Pool Safety Certificate is a must in Brisbane, Ipswich, Sunshine Coast and Gold Coast Queensland, and can only be issued by a pool safety inspector or a building inspector. If you are renting, leasing, selling or have a shared pool you will need a certificate and pool safety certification issued The safety inspection process is carried out by an inspector who is licensed by the Queensland (QLD) government.
Also known as Form 23, a Pool Safety Certificate plays a crucial role when selling, leasing, or entering into an accommodation arrangement for a property that has a pool. By law, certificates for shared pools are valid for a period of one year while for non-shared pools; the validity extends to two years. It does not matter how many times the property with a certified pool is re-leased or re-sold over this period; the Pool certificate still remains in force. Contact Elite Pool Inspections for a Pool Safety Certificate in QLD
When the Pool Safety Certificate finally expires, the property owner is not required to immediately get another certificate unless he wants to lease or sell the property. A Non-Compliance Certificate will be given if you don't pass your first inspections and any following inspections and will be given untill you comply with the standards.
In the event the pool is shared, the body corporate or the owner in charge is supposed to obtain the Pool Safety Certificate and is sometimes called a Pool Certification and avail it to all unit owners. One certificate is enough and covers all the unit owners and as such there is no need to obtain separate Certificate in Queensland (QLD) for the same pool facility.
Where a Pool Safety Certificate in Queensland (QLD) has been issued and the local government has every reason to believe the certified pool violates the pool safety standard, it has the authority to cancel the Pool certificate. Following the cancellation, the property owner or body corporate is supposed to get another certificate when the property is being leased or sold.
When a property undergoes major pool alterations or has a new pool is constructed, a building certifier will issue the pool owner with Form 17 building certifiers are the only ones who can issue Form 17, which is the final inspection certificate. This certificate can take the place of a pool fence certificate when the owner is leasing or selling the property.
For a building that has a Swimming pool or land upon which a regulated swimming pool is situated, the owner of the property will be issued with a pool fence certificate. This certificate just like the Form 17, can serve as a certificate for the same period that is one year for public pools and two years for private pools.
The validity of the certificate of classification and building certificate depends on whether they were issued in line with the current pool safety standard. Where the Certificate were issued against the older pool safety standard that was in force before 1st December, 2009, they cannot be used in place of a Safety Certificate and thus you will be required to obtain a separate Fence certificate.
In the absence of a pool safety certificate, you are required to furnish the buyer with a fully filled Form 36, Notice of No Pool Safety Certificate, prior to engaging in the sales contract. It is essential to note that even if a Form 36, Notice of No Certificate, is provided to the buyer, the pool must adhere to and consistently maintain compliance with the prevailing pool safety standards. Importantly, presenting a Form 36 does not exempt you from potential actions by your local council in the event of non-compliance with pool safety regulations.
The pool safety certifiers have up to 5 business days following the issuance of a final inspection that has passed, for a certifier to avail the details of the Pool Safety Certificate to the Queensland Building and Construction Commission in the approved manner so that a Pool Safety Certificate may be entered in the pool safety register.
A Pool Certificate is issued by law in Queensland (QLD) as an indication that the particular pool conforms with the safety standard. The certificate has a unique identification number and the pool safety inspector is supposed to ensure the Pool Safety Certificate is entered in the pool safety register. The following grounds cannot be used by the inspector as reason not to issue a Pool Safety Certificate and safety certification.
In the event of not being compliant meaning the inspector is not satisfied with the compliance status of the Fence with respect to the safety standard, the pool owner will be used with a separate Form 26 within a period of two business days after the inspection. This form is known as non-compliance certificate and it clearly states the areas where the swimming pool doesn’t comply and what it is supposed to be done to gain a pass in the inspection. If the owner feels aggrieved; he may go ahead and appeal the decision of the pool inspector to a despite resolution committee. The appeal has to be made within 20 business days following the issuance of Form 26.
It is for your own convenience and business interest as the landlord, body corporate, or real estate agent to have your pool inspected and a Pool Certificate in Queensland (QLD) issued every two years. If you would like a copy of your pool safety certificate or check if your pool is registered you can go to the pool register.
How to get a pool certificate. Only a pool safety inspector—licensed by the QBCC—can issue safety certificates. You can find a licensed pool safety inspector on the QBCC website. However you can contact us on 0438 617 917 to organise a pool certificate for your pool fence or you can Book an Inspection online though our simple 30 second booking form.
