New Pool Fence LawsBetween 1 January 2004 and 18 May 2010, 35 children under five years of age drowned in Queensland’s residential swimming pools, as well as two drownings in wading pools and one in a home-made pool.
It is widely acknowledged that supervision is the first line of protection for children. However, an effective pool barrier provides added protection in cases where supervision is ineffective. Queensland Injury Surveillance Unit research in 2002 revealed at least 70 people are alive today because of the introduction of pool fencing laws in the early 1990’s.
New Pool Safety Laws apply from 1st December 2010
All existing pools are to comply with a single pool safety standard within 5 years, unless you sell or lease your property beforehand.
For more information visit www.dip.qld.gov.au/poolfencing.
How The New Rules Affect You
A Private Property Owner may not be able to settle the sale of a property without a Pool Safety Certificate without risking fines or penalties.
For Landlords, you will not be able to rent your property to a tenant (new or existing) without a Pool Safety Certificate from 8th July 2011, without risking fines or penalties.
For Sellers, a Pool Safety Certificate is required at the time of Settlement. The Buyer can accept the responsibility for getting the Certificate, and extend the time period to 90 days past settlement, but you need to complete disclosure documentation, in the prescribed form, to provide to the Buyer and the Pool Safety Commissioner.
For Short Term Accommodation Providers including hotels, motels, resorts and caravan parks, you will not be able to book in an overnight guest after May 2011 without a Pool Safety Certificate. Short Term Accommodation Providers are entitled to an extended two year Pool Safety Certificate if they have the pool(s) inspected within the first three months of the legislation taking effect on 1st December 2010 .
For Body Corporates, after 30 November 2012 a Pool Safety Certificate is required if a lot owner sells a unit or rents a unit to a tenant (new or existing).
Pool Safety Certificates will remain valid for one year if you own a shared pool and will remain valid for two years for non-shared pools. There are “Phase-in” periods for Sellers and those with shared pools, but you will be burdened by the need to complete disclosure documentation, in the Government-Prescribed form, if you choose to sell or lease without a Pool Safety Certificate. You will also be carrying liability risks if a child drowns in a non-complying pool.
Delaying an inspection means that you carry risks of your pool fence being non-compliant, and the risk of a child being injured. The team at mypoolinspectionunderstand the risks associated with pool fencing and we are here to help you save young lives and to ensure your pool fence complies with the new pool fence inspection laws.
Don’t wait until you want to sell or lease you property – Arrange your Pool Fence Inspection now and save the stress.