For pool safety information please visit the Queensland Building and Construction Commission (QBCC) website. The QBCC is the responsible agency for pool safety including pool safety inspector licensing, compliance and disciplinary functions. Their pool safety website provides useful information about State Government pool fencing safety standards and requirements effective from 1 December 2015. You can also call them on 13 93 33.
Logan City Council has transferred all registered regulated pool details to the Queensland Government to add to the State pool Safety Register. Please check the register to see if your pool is registered - if not please contact the QBCC on the details above.
For information about pool safety legislation in Queensland, please visit the Department of Housing and Public Works website.
Purchasing a pool or spa
Please be aware that a new pool or spa requires a building works permit and a final inspection certificate. The compulsory pool fence/barrier has to be compliant with current Standards and Regulations (MP 3.4 - Swimming pool barriers ).
Most inflatable pools or portable pools fall into this category, if they can hold water more than 300mm in depth, have a volume more than 2000 litres or have a filtration system.
Pool ownership obligations
Both new and existing residential pools must be upgraded to comply with pool safety standards (Queensland Development Code Mandatory Part 3.4). An isolating pool fence must be in place. This includes the requirement for compliance of child resistant doors previously used as pool barriers for existing pools i.e. self-closing and self-latching doors.
- Registering your pool: You need to register your pool on the State pool Safety Register.
- If your pool does not comply with requirements and Council is made aware of this, enforcements action may result (which can include fines and/or legal action). To avoid a fine, seek advice from a private pool safety inspector about compliance options and obtaining a compliance certificate.
- Compliance with pool safety standards is required if the property is sold or leased. A Pool Safety Certificate (Form 23) will be required in this respect from a licensed Pool Safety Inspector. Please refer to the State pool Safety Register.
- Portable pools and spas: These State laws are applicable to portable pools and spas deeper than 300 millimetres. Please ascertain the cost of a complying pool fence before you purchase a portable pool or spa.
- Pools under a body corporate (i.e. pool on common property that is 'shared'): a Pool Safety Certificate will be required in this respect from a licensed Pool Safety Inspector. Please refer to the State pool Safety Register.
- Pools at hotels, motels, caravan parks and other short term accommodation where the pool is 'shared': a Pool Safety Certificate will be required in this respect from a licensed Pool Safety Inspector. Please refer to the State pool Safety Register.
- Pool Safety Certificates: The term of a Pool Safety Certificate is 2 years for a non-shared pool and 1 year for a shared pool. To obtain a Pool Safety Certificate, locate and engage a pool safety inspector from the State Pool Safety Register.
- Only in limited circumstances (e.g. disability) can an exemption be granted.
- Please be advised that it is still a requirement to get a development permit from a private certifier after Council has made a decision if and to what extent an exemption for the pool fencing has been granted.
- Applications for exemptions must be made to Council:
- You will need to supply:
- an application for Pool Safety Standard Exemption (PDF 33 KB)
- a site-plan of development, which contains proposed alternative solutions to prevent a young child accessing the pool.
- Certificates where applicable.
- Supporting documentation of the alternative solutions.
- Council must be given access for a site inspection.
- Fees must be paid in full.
- You will need to supply:
- An exemption ceases to have effect if:
(a) the applicant stops being the owner of the regulated pool; or
(b) the person because of whom the exemption was granted is no longer an occupier of the land on which the pool is situated; or
(c) it would no longer be physically impracticable for the person because of whom the exemption was granted to access the pool if it complied with the pool safety standard.
Pool safety concerns
Logan City Council has a very high emphasis on customer service excellence and will make every effort to combine this with any required enforcement actions. Council officers will assist customers to achieve compliance with requirements, where a breach is detected. Customers are encouraged to comply voluntarily and to communicate with Council on a regular basis during the process. If an amicable solution cannot be progressed, Council is obliged under legislation to explore other available options which may involve fines or legal action.
If you have identified an issue with pool safety (e.g. relating to fencing) on another property, you can notify Council in writing via post, email or one of our customer service centres (see Contact Council). Logan City Council takes privacy laws very seriously and your details will not be disclosed to the property occupants or owners. You can choose to lodge your concern and request to remain anonymous.
Portable pools and spas
Portable pools and spas can pose a serious safety risk to young children. A number of child drownings in recent years have occurred in portable pools and spas.
If your portable pool or spa can hold more than 300 millimetres of water, has a volume of more than 2,000 liters or has a filtration system, the laws apply to you. You will need to:
- Obtain a certificate from a licensed building certifier stating that your pool complies with the pool safety standard, before filling the pool or spa with more than 300 millimetres of water.
- Obtain a building approval.
- Register your pool or spa.
If you are selling, buying or leasing your property with a pool or spa, a safety certificate is required from a licensed pool safety inspector. Alternatively, the portable pool or spa can be removed.
Fines for inadequate fencing
The state government's pool fencing requirements allow Council to issue on-the-spot fines (7 Penalty Units** for an individual and 20 Penalty Units** for a corporation) to owners of pools/spas that do not have adequate fencing.
Failure to comply with an enforcement notice may result in a Penalty Infringement Notice of 20 Penalty Units** for an individual and 100 Penalty Units** for a corporation and/or prosecution.
** One Penalty Unit is $133.45 since the 1 July 2019.
Unused pools (preventing health concerns)
If you are not going to use the swimming pool anymore but you do not want to permanently get rid of it, or you are not going to use it for an extended period (e.g. during winter or a long trip away), there are two options available:
1. Keep the filtration and chlorination devices running as normal, so that:
- The pool water will not go stagnant and encourage mosquito breeding;
- Organic matter such as tree leaves that may have fallen into the pool does not have a chance to accumulate, decompose and cause a smell; and
- Algae will not grow, decompose and cause a smell.
2. Take one or more of the following measures:
- Keep the water in the pool covered or treated with kerosene, other suitable oil, or other suitable substance
- Keep the water stocked with mosquito-larvae-destroying fish
- Completely draw off or empty all water from the pool and allow the interior to dry, or thoroughly scrub all parts of the interior of the pool after emptying, at least once in every seven days. Please note that in time, a drawn-off pool may crack or even collapse. Please consult a pool construction/maintenance consultant for advice prior to draining.
Decommissioning a pool
Pool safety legislation provides an opportunity for pool owners to decommission (or remove) a swimming pool or spa from their private property, as an alternative to complying with pool safety standards. Please see our Decommissioning of Pools (PDF 155 KB) fact sheet for more information. The fact sheet includes a form that can be used to notify Council once the pool has been decommissioned.
Responsibilities of the local government
Logan City Council has no current local laws regarding pool safety, however as the local government authority in the City of Logan, Council has the following responsibilities (from the Queensland Government):
- Mandatory inspection after a pool immersion incident notice from Queensland Health was received, concerning a young child under the age of five.
- Mandatory inspection after a written pool safety complaint notice in regards to pool safety was received.
- Mandatory inspection after a notice from the QBCC.
- An information request is made from the QBCC in regards to the 3 above points and connected conducted actions.
- Four yearly pool safety advisory notifications to pool owners. This information can be provided with rates notices or as a separate flyer. The aim is to provide pool owners who have no pool safety certificate for at least four years, but the pool is on the pool safety register, with pool safety information.
- Assist with records for the pool safety register, which is a public register of all registered pools. Pool owners can add or remove their pools after contacting the QBCC.