Under the newest legislation regulating the ownership of pools and spas in Victoria, each pool is required to be inspected by a Building Inspector (Pool Safety) every four years. Pools and spas which pass their inspection are issued with a Certificate of Pool and Spa Barrier Compliance, also known as a Form 23 under the Building Act 1993 (Vic) and Building Regulations 2018 (Vic). As an owner of a pool or spa, what can you expect to see listed on a pool safety certificate?
The form begins with the identifying details of the owner. The first important detail is the name of the owner of the land on which the pool or spa resides. It is important to note that if a property is not owner-occupied, or is tenanted, the property owner is responsible for the maintenance, upkeep and registration of the pool.
Listed below the name of the owner are their contact details, such as postal address, phone number and email address, as well as a postal address. These must be correct. In the case there is an issue with the pool and the owners are required to be contacted, contact details are readily available. Not being able to contact the owners of the pool may become an issue when there are breaches in safety protocols.
To your council, your street number and name are not the only way to identify your property. Not only will you find your standard street address (eg number, street, suburb and postcode), but you will find a range of other identifiers too. Your local council uses Lot numbers, crown allotment numbers, Parish identifiers and Municipal district identifiers to identify properties. Many of these identifiers are largely historic, however, Councils choose to continue to keep them on record in the case of a debate over property boundaries.
Pool or spa particulars
This next section records the particulars of the pool. First is a section where your inspector ticks the box which applies to your pool or spa. Listed are the different pools and spas, whether it is a permanent or relocatable pool or spa.
The date of construction of your pool or spa is noted under subsection 5. This is important as legislation and regulations have changed over the decades, meaning your pool and fence may adhere to a different code to someone who had their pool or spa built at a different time. The various building codes and safety standards are listed on the certificate for the inspectors’ convenience.
Under subsection 8, there is a section for the inspector to note the date or dates of their inspections. If your pool or spa fails an initial inspection, the date of all the inspections are indicated on the certificate. This is to assist accurate record keeping and the safety of you and your family.
Remember, this certificate needs to be reissued every four years.
Certificate of compliance
This next section is the most critical in the certificate, as it is where the pool safety inspector confirms whether your pool or spa is compliant. It is noted in subsection nine that they have addressed any non-compliance issues with the fence and are now satisfied with the standard of the pool or spa fence.
By signing this paragraph, they acknowledge your pool or spa is compliant and ready for safe use. Pool Safety Compliance Officers are highly trained individuals that are confident in their ability to help you and your family create a safe environment in and around your pool. They have extensive legal obligations as they are specially trained individuals.
The final section of the Certificate of Pool and Spa Barrier Compliance outlines the pool inspector’s details. As mentioned above, these inspectors have huge legal responsibilities, and all their details must be correct. General contact details, such as name, address and email address, are required. Noted, also, are details such as ACN or ARBN, the building practitioners registration number, and the name of the Municipal or Local Council name.
An ARBN is an Australian Registered Body Number. This is a unique nine-digit number allocated to businesses when registered with ASIC (Australian Securities and Investment Commission). An ACN is similar; only the company is registered under the Corporations Act, instead of ASIC. These identifiers are essential as it ensures that all pool inspectors are registered and up to date with the latest legislative changes.
Now you have a better understanding of your compliance certificate, or Form 23, you are well on your way to being a more informed pool or spa owner. If you haven’t had your compliance certificate issued yet, book your inspection today.
For professional advice and assistance with safety and pool inspections, contact our friendly team today.