What’s new for residential swimming pools with building approval applications made on and after 1 December 2009

Stage one is proposed 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. See Guidelines for the interpretation of swimming pool fencing requirements.