Is is estimated that 50 young children present to emergency departments each year due to immersion injuries, some of whom will suffer permanent brain damage.
Real Estate Agents, Property Agents and Resident Leasing Agents need to be aware of the new laws and how this will affect contracts and leasing agreements.
The new laws introduce a uniform pool safety standard, which new and existing pools must comply with. This includes indoor and outdoor private pools and spas in houses, townhouses, units, hotels and motels. It also includes indoor and outdoor shared pools in townhouses, units, hotels, motels, caretaker residences, caravan parks, backpackers, hostels, mobile home parks and homestays.
Leases of non-shared pools
If a property with a non-shared pool (e.g a house) is leased after 1 December 2010, a pool safety certificate must be obtained by the lessor prior to entering into the lease. Agents need to be aware that facilitating a lease, where there is no pool safety certificate for a non-shared pool, may be grounds for disciplinary proceedings under the Property Agents and Motor Dealers Act 2000.
Sale— Non-shared pools
Where a property is sold, a buyer must obtain a pool safety certificate within 90 days of settlement, if the seller does not provide them with a certificate. Sellers are required to notify the potential purchaser if there is no certificate (Form 36) before entering a contract of sale.
Sale and lease—Shared pools
The owner of a shared pool (e.g. the body corporate or hotel owner) must obtain a pool safety certificate if one is not already in place within 90 days of a sale, lease or other accomodation agreement (e.g hotel stay) taking place.
NB: Shared pool owners (i.e. bodies corporate) can take advantage of a two year amnesty period on obtaining certificates (ends 30 November 2012), unless the pool is associated with short-term accommodation (e.g. hotels), in which case the amnesty is reduced to six months from 1 December 2010.
Pool safety certificates are valid for one year from date of issue for shared pools and two years for non-shared pools. If another sale or lease occurs within this time, another certificate is not necessary.
Pool safety inspectors
Only licensed inspectors may issue pool safety certificates. So you can feel safe using Absolute Compliance & Safety because we are fully licenced.
If you are issued a non comformity notice from the inspector its because your fence does not meet the Australian standards and does not comply.
You have 3 months to get it rectified then you must recall the same inspector to reinspect the fence to be issued a certificate.You cannot call another inspector because your not happy with his findings.
Pool safety certificates can only be issued when the relevant information is entered into the register by a pool safety inspector.
