Important Changes to Pool Safety Certificate in Qld.
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Is your Pool Registered and do you need a Safety Certificate Qld?
As of 1 December 2015 it will not just a case of maintaining the pool by testing the water. New rules came into effect.
If you own a property with a pool you should have your pool registered by 30 November 2015 on the Pool Safety Register. As from 1 December 2015 there will be random inspections with on the spot fines if you have not registered your pool.
All swimming pools, spas and portable pools that can be filled to a depth of 300mm with a volume of over 2,000 litres must meet the Safety Standard and be compliant. If you have any doubt then we recommend that you engage a pool safety inspector to check that your pool is compliant. If your pool does not comply then the inspector will issue a con-conformity notice. You will then have 3 months to make the pool compliant and arrange for a re-inspection or the pool inspector will have to notify the local Council.
An important note, if you are entering into a contract of sale (selling your property) for your property then you do require a pool Safety Certificate. If you are selling a unit then the Body Corporate should provide you with a copy of the Form 23 Pool Safety Certificate for the shared pool.
Remember that Queensland pool laws adopt a user-pays system and the pool owner must pay the full costs of any fence required to comply with the pool safety laws.
If you are using a dividing fence as a pool barrier and you are considering replacing or modifying the boundary fence then you may need development approval. Therefore please check with your local Council. You must also work with your neighbour and discuss the fencing work before making any decisions. If this is not possible then a Form 39 – Notice of proposed fencing work for a pool barrier should be forwarded to your neighbour at least 14 days prior to starting any work. The Form 39 will include such information as the type of fence proposed and also the materials for the fence.
We recommend that you check the Queensland Building and Construction Commission (QBCC) website for the latest information in relation to the pool safety requirements, which also advises on requirements for such items as Spas, Temporary fencing and any special purpose-built fences, especially in relation to a fence having a dual function such as keeping a dog.
If you require assistance or advice in relation to your pool compliance when purchasing or selling your home please contact MMLaw to discuss today.
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The content published in this Blog is in the form of academic papers and the opinions expressed herein are generalised. The information provided is for educational purposes, not specific legal advice.
The application of any principles referred to can alter from case to case and accordingly you should seek independent legal advice in respect of your individual circumstances.