18-11-09 16:50 Age: 296 days

Pool Safety

BY: JUDY CARTER, GOLD COAST GENERAL MANAGER


New Regulations for Swimming Pools to take effect on 1 December 2009 and apply to new residential swimming pools. It will include:

  • pool fencing to comply with the latest pool fencing standards
  • compliant temporary fences to be permitted for a maximum period of three months during the construction of a pool, after which compliant permanent fencing will be required. Both the temporary
  • and permanent fences will need to be inspected and certified by the building certifier who approved the application
  • if the required final inspection has not been done, building certifiers will be required to undertake a mandatory follow-up inspection within a set time frame after giving a building approval for a swimming pool. The time frames will be six months for new pools or two years in cases where building approval is granted for a swimming pool and a new residential building. If the building approval is due to lapse earlier then six months or two years, the final inspection must be done before it lapses
  • pool owners to display a cardiopulmonary resuscitation (CPR) sign that reflects the current CPR method adopted by the Australian Resuscitation Council.

Some other requirements under existing Queensland pool fencing laws:

  • owners must ensure that a compliant fence is in place and maintained
  • owners must display a warning sign advising that a new pool is under construction
  • owners must ensure pools constructed on or after 1 October 2003 display a cardiopulmonary resuscitation (CPR) sign
  • local governments can only grant exemptions in circumstances where an occupant of the  building has a disability that will not enable them to gain access to the pool area if a complying pool fence was constructed.

Penalties of up to $16,500 and on-the-spot fines of up to $700 can be imposed on pool owners if their pool fence does not comply with the law.

Responsibilities
Owners of outdoor pools on residential land - The pool owner is generally the owner of the land. The owner of the property is responsible for ensuring their pool fence is compliant.

Tenant renting property with a swimming pool - Tenants are responsible for ensuring that the gate is not kept open and that there are no objects that would allow children to access the pool.

If a person renting a property buys a pool that requires pool fencing around it, the owner of the pool must ensure the pool has a fence around it.


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