Facts published by | Mackay Regional Council | © 2019

Pool safety laws

The State Government’s pool safety laws have been implemented to reduce drownings and immersion injuries in swimming pools, spas and wading pools (inflatable/portable).

These pools are known as ‘regulated pools’ and pool fence laws apply across all council regions in Queensland.

These laws affect new and existing pools, spas and wading pools.

Before purchasing a swimming pool, including a portable pool or spa, you should ensure that you are aware of pool fencing requirements.

Your obligations

A spa, swimming or wading pool (inflatable/portable) is classified as a ‘regulated swimming pool’ if:

• It can be filled with water to a depth of 300mm or more; or

• It holds more than 2000 litres of water; or

• It has an installed pool filter

If your pool meets any one of these criteria, you will be required to comply with a number of strict State regulations, including installation of a pool fence and obtaining a building development approval permit for both the pool and fence.

You must register your ‘regulated pool’ with the Pool Safety Council.

Swimming pools and spas (including wading pools)

Who needs to comply

Wading pools

Inflatable wading pools are a great way to have fun and keep cool in the hotter months and are a popular purchase among local homes. However, you may have obligations to consider prior to your purchase under tough State Government laws regarding pool safety. Any wading pool capable of being filled with water to a depth of 300mm must comply with State Government regulations.

New swimming pools and spas

All new swimming pools and spas require a building development approval permit from a Private

Facts published by | Mackay Regional Council | © 2019

Regulated Non-regulated Building Certifier. The Private Building Certifier who issues the building development approval permit must inspect and certify the pool safety barrier, and the pool to ensure they comply.

The pool or spa must not be filled to a depth of 300mm or more until a satisfactory inspection is carried out and a Final Inspection Certificate (Form 17) has been issued by the certifier.

Existing swimming pools and spas

When selling or leasing a property that contains a pool, a Pool Safety Certificate (form 23) is required from a licensed pool safety inspector - fees apply. A list of pool safetyinspectors is provided on the QBCCwebsite: my.qbcc.qld.gov.au/s/pool-safety-inspector-search.

Frequently asked questions

Do the pool safety laws apply to spas and portable pools?

Yes, the pool safety laws apply to pools and spas capable of being filled with water to a depth of 300mm. It is irrelevant that the pool or spa is permanent or temporary.

Do I need a pool safety certificate?

You only need to have your pool inspected and receive a pool safety certificate when selling or leasing your property. Even if you’re not selling or leasing, you still need to make sure your pool is compliant with the current pool safety standards.

How do I know if my pool is compliant?

Step 1: Contact council to check for any existing building development approval permits, phone 1300 622 529.

Step 2: Complete a free self-assessment using the QBCC’s simple checklist at qbcc.qld.gov.au/pool-checklist.

How do I register my pool or spa?

Go to qbcc.qld.gov.au to check if the pool has been registered in the

Pool Safety Register or via the link: my.qbcc.qld.gov.au/s/pool-register.

If your pool isn’t registered, simply enter the property details online. For assistance registering a pool, call the QBCC 24/7 on 139 333.

Pool fencing requirements in Queensland?

The requirements are detailed in the Queensland Development Code and further fencing requirements can be found via QBCC website: www.qbcc.qld.gov.au/home-building -owners/pool-safety/overview.

For more information phone council on 1300 MACKAY (1300 622 529)or visit the website mackay.qld.gov.au

Swimming pools and spas