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New pool safety laws now in force

CBAS Pool Safety Press Release, Summer 2011

With summer well and truly here, the need for pool safety is vital as children take to the water to cool down.

According to the Queensland Government Department of Infrastructure and Planning, between January 2004 and May 2010, 35 children under five drowned in residential pools in Queensland.  Many of these deaths would have been preventable with improved pool fencing safety in place.

To help safeguard young children from drowning or serious injury in pools, the Queensland Government has recently introduced the toughest pool safety regulations in Australia making it mandatory to have a pool safety inspection for those selling or leasing a property with a pool.

For pool owners not selling or leasing their property, mandatory pool safety inspections will be phased in over the next five years. But why wait until then to ensure your pool environment is safe?

As licensed pool safety inspectors, Coastal Building Approval Service can assist you in ensuring a safe pool environment by conducting safety inspections within 24 hours of booking*.

Director of Coastal Building Approval Service, Gordon Heelan, says that pool owners need not be daunted by the changes in legislation.

“The changes in these laws are quite significant and whilst they are difficult to interpret for the lay-person, qualified inspectors have been specifically trained in the new pool safety legislation,” Mr Heelan said.

 “Whether or not your property with a pool or spa is on the market, we recommend engaging a building certifier to ensure your pool is compliant and safe.”

Mr Heelan stressed the importance of proper pool safety inspections for all pool and spa owners, not only to comply with legislation but also to ensure the safety of all children that may have access to your pool.

“Whilst some people may see these new laws as an inconvenient they could be the difference between life and death.

“Many pool owners make the mistake of assessing the pool environment themselves thinking that a fence will keep young children out of the pool.  However they don’t take into account such things as faulty locks; climbable objects near the pool fence or changes to the surface height of lawns or gardens over time.”

Mr Heelan added that to ensure the safety of young children around a pool environment, pool owners and supervisors should follow the Queensland Government’s ABC of pool safety. 

“The most thorough safety inspection will never fully eliminate the chances of drowning or serious injury in a pool,” Mr Heelan said.

“That is why pool owners and supervisors must take responsibility for children’s safety by A, always supervising children near a pool; B, begin swimming lessons for children and C, closing the pool gate and keeping the fence maintained.”

Mr Heelan said that the changes in legislation will eventually affect all pool owners.

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Updated Pools Legislation Frequently Asked Questions

By Gordon Heelan, CBAS director


Who do the new laws affect?

The new pool safety legislation essentially affects all pool owners, however in the
immediate future; the laws mostly affect contracts of sales involving a property with a
pool. From December 1, 2010 a pool safety inspection is mandatory for those selling or
leasing a property with a pool.


I entered into a contract of sale before December 1, 2010 – is a pool safety certificate still required?

Yes. If a certificate is not in effect before settlement, the purchaser has 90 days from
settlement to obtain a pool safety certificate.


Is it the responsibility of the buyer or seller to organise a safety inspection?

In contracts of sale the seller must either provide the buyer with a pool safety certificate
prior to settlement or alternatively with a Notice of No Pool Safety Certificate (Form
36). This form notifies the buyer that they have 90 days from the date of settlement to
obtain a pool safety certificate.


Are spa tubs and portable pools included in the laws?

Yes, if you have an outdoor spa (regardless of whether it has a cover or not) and an
inflatable pool that holds more than 2,000 litre of water or has a depth of more than
300mm – you are required by law to organise a pool inspection.


How do I obtain a pool safety certificate?

Only pool safety inspectors who are licensed by the Pool Safety Council can issue a pool
safety certificate. CBAS has three licensed pool safety inspectors who can thoroughly and
accurately assess your pool environment. Contact Us for more details.


What happens if the pool does not comply at inspection?

If a pool safety inspector is not satisfied that the pool complies with standards, they must
issue a Pool Safety Nonconformity Notice (Form 26) which outlines how the pool does not
comply and ways this can be rectified. A pool safety inspector will have to again inspect the
pool after the works have been undertaken to assess if the pool complies and issue a safety
certificate.


