Do You Own A Rental Property with A Pool?
What you need to know to comply with Qld. Pool Safety Regulations.
Swimming pools are fun. However, in Queensland drowning is a leading cause of death for children under the age of five years. Teaching kids to swim at a young age and ensuring adult supervision around the pool can save lives. Compliant pool fencing and understanding the pool safety laws also helps keep kids safe.
Pool safety basics – what you need to do
- Register your pool – You can check if your pool is registered on the pool safety register. Enter your address and click ‘Search’. When the ‘no pools are recorded on this property’ message comes up, click on ‘Register Pool’.
- Make sure your pool barrier complies with the law – To help you understand more, see Does your pool comply or to make it make it even easier, use the QBCC online pool compliance checklist.
- Get a pool safety certificate – This is a requirement only when properties are sold or leased. Find out all the facts or go online to find a licensed pool safety inspector if you need to get a certificate. Book your pool safety inspection with Brisbane Pool Certifiers now.
Pools affected by the laws
Queensland pool safety laws apply to all pools and outdoor spas associated with houses, townhouses, units, hotels, motels, backpacker hostels, homestay accommodation and caravan parks (Classes 1–4 buildings).
Different rules apply depending on whether the pool is a shared or non-shared pool. Non-shared pools: 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. Shared pools: If residents of two or more dwellings can use a pool, such as a body corporate pool, it is a shared pool.
Spas that are capable of being filled with 300 millimetres or more of water, have a volume of 2000 litres or more and a filtration system, are covered by the pool safety laws. However, this does not include bathroom spas that are used as baths.
Owners of a rental property with a pool.
Before entering into a new or renewed lease for a property with a non-shared pool, the owner must ensure a pool safety certificate is in effect for the pool.
For shared pools, the 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 the Notice of No Pool Safety Certificate—Form 36 to the person who will be the tenant, to the body corporate and to the Department of Infrastructure and Planning before entering into the lease.
How do I get a pool safety certificate?
To obtain a pool safety certificate, you must engage a licensed pool safety inspector to arrange an inspection. Once the inspector is satisfied that the pool is compliant, a pool safety certificate will be issued for the property.
Does the pool safety certificate need to be displayed?
Pool safety certificates for shared pools must be conspicuously displayed near the main entrance to the premises
or at a gate or door accessing the pool. Owners of non-shared pools do not need to display their pool safety certificates.
Is a new pool safety certificate required before each new lease?
Pool safety certificates are valid for one year for shared pools and two years for non-shared pools regardless of how many times the property is re-leased during this period.
Property managers responsibility.
If a real estate agent collects commissions in connection with a new lease where no pool safety certificate has been obtained for a non-shared pool, they may face disciplinary proceedings under the Property Agents and Motor Dealers Act 2000.
Occupiers of a property, including tenants, must ensure that gates giving access to a pool are kept securely closed at all times. Occupiers and tenants should also ensure there are no climbable objects, such as pot plants or loose outdoor furniture, that would allow children to access the pool. Tenants who install their own pool, such as a portable pool or spa, must ensure the pool complies with the pool safety standard and obtain all required building approvals. Permission from the property owner may also be required.
What are the penalties for noncompliance?
Penalties of up to $16 500 for individuals and $82 500 for corporations apply for noncompliance with the pool safety laws. On-the-spot fines of $1600 for individuals and $4800 for corporations can also apply. Enforcement action is taken by Local Governments and, in some cases, by the Department of Infrastructure and Planning.
Pool Safety Inspections only $149.00 including GST for the average size pool area.
Brisbane Pool Certifiers try to keep costs down because that means we can pass that saving onto you, the pool owner.
Once you have a compliant swimming pool we will issue the Pool Safety Certificate. We then lodge it on the Qld Pool Safety Register for you at no additional cost.
Before a pool certificate can be issued it is mandatory for your pool to be included on the Qld Pool Safety Register. When you book an inspection with us us we check the register for you. If required, we will register your pool for you at no cost.
We use state of the art testing equipment and have streamlined the inspection process without compromising quality.
Our main goal is to help pool owners ensure their pool area is safe and compliant to reduce the chances of a tragic accident occurring in their backyard.
If you require a Pool Safety Certificate or would like us to do a Pool Safety Inspection for compliance advice, can click here to book online www.brisbanepoolcertifiers.com.au