Swimming Pool Regulations

 

picture of swimming pool regulationsIn 2009, Queensland introduced pool safety laws which contained a number of swimming pool regulations to be adhered to by all pool owners for both new and existing pools. The deadline for compliance to these regulations and safety standard was 30 November 2015, or earlier for those who were leasing or selling their properties. The reason for the introduction of pool regulations was to make swimming pools safer, particularly for children with respect to pool barriers and safety fences.  Cases of children drowning and others suffering serious immersion injuries had been rampant thus prompting the government to step in to maintain sanity.

Under the swimming pool regulations, pool owners are required to maintain barriers, fix damaged fencing, meet all the pool fencing regulations, as well as safety standards.

 

 

Swimming Pool Regulations

As stipulated by the pool safety regulations, pool barriers include fencing for the pool, the walls of a building that enclose the pool, as well as any other form of pool barrier as provided for or mentioned in the pool safety standard. The pool regulations in Queensland are applicable to all swimming pools whether shared or non-shared, state that they must be enclosed by a barrier that is approved by the state government of Queensland and one that meets the pool safety registration as indicated in the Building Act 1975, Chapter 8.

 

The property owner has a responsibility to ensure that the pool barriers erected are compliant at all times. In addition, tenants also have a responsibility to ensure all pool gates are closed and no objects are in place to assist children in accessing the pool on their own. As a way of enforcing the safety provisions, all pool owners were required to have their pools registered by 4 November, 2011. Failure to register your pool can attract penalties as outlined in the standard. To check if your pool is registered go to the QBCC website. You will not be fined for registering your pool after the deadline, however fines could apply if state government inspectors find your pool not registered.   

 

The Significance of Pool Safety Certificates

When buying, selling or leasing a property that has a swimming pool, a pool safety certificate is required as part of the swimming pool regulations. The certificate must be issued by a pool safety inspector who is licensed. As per the swimming pool regulations, pool safety certificates are only valid for one year in the case of shared pools and two years for non-shared pools.

 

In the event a property that has a swimming pool is leased, the law requires that the body corporate or landlord obtains a pool safety certificate prior to the signing of the lease agreement. A copy of the certificate should also be issued to the occupier or tenant except in cases where the accommodation is on a short term basis such as in motels, hotels, and backpacker hostels. Where the pool certificate doesn’t exist, the pool owner should give a Form 36 (Notice of No Pool Safety Certificate) to the lessee.

 

Form 36 notice of no pool safety certificate Swimming Pool Regulations

When selling a property that has a shared pool, the seller must give the purchaser the safety certificate or a Form 36.  The Form 36 is an indication the pool may not be compliant with the swimming pool regulations and hence the necessary steps must be taken to make it compliant.  A Form 36 gives you as the buyer the opportunity to either accept or turn down the purchase of the property.

 

The Role of Property Agents

Property agents who collect fees and commissions in connection with an accommodation agreement such as a lease and where no pool certificate exists for a non-shared pool, may be penalised under the Property Occupation Act 2014. There are cases where the property agents may be requested to attend to safety matters on behalf of the property owners. As an agent, one must be aware of all of the three important pool safety forms which are:

 

 

  • Form 23 – This is the safety certificate and it is an indication that the pool complies with the swimming pool regulations
  • Form 36 – This form indicates that no pool safety certificate exists
  • Form 26 – This is a notice of swimming pool safety non-conformity

Under the swimming pool regulations, property agents can utilise the online pool safety register portal to check the validity of pool safety certificates for the properties they are managing.

 

property search for pool safety registerPool Safety Inspection

Swimming pool safety inspections are normally done by persons who are licensed by the Queensland Building and Construction Commission. These inspectors help in determining whether a given swimming pool complies with the safety standard and if it does, issue them with a pool safety certificate. The inspectors are guided by a code of conduct and their details are available on the pool safety register.

 

According to the swimming pool regulations, pool safety inspectors have certain responsibilities that they must discharge during their safety inspection process. These are:

 

  • Inspection of swimming pools to determine compliance and whether a pool safety certificate should be issued
  • Giving of non-conformity notices as well as pool safety certificates
  • Where licensed to do so, these inspectors can carry out minor works as provided for under the Building Regulation 2006.

 

In the case of conformity, the safety inspector gives the pool owner the pool safety certificate which has a unique identification number and the same is recorded in the register. For cases of non-conformity, the inspector gives the owner a Form 26 which stipulates the rectifications required to make the pool compliant as per the swimming pool regulations.

 

Pool Safety Fence Exemption Brisbane City Council online exemption form

Pool Safety Fence Exemption

Exemptions are possible through an application to the council. Before such exemptions are given, the council closely examines your case in relation to the safety of children. There are two main types of exemptions as per the swimming pool regulations; disability exemptions and impracticality exemptions.

 

In applying for a disability exemption, the extent and form of disability must be disclosed, and supported by medical evidence. There should also be a description of the barrier provisions which prevent the disabled person from accessing and exiting the swimming pool facility. The replacement preventive measures which will prevent children from accessing the pool must also be clearly stated. 

