So, you want to add a pool to your new home but without all the work of landscaping and digging out a huge hole beforehand? Then you’re probably wanting to go for an above-ground pool! These either sit on top of the ground or are semi-buried, and they can range from small waders to huge pools with multiple lanes. They’re great for people on a tighter budget or timeframe, but what about the regulations? Are you allowed an above-ground pool in Queensland?
Today we’re aiming to answer all of your questions on this topic, from what your responsibilities are as a pool owner, to whether or not you really need a pool fence. Keep reading to find out more!
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Which swimming pools need to abide by QLD’s pool safety laws?
There is some debate about whether above-ground pools should really be classed and treated the same as in-ground pools, as some believe they are more difficult to access by younger children and pets. However, the Building Act 1975 outlines the safety laws of a swimming pool as a pool, portable pool, or spa if it:
- Holds more than 300 mm of water
- Has a volume of more than 2,000 litres
- Has a filtration system
This means that most pools, even kiddie waders, need to abide by the laws and responsibilities set out by the Queensland government. This is because poor pool safety can lead to huge consequences, and it can take only a shallow amount of water to become dangerous.
What are your responsibilities for an above-ground pool in QLD?
As a pool owner, you have several responsibilities to keep it as safe as possible for you, your family, and others around you. Here are the safety responsibilities you need to abide by:
- You must register your pool with the QBCC, or face a fine
- You need a pool fence that meets the pool barrier safety standard
- You must maintain your pool fence to meet the ongoing safety standards
- You need to get a pool safety certificate if you’re selling or leasing your property
- You must keep your pool gates closed
- You should keep your pool area clear of objects that children could use to enter the pool unattended
These rules apply even if you have a small inflatable pool. As long as it can hold at least 300 mm of water, these rules apply. We recommend talking to a licensed pool safety inspector to come and check your pool if you’re worried about it not being compliant.
You can learn more about pool safety laws and the pool safety standard from QBCC’s website.
Pool safety standard QLD
Do I need a fence for an above-ground pool?
Yes, all swimming pools in Queensland are required to have a compliant barrier and gate to stop access to the pool by young children and pets, even if it is an above-ground pool.
But what about the sides of the pool? Don’t they act as a barrier?
Here’s where things get a little complicated. Yes, above-ground pools can sometimes use their sides as the fence barrier as long as it complies with Queensland’s pool fencing requirements. These are:
- The pool wall must be at least 1200 mm above ground level
- The wall must not have any external bracing struts that would help children climb over it
You will also need to place a fence around the pool’s ladder, as this is the access point to the pool. You might also need to fence the pumps and piping if they can be used as climbable objects and are closer than 1200 mm to the pool. Some people choose to simply build a fence all the way around their above-ground pool to keep it as safe as possible, but it’s up to you if you only want to fence these safety concerns.
What about a pool gate?
Yes, if you’re going to fence your above-ground pool, you’ll also need a pool gate to safely enter and exit your pool area. Your pool area must:
- Not open towards the pool area
- Be self-closing and latching from all positions
- Have a latch release mechanism on the outside of the gate
- Have pool gate hinges at least 900 mm apart, with the lowest hinge having a non-climbable safety cap
- Have its inside latches at least 150 mm below the top of the gate and be shielded with a 450 mm radius with no bigger gaps than 10 mm
Doors, windows, balconies, and signage
There are a few more regulations you need to be considerate of when installing your above-ground pool. Here’s everything else you need to know before finding the perfect place to put your new pool:
Doors and windows:
- There should be no direct access from your home to the pool area through a door
- Windows opening into the pool area must not open wider than 100 mm, unless they’re security screened
Balconies:
- If you have a balcony over or within 900 mm of a pool barrier, you must make sure the balustrade complies with the pool safety standards
Signage:
- Your pool must feature a compliant CPR sign, either on its barrier or displayed near the pool, so it’s visible to anyone walking by
Do I need to register my above-ground pool?
Yes, all pools need to be registered in Queensland, according to the Queensland Building and Construction Commission (QBCC). This applies to portable pools and spas as well, so make sure you register your pool with the QBCC to make sure they know about it. You can also check whether your pool has already been registered here, although this is much more likely for in-ground pools than above-ground alternatives.
How do I ensure that my above-ground pool is compliant?
There are quite a few laws surrounding the use of pools on your property, so we recommend hiring a pool safety inspector if you’re unsure of whether your above-ground pool fits the bill. A pool safety inspector can:
- Inspect your pool for any issues and recommend what needs changing
- Give you your pool safety certificate or non-conformity notice
- Repair minor issues on and around your pool, such as replacing latches and moving climbable objects to a safe distance
- Install, repair, replace, or adjust five metres and up to six posts of a pool safety barrier
Your pool safety inspector can’t legally perform more than $3,300 of work without a correct license and contract, so if more extensive work needs doing, they’ll most likely issue a non-conformity notice which you’ll need to sort out independently.
Are there any exemptions to the above-ground pool regulations?
Queensland’s pool safety laws don’t apply to portable pools and spas if they don’t meet the following criteria:
- It can’t be filled with more than 300 mm of water
- It has a maximum volume of 2,000 litres
- It doesn’t have a filtration system
So if you have a smaller above-ground pool that doesn’t have an extensive cleaning system or large capacity, you might not need to worry about following the pool safety and fencing regulations. However, as the regulations have to do with safety surrounding pools, we would still recommend taking them seriously to avoid any dangerous situations occurring that you may be held liable for.
Queensland’s pool safety laws also don’t apply to the following:
- Fish ponds
- Ornamental ponds
- Dams used for aquaculture, marine research, or storage of water
- Watercourses
- Spa baths installed in bathrooms that aren’t continually filled with water
- Birthing pools used only for water births
- Portable wading pools
What are the consequences of not following the above-ground pool regulations?
If you don’t make sure that your pool complies with pool safety standards, you may be at risk of being served penalties from your local council. The council is within their rights to check that your above-ground pool complies with the safety laws, and if it doesn’t, they can fine you.
You might also get a fine if you haven’t registered your pool with the QBCC, so make sure you do this soon after your pool has been set up!
Tips to make your above-ground pool safer
- Landscape around your pool to make sure the entire fence is level with a minimum height of 1200 mm all the way around it
- Change your gate’s hinges to make it self-closing and self-latching, making sure they’re oiled and well-maintained to keep them effective
- Remove or shield any climbable objects from near the pool or its fence
- Keep vegetation, like trees and bushes, within 900 mm of the pool trimmed so no one can climb over the pool
- Add safety latches to windows opening near the pool so they can’t be opened more than 100 mm
- Install fixed security screens on windows to prevent access to the pool from the house
- Make sure your louvres are spaced at least 100 mm between each blade
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