Assessment & Development Section 101 Goondoon Street, PO Box 29 Gladstone Queensland 4680 Phone: (07) 4970 0767 Fax: (07) 4972 3381 Email:info@gcc.qld.gov.au
Pools – Frequently Asked Questions
Q. Have the new laws concerning pools commenced yet? A. Yes. The new laws took effect from 1 October 2003. Q. Can councils issue on-the-spot fines for breaches of the pool fencing requirements? A. Yes. Councils can issue on-the-spot fines for infringements of the swimming pool fencing requirements from 1 November 2003. Q. What are the main changes to the swimming pool laws? A. The new laws:
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limit exemptions, to the requirements for swimming pool fencing, that can be given by councils only to cases where it would not be practicable, because of a disability of an occupant of the building, to provide access in accordance with the pool fencing standards require the builder and owner of a new residential swimming pool to ensure a warning sign is installed on the site, advising people about the construction of the pool require new residential pools and spas on a building (such as on a roof or deck) to be fenced in accordance with the legislation clarify that the owner of a residential swimming pool must ensure that a compliant pool fence is in place and maintained to appropriate standards at all times while the pool is filled with water, and require a sign to be placed near a new pool or spa that details instructions on cardiopulmonary resuscitation (CPR)
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Q. What type of swimming pools do the pool fencing laws apply to? A. The new laws only apply to outdoor swimming pools on residential land. They do not apply to public swimming pools or swimming pools on residential premises that are completely enclosed by the walls of the building (indoor swimming pools). Q. Are there any retrospective provisions in the new laws? A. There are no retrospective provisions in the new laws. The new laws include some new provisions for new pools, for which a building approval application was lodged after 1 October 2003, and provisions that reinforce the application of the existing laws. Q. Who can advise me whether or not my pool fence complies? A. Your local council can advise you whether your pool fencing complies.
Gladstone City Council – Assessment & Development Department (07) 49700767 – Version 1.0 – 03/07
Pre 1991 pools Q. If I have an old swimming pool, do I need to have a pool fence around it? A. Yes. Since 1991, the pool fencing laws have required a swimming pool, regardless of when the pool was installed, to have a pool fence constructed around it, unless the council has granted an exemption. Q. To what standard does the fence need to be constructed? A. The standard of the pool fence depends on when the pool was constructed and whether or not your council had a local law on pool fencing: For a swimming pool constructed before 1991, in a local government area that had a local law that required a swimming pool to be fenced (to a height not less than 900 mm) and which required openings from a building to be such that they inhibited access by young children from a building to a swimming pool, the fence and openings must be constructed and maintained to that standard. If the council's local law did not require the fence and openings in the building, giving access to the pool, to prevent access by young children, the local law is of no effect. For a swimming pool constructed before 1991, in a local government area that had no local law requiring a swimming pool to be fenced, the pool fence must be constructed to a height not less than 900 mm and any openings from a building must inhibit access by young children from the building to the swimming pool. Post 1991 Pools Q. What fencing standards apply to swimming pools constructed after 1991? A. The swimming pool fence must be constructed in accordance with the standard specified in the regulation in force at the time the pool was constructed. Q. Who is responsible for ensuring the pool has a compliant pool fence around it? A. For an outdoor swimming pool constructed or installed on the land before 1 October 2003, the land owner is responsible. For an outdoor swimming pool constructed or installed on the land after 1 October 2003, the pool owner is responsible. In the case of an in-ground pool, the pool owner is generally the owner of the land. However, if a person who is renting a property buys a portable pool that requires pool fencing around it, the owner of the portable pool is the pool owner and that person must ensure the pool has a compliant fence around it.
Gladstone City Council – Assessment & Development Department (07) 49700767 – Version 1.0 – 03/07
Building a new pool Q. I am constructing a pool and want to use my boundary fence as part of the pool fence. Will the fencing laws allow that? A. Yes, the pool fencing laws will allow the property boundary fence to form part of the pool fence. The boundary fence is treated no differently to any other pool fence. It must be at least 1.2 m high and be constructed in accordance with the fencing standards so as to inhibit access to the pool area by a toddler. No climbable objects, on either side of the fence, are permitted within a radius of 1.2 m measured from the top of the fence. If the boundary fence exists and does not satisfy the fence standards, it cannot be used as part of the pool fence. If the boundary fence is suitable for use as part of the pool fence, it will still be necessary to isolate the house from the pool area with additional fencing. Q. If my neighbour is constructing a pool and wants to use the existing boundary fence as a pool fence, do I need to move any climbable objects on my land that are within the radius of 1.2 m of the fence? A. No. It is the responsibility of the pool owner to ensure that pool fencing complies with the pool fencing laws. It may not always be appropriate to use a boundary fence as part of the pool fence because it does not or cannot be made to meet the pool fence standards. For example, the nonpool owner may have a climbable, existing barbeque or an abutting fence on their land, which they are not prepared to move or alter, and is within the 1.2 m clear radius. In this case, the pool owner will need to consider other options. Maintenance of pool fencing Q. If I remove or demolish my existing fence, do I have to put up a new one? A. Yes. A swimming pool must always have a compliant pool fence, unless your council has granted an exemption. If a substantial portion of the fence is demolished or removed, it must be replaced with a new fence. The new fence must comply with the current pool fencing standards and not the standard that applied at the time the original fence was built. Q. If a substantial proportion of my existing fence has not been properly maintained and is in such a state of disrepair as to not be practicable to repair it, do I have to build a new fence? A. Yes. It must be replaced with a new fence. The new fence must comply with the current pool fencing standards. If only a small part of the existing fence has fallen into a state of disrepair, it can be repaired to the same standard that applies to the existing fence.
