Frequently Asked Questions

If I do not sell or lease my property, how long do I have to obtain a Pool Safety Certificate?
5 years from the 1st December 2010

If I am buying a property that is settling after 1st December 2010 is the seller required to provide me with a Pool Safety Certificate?

No – The owner can fill in a Form 36 - Notice of no pool safety certificate and present this form to the buyers. The sellers must provide the buyer/s with a copy of the current Pool Safety Certificate if they do not provide a from 36.

How long does it take to get my Pool Safety Certificate after the inspection?
The Pool Inspector must send you the Pool Safety Certificate within 2 business days of the inspection if your pool was compliant.

What happens if my pool fence/barrier is found to be non-compliant?

The Pool Inspector must provide you with a written report outlining within 2 business days of the inspection outlining where your pool barrier is non-compliant and also recommend ways to fix the non-compliance issue/s in order to make it compliant. You will also be issued with a Form 26 - Pool safety nonconformity notice. You have 90 days to arrange the repairs (Be Safe Pool Fence Inspections can discuss the non-conformity issues with a repairer/fencing contractor only after receiving written permission from the pool owner). Within the 90 days you will be required to contact the original pool safety inspector and arrange a re-inspection.

Can I use a different pool inspector for the second inspection if my pool does not pass the first pool safety inspection?

No. You are legally obliged to use the same inspector from the original inspection. If you attempt to use a different pool inspector, the new inspector will know that you have already had your first inspection from another inspector when they check the pool register prior to the inspection.

Part of my pool fence is my boundary fence; if this part is non-compliant can I ask my neighbour to pay for half of the cost?

Not usually, as the pool is on your side, it's your responsibility to ensure your pool fence is compliant and pay for any repairs or upgrades required to meet compliance.

My tenants are due to sign a new lease in April 2011. Does this mean I can wait until around March or April until I arrange a pool inspection?

Yes. You may choose to have your pool inspected closer to the lease renewal date, however pool fence repairers are expected to be extremely busy and may not be able to make your pool fence compliant in time for your new lease renewal date. With this in mind we recommend arranging a pool safety inspection now or risk loosing income when you are unable to rent you property.

I have 2 or more properties with pool that require a pool safety inspection. Can I get a discount if I book both my pool inspections on the same day?

Yes. Be Safe Pool Fence Inspections offers $30 OFF your second pool inspection if booked by the same owner or representing agent on the same day, no more than 30km apart.

If my pool needs repairs - Can I do the repairs?

Yes. The legislation states that you as the owner can repair or adjust the barrier as long as the part repaired is no longer than 2.4m and includes no more than 2 posts. Please refer to the Building Amendment Regulation (No. 4) Page 13 Repairs and maintenance to regulated pools. This information can be found in the Building Amendment Regulation No.4

How do the New Pool Safety Laws affect you on the Gold Coast?

Under the new swimming pool safety laws:
pool safety certificates, issued by a licensed Gold Coast Pool Safety Inspector, are required when selling or leasing a property with a pool. Gold Coast Pool Safety Certificates are valid for one year for a shared pool and two years for a non-shared pool ie: the family pool. The pool safety standards apply to all pools associated with houses, units, hotels, motels, backpacker hostels, caravan parks, mobile van parks and other forms of short-term accommodation
both new and existing pools must be upgraded to comply with the new safety standards within 5 years unless sold or leased first.

All Gold Coast swimming pools need to be included on the state-based pool register by 4 May 2011. It is up to the pool owner to ensure they are on that register or face being fined. Safety barriers are mandatory for all portable pools and spas deeper than 300 millimetres.

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