Home owner's

Guide
POOLS
AND SAFETY
Home owner’s guide to ensure that your pool is safe
TABLE OF CONTENTS
WELCOME 3 TIPS ON MAKING YOUR POOL SAFER 6
ABOUT US 4 Who enforces pool compliance? 6
WHAT CLASSES AS A SWIMMING POOL? 4 Should my pool be registered? 6
Does your pool comply? 4 When is a pool a ‘shared’ pool? 6
Pool barriers or fences 5 Certificates—only required in event
of sale or lease 6
Pool barrier gates 5
When does a pool safety certificate
Door and windows 5 need to be displayed? 7
Balconies 5 How do I get a pool safety certificate? 7

WELCOME
Signage 5 What happens if the pool doesn’t comply? 7
What are the penalties for non-compliance? 7
Dividing fences and pool owners 7
Drowning is one of the leading causes of death in Queensland for children under the
age of five years old. Supervising young children, teaching them to swim and having
effective pool fencing can save lives.
Owners of pools, spas and portable pools in Queensland must ensure their pool
barrier complies with the pool safety standard. This home owner’s guide has been
created to provide tools and tips to help navigate through the legal requirements so
that you can learn more about your responsibilities as a pool owner.

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 POOL BARRIERS OR FENCES
• minimum barrier height from finished ground level to
the top of the barrier is 1200mm
• if the sides of your aboveground pool or spa are
1200mm high and nonclimbable, the sides can form
part of the barrier and there must also be a designated
access point with a compliant barrier and gate around it
• maximum allowable gap from finished ground level to
the bottom of any barrier is 100mm
• gaps between vertical members must not
exceed 100mm
• if there are horizontals within the 900mm
nonclimbable zone, the gaps between verticals
must not exceed 10mm and the horizontals must have
60-degree fillet attached
• climbable objects must be at least 900mm away

Note: from the pool barrier on the outside and 300mm

on the inside
• no objects (decks, sills, etc.) can be so close as to
fety compliance reduce the minimum 1200mm fence height
For general pool sa
online checklist
advice, use QBCC’s • if it is not possible to achieve a 900mm nonclimbable
y inspector,
or to find a pool safet zone on the outside, then the fence height can be raised
go to to 1800mm and a 900mm nonclimbable zone created
at the top on the inside, with no objects like decks
qbcc.qld.gov.au below the nonclimbable zone that would reduce the
1800mm height/drop from the top of the fence
• even spas with lockable lids need a compliant barrier

POOL BARRIER GATES

• pool gates must not open toward the pool area
• pool gates must be self-closing and latching from
all positions
• the bottom of any latch release mechanism on the
outside of the gate must be at least 1500mm above

ABOUT US WHAT CLASSES the ground and 1400mm above the top of the highest
lower horizontal member

The QBCC supports the growing Queensland community AS A SWIMMING • pool gate hinges must be at least 900mm apart or the
lower hinge must have a nonclimbable (sixty degree)

POOL?
by providing information, advice and regulation to ensure safety cap affixed to prevent climbing
the maintenance of proper building standards, and provide
• any latches inside the gate must be at least 150mm
assistance for defective building work. By doing this we
below the top of the gate (or any hand-hole) and be
promote confidence in the building and construction A swimming pool is an above or belowground structure shielded with a 450mm radius with no gaps greater
industry. Led by the Commissioner and governed by a principally used for swimming or bathing, and includes than 10mm
board, the QBCC consists of a skilled and expert team some portable pools and spas. If your portable pool or
of staff that work hard to meet the needs of industry spa can hold at least 300mm of water, then the pool
participants and the community. DOOR AND WINDOWS
safety laws apply.
• there is no direct access through a door from the house
The Commission regulates the building industry The standard applies to pools at houses, unit complexes, to the pool area
throughout Queensland. To provide the best customer hotels, motels, backpacker accommodation, caravan
service possible, service centres are located throughout • windows opening onto the pool area must not open
parks and mobile van parks. more than 100mm or must be security screened
the state including Brisbane, Gold Coast, Sunshine Coast,
Toowoomba, Maryborough, Rockhampton, Mackay,
Townsville and Cairns.
DOES YOUR POOL COMPLY? BALCONIES
The standard covers such things as the height and • for balcony over or within 900mm of the pool barrier, the
With over 4 million people currently living in Queensland strength of barriers, non-climbable zones, gates and their balustrade must comply with the pool safety standard.
and more than 10 per cent of those residents working in latching requirements and preventing direct access from
the construction sector, the QBCC has an important task a building into a pool area. SIGNAGE
in serving our customers, contributing to the growth of
• a compliant CPR sign must be displayed and either be
the Queensland economy and regulating the industry.
attached to the barrier for the pool, or displayed near
If you would like to get in touch with us call 139 333 or the pool, so that the sign is conspicuous and easily
visit qbcc.qld.gov.au. visible to anyone near the pool

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 TIPS ON MAKING YOUR
POOL SAFER
WHEN DOES A POOL SAFETY inspector. It is an offence to engage a different inspector
reduce the height of surrounding secure all moveable objects CERTIFICATE NEED TO BE DISPLAYED? in that three month period without written approval from
QBCC.
When it is for a shared pool. It must be displayed at
ground levels and garden beds near the pool the main entrance to the premises, or at a gate or door If you don’t ask the inspector to re-inspect within three
accessing the pool. months, they must notify the local government.

