Book Your NSW Inspection Right Here
By law, a Certificate or Notice must be issued for every pool and/or spa inspection conducted onsite.
Fees of $89 are charged covering the administrative costs and time associated with lodging, acquiring and issuing the certificate or written notice for each inspection.
Take your time with this section and we look forward to inspecting your pool.
Client Details
Please note the details are required for the purpose of fulfilling this agreement in addition to a fee securing your booking. Fees are payable covering the administration costs as well as time taken in lodging, acquiring and issuing of any and all certificates and paperwork.
All prices in AUD dollars with payment secured by Stripe using top level security and systems. After you have submitted the online booking agreement, you will receive an email confirmation of our contractual agreement and receipt acknowledging payment. We will contact you to confirm the date and time of your inspection.
Have You Read The Terms & Conditions?
TERMS & CONDITIONS
Introduction
This outlines the terms and conditions for a Pool Safety Inspection to be conducted by Wayne Kitching ABN 75 976 193 219 facilitated by Pool Safety Solutions ABN 81 639 948 459 where the Client seeks to engage the Pool Inspector.
Property Owner Acknowledgment
2.1 Property Owner Representation and Acknowledgment
The Property Owner understands that this agreement may be executed on their behalf by an authorised legal representative, such as a solicitor or conveyancer, particularly in situations where the client's legal advisor has requested a pool inspection report. It is implied that any legal representative who enters into this agreement on behalf of the client has not only reviewed and understood the full extent of the agreement but has also communicated its details to the client, including a comprehensive explanation of the terms encompassed within this Pre-Inspection Agreement.
2.2 Inspector's Rights and Responsibilities
2.2.1 The inspector reserves the right to discontinue the inspection process at their discretion. In such an event, the client is entitled to a refund of any deposit paid, with no additional financial obligations.
2.2.2 Furthermore, the inspector commits to conducting a thorough assessment of Swimming Pool Safety, adhering strictly to the guidelines set forth in the Australian Standard AS1926.1 (Part 1: Safety barriers for swimming pools) and AS1926.2 (Part 2: Location of safety barriers for swimming pools). This ensures a comprehensive and compliant evaluation of the pool's safety features.
2.3 Definitions
Barrier: This term refers to any combination of materials or structures, whether man-made or natural, designed to restrict unauthorised access to the pool area. This includes but is not limited to fences, walls, and gates.
Certificate of Compliance: This form enables a Pool Inspector to issue a certificate under section 22D of the Swimming Pools Act 1992. A Certificate of Compliance remains valid for a period of 3 years from the date on which it is issued but ceases to be valid if a direction is issued under section 23 in respect of the swimming pool to which the certificate relates.
Certificate of Non Compliance: This form enables a Pool Inspector to issue a Certificate of Non Compliance under Section 22E of the NSW Swimming Pools Act 1992.
Pool Area: The pool area encompasses the space within which the pool is situated and is enclosed by the barrier.
Report: The Report is the official document provided to the client by the inspection service after the completion of the pool inspection. It details the findings, including any compliance issues or safety concerns identified during the inspection.
Swimming Pool and Spa: A Swimming Pool, often referred to simply as 'Pool', is any constructed body of water with a depth greater than 300mm, primarily used for activities such as swimming, wading, or paddling. This encompasses a variety of pool types, including residential swimming pools, wading pools, and spa pools. A 'Spa' is specifically defined as a pool designed for therapeutic or recreational use, often featuring jetted water streams and heating capabilities. Both swimming pools and spas are subject to safety inspections and compliance standards.
Pool Inspector: The Pool Inspector is a professional who specialises in the evaluation of swimming pool safety. This individual is registered with a relevant regulatory authority and is empowered to conduct inspections and certification work related to swimming pools and spas. Their responsibilities include assessing pool safety barriers, ensuring compliance with applicable safety standards, and issuing necessary compliance certificates in line with relevant legislation.
Inspection Service Provider: Referred to in this document as 'We', 'Us', 'Our', or the 'Inspection Service Provider', this entity is responsible for conducting pool and spa inspections. The term encompasses the organisation, its website, and any affiliated parties involved in facilitating the inspection process.
