New Pool Safety Laws

Pool safety laws

Swimming pools should be fun. However drowning is the leading cause of death in Queensland for children aged one to four. Supervision of kids and teaching them to swim at a young age can save lives.

Effective pool fencing also helps keep kids safe. This is why new pool safety laws have been introduced.

Stage 1 of the new pool safety laws was introduced on 1 December 2009 and applies to new residential pools. The final stage, stage 2, commences on 1 December 2010 and mostly affects existing swimming pools.

There is now one pool safety standard, the Queensland Development Code Mandatory Part 3.4, that replaces 11 different pool safety standards.

What the pool safety laws mean for me

Under the new swimming pool safety laws:

  • pool safety certificate, issued by a licensed pool safety inspector, is required when selling, buying or leasing a property with a pool (pool safety certificates are valid for one year for a shared pool and two years for a non-shared pool)
  • the pool safety standards apply to all pools associated with houses, units, hotels, motels, backpacker hostels, caravan parks, mobile van parks and other forms of short-term accommodation
  • both new and existing pools must be upgraded to comply with the new safety standards within 5 years or earlier if sold or leased before then
  • all swimming pools need to be included on the state-based pool safety register by 4 May 2011
  • safety barriers are mandatory for all portable pools and spas deeper than 300 millimetres.

When the new pool safety standard has to be met

Pool owners have until 30 November 2015 to comply with the new pool safety standards, or earlier if their property is sold or leased before then.

If you are selling a property with a non-shared pool before the 5 year phase-in, such as pools for houses or townhouses or units with their own pool or spa:

  • a pool safety certificate must be obtained before settlement of a contract; or
  • a notice of no pool safety certificate – form 36 issued before contract and before settlement advising the buyer that a certificate must be obtained within 90 days of settlement.

If you are leasing your property, a pool safety certificate must be obtained before entering into the lease.

If you are selling or entering into an accommodation agreement (e.g. lease, hotel stay etc.) for a property with a shared pool associated with short-term accommodation, such as hotels, motels, backpackers or hostels, you have a six month phase-in period to obtain a pool safety certificate.

If you are selling or entering into an accommodation agreement for units and townhouses with a shared pool or spa, there is a two year phase-in period to obtain a pool safety certificate.

Source: http://www.dip.qld.gov.au/pool-safety/pool-safety-laws.html– 15 November 2010

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