There is certainly a lot of confusion as to when you need a Pool Safety Inspection done. We are going to try to simplify that for you. In this section we will discuss pool safety regulations for pools or spas.
Brad is professionally trained and is committed to delivering exceptional customer service with positive outcomes while ensuring compliance for pool safety.
If you are selling your property, you have a few options.
We recommend that you obtain a Pool Safety Certificate so that the buyer knows exactly what they are purchasing and that it complies with the Pool Safety Laws. This will avoid any complications during negotiations, up to and including settlement.
If you have a Pool Safety Inspection and a Non-Conformity Notice is issued you have 90 days to rectify the issues so that a Pool Safety Certificate can be given, or you may notify the buyer that you have a Non-Conformity Notice and negotiate who is to rectify the issues. In this case you must also complete a Form 36 – Notice of No Pool Safety Certificate. The buyer may want compensation if it becomes their responsibility.
You can sell the pool without a Pool Safety Certificate, but we do not recommend this. If you choose this option you need to complete a Form 36 – Notice of No Pool Safety Certificate. It will then be the buyer’s responsibility to organize a Pool Safety Certificate within 90 days of settlement. Please give consideration to the fact that this may frighten buyers from your property, as they will have no idea of associated costs to comply.
If you have purchased a property with a pool that has a Form 26 – Notice of No Pool Safety Certificate you need to make sure you have a Pool Safety Certificate within 90 days of settlement date.
If the seller has had an inspection done and has been given a Nonconformity Notice you might like to ask for a copy so that you are fully aware of what needs to be done to obtain a Pool Safety Certificate prior to purchasing.
IMPORTANT NOTE: If you have an inspection done and a Nonconformity Notice is issued you still have 90 days from settlement date to comply NOT 90 days from the Nonconformity Notice date. So if you think it may not comply do not leave it to the last minute or you may receive an infringement notice from the Pool Safety Council.
If you own a property with a pool, prior to a new tenancy, lease renewal or a change to the lease you must obtain a Pool Safety Certificate. You are not able to lease a property out without one. Once a Pool Safety Certificate is issued it is valid for two years.
Not Selling or Leasing
If you are not selling or leasing your property you have until 01 December 2015 to ensure that your pool or spa is compliant with the current pool safety standards. You can either have a pool safety inspection done or an advisory consultation. The difference is that with an advisory consultation you won’t have a certificate to say that it is compliant.
We still recommend you go through our Checklist so ensure that your pool complies with the new legislation.
A Pool Safety Certificate is effective for 2 years for a non-shared pool.
For Body Corporate managed pools, or any pool that is shared by two or more dwellings must have a Pool Safety Certificate by 01 December 2012 at the latest. If a property is sold or leased prior to that date a Form26—PoolSafetyNonconformityNotice must be issued.
If a Pool Safety Certificate is in place the owner must provide a copy to the tenant. If a Notice of No Pool Safety Certificate is issued a copy of this must also be given to the tenant.
To assist you to obtain a Pool Safety Certificate on the first inspection we recommend that you review our Checklist prior to your inspection and rectify, or have someone rectify any potential non-compliance issues.
It is important to know what the requirements are as penalties of up to $16,500 for individuals or $82,500 for corporations can apply for noncompliance.
We understand that the Pool Safety laws are, yet again, more work for you and has increased your risk management levels.
We understand because we are familiar with the PAMD Act and the Residential Tenancies & Rooming Accommodation Act.
Leasing a property
All properties with a non-shared pool prior to a new tenancy, lease renewal or a change to the lease a Pool Safety Certificate must be in place. You are not able to lease a property out without one. Once a Pool Safety Certificate is issued for a non-shared pool it is valid for two years.
What is a ‘trigger’?
When it comes to the Pool Safety laws and Property Management you need to be aware of what is considered a ‘trigger’. A trigger is an event that sets off the need to provide a Pool Safety Certificate. With property management the ‘triggers’ are; when a property is leased, when a lease is renewed, an/or when an alteration is made to an existing lease. i.e. rent increase, change of names on the lease.
We recommend that you allow enough time before the lease start date to ensure that if a second inspection is required, you have time to organize any adjustments or repairs required prior to the start of the lease or lease renewal.
We offer to do the PAMD Form 9 for you and are happy to organize access direct with tenants if necessary. If a property is vacant, where practical, we are willing to pick up keys from your office and return them in a timely manner.
Keep your landlords informed
To assist your landlords, please use our Checklist, perhaps on your next Routine Inspection, if a Pool Safety Certificate is not required beforehand. That way you can ascertain whether the pool is likely to pass or not, and prepare your owners for such.
Our goal is to assist you by implementing systems so that once a Pool Safety Certificate is issued by us for one of your properties, you will automatically be contacted every two years before the certificate expires.
If you would like your property managers and sales staff to be better informed, please do not hesitate to contact our team to organize to attend a training session.