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C03Pool barriers

Pool safety barriers in Queensland

In Queensland, a pool owner must register the pool with the QBCC, have a pool fence that meets the pool barriers safety standard and keep it to that standard, among other duties set out below. The laws reach small inflatable pools too, if they can hold 300mm or more of water.

General information, not legal advice. The QBCC’s page on swimming pool safety laws, listed at the foot of this page, is the place to check.

The garden around a pool fence, with the QBCC’s three measurements A pool fence in elevation between a garden bed outside and the pool inside. A dimension beside the fence reads 1200mm minimum, measured from the ground. On the outside a band reads 900mm clear; on the inside a narrower band reads 300mm clear. 1200mm minimum 900mm clear 300mm Outside Pool
Drawn for this guide and not to scale, from the QBCC’s tips quoted below: a fence height measured from the ground, and the space to keep clear on each side.

Definition

What Queensland counts as a pool

The QBCC says the laws “aim to minimise the chance that young children can get into the pool area unsupervised.” Its definition: “Queensland laws define a swimming pool as any structure that:”

  • “is capable of being filled with water to a depth of 300mm or more”
  • “is used primarily for swimming, wading, paddling or the like.”

That includes wading pools, blow-up pools and spas. The laws do not apply to fishponds or to structures made or adapted to be solely or principally ornamental, though the QBCC adds that a fish pond also used for swimming may be treated as a swimming pool. A water feature in a new garden is worth thinking about with that in mind.

“Throughout Queensland the state government’s pool safety laws applies to all pools, including those at:” houses, unit complexes, hotels, motels, backpacker accommodation, boarding houses, caravan parks and mobile van parks.

Duties

What owners and tenants must do

These are the QBCC’s lists of duties, each printed whole.

  • “As a pool owner you must:”
    • “register your pool with the QBCC or face a fine”
    • “have a pool fence that meets the pool barriers safety standard”
    • “maintain your pool fence to meet the safety standard ongoing”
    • “get a pool safety certificate if you are selling or leasing your property”
    • “keep pool gates closed”
    • “keep the pool area clear of objects that children could use to enter the pool unattended.”
  • “As a tenant you must:”
    • “keep pool gates closed”
    • “never prop open a gate”
    • “keep the pool area clear of objects that children could use to enter the pool unattended”
    • “let your landlord know if the fence is broken or does not comply with pool safety laws, e.g. if the gates don’t self-close every time.”

Beside the duties, the QBCC gives a recommendation, not a rule: “We recommend you engage a licensed pool safety inspector to inspect your pool and confirm it is compliant.” It also says an unsafe or non-compliant pool can be reported to the local council at any time.

The garden at the fence

The QBCC’s tips for the ground around the fence

Tips
The QBCC calls these “Tips to make your pool safer”. Some describe what compliance takes: the fence they work on has to meet the pool barriers safety standard, and the window tip says a window lock alone “does not comply”, so check each measurement against that standard. Several are about the garden itself, which is why they matter when a pool area is being landscaped. All nine, in order:

  1. “Reduce the height of surrounding ground levels and garden beds to make sure your entire fence has a minimum height of 1200mm measured from the ground.”
  2. “Adjust gate hinges to make the gate self-closing.”
  3. “Oil the gate hinges and latch to make sure the gate is self-closing and self-latching.”
  4. “Shield any climbable objects by securely attaching a non-climbable material such as flat polycarbonate sheeting to the outside of the fence.”
  5. “Trim climbable vegetation and tree branches that are within 900mm of the pool fence (if branches overhang from next door, negotiate with your neighbour to remove them).”
  6. “Secure all moveable objects near the pool to ensure nothing can be moved within 900mm on the outside and within 300mm on the inside.”
  7. “Permanently adjust windows that open directly into the pool area so they can’t open more than 100mm (using a window lock alone does not comply).”
  8. “Install permanently fixed security screens on windows to prevent a child gaining access to the pool from inside the house.”
  9. “Ensure your louvres have gaps of less than 100mm between the blades.”

A new garden bed raised against the fence can lower its height from the ground, and a shrub that grows into the 900mm space can become something to climb. Planting plans for a pool area can keep both tips in view from the start.

Resuscitation sign

The resuscitation sign at a regulated pool

The Building Regulation 2021 requires a resuscitation sign: “(2) A sign complying with subsection (3) (a resuscitation sign) must be displayed at a regulated pool.” The requirements in subsection (3), in order; subsection (4) adds more on the sign’s wording and materials:

Building Regulation 2021 · Resuscitation signs, Act, s 231D

“(3) For subsection (2), the resuscitation sign must”

  • “(a) be attached to the barrier for the regulated pool, or displayed near the pool, so that the sign is conspicuous and easily visible to anyone near the pool; and”
  • “(b) be at least 300mm x 300mm in size; and”
  • “(c) be made of durable and weatherproof material; and”
  • “(d) include a statement that is prominent on the sign explaining to anyone reading the sign how to act in an emergency, including, for example, telephoning for an ambulance, staying with the injured person, calling for help and providing first aid; and”

The regulation’s example of what the sign must state:

“In an emergency phone 000 and ask for ambulance. Stay with injured person, call for help and resuscitate.”

  • “(e) show information about the procedures for providing first aid, including performing cardiopulmonary resuscitation in the way stated in” the Australian Resuscitation Council’s ANZCOR guideline 8, on cardiopulmonary resuscitation (CPR), published in January 2016.

Where the sign goes is part of the garden plan: on the barrier, or near the pool where anyone by the water can see it.