Pool Safety Requirements – Compliance Date is Looming ~ 30 November 2015

The History

In 2008, the Queensland Government conducted a review of Queensland’s pool safety laws in an endeavour to reduce the number of drownings and serious injuries involving children in residential swimming pools.

As a result of this review, a two-stage swimming pool safety strategy was adopted: –

• Stage 1 – commenced on 1 December 2009 and applied mostly to new residential outdoor swimming pools.
• Stage 2 – commenced on 1 December 2010 and required the Government to replace 11 different pool safety standards with one pool safety standard for all residential pools (including spa pools and spa baths), known as the Queensland Development Code Mandatory Part 3.4 – Swimming Pool Barriers and the Australian Standard (AS) 1926-2007 Parts 1 and 2 (“Standard”).

The compliance date for both new and existing pools to comply with the Standard is 30 November 2015.

The Standard

The Standard stipulates the minimum requirements that a swimming pool barrier must meet to comply with Queensland’s pool safety laws.

The Standard deals with matters such as the: –

• requirement for clear areas (no trees, branches, decks, stairs etc.)
• location of climbable and non-climbable zones
• minimum fence height

and is available for download at http://www.hpw.qld.gov.au/PoolSafety

The Penalties

Local government has the function of inspecting pools, enforcing pool safety laws and deciding exemptions.

A pool owner has generally committed an offence if their pool fails to comply with the Standard on or after 30 November 2015.

The maximum penalty that can be imposed by a court for pool safety offences is: –

• $18,150 for individuals
• $90,750 for corporations,

with on-the-spot fines of up to: –

• $1,760 for individuals
• $5,280 for corporations.

The Pool Safety Register

All pools in Queensland must be registered on the Pool Safety Register.

Failure to register a pool can incur a fine of up to $2,200.

To check if a pool is registered search the address at https://www.qbcc.qld.gov.au/home-building-owners/pool-safety/registering-your-pool

The Pool Safety Certificate

Pool safety certificates are required when selling, buying, leasing a property with a pool.

A Form 23 – Pool safety certificate, is an approved form advising a person that a swimming pool has been inspected by a licensed pool safety inspection and, at the time of inspection, the pool complied with the Standard.

A pool safety certificate is valid for 2 years from the date of issue. A new certificate is not required after this period, unless selling or leasing the property.

If you require further information on pool safety laws please contact our firm.