PoolSS NSW Contractual Agreement: Terms & Conditions 

This is an agreement between the Property Owner and Certified Pool Safety Inspector facilitated by Pool Safety Solutions PTY LTD ACN 639 948 459 where the Owner seeks to engage the Pool Inspector to perform certification work on the address listed and does so through the website or any of its associated products or Services provided by Pool Safety Solutions.

Terms
Please read these terms and conditions (the Terms) carefully. By using, browsing and/or reading the Website, this signifies you have read, understood and agreed to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its products or Service immediately.

Pool Safety Solutions reserves the right to review and change any of the Terms by updating this page at its own discretion. Any changes to the Terms take immediate effect from the date of their publication.

Welcome to the poolsafetysolutions.com.au website (the Website). The Website facilitates interactions between

Pool Inspector Phil Commandeur
and
Owner

Definitions
Agreement Pool Safety Solutions issues a signed agreement via email outlining scope of works, work method and limitations of Services.

Certificates
A certificate of compliance must be acquired when selling, buying or leasing a property with a regulated pool.
A certificate of compliance can only be issued once any defects mentioned within the report are completed in compliance with the pool safety standard.
Where the pool safety standard is not in compliance, a certificate of non-complicance must be issued.

Certified Pool Safety Inspector Also referred to as 'Pool Inspector', accredited under the Building and Development Certifiers Act and Regulation 2020, who, from the date of the Agreement, is authorised to carry out certification work including inspections of swimming pools and issuing certificates under the Swimming Pools Act 1992 while complying with the code of conduct in Schedule 5 of the Regulations.

Notice includes any notice issued under the Act or this Agreement.

Pool Safety Solutions Also referred to as 'I', 'Our', 'Us' and 'We', ‘Website’, the facilitator and/or Affiliates.

Property Owner Also referred to as 'You', the 'Owner', Property Owner Authorised Representative, or 'Individual' requesting the services of Pool Safety Solutions and engaging the Certifier to inspect and reinspect the pool. The Owner may ask the Pool Inspector named in this Report to reinspect the pool after the certificate of non-compliance is issued.

Date of Agreement
This Agreement commences from today's date.

Certification
These are the details of the Pool Inspector who will, from the date of the Agreement, carry out the certification work.

Pool Inspector Details
Name of Pool Inspector Phil Commandeur
Accreditation Number
 BDC3009

Pool Inspector Insurance Details
Name of Insurer Lloyds of London
Policy No/ Identifier 1608GL9394
Period of Cover 26/04/2021 to 26/04/2022

Fees & Payment Terms
Fees must be paid before the Pool Inspector carries out the work described under ' Services'.

  1. A certificate is issued for every inspection.
  2. A fee of $ 79+GST is charged to cover the administration costs as well as time taken in lodging, acquiring and issuing your certificate for every pool and spa inspection.
  3. A fee of $ 99+GST is charged for every spa inspection.
  4. A fee of $99.50+GST is charged for the first swimming pool inspection.
  5. A fee of $199+GST is charged for every pool reinspection.
  6. The Owner acknowledges if the invoice goes past seven (7) 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.
  7. Cancellation & Refund Policy available here> https://poolsafetysolutions.com.au/cancellation-refund-policy

By Pool Safety Solutions offering the Services to you, you agree to all payments made in the course of your use of the Services are made using St George Payway. In using the Website, the Services or when making payments in any relation to your use of the Services, you warrant that you have read, understood, and agree to be bound by the St George Payway terms and conditions which are available on their website here> https://payway.stgeorge.com.au/about

Services
You may not use the Services and accept the Terms if you are

  • not of legal age to form a binding contract with Pool Safety Solutions, or
  • not legally authorised to do so

The Pool Inspector will perform all work necessary to comply with relevant statutory requirements, including

