Swimming Pools

When is a fence required?
Why you should fence your swimming pool?
Who is responsible?
Checklist for pool fences - does your pool fence comply?
Do you have an Above Ground Pool?

When is a fence required?

All swimming pools in Queensland, regardless of when the pool was constructed, are to have a complying fence around it.

A portable wading pool that is capable of being filled with water to a depth of no more than 450mm, has a volume of no more than 2,000 litres, and has no filtration system, does not need to be fenced.

If the wading pool is capable of being filled to a depth of greater than 450 mm, a pool fence must be built, irrespective of whether the pool is filled to a depth of not more than 300 mm and regardless of how often it is used.

A spa pool, whether portable or fixed comes under the definition of a 'swimming pool'.

Above ground pools are required to be fully fenced if the walls of the pool are less than 1200mm high. If the walls of the pool are higher than 1200mm and there are no climbable points, then only the ladder, filter and pump are required to be fenced.

There is no requirement to fence a fish pond or ornamental pond.

Why you should fence your swimming pool

Over the decade from 1992 to 2001, 73 children aged under five years have drowned in residential swimming pools in Queensland. Of these:

21% drowned because the pool was not fenced;
46% drowned because they gained access through the fence (ie. the gate was defective, or the gate was propped open);
13% drowned because they gained access through defective house doors (in three-sided fencing configurations permitted for pools approved prior to 1991); and
in 4% of drowning incidents, the method of access was unclear.

The most common causes in child drownings in residential swimming pools are:

inadequate fencing or no fencing;
lack of gate security;
lack of effective water safety skills;
inadequate supervision; and
lack of resuscitation skills.

Who is responsible?

Under provisions of the Local Government Act the owner of the residential land on which a pool is constructed is responsible for the construction and maintenance of the swimming pool fence. If a person renting a property buys a portable pool that requires pool fencing around it, the owner of the portable pool is the pool owner and that person must ensure the pool has a fence around it.

Checklist for Pool Fences – Does your pool fence comply?

Use the checklist below to ensure that your pool fence is compliant.

Is there a pool fence separating your pool from your neighbour?
Is there a pool fence preventing access from your house to your pool?
Is the outside of your pool fence at least 1.2 metres high all the way around?
Is the bottom of your pool fence less than 10 centimetres off the ground all the way around?
Are all vertical or near vertical members less than 10 centimeters apart?
Are all horiztonal or near horizontal fence rails at least 90 centimeters apart?
Is the top of the pool fence at least 1.1 meters above the highest lower horiztonal fence rail?
Is your pool fence well maintained (ie. No holes, broken members etc.)?
Is your pool fence at least 1.2 metres away from any object that would enable a small child to climb over the fence (eg. BBQs, trees, rocks, shrubs, deckchairs)?
Are there any doors or windows that could allow a child to go directly from your house to the pool area? If so, ensure that all windows are at least 1.2 metres above the floor or do not open wider than 10 centimeters or have security screens.
Do you have a CPR (Cardiopulmonary Resuscitation) clearly displayed?

Does your pool gate:

Close by itself from any open position?
Latch by itself when it closes?
Open outwards, away from the pool?
Never get propped open/tied back or otherwise be obstructed from automatically closing?
Have a latch release which is at least 1.5 meters above the ground?

Do you have an Above Ground Pool?

If you have an Above Ground pool ensure that:

The wall of your pool are least 1.2 metres high all the way around;
The side of the pool is free of bracing, indents, projections, filtration and equipment; and
The ladder and filtration equipment are enclosed by a compliant fence with a self closing latch.

If you believe that your pool fencing does not comply, you should contact your local government. Signficant penalties of up to $12,375 and on the spot fines of up to $525, can be imposed in cases of non-complying fences. You can visit the QLD Government Pool Fencing web pages for more information.

The information contained on this website is provided in good faith. The information provided should not be relied upon as the ultimate and complete source of information on swimming pools and is not intended as a substitute for consulting the relevant legislation or for obtaining professional advice relevant to your particular circumstances. For more specific information about pool fencing requirements please contact us on (07) 4773 8466.