In just four weeks the new Swimming Pool Compliance NSW regime of pool barrier compliance inspections begins. From 29th April all properties that are to be sold or leased will require pool inspections by a pool safety inspector and the appropriate certificate attached to the sale contract or lease.
Changes have gazetted to both the Conveyancing Act and the Residential Tenancies Act to ensure conformity to the new regulations.
WHEN SELLING
All sales in mulita dwelling (strata & similar) require a Swimming Pool Compliance Certificate
All sale of single residence require either a Certificate of Compliance e or a Certificate of Non-Compliance.
The Non Compliance Certificate is effectively a disclosure document which pass the obligation to rectify any defects in a pool barrier to the purchaser. Upon sale the purchaser will have 90 days to effect the repairs and have the pool certified.
For marketing purposes most agents would prefer a Compliant rather than a non-compliant certificate. It is best for agents to alert your potential vendors as early as possible in the listing phase to avoid delays.
WHEN LEASING
All leases will require a Certificate of Compliance
All sale or in mulita dwelling (strata & similar) require a Certificate of Compliance
An often overlooked requirement is the renewal of a lease with an existing tenant. The regulation considers this a NEW lease and requires a Certificate of Compliance. This put further pressure on property managers to ensure that their entire portfolio is inspected and compliant to avoid long vacancies.
WHEN STAYING
There are no new regulations regarding the requirement to have a compliant pool barrier. Councils can and do carry out random inspections and fines exist for non-compliant barriers. Having the pool inspected and rectified is a good proactive practice.
COMMON FAILURES
Anecdotally almost 95% of pool barriers fail the first inspection, many times from simple lack of maintenance. Your pool barrier like anything else around you home requires maintenance from time to time.
All pool must have a current resuscitation chart in good condition prominently displayed inside the pool area.
Gates must open outwards and be self-closing and self-latching through the entire arc of the gate.
Gate latches must be 1500mm above finished ground level or in the case of a solid barrier such as glass 150mm below the top of the barrier on the inside.
Generally, internal pool barriers must be 1200mm in height. Boundaries if used as barriers must be 1800mm in height.
Internal barriers must have a non-climbable zone of 900mm both side of the barrier. Boundary barriers must have a non-climbable zone of 900mm on the pool side of the barrier. This zone is defined by an arc of 900mm measured from the top of the barrier. Make sure that no objects, garden furniture, BBQ’s pot plants and such breach this zone.
Gaps in and below pool barriers can also cause problems. They cannot exceed 100mm, check that no components of the barrier uprights and alike have moved causing gaps below to open.
Spend some time and check the fences, check the quick fixes on our website www.certifiedpool.com.au and you will be well on your way to a certified pool.