Are you Breaching Pool Safety Laws?

DID you purchase a “portable” pool/spa to help get you through summer? If so, Queensland’s pool safety laws under the Building Act 1975 (Act) may apply.

If the structure is capable of being filled with water to a depth of 300mm or more, has a volume of no more than 2000 litres and has no filtration system, then it may be captured by the Act. Many of the “portable” pools/spas sold will meet this description.

If the pool is located on “regulated land” as defined under the Act, it is a “regulated pool” and the owner has many responsibilities, including:

  • Registering it with the Queensland Building and Construction Commission, who can issue on-the-spot fines for failure to register;
  • Complying with the pool safety standard and keeping barriers in good condition. The standard covers many aspects including height and strength of barriers, mandatory non-climbable zones, gates and latches (exemption from part(s) of the standard is possible in cases of impracticality and disability if approved by local council).

Failure to comply not only creates unnecessary safety risks, but also leaves owners open to receiving fines or court imposed penalties (which can be significant). You can engage a licenced pool safety inspector to confirm whether your pool/ spa is captured by the Act and to help you comply with Queensland’s pool safety laws.

*The legal information in this article is of a general nature only and not intended to be legal advice to rely upon.

Walker PenderAre you Breaching Pool Safety Laws?