About us
At Alpha Pool safety Inspections, we are passionate about the safety of children in and around pools and spas. As a family owned business we take pride in providing comprehensive pool safety inspections.
Our focus is “Safety First, is Safety Always.”
Shaun Phillips, Owner of Alpha Pool Safety Inspections
We understand the importance to you that your property is in line with the latest legislation and current NSW safety laws.
We are N.S.W. compliant, certified, fully insured and up to date with all the rules!
We service Sydney metro, and some outer regions.
Failure to comply, or failure to register and arrange an inspection can incur serious penalties and put your family and loved ones at risk.
There’s is no need to worry, at Alpha Pool Safety Inspections, we make it simple, by following the prompts “Book an Inspection” or contact me, we’ll get back to you via email right away
10 Reasons to choose Alpha Pool Safety Inspections
Alpha Pools
Alpha Pool Safety Inspections - What are your legal obligations?
The Homeowner
Current laws owning a property with a swimming pool and or spa in NSW.
The pool owner’s obligation and responsibility!
All homeowners/ property owners with a swimming pool and or spa must first register.
It’s quick and easy.
To register your pool and or spa, go to NSW Swimming Pool Register.
Follow the prompts to register, this will include the following;
- the address of the pool ( as it appears on your rates notice)
- type of property- private residence, units, hotel, tourist park, resort etc
- Is the property waterfront or on land greater than 2 hectares or less than 230 square meters.
- When was the pool or spa built? Do you have evidence? ( check with your local council)
- If the pool barriers has been substantially rebuilt and or modified, if so, when did that take place and do you have evidence.
Once this is complete please contact us by phone or online.
It’s quick and easy. There is booking sheet which include a questionnaire and service agreement, required by law – The Swimming Pools Act 1992.
This requires just a few minutes, it’s designed to have the information required in order to make the process easy and efficient.
What you need to know about your pool!
All pool owner must ensure their pool complies with the laws that applied when their pool was built (evidence may be sourced in your local council or if you have the evidence by your pool builder at the time). If there is no evidence, compliance must be within the guidelines of the most up to date laws.
Over 90% of pools barriers have failed compliance due to alterations since its original built date. Because of this you must make sure the pool barrier is safe and compliant.
Unfortunately for most pool owners, it is almost impossible to understand all the legislation to work out if the pool barrier complies. There are 3 sets of standards, regulations and acts… Most pool owners need advice from a Pool Safety Inspectors.
You must consider the risk of not acting:
- If an unfortunate tragedy would occur in your pool due to non-compliance issues, you may be sued and or jailed
- Councils have the authority and power to enter on to your property to investigate your pool area and barriers. If there is evidence of non-compliance issues, and barriers are not dealt with and rectified, they may issue fines up to $5,500
- The State Government can issue fines for non-compliance.
Please call us, email us and take advantage of some free advice. Let us arrange an inspection and help keep you and loved ones safe
The Seller
Current laws selling a property with a swimming pool in NSW.
From 29 April 2016, new laws apply to the sale and lease of properties with a swimming pool and or spa in NSW.
These laws have an impact on all who are buying selling or leasing a property with a pool and or spa pool.
If you are selling a property with a pool, your contract for the sale must have one of the following be attached:
- A certificate of compliance; or a relevant occupation certificate and certificate of registration
- A certificate of non-compliance
Failure to attach one of the above may render the contract of sale for the property incomplete and enable the buyer to rescind the contract for the sale.
Please note;
These new laws do not apply to properties with more than two lots and a shared pool, such as units in strata complexes or community schemes.
Seller’s responsibility
Arrange for one of our certifiers to inspect your pool (unless a relevant occupation certificate applies).
We recommend you to do this well in advance of listing your property to allow for the availability of one of our accredited certifiers to carry out the pool inspection and provide you with a;
– Certificate of compliance or
- A certificate of noncompliance and an inspection report.
If your pool is assessed as compliant, ensure that the certificate of compliance is attached to the contract of sale.
A certificate of compliance or relevant occupation certificate is valid for three years from the date of issue.
If your pool is assessed as non-compliant, you can either:
- Have a tradesman to remedy any defects that have been identified and in the meantime we will arrange a re-inspection within a six week period after the initial inspection.to obtain a certificate of compliance or,
Attach the certificate of non-compliance to the contract of sale. The new buyer then has 90 days from the date of settlement to repair and fix all the defects listed and bring back to the compliant standards.
The Buyer
Current laws buying a property with a swimming pool in NSW
From 29 April 2016, new laws apply to the sale and lease of properties with a swimming pool and or spa in NSW.
These laws have apply to all that are selling, buying or leasing a property with a back yard pool and or spa pool.
If you are buying a property with a pool and or spa , you must check that one of the following is attached to the contract for the sale:
- A certificate of compliance; or
- A relevant occupation certificate and a certificate of registration; or
- A certificate of non-compliance
Buyer responsibility
- The new buyer of a property with a pool, is responsible for maintaining the pool barrier as a compliant, child-resistant barrier for the 3 year period and onwards.
For the new buyer of the property with a non-compliant pool, you take on responsibility for ensuring that your pool is made compliant. You have 90 days from the date of settlement to complete all repairs as per the non-compliance certificate.
The Landlord and The Tenant
From 29 April 2016, new laws apply to the sale and lease of properties with a swimming pool and or spa in NSW.
