Bortarae Building Inspections is now offering Pool Safety Inspection and Certificate services as well as Pool Safety Consultation services with Rachel Macfarlane, our fully qualified Pool Safety Inspector. Head over to our price guide to check out the inspection services available and book a time now.
Coming soon in 2019 we will also be able to offer Pre-Purchase Building and Pest Inspections!
Swimming pools should be fun. However, drowning is one of the leading causes of death in Queensland for children under the age of five years old. Supervising young children, teaching them to swim and having effective pool fencing can save lives. This is why pool safety laws were introduced.
Pool safety compliance
Compliant pool barriers help save lives by preventing young children from accessing swimming pools.
All pools, including spas and some portable pools, must comply with the pool safety standard.
The standard applies to homes with new or existing pools and spas as well as short and long-term accommodation premises. This includes new and existing pools and spas in houses, unit complexes, hotels, motels, bed and breakfast, backpacker accommodation, caravan parks, and mobile van parks.
What classes as a swimming pool?
A swimming pool is defined as an above or belowground structure principally used for swimming or bathing, including some models of portable pools and spas.
If your portable pool or spa can hold more than 300 millimeters of water then pool safety standards apply to you. The pool laws don't apply to fishponds, however, if you have a swimming pool that is now being used for another purpose e.g. as a fishpond, it is still considered a pool and must have a compliant barrier.
Should my pool be registered?
All pools and spas in Queensland must be registered with the QBCC. List your pool and/or spa on the pool safety register.
Does your pool comply?
The pool safety standard covers such things as the height and strength of barriers, mandatory non-climbable zones, gates, and their latching mechanisms and preventing direct access from a building into a pool or spa area.
To assist in finding out if your pool or spa meets the current pool safety standard, use the QBCC interactive pool compliance checklist as it covers some of the main issues we find during inspections. We aim to provide you with as much information as possible to help your pool or spa be compliant at your first inspection.
Fences
The minimum height from finished ground level to the top of the barrier is 1200mm.
The maximum allowable gap from finished ground level to the bottom of any barrier is 100mm.
There must be one gap of at least 900mm between any horizontal rails on the outside, and the gaps in the vertical members must not exceed 100mm.
If there is no gap between horizontal rails of at least 900mm, then the horizontal rails must be on the inside and the gaps in the vertical rails must not exceed 10mm.
For fences less than 1800mm high, climbable objects must be at least 900mm away from the pool barrier on the outside and, where the verticals are more than 10mm apart, 300mm on the inside.
For fences at least 1800mm high, the 900mm non-climbable zone may be on the inside of the fence and must be measured from the top of the inside. This could be useful for a boundary fence, for example, where it is difficult to make the non-climbable zone outside the fence. Make sure that there is nothing underneath this zone that a child could jump on to, which would reduce the effective height of the fence from the minimum 1800mm
Gates
Pool gates must not open inwards to the pool area and must be self-closing and self-latching from all positions.
Latches on the gate must be at least 1500mm high from the ground level and 1400mm from the top part of the lower horizontal railings. If not, the latch must be located inside so that it is necessary to reach over or through the fencing at a height of not less than 1200mm above ground level or at least 1000mm above the top part of the lower horizontal railings. It must also be 150mm below the top of the gate or the edge of any hand hole opening and, if necessary, covered with a 450mm radius shield with no openings greater than 10mm
Pool gate hinges thicker than 10mm must be at least 900mm apart or the lower hinge must have a non-climbable (sixty degrees) safety cap fixed to prevent climbing.
Door and windows
There can be no direct access through a door from the house or another building to the pool area.
Generally, any windows opening onto the pool area must not open more than 100mm or must have a security screen fitted.
Signage
A compliant CPR sign must be displayed, either attached to the pool fence or displayed near the pool so that the sign is easily visible to anyone in the pool area. Sometimes this means multiple CPR signs for your pool area.
What happens if my pool doesn't comply?
You may get a fine from your local government. It is every pool owners responsibility to ensure their pool is compliant at all times by carrying out or engaging a licensed contractor to carry out, routine maintenance as required.
How to make your pool compliant and avoid a fine
You can:
get Rachel, our pool safety inspector, to come out for a consultation about what to do to make your pool comply; or
get Rachel to do a formal inspection with a view to getting a certificate - Form 23 - (for peace of mind).
If you choose to get a formal inspection and your pool doesn't comply, you will receive a non-conformity notice - Form 26. If you don't request a re-inspection within three months, the pool safety inspector has to give a copy of the notice to your local government.
Can I sell my property if my pool doesn't have a pools safety certificate?
Yes, you are still able to sell your property, however, a consultation with Rachel may be helpful to be sure of any issues that may come up to deter a buyer. Alternatively, for peace of mind a pool safety inspection can be completed and a certificate - Form 23 - obtained.
Seller's responsibility if the house is being sold without a pool safety certificate
Complete the Form 36 - Notice of no pool safety certificate and provide a copy to the buyer and QBCC. If you own a property with a shared pool, you will also need to provide a copy of the form to the owner of the pool (usually a body corporate).
Buyer's responsibility if the house is being sold without a pool safety certificate
Obtain a certificate- -Form 23 - within 90 days after settlement. Contact Rachel to arrange the inspection.
Leasing a property with a non-shared pool
You must hold a valid certificate - Form 23 - throughout the lease before you lease or extend a current lease on your property.
Expiry date for certificates
Pool safety certificates for non-shared pools are valid for 2 years from date of issue. A non-shared pool is only accessible to the residents of one dwelling and is typically associated with houses and units or townhouses with private spas or pools.
Pool safety certificates for shared pools are valid for 1 year from date of issue. A shared pool is accessible to residents of two or more dwellings. They are typically associated with apartment and unit complexes, hotels, motels, bed and breakfast, backpacker hostels and caravan parks.
So, let's get started to ensure your pool is compliant
Book your pool safety inspection or consultation today with Rachel Macfarlane. Rachel is our fully qualified Pool Safety Inspector and cares about child safety and compliance for pool barriers in the Redlands and surrounding areas.