Pool fence rules while your pool is being built in Queensland

While a pool is being built in Queensland, it needs a warning sign out the front from day one. It doesn’t need a full pool fence until it is about to be filled to 300 mm or more. Before that happens, the building certifier must inspect and approve the fence, and the pool can’t be filled until they do.

Do I need a sign while the pool is being built?

Yes. A warning sign must go up before construction starts. QBCC says it must:

• warn that a pool is under construction and that it is dangerous for young children, for example “Danger. Swimming pool under construction. Keep children out.”
• be within 1.5 m of the road frontage and visible from the road
• have its bottom edge at least 300 mm above the ground
• be weatherproof, with bold letters at least 50 mm high

You only need one sign, on one road frontage. Ask your builder whether they supply it.

Does an empty pool need a fence?

The law doesn’t require a compliant pool fence until the pool is about to hold 300 mm of water. QBCC notes a temporary fence may still be a good idea while the hole is open, for safety on the work site. A deep hole and wet clay are dangerous for children even with no water in them.

Can I use a temporary pool fence?

Yes, for up to 3 months, but only if the building certifier who approved your pool has inspected and approved it. The certifier should give you a Form 16 inspection certificate.

If you need the temporary fence for longer than 3 months, the certifier must inspect it again and give written approval to keep using it. A permanent compliant fence has to be built before the certifier will sign off the finished pool.

When can I fill the pool?

Only after the certifier has inspected and approved the pool fence. Then they issue a Form 17 final inspection certificate (or a Form 11 for some buildings) and send a copy to QBCC, which adds your pool to the pool register.

Don’t let anyone fill the pool past 300 mm before that certificate is issued, even “just to test it”.

What are the main pool fence rules?

The fence must meet the state’s pool safety standard. QBCC’s key points are:

• Height: at least 1200 mm from the finished ground, measured at every point, including on slopes and stairs.
• Gap underneath: no more than 100 mm.
• Gaps in the fence: no more than 100 mm in any direction.
• Climbing: the rails on the outside should be at least 900 mm apart, so a child can’t use them as a ladder. If they are closer, the fence needs changes so it can’t be climbed. Keep things a child could climb, such as chairs and pot plants, at least 900 mm away from the fence.
• Gates: must close and latch by themselves, without being pushed, and must never be propped open.
• Glass: panels must be reinforced glass with no cracks, and no ledge on the outside wider than 10 mm.

Plan where the pump and filter go too. They must not be placed where a child could climb them to get over the fence.

If you are building a pool fence higher than 2 m, ask your council first.

Can my boundary fence be part of the pool fence?

It can, if it is at least 1200 mm high, can’t be climbed from your neighbour’s side, and has nothing climbable within 300 mm on your side.

If the dividing fence needs work for your pool:

1. Talk to your neighbour first.
2. Give written notice. You must give them a Form 39 notice at least 14 days before starting, or at least 1 month if they also have a pool.
3. Keep the style. Use similar materials and colours to the existing fence unless that would stop it complying. A fence over 1800 mm high must be replaced at the same height unless your neighbour agrees.
4. Expect to pay. The pool owner pays the full cost of work needed to make the pool fence comply. If both neighbours have pools and both need the work, you share it equally.

If you can’t agree, either of you can apply to the Queensland Civil and Administrative Tribunal (QCAT), but only within 2 months of the Form 39 being given.

Who builds the pool fence?

The pool licence covers pool fencing and paving that go with the pool, so many pool builders do the fence too. Others leave it to a separate fencing company. Check your contract says who builds it, and that it is finished in time for the certifier’s inspection.

Find pool builders under Swimming Pool Construction, Installation and Maintenance.

After the pool is finished

The owner must keep the pool fence in good condition at all times. Pool owners also need a pool safety certificate to sell or lease. See pool safety: certificates, inspections and registration.