  • Inspecting the swimming pool and spa
  • Assessing whether the swimming pool complies with the requirements for the issue of a certificate of compliance under S.22D of the Swimming Pools Act 1992
  • Issuing a certificate of compliance to the Owner if the swimming pool complies
  • Issuing the following if the swimming pool is non-compliant:
    - written notice under section 22E of the SP Act, and
    - a certificate of non-compliance within two (2) days of the date of inspection.
  • Providing a copy of the section 22E written notice to the relevant local council:
    - immediately where, in the opinion of the Pool Inspector, the pool poses a significant risk to public safety, or
    - after six (6) weeks from the date of inspection unless a certificate of compliance is issued beforehand.
  • If necessary, reinspecting the swimming pool, and issuing certificates and/or written notices, as appropriate.
  • Updating the property record on the NSW Swimming Pool Register, as required

Statutory Obligations C1.31 BDC Reg 2020
This attachment summarises the statutory obligations of the registered certifier who will assess your swimming pool or spa pool barrier, your obligations as the pool owner and the information found on Fair Trading’s online register of registrations and approvals, found on the NSW Fair Trading website >here and following this document.

By agreeing to this, you indicate you have

  • freely chosen to engage the pool inspector,
  • read the contract and any accompanying documents, and also
  • understand the roles and responsibilities of Pool Safety Solutions, the Owner or legal representative for the Owner and the Pool Inspector.

Consumer Complaints Procedures
In the event of any controversy or claim arising out of, or relating to the Report, either party must give written notice of the dispute to the other party. If the dispute is not resolved within ten (10) days from the service of the certificate, then the dispute shall be referred to a mediator nominated by the Pool Inspector. Should the dispute not be resolved by mediation then either party may refer the dispute for resolution by arbitration. In the event any litigation is brought as a result of the inspection and/or Report, you indemnify us against any legal fees and expenses incurred where you have not first allowed us the opportunity to visit the property to investigate the complaint and provide you with a written response within twenty-eight (28) days.

Governing Law
The Terms are governed by the law of New South Wales, Australia. Any dispute, controversy, proceeding or claim or whatever nature arising out of or in any way relating to the Terms and the rights, created hereby shall be governed, interpreted, and construed by, under and pursuant to the laws of New South Wales, Australia without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Electronic Signatures
The parties agree they have the right to execute this Agreement through electronic signature technology pursuant to the Electronic Transactions Act 1999 (Cth). The parties agree to the extent they sign electronically, their electronic signature is the legally binding equivalent to their handwritten signature. If either party would like a paper copy of this Agreement, a copy may be requested from Pool Safety Solutions.

Declaration
By signing this Agreement, I acknowledge I have read, acknowledge, understand and agree to the Terms as stated here and you are the authorised person to do so. I also acknowledge I have freely chosen to engage the Pool Inspector and read the terms and any documents accompanying this Agreement here> and understand the roles and responsibilities of Pool Safety Solutions, the Owner or legal representative for the Owner, and the Pool Inspector.

Note to Sales Agents & Conveyancers: without a contractual agreement with the Owner, you are unable to legally act, make decisions on behalf of and represent the Owner. Please contact Director Phil Commandeur on 0434 035 119

The Inspection & The Report
The following forms an integral part of the Report and must be read in conjunction with the entire Report. By relying upon the contents of the Report, you acknowledge the following clauses defining the scope and conditions of the inspection, form an integral part of the Report.

The Report is not an all-encompassing report dealing with pool construction, building or structure. It is a reasonable attempt to identify any obvious or significant defects apparent at the time of the inspection. Whether or not a defect is considered significant or not, depends, to a large extent, upon the age and type of barriers and fences inspected. The Report is not a Pool Safety Certificate with the requirements of any Act, Regulation, Ordinance or By-law. It is not a construction, building or structural report. Should you require any advice of a construction, building or structural nature, you should contact a builder or structural engineer.

Inspections are onsite only, limited to those areas and sections of the property fully accessible and visible to the Pool Inspector on the date of inspection. The inspection does not include breaking apart, dismantling, removing or moving objects including, but is not limited to, foliage, furniture, building elements, furnishings, appliances or personal possessions. The Pool inspector cannot see behind stored goods or concealed or obstructed areas. The Pool Inspector does not dig, gouge, force or perform any other invasive procedures to areas.

You agree Pool Safety Solutions and the Pool Inspector cannot accept any liability for failure to report a defect that was concealed by the Owner of the pool being inspected and you agree to indemnify Pool Safety Solutions and the Pool Inspector for any failure to find such concealed defects.

