Pool Safety Laws and Insurance

Queensland’s Pool Safety Inspector Laws.


Queensland Parliament has approves the second stage of its new pool safety laws which came into effect 1st December 2010.

These new laws amongst other things demand that pool safety inspection and compliance certificates for all private swimming pools throughout Queensland within five years unless the home is sold or rented first.

All of the 300 or more licensed building certifiers working in Queensland will be automatically licensed for a year as pool safety inspectors.

In addition to this, anyone successfully completing an approved pool safety inspector’s course will also be able to apply to the Pool Safety Council for an inspectors licence to operate a pool safety inspector business.

To support the new regime the Building Amendment Regulations No.4 2010 has been passed.

This calls for mandatory professional indemnity insurance policies for all pool safety inspectors.

It is however disappointing to see that the professional indemnity insurance limit is set as low as only $1,000,000, which is the same as the minimal amount prescribed for all building certifiers.

It has been previously questioned if a $1,000,000 limit is enough for building certifiers and continues to recommend to our building surveyors and pool inspectors that they consider buying a higher limit of indemnity.

The biggest liability problem for a pool safety inspector would be if a child suffered a near drowning injury and needed lifetime care.

An insurance claim in such a circumstance may need to be deferred until that child reached 18 years of age and could easily run into the millions of $.

A professional indemnity insurances policy for a pool safety inspector is quiet complicated.

The Building Legislation Amendment Act 2010 allow for a pool safety inspector to take on prescribed minor repair such as minor fencing repairs and to provide and install a CPR sign and for that work to be self-certified.

This conflict of interest means that most standard professionals indemnity policies are not right for a pool safety inspector that also wants to undertake minor repair work.

It is normal practice for professional indemnity insurers to contain exclusions with relation to any claims arising indirectly or directly from services sold or goods supplied or installed by that Insured person.

Pool safety fence inspections have to date been a part of building approval process.

So the majority of building surveyor clients will have not need to make any changes to their current policies to undertake pool inspections.

However you need to notify your insurers of any change to the type of the risk which could include undertaking any new services.