General
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.
No, only local government can approve an exemption. Exemptions are only available for disability or impracticality reasons.
No, unsafe pools should be reported to local government who are then obliged under the Building Act 1975 to conduct an inspection.
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.
Please visit the pool register page on the QBCC website and enter your address to see if your pool is registered.
If your pool was not found in the above search, click on your address and then click ‘Register Pool’ and follow the instructions.
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.
Occasionally adresses don't show up on the QBCC's database. Enter your lot number instead to find your property.
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).
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
You don’t need a safety certificate but you do need to comply with Queensland pool safety regulations at all times.
Safety certificates are valid for 2 years for private pools and 1 year for a shared pool.
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.
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.
You need to obtain a pool safety certificate within 90 days of settlement.
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.
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
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.
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.
No, it is an offence under the Building Act 1975 for the owner to ask another pool inspector to inspect the pool.
Yes, you are legally allowed to do the repairs yourself.
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
See my Checklist which covers the main areas of compliance.
The minimum height is 1200mm and climbable objects should not be within 900mm of the barrier.
The maximum gap both under and through the barrier is 100mm.
Pool gates must open away from the pool area.
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.
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
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.
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.