Do I Need A Pool Safety Certificate?
28 Mar, 2024
Swimming pools are one of the most frequented places in summer, perfect for unwinding and soaking up the tranquility. Discover the joy of spending quality time with your loved ones in the pool, all while ensuring safety remains paramount with our comprehensive safety plans. A pool compliance certificate ensures the safety of your swimming or spa pool by fulfilling a standard safety check and comprehensive inspection to avoid the dangers of the pool area.
Owning a pool with no intentions to rent or sell the property means you do not need a current pool certificate legally. However, if you are considering leasing or selling your property, you will need a valid pool certificate otherwise you may face penalties or fines for violating the pool safety measures. Whether you own, lease, or are selling a property with a pool, you should always consider obtaining a pool safety certificate to ensure your pool meets safety standards.
Your local council will strictly enforce the implementation of pool safety laws and regulations. This article explores the value of a valid pool safety certificate with detailed insights to help you understand the complicated laws of Queensland pool safety standards.
What Is A Pool Safety Certificate?
A pool safety certificate is a document for pool owners to certify that their pool area has passed a comprehensive safety inspection in accordance with the standards and regulations of their state government. Another name for a pool safety certificate is a Form 23.
When Do You Need To Obtain A Pool Safety Certificate?
According to Australian Pool Safety Standards, you just need to obtain a pool safety certificate if you have a pool with a capacity of storing at least 300mm of water. For instance, according to pool compliance Brisbane standard regulations, you need to acquire a pool certificate when you are:
- Buying, selling, or renting a home or territory with a pool.
- Constructing a new pool in an existing property.
- Re-inspecting or renewing the fences around your existing pool.
- Turning your existing non-shared pool into a shared pool.
How Long Does A Pool Safety Certificate Last?
A pool safety certificate is valid for a specific duration after which it requires re-inspection and renewal of the certificate. For a non-shared pool, which is typically the type installed in houses, the pool safety certificate expires after two years. For a shared pool, typically the type of pool you would find in unit complexes, the compliance certificate will expire after one year.
Safety Reasons Behind The Necessity Of Pool Compliance Certficates
A pool safety compliance certificate is an essential document for homeowners, landlords, property sellers/buyers, and property managers. Below are some safety reasons behind acquiring a pool compliance certificate for property owners.
Compliance With Regulations
The pool compliance certificate confirms the safety of the pool area and compliance with the standard criteria set by the government or local regulatory bodies. It is valid proof that your pool or spa is a completely safe place for swimmers, waders, and children.
Pool safety inspectors conduct an unbiased evaluation to determine whether the examined area is following the pool safety rules or is subjected to an alert. Owning this certificate confirms your pool’s liability and safety from violating country laws.
Prevention From Drowning
One of the key reasons to obtain a pool compliance certificate is to reduce the high number of drowning cases in swimming pools. Children aged between 1-4 years old are at a greater risk of drowning due to non-compliant swimming areas.
Pool safety inspections include the interpretation of risk factors like fencing around the pool and barrier height. Pool safety certificates minimise the chances of drowning making it safer for everyone including children.
Avoiding Accidents and Injuries
Accidents and injuries can happen unintentionally at any moment without giving an alert. Obtaining a pool compliance document certifies you to become more responsible regarding the safety measures in and around the pool area. Pool areas are usually surrounded by slippery floors and bottoms. A person might slip through a wet area around the pool especially if it lacks a barrier. Also, head injuries may be caused due to accidents inside the pool against the walls.
Safety Precautions
Pool accidents can be minimised or even prevented by following the standard safety guidelines and precautionary measures. Acquiring a pool certificate justifies that you have complied with the pool safety regulations under expert supervision.
A pool safety evaluation should be done repeatedly by homeowners, checking that no fencing has eroded, no damage incurred, and no further issues have arisen since the previous safety inspection. Once the document has expired, it is important for a pool inspection team to assess your current pool area and issue an updated safety certificate.
Pool Safety Laws For Leasing, Buying and Selling Property
When you are renting, buying, or selling a home, residential property, or a complex with a pool, it is your responsibility to ensure your pool area complies with the safety regulations dictated by your local council. Below are some important aspects you must consider while owning, renting, or selling a property with a pool.
Laws For Leasing A Property With A Pool
Here are the fundamental regulations for having a pool certificate while renting a property with a pool.
- You must renew your pool safety certificate every two years once it expires
- A pool safety certificate must be obtained before entering into an accommodation agreement
- If your property has had a pool certificate before, ensure that the current certificate is valid and has not expired before entering into a new agreement
- Failure to do so is an offence under the Building Act 1975 and may result in enforceable action including heavy fines
Laws For Buying A Property With A Pool
Some common laws and regulations regarding owning a pool certificate when planning to buy a property with a pool include:
- Obtain a pool compliance certificate from the property seller before settlement.
- Receive a Form 36 document from the property owner in the case of not acquiring the pool certificate
- In this instance, you will need to acquire a pool safety certificate for your owned property with a pool within 90 days after settlement
Laws For Selling A Property With A Pool
The following are the main highlights enlightening the importance of acquiring a pool compliance certificate while selling a property with a pool.
- Provide a pool compliance certificate to the property buyer
- In the case of not having a pool certificate, fill out a Form 36 and hand it over to the buyer
- Ensure that your buyer has been informed about the pool safety laws surrounding pool certificates
Final Thoughts
Swimming pools are often associated with fun activities and relaxing summer days. Like many other countries in the world, the Australian government has stressed pool safety and the dangers around drowning incidents. Having a pool certificate ensures the safety of your pool area. According to Queensland Pool Safety regulations, it is a must for property owners and managers to have a valid pool safety certificate. This law applies to all swimming pools including indoor/outdoor pools, spa pools, and portable above ground pools.
Sources
https://www.qbcc.qld.gov.au/your-property/swimming-pools
https://ablis.business.gov.au/service/nt/compliance-certificate/3474
https://www.icertified.com.au/pool-safety-certificate-qld.html