Oct2012_SWIMMING POOL FACTS
Since the 1st December, 2010, safety barriers surrounding swimming pools are the focus of new Legislation in Queensland. This new Legislation is referred to as QDC MP 3.4, and until 1st December 2015, only applies to those Homes which are to be sold, or rented.
The initiative of the new Legislation has had a dramatic effect upon our Children’s safety around Pools. The State average has been considerably reduced, and Queensland is the leader in accident prevention herein.
However, despite the fact that the compliance with the new act is not applicable until 2015, for those not selling or renting, it is still a responsibility to ensure that your pool barriers conform to the old Standard (as1926/as1927). This, in the past, was part of Councils responsibility in performing random checks on pools. However, the instances of these random checks has been reduced by the introduction of the new Legislation, and herein lies a distinct problem for pool Owners.
A recent case in NSW (whom are shortly to adopt the QLD Legislation), highlights the need to ensure adequate protection for our Children and visitors. An Owner in Northern NSW did not keep his safety barriers in order, allowing access to uninvited persons. One of whom was fatally injured, and the Pool Owner is subject to Manslaughter charges, and compensation to the affected victims Family. In that instance, it was simply a matter of noncompliance with the AS1926/AS1927 provisions.
Ironically, as part of Queensland’s new Legislation, with the cut off date being 2015, wherein all pool owners shall require a Pool Safety certificate, there is still a problem wherein if the old Legislation is not adhered to in the meantime, there is potential for a repeat of the NSW incident. That would be a tragic, and costly circumstance.
There is a trend towards additional Landscaping around pools, involving structures, and vegetation. Whilst these may be attractive, they can be the cause of ingress to your Pool. These items may be inherited when the Property was bought, or in turn additions since purchase.
As such, now is an opportune time to assess the safety of your pool. The new Legislation can be researched through the Pool Safety Council, and the reference QDC MP 3.4 applies. That data will constitute the 2015 requirements.
However, it is strongly advised that Owners prepare for the 2015 compliance, by having your Pool Barriers checked for Safety. Public Liability Insurers would assess compliance with the old act, should an incident occur, hence, a quick call to your Insurer would reveal their attitude towards coverage. But, the responsibility will still rest with Owners.
There is no doubt, that as the date of the new compliance approaches, costs for repairs or alterations shall increase. Hence, it is reasonable to assume that if the required steps are taken now, then the elevated costs, including materials, labour, and the Legislated fees, shall be kept to current prices. Mind you, the Fees for certificates have already had CPI increases.
As a Licenced Pool Safety Inspector, and also a BSA Licenced Contractor, I evidence a multitude of noncomplying pool barriers, wherein the Owners do not see a need to rectify. Whilst the new legislation does allow for some form of time, there is still a requirement to prevent any access to your pool.
If you have any doubts about your pools safety aspects, the best method is to engage a Pool Safety Inspector, or in turn a qualified Contractor (Fencing), and gain an assessment of your needs, and also gain an explanation of the future requirements.
As a resident of Dayboro, I am passionate about Pool Safety, and preventing the loss or injury to our Children or Guests. As such, I would welcome the opportunity to discuss the requirements, or visit your Property and offer plausible methods of conformity to the new Legislation. With that in mind, I can be contacted on 0412 721 760, or email at asufencing7@bigpond.com.
Dennis Bell,
Ph 0412 721 760
1415 Dayboro Road,
Rush Creek 4521
However, despite the fact that the compliance with the new act is not applicable until 2015, for those not selling or renting, it is still a responsibility to ensure that your pool barriers conform to the old Standard (as1926/as1927). This, in the past, was part of Councils responsibility in performing random checks on pools. However, the instances of these random checks has been reduced by the introduction of the new Legislation, and herein lies a distinct problem for pool Owners.
A recent case in NSW (whom are shortly to adopt the QLD Legislation), highlights the need to ensure adequate protection for our Children and visitors. An Owner in Northern NSW did not keep his safety barriers in order, allowing access to uninvited persons. One of whom was fatally injured, and the Pool Owner is subject to Manslaughter charges, and compensation to the affected victims Family. In that instance, it was simply a matter of noncompliance with the AS1926/AS1927 provisions.
Ironically, as part of Queensland’s new Legislation, with the cut off date being 2015, wherein all pool owners shall require a Pool Safety certificate, there is still a problem wherein if the old Legislation is not adhered to in the meantime, there is potential for a repeat of the NSW incident. That would be a tragic, and costly circumstance.
There is a trend towards additional Landscaping around pools, involving structures, and vegetation. Whilst these may be attractive, they can be the cause of ingress to your Pool. These items may be inherited when the Property was bought, or in turn additions since purchase.
As such, now is an opportune time to assess the safety of your pool. The new Legislation can be researched through the Pool Safety Council, and the reference QDC MP 3.4 applies. That data will constitute the 2015 requirements.
However, it is strongly advised that Owners prepare for the 2015 compliance, by having your Pool Barriers checked for Safety. Public Liability Insurers would assess compliance with the old act, should an incident occur, hence, a quick call to your Insurer would reveal their attitude towards coverage. But, the responsibility will still rest with Owners.
There is no doubt, that as the date of the new compliance approaches, costs for repairs or alterations shall increase. Hence, it is reasonable to assume that if the required steps are taken now, then the elevated costs, including materials, labour, and the Legislated fees, shall be kept to current prices. Mind you, the Fees for certificates have already had CPI increases.
As a Licenced Pool Safety Inspector, and also a BSA Licenced Contractor, I evidence a multitude of noncomplying pool barriers, wherein the Owners do not see a need to rectify. Whilst the new legislation does allow for some form of time, there is still a requirement to prevent any access to your pool.
If you have any doubts about your pools safety aspects, the best method is to engage a Pool Safety Inspector, or in turn a qualified Contractor (Fencing), and gain an assessment of your needs, and also gain an explanation of the future requirements.
As a resident of Dayboro, I am passionate about Pool Safety, and preventing the loss or injury to our Children or Guests. As such, I would welcome the opportunity to discuss the requirements, or visit your Property and offer plausible methods of conformity to the new Legislation. With that in mind, I can be contacted on 0412 721 760, or email at asufencing7@bigpond.com.
Dennis Bell,
Ph 0412 721 760
1415 Dayboro Road,
Rush Creek 4521
