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Last Updated: Wednesday, 12 June 2024 15:16
Person opening glass pool gate

Maintaining pool and spa fences and safety barriers is essential to reduce the number of people drowning and serious immersion injuries in pools. All regulated pools and spas in Queensland must be registered with the Queensland Building and Construction Commission (QBCC) in the Pool Safety Register.

Definition of a swimming pool

Queensland laws define a swimming pool as any structure that:

  • is capable of being filled with water to a depth of 300mm or more
  • is used primarily for swimming, wading, paddling or the like.

This applies to wading pools (including blow-up pools) and spas.

The pool laws don’t apply to:

  • fishponds or structures that have been designed, manufactured, or adapted to be solely or principally used for ornamental purposes
  • portable wading pools that are unable to be filled to 300mm or more, are less than 2000 litres and have no filtration system
  • a dam or tank used, designed, manufactured or adapted for aquaculture, marine research or water storage
  • a watercourse
  • a spa bath situated in a bathroom
  • a birthing pool used solely for water births. 

 

Your responsibilities

Property owners with a pool must:

Property renters with a pool must:

  • keep the pool gate closed
  • ensure no objects are near the pool that would allow children to access the pool
  • print the pool safety checklist and use this as a guide to inspect your current pool for compliance
  • a current cardiopulmonary resuscitation (CPR) sign, meeting QBCC specifications, must be displayed prominently in the pool area. 
  • ensure that if you buy a pool or spa, you ensure it has a compliant pool fence or barrier.

New swimming pools and spas

All new swimming pools and spas require a building approval from a private building certifier and must meet all building and plumbing requirements.

The private certifier who issues the building approval must inspect and certify the pool safety barrier, and the pool must not be filled to a depth of 300mm or more until a satisfactory inspection is carried out and a final inspection certificate (Form 17) has been issued by the certifier.

Selling or leasing a property with a pool

When selling or leasing a property with a pool or spa, a Pool Safety Certificate (Form 23) is required from a licensed pool safety inspector. A list of licenced pool safety inspectors can be found on the QBCC website.

 

Our role in pool safety compliance

We have obligations, responsibilities and powers relating to compliance with Queensland's pool safety laws, including:

  • mandatory inspections
  • information and record keeping
  • deciding and revoking exemptions
  • powers of entry
  • cancelling pool safety certificates
  • issuing enforcement notices
  • prosecution powers, including on-the-spot fines

We consider all reports of non-compliant pool safety barriers as serious and will respond as a priority. All regulated pools must be registered on the Queensland Pool register.

 

Frequently asked questions

+ - Pool fencing requirements Click to collapse

Some of the main requirements for pool fencing include:

  • The pool fence must be a permanent structure.
  • The effective pool fence height must not be less that 1200mm and shall include a continuous non-climbable zone.
  • The maximum distance under the pool fence to ground level is not to exceed 100mm.
  • The maximum gap anywhere in the pool fence is not to exceed 100mm.
  • All objects inside the pool fence that may provide footholds must be moved a minimum of 300mm away from the fence.
  • Pool gates need to open outwards away from the pool enclosure and be self-closing and self-latching from all positions.
  • Direct access from a dwelling into a pool enclosure is not allowable. All entries to a pool must be through an approved pool gate.
+ - Does an above ground swimming pool require a fence? Click to collapse

Yes. The wall of the above ground pool may form part of a compliant pool fence as long it is a minimum of 1.2m above ground level and the sides of the pool are free from bracing, indents, protruding objects and filtration equipment. However, a designated swimming pool access point must be provided and must be enclosed by a barrier, including a compliant self-closing gate.

+ - Does a spa require a fence? Click to collapse

Yes. A spa whether portable or fixed and whether or not it has a lockable lid, comes under the definition of a swimming pool and must have a compliant pool safety barrier (fence).

+ - What type of portable (inflatable) pool can I have without a pool fence? Click to collapse

The only portable pool that is allowed without a pool fence is a small wading pool that:

  • cannot be capable of being filled with water to a depth of more than 300mm (ruler height)
  • cannot hold more than 2,000 litres of water (about 7 bathtubs)
  • has no filtration system (pump and filter).

 

Pool and water safety resources

Pool safety standard

There is now one pool safety standard for Queensland – The Queensland Development Code Mandatory Part 3.4. This code is to be read in conjunction with Australian Standard 1926.1, the Building Act 1975 and the Building Regulation 2006.

Qld State Government

Qld Building and Construction Commission

Other resources

Myths Busted: Watch our video on pool safety myths 

 

Watch our video on pool and spa fence and barrier safety