What if I have a pool but am not selling or leasing my property?

Pool owners that are not selling or leasing their property have until November 2015 to
comply with the new pool safety laws. However as the new laws aim to safeguard young
children from drowning, I cannot stress enough how important it is to obtain a pool safety
certificate to ensure the safety of children within your property.


What are the penalties for noncompliance?

Penalties of up to $16,500 for individuals apply for noncompliance with pool safety laws
including on the spot fines of $1,600. Enforcement action is taken by local government and
in some cases the Department of Infrastructure and Planning.

For more information or to book your pool inspection, contact the team at CBAS.

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This Press Release is available in PDF format:

Articles appear below for your viewing.

There is also a PDF version of the articles at the bottom of this page.

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Article 1: Mackay pools fail safety checks

Story by Tom Williams, The Daily Mercury, 29 November 2010

NINETY per cent of Mackay residences are failing pool safety tests, as people selling or leasing their homes rush to have pools inspected by Wednesday’s deadline.

The toughest pool safety regulations in Australia will come into effect this Wednesday (December 1), in response to alarming figures released by the Queensland Government Department of Infrastructure and Planning, revealing between January 2004 and May 2010, 35 children under five drowned in residential pools in Queensland.

The new regulations make it mandatory for those buying, selling or leasing a house to have a safety certificate issued by a certified pool safety assessor. But Mackay homeowners are finding it difficult to locate inspectors in this area, according to REIQ Mackay zone chairperson Stacey Arlott.

“People are telling me that it is very difficult to get one of the inspectors out to their home, and the deadline is looming.

“The public are very naive to these new laws, when I have been mentioning the new regulations to sellers they are oblivious to the changes,” Ms Arlott said.

“There should have been more time for buyers and sellers, the only way they have been informed is (by) snippets in the paper.”

“People are failing because they don’t even know about the new laws.

“The more times the inspector has to visit a home, the more the homeowner or purchaser has to pay”.

Gordon Heelan, director of Coastal Building Approval Service (CBAS), one of the Mackay businesses that carry out the inspections, said that once the laws came into effect, there would be increased pressure on sale contracts and settlement periods.

“The new legislation introduces updated restrictions on permanent and temporary pools and spas, including (some) inflatable wading pools,” Mr Heelan said.

“We do a comprehensive 10-page report on the pool area and how the house can comply.

“So far, about 90 per cent of the houses have failed the first inspection, mostly with small issues, which can be easily rectified.

“The main issues we are seeing are faulty locks; climbable objects near the pool fence or changes to the surface height of lawns or gardens over time,” Mr Heelan said.

“Whilst some people may see these new laws as an inconvenience they could be the difference between life and death.

If a pool safety certificate is not in effect before settlement, a seller must give the buyer a notice of no pool safety certificate (form 36). The buyer then has 90 days from the date of settlement to obtain a pool safety certificate.

However, Ms Arlott pointed out there may be issues for those who have signed contracts for settlement after December 1.

“If a house goes under contract before December 1 and, for some reason, the new laws have been overlooked, the new buyer could be hit with some big fines,” she said.

Mr Heelan said regulations for current pool owners who were not selling or leasing their properties would be phased in over the next five years.

Available: http://www.dailymercury.com.au/story/2010/11/29/our-pools-are-not-up-to-scratch-mackay-pools-fail-/

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Article 2: Owners rush to have pools checked

Story by Tom Williams, The Daily Mercury, 29 November 2010

MORE people will be trained as pool inspectors to meet demand as homeowners rush to have their pools approved before they buy or sell.

The push is being driven by strict new regulations that come into effect on Wednesday.

The new laws have been introduced in a bid to curb the number of children drowning in backyard pools. Drowning is the leading cause of death in Queensland for children aged one to four years.

