Queensland Pool Safety Compliance Guide

• Most regulated pools must be registered with the QBCC.
• A compliant barrier must be maintained at all times.
• A compliant CPR/resuscitation sign must be displayed at the pool.
• A current Pool Safety Certificate is required in the circumstances set out by Queensland law, including sale and lease transactions.

• Do not assume that a single measurement answers every compliance question.
• Do not assume an older fence is compliant simply because it has been there for years.
• A licensed pool safety inspector assesses the actual barrier and access arrangements against the requirements applicable to the pool.
• Where a building, balcony, boundary fence, retaining wall, deck or other structure forms part of the barrier, the whole arrangement needs to be considered.

• Measure height from the relevant finished ground or stable surface, not simply from the lowest visible point.
• Sloping and stepped sites can create unexpected height problems.
• Glass panels need to remain firmly positioned and must not develop excessive gaps.
• Boundary fences can sometimes form part of a compliant barrier, but their construction, height and climbability must be assessed.
• An above-ground pool wall may form part of the barrier in some circumstances, but the designated access point still needs compliant enclosure.

• Look beyond the fence itself. Trees, branches, pot plants, garden edging, furniture, air-conditioning units, toys, steps and deck edges can all matter.
• For the common barrier arrangement, objects may need to be at least 900 mm from the outside of the fence and 300 mm from the inside.
• Below 1800 mm, a boundary fence's non-climbable zone must be maintained on the outside, on the neighbour's side. At 1800 mm or higher it can be positioned on either side of the fence. See Section 3 for how this affects boundary fence height decisions.
• Where two fences intersect, the interaction between the barriers can create climbable footholds.

• Outside release: the latch release is generally at least 1500 mm above finished ground level (FGL) on the outside of the gate.
• Lower inside release: where the release is lower than 1500 mm, it must be on the inside of the gate, so a child would have to reach over or through the barrier to get to it, and it must sit below the top of the gate.
• Shielding: a lower inside release must be shielded so there is no opening greater than 10 mm within a 450 mm radius of the release.

These are summaries of the Queensland standard (QDC MP3.4, which calls up AS 1926.1-2007). Exact requirements depend on the gate and barrier, so your inspector measures each one on site.

• Test self-closing from several opening positions, not just from a single convenient position.
• Check that the latch actually engages every time, including when the gate is resting only slightly ajar, roughly 10 to 20 mm, not just fully open or fully closed.
• Gate hinges can create climbable projections and have specific separation and safety-cap requirements.

• Outdoor pools generally cannot rely on a door opening directly from a building into the pool area as an access point.
• Windows opening into the pool area can require permanent restriction or compliant screening depending on their arrangement.
• Louvred windows have specific requirements for gap size and fixing.
• Balustrades over or near a pool barrier can become part of the compliance assessment.
• Patios, decks and pergolas can affect supervision and barrier arrangements.

• Check that the sign is actually visible from the pool area.
• Check that it is durable and remains legible.
• Check that the CPR procedure shown is the required procedure.
• Do not treat a decorative or faded sign as automatically compliant.

• Registration and certification are different things.
• An entry on the pool register does not by itself mean the barrier is currently compliant.
• Pool owners remain responsible for maintaining the barrier between inspections.

• Non-shared pool certificates are valid for 2 years.
• Shared pool certificates are valid for 1 year.
• A current certificate is required for relevant sale, purchase and leasing circumstances.
• Shared pools have additional display requirements.
• A certificate confirms compliance at the time of inspection; it does not remove the owner's ongoing responsibility to maintain the barrier.

• In limited circumstances, the inspector may reinspect within 2 days and issue the certificate if the pool has been made compliant.
• An owner and inspector may also agree that the inspector will carry out eligible minor repairs within the permitted timeframe.
• After a Form 26, the pool must be reinspected within 3 months by the same inspector unless the law permits another arrangement.
• A Form 26 is not the same thing as a permanent failure of the property. It is the formal notice that identifies the work needed to achieve compliance.

• Non-shared pool certificates are valid for 2 years; shared pool certificates are valid for 1 year.
• When selling without a current certificate, a Form 36 Notice of No Pool Safety Certificate may be required.
• A buyer of a property without a certificate generally has 90 days after settlement to obtain one.
• A Form 36 does not make a non-compliant barrier acceptable. The pool must still comply with the pool safety standard.
• For shared pools, the pool owner is usually the body corporate and additional responsibilities apply.

• Walk the entire perimeter of the barrier.
• Test every gate from several opening positions.
• Look for climbable objects inside and outside the barrier.
• Check vegetation, branches, garden beds and landscaping.
• Check the bottom of the fence for excessive gaps.
• Check glass panels, posts and fixings for movement.
• Check windows, doors, balconies and structures adjoining the pool area.
• Check that the CPR sign is present, visible, durable and appropriate.