“Do I Need to Fence my Portable Pool?”
With summer now upon us its a great time to enjoy a swim in you own back yard.
If you have, or plan on buying a portable swimming or wading pool you need to be aware of your responsibilities regarding the safety of young children and the Qld Pool Safety Regulations.
Below is a brief list of some of the requirements:
What is Classed as a Swimming Pool?
The Building Act 1975 defines a swimming pool as an excavation or structure: Swimming Pools including portable pools and spas. Your portable pool or spa must comply with pool safety laws if it: *Can hold more than 300mm of water. *Has a volume of more than 2,000L. *Has a filtration system. Queensland’s Pool Safety laws don’t apply to portable pools and spas that meet all of the below criteria: *You can’t fill it with more than 300mm of water. *It has a maximum volume of 2,000L. *It has no filtration system. Qld Pool Safety laws also don’t apply to a: *Fish pond. *Ornamental pond, manufactured to be used for ornamental purposes. *Dam used for storage of water. *Watercourse. *Spa bath situated in a bathroom which is not continually filled with water. )
If your pool meets the above critier the following will apply to you:
– You will be required to register your pool on the Qld Pool Register – A compliant pool fence and gate will need to be installed prior to adding any water. – The pool bariers and gates will require a certificate of compliance.
See our checklist below to give you a brief guide to the barrier and gate requirements.
– The gate should open outwards and away from the pool area.
– The bottom of the gate release handle should be at least 1500mm above the ground level and 1400mm above the highest lower climbable object.
– Gate must be self closing and latching and close securely first time without bouncing on the latch.
– Gate should open and close freely without getting caught in the open position.
– Barriers should be a minimum 1200mm high when measured from the outside and be built in accordance with the pool safety standards.
– Barriers should not have any vertical or horizontal gaps exceeding 100mm including below the barrier to solid stable ground.
– There should be no climbale objects within 900mm of the outside of the barriers and gates and nothing climbable within 300mm inside the barriers when the uprights have gaps exceeding 10mm.
– Ensure you have a compliant CPR sign in good condition and to be clearly visible from anywhere in the pool area.
Doors and windows
– There can be no direct access through a door from the house or another building, to the pool area.
– Generally, any windows opening onto the pool area must not open more than 100mm or must have a security screen fitted.
Penalties for non-compliance
Local governments have the power to investigate compliance with pool safety standards and can issue fines. If you don’t comply with pool safety standards, local governments can issue on-the-spot fines of $934 for individuals and $2669 for companies. The maximum penalty a court can impose is $22,019. If you fail to register your pool, QBCC can issue penalties which includes an on-the-spot fine of $266 for individuals or $800 for companies. The court can impose a maximum penalty of up to $2669.
Disclaimer: the above is not a comprehensive list of the requirements of AS 1926 1 & 2 and QDC MP 3.4 but a simple attempt to educate pool owners on some of their legal obligations regarding the pool safety requirements in Qld.