Deadline Looms For New Pool Safety Laws

As most pool owners would be aware, the deadline is fast approaching to comply with new pool safety laws in Queensland.

Residents must meet new State Government safety standards for their pools by November 30 or face on the spot fines up to $800 and even harsher financial penalties.

The new standard was introduced in 2010 giving owners five years to comply, however many are making a last minute rush to have their pool safety standards brought up to scratch. Safety inspectors and fencing contractors on the Sunshine Coast are reportedly being run off their feet trying to meet demand.

Different rules apply depending on whether you are buying, selling or renting a property. If you are selling or renting, the Queensland Government advises that you must have a current pool safety certificate issued by a licensed pool safety inspector.

Regulations stipulate that buyers of properties with a non-shared pool need to obtain a pool safety certificate within 90 days of date of settlement if the seller has not given them a valid pool safety certificate.

Sellers need to notify prospective buyers that there is no pool safety certificate before entering into a contract of sale and before settlement. This is done by serving a Form 36—Notice of no pool safety certificate (Form 36).

The Form 36 is intended to help prospective buyers make a more informed decision about purchasing the property.

Your trusted local real estate agent can help facilitate all appropriate paperwork for pool safety compliance for buying, selling and renting. 

For a comprehensive run down on the new regulations as well as obligations for buyers, sellers, renters and agents, the Queensland Government has an excellent set of resources available online at http://www.hpw.qld.gov.au/construction/BuildingPlumbing/PoolSafety/PoolSafetyLaws/Pages/default.aspx

Here are some of the key changes as reported recently by the ABC

• Replacing 11 different pool safety standards with one pool safety standard for all pools
• Wider application of pool safety laws to include pools associated with hotels, motels, hostels and home stays
• A phase out of child-resistant doors used as pool barriers for existing pools
• A requirement for the latest prescribed CPR sign to be displayed near each pool
• Fencing of all portable pools and spas capable of being filled with 300ml or more of water
• Mandatory inspections by local governments for immersion incidents of children under 5 in swimming pools.