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Contents (2008 - 399)
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Swimming Pools Regulation 2008
Repealed version for 29 June 2018 to 31 August 2018 (accessed 25 April 2019 at 13:53)
Part 5
Part 5 Inspections and certificates
16   Community engagement
(1)  A local authority must establish and implement a strategy for engagement with the local community when developing a program for the inspection of swimming pools in its area.
(2)  The strategy must be based on social justice principles of equity, access, participation and rights.
(3)  The local community is to be consulted in accordance with the strategy in relation to the development of the inspection program (including in relation to any review of such a program).
17   Time for carrying out inspections
For the purposes of section 22C (3) of the Act, a reasonable time within which a local authority must carry out an inspection is 10 business days after receiving a request for the inspection in accordance with section 22C of the Act.
18   Time for entering information on Register
For the purposes of section 22D (8) of the Act, details of a certificate of compliance are to be entered on the Register within 3 business days after the certificate of compliance is issued.
18A   Fee for inspection
(1)  For the purposes of section 22F (1) of the Act, the maximum fee that a local authority may charge the owner of premises on which a swimming pool is situated for carrying out an inspection of the swimming pool is:
(a)  if it is the first inspection since the person became the owner—$150, or
(b)  if it is the second inspection since the person became the owner—$100, or
(c)  if it is the first inspection since a certificate of compliance in relation to the premises ceased to be valid—$150, or
(d)  if it is the second inspection since a certificate of compliance in relation to the premises ceased to be valid—$100.
(2)  No fee may be charged by a local authority for carrying out a third or subsequent inspection for the purpose of the issue of the same certificate of compliance.
Note.
 Certificates of compliance are valid for a period of 3 years from the date of issue, in accordance with section 22D (6) of the Act. After a certificate of compliance for a swimming pool has ceased to be valid, the local authority may charge a fee in accordance with this clause for an inspection carried out for the purpose of issuing a new certificate of compliance.
18B   Notices by local authority if pool does not comply
(1)  This clause applies to an inspection carried out by the local authority under section 22C of the Act.
(2)  The local authority must provide a written notice to the owner of premises on which a swimming pool is situated if the local authority 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 clause 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 local authority 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 local authority is of the opinion that the swimming pool poses a significant risk to public safety.
18BA   Certificates of non-compliance if pool does not comply
(1)  This clause applies to an inspection carried out by the local authority, or an accredited certifier, under section 22C of the Act.
(2)  The local authority or accredited certifier must issue a certificate of non-compliance to the owner in respect of a swimming pool if the local authority or accredited certifier (as the case requires):
(a)  has inspected the pool under section 22C of the Act, and
(b)  is satisfied that the requirements for the issue of a certificate of compliance have not been met.
(3)  A certificate of non-compliance must be in the form approved by the Chief Executive of the Office of Local Government and must include the following:
(a)  the address of the swimming pool to which the certificate relates,
(b)  the date of the inspection,
(c)  whether the local authority or accredited certifier is of the opinion that the swimming pool poses a significant risk to public safety,
(d)  if the certificate of non-compliance is issued by the local authority—a statement that the owner of the premises on which the swimming pool is situated is entitled, under section 26 of the Act, to appeal the decision of the local authority to refuse to issue a certificate of compliance under section 22D of the Act.
(4)  A certificate of non-compliance must be issued within 7 days from the date of the inspection of the pool. However, failure to issue a certificate of non-compliance within that period does not affect the validity of the certificate.
(5)  The requirement under subclause (4) to issue a certificate of non-compliance within the 7-day period applies whether or not a notice under clause 18B has been provided.
(6)  A certificate of non-compliance in respect of a swimming pool remains valid for a period of 1 year from the date on which it is issued but ceases to be valid if a certificate of compliance has been issued under section 22D of the Act for that swimming pool.
18BB   Special provision relating to acquired premises
(1)  This clause applies to a swimming pool situated on premises acquired after the commencement of this clause if the contract of sale for the premises contained a certificate of non-compliance under clause 18BA, unless the certificate states that the swimming pool poses a significant risk to public safety.
(2)  For the purposes of sections 7 (1) (b), 12 (d) and 14 of the Act, the prescribed standard in the case of a swimming pool to which this clause applies is the condition of the child-resistant barrier or means of access as at the acquisition of the premises, but only until:
(a)  90 days after the acquisition of the premises, or
(b)  the completion of work after the acquisition of the premises to ensure the child-resistant barrier or means of access complies with the Building Code of Australia,
whichever is earlier.
(3)  In this clause:
acquisition of the premises means the date on which the sale of the premises is completed.
18BC   Council reporting requirements for inspections
For the purposes of section 22F (2) of the Act, a local authority that is a council must include in its annual report under section 428 of the Local Government Act 1993 the number of inspections under Division 5 of Part 2 of the Act that:
(a)  were inspections of tourist and visitor accommodation, or
(b)  were inspections of premises on which there are more than 2 dwellings, or
(c)  resulted in the council issuing:
(i)  a certificate of compliance under section 22D of the Act, or
(ii)  a certificate of non-compliance under clause 18BA of this Regulation.