If you fail to follow the recommendations within the Report according to the Australian act and standards, then you agree and accept you may suffer a financial loss and indemnify us against all losses you incur resulting from your failure to act on our advice. You indemnify us in respect of any and all liability, including all claims, actions, proceedings, judgments, damages, losses, interest, costs and expenses of any nature, which may be incurred by, brought, made or recovered against us arising directly or indirectly from the unauthorised provision of the Report by you to a person without our express written permission.

The relevant local Government authority must be notified of non-compliance six (6) weeks after this certificate is issued. The local Government may take enforcement action, impose penalties or take other action.

No Access. No Inspection
We maintain communications at every possible point through the terms of this Agreement to access the property and conduct our inspection services. Should the Owner not be available at the property or access is not available to the property, the Pool Inspector has the right to terminate their services with the fee of that service being charged to the Owner.

Rescheduling Inspections/ Reinspections
Rescheduling of inspections and reinspections are subject to availability. 

Proof of Date of Construction
The Owner is required to supply a proof of date as to when the pool and/ or barrier was constructed or proof of date if/ when any major alterations to the pool, pool fence or boundary fences were made. As per the Swimming Pools Act 1992, if proof of date is unable to be acquired, the pool barrier will be assessed with AS1926.1-2012. 

Glass Caution
Glass panels in older fences or imported products may not necessarily comply with current glass safety standards AS1288. The inspection of glass falls outside of the scope of this inspection. In the interests of safety, a glazier needs to be consulted about whether glass panels and/or gates comply with the glass standard. Non-complying glass should be replaced with complying glass.

Asbestos Disclaimer
No inspection for asbestos is carried out at the property and no Report on the presence or absence of asbestos is provided. If you have any questions, you should seek advice from a qualified asbestos expert.

Additional Fees Due To Council Involvement
Due to the complex legal nature of pool compliance, an additional charge of $99+GST will be immediately incurred covering the administrative costs when council becomes involved. The Owner cannot contract us for the purpose of disinformation or by deceitful means where council is involved. This clause does not apply when providing a copy of Section 22E.

Workplace Health & Occupational Safety
By signing this agreement, the Owner is responsible for the property and the area being inspected. This area is required to be kept safe and clear from risk and hazards such as dogs, slippery floors, sharp objects, exposed electricals etc. Should the Pool Inspector become injured due to these risks or hazards while performing professional inspection services, the Owner is liable for full compensation regarding this.

Liabilities & Damages
We will not accept any liabilities or damages arising from our professional inspection services. According to pool safety legislation, Pool Inspectors must conduct strength and rigidity testing on the pool barrier with forces of up to 330Nm to approximately 33KG on posts and/or footings and up to 250Nm to approximately 25KG on sections between posts and/or footings. Damages as a result of this necessary testing is the Owner’s responsibility.

Disclaimer of Liability
No liability shall be accepted on an account of failure of the Report to notify any problems in the area(s) or section(s) of the subject property physically inaccessible for inspection, or to which access for inspection is denied by or to the Pool Inspector (including but not limited to or any area(s) or section(s) so specified by the Report).

Disclaimer of Liability To Third Parties
We will not be liable for any loss, damage, cost or expense, whatsoever, suffered or incurred by any person other than you in connection with the use of the Report provided pursuant to this agreement by that person for any purpose or in any way, including the use of the Report for any purpose connected with the sale, purchase, or use of the property or the giving of security over the property, to the extent permissible by law.

 


 

Information about registered certifiers – swimming pool inspectors

Important: this is a summary document only.

 

Before signing any contract for certification work, make sure you understand your obligations and what you are agreeing to. The Fair Trading website has more information about certifiers. Under section 31(2) of the Building and Development Certifiers Act 2018 and clause 31 of the Building and Development Certifiers Regulation 2020, a contract to carry out certification work must be accompanied by an applicable document made available on the website of the Department of Customer Service (which includes NSW Fair Trading)1. This is the applicable document for certification work involving a certifier registered in the class of swimming pool inspector. It does not apply to swimming pool inspections by a local council2.

This document summarises the statutory obligations of the registered certifier who will assess your swimming pool or spa pool barrier and your obligations as the pool owner. It also sets out the types of information that can be found on Fair Trading’s online register of registrations and approvals.


