Gold Coast Pool Safety and Fencing regulations
Pool owners are responsible not only to maintain the pool itself but also to make sure that the pool is fully compliant with government safety regulations. These regulations are in place to help prevent deaths caused by accidental drowning and strict fines are imposed on property owners that fail to comply with them. DR Inspects Building & Pest Inspections Gold Coast can perform an inspection to make sure that your pool complies with the government’s safety regulations. Before scheduling an inspection, however, there are some key things you should know about these laws.
Basic Gold Coast Pool Safety Information
Failing to comply with Gold Coast pool safety regulations can make you liable for injuries that occur in your pool, and you can also face heavy fines. This information will help you understand many of these regulations and your responsibilities:
Most of the time, local Gold Coast governments enforce the safety regulations and levy fines for non-compliance. On occasion, the Department of Infrastructure and Planning will fulfil this enforcement role.
As of 2015, individual property owners may owe a penalty of up to $16,500 for non-compliance. Corporate property owners may owe a maximum fine of $82,500.
In addition to the maximum penalties listed above, enforcing agencies may impose an on-the-spot fine of $1,600 for individual property owners and $4,800 for corporate property owners if these agencies find that the pool does not comply with regulations.
Pool Safety Certificate Period of Validity
Once you obtain your swimming pool safety certificate, it is valid for one year for a shared pool and two years for a pool that is not shared.
Non-Compliance and Re-Inspection
Should your pool be found non-compliant, you will receive a notice of non-conformity, which will give you 90 days to make the pool compliant before the government requires a re-inspection. Our inspectors can look at the non-compliance certificate and help you understand what steps you must take to make your pool compliant.
If you have been issued a notice of non-compliance and you do not conduct the repairs and installations necessary to make the pool conform to safety regulations within the 90-day period, your pool inspector must record this with your local council. Importantly, you must own and live in your own home in order to qualify for a Short-Term Accommodation that will extend the deadline for making your pool compliant to safety regulations. You can find more information on this accommodation and the rest of your rights from the Queensland government site.
Spas are not exempt from the pool safety regulations, so owners must obtain a pool safety certificate if they own a spa pool.
Home Rentals and Safety Regulations
Homeowners who have pools and are renting out their home must obtain a pool safety certificate prior to leasing. If you rent without this certificate, you may be fined, so it is wise to contact a pool inspector and make sure your pool is compliant to the safety regulations. That way, you will be sure to qualify for a certificate.
Pool Safety Responsibilities for Specific Property Owners
Although all property owners with a pool must make their pool safety compliant, there are some different deadlines and responsibilities for owners depending on the category into which they fall.
Individual private property owners who are not intending to rent or sell their home have until 30 November 2015 to comply with the new pool safety regulations. You should know, however, that you may need an inspection sooner if you plan to have visitors stay with you. Our inspectors can help you figure out the requirements if you have visitors. If you intend to rent your home, please see the landlords category below.
Landlords and Providers of Short-Term Accommodation
Whether you are accepting new tenants or reassigning tenants who have been renting from you for some time, you have been required since 8 July 2011 to have a pool safety certificate in order to lease your property. This applies to long-term rentals; the policy for those who provide short-term accommodations to guests are similar. Like landlords, you must have a pool safety certificate before you provide accommodation. The only difference is that this requirement has been on the books since May 2011.
If you intend to sell your pool and already have a pool safety certificate, you are required by law to pass this certificate on to the new owner of your property after the sale is completed. Although you can sell your home without a pool safety certificate, it is best to get one ahead of time so as to make sure your sale is not delayed. We can inspect your pool and help you obtain your certificate.
In the event that you do not obtain a pool safety certificate prior to the sale of your home, you must give the buyer a notice that there is no pool safety certificate via form 36. The new owners of the property will have 90 days from the date of settlement to make the pool compliant and obtain a certificate.
Bodies corporate and other shared-pool owners are also required to have a pool safety certificate that proves they comply with existing safety regulations. Should the pool owned by a short-term accommodation provider such as a hotel, there has been a phase-in period since the regulation went into effect on 1 December 2010. This period is six months. Otherwise, shared pool owners that do not provide short-term accommodation have a pool certificate period of two years.
When the body corporate or other owner of a shared pool does not have a current safety certificate, it must get one within ninety days of a sale, lease or other accommodation agreement going into effect.
Pool Safety Inspections for Your Peace of Mind
At DR Inspects Building & Pest Inspections Gold Coast, we want to help you make sure your pool is safety compliant. Contact us today to schedule an inspection that will assist you in meeting the government’s requirements.