Remember the rule: two in the pool
Swimming pools should be fun yet drowning is the leading cause of death in Queensland for children aged one to four years. Supervising children and teaching them to swim at a young age can save lives as well as effective pool fencing helps keep children safe. This is why the new Queensland pool safety laws have been introduced into Queensland Law on the 1st of Dec 2010 and as a result, all existing pool must comply with a single safety standard within 5 years, unless you sell or lease/rent your property before 1st Nov 2015.
There are many factors when considering Pool Barrier Compliance and therefore a step - by - step approach must be undertaken to ensure compliance is attained and maintained in accordance with all relevant factors. SWA applies the combined reading of the below listed literature with special consideration to the property's environment as a whole.
How long does a Form 23 Pool Safety Certificate Last?
To enable a Landlord/property manager to rent a property to a tenant (new or existing), a current Pool Safety Certificate (Form 23) must be in place for "that pool" from the 1st of December 2010. These laws impose penalties of up to $16,500 for Non Compliance and would expose a landlord or managing agent to enormous liability risk should an incident occur in a NonConforming pool [the intention of the law is to potentially save lives]. Unlike the Smoke Alarm laws, the Pool Safety Laws you do not require an inspection prior to the start of each lease but rather there must simply be a current Form 23 Pool Safety Certificate in place for that pool. It is the responsibility of the Pool Owner and their managing agent and/or Body Corporate to ensure each pool located at a rental property/complex continues to have a current Form 23 Pool Safety Certificate in place at all times whilst it remains a rental property.
If you were thinking of selling your property, you must either:
Provide a current Form 23 Pool Safety Safety Certificate to a perspective purchaser before entering into a contract of sale from the 1st of December 2010, or
The purchaser can accept the responsibility for obtaining a Form 23 Pool Safety Certificate within 90 days after the date of settlement however; the vendor will need to complete a "Form 36 Notice of No Pool Safety Certificate" and provide a copy of this to a prospective purchaser before entering into a contract of sale and before settlement. A copy of the Form 36 must also be provided to the Qld Govt. Department of Infrastructure & Planning.
A Form 23 Pool Safety Certificate is required if a lot owner sells a unit or rents a unit to a tenant (new or existing). The body Corporate is responsible for the Pool Safety Certificate if the pool is a shared pool located in a common area. The unit owner is responsible for the pool safety Certificate if for example; a non shared pool or spa is located within the confines of the unit itself.
New and existing pool must be upgraded to comply with the new pool safety standards before 30th Nov 2015 unless sold or leased first.
Short Term Accommodation:
Which includes hotels, motels, resorts and caravan parks, will not be able to book in short term guests after May 2011 without a current Form 23 Pool Safety Certificate in place.
Delaying a pool safety inspection may expose serious liability risk should a child drown or an immersion incident is reported in a non-complying pool.
Safety Watch Australia are industry leading specialist in Smoke Alarm, Safety Switch, Corded Window Furnishings & Pool Barrier Compliance. SWA offer the most comprehensive Risk Managment Systems & Services that remain unrivaled within industry.
Department of Housing and Public Works link about pool barriers