Who, How, Whys
It is now law to register a Pool or Spa regardless of when it was built. It must be inspected every four years.
A please explain or having to attended a coroners court will not be a joyful experience!
For your own financial security, you should understand this. Compliance with legislation is crucial for insurance.
Landlords.
A faulty issue with any part of a barrier is classed as an emergency repair under the Tenancy Act.
Best Practice is if you have a change in Tenant, Have a Barrier report completed.
Estate agents & Home Sellers.
If a pool or spa is at a property being sold, then Section 32 reports includes a new compliance report. A detailed fence and barrier condition report.
“Duty of disclosure and due diligence checks as per the Sale of Land Act 1962“.
“Section 32. A compulsory part of the purchase process in Victoria, this is a legal document intended to provide a purchaser with relevant information, that influence their decision to proceed with a transaction.”
“The seller of a property must provide the Section 32 to a potential buyer before the purchaser signs the contract of sale.”
“There are serious consequences for a vendor if they don’t disclose all the necessary information required by the Section 32 statement. If a vendor knowingly or recklessly gives false information when the Section 32 document is being prepared, it constitutes a criminal offense and they can be fined”.
Home Buyers
Pool and Spa barriers are often very expensive to repair or replace. Insist of a certificate of compliance and a through condition report being as part of the Section 32 report.
Why do we now have 4 yearly checks on our Pool and Spa Barriers?
Coroners found that a poorly maintained barriers, fences, or gates contributed to the deaths of children under the age of five. Recommendations were made to groups like the Victorian Building Authority (VBA) and new requirements for ongoing checks were started (2020).
On average, four young children die in Victoria in home swimming pools or spas each year, and many more are taken to hospital for near-drownings.
The social and economical impacts that are caused by these tragedies extend well beyond the lives are immediately impacted.
These regulations are aimed at protecting young lives.
How registered pool and spa barriers are checked.
You must submit a new Certificate of compliance (Form 23) every 4 years from your last check. Alternatively, it is 4 years from the date of the building permit for new pools. The local shire or council are responsible for keeping these records. They will likely advise that it is due.
This needs to be done by a registered Building practitioner who is qualified in pool and spa barriers. These are Building Inspectors-Pool and Spa certified, Building Inspectors & Building Surveyors. These are specialist building practitioners authorized to do so. A builder or qualified trades person are not licensed carry out the inspections.
Inspectors carry out detailed reports and audits on various aspects. These aspects vary widely depending on when your pool was built. Different Australian Standards specify these requirements. They align with the Building regulations, the Building Act, and the National construction codes (NCC).
A though Barrier Inspection Report will be many pages including dimensions, surface conditions, materials and strength tests with Photo or video evidence. This will be supplied for your records along with the Form 23 Certificate of Compliance.
Once it has been issued, you need to send to the relevant shire/council and pay a administration fee within 30 days.
In some cases, Barriers need some minor fixes or maintenance. We can help you with that. These changes are needed to meet the requirements. If safety issues meets a set standard, a Form 24 Certificate of Non Compliance is submitted by law. If your Barrier is not compliant on the day. We will guide you through the process. We can also help find the right tradespeople. The regulations give you a period of time to get it done (up to 60 days).
Who are your Contact points.
Pool Guard Inspections of coarse. That’s us.
Your local shire or council manage the records and dates of when you will need it done.
Victoria building Authority for information and helpful check lists. If in doubt which one is right for you, just reach out and we will send it to you. We are here to help and make this easy..
Pool Guard Inspections 