Property & Conveyancing Newsletter
Queensland¿s pool safety laws
Between ’04-’10, 35 children under the age of five had drowned in Queensland pools, prompting new laws to be introduced under the Queensland Building Amendment Act 2010, that requires pools in houses, townhouses, and units to meet the new pool safety standards, with compliance being recognised when a pool safety certificate is issued. The new laws also apply to commercial buildings such as hotels, motels, backpacker accommodation and caravans. Furthermore, the laws will also require spas or portable pools deeper than 300 millimetres to erect safety barriers surrounding the portable spa or pool.
The safety standards
There is now one standard for pool safety in Queensland, replacing the 11 previous safety standards and although there is no current requirement mandating that owners obtain a pool safety certificate, unless the person is selling, renting or leasing their property. However, by 2015 all pools in the State must comply with the safety standards.
In instances where a person is building a new home, mandatory follow-up inspections are required if the final inspection has not been undertaken. After the building of a pool has been approved inspections must be completed within six months for new pools, or two years in instances where the development of a new building, along with a new pool has been approved. However, if the building approval lapses before either the six month or two year period, the inspection must be completed within the period of the building approval.
Compliant temporary fences are permitted for three months while construction of approved buildings is taking place, however, the inspection must be completed before the pool is filled.
The laws in regards to rental or leased properties that have a pool
For non-shared pools – meaning pools that are only accessible to the residents of one house or dwelling – the responsibility lies with the owner who must obtain a pool safety certificate before entering into a rental or leasing agreement.
The laws in regards to residential lots that have shared pools
If residents of two or more houses or dwellings can use a pool, then it is deemed to be a ‘shared pool’ and as a result, the owner must give a copy of the pool safety certificate to the renter before entering into an agreement. If there is no pool safety certificate, then a notice of ‘No Pool Safety Certificate’ must be given to the prospective tenant, the Department of Local Government and Planning and to the body corporate, requiring the owner to obtain a pool safety certificate within 90 days.
For leases entered into before 1 September 2012 there is some leeway, however, the body corporate must obtain a pool safety certificate by 30 November 2012.