With 90 per cent of Mackay households failing initial inspections, certified inspectors in Mackay are run off their feet with appointments.

A pool safety inspection course is expected to be run in Mackay before Christmas.

The two certified course providers, AssentTECS and the Royal Life Saving Society, have received interest from numerous Mackay residents interested in the course.

A spokesperson for the Minister for Infrastructure and Planning Stirling Hinchliffe said while most non-compliances were minor, small defects could cost lives.

“This is exactly why the State Government has introduced mandatory pool safety inspections and certificates as part of the tough new laws,” the spokesperson said.

“It’s important to remember not every pool owner in Queensland needs to get an inspection by or on December 1.

“Only those selling their properties from that date will need to get a pool safety certificate within 90 days of the point of sale; and landlords will need a certificate before they lease or renew a lease on a property with a pool.

“Pool owners who do not sell or lease will have five years to adjust and comply.”

The spokesperson said numerous inspections licenses had been and continued to be issued on a daily basis throughout Queensland.

The laws apply to pools associated with houses, townhouses, units, hotels, motels, backpacker hostels, home stay accommodation and caravan parks.

If no pool safety certificate is in effect, before entering into a contract of sale for a property with a pool, the seller must give the prospective purchaser a notice of no pool safety certificate, informing the purchaser that the pool may not comply with the regulations.

If a pool inspector inspects a pool and is not satisfied that it complies, they will issue a pool safety nonconformity notice, advising owners how their pool does not comply and what has to be done to rectify the problem.

Some pool safety inspectors are licensed to carry out minor repairs and pool owners can carry out some repair and maintenance work themselves.

Once a pool inspector has given notice, the owner has three months to undertake the repairs and arrange a new inspection of the pool.

If owners do not comply, they can be hit with penalties of up to $16,500 for individuals and an on-the-spot fine of $1600.

For more information, visit www.dip.qld.gov.au/poolsafetyguidelines.

REGULATIONS

Apply to pools associated with houses, townhouses, units, hotels, motels, backpacker hostels and home stay accommodation

Come into effect from this Wednesday, December 1

Pool owners not selling or leasing have until November 30, 2015 to comply

List of inspectors at www.dip.qld.gov.au/poolsafetyregister

Non-compliance penalties: Up to $16,500 for individuals and a $1600 on-the-spot fine

Available: http://www.dailymercury.com.au/story/2010/11/29/homeowners-rush-to-have-pools-checked-before-new-d/

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These articles are available in PDF format:

Director of Coastal Building Approval Service (CBAS), Mr Gordon Heelan, said that once these laws come into effect, there will be increased pressure on sale contracts and settlement periods.

“The new legislation introduces updated restrictions on permanent and temporary pools and spas including inflatable wading pools.

“When selling a house, settlement cannot occur until a safety certificate has been issued by a certified pool safety assessor and this may delay a large number of property transactions,” said Mr Heelan.

Mr Heelan said that whilst the new legislation is difficult to interpret for the lay-person, (building) certifiers have been specifically trained in the new pool safety legislation.

“We recommend, if you currently have a property on the market with a pool or are planning to lease your rental property with a pool, to engage a building certifier to ensure your property is compliant with this latest legislation.

“With three certifiers on staff, pool safety inspections are currently being carried out within 24 hours of bookings. We are currently dealing with up to three inspections per day and are doing our best to take the pressure off buyers and sellers trying to reach settlement by Christmas.”

“The new standard introduces a number of regulations that many pool owners will not be aware of. I urge any pool owner, particularly those buying or selling, to get your pool inspected as soon as possible to ensure you are compliant with important safety standards,” Mr Heelan added.

According to the Queensland Government Department of Infrastructure and Planning, between January 2004 and May 2010, 35 children under five drowned in residential pools in Queensland.

“Whilst some people may see these new laws as an inconvenient they could be the difference between life and death.

