The Queensland Building and Construction Commission (QBCC) urges people to check their pool is safe and educate those around them on their pool safety responsibilities, including keeping the pool gate firmly shut at all times.

Pool owners are required by law to ensure their pool is fenced and meets the swimming pool safety standard. The standard covers:

• the required height and strength of fences
• non-climbable zones
• gates and their self-closing and self-latching requirements
• how to prevent direct access from a building into a pool area
• mandatory CPR signage

A swimming pool is defined as an above or belowground structure and includes all temporary pools and spas (including small inflatable pools) that can hold 300mm of water or more.

While active adult supervision is recommended when children are swimming, sadly many young lives are lost each year in drowning related incidents; half of those tragic incidents occurring in backyard swimming pools.

To assist in keeping children safe, the QBCC recommends:

• removing furniture or structures that children may climb to access the pool
• packing away pool toys
• never leaving pool gates open – propped or tied back 
• checking the pool fence, gates and access meet safety standards on a regular basis

Additionally, all rented properties with pools are required to have a pool safety certificate. Pool safety certificates can only be issued by QBCC licensed pool safety inspectors – confirming the pool is compliant at the time of inspection. 

Pool safety certificates are valid for one year for shared pools and two years for non-shared pools, and are required when buying, selling or leasing a property. If you are not selling, buying or leasing your property your pool barrier still needs to be compliant.

Useful resources

More information on pool safety compliance is on the QBCC website and people can also search the pool register to find out if a pool at a particular address meets safety requirements. 

Alternatively, more information can be found via the below resources:  

• QBCC pool safety educational video
• QBCC guide to pool safety for homeowners
• Department of Housing and Public Works - pool safety
• Guideline for pool owners and property agents
• Queensland Government pool safety guidelines

When it comes to pool safety laws, the QBCC are responsible for: 

• licensing pool safety inspectors
• investigating complaints 
• auditing 
• enforcement action, and
• maintaining a register.

We have a different role to the elected state government, the Department of Housing, Local Government, Planning and Public Works, and local governments.

The elected state government makes decisions about policy matters and creates building standards and laws which govern the industry.

The Department supports the state government by giving advice and recommendations, implementing decisions and drafting laws.

Local governments also have a role in pool safety, which includes: 

• enforcing compliance with the pool safety standard 
• entering properties to inspect pools
• issuing fines or prosecuting owners of non-compliant pools
• considering impracticality or disability exemptions for pool fences
• cancelling pool safety certificates for non-compliant pools, and
• declaring areas as ‘remote’ to minimise inspection costs for pools in remote areas.

For more information on pool safety, visit Swimming pools and follow us on social media. See links at the bottom of this page.

More information

• Local council's role in pool safety
• Role and responsibilities of a pool safety inspector
• Swimming pools

In Queensland, all swimming pools and spas that can hold more than 300 millimetres in depth of water must have a compliant safety barrier to restrict children from accessing the pool area.Queensland Family and Child Commission (QFCC) Principal Commissioner Luke Twyford said the number of drownings and non-fatal immersions registered in Queensland over the past decade was concerning.

“Drowning is the leading external cause of death for Queensland children younger than five, which is particularly distressing given it is considered preventable,” Mr Twyford said.

“Queensland’s child death register shows 40 children aged 0–4 years drowned in regulated pools between 2011 and 2021 and a further 853 required medical attention resulting from a non-fatal immersion.

“Concerningly, the numbers we are seeing around child deaths suggest pool owners may be becoming complacent when it comes to pool safety.

“Queensland has strong and robust laws when it comes to swimming pool fencing, but fences are only effective if they are properly used and maintained.

“This SWIMSAFER Week, we’re asking everyone to revisit swimming pool safety—that means making sure your pool fence is compliant, avoid deliberately propping the gate open, ensure the gate is self-latching and self-closing, removing obstacles that children can use to climb the fence, and always ensure young children are actively supervised while in the backyard.”

Queensland Building and Construction Commission (QBCC) Commissioner Anissa Levy said owners of properties with swimming pools are responsible for pool fence compliance.

“Pools and spas can be a lot of fun, but safety should always be at the forefront of our minds,” Ms Levy said.

“Every pool owner is legally responsible for ensuring their pool barrier complies and that the barrier is always kept in good condition.

“An on-the-spot fine of more than $2,000 for homeowners and more than $6,000 for a body corporate can be issued for failure to obtain a safety certificate as required when they buy a home with a pool.

“Short-stay accommodation providers must also have a valid pool safety certificate when renting out a property with a pool. This includes owners who decide to rent out a holiday home, part of their home, or even just a room, as short-stay accommodation.

“Failure to ensure a pool gate is securely closed at all times when not in use is an offence carrying a maximum penalty of over $23,000–this includes propping a pool gate open.”

While local councils are responsible for taking enforcement action over non-compliant barriers, the QBCC licenses pool safety inspectors (PSI).

“In 2021–22, the QBCC received 30 complaints against PSIs. Of these, 19 received disciplinary action that resulted in fines,” Ms Levy said.

“If a pool safety inspector doesn’t thoroughly inspect every aspect of the fence and doesn’t do multiple tests to ensure the pool gate self-closes and self-latches from every open position, including resting on the latch, they cannot be doing a thorough inspection and may overlook nonconformities.”

Ms Levy also reminded everyone to familiarise themselves with pool fencing and gate requirements including those around inflatable pools.

“These pools are a drowning risk for children, and people who install them without the appropriate fencing can be hit with on-the-spot fines of more than $900,” Ms Levy said.

“Last financial year, 40,638 pool safety certificates were issued, which included 33,271 for non-shared pools and 7,367 for shared pools.

The QBCC referred 32 properties to local governments in 2021–22 because the pool barrier was unsafe.”

For more information on pool safety and compliance visit the QBCC website and if you have concerns about a potentially noncompliant pool, notify your local council.

BACKGROUND

Queensland Health immersion reports are provided to the relevant local government, which is required to inspect the site of the immersion.

If the local government inspection raises concerns about the pool fence at the site of the immersion, the local government takes enforcement action to ensure the pool complies.

If the local government inspection suggests a breach by a pool safety inspector, it is referred to the QBCC, which takes action with the relevant inspector.

 

Compliant pool barriers help save lives by restricting young children from accessing swimming pools.

All pools, including spas and some portable pools, must comply with the pool safety standard.

The standard applies to new and existing pools in houses, unit complexes, hotels, motels, backpacker accommodation, caravan parks and mobile van parks.

Pool rules

Here are some easy to remember “pool rules” or tips to help you navigate through the legal requirements so that you can learn more about your responsibilities as a pool owner.

Remember these pool rules:

• Compliant fence
• Self-closing gate
• Move climbable objects
• Display CPR sign
• Supervise young children

Pool safety inspectors

While your role and responsibilities as a pool safety inspector don’t change with the seasons, a swim in a pool becomes a lot more inviting as the days heat up.

So, it’s more important than ever, pool barriers are compliant at a time when children may be tempted to try and climb in for a swim to cool down.

You can avoid making common errors when conducting a pool inspection by checking out our educational videos for pool safety inspectors.

Short-stay accommodation providers

Short-stay accommodation providers are required to have a valid pool safety certificate when renting out a property with a pool.

This includes you – if you decide to rent out your holiday home, home, part of your home, or even just a room, as short-stay accommodation (think Airbnb etc).

So, before you rent out your property with a pool as short-stay accommodation make sure you are meeting your legal requirements when it comes to pool safety.