If selling or entering into a lease or other accommodation agreement (e.g. hotel stay) for a property with a pool, a pool safety certificate must be obtained from a licensed pool safety inspector. The costs of pool safety inspections are set by the market and pool owners are urged to shop around to get the best deal. Some inspectors can carry out minor repairs such as adjusting or replacing a latch and removing climbable objects such as vegetation if agreed with the pool owner.
Selling and buying
Sellers of properties with a pool must provide a buyer with a swimming pool safety certificate prior to settlement. Alternatively, if the seller does not provide a certificate, the seller must issue the buyer with a notice, Notice of no pool safety certificate - form 36 ( 59 KB), before entering into the contract of sale and before settlement. This form advises the buyer that they have 90 days from settlement to obtain the certificate from a licensed pool safety inspector. Under this option, the buyer is liable for any costs associated with achieving compliance, unless otherwise negotiated as part of the contract.
If there is still no pool safety certificate in effect before settlement and the seller has already given the Notice of no pool safety certificate - Form 36 to the buyer, then they do not need to give the buyer a new form unless the information required by the form changes between contract and settlement. The seller does however need to give the Notice of no pool safety certificate - Form 36 to the department. For shared pools, the pool owner (e.g. the body corporate) will also require a copy.
Leases, hotel stays and other accommodation agreements
Property owners entering into accommodation agreements, such as leases or hotel stays, must also obtain a swimming pool safety certificate. For non-shared pools, such as pools for houses, townhouses or units with their own pool or spa, a pool safety certificate is required prior to entering into an accommodation agreement.
For shared pools associated with long term accommodation, such as a body corporate pool in a unit complex, if there is no pool safety certificate in effect, a form 36 ( 59 KB) must be given to the pool owner (e.g. body corporate), the department and the occupant (e.g. tenant). A pool safety certificate must then be obtained by 30 November 2012.
For shared pools associated with short term accommodation, such as a hotel, a Form 36 must be given to the pool owner and the department. A pool safety certificate must then be obtained by 31 May 2011.
Recently built pools
For recently built pools, a final inspection certificate or certificate of classification issued by the building certifier can be used as a pool safety certificate for one year from its date of issue for shared pools and two years for non-shared pools. The certificate can only be used in place of a pool safety certificate if it was issued against the latest pool safety standard - the current Queensland Development Code, Mandatory Part 3.4 and the current CPR sign rules in the Building Regulation 2006. Otherwise, a separate pool safety certificate is required.