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Pool Safety

By Dan Sowden

As you may already be aware, the State Government has now introduced the second and final stage of Queensland’s tough new swimming pool safety laws which will be in effect from the 1st of December 2010.

From December 1st pool safety certificates, issued by a licensed pool safety inspector, are required when selling or leasing a property with a pool.

So this is what you need to know:

  • The pool must be compliant and certified prior to a Tenancy Agreement being signed.
  • If a property is sold after December 1st and the seller hasn’t provided a compliance certificate, the new owner of the pool is required to obtain a current pool safety certificate within 9 0 days of settlement.
  • Both new and existing pools must be upgraded to comply with the new safety standards within 5 years unless sold or leased first.
  • For shared pools associated with short-term accommodation, such as hotels, motels, backpackers or hostels, a six month phase-in period applies to obtain a pool safety certificate.
  • For shared pools under a body corporate, a two year phase in period will apply before a safety certificate is required at the point of sale or lease.
  • Pool safety certificates will last for two years for a non-shared pool (e.g. house) and one year for a shared pool (e.g. where the pool is associated with a unit) regardless of how many times it is re-leased or sold in that period.
  • The maximum penalty for non-compliance id $16,500.
  • All swimming pools must be added to a state-based pool register within six months and fencing will need to apply for all portable pools and spa’s deeper than 300millimetres.

We have been liaising with PoolWerx recently who have attended a pool safety inspector’s training course and are awaiting to be licensed by the Pool Safety Council. At this stage they are expecting the Pool Safety Inspections will in cur a fee of approximately $175-2 00.

The main role of pool safety inspectors is to inspect pools to determine whether or not they comply with the pool safety standards. Upon inspection, the inspector must issue a pool safety certificate or nonconformity notice depending on the outcome of the inspection. The nonconformity notice must state how the pool doesn’t comply and what needs to be done to make it comply. The inspector can also, if agreed with the pool owner, carry out specified minor repairs (such a adjusting or replacing a latch or striker and removing climbable objects).

For more information on the new pool safety laws visit

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