A pool fence sold at Clark Rubber is being pulled from shelves across Australia after a Queensland investigation deemed the product an "accident waiting to happen".
Minister for Housing and Public Works Mick de Brenni this week issued a mandatory recall on the 'Be-Safe Pool Fence - Portable Pool Fence Starter Kit' because the product failed three tests of building product safety.
An investigation began earlier this year, after a consumer contacted the Queensland Building and Construction Commission when a child managed to reach inside the fence and undo the latch, opening the gate.
"It does not meet the Australian standards of pool safety, secondly, it doesn't meet the standard required for Queensland's non-confirming building product legislation, and thirdly, it simply failed community standards," the minister said.
The fence's latch was the main point of concern, not only was it not self-latching which is required by law, it is placed too low on the product. Legally, it should sit at least 1.2m high, but the latch on the 'Be Safe' sits at just 90cm high.
"If you can put a child's hand through a pool fence and unlock it, it doesn't meet that important standard."
Clark Rubber initially refused to issue the nationwide recall, opting to redesign the fence instead, but have since agreed to remove the product from shelves. It is the first time a product has been recalled under Queensland's non-conforming building product legislation, that was introduced six months ago.
Customers who purchased the fence, sold in Clark Rubber stores since December 2016, are entitled to a full refund.
"Under my mandatory recall, none of the expense of removal or replacement are to be met by the consumer, they're all to be met by Clark Rubber," de Brenni said.