adjust the self-closing mechanism permanently adjust windows that HOW DO I GET A POOL
If a pool owner disagrees with a nonconformity notice
(Form 26), they may appeal to a Development Tribunal
or replace the hinges to make the provide access to the pool area so they SAFETY CERTIFICATE? established under the Planning Act 2016.
gate self-closing can't open more than 100mm (using Only a pool safety inspector licensed by QBCC can
issue a pool safety certificate. WHAT ARE THE PENALTIES FOR
a window lock alone does not comply)
Check if there is already a certificate for the pool by NON-COMPLIANCE?
searching at my.qbcc.qld.gov.au/s/pool-register The courts can impose penalties of over $20,000 for
oil the gate hinges install permanently fixed security individuals and over $100,000 for corporations for non-
screens on windows Find a list of all licensed pool safety inspectors by
compliance with the pool safety laws. These fines also
searching at my.qbcc.qld.gov.au/s/pool-safety-
apply to anybody who props open a pool gate.
inspector-search
shield any climbable objects with a louvres with a gap of more than For recently built pools, a Form 17 –Final inspection
Local governments issue on-the-spot fines of over
$900 for individuals and over $2,600 for corporations for
nonclimbable material such as flat 100mm do not comply certificate or a Form 11 –Certificate of classification given
noncompliance.
by the building certifier can be used as a pool safety
polycarbonate sheeting certificate for 1 year from its date of issue for a shared QBCC issues on-the-spot fines of over $2,000 for
pool, and 2 years for a non-shared pool. individuals and over $6,000 for corporations for failure to
obtain a pool safety certificate in the event of sale or lease.
trim climbable vegetation and tree installing window locks is not WHAT HAPPENS IF THE POOL Similar penalties apply for occupiers of a property,
branches that are within 900mm of acceptable as they can be easily DOESN’T COMPLY? including tenants, who don’t ensure gates and doors giving
the pool barrier - if branches overhang left unlocked The inspector must issue a non-conformity notice (Form access to a pool are kept securely closed at all times when
26) advising how the pool doesn’t comply and what is not in use.
from an adjacent property, negotiate needed to be done to make it comply.
with your neighbour to remove them A real estate agent who collects a commission for a new
The owner may personally perform the repairs to make lease with a non-shared pool with no pool safety certificate
the pool legislatively compliant if the value of the building faces potential disciplinary proceedings by their regulator.
work (including cost of materials) is not more than
Tenants who install their own pool, such as a portable
$11,000 or the repairs are “accepted development” under
WHO ENFORCES POOL COMPLIANCE? CERTIFICATES—ONLY REQUIRED IN the Building Act 1975 and Schedule 1 of the Building
pool or spa, are responsible for ensuring the pool complies
Local councils inspect pools when they receive written EVENT OF SALE OR LEASE Regulation 2006.
with the pool safety standard and obtain all required
complaints about noncompliance. They can take any You must have a certificate in effect before leasing any building approvals.
enforcement action necessary. property with a nonshared pool. If the pool owner decides to engage a contractor to carry
Permission from the property owner may also be required.
out the repairs and the repairs involve building work which
They may also undertake random compliance audits of A property with a nonshared pool may be sold without exceeds $3,300 (including the cost of materials), the
swimming pools. a certificate, but the seller must give the purchaser a contractor must hold an appropriate contractor’s DIVIDING FENCES AND POOL OWNERS
Form 36 Notice of no certificate before entering into the licence under the Queensland Building and In many cases, using a common boundary
SHOULD MY POOL BE REGISTERED? contract for sale. Construction Commission Act 1991. fence is the most efficient way to comply
All pools in Queensland must be registered with the When buying a property with a non-shared pool (house) with pool safety requirements.
Schedule 2B of the Building
QBCC. To list your pool on the pool safety register, visit that doesn’t have a current certificate, you must obtain Regulation 2006 sets out Provisions in the Building Act 1975
qbcc.qld.gov.au. one within 90 days after settlement. prescribed minor repairs that an and the Neighbourhood Disputes
A property with a shared pool (unit or townhouse) may inspector may carry out with Resolution Act 2011, facilitate
WHEN IS A POOL A ‘SHARED’ POOL? be sold or leased with no certificate, but for a sale you the agreement of the owner. a common-sense approach to
If residents of two or more dwellings can use a pool must give the prospective buyer a Form 36 Notice of no An inspector who carries out fencing work such as encouraging
(e.g. a residential unit complex, motel or caravan park), certificate before entering into the contract for sale. You prescribed minor repairs must agreements between neighbours
it is a shared pool. must also give a Form 36 to the body corporate and QBCC hold an appropriate contractor’s and ‘like for like’ replacement
before settlement (or the new lease). The pool owner licence under the Queensland of fences.
Otherwise it’s a non-shared pool—only accessible to Building and Construction
residents of one dwelling—e.g. a private house or private (body corporate) must obtain a certificate within 90 days For more information about pool
after settlement of the sale (or the lease). Commission Act 1991 if the value of
spa on a unit balcony. barriers on common boundaries go
the building work exceeds $3,300
QBCC issues on-the-spot fines of over $2,000 for to www.qbcc.qld.gov.au/sites/default/
(including the cost of materials).
individuals and over $6,000 for corporations who breach files/Pool_safety_dividing_fences.pdf
these requirements. If you need the pool re-inspected
within three months after receiving the
nonconformity notice, you must reengage the original
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Need more information?
Visit qbcc.qld.gov.au or call us on 139 333.
Pools and Safety booklet_May_2019

299 Montague Road,

West End Qld 4101
GPO Box 5099,
Brisbane Qld 4001
T: 139 333
F: 07 3225 2999
W: qbcc.qld.gov.au