QLD Pool Regulations
December 2009 Swimming Pools Safety Laws
Stage One:
Stage one is proposed to take effect on 1 December 2009 and apply to new residential swimming pools. It will include:
- simplification of pool fencing laws to the latest pool fencing standards
- For a swimming pool constructed before 1 February 1991, compliant pool fences:
- must be at least 900 mm in height and constructed to inhibit access by young children to the pool area
- can have horizontal rails closer than 900 mm if the fence was constructed in a way that was likely to inhibit children from climbing over it
- can have vertical poles greater than 100 mm apart if the fence was constructed in a way that was likely to inhibit young children accessing the pool area
- must have the top of the fence set at least 900 mm away from the ground or the closest point of any object which could provide a foothold
- must protect all openings from a building giving access to the pool area so that they inhibit access by young children from a building to a swimming pool
- can incorporate openings that were lawfully constructed according to a local council law existing before 1 February 1991,
- provided the local law related to inhibiting access by young children from a building to a swimming pool does not need to take into account objects that were reconstructed or placed on adjoining land when compliance with AS 1926–1986 was determined
- does not require isolation of the pool from a watercourse (see definition of watercourse), unless specifically required by the local government.
- For swimming pools constructed between 1 February 1991 and 29 April 1998, compliant pool fences:
- must be at least 1200 mm in height and constructed to inhibit access by young children to the pool area
- must not have horizontal rails closer than 900 mm apart
- must not have vertical posts greater than 100 mm apart or any gap under the fence greater than 100 mm
- must have no less than 1100 mm between the top of the highest lower horizontal support and the top of the fence
- can have protected windows, but cannot have any door openings giving access to the pool area without local council approval
- does not need to consider things on adjoining land when determining compliance with AS 1926–1986
- does not required the pool to be isolated from a watercourse (see definition of watercourse) unless specifically required by the local government
- can incorporate the external walls of a class 10 building (garage, garden and storage shed). Any openings in the class 10 building must not provide access from outside the building into the pool area
- must have the top of the fence set at least 900 mm away from the ground or the closest point of any object which could provide a foothold
- For swimming pools constructed between 30 April 1998 and 30 September 2003, compliant pool fences:
- must be at least 1200 mm in height and constructed to inhibit access by young children to the pool area
- must not have horizontal rails closer than 900 mm apart
- must not have vertical posts greater than 100 mm apart or a gap under the fence greater than 100 mm
- can have protected window openings
- must not have protected door openings providing access to the pool without an exemption from the local council
- must have the top of the fence set at least 1200 mm away from the ground or the closest point of any object which could provide a foothold
- For swimming pools constructed between 1 October 2003 and 31 August 2006, compliant pool fences:
- must be at least 1200 mm high and constructed to inhibit access by young children to the pool area
- must not have horizontal rails closer than 900 mm apart
- must not have vertical posts greater than 100 mm apart or a gap under the fence greater than 100 mm
- must have protected window openings
- must not have unprotected or protected door openings
- must have the top of the fence set at least 1200 mm away from the ground or the closest point of any object which could provide a foothold
- must be constructed around swimming pools that are not fully enclosed by the walls of a building
- must be inspected by a building certifier and approved prior to the swimming pool being filled to a depth of more than 300 mm. The amendment (Standard Building
- Amendment Regulation [No. 3] 2005) provided an alternative to the swimming pool fence provided in the standard (AS1926.1). As an alternative to the fencing shown
- in the standard (AS1926.1-1993) a fence can be compliant if:
- the fence, when measured from the pool side, is at least 1.8 m high above the ground
- a young child could not dig through or under the surface below the pool fence
- there is a clear span of 900 mm measured at all angles from the top of the fence
- if the fencing is constructed from perforated material or mesh, the holes in the material are no more than 13 mm
Additional requirements:
Warning signs
Before construction of a swimming pool begins, a warning sign must be displayed on the land until a fence complying with the pool fencing standards has been constructed and approved.
Resuscitation sign
A pool owner must ensure that a resuscitation sign showing procedures for providing first aid is displayed near the pool.
No changes were made to the technical provisions of the swimming pool fencing standards on 1 September 2006. The main changes to the legislation clarified the definition of an indoor pool as a swimming pool on a deck or the roof of a building that is only accessible from within the building.
- provisions to allow temporary fencing for pools under construction
- ensuring all new swimming pools undergo mandatory fi nal inspections
- mandatory cardiopulmonary resuscitation (CPR) signage that meets current best practice
- development of a model swimming pool register
- better reporting of immersion incidents from Queensland police
Stage Two:
Stage two—to be implemented later in 2010 and will mostly target existing swimming pools, including:
- rationalisation of 11 current pool fencing standards to just one standard for all pools, both new and existing
- a mandatory point of sale and lease inspection system
- phase out of child-resistant doors used as pool barriers for existing pools
- wider application of state laws to include indoor pools and pools associated with hotels, motels, caretaker residences and caravan parks
- a swimming pool register
- fencing for all portable pools deeper than 300 millimetres
- narrowing the ability for councils to create local pool laws where state laws apply
- councils to gain greater powers of entry for safety inspections
- model local law for councils who wish to cover pools outside state laws.
This page will be updated as the legislation is rolled out. Stage one is the only current official legislation changes.
