Swimming Pool Laws
Any swimming pool (including spa pools, spa baths and portable pools) that is capable of holding a depth of water of 300mm or more, has a volume of greater than 2000 litres or has a filtration system requires a fence compliant with the pool safety standard.
A fence is required even if the pool is only installed temporarily, such as the inflatable paddling pools available at discount stores.
A pool fence requires a building approval.
All existing pools were required to be registered on the Pool Safety Council’s register by 4 November 2011.
Under the current swimming pool safety laws:
- Pool owners of non-shared pools and spas have until 30 November 2015 to comply with the current pool safety standard or earlier if their property is sold or leased before then or where no pool safety barrier exists.
- A pool owner is required to obtain and maintain validity of a pool safety certificate (Form 23) issued by a licensed Pool Safety Inspector when selling, buying or leasing a property with a pool – Pool Safety Certificates are valid for one year for shared pools and two years for non-shared pools); and
- The pool safety standard applies to all pools and spas associated with houses, units, hotels, motels, backpacker hostels, caravan parks and other forms of short term accommodation; and
- The pool standard applies to all indoor pools and spas as well as outdoor pools and spas; and
- If you are selling a property with a non-shared pool or spas on or after 1 December 2010, such as pools for houses or townhouses or units with their own pool or spa, you must have either a Form 23 – Pool Safety Certificate issued before settlement of a contract or a Form 36 – Notice of no pool safety certificate issued before contract advising the buyer that a certificate must be obtained within 90 days of settlement.
Local Government Role and Pool Safety Compliance
Local government has obligations, responsibilities and powers relating to compliance with Queensland's pool safety laws, including:
- Mandatory and Compliance Inspections
- Information and Record Keeping
- Deciding and revoking exemptions
- Powers of Entry
- Cancelling pool safety certificates
- Issuing Enforcement Notices
- Prosecution Powers including on-the-spot fines ranging from $100 to $2000
Applying for a Pool Safety Certificate
If you wish to use Council’s Pool Safety Inspection service, please complete and submit an application for a pool safety certificate (PDF 286.1KB) and pay the current fee (PDF 502.6KB).