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Pool Safety Inspections

 

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Backyard Pool

Swimming pools should be fun but also safe, particularly for small children, and this is why new pool safety laws have been introduced in Queensland. 

At Building Inspection Services Queensland our experienced Building Inspectors are also qualified, licensed and fully insured Pool Safety Inspectors. 

All swimming pools need to be registered by 4 May 2011.

The new pool safety laws affect owners of existing and new regulated pools and at "Building Inspection Services Queensland" we offer a full range of pool safety inspections for Brisbane, Ipswich and Gold Coast Areas. Why not request a quote or call one of our friendly staff to find out more information on Pool Safety.

A pool safety inspection assesses the pool fence or barrier, gates and many other aspects to ensure the pool complies with pool safety rules. A fully compliant pool or spa may be issued a Pool Safety Certificate by a licensed Pool Safety Inspector. For those customers who want to know more about pool safety rules and Pool Safety Inspections, please refer to the relevant sections below.

 

Existing Pools

Pool owners have until 30 November 2015 to comply with the new pool safety laws, or earlier of they sell or lease their property before this time.  Both new and existing pools must be upgraded to comply with the standards by 30 November 2015, or earlier if the property is sold or leased first.

The pool safety laws apply to pools associated with houses, townhouses, units, hotels, motels, backpacker hostels, home stay accommodation and caravan parks (classes 1, 2, 3 and 4 buildings).

 

Selling or Leasing my Property during the 5 year phase-in period (by 30/11/2015).

If selling or buying a property with a non-shared pool, such as a house, townhouse or unit with its own pool or spa, a Pool Safety Certificate must be obtained from a licensed pool safety inspector.

If leasing, the owner must provide the pool safety certificate before entering into the lease.  See below “Leasing a Property”.

If selling, and a pool safety certificate is in effect, the seller must give the buyer a copy of the Pool Safety Certificate before settlement, alternatively the seller must issue the buyer with a Notice of no pool safety certificate – Form 36 before entering into a contract of sale and before settlement.  This form advises the buyer or pool owner that they have 90 days to obtain a Pool Safety Certificate from the date of settlement.  The buyer or pool owner is then liable for any cost associated with achieving compliance, unless otherwise negotiated as part the contract.

If a Pool Safety Certificate is not in effect, before settlement, the seller must give the purchaser a Form 36 with the settlement date on the form.  A copy of the form must also be sent to the Department of Infrastructure and Planning.  For shared pools, a copy must also be given to the Body-corporate.

These requirements also apply when a property is being sold at auction, where the owner or agent or auctioneer must ensure that a copy of Form 36 is given to the prospective purchaser/s before entering into a contract of sale.

After settlement, for non-shared pools, if a Pool Safety Certificate is not in effect before settlement, the purchaser has 90 days from settlement date to obtain a Pool Safety Certificate.

After settlement, for shared pools, if a Pool Safety Certificate is not in effect before settlement, the pool owner, usually the Body-corporate has 90 days from settlement date to obtain a Pool Safety Certificate.  However, for settlements occurring on or before 1 September 2012, a phase in period applies, where the Pool Owner has until 30 November 2012 to obtain a Pool Safety Certificate for the pool.

 

Spas and Portable Pools

Spas and portable pools that are capable of being filled with 300 millimetres or more of water, have a volume of 2000 litres or more and have a filtration system, are covered by the pool safety laws and require a Pool Safety Inspection by a Licensed Pool Safety Inspector.  Bathroom spas that are used for baths are not included.  Bathroom spas with filtration systems and fall within the above category are included.

 

Leasing a Property - with a Non-Shared Pool

Different rules apply depending on whether the pool is a shared or non-shared pool.

If a pool is only accessible to residents of one dwelling such as a private house, or private spa on a unit balcony unit balcony, it is a non-shared pool.

Before entering into a new or renewal lease for a property with a non-shared pool, the owner must ensure a Pool Safety Certificate is in effect for the pool.  The owner does not need to provide a copy of the pool safety certificate to the prospective tenant.

Currently, a pool safety laws do not require a pool safety certificate where a lease agreement is not signed or extended, it automatically becomes a periodic agreement, however this scenario changes it the original terms and conditions change at any point (e.g. change in rent), when a Pool Safety Certificate will need to be obtained before entering into the new or renewed lease.

A Pool Safety Certificate is valid for 2 years regardless of how many times the property is re-leased during this period.

 

Leasing a Property - with a Shared Pool

Different rules apply depending on whether the pool is a shared or non-shared pool.

If residence of two or more dwellings can use a pool, such as a Body-corporate pool, it is a shared pool, and the owner must give the person who will be the tenant a copy of a Pool Safety Certificate if one is in effect.  It there is no Pool Safety Certificate in effect, the owner must give a notice of no Pool Safety Certificate – Form 36 to the person who will be the tenant, to the Body-corporate and to the Department of Infrastructure and Planning before entering into the lease.  Form 36 advises that the pool may not comply and the steps that must be taken to comply.  The Body-corporate has 90 days to obtain a Pool Safety Certificate for the pool from a Licensed Pool Safety Inspector.