 

Impracticality exemptions are issued when it is impractical to have a normal barrier in place for that part of the fence only. For example, if the issue relates only to space for a gate to open outwards, the exemption would not extend to matters not relating to the gate. 

 

The Queensland government swimming pool regulations allow local councils to issue fines for violations in pool fencing compliance.

Service Areas

Brisbane

Inner Suburbs

Bowen Hills – Brisbane – East Brisbane – Fortitude Valley – Herston – Highgate Hill – Ithaca – Kangaroo Point – Kelvin Grove – New Farm – Newstead – Paddington – Petrie Terrace – South Brisbane – Spring Hill – Teneriffe – West End – Woolloongabba

Western Suburbs

Anstead – Ashgrove – Auchenflower – Bardon – Bellbowrie – Brookfield – Chapel Hill – Chelmer – Chuwar – Corinda – Enoggera – Enoggera Reservoir – Ferny Grove – Fig Tree Pocket – Graceville – Indooroopilly – Jamboree Heights – Jindalee – Karana Downs – Kenmore – Kenmore Hills – Kholo – Lake Manchester – Middle Park – Milton – Moggill – Mount Coot-tha – Mount Crosby – Mount Ommaney – Oxley – Pinjarra Hills – Pullenvale – Red Hill – Riverhills – Sherwood – Sinnamon Park – St Lucia – Taringa – The Gap – Toowong – Upper Brookfield – Upper Kedron – Westlake

Northern Suburbs

Albion – Alderley – Ascot – Aspley – Bald Hills – Banyo – Boondall – Bracken Ridge – Bridgeman Downs – Brighton – Brisbane Airport – Carseldine – Chermside – Chermside West – Clayfield – Deagon – Eagle Farm – Everton Park – Fitzgibbon – Gaythorne – Geebung – Gordon Park – Grange – Hamilton – Hendra – Kedron – Keperra – Lutwyche – McDowall – Mitchelton – Myrtletown – Newmarket – Northgate – Nudgee – Nudgee Beach – Nundah – Pinkenba – Sandgate – Shorncliffe – Stafford – Stafford Heights – Taigum – Virginia – Wavell Heights – Wilston – Windsor – Wooloowin – Zillmere

Eastern Suburbs

Balmoral – Belmont – Bulimba – Camp Hill – Cannon Hill – Capalaba West – Carina – Carina Heights – Carindale – Chandler – Coorparoo – Gumdale – Hawthorne – Hemmant – Lota – Lytton – Manly – Manly West – Moreton Island – Morningside – Murarrie – Norman Park – Port of Brisbane – Ransome – Seven Hills – Tingalpa – Wakerley – Wynnum – Wynnum West

Southern Suburbs

Acacia Ridge – Algester – Annerley – Archerfield – Berrinba – Burbank – Calamvale – Carole Park – Coopers Plains – Darra – Doolandella – Drewvale – Durack – Dutton Park – Eight Mile Plains – Ellen Grove – Fairfield – Forest Lake – Greenslopes – Heathwood – Holland Park – Holland Park West – Inala – Karawatha – Kuraby – Larapinta – Macgregor – Mackenzie – Mansfield – Moorooka – Mount Gravatt – Mount Gravatt East – Nathan – Pallara – Parkinson – Richlands – Robertson – Rochedale – Rocklea – Runcorn – Salisbury – Seventeen Mile Rocks – Sinnamon Park – Stretton – Sumner – Sunnybank – Sunnybank Hills – Tarragindi – Tennyson – Upper Mount Gravatt – Wacol – Willawong – Wishart – Yeerongpilly – Yeronga

Moreton Bay Region

Albany Creek - Arana Hills - Armstrong Creek - Banksia Beach - Beachmere - Bellara - Bellmere Bellthorpe - Bongaree - Booroobin - Bracalba - Bray Park - Brendale - Bunya - Burpengary - Burpengary East - Caboolture - Caboolture South - Camp Mountain - Campbells Pocket - Cashmere - Cedar Creek - Cedarton - Clear Mountain - Clontarf - Closeburn - Commissioners Flat

D'Aguilar - Dakabin - Dayboro - Deception Bay - Delaneys Creek - Donnybrook - Draper - Eatons Hill - Elimbah - Everton Hills - Ferny Hills - Godwin Beach - Griffin Highvale - Jollys Lookout - Joyner - Kallangur - King Scrub - Kippa-Ring - Kobble Creek - Kurwongbah - Laceys Creek - Lawnton

Mango Hill - Margate - Meldale - Moodlu - Moorina - Morayfield - Mount Delaney - Mount Glorious - Mount Mee - Mount Nebo - Mount Pleasant - Mount Samson - Murrumba Downs - Narangba - Neurum - Newport - Ningi - North Lakes - Ocean View - Petrie - Redcliffe – Rocksberg - Rothwell - Rush Creek 