1 Visit www.fairtrading.nsw.gov.au and search ‘certification contracts’.
2 Council officers who inspect pools do not have to be registered as certifiers by Fair Trading.

Obligations of registered certifiers

The general obligations of registered certifiers include compliance with their conditions of registration, to hold professional indemnity insurance, comply with a code of conduct and avoid conflicts of interest.

 

Who does a registered certifier work for?

A registered certifier is a public official and independent regulator, registered by the Commissioner for Fair Trading.

Certifiers must carry out work in a manner that is impartial and in the public interest, even if this is not in the interests of the pool owner. Receiving a certificate is not guaranteed – the applicant is paying for the certifier to assess the application and determine whether or not a certificate can be issued.

It is a serious offence to attempt to bribe or influence a certifier, attracting a maximum penalty of $110,000 and/or two years imprisonment.

 

Obligations of the pool owner

As a pool owner, you have the following obligations:

  • Visit the NSW Swimming Pool Register at www.swimmingpoolregister.nsw.gov.au to register your pool.
  • Appoint, and enter into a contract with, your chosen certifier.
  • Pay the certifier’s fees before you receive a certificate. The certifier may refuse to issue a certificate of compliance until the fee is paid.
  • Ensure your pool barrier continues to comply at all times. If needed, ask your council to see a copy of the Australian Standard that applies to your pool.

What does a registered certifier – swimming pool inspector do?

A registered swimming pool inspector is authorised to carry out all certification work under the Swimming Pools Act 1992, but not if the swimming pool achieves compliance with the performance requirements of the Building Code of Australia by means of a performance solution. They cannot issue certificates under the Environmental Planning and Assessment Act 1979 for newly-constructed pools.

Registered building surveyors (a different type of certifier) also certify pool barriers. Only a building surveyor may certify a pool that has a performance solution under the Building Code of Australia.

A swimming pool inspector may issue a certificate of compliance if the pool barrier complies with requirements under the Swimming Pools Act. A certificate of compliance is valid for three years and may be required in order to sell or lease the property.

If the swimming pool is non-compliant, the certifier may issue a certificate of non-compliance and a notice of non-compliance setting out the defects.

 

Notes about swimming pool certificates of compliance

  • A certificate of compliance is not an occupation certificate and does not certify that the pool meets all conditions of its original development consent
  •  A certificate of compliance becomes invalid if the council issues a direction requiring compliance with the Swimming Pools Act.

Non-compliant pool barrier

If a swimming pool is non-compliant, you will need to address the defects set out in the certifier’s notice, then contact the certifier (or another certifier or the council) for a reinspection.

If you do not obtain a certificate of compliance within six weeks of the first inspection, the certifier must send the notice of non-compliance to the council, which may take enforcement action.

If the certifier deems the pool to be a significant risk to public safety they must notify the council immediately and the six-week period will not apply.

Information about registered certifiers – swimming pool inspectors – October 2020

Minor repairs to pool barriers

Some certifiers can do minor repairs to a non-compliant pool barrier that they have inspected, but only if:

  • they are licensed or authorised under the Home Building Act 1989 to construct a swimming pool or structural landscaping, and
  • the repairs cost no more than $1,000 including materials and labour, and
  • the repairs are for the purpose of issuing a certificate of compliance.

You can check if a certifier is authorised to do minor repairs by checking their Home Building Act licence or certificate number at www.service.nsw.gov.au (search ‘builder licence’).

 

Finding more information on certifiers

Details of the class of registration each certifier holds, their period of registration, professional indemnity insurance and disciplinary history can be found at www.fairtrading.nsw.gov.au:

Questions?

Visit www.swimmingpoolregister.nsw.gov.au and follow the ‘information’ or ‘inspections’ tabs for more information and swimming pool safety and certification.

You can also visit www.fairtrading.nsw.gov.au and search ‘concerns with development’ for information about how to resolve concerns about a certifier.

Note, although Fair Trading regulates certifiers, it does not mediate in contract disputes and does not regulate councils carrying out their functions under the Swimming Pools Act. Visit the Fair Trading website for more information.

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