What happens if your pool fails inspection

If your pool doesn't meet the pool safety standard, the inspector gives you a Form 26 nonconformity notice listing what to fix. You must have the same inspector re-inspect within 3 months. If that doesn't happen, the inspector must tell your council, which can fine you.

When you won't get a notice

The inspector doesn't issue a nonconformity notice if either:

• they re-inspect within 2 days of the first inspection and the pool now complies, or
• you agree that the inspector will carry out minor repairs within 20 business days of the inspection.

What the notice tells you

It explains how the barrier doesn't comply and what you need to change. If anything is unclear, ask the inspector.

The 3-month re-inspection

• Fix the problems and have the same inspector re-inspect within 3 months.
• You can't get another inspector to certify the pool within those 3 months. Fines apply.
• In some cases, such as the inspector becoming ill, you can apply to QBCC for another inspector.
• If you're a buyer working to the 90-day deadline after settlement, a nonconformity notice doesn't extend it.

Repairs and building approval

QBCC says some small fence repairs and maintenance don't need a building approval, but they must still meet the pool safety standard. The Queensland Government adds that approval isn't needed if the barrier meets the standard and stays within the height limits: no higher than 2 m above ground (or above a retaining wall), and any part more than 2 m high can't be within 1.5 m of a boundary. It says small damage, such as palings, hinges or latches, can be repaired to the same standard as the existing barrier, but damaged or missing sections must be replaced to the current standard. QBCC's non-climbable zone page lists simple fixes for common failures: shielding an object that can't be moved, trimming branches within 900 mm, and making the ground under the fence solid so the gap stays under 100 mm. Ask your inspector whether a particular job needs approval.

If you hire someone, they need a contractor's licence for work worth $3,300 or more. Doing the work yourself? Work you estimate at more than $11,000 including labour and materials needs a QBCC owner-builder permit first.

Replacing the whole fence

Engage a pool safety inspector before you start. They inspect and issue a nonconformity notice that sets out what's needed, then the same inspector comes back within 3 months to check the finished work. Use a temporary fence while sections are removed.

If you disagree

You can appeal a nonconformity notice to the Development Tribunal within 20 days of it being issued.