Property Owner: The Property Owner, also addressed as 'You', the 'Owner' 'Client', or the 'Authorised Representative', is the individual or entity requesting the inspection services and who is obligated to pay for the services. The Owner is responsible for engaging the Inspection Service Provider to conduct and, if necessary, reinspect the pool or spa.
Agreement Details
3.1 Date of Agreement:
This Agreement is effective as of the date it is signed.
3.2 Registration and Inspector Details
This section outlines the credentials and details of the Pool Inspector engaged for the inspection. The Pool Inspector, as identified in this Agreement, is responsible for conducting the inspection work commencing from the effective date of this Agreement.
3.3 Certificates and Fees
If a Partnership Agreement exists, its terms will take precedence over the below payment terms.
Fees must be paid before the Pool Inspector carries out the work described under 'Services'.
3.3.4 You acknowledge if the invoice goes past 30 days overdue, the debt will be forwarded to a debt collection agency where the debt collectors fee will be added to the invoice to recover debt recovery.
3.4 Cancel or Reschedule Inspection by Owner
3.4.1 More Than 48 Hours Notice
You may only cancel or reschedule a pool safety inspection in writing to admin@poolsafetysolutions.com.au and prior to 12pm AEDT, two (2) days prior to the scheduled day of inspection. There will be no fee payable for rescheduling and a $88 administration fee payable for cancellation.
3.4.2 Between 24 and 48 Hours Notice
Should you choose to cancel or reschedule a pool safety inspection in writing to admin@poolsafetysolutions.com.au and prior to 12pm AEST, one (1) day prior to the scheduled day of inspection. There will be a $55 administration fee payable for rescheduling and a $110 fee payable for cancellation.
3.4.3 Less Than 24 Hours Notice
Should you choose to cancel or reschedule a pool safety inspection in writing to admin@poolsafetysolutions.com.au after 12pm AEDT, one (1) day prior to the scheduled day of inspection. There will be a $88 administration fee payable for rescheduling and there will be no refund for cancellation.
3.5 No Access. No Inspection
We ensure communication at all stages regarding property access for Pool Safety Inspection services. If the Owner is unavailable or access is restricted, the Pool Inspector reserves the right to terminate services, with the associated fee charged to the Owner.
Services and Responsibilities
4.1 Service Eligibility
Services are available to individuals of legal age to form a binding contract or those legally authorised to do so.
4.2 Inspection Scope
Inspection of Swimming Pool and Spa: The Pool Inspector will conduct a thorough inspection of both the swimming pool and spa.
4.2.1 Compliance Assessment
The Pool Inspector will assess whether the swimming pool meets the requirements for issuing a Certificate of Compliance in accordance with the relevant standard and regulations.
4.2.2 Issuance of Compliance Certificate
If the swimming pool is found to be compliant, the Pool Inspector will issue a Certificate of Compliance to the Client.
4.2.3 Non-Compliance Procedure
In cases where the swimming pool does not comply with the required standards:
(i) Certificate of Non Compliance: A Certificate of Non Compliance will be issued within two (2) days of the date of inspection and the Client will have six (6) weeks to rectify each non-compliance.
(ii) Communication with Local Council: Should the Client not fix each non-compliance within six (6) weeks (unless a Certificate of Compliance has already been issued), the Pool Inspector will provide a copy of the Certificate of Non Compliance to the relevant local council. This will be done immediately if the pool poses a significant risk to life or safety, or within the prescribed time period.
(iii) Reinspection: If necessary, the Pool Inspector will reinspect the swimming pool and issue any additional certificates, forms, or written notices as appropriate.
Dispute Resolution
5.1 Complaints Procedure
5.1.1 If the Client has a complaint with respect to the Inspection or Report, the Client must contact the Inspection Provider in writing no later than fourteen (14) days after the issue of the Report with any concerns (Complaint).
5.1.2
The Client must allow the Inspection Provider access to the Property within twenty-one (21) days of the date of the Complaint in order to further investigate the Complaint. A response will then be provided by the Inspection Provider within a reasonable period after the Inspection Provider's further investigation.
5.1.3
If the Client is not satisfied with the response provided by the Inspection Provider, the Client must, within twenty-one (21) days of receipt of the Inspection Provider's response, refer the matter to a mediator nominated by the Inspection Provider. The mediation costs will be shared equally or as agreed by the mediated settlement.
