Swimming Pool Fencing

(For clients who are currently in the in process of a property purchase, all information below is completely subject to our disclaimer provided to you DIOMR)

On 1 December 2010, the Qld Gov. introduced new legislation concerning all swimming pools and the necessary barriers required to ensure the safety of young children up to 5 years of age.  Existing pool owners had to register their pool with the state government registrar and were given 5 years to make their pool fencing compliant with modern regulations.

The owner of a swimming pool on land being sold now either can provide a purchaser with a Pool Safety Certificate (Form 23) issued by a licensed Pool Safety Inspector certifying that the pool fencing (including gates, windows, doors and building lines adjacent to a swimming pool) is compliant with current legislation or a Form 36 which passes the responsibility onto the purchaser to have any rectifications carried out and to obtain a Pool Safety Certificate from a licensed pool safety inspector within 90 days of the date of settlement.  

As specified in Form 36, the purchaser may incur costs to make the pool fencing compliant and the Pool Safety Inspector having inspected the pool fencing at the request of the new owner will detail all rectifications deemed necessary before a Pool Safety Certificate can be issued.  Once the certificate is issued, it remains valid for 2 years (due to possible amendments, client to check re current time frames and requirements with a Pool Safety Inspector) and the pool owner must have the pool fencing re-inspected before the expiry date for the issue of a new Pool Safety Certificate.  www.dip.qld.gov.poolsafety/guidelines

On 30 November, 2015 the 5 year grace period provided by the Queensland government, to all property owners that had swimming pools to make them compliant with the modern legislation, expired and now households that do not meet compliance with the modern legislation can be fined quite significantly and the government has the power to conduct spot checks.

QC’s Building Services are not a licensed Pool Safety Inspectors and any comments and information made within the area titled “Swimming Pool Fencing” are provided only on his industry experiences and are designed to be helpful.  They are however not to be relied on whatsoever by any reader of this information and you must immediately seek your own suitably qualified and appropriately licensed advice from a professional within the industry in order to receive advice you can act and rely on.  

 We also make no expression whether or not any pool we may have inspected complies with mandatory requirements, nor as to the extent of any rectifications, including costs, which may be necessary.  Only the right advice from the right contractor can do this and we recommend you obtain this immediately.

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