The exemptions to pool fence laws - disabilities on the Gold Coast

The exemptions to pool fence laws – disabilities on the Gold Coast

If you reside on the Gold Coast with a mobility disability you may be qualified to apply for an exemption to the Queensland Pool Fencing Regulations if it has an effect on your ability to gain access to and make use of your pool.
In Queensland and around Australia there are strict pool fencing laws that every pool owner must abide by or face a harsh penalty.
The regulations in Queensland mean that you need to have a pool fence that is:

  • Should not actually have any climbable objects within 900mm of the fence as this would lower the effective height below 1200mm
  • The latch has to be 1500mm from the ground level and 1400mm from the lowest horizontal rail.
  • Must have a CPR sign presented in the pool area.
  • Must not have any doors or windows open directly into the pool area, bypassing the fence.
  • At least 1200mm high
  • Has no spaces larger that 100mm below the barrier
  • No gaps bigger than 100mm in between vertical posts or panels in the fence
  • Needs to have a self-close latch that closes from any open position

However, for some people in our community this could be challenging to follow if you have a disability. One of the most common examples is for people in wheelchairs. If you have a wheelchair, there ought to be nothing in the law stopping you from enjoying your pool. However, it could be a challenge if you need to have the gate latch based at 1500mm above the ground because it might be out of easy reach of a person in a wheelchair.
If you have a disability which makes it impractical to comply with the Queensland Pool Fencing regulations you can get in touch with the local council to request an exemption. However, you can only get an exemption to the rules if the current rule will deny you access to the pool, and if you in fact live on the property where the pool is located.
Any exemption allowed will only cover the extent necessary to overcome the impracticality of the rule– that means that if you are enabled to lower the gate latch, you can not simply ignore the rest of the rules.

If you have to apply for an exemption, the most ideal place to begin would be getting in touch with the Queensland building and construction commission or the talk to the ‘Pool fencing on private property’ contact with the Gold Coast City Council
if you have any concerns about how to change your pool fence, or have specific fencing needs, Absolut Custom glass can help custom build your pool fence to make sure that it fits your unique situation and requirements. Feel free to contact us on 1300 937 902

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