However, for leases entered into on or before 1 September 2012, a phase in period applies where the Body-corporate has until 30 November 2012 to obtain a Pool Safety Certificate for the pool from a licensed Pool Safety Inspector.  If a new or renewal lease is entered into on or after 2 September 2012, the 90 day requirement to obtain a pool safety certificate applies.

Pool Safety Certificates for shared pools must be displayed in a conspicuous location near the main entrance of the premises or at a gate or door accessing the pool.  Unit owners need to provide either a copy of the Pool Safety Certificate or a Notice –Form 36 to the prospective tenant.   

Currently, a Pool Safety Laws do not require a Pool Safety Certificate where a lease agreement is not signed or extended, it automatically becomes a periodic agreement, however this scenario changes it the original terms and conditions change at any point (e.g. change in rent), when a Pool Safety Certificate will need to be obtained before entering into the new or renewed lease.

A Pool Safety Certificate is valid for 1 year regardless of how many times the property is re-leased during this period.

  

Pool Safety Inspections and Inspectors

Pool Safety Inspectors must be licensed to perform pool safety inspections.  The licensing body responsible for issuing licensed is the Pool Safety Council of Queensland.

If a Pool Safety Inspector inspects a pool and is not reasonably satisfied that the pool safety aspect of the pool complies with the Pool Safety Laws, the Pool Safety Inspector must issue a Pool Safety non-conformity notice – Form 26.  Form 26 advises the pool owner how their pool does not comply and what needs to be done to comply. 

Some Pool Safety Inspectors are also licensed to carry out certain minor repairs, consult the pool safety register to determine license conditions at http://www.dip.qld.gov.au/poolsafetyregister.  Pool owners can also carry out some minor repair and maintenance work.

The Building Regulation 2006 sets out the repairs and maintenance work pool owners can carry out themselves, and minor repairs that appropriately Licensed Pool Safety inspectors can carry out.

Once a Pool Safety Inspector has given a Pool Safety Non-conformity Notice – Form 26 the pool owner has three months to undertake the repairs and arrange a reinspection of the pools safety.  The law does not allow the pool owner to ask a different Pool Safety Inspector to reinspect the pool within this period.  However, the owner can apply to the Pool Safety Council to approve the use of another Pool Safety Inspector in some circumstances, for example the original inspector was ill and unable to perform the inspection.

When pool owners fail to request a re-inspection within the prescribed 3 month period, the inspector must notify the Local Government.  The Local Government can then take the necessary enforcement action to ensure the pool complies with the relevant standards.  The Local Government could also impose non-compliant penalties.  Pool owners can appeal against a Form 26 if they disagree with it.

      

Tips to make your pool safer

Here are some tips to help make your pool security safer:

Note:  If the work involves more than 2.4 metres replacement of a barrier or more than two posts, a pool safety certificate is required from a Pool Safety Inspector or a building approval is required.

  • Pool Safety Barriers or pool fences must be at least 1200mm above ground or surface level, must be firm, stable, and securely held together.  Gaps in pool fences, or below, must not exceed 100mm.
  • Fix or remove any climbable objects which can give a child access to a pool area.  These objects may include taps or light fittings on nearby walls, branches or nearby trees or shrubs, rocks, boulders, retainers, up-stands, or other climbable objects. 

Climbable objects may need to be sheeted with polycarbonate sheeting, vertical palings or other similar non-climbable material.  Trim back any branches within 900mm of the pool barrier that are below the top of the barrier.

  • Pool gates should be swinging outward away from the pool enclosure / pool fence, must be self closing and latching, and must not be obstructed.
  • Ensure that windows opening directly into a pool area are restricted permanently to open no more than 100mm or have fixed security screens installed.
  • Remove all climbable objects in the vicinity of the pool fence safety barrier at least 900mm away from the barrier, and any easily relocatable climbable items should be secured to prevent then from being moved and used to climb a pool safety barrier.
  • Never prop open or tie back the pool gate or otherwise obstruct it form automatically closing.
  • First aid resuscitation (CPR) sign/s must be present and attached to the barrier of the pool, or displayed near the pool so that the sign is conspicuous and easily visible to anyone near the pool and is at least 300mm x 300mm in size; and is made of durable and weatherproof material.  Approved signs are available from the Queensland Ambulance Service.

    

What is a Regulated Pool?

The Queensland Building Code 1975 describes a regulated pool, as;

  1. A swimming pool situated on regulated land; and
  2. Includes the barriers for the pool.

The barrier for a pool includes any of the following –

  1. The fencing for the pool;
  2. The walls of a building enclosing the pool; and
  3. Another form of barrier mentioned or provided for the pool safety standard.

 

What is Regulated Land?

Regulated land is land on which any of the following is constructed or is to be constructed –

  1. A class 1, 2, 3 or 4 building;
  2. A movable dwelling park under the Residential Tenancies and rooming Accommodation Act 2008; and
  3. A residential park under the Manufactured Homes (Residential Parks) Act 2003.

The term includes land adjacent to the land and –

  1. In the same ownership as the land; or
  2. Used in association with the land.