Swimming Pool Refresher

It is now over 3 years since the swimming pool legislation was updated. I have listed a number of issues that I receive queries on, which you might find useful:

• If a property doesn’t have a current pool safety certificate then you need to give a form 36 even if the seller will be arranging a new certificate before settlement;
  
• You can’t rent a property without a pool safety certificate. If you do then the agent is not entitled to any commission;
  
• You can obtain a copy of the safety certificate or ascertain if one exists from the following website: http://www.hpw.qld.gov.au/construction/BuildingPlumbing/PoolSafety/Pages/PoolSafetyRegister.aspx or alternatively do a google search for “pool safety register”;
  
• For new pools the final approval certificate doubles as a safety certificate for a period of two years;
  
• Safety certificates remain valid for 2 years for private pools or 1 year for shared pools (eg body corporate or motels);
  
• If you buy a property without a safety certificate you have 90 days from settlement to obtain a safety certificate;
  
• If you buy a property which has a safety certificate then you don’t need to obtain a new safety certificate when it expires unless you decide to rent the property. This is very similar to cars. You don’t need to get a road worthy on your car unless you are selling it or are in the process of renting them; and
  
• Spas need a pool safety certificate. You are required to obtain a certificate if the body of water (when full) is 300mm deep and has a filtration system or 450mm deep without a filtration system. So fish ponds may need a certificate but spas will always require a certificate even if they are not being used.