Got Questions?
The most common questions that is asked about our services are outlined below.
1Do I need a certificate of compliance to rent my house to tenants?
As of 29th April 2016, all properties with a pool and or spa must have a compliance certificate attached to the rental agreement. You must have a Compliance Certificate after this date. Properties with a pool cannot be leased or inhabited.
2I can’t find the trades person to fix the repairs in order to have it comply, Can I sell my house without a Compliance Certificate?
Yes, you can sell your house without a compliance certificate. The purchaser of the property can proceed with the contract of sale only if there is a certificate of non- compliance attached. The new purchaser has 90 days from the date of exchange to comply with and have the issues stated within the non-compliance certificate addressed. Once they are reinspected, and a certified E1 Inspector is satisfied, you will be issued with a compliance certificate which is valid for 3 years. Get a Compliance Certificate to increase your chances of getting a buyer.
3Is it only council inspectors that do pool inspections?
No, you do not have to rely on councils for pool inspection services. Any accredited A1, A2, and A3, or E1 certifier can conduct pool inspections. We advise all our clients to avoid going to councils for pool inspections for the following reasons:
- Councils do not have the required manpower as highlighted in the media. Lack of manpower has forced the government to change the trigger date twice.
- Councils give short Directions and Enforcement Notices. Landlords have 28 days to fix all fencing issues found.
Councils may impose fines starting from $550 and order to fix non-compliant issues within 28 days. We do NOT issue any fines. - Councils inspect all aspects of the backyard and this often leads to more Directions. We inspect the pool barrier only.
4My gate opens up into the pool area, is that compliant?
It depends on when they were constructed. You may be allowed to continue using the doors as a barrier if you constructed your pool fence before 1990 and they are compliant with the laws that applied in that period. We will advise you on the possibility of continuing to use your pool barrier after comparing it with Standards that applied when the pool was built or altered substantially.
5Its confused me: pool indoors, outdoors, spa’s, above ground with or without gates and fence ,what’s the definition of a pool by the law ?
The law defines a pool as any structure, excavation, or vessel that can be filled with water to any depth greater than 30 cm or 300 millimetres. It should be used solely for swimming, paddling, wading and other human aquatic activities. Spa pools are included in this definition while spa baths and bath tubs are excluded.
6I need my pool inspected, how long do you take?
The time taken to conduct an inspection on the safety of your pool varies depending on the size of pool and safety issues found. The average time taken ranges from 30 minutes to an hour. We prepare a Swimming Pool Safety Report within 48 hours after the inspection. We can inspect your pool in your absence as long as we have authority by you and/or your property manager to access your property.
7Do I need to be at home when the inspection takes place?
Although it is preferred that someone be at the property, an inspection can be performed if nobody is in attendance providing access to the pool is prearranged and any animals are secured elsewhere.
8Can I lease my property with a pool after 29th April 2016?
If you want to lease a property with a pool after 29th April 2016, you will require a qualified Certifier to inspect and certify your pool fence and surrounding area. If a certificate of non-compliance is issued, you have up to 12 months in which you must have the non-compliance issues addressed. Once they have, we can re inspect and if the work has been addressed and they are satisfied, we will issue a certificate of compliance and this can be attached to the rental agreement. You must include the certificates in the lease contract otherwise, a tenant can cancel the contract.
Contact us to certify your pool fencing. We will do all that we can to help you have a Pool Compliance Certificate so that you can proceed to sell or lease your property.
9What’s in the inspection report?
We comply with The Australian Standards AS1926 when preparing Swimming Pool Safety Inspection reports. Our reports have photographs of the pool, pool area and all other areas of interest relative to the safety aspects. We include a safety certificate if the pool is compliant. Our report includes pool fencing, pool area, and all structures, buildings (including their doors and windows), and landscaping in the pool area.
10What if my pool fails, what then?
If your pool is not complaint, we advise you, in written and photographic detail, of all the items you need to rectify so that your pool is compliant with Australian Standards. We will also advise you on how to rectify each non-compliant item. You have by law, 6 weeks in order to rectify the issues stated, if they are not addressed, it is out of our hands, your local council will be in contact with you We will re-inspect the pool after you rectify all issues and issue a compliance certificate by the 6 weeks ending from the issue date of the non-compliance certificate.
11What happens if the inspection passes?
The pool inspector will promptly issue a pool safety certificate and update the details on the NSW Swimming Pool Register. The certificate is current for three years from the date of issue.
12When I register my pool, can I self-certify my pool?
From 29th April 2016, pool owner’s homes that are selling can have a non-compliance certificate attached to the contract of sale. The new owner has 90 days from the sale date to make the issues stated compliant.
To lease the property, the landlord must have a certificate of compliance attached to the leasing agreement of which must be also in the possession of the tenant Only recognised certifiers are able to issue such certificates.
13When I register my pool, there check lists available, why can’t I use them instead of you?
Even if you are not selling or leasing your property. We advise owners against self-certifying their pools because they do not know the safety issues to inspect in the pool area. Inspection goes beyond the pool fence. Owners are liable for any death or injury to a child from a missed safety issue. The owner can be charged with manslaughter if the coroner finds him or her liable.
Our analysis of the checklists on the online pool registry reveals that many parts of those checklists lack the important information necessary for detailed pool inspection. Hence, owners cannot rely on these checklists to conduct a detailed inspection of their pools.
At Aqua Pool Inspections, we work with the Australian standard that applies to your pool and use our knowledge and expertise to ensure the safety of your pool.
Aqua Pool Inspections takes the risk of certifying your pool based on its expertise and assessment of the checklists in the Australian Standards. We offer professional and insured inspection services. We also have tool that enable us to identify and measure any and or risks that may be identified. The certificates from our pool safety inspectors are valid for three years. You pay a small fee for the peace of mind that your family, friends and pool area are safe.
14I can’t be there to let you in for the inspection, do I need to be at home when the inspection takes place?
Although it is preferred that someone be at the property, an inspection can be performed if nobody is in attendance providing access to the pool is prearranged and any animals are secured elsewhere.
15I haven’t registered my pool, do I have to?
Failing to register a pool is a punishable offence under the new law. You will pay fines from $220. You might also pay additional fines if your pool barrier is non-compliant. All fines are outlined in the new law. A Certificate of Compliance cannot be issued for a pool that is not registered.
Just speak with us, well help you have it registered.
16Do you have insurance?
Yes, our company is fully insured for public and professional indemnity. We otherwise could not be recognised on the NSW Building Professionals Board. And also the NSW Swimming Pools Register. A list of accredited certifiers can be found here
http://www.swimmingpoolregister.nsw.gov.au/inspection
As we are Accredited E1 Private Certifiers, Aqua Pool Inspections is qualified to issue Pool Compliance Certificates. The certificates are accredited by the Building Professionals Board and meet the requirements of the new pool inspection legislation.
17Who can carry out the repairs?
By law, a pool certifier cannot carry out repair work. We will be happy to assist you in arranging an independent trade to carry out any repairs.