New Pool Fence Laws
Between 1 January 2004 and 18 May 2010, 35 children under five years of age drowned in Queensland’s residential swimming pools.
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 were introduced on 1st December 2010
All existing pools were required to comply with a single pool safety standard by 30th November 2015, unless you sell or lease your property beforehand (in which case, the pool needed to be brought up to the new standard at that time).
Since December 2010, there has been ?? cases of children under five drowning in Queensland residential swimming pools.
For more information visit www.dip.qld.gov.au/poolfencing.
How The New Rules Affect You
All Pool Owners need to comply with the Pool Safety Standard from 30/11/2015.
This means that you need to be satisfied that your pool barrier is compliant. It does not mean that you need to arrange an inspection, if you have the knowledge and expertise to self-assess your pool barrier.
Pool owners that ignore the law risk fines from Councils. Most Councils in Queensland have a mandatory inspection programme, and they have the power to enter backyards without notice. If they discover a non-compliant pool, they may issue fines.
The State Government can also issue fines. As at July 2015, the fine for a non compliant pool barrier is over $19,000.
Most pool owners do not have the knowledge and expertise to self-assess their pool barrier against the Building Act, the Australian Standards and the Queensland Development Code. An inspection by a Licenced Pool Safety Inspector is recommended.
For Landlords, you are not able to rent your property to a tenant (new or existing) without a Pool Safety Certificate, without risking fines or penalties. Real Estate Property Managers also risk fines for ignoring the law. Pool Safety Certificates expire after 2 years.
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 are not able to host overnight guests without a Pool Safety Certificate, and without risking fines. Certificates last for 1 year, so they should be renewed annually.
For Body Corporates, a Pool Safety Certificate is required if a lot owner sells a unit or rents a unit to a tenant (new or existing), which occurs on a regular basis in most Body Corporate complexes. Certificates last for 1 year, so they should be renewed annually.
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 mypoolinspection understand 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.
Arrange your Pool Fence Inspection now.