Swimming pool and house

FAQ

General

  • What is the fine for a non-compliant swimming pool?

As of 1st July 2020, local councils can issue on the spot fines of between $133 and $934 for pools that do not meet the safety standard. Courts can impose fines up to $22,019.

  • Can you issue an exemption to the pool safety standard?

No, only local government can approve an exemption. Exemptions are only available for disability or impracticality reasons.

  • Can I report an unsafe pool to you?

No, unsafe pools should be reported to local government who are then obliged under the Building Act 1975 to conduct an inspection.

Pool Register

  • What is the pool register?

The Queensland Building and Construction Commission (QBCC) maintain a pool register of swimming pools. All residential pools must be registered or owners may be fined.

  • How do I find out if my pool is registered?

Please visit the pool register page on the QBCC website and enter your address to see if your pool is registered.

  • How do I register my pool?

If your pool was not found in the above search, click on your address and then click ‘Register Pool’ and follow the instructions.

  • Will I be fined if my pool was not registered?

You will not be fined if you register your pool on the QBCC website. You will only be fined if QBCC discover an unregistered pool.

  • Why can't I find my address on the QBCC website?

Occasionally adresses don't show up on the QBCC's database. Enter your lot number instead to find your property.

  • What is the difference between a private and a shared pool?

A private pool is only accessible by the residents of 1 dwelling whereas a shared pool is accessible by 2 or more dwellings (for example, an apartment complex).

  • Do spas and portable pools need to be registered?

If your spa or portable pool can hold more than 300mm of water then it must be registered on the QBCC pool register and comply with the pool safety standard.

Pool Safety Certificates

  • Do I require a pool safety certificate if I am not selling or leasing my house?

You don’t need a safety certificate but you do need to comply with Queensland pool safety regulations at all times.

  • How long are safety certificates valid for?

Safety certificates are valid for 2 years for private pools and 1 year for a shared pool.

  • Is it possible to sell my house without a safety certificate?

Yes, if you complete a Form 36 - Notice Of No Pool Safety Certificate and give it to the purchaser before entering the contract of sale. Generally this is not advisable to achieve the best sale price of your property.

  • Should I buy a property with a Form 36 - Notice Of No Pool Safety Certificate?

Since you will be required, after the purchase, to carry out all changes necessary to make the pool comply with the safety standard, it's a good idea to get us to do a pre-purchase safety consultation to find out what your repair costs are likely to be.

  • What do I need to do if I buy a house with a Form 36 - Notice Of No Pool Safety Certificate?

You need to obtain a pool safety certificate within 90 days of settlement.

  • Do I need to display my safety certificate in my pool area?

This is only a requirement for shared pools. The certificate can be displayed either in the pool area or near the main entrance to the property.

  • Do I need to obtain a safety certificate for a newly built pool?

No, a Final Inspection Certificate (Form 17) or Certificate of Classification issued by the building certifier can be used in place of a pool safety certificate. They are also valid for 2 years for private pools and 1 year for a shared pool.

Inspections

  • If my pool fails the inspection, how long do I have to get it fixed?

You have 3 months to fix the pool and carry out a re-inspection with us. If the pool were to fail again, you would get another 3 months to carry out further repairs.

  • What happens if I don't book a re-inspection within 3 months?

Legally, we must report the pool to local government if you do not ask for a re-inspection within 3 months. Therefore we will remind you before the 3 months is up to ensure this doesn't happen.

  • If my pool fails the inspection, can I try a different pool inspector?

No, it is an offence under the Building Act 1975 for the owner to ask another pool inspector to inspect the pool.

  • If my pool fence requires repairs, can I do it myself?

Yes, you are legally allowed to do the repairs yourself.

  • Can I send you photos of my repairs to avoid a second inspection?

We are not allowed to do this. The law states that we must return for a re-inspection after you have fixed the barrier. Brisbane Pool Certificates have a low re-inspection fee of only $60.

Pool Safety Standard

  • How do I know if my pool complies with the current safety standard?

See my Checklist which covers the main areas of compliance.

  • What is the minimum safety barrier height?

The minimum height is 1200mm and climbable objects should not be within 900mm of the barrier.

  • What is the maximum gap in the safety barrier?

The maximum gap both under and through the barrier is 100mm.

  • Which way should a pool gate open?

Pool gates must open away from the pool area.

  • How high should the pool gate latch be?

Latches on pool gates should be a minimum of 1500mm high, or, if located on the inside of a glass pool gate, it must be at least 150mm below the top of the gate.

  • Do I need to display the latest CPR sign (ANZCOR guideline 8)?

You do not need to replace your existing swimming pool CPR sign until it becomes damaged or difficult to read. When you do replace it, the new CPR sign must be compliant with ANZCOR guideline 8.

Repairs

  • What should I be aware of when constructing a new timber fence?

New timber fences to be used as safety barriers should be built with at least two of the horizontal rails 900mm or more apart. A 1.8m high timber fence has the advantage that the non-climbable zone can be located on the inside of the pool area, which gives you greater control if the fence is a boundary fence.

  • Who pays for repairs to a boundary fence or a new one?

The property owner that requires changes to the existing boundary fence in order to fulfill swimming pool compliance pays for the fence. If both owners require the fencing work to satisfy compliance for a pool on each side of the fence then the cost is shared.

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