News

Pool safety is everyone’s responsibility

Spring 2017

A property rented with a swimming pool brings with it responsibilities not only on the part of the tenant but also on the part of the property owner.

It’s one thing for the tenant to be conscientious about keeping the keeping the gate shut, but it’s something else entirely that the pool passes the mandatory safety tests.

Property managers and owners should be aware that a property rented with a swimming pool should be compliant and have all the relevant safety certificates.

Before entering into a new or renewed lease for a property with a pool the owner must ensure a pool safety certificate is in effect for the pool.

Only pool safety inspectors who are licensed by the Pool Safety Council can issue pool safety certificates.

If you have any doubt about whether the person is a licensed pool safety inspector you should ask to see their pool safety inspector licence card.

If a pool safety inspector inspects a pool and is not satisfied that it complies they must issue a Pool safety nonconformity notice.

Once an inspector has given a pool safety nonconformity notice the pool owner has 3 months to undertake the repairs.

If the pool owner does not ask the inspector to reinspect the pool within 3 months the inspector must notify the local government.

The local government can then take the necessary enforcement action to ensure the pool complies with the relevant standards.

There are penalties for non-compliance.

If a real estate agent collects commissions in connection with a new lease where no pool safety certificate has been obtained for a pool they may face disciplinary proceedings under the Property Occupations Regulation 2014.

Occupiers of a property, including tenants, must ensure that gates and doors giving access to a pool are kept securely closed at all times when they are not in use. They should also ensure there are no climbable objects such as pot plants or loose outdoor furniture that would allow children access to the pool.

Tenants who install their own pool such as a portable pool or spa, must ensure that the pool complies with the pool safety standard and obtain all required building approvals. Permission from the property owner will most likely also be required.

You can use the Pool safety register to check if a pool safety certificate is in effect for a pool.