• The aim of the new laws is to reduce the number of young children drowning in swimming pools by requiring all pools to be isolated by a complying pool fence.
• A single standard for pool fencing across the State, has been introduced which replaces numerous State and local government standards.
• From 1 December 2010, all new pool fences constructed must comply with the new Pool Safety Standard.
• From 1 December 2010 if a property is sold or a new lease is signed the pool must either have a certificate stating compliance, or a form 36 notifying new owners or tenants of the fact that the pool may not be compliant.
• If a Form 36 has been issued the pool must be rendered compliant within 90 days of the signing of the contract.
• By 30 November 2015 all Queensland pools are to comply with the Pool Safety Standard.
Strictly follow the above mentioned laws and avoid paying penalties
• A pool is defined as a structure capable of being filled with water to a depth of 300 mm or more and used primarily for swimming, wading, paddling or the like, including a bathing or wading pool, or spa. Indoor pools are included, as are some portable wading pools. To be excluded a portable wading pool needs to have a depth of less than 300 mm, a volume less than 2,000 litres and has no filtration system).
Do I Need a Pool Safety Certificate?
• A Certificate is required if there is a pool where any of the following are located : house, unit, apartment, hotel, motel, hostel, caretaker residence, caravan park.
• Australian Standard AS 1926.1-2007
• Queensland Development Code MP3.4
• Building Amendment Regulation (No 4) Section 13A
What is the Difference between a Shared Pool and a Non Shared Pool?
• A Shared Pool is where residents of 2 or more dwellings have the right to use a regulated pool situated on the land.
• There are specific provisions for shared pools.
If I own My Home Do I Need a Pool Safety Certificate Now?
• Home owners have until 30 November 2015 to comply with the new laws, unless they sell or lease their property.
• When selling, the owner can provide either a Pool Safety Certificate (Form 23) or Notice of No Pool Safety Certificate (Form 36), in which case the new owner has 90 days from date of contract to achieve compliance.
• Owners must check on the Department of Local Government and Planning web site to see if their pool is registered. If not registered the owner must give the department details to enable the pool to be included on the Register. http://www.dip.qld.gov.au/pool-safety/pool-safety-register.html
If I Rent My Home Do I Need to Obtain a Pool Safety Certificate?
• The owner of a property with a non-shared pool must provide the lessee with a PSC.
• It is the tenant's responsibility to ensure the pool gate is not kept open and that there are no objects that would allow children access to the pool area.
• If leasing a premises with a shared pool, either a PSC or Form 36 can be given.
• A phase in period of 6 months from 1 December 2010 has been allowed for short term accommodation such as hotels;
• A phase in period of 2 years from 1 December 2010 has been allowed for other shared pools such as bodies corporate.
• The Pool Safety Certificate must be displayed near the main entrance of a premises with a shared pool or an entrance giving access to the pool.
• Pool Safety Inspectors must have a current PSI licence.
• Building Certifiers are automatically licensed as a PSI until 30 November 2011.
• Inspectors cannot carry out an inspection if there is a conflict of interest.
• Inspectors are bound by a Code of Conduct.
• Pool Safety Inspectors must issue either a Pool Safety Certificate or a Non Conformity Notice (Form 26) within 2 business days of the inspection.
• A Non Conformity Notice is not required if the is pool re-inspected within 2 days.
• A Pool Safety Certificate for a non shared pool lasts for 2 years, or 1 year in the case of a shared pool.
• The Non Conformity Notice must state what work needs to be done and why.
• The Work must be completed within 90 days of the Form 26 being issued.
• The owner must ask the same Inspector to re-inspect within 3 months. It is an offence for the owner to ask another Inspector to do an inspection unless permission has been obtained from the Pool Safety Council.
• Re-inspection must be carried out within 5 business days of it being booked.
• A Final Certificate or Certificate of Classification can be used instead of a PSC.
• Oversees the licensing and auditing of Pool Safety Inspectors.
• Investigates written complaints concerning Pool Safety Inspectors
• Keeps a register of all pools in Queensland.
• Keeps a register of all Pool Safety Inspectors in Queensland.
• Oversees the issue of Pool Safety Certificates.
