POOL FENCE SAFETY INSPECTIONS

If a pool is only accessible to residents of one dwelling, such as a private house or private spa on a unit balcony, it is a non-shared pool. Before entering into a new or renewed lease for a property with a non-shared pool, the owner must insure a pool safety certificate is in effect for the pool.

If a pool safety certificate is in effect when selling a house, the seller must give the buyer a copy of the certificate before settlement. If a pool safety certificate is not in effect before settlement, the owner must give the purchaser a Form 36 with the settlement date on the form. A copy of the form must also be sent to the (QBCC) Queensland Building and Construction Commission. The purchase has 90 days from settlement to obtain a pool safety certificate. A Pool Safety Certificate is renewed every two years.

Form 23-Pool Safety Certificate is issued once Pool Fence Inspector is satisfied that the Pool Fence complies to all standards and regulations. The Certificate must be issued within two working days. Form 26-Pool Safety Nonconformity Notice is issued if a pool fence inspector, inspects a pool and is not satisfied that it complies, they must issue a pool safety nonconformity notice-Form 26. Form 26 advises pool owners how their pool does not comply and what work needs to be done to comply.

Once a pool fence inspector has given a pool safety nonconformity notice-Form 26, the pool owner has three months to undertake the repairs and arrange a reinspection of the pool. The pool fence inspector is not required to give the owner of the pool a nonconformity notice if the inspector is asked by the owner to reinspect the pool within two working days.

If residents of two or more dwellings can use a pool, such as a body corporate pool, it is a shared pool. For shared pools a owner must give the person who will be the tenant a copy of a pool safety certificate if one is in effect. If there is no certificate in effect, the owner must give a notice of no pool safety certificate – Form 36 to the person who will be the tenant, to the body corporate and to the (QBCC) Queensland Building and Construction Commission before entering into the lease.  A Pool Safety Certificate is renewed every year.