Under the 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 with building approval applications lodged on or after 1 October 2003 display a cardiopulmonary resuscitation (CPR) sign
• councils 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
• new pools that are constructed on a building, such as on a deck or roof, need to be fenced.

Penalties of up to $12,375 and on-the-spot fines of up to $525 can be imposed on pool owners if their pool fence does not comply with the law.

Responsibilities

Owners of in-ground pools

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 access to the pool.

If a person renting a property buys a portable pool that requires pool fencing around it, the owner of the portable pool must ensure the pool has a fence around it. See Guidelines for the interpretation of swimming pool fencing requirements ( 326 KB).

Pool fence maintenance

Replacing demolished or removed portions of a fence

If a substantial portion of a pool fence is demolished or removed, it must be replaced with a new fence. The new fence must comply with the current pool fencing standards, not the standard that applied at the time the original fence was built.

Severely damaged fences

If a substantial portion of a pool fence is in such a state of disrepair that it cannot be practicably repaired, it must be replaced with a new fence. The new fence must comply with the current pool fencing standards. If only a small part of the existing fence has fallen into a state of disrepair, it may be repaired to the same standard that applies to the existing fence.

Regulations

Different regulations apply to pool fences depending on when the pool was built. Regulations are available for pools built:

Regulation	Type and size
Before 1 February 1991	326 KB
Between 1 February 1991 and 29 April 1998	326 KB
Between 30 April 1998 and 30 September 2003	326 KB
On or after 1 October 2003	326 KB

Your local council may have a record of when your pool was built if you are unsure.

Further information

For further information about pool fencing requirements, contact your local council or a private building certifier. Contact Standards Australia for copies of relevant Australian Standards.