 Samford Valley - Samford Village - Samsonvale - Sandstone Point - Scarborough - Stanmore - Stony Creek - Strathpine - Toorbul - Upper Caboolture - Wamuran - Wamuran Basin - Warner - Welsby - White Patch - Whiteside - Wights Mountain - Woodford - Woody Point - Woorim - Yugar

Redlands City

        Alexandra Hills - Amity Point - Birkdale - Capalaba - Cleveland - Ormiston - Redland Bay - Sheldon - Thorneside - Thornlands - Victoria Point - Wellington Point  

Logan City

Bahrs Scrub - Bannockburn - Beenleigh - Belivah - Berrinba - Bethania - Boronia Heights - Browns Plains - Buccan - Carbrook - Cedar Creek - Cedar Grove - Cedar Vale - Chambers Flat - Cornubia - Crestmead - Daisy Hill - Eagleby - Edens Landing 

Forestdale - Greenbank - Heritage Park - Hillcrest - Holmview - Jimboomba - Kagaru - Kingston - Logan Central - Logan Reserve - Logan Village - Loganholme - Loganlea - Lyons - Marsden - Meadowbrook - Mount Warren Park - Mundoolun - Munruben - New Beith - North Maclean 

  Park Ridge - Park Ridge South - Priestdale - Regents Park - Rochedale South - Shailer Park - Slacks Creek - South Maclean - Springwood - Stockleigh - Tamborine Tanah Merah - Underwood - Undullah - Veresdale - Veresdale Scrub - Waterford - Waterford West - Windaroo - Wolffdene - Woodhill - Woodridge - Yarrabilba

Sunshine Coast

Alexandra Headland - Aroona - Bald Knob - Balmoral Ridge - Battery Hill - Beerburrum Beerwah - Belli Park - Bells Creek - Birtinya - Bli Bli - Bokarina - Booroobin - Bribie Island North Bridges - Buddina - Buderim - Burnside - Caloundra West - Caloundra - Cambroon - Chevallum Coes Creek - Conondale - Coochin Creek - Coolabine - Cooloolabin - Coolum Beach - Cotton Tree Crohamhurst - Curramore - Currimundi - Diamond Valley - Dicky Beach - Diddillibah - Doonan Dulong 

 Eerwah Vale - Elaman Creek - Eudlo - Eumundi - Flaxton - Forest Glen - Gheerulla Glass House Mountains - Glenview - Golden Beach - Harper Creek - Highworth - Hunchy Ilkley - Image Flat - Kenilworth - Kiamba - Kidaman Creek - Kiel Mountain - Kings Beach Kulangoor - Kuluin - Kunda Park - Kureelpa - 

Landers Shoot - Landsborough - Little Mountain Maleny - Mapleton - Marcoola - Maroochy River - Maroochydore - Meridan Plains - Minyama - Moffat Beach - Mons - Montville - Mooloolaba - Mooloolah Valley - Mount Coolum - Mount Mellum - Mountain Creek - Mudjimba - Nambour - Ninderry - North Arm - North Maleny - Obi Obi  

 Pacific Paradise - Palmview - Palmwoods - Parklands - Parrearra - Peachester - Pelican Waters - Peregian Beach - Peregian Springs - Perwillowen - Point Arkwright - Reesville Rosemount - Shelly Beach - Sippy Downs - Tanawha - Towen Mountain - Twin Waters - Valdora Verrierdale - Warana - West Woombye - Weyba Downs - Witta - Woombye - Wootha - Wurtulla Yandina Creek - Yandina - Yaroomba 

Gold Coast

Advancetown ­- Alberton - Arundel - Ashmore - Austinville - Benowa - Biggera Waters - Bilinga Bonogin - Boyland - Broadbeach - Broadbeach Waters - Bundall - Burleigh Heads - Burleigh Waters - Carrara - Cedar Creek - Clagiraba - Clear Island Waters - Coolangatta - Coombabah - Coomera - Currumbin - Currumbin Valley - Currumbin Waters - Elanora 

 Gaven - Gilberton - Gilston - Guanaba - Helensvale - Highland Park - Hollywell - Hope Island - Illinbah - Jacobs Well - Kingsholme - Labrador - Lower Beechmont - Luscombe - Main Beach - Maudsland - Mermaid Beach - Mermaid Waters - Merrimac - Miami - Molendinar - Mount Nathan - Mudgeeraba - Natural Bridge - Nerang - Neranwood - Norwell - Numinbah Valley

Ormeau - Ormeau Hills - Oxenford - Pacific Pines - Palm Beach - Paradise Point - Parkwood - Pimpama - Reedy Creek - Robina - Runaway Bay - South Stradbroke Island - Southern Moreton Bay Islands - Southport - Springbrook - Stapylton - Steiglitz - Surfers Paradise - Tallai - Tallebudgera - Tallebudgera Valley - Tugun - Upper Coomera - Varsity Lakes - Willow Vale - Wongawallan - Woongoolba - Worongary - Yatala

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