Pool Safety Inspectors required to notify local government of nonconformity

The Pool Safety Council has received enquiries from PSIs about the requirements for providing a nonconformity notice to local government. Under  the Building Act 1975 (BA) section 246AC(4), a Pool Safety Inspector is only required to provide a copy of a pool safety inspection nonconformity notice to local government if the pool owner fails to ask the Pool Safety Inspector to reinspect the pool within three months of giving the pool safety inspection nonconformity notice (the pool safety reinspection period). The pool safety inspection nonconformity notice must be given to local government within five business days of the pool safety reinspection period expiring.

In some cases, a Pool Safety Inspectors may conduct a pool safety reinspection and determine that the pool is still noncompliant. The Pool Safety Inspector must issue a further pool safety inspection nonconformity notice and a further three-month pool safety reinspection period then applies. This sequence may be repeated so long as the owner continues to ask for a pool safety reinspection within the reinspection period and the pool continues to be noncompliant. Where this occurs, the Pool Safety Inspector is not obliged under section 246AC(4) to give any notice to the local government about the pool’s noncompliance.

The Pool Safety Inspector should however keep in mind that where the Pool Safety Inspector reasonably believes that a pool does not comply with the pool safety standard and is an extreme danger to young children, the Pool Safety Inspector should give a pool safety complaint notice to local government under section 246ADA of the BA.

Where a property having a non-shared pool is sold with no pool safety certificate in effect, the purchaser is required under section 246ATJ of the BA to obtain a pool safety certificate within 90 days after settlement. The issuing of a nonconformity notice does not extend this 90-day period.

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