5.1.4
If mediation fails, the matter may be taken to an Independent Arbitrator for resolution.
5.1.5
Notwithstanding the existence of a complaint, each party will continue to perform its obligations under this Agreement.
5.1.6
The parties must follow the complaint process set out in this clause and those processes have failed to resolve the dispute before commencing any proceedings.
Legal and Regulatory Compliance
6.1 Governing Law
6.1.1 Jurisdiction
This clause establishes that the terms of the agreement are governed by the laws of the state of Victoria. This means any legal issues or disputes arising from the agreement will be handled according to the laws of this jurisdiction.
6.1.2 Interpretation and Construction
The agreement will be interpreted and constructed under the laws of the state in which the inspection is conducted, without reference to its conflict of law principles. This ensures that the agreement's interpretation remains consistent with the relevant legal framework, regardless of where the parties are located.
6.1.3 Binding Nature
The clause affirms that the terms are binding not only to the parties involved in the agreement but also to their successors and assigns. This ensures the agreement's enforceability across different parties who may assume the roles or responsibilities outlined in the agreement over time.
6.2 Electronic Signature Acceptance
6.2.1 Legality of Electronic Signatures
The parties agree to the use of electronic signatures for executing the agreement. This means that electronic signatures are considered legally binding, just like traditional handwritten signatures.
6.2.2 Request for Paper Copy
If either party desires a physical paper copy of the agreement, they can request one from the Inspection Service Provider.
Client Declaration
7.1 Acknowledgment and Agreement
By executing this Agreement, I affirm that I have thoroughly read, comprehended, and agreed to the Terms as outlined herein. I confirm that I am the authorised individual to make this agreement and have the legal capacity to do so.
7.2 Informed Decision
I acknowledge that my decision to engage the services of the Pool Inspector is made independently and with full understanding of this Agreement. I have reviewed all terms and any accompanying documents related to this Agreement and fully understand the roles, responsibilities, and obligations of the Inspection Service Provider, the Property Owner or their legal representative, and the Pool Inspector.
7.3 Voluntary Engagement
I declare that my choice to utilise the services provided under this Agreement is made freely and without any undue influence or pressure. I understand the scope of services to be provided and the expectations outlined in this Agreement.
7.4 Statutory Obligations C1.31 BDC Reg 2020
This attachment summarises the statutory obligations of the Pool Inspector who will assess your swimming pool or spa pool barrier, your obligations as the Owner and the information found on Fair Trading's online register of registrations and approvals, found on the NSW Fair Trading website.
Inspection Report
This section is an essential component of the Report and should be read in conjunction with the entire document. By utilising the contents of the Report, you acknowledge and agree that these clauses, which define the scope and limitations of the inspection, are an integral part of the Report.
8.1 Scope of the Report
This Report is focused on identifying obvious or significant defects visible at the time of the inspection. The significance of a defect may vary based on factors such as the age and type of barriers and fences inspected. It is important to note that this Report does not serve as a comprehensive analysis of pool construction, building, or structural integrity, nor does it act as a certificate of compliance with any Act, Regulation, Ordinance, or By-law. For detailed construction, building, or structural advice, it is recommended to consult a qualified builder or structural engineer. The decision to disregard the findings of this Report is solely at your discretion.
8.2 Limitations of Inspection
The inspection is conducted on-site and is limited to areas and sections of the property that are fully accessible and visible to the Pool Inspector at the time of the inspection. The inspection process does not involve destructive or invasive actions such as dismantling, moving objects or digging. Areas concealed or obstructed, including those hidden behind foliage, furniture, or stored items, are outside the scope of this inspection.
8.3 Liability for Concealed Defects
The Inspection Service Provider and the Pool Inspector are not liable for any defects concealed by the Owner or not apparent during the inspection. By agreeing to this clause, you indemnify the Inspection Service Provider and the Pool Inspector against any failure to detect such concealed defects.
8.4 Responsibility for Non-Compliance
If you choose not to follow the recommendations outlined in the Report and this results in non-compliance with relevant standards and regulations, you acknowledge the potential for financial loss. Furthermore, you agree to indemnify the Inspection Service Provider against any liability, including but not limited to claims, damages, losses, and expenses, arising from your failure to act upon our advice or from the unauthorised sharing of the Report without our express written consent.