“Many pool owners make the mistake of assessing the pool environment themselves thinking that a fence will keep young children out of the pool. However they don’t take into account such things as faulty locks; climbable objects near the pool fence or changes to the surface height of lawns or gardens over time.”

Mr Heelan added that regulations for current pool owners that are not selling or leasing their property will be phased in over the next five years.

“All it takes is a phone call or email to set up an inspection and you can have peace of mind knowing that you legally compliant as well as protecting any children that could possibly access your pool or spa,” Mr Heelan said.

Coastal Building Approval Service pool safety packages include inspection; written report; and safety certificate (if eligible) lodged to State Government; local council and pool owner. For further information or to arrange an inspection please call CBAS on (07) 4942 0266 or email admin@ccbuilding.com.au

Snow is a building certifier who was previously employed for 10 years by Mackay City Council at Complete Approval Service in the Building and Plumbing Business Unit. Snow is well-respected by the builders in the Mackay Regional Council area and brings to the company a wealth of knowledge with over 37 years experience in the building industry.

After 20 years as a qualified builder and with his strong track record in both commercial and domestic construction as well as knowledge of building industry, he decided to
pursue a career in building surveying. Today he is a qualified BSA licensed assistant building surveyor and is an accredited member of the Australian Institute of Building Surveyors

Peter is a well-known Mackay local who commenced employment with CBAS in November 2007. Peter brings a wealth of experience and local knowledge to our growing team of certifiers having spent the past 38 years in the building and engineering industry.

As a qualified mechanical and civil engineer, Peter was a lecturer for over 12 years at various universities in the mechanical and civil engineer stream and has consulted the Transport and Works Department for the Northern Territory Government.

Undoubtedly a ‘people person’, our clients easily relate to Peter as he is a very approachable person who understands their issues and enquiries. While he is very capable of applying his knowledge he also has the ability of conveying solutions to give clients a complete understanding.

David joined Coastal Building Approval Service in 2009 as our cadet building certifier. David was previously employed for 22 years by Mackay City Council with his last two years with Complete Approval Service (Mackay City Council’s Building and Plumbing Business Unit).

David is a qualified builder with over 20 years experience in the building industry and is well versed with the requirements of the building industry and what is required to bring a project together from the beginning right through to the end.

David’s outstanding study achievements include being nominated by Central Queensland University to join the ‘Golden Key Honour Society’. David is currently completing an Associate Degree of Building Surveying which illustrates his commitment to his professional development.

In addition to his approval and consultancy role, David is often called upon to help clients in their interpretation of current industry related legislative changes due to his excellent ability to understand laws and communicate with clients on their projects.

David enjoys spending time with his wife and teenage son.

After developing her customer relations and administrative skills in the banking and real estate industries, Trish decided to further her career by joining Coastal Building Approval Service in 2009. Trish’s strong administrative background led her to coordinate our efficient administration team as the admin coordinator for approximately 12 months and Trish has recently taken on the role of finance officer.

As the finance office Trish is responsible for account processing and administration of all building applications as well as overseeing the smooth and efficient operation of the finance department. Trish’s experience and impressive work ethic allow her to continuously improve the business’ financial processes while developing and maintaining an excellent customer service ethos.

Trish dedicates most of her free time to her young family and friends.

Annie has become an integral part of the CBAS team with her unique ability to co- ordinate a busy work schedule whilst applying her knowledge and experience in administration to provide the necessary stability for the company to continue growing.

Being the primary point of contact for all pool compliance enquiries, Annie’s strength lies in her ability to quickly assess the client’s needs, and put them in contact with the right person.

In her spare time, Annie thoroughly enjoys any activities involving the great outdoors.

Katrina’s duties include assisting the administrative staff in their roles as well as data entry; operation of internal administrative systems and co-ordination of applications so that they are processed as efficiently as possible. As the primary point of contact for customer enquiries, Katrina can assist in providing advice and direction to enable you to lodge your building and/or plumbing application.