To coincide with the commencement of summer, on 1 December 2010 the Queensland Government will introduce new pool safety laws following the Government’s most recent review of the current standards.
Pool owners will have five years to comply with the new laws unless a regulated pool is incorporated into the sale or lease of a property.
Owners of non-shared pools will be prohibited from leasing their property without a pool safety certificate. If a property with a pool is being sold without a certificate, a prescribed notice disclosing such must be provided to the purchaser. Purchasers of such property must then ensure the pool is compliant with the new laws within 90 days from the settlement date or risk a penalty. Certificates are valid for a period of two years for non-shared pools and one year for shared pools, irrespective of how many times a property is leased and/or sold in a given period.
As part of the new regime:
all swimming pools must be included on the Queensland pool safety register by 4 May 2011;
safety barriers are now mandatory for all spas and portable pools deeper than 300 millimetres;
the pool safety standards are applicable to all houses, units, motels, hotels, backpacker hostels, caravan parks and other forms of accommodation with a pool;
pool safety certificates are required when selling or leasing a property with a regulated pool and must be issued by a licensed pool safety inspector;
follow-up inspections are required if a final inspection has not been undertaken of all new pools;
temporary fencing is permitted for a period of three months during initial pool construction and must be inspected; and
a building certifier must inspect and certify any pool safety barrier prior to the pool being filed to a depth greater than 300 millimetres.
All queries should be directed to Lucas Hewlett on (07) 3852 5055
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