Pool Safety Inspection Investigations of Pool Inspectors May 2012
Since the last Pool Safety Council (PSC) newsletter in December 2011, the PSC has finalised 20 complaints about pool safety inspectors (PSIs). The Pool Safety Council decided to:
- not take further action in four cases
- impose monetary fines in 10 cases including one in which the Pool Safety Inspector was required to refund the inspection fee charged to the pool owner
- formally reprimand three Pool Safety Inspectors
- impose monetary fines and issue demerit points in three cases.
The following four cases are examples of complaints dealt with by the Pool Safety Council.
• Case study 1—The Pool Safety Inspector issued a pool safety certificate in circumstances where they could not have been reasonably satisfied that the pool was a complying pool. The pool gate was found not to be self-closing as required by the pool safety standard. A penalty of $1600 was imposed in this case.
• Case study 2—The Pool Safety Council found that the Pool Safety Inspector, by failing to respond to several communications received from the Pool Safety Council’s investigator, had breached the obligation to cooperate with the investigation. Also, the Pool Safety Inspector had given incorrect advice to a member of the public by asserting that the law requires a pool safety certificate to be obtained for all swimming pools in Queensland without mentioning that such a pool safety certificate is only required where there is a relevant sale or accommodation agreement. The Pool Safety Council found that by giving this advice the Pool Safety Inspector had engaged in conduct that was of a lesser standard than might reasonably be expected of the Pool Safety Inspector by the public or the Pool Safety Inspector’s professional peers. The Pool Safety Council imposed a penalty of $400 for the failure to cooperate and $200 for the giving of incorrect advice.
• Case study 3—A Pool Safety Inspector failed to lodge 24 nonconformity notices with the local government within five business days after the end of the reinspection period. The Pool Safety Council imposed a $2400 fine and two demerit points.
• Case study 4—A Pool Safety Inspector issued a pool safety certificate for a barrier. The complainant agreed the gate was checked by him and latching correctly. However over the following weeks the complainant alleged the gate failed to latch upon closing as required by the pool safety standard. The Pool Safety Inspector was able to produce video evidence of his inspection and testing the gate. The Pool Safety Council was satisfied the Pool Safety Inspector had acted appropriately and decided to take no further action.
When the Pool Safety Council receives a complaint about a Pool Safety Inspector, it will contact the Pool Safety Inspector in writing, outlining the allegations and inviting a response within a stated period. Pool Safety Inspectors should endeavour to respond as the investigation will otherwise proceed on the basis of the available information.
The pool safety council takes all of these matters very seriously. They will investigate every complaint against a pool safety inspector if the client feels that the pool safety inspection wasn’t up to the correct standard. Pool safety inspectors on the Gold Coast and Brisbane are monitored very closely as they are nearest the the physical location of the pool safety council.
To have your pool inspected by the best contact Aegis Building Inspections today. We are the leading Building and Pest Inspection and Pool Safety Inspection business servicing South East Qld. We offer pool safety inspection specials to customers that are between Brisbane the Gold Coast. Book you pool safety inspection today (07) 3103 3393.
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