Pool Safety Inspection: pool passes if reasonably satisfied

Under section 246AW(1) of the BA, a Pool Safety Inspector may only give a pool safety certificate for a regulated pool if they have inspected the pool and are reasonably satisfied that the pool is a complying pool. The Pool Safety Council is aware that some Pool Safety Inspectors may be interpreting the term ‘reasonably satisfied’ to mean that they can apply a tolerance to the pool safety standard.

For example, a Pool Safety Inspector might think that a horizontal surface projection of 13 millimetres within the non-climbable zone of the pool barrier would be acceptable. This is noncompliant with the pool safety standard, which only allows horizontal projections of up to 10 millimetres. A Pool Safety Inspector should not consider that the term ‘reasonably satisfied’ means that compliance can be accepted where it is ‘reasonably’ close to the standard.

The Pool Safety Council considers that the term ‘reasonably satisfied’ should be interpreted to mean that when a Pool Safety Inspector is assessing a pool barrier, they have undertaken reasonable steps and measures to determine the barrier’s compliance with each aspect of the pool safety standard. For example, a Pool Safety Inspector may conduct the manual squeeze test on a reasonable selection of the vertical members on each panel of the pool barrier. Based on the successful result of these tests, the Pool Safety Inspector may be reasonably satisfied that the barrier meets the strength and rigidity requirements of the pool safety standard without testing every vertical member on the barrier.

If you live on the Gold Coast or in Brisbane and require a pool safety inspection in order to receive your pool safety certificate call Aegis Building Inspections today.  We provide pool safety inspections as well as all types of building inspections and pest inspections.

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