FAQ - Frequently Asked Questions

Swimming Pool

When do the new Queensland Pool Safety Laws commence?

The laws came into being from 1 December 2010. There will be a phase in period of up to 5 years depending on your circumstances. Queensland Pool Safety legislation

What is the Queensland Pool safety Register?

The Pool safety register includes a record of pools in Queensland, copies of pool safety certificates issued and a list of all licensed pool safety inspectors. Local governments are migrating records into the register now.

Do I have to register my pool on the Pool Safety Register?

All pool owners are obliged to register their pools by 4 November 2011. Your pool may already be registered from local government records.

Where can I find the Pool Safety Register?

The Pool safety register. Pool owners should check the register to ensure their pool has been registered or complete registration as required. If your pool is not registered by this date you have until 4 November 2011 to register your pool. Penalties of up $2000 may apply after this date.

Do I need to have my pool inspected?

The vast majority of swimming pools in Queensland will be required to comply with the legislation by December 1 of 2015 unless you sell, lease or rent your property before that time.

If I sell, lease or rent my property when do I have to comply?

Pool safety information for buyers, sellers, lessors and real estate agents

HOUSES FOR SALE - If the pool does not have a current compliance certificate the duty of compliance can be met by either the buyer or the seller depending on what is agreed upon at time of sale, but compliance must be completed within 90 days of the date of settlement.

RENTAL PROPERTIES - Individual rental properties (e.g. house) must be certified when leased or re-leased after 8 July 2011. Does not include shared pool dwellings.

SHORT TERM ACCOMODATION - Short term accommodation providers such as Hotels, Motels, Caravan Parks, Holiday Apartments etc must be certified before 1 June 2011.

BODY CORPORATES - Must be certified before 30 November 2012.

If I sell, rent or lease out a house or unit with a pool, am I required to get a new safety certificate each time?

No. your Pool safety Certificate is valid for 1 year for shared pools and 2 years for all residential Non shared pools.

If I am buying a property after 1st December 2010 is the seller required to provide me with a Pool Safety Certificate?.

No - The seller can complete a Form 36 - Notice of no pool safety certificate and provide this form to the buyers. The buyers will then be responsible for obtaining a pool safety certificate within 90 days of the contract settlement date. If the seller does not provide the buyers with a Form 36, they must provide the buyers with a copy of a current Pool Safety Certificate.

How often do I need to renew my pool safety certificate?

Pool safety certificates are only required when selling, buying, leasing or entering into another type of accommodation agreement for a property with a pool. Certificates are valid for 1 year for shared pools and 2 years for non-shared pools, regardless of how many times the property is re-sold or re-leased during this period. Once a certificate expires, a new certificate is not required unless the property is sold or leased again. Refer to Guideline for pool owners and property agents

How long does it take to get my Pool Safety Certificate after the inspection?

A licensed Pool safety Inspector must provide you with a Pool Safety Certificate - Form 23 within 2 business days of the inspection if your pool was compliant.

What happens if the result of my pool safety inspection is a non-compliance?

The Pool safety Inspector must provide you with a Non Conformity Notice - Form 26 within 2 business days of the pool safety inspection identifying the areas resulting in a Non Compliance and recommend actions to be taken to achieve compliance. A period of 90 days is allowed to carry out modifications and repairs and to contact the original pool safety inspector to arrange a re-inspection.

Can I engage a different pool safety inspector for the re-inspection if my pool does not pass the initial pool safety inspection?

Provisions have been included in the Building Act 1975 to restrict pool owners from shopping around for another pool safety inspector just because they disagree with the first pool safety inspector's decision. Following the issue of a nonconformity notice, it is an offence under the Building Act 1975 for the pool owner to ask a different pool safety inspector to inspect the pool for a period of three months. However, a pool owner may apply to the Pool Safety Council to approve another person to inspect the pool and issue a pool safety certificate. The Pool Safety Council would assess the particular circumstances and, if approved, issue a notice agreeing to this request. The nonconformity notice includes this information for pool owners. For example, if the licence of the first pool safety inspector was suspended or cancelled before giving a pool safety certificate, the Pool Safety Council could agree to the pool owner engaging another pool safety inspector.

Part of my pool safety barrier is my boundary fence; in the event of a non-compliance can I ask my neighbour to pay for half of the cost?

This is a personal matter between both parties, ultimately it is your responsibility to ensure your pool fence is of a standard required to meet compliance.

If my pool safety barrier requires repairs - Can I do the repairs?

Yes. The legislation states that you as the owner can make minor repair or adjustments to the barrier. Refer to Guideline for pool owners and property agents

What happens if I do not rectify the pool within the 3 month period?

The pool safety inspector must notify the local government within 5 days after the expiration of the 3 month period that the pool fence is non-compliant and give the local government a copy of the non-compliance notice.

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