If you're not giving the buyer a certificate, it is necessary to issue the buyer a Form 36, also known as the "notice of no certificate". This notice should be provided before entering into a sales contract, and you must also send a completed copy of the form to QBCC at poolsafety@qbcc.qld.gov.au before the property's settlement.
Safety certificates remain valid for one year for shared pools and two years for non-shared pools in Queensland.
The Qld Government charges a fee of $41.75 (2022) for a Certificate. This certificate is necessary to confirm a compliant pool barrier, and it can only be obtained after an inspection by a Pool Safety Inspector covering the entire pool area.
Local government authorities can grant barrier exemptions based on two primary reasons: disability or impracticality.
An exemption typically pertains to a specific aspect of the pool safety standard, rather than the entire pool barrier. For instance, an exemption may only address the need for a latch to be situated at 1500mm height because it's inaccessible to a person in a wheelchair.
To seek information or initiate the barrier exemption application process, pool owners should get in touch with the QBCC authority.
Non-Shared Pools: These are pools that are on properties where the pool is used solely by the occupants of one dwelling. For example, a pool in a single-family home's backyard is considered a non-shared pool.
Shared Pools: Shared pools are those located on properties with multiple dwellings, and the pool is intended to be used by multiple households. This includes pools in apartment complexes, hotels, resorts, and similar properties where more than one household has access to the pool.
Non-Shared Pools: The certificate for non-shared pools is valid for two years. This means that if you have a pool in a single-family home, the certificate is valid for two years from the date of issue.
Shared Pools: For shared pools, the certificate is valid for one year. This means that if you own or manage a property with a shared pool, you need to renew the certificate every year to ensure that the pool remains compliant with safety standards.
It's important to note that these distinctions help determine how often a property owner or manager needs to renew the certificate based on the type of pool they have. Pool safety standards is essential for both types of pools to ensure the safety of all users.
No, there are no penalties for not having a valid certificate for non-shared pools, however, if your pool fence doesn't meet the pool safety standards and a Goverment Pool Safety Inspector inspects your pool fence you could be fined. Shared Pools must have a valid certificate and you may be fined. See below.
On-the-Spot Fine: If a Goverment Pool Safety Inspector finds that your pool does not meet the pool safety standards, they may issue an on-the-spot fine. As of my last knowledge update in January 2022, the on-the-spot fine amount for this offense was $824.60. However pool inspectors that don't directly work for the Goverment can't fine you.
Maximum Court Penalty: If the matter is taken to court, a pool owner who does not meet the pool safety standards can face a maximum penalty of up to $19,437. This is determined by the court, and the actual penalty may vary based on the circumstances and the court's decision.
Yes and No. In Queensland, spa pools and portable pools are subject to specific pool safety requirements. The requirements for spa pools and portable pools may differ from those for in-ground or permanent pools. Here are the key distinctions:
Portable Pools: These are typically inflatable or above-ground pools that can be moved or dismantled. In Queensland, some portable pools may not require a certificate if they meet certain criteria. Specifically, a portable pool is exempt from the certificate requirements if it:
If a portable pool meets these criteria, it may not require a certificate. However, it's essential to verify this with your local council or the Queensland Building and Construction Commission (QBCC) to ensure current regulations.
Spa Pools: Spa pools are covered by the same pool safety requirements as other regulated pools in Queensland. If you have a spa pool that is capable of being filled with water to a depth of 300mm or more, it is subject to the certificate requirements.
It's important to note that pool safety regulations and exemptions may change, so it's advisable to check the latest information from the Queensland Building and Construction Commission (QBCC) or your local council to ensure that your spa pool or portable pool complies with the current regulations. Additionally, regulations may differ based on the specific characteristics of your pool, so it's recommended to seek guidance from the relevant authorities to determine your pool passes the requirements.
A safety inspection in Queensland is a thorough assessment of your pool area to ensure that it complies with the state's pool safety standards. During the inspection, a licensed Pool Safety Inspector will evaluate various aspects of your pool barrier to determine if it passes.
Here's what you can expect during a safety inspection in Queensland:
1. Booking the Inspection:
2. Access to the Pool Area:
3. Inspection Process:
4. Assessment:
5. Documentation:
- The inspector will complete a checklist, which outlines the specific requirements to pass the inspection.
6. Feedback:
7. Nonconformity Notice:
8. Reinspection (if required):
9. Compliance Certificate (if applicable):
It's important to understand that an inspection is intended to ensure the safety of pool users, particularly children. Queensland's pool safety standards is crucial to prevent accidents and drowning incidents. If you have any doubts or questions about the inspection process, you can consult with us or your local council for guidance.
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