Spas, portable and inflatable pools: do the rules apply?

QBCC says a pool is any structure that can be filled with water to a depth of 300 mm or more and is used mainly for swimming, wading or paddling. That includes spas, wading pools and blow-up pools, fixed or portable. If it can hold 300 mm of water, the pool laws apply: it must be registered and have a barrier that meets the pool safety standard.

What counts as a pool

• In-ground and above-ground swimming pools.
• Spa pools and spa tubs, whether portable or fixed.
• Wading pools, other than portable wading pools that meet the exemption below.
• Portable and inflatable pools that can hold 300 mm or more of water.

What doesn't count

• Small portable wading pools that hold no more than 300 mm of water, have a volume of 2,000 litres or less, and have no filtration system.
• Spa baths inside a bathroom, unless the bath is kept filled to more than 300 mm.
• Fish ponds and other ornamental structures, as long as they can't hold 300 mm or more. QBCC says a pond that is also used for swimming may be considered a pool.

The test is what the pool can hold, not how full you keep it. An inflatable pool you only half-fill still counts if it could hold 300 mm.

What the rules mean for a spa or portable pool

1. Register it on the QBCC pool register. Neither QBCC nor the Queensland Government lists a fee for registering. How to register.
2. Put a barrier around it that meets the standard. The same pool safety standard applies as for any pool: height, gaps, self-closing gates and the non-climbable zone. QBCC says a spa with a lockable lid still needs a fence. The main barrier rules.
3. Keep the barrier in good order, and keep gates closed.
4. Selling or leasing? A spa or portable pool that meets the definition needs a pool safety certificate like any other pool. Certificates explained.

Portable pools and spas: the Queensland Government's steps

The Queensland Government says the pool laws apply to a portable pool or spa that can be filled to more than 300 mm, holds over 2,000 litres or has a filtration system. It lists three steps before you fill it beyond 300 mm: a pool safety certificate from a licensed building certifier, building approval, and registration with QBCC. It also says portable pools and spas need not meet the pool safety standard unless they are assembled. QBCC's wording is "300 mm or more", so if yours is close to that depth, ask a licensed inspector or your council.

Climbable objects near the barrier

QBCC's guidance is to keep anything movable at least 900 mm away on the outside of the barrier and 300 mm away on the inside, and to trim plants and branches within 900 mm. Portable pools often go up in yards that weren't set up for one, so check the space around the barrier before the pool goes in.