Owners and property agents should note that the date that a lease or other accommodation agreement is entered into may be different from the day the agreement starts. For example, a lease may be signed on one day, but not start for another two weeks. In this case, it is only the date that the agreement is formed into that is relevant to the pool safety laws.
When entering into an accommodation agreement for a shared pool, the pool owner must either:
- ensure a valid pool safety certificate is in effect before entering into or renewing a lease or other accommodation agreement. A copy of the certificate must also be given to the tenant or occupier, except for short-term accommodation (e.g. hotels, motels and backpacker hostels) or
- give a Form 36 to the pool owner (e.g. body corporate), the department and the tenant or occupier (except for short-term accommodation) before entering into a lease or other accommodation agreement.
For properties with shared pools (long-term accommodation), a special phase in period applies for leases or accommodation agreements entered into on or before 1 September 2012—in these cases the pool owner has until 30 November 2012 to obtain a pool safety certificate.
From 30 November 2012, if the property owner gives a Form 36 to the person entering into the accommodation agreement (shared pool) they must obtain a pool safety certificate within 90 days of entering the agreement.
If you have a shared pool at a property on the Gold Coast or Brisbane call Aegis Building Inspections to arrange a pool safety inspection. We specialise in pool safety inspections and can issue you with a pool safety certificate on the spot. If you have areas of your pool fence that aren’t compliant we offer simple, cost effective ways for you to repair your pool fence. We also have instructional videos on pool fence repair and how to pass your pool safety inspection at the time that it is first inspected.