Pool Safety Certificates Gold Coast Brisbane

Pool Safety Certificates Gold Coast Brisbane

Pool Laws regarding Pool Safety Certificates Gold Coast Brisbane

These laws have been made to protect children from pool drownings and in order to qualify for a Pool Safety Certicate for Gold Coast and Brisbane, pool fences are required to comply to these laws.
Fences are mandatory for all pools, spas and portable pools deeper than 300mm (even if the spa has a lockable lid).

Exemptions from obtaining a Pool Safety Certificate Gold Coast Brisbane

Fencing exemptions & variations other than valid disability exemptions previously granted will have no force from 20th November 2015 or earlier if property is sold or rented. Previous disability exemptions still stand and new exemptions are available.

Information for obtaing a Pool Safety Certificate on shared pools

Selling houses – non shared pool
Seller must provide buyer with a Pool Safety Certificate for Gold Coast and Brisbane before settlement or provide Form 36 before entering contract Form 36 must also be sent to the Pool Safety Council and it is added to the property information on the Pool Safety Register.
Buying Houses – non shared pool
If the seller did not provide you with pool safety certificate, a Form 36 would be in place and you should have received a copy. The new owner has 90 days to obtain pool safety certificate from date of settlement with no extensions available. We suggest you arrange a pool safety inspection asap, so that when the contract settles to make sure you have time for any repairs or modifications if they are required. The Pool Safety Council can fine new owners who don't comply by 90 days. They have a record of settlement date as form 36 must also be sent to them.
Rental properties – non shared pool
A pool safety certificate must be obtained before entering a lease. The Pool Safety Certificate (non shared pool) is valid for 2 years even if a new lease is signed or property is sold. Although property managers doing routine property checks of the house or before new tenants move in should check pool gates work & fence is in good order.

Non shared pools – not selling, buying or renting
You need to get your pool or spa certified between now and 2015. Once you've had it certified you do not need to re certify every two years unless you are selling buying or renting, but you must maintain your fence in good and correct working order.
Be aware right now your swimming pool must currently comply with the laws that were in place when the pool was built or you could face fines from GCCC. If a complaint is made, even though pool owners who do not sell, buy or rent have to 2015 to be compliant with new laws, they must always be compliant with individual pool's build date laws.
lf there were a drowning or immersion incident in your pool, you could be at risk legally and financially if your pool does not meet the laws from when it was built. Household insurance may not pay damages if your pool is not compliant.

Information for shared pools

Unit complex – Body corporate – long term accommodation – shared pool
Leasing or selling – a phrase in applies which means you have until 30 November 2012 to obtain pool certificate, but must give new tenants copy of Pool safety Certificate or notice of no pool safety certificate – Form 36 before entering lease.
Check small print – Form 36. Pool owner must ensure the pool complies with the previous pool safety laws applicable until a pool safety certificate is obtained by the required date.

Short term accommodation – hotels – holiday accommodation – shared pool
If there is a sale or lease eg hotel stay – the pool must have been certified by 1 June 2011.
Shared Pool Safety Certificates are valid for one year.
Learn more
Form 23 pool safety certificate
Form 26 pool safety non-conformity notice
Form 8 pool safety standard exemption
Form 36 pool safety certificate notice
Form 39 notice of proposed fencing work for a pool barter (dividing fence)
Form 40 notice to contribute for urgent fencing work for a pool barrier (dividing fence)
Form 41 agreement to contribute for fencing work for a pool barrier (dividing fence)
Local councils do not issue pool safety certificates. Council inspectors issue infringement notices if the 90 day limit for non conformity notice expires without a pool safety certificate in place and also if complaints are made to them re unsafe pools.
 

Dividing fences which serve as pool fences. (New law 1 November 2011)
The changes allow pool owners in prescribed circumstances to construct or alter a pool fence without first obtaining the agreement of their neighbour. However pool owners are encouraged to consult with adjoining owners and give notices about proposed work at least 14 days prior to undertaking any work. The notice (Form 39) must include information on type of fence and materials to be used.
The changes provide that where there is no pool on the adjoining land a pool owner can construct a pool barrier on the common boundary without having to first obtain agreement from their neighbour.
Where there is a pool on adjoining land, the pool owner proposing fencing work is required to obtain consent from the neighbour prior to undertaking a new fence or repairs to existing fence. This is to ensure new fence complies for both pools.
Where there is an existing fence the pool barrier must be consistent with the existing fence, re materials and colour, unless this would prevent the fence from complying with the pool safety standard.
lf the owner proposes to significantly vary the character of an existing fence, they must obtain either consent from their neighbour or an order from the Queensland Civil & Admin Tribunal (QCAT) allowing them to build a different type of fence.
Who pays?
Where the fencing work is required for a pool fence to be compliant with the pool safety laws, the full cost is borne by that pool owner.
lf there is a pool on both sides of the dividing fence and both pool owners need the change to make the barrier compliant, the cost is shared equally. However if one pool owner requires fencing work and the other does not the costs are born solely by the pool owner requiring the changes. Details about the costs should be provided to the neighbour on Form 39.
Branches of a neighbour's tree overhanging the pool fence – option may be available under the NRDA. For more information visit the department of justice and attorney-general website.
Special purpose-built fence (eg. for regulated dog) used as a pool barrier.
The owner must respect neighbour's existing fence construction and comply with requirements for a special purpose.

Form 39 – notice of proposed fencing work for a pool barrier
Form 40 – notice to contribute for urgent fencing work for a pool barrier
Form 41 – agreement to contribute for fencing work for a pool barrier

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Fence complies with sign Safety sign

See if your pool complies and can be issued with a Pool Safety Certificate for Gold Coast and Brisbane.

Walker Pool Safety Inspections – Gold Coast Brisbane
Carrington Road, Mudgeeraba QLD 4213
0420 983 295