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30
Nov
30/11/2010

Pool Owners FAQ Sheet

A helpful list of questions and answers relating to the new pool safety legislation appears in our latest press release. The release can be viewed in text format below or you can download the PDF sheet at the bottom of this page.

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Updated Pools Legislation Frequently Asked Questions

By Gordon Heelan, CBAS director

Who do the new laws affect?

The new pool safety legislation essentially affects all pool owners, however in the
immediate future; the laws mostly affect contracts of sales involving a property with a
pool. From December 1, 2010 a pool safety inspection is mandatory for those selling or
leasing a property with a pool.

I entered into a contract of sale before December 1, 2010 – is a pool safety certificate still required?

Yes. If a certificate is not in effect before settlement, the purchaser has 90 days from
settlement to obtain a pool safety certificate.

Is it the responsibility of the buyer or seller to organise a safety inspection?

In contracts of sale the seller must either provide the buyer with a pool safety certificate
prior to settlement or alternatively with a Notice of No Pool Safety Certificate (Form
36). This form notifies the buyer that they have 90 days from the date of settlement to
obtain a pool safety certificate.

Are spa tubs and portable pools included in the laws?

Yes, if you have an outdoor spa (regardless of whether it has a cover or not) and an
inflatable pool that holds more than 2,000 litre of water or has a depth of more than
300mm – you are required by law to organise a pool inspection.

How do I obtain a pool safety certificate?

Only pool safety inspectors who are licensed by the Pool Safety Council can issue a pool
safety certificate. CBAS has three licensed pool safety inspectors who can thoroughly and
accurately assess your pool environment. Contact Us for more details.

What happens if the pool does not comply at inspection?

If a pool safety inspector is not satisfied that the pool complies with standards, they must
issue a Pool Safety Nonconformity Notice (Form 26) which outlines how the pool does not
comply and ways this can be rectified. A pool safety inspector will have to again inspect the
pool after the works have been undertaken to assess if the pool complies and issue a safety
certificate.

What if I have a pool but am not selling or leasing my property?

Pool owners that are not selling or leasing their property have until November 2015 to
comply with the new pool safety laws. However as the new laws aim to safeguard young
children from drowning, I cannot stress enough how important it is to obtain a pool safety
certificate to ensure the safety of children within your property.

What are the penalties for noncompliance?

Penalties of up to $16,500 for individuals apply for noncompliance with pool safety laws
including on the spot fines of $1,600. Enforcement action is taken by local government and
in some cases the Department of Infrastructure and Planning.

For more information or to book your pool inspection, contact the team at CBAS.

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This Press Release is available in PDF format:

CBAS_Pool-Safety-Press-Release.pdf