New Pool Safety Laws Apply From 1 December 2010.
Why do we Need New Pool Fence Laws?
Sadly 35 children under five years of age drowned in residential Queensland swimming pools between 1 January 2004 and 18 May 2010. Supervision is the best way to protect children. However, an effective pool barrier provides added protection in cases where supervision is ineffective. Queensland Injury Surveillance Unit research in 2002 revealed at least 70 people are alive today because of the introduction of pool fencing laws in the early 1990’s.
New Pool Safety Laws apply from 1st December 2010
All existing pools must comply with a single pool safety standard within 5 years, unless you sell or lease your property beforehand.
How The New Rules Affect You
A Private Property Owner may not be able to settle the sale of a property without a Pool Safety Certificate without risking fines or penalties.
For Landlords, you will not be able to rent your property to a tenant (new or existing) without a Pool Safety Certificate from 8th July 2011, without risking fines or penalties.
For Sellers, a Pool Safety Certificate is required at the time of Settlement. The Buyer can accept the responsibility for getting the Certificate, and extend the time period to 90 days past settlement, but you need to complete disclosure documentation, in the prescribed form, to provide to the Buyer and the Pool Safety Commissioner.
For Short Term Accommodation Providers including hotels, motels, resorts and caravan parks, you will not be able to book in an overnight guest after May 2011 without a Pool Safety Certificate. Short Term Accommodation Providers are entitled to an extended two year Pool Safety Certificate if they have the pool(s) inspected within the first three months of the legislation taking effect on 1st December 2010.
For Body Corporates, after 30 November 2012 a Pool Safety Certificate is required if a lot owner sells a unit or rents a unit to a tenant (new or existing).
Pool Safety Certificates will remain valid for one year if you own a shared pool and will remain valid for two years for non-shared pools.
For more information visit www.hpw.qld.gov.au/construction/BuildingPlumbing/PoolSafety/Pages/default.aspx