Gladstone City Council – Assessment & Development Department (07) 49700767 – Version 1.0 – 03/07
Exemptions Q. Under what circumstance can a person apply for an exemption of the pool fence standards? A. Before 1 October 2003, a person could have applied for an exemption if the council was satisfied that it WAS unlikely a young child would gain access to the pool because of:
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the physical nature or location of the land concerned, or the design or construction of the pool or fencing, or the location of the pool or fencing.
After 1 October 2003, a person can apply to the council for an exemption from the requirements for swimming pool fencing only where it would not be practicable, because of a disability of an occupant of the building, to provide access in accordance with the pool fencing standards. For example, a person with a mobility disability may apply for an exemption to allow a pool gate to open into the pool area (rather than away from the pool as required by the pool fencing standard) to facilitate access into the pool area. If an exemption is given, the council may impose any conditions it considers appropriate to prevent a young child gaining access to the pool area unsupervised. Q. What has to happen if the reason for the exemption being granted in the first place no longer applies, for example, if the person with the disability no longer occupies the building? A. The owner of the pool must ensure the pool fence is brought into conformity with the fencing standards, which applied at the time the exemption was given. If the fence needs to be substantially changed to bring it into conformity, a new fence to the current standards may need to be constructed. Pool Signage Q. Who is responsible for ensuring a sign is placed near the site warning neighbours that a pool is being constructed on my property? A. Both the pool owner and the pool builder are responsible for the sign. The sign must remain in place until a compliant pool fence has been built around the swimming pool and a building certifier has certified that the fence complies with the pool fence laws. The sign must be visible from the road and must display the following text: Danger. Swimming pool under construction. Keep children out.
Gladstone City Council – Assessment & Development Department (07) 49700767 – Version 1.0 – 03/07
Q. Who is responsible for ensuring a sign, with instruction on how to undertake cardiopulmonary resuscitation (CPR), is placed near a new swimming pool? A. The pool owner is responsible for the sign. Q. What details do warning signs and CPR signs need to contain? A. The details required on the signs are specified in amendments to the Standard Building Regulation 1993 which also commenced at the same time as the Act amendments on 1 October 2003. The CPR sign needs to be durable, placed in a conspicuous place near the pool and must detail the procedures necessary to undertake cardiopulmonary resuscitation. Ornamental Pools and Water features Q. I have a fish pond/ornamental pond. Does this need to be fenced? A. No. The Act relates only to swimming pools for residential dwellings and Class 2 dwellings. There is no requirement to fence a fish pond or ornamental pond. Q. I have a portable (inflatable) pool that can be filled with water to a depth of 500 mm but has a volume of less than 2,000 litres. Do I have to fence this pool? A. Yes. A 'swimming pool' is defined in the Act as an excavation or structure —
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capable of being filled with water to a depth of 300 mm or more, and capable of being used for swimming, bathing, wading, paddling or some other human aquatic activity, and solely or principally used, or designed, manufactured or adapted to be solely or principally used, for the purposes mentioned in the legislation despite its current use, and includes a spa pool, spa tub or similar thing (whether portable or fixed) and a wading pool (other than a portable wading pool).
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A 'portable wading pool' is defined in the Act as —
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capable of being filled with water to a depth of no more than 450 mm and has a volume of no more than 2,000 litres, and has no filtration system
For a pool to be considered a portable wading pool it must meet all three criteria.
Gladstone City Council – Assessment & Development Department (07) 49700767 – Version 1.0 – 03/07
Q. I have a portable pool that does not fall within the definition of a portable wading pool. However, the portable pool is only used for about three months in the middle of summer. At other times, it is stored away in a shed. In addition, the pool is not always erected in the same place in the yard. Do I have to construct a fence around the pool when it is in use? A. Yes. A fence must be installed around the pool in accordance with the pool fencing standards. Q. I have a portable pool that can be filled to a depth of over 450 mm and therefore does not fall within the definition of a portable wading pool. However, I only ever fill it to a depth of not more than 300 mm. Does this pool need to be fenced? A. Yes. If the pool is capable of being filled to a depth of greater than 450 mm, a pool fence must be built, irrespective of whether the pool is filled to a depth of not more than 300 mm. Q. I have an existing fence around my swimming pool that needs some minor maintenance which I have arranged to do. Once the fence maintenance work has been completed do I have to get it checked for compliance by a private certifier? A. No. There is no requirement to have minor maintenance work checked for compliance. However, if the fence is totally or substantially replaced, it must be approved, inspected and certified by a building certifier. Q. I plan to put a portable spa on a deck attached to the house. Do I need to fence the pool? A. Yes. A spa pool, whether portable or fixed comes under the definition of a 'swimming pool'. Unless the new pool is totally enclosed by the walls of the building it must be fenced. Dams on residential properties Q. On my residential property there is a dam. Does the dam need to be fenced? A. No. The pool fencing laws, contained in the Building Act 1975, only apply to outdoor swimming pools. Dams, rivers, creeks or other similar watercourses are not required to be fenced under the pool fencing laws. Unless your local council has its own local law requiring fencing around dams, there is no mandatory requirement to erect a fence around the dam.
Gladstone City Council – Assessment & Development Department (07) 49700767 – Version 1.0 – 03/07