8.5 Notification of Non Compliance
In cases of non compliance, it is mandatory to notify the relevant local government authority within six (6) weeks of issuing this certificate. Failure to comply may result in enforcement actions, penalties, or other measures taken by the local government.
Access and Safety
9.1 Inspection Access
9.1.1 Access Requirements
The Pool Inspector requires full access to the property for the inspection. If access is not provided, the Pool Inspector reserves the right to terminate the inspection services. In such cases, a service fee will be charged to the Owner.
9.1.2 Rescheduling and Reinspection
Rescheduling of inspections or requests for reinspection are subject to the availability of the Pool Inspector. It is the Owner's responsibility to coordinate and confirm the availability for such services.
9.2 Health and Safety During Inspection
9.2.1 Owner's Responsibilities
The Owner is responsible for ensuring that the inspection area is safe and free from any hazards. This includes but is not limited to, securing pets, addressing slippery surfaces, removing sharp objects, and safely storing chemicals and exposed electrical components.
9.2.2 Liability for Safety Hazards
In the event that the Pool Inspector incurs injury or harm due to safety hazards present at the inspection site, the Owner will be held liable for any resulting damages or compensation claims.
9.2.3 Workplace Health and Occupational Safety
The Owner is responsible for maintaining a safe environment in the area being inspected. The Owner must ensure the inspection site is free from risks and hazards. If the Pool Inspector sustains injuries due to unsafe conditions on the property, the Owner will be held responsible for any related compensation.
9.3 Additional Inspection Considerations
9.3.1 Proof of Registration
The Owner is required by law to provide proof of registration detailing the construction date of the swimming pool and/or barrier.
9.3.2 Glass Panel Safety
Glass panels, especially in older fences or imported products, may not meet current safety standards (e.g., AS1288). The inspection of glass panels is beyond the scope of this inspection. For safety compliance, it is recommended to consult a professional glazier to determine if the glass panels and gates meet the required safety standards. Non-compliant glass should be replaced with glass that meets current standards.
Liabilities and Indemnifications
10.1 Liability Exclusions
10.1.1 General Exclusion
The Inspection Service Provider disclaims liability for any damages or losses arising directly or indirectly from the inspection services provided. This exclusion applies to all aspects of the services rendered under this agreement.
10.1.2 Testing-Related Damages
In compliance with pool safety legislation, Pool Inspectors are required to conduct strength and rigidity tests on pool barriers. These tests involve applying forces of up to 330Nm (approximately 33KG) on posts/footings and up to 250Nm (approximately 25KG) on sections between posts/footings. The Inspection Service Provider is not liable for any damages that may occur as a result of these necessary tests. Responsibility for such damages rests with the Owner.
10.2 Disclaimer of Liability
10.2.1 Inaccessible Areas
The Inspection Service Provider shall not be held liable for failing to report on any problems in areas or sections of the property that are physically inaccessible for inspection or where access has been denied to the Pool Inspector. This includes but is not limited to, any areas or sections specifically mentioned in the Report as being inaccessible.
10.2.2 Third-Party Liability
The Inspection Service Provider liability is strictly limited to the Property Owner. The company will not be responsible for any loss, damage, cost, or expense suffered or incurred by any third party in connection with the use of the inspection Report. This includes any use of the Report for purposes connected with or unrelated to the intended scope of the inspection.
Additional Provisions
11.1 Additional Inspections
11.1.1 Scope of Inspection
In instances where there is more than one swimming pool or spa located on the property, the Pool Inspector is required to assess each additional pool or spa. This assessment is conducted in accordance with the responsibilities and standards expected of a licensed pool inspector.
11.1.2 Compliance Assessment
The Pool Inspector will evaluate the compliance of each additional pool or spa with relevant safety and construction standards. This includes, but is not limited to, the inspection of barriers, gates, and other safety features as per regulatory requirements.
11.1.3 Reporting to Council
Details and findings from the inspection of any additional pools or spas may be forwarded to the local Council for further review and record-keeping. This step ensures that all pools and spas on the property are accounted for and meet the necessary safety standards.