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Contents (1992 - 49)
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Swimming Pools Act 1992 No 49
Current version for 31 October 2018 to date (accessed 21 April 2019 at 16:06)
Part 2 Division 5 Section 22E
22E   Notices by accredited certifier if pool does not comply
(1)  This section applies to an inspection carried out by an accredited certifier under section 22C.
(2)  An accredited certifier must provide a written notice to the owner of a swimming pool if the accredited certifier has inspected the swimming pool and is not satisfied that the requirements for the issue of a certificate of compliance have been met.
(3)  A notice under this section is to set out the following:
(a)  the date of the notice,
(b)  the address of the swimming pool to which the notice relates,
(c)  the date on which the inspection took place,
(d)  the reasons why the accredited certifier is not satisfied that the requirements for the issue of a certificate of compliance have been met and the steps that need to be taken in order to meet those requirements,
(e)  whether the accredited certifier is of the opinion that the swimming pool poses a significant risk to public safety,
(f)  a warning that a copy of the notice will be forwarded to the local authority for the area in which the swimming pool is situated:
(i)  immediately, if the accredited certifier is of the opinion that the swimming pool poses a significant risk to public safety, or
(ii)  6 weeks after the date of inspection (or such other time as may be prescribed by the regulations) if a certificate of compliance is not issued for the swimming pool before that time,
(g)  such other matters as may be prescribed by the regulations.
(4)  An accredited certifier who issues a notice under this section in respect of a swimming pool must forward a copy of the notice to the local authority for the area in which the swimming pool is situated:
(a)  immediately, if the accredited certifier is of the opinion that the swimming pool poses a significant risk to public safety, or
(b)  within 5 days after the end of the period specified in subsection (3) (f) (ii) in any other case.
(5)  An accredited certifier is not required to forward a copy of any notice to a local authority in respect of a swimming pool if, at the time at which the notice is due to be sent, the swimming pool has a valid certificate of compliance.