Swimming Pool Laws Start 1St Dec 2010

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The new pool safety laws have only just been finalised and passed by parliament, they will put 1 standard in place for Queensland. Existing pools must be upgraded when the pool safety standard application day occurs.

Pool safety standard application day for common property (shared pool) is the earliest of the following *If the building is sold & a pool safety certificate is not in effect, the owner must provide notice to the buyer on the approved form, before settlement: the buyer has 90 days after day of settlement to get the certificate *If there is a certificate, the owner must provide the form to the buyer before settlement *If an accommodation agreement is entered into, and a pool safety certificate is not in effect when the agreement is entered into, 90 days after the agreement is entered into *The day a pool safety certificate is first in effect for the pool however there is a postponement day for the application day *For holiday letting 6 months from commencement *For pools other than holiday letting, 2 years from commencement *The day that is 5 years after the 2010 Act commencement date.

Pool safety standard application day for shared pools the owner must, before entering into an accommodation agreement ensure a copy of the pool safety certificate is conspicuously displayed as near as practicable to the main entrance of the premises or on each gate or door giving access to the shared pool OR for shared pools without a pool safety certificate the owner must, before entering into an accommodation agreement give in the approved form to each of the following; the occupier, the owner of the shared pool (body corporate), the chief executive of the DIP Pool safety standard application day for a house (non shared pool) is the earliest of the following *If the building is sold & a pool safety certificate is not in effect, the owner must provide notice to the buyer on the approved form, before settlement: 90 days after day of settlement *If there is a certificate, the owner must provide the approved form to the buyer before settlement *The day an accommodation agreement is entered into (new tenancies & renewals after commencement date) *The day a pool safety certificate is first in effect *The day that is 5 years after the 2010 Act commencement date All properties with regulated pools need to be added to the state managed pool register within 6 months of the 1st of Dec 2010.

Pool owners need to check the register within 6 months after the laws start to ensure their pool is registered www.dip.qld.gov.au. A regulated swimming pool is situated on regulated land & includes barriers for the pool. A swimming pool is an excavated or structure that’s *capable of being filled with water to a depth of 300mm of more *capable of being used for swimming, bathing, wading, paddling or some other human aquatic activity *solely used for the above purposes despite its current use. This includes spa pools, spa tubs or similar things whether portable or fixed and wading pools (other than portable wading pools). What is not a swimming pool; fish pond or pool solely or principally used for ornamental purposes, a dam or tank solely or principally used for aquaculture, marine research or storage of water, a watercourse e.g. canal, creek river or stream, a lake or other natural collection of water, a portable wading pool.

The owner of a regulated pool must ensure the pool complies with the pool safety standard for the pool and all barriers for the pool are kept in good condition. The life of a pool safety certificate (Form 23) *for a pool that is shared; 1 year after commencement *for a pool that is not shared; 2 years after commencement. We are currently in discussions with pool safety inspectors and will be in contact with our permanent rental landlords who have non shared pools shortly to assist you with organising your pool safety certificate. For our owners with buildings managed by North Shore Body Corporate they are already organising what needs to be in place.

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