Pool Regulations & Pool Safety Laws

The Queensland Government has introduced new pool safety laws and pool regulations aimed at further reducing the incidences of drowning and serious immersion injuries of young children in swimming pools. These laws and pool regulations affect new and existing pools.

Pool Safety Register

All properties with regulated pools need to be included in the state-based pool safety register by 4 November 2011. Pool and spa owners are advised to check the register to ensure their pool or spa is registered. Penalties of up to $2,000 may apply for pools or spa’s that do not appear on the register. A current pool safety certificate for a property is required for any sale or lease of a property with a regulated pool or spa.

What Are Regulated Pools?

Regulated pools include pools associated with:

  • houses

  • units and unit complexes

  • motels
  • hotels
  • hostels
  • backpacker accommodation and short term accommodations
  • caravan parks
  • mobile van parks

Requirements for CPR Warning Signs

New pool safety laws require the latest cardio pulmonary resuscitation (CPR) sign to be displayed in a conspicuous position near your pool. Ensure your pool complies with the latest CPR sign requirements.

Buying & Selling

Sellers of properties with a pool must provide a buyer with a swimming pool safety certificate prior to settlement. Alternatively, if the seller does not provide a certificate, the seller must issue the buyer with a notice, Notice of no pool safety certificate – form 36, before entering into the contract of sale and before settlement. This form advises the buyer that they have 90 days to obtain the certificate from a licensed pool safety inspector after settlement. The buyer is liable for any costs associated with achieving compliance, unless otherwise negotiated as part of the contract.

The seller does however need to give the Notice of no pool safety certificate – form 36 to the Department of Infrastructure and Planning. For shared pools, the pool owner (e.g. the body corporate) will also require a copy.

Accommodation Agreements (Leases, Hotel stays etc)

Property owners entering into accommodation agreements, such as leases or hotel stays, must also obtain a swimming pool safety certificate. For non-shared pools, such as pools for houses, townhouses or units with their own pool or spa, a pool safety certificate is required prior to entering into an accommodation agreement.

For shared pools, such as a body corporate pool in a unit complex, if there is no pool safety certificate in effect, a form 36 must be given to the pool owner (e.g. body corporate), the Department of Infrastructure and Planning and, except for short-term accommodation, the occupant (e.g. tenant).

Potable Pools & Spas

Portable pools and spas can pose a serious safety risk to young children. A number of child drownings in recent years have occurred in portable pools and spas. It is therefore important to consider the safety of young children around these pools.

Portable Pools And Spas Excluded From The New Laws

Queensland’s pool safety laws do not apply to portable pools or spas that:

  • Cannot be filled with more than 300 mm of water

  • Have a maximum volume of 2000L

  • Have no filtration system.

All three criteria above must be met to be excluded. Many models of portable pools sold at department stores and pool shops meet these criteria, but you should check before buying.

Portable pools and spas covered by new laws

  • If your portable pool or spa can hold more than 300 mm of water,

  • Has a volume of more than 2000 L

  • Or has a filtration system, the new laws apply to you.

New Pools and Spas

You will need to:

  • Obtain a certificate from a licensed building certifier stating that your pool complies with the pool safety standard, before filling the pool or spa with more than 300mm of water

  • Obtain a building approval

  • Ensure your pool or spa is registered with QBCC

From 1 December 2010, if you are selling, buying or leasing your property a pool safety certificate is required from a licensed pool safety inspector. Alternatively, the portable pool or spa can be removed.

If your portable pool is disassembled and does not hold more than 300 mm of water, it does not need to comply with the pool safety standard until it is assembled and filled with more than 300 mm of water.

Responsibilities

Pool Owners

  • The pool owner is generally the owner of the property. The owner of the property is responsible for ensuring their pool safety barrier is compliant

  • Ensure to keep climbable objects (inc. furniture) away from the safety barrier.

Tenant Renting the Property with A Pool

  • Tenants are responsible for ensuring that the gate is kept closed and that there are not any objects that would allow children to access the pool.

  • Ensure to keep climbable objects (inc. furniture) away from the safety barrier.

  • If a person renting a property buys a pool that requires pool safety barriers, the owner of the pool must ensure the pool has a compliant pool safety barrier.

Always supervise your children near a pool

Begin swimming lessons for your children

Close the pool gate and keep fence maintained

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