When Do The Laws Start

If you are a pool owner and have a pool it is your duty to comply with new safety standards with in 5 years of the legislation, unless sold or leased first.

When a property with a non -shared pool is to be sold before the 5 year phase (in effect from 1st December 2010) or such as pools for houses or townhouses or units with their own pool or spa, a pool safety certificate must be obtained before settlement of a contract or a notice has to be issued before contract. And before settlement the seller has to advise the buyer that a certificate must be obtained within 90 days of the settlement.

In the case of leasing property, a pool safety certificate has to be obtained before entering into the lease.
Or leasing a property with a shared pool associated with short-term accommodation, such as hotels, motels, backpackers or hostels, a six month phase-in period will be available only to obtain a pool safety certificate. Any other types of shared pools (such as common pools in a block of units) have only a two year phase-in period to obtain a pool safety certificate.

Some other specific norms in application:

When the final inspection has not been done properly, mandatory follow-up inspections are required to be undertaken. There are also requirements to undertake mandatory follow-up inspections and building certificates within a set time frame after giving a building approval for a swimming pool. The time frames are six months for new pools or two years in cases where building approval is granted for a swimming pool for a new building. In case a building approval is due to lapse earlier than six months or two years, the final inspection must be done before it lapses.

Any compliant temporary fences are permitted for a maximum period of three months only during the construction of a swimming pool. After this time, compliant permanent fencing is mandatory. It is a binding provision that both the temporary and permanent fences have to be inspected and certified by the building certifier who approved the application.

The building certifier, either a private building certifier or a local government building certifier, who is approving the building and the swimming pool must inspect and certify the pool safety barrier before the pool is recommended to be filled to a depth of 300 millimeters or more.

*Information is collected from the Queensland Government – Department of Infrastructure & Planning.