Home Owners

All home owners, Caravan Parks, Motels and other classes of building that contain a swimming pool, spa, Jacuzzi or the like are required to have it inspected and provide a form 23 to be issued to council. The proposed Regulations require owners of swimming pools and spas to arrange for an inspection and certification of their safety barriers every Four years. The inspections can only be carried out by registered building practitioners in the categories of building surveyor or building inspector (hereafter collectively referred to as ‘inspector’).

Following an inspection, if the inspector determines that the safety barrier is compliant with the applicable barrier standard, they must issue a certificate of pool and spa barrier compliance to the owner. The owner must ensure that they lodge the certificate with the council by the date required. A lodgement fee is payable at the time the certificate is lodged. After registering a swimming pool or spa on the register, the relevant council must give a notice in writing to the applicant for registration of the swimming pool or spa of the following matters— (a) that the swimming pool or spa has been registered; (b) the date of construction of the swimming pool or spa determined under regulation 147T; (c) the applicable barrier standard for the swimming pool or spa barrier; (d) that the owner of the land may appeal to the Building Appeals Board under section 144(2) of the Act against a determination by the relevant council of the date of construction of the swimming pool or spa within 30 days after the owner receives the determination; (e) for a swimming pool or spa registered under regulation 147L, the date by which the first certificate of pool and spa barrier compliance is required to be lodged with the relevant council.

• It is an offence for an owner not to provide a certificate of pool and spa barrier compliance by the date required by the council. This will be a prescribed infringement offence subject to a fine of 2 penalty units. The proposed Regulations provide the power for councils to extend time required for lodgement of a certificate under certain circumstances, e.g. because ongoing building work on the property means that an inspection would not be appropriate
• a mandatory requirement for pool and spa owners to register their pools and spas with council;
• the information councils need to include on their registers;
• requirements on pool and spa owners to have their safety barriers inspected;
• processes for the certification of the compliance of a safety barrier following inspection or alternatively dealing with non-compliance; Home owners have 60 Business days to have fixed non complying items.

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