Swimming Pool Fencing Laws
Swimming pool fencing laws should be fun. However,drowning is one of the leading causes of death in Queensland for children under the age of 5 years old.
Supervising young children and teaching them to swim at a young age can save lives. Effective pool fencing also helps keeps young children safe. This is why new pool safety laws have been introduced.
Stage 1 of Queensland's new pool safety laws was introduced on 1 December 2009 and applied to new residential pools. Stage 2, began on 1 December 2010 and mostly affected existing swimming pools.
There is now 1 pool safety standard for Queensland.Swimming pool fencing laws
What the new Swimming pool fencing laws mean for me.
If a building such as a home, unit or hotel room is within the pool fence perimeter, it needs to be fenced from the pool. This includes buildings with living areas such as games rooms.
Toilet facilities and change rooms may be located within the pool area, but these structures must not provide a thoroughfare into the pool enclosure from outside.
When do the new rules come in?
Pool owners had until the 30th November 2015 to comply with the new swimming pool safety laws, or earlier if their property is sold or leased before then.
If you are selling a property with a non-shared pool such as pools for houses or townhouses or units with their own pool or spa, you must have either:
- a pool safety certificate, obtained before settlement of a contract
- 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 for units and townhouses with a shared pool or spa, there is a 2 year phase-in period to obtain a pool safety certificate.
Pool safety forms
A pool safety certificate (form 23) is required in Queensland when selling or leasing a property with a regulated pool.
The owner must complete Form 36 Notice of no pool safety certificate when selling or entering into an accommodation agreement (e.g. lease, hotel stay) for a premises with a regulated pool if a pool safety certificate is not in effect for the pool. This form only needs to be completed once, unless the required information changes after the form is completed. This form cannot be used for an accommodation agreement for a premises with a non-shared pool (e.g. house) CLICK HERE TO LEARN MORE