These laws have an impact on all who are buying selling or leasing a property with a pool and or spa pool.
If you are a landlord and a tenant of a property with a pool and or spa, you must check that one of the following is attached to the contract of sale:
A certificate of compliance
For new leases signed after 29 April 2016, the landlord provides the relevant certificates to the tenant at the time the residential tenancy agreement is entered into. Please refer to the Schedule 1 “Standard Form Agreement” created under the Residential Tenancies Regulation 2010.
Your responsibilities and obligations as a landlord
Landlords who have pools and or spas
- Ensure your property’s pool and or spa has a compliant, child-resistant barrier, permanent at all times in the surrounding area.
- Ensure that your property’s pool and or spa is registered on NSW Swimming Pool Register.
- Provide a copy of the applicable certificate/s to the tenant at the time of entering into the residential tenancy agreement before the tenants are moving in.
The tenant – before you move in
- You must be provided with the applicable certificate/s at the time of entering into a residential tenancy agreement.
- Take responsibility to ensure that the pool barrier is kept in good order and the upkeep the responsibility of the landlord (by the landlord).
- Take responsibility to ensure that doors and gates opening onto the pool area are kept closed when not in use at all times.
- Take responsibility to ensure that a compliant cardio-pulmonary resuscitation (CPR) sign (provided by the landlord) is clearly visible in the pool area and is readable at all times within a 3 metre range.
Both obligated to each other – Landlord and tenant
- Both landlords and tenants must insure that all barriers, gates and latches be in a compliant and safe order. Both must make sure that there are no climbable objects placed against or in a very close proximity to all pool barriers from the outside entry to the pool area.
- The tenant should inform the property manager and the landlord immediately of any pool barrier or pool area-related defect so that it can be remedied
The Real Estate Agent
Buying and selling the property these are the laws!
Your responsibility and obligation to your clients
From 29 April 2016, new laws apply to the sale and lease of properties with a swimming pool and or spa in NSW.
These laws have an impact on all who are buying selling or leasing a property with a pool and or spa pool.
If you are selling a property with a pool, your contract for the sale must have one of the following be attached:
- A certificate of compliance; or a relevant occupation certificate and certificate of registration.
- A certificate of non-compliance
These documents are “prescribed documents” within the meaning of the NSW Conveyancing Act 1919 and are listed in the NSW Conveyancing (Sale of Land) Regulation 2010.
Failure to attach one of the above may render the contract of sale for the property incomplete and enable the buyer to rescind the contract for the sale.
Please note;
The current laws stated don’t apply to properties with more than two lots and a shared pool, such as units in strata complexes, holiday parks, motels or community areas.
This information sheet should be read in conjunction with the NSW Conveyancing (Sale of Land) Amendment (Swimming Pools) Regulation 2016
Your responsibility and obligation to the law
- Ensure that the contract of sale is complete which will include an attached and relevant document as prescribed above, before listing the property and completing the sale.
- Ensure that all certificates attached to the contract for the sale remain current to enable continued marketing of the property.
- If a property is sold within a six week period as per the date on the certificate of non-compliance which is attached to the contract of sale, the new owner has 90 days in which to repair the issues listed in order to have a re inspection conducted for a compliance certificate to be issued
- This compliance certificate is valid for 3 years.
The Property Manager
From 29 April 2016, new laws apply to the sale and lease of properties with a swimming pool and or spa in NSW.
These laws have an impact on all who are buying selling or leasing a property with a pool and or spa pool.
The property manager’s responsibility to the landlord and tenant
The property manager must check that the landlord has a current certificate of compliance with the relevant residential tenancy agreement. Only then may the tenants move in.
The process is;
- The registration can be downloaded from the NSW Swimming Pool Register.
http://www.swimmingpoolregister.nsw.gov.au/
- Once the property owner has registered the pool and or spa, contact us.
- One of our accredited certifiers will attend to the property and inspect the pool.
- If the pool has any non-compliant issues identified, a certificate of non-compliance will be issued.
- The landlord has up to 12 months in order to rectify the issues stated in the non-compliance certificate. Once these issues are rectified, please contact us to re-visit and we will assess the areas. Once we identify the areas are compliant, we will issue a certificate of compliance for you to attach with the tenancy agreement.
- The compliance certificate is valid for 3 years.
- The property manager is responsible to have the tenant inform you and the landlord immediately if there are any issues and defects identified to the pool barrier and/or gates. These safety issues must be dealt with and rectified immediately.
- A compliant cardio-pulmonary resuscitation (CPR) sign (provided by the landlord) is clearly visible in the pool area and is readable.
The landlord’s responsibility to the tenant and property manager.
- The landlord’s obligation is to maintain the pool fence barrier as a compliant child resisting barrier.
- The pool fence is kept in good order
- Have no climbable objects within 900mm close to any and all pool fences, e.g. Pot plants, trees.
- The locking devices of any doors, gates and windows opening onto the pool area are always in perfect working order and kept closed when pool area is not in use.
- A CPR sign – (compliant cardio-pulmonary resuscitation) must be clearly visible, readable and fixed to a part of the pool barrier. In the pool area.
- Have a current certificate of compliance
The property manager and the tenant
- As a property manager, you should ask the tenant to inform you and/or the landlord immediately of any pool barrier or pool area-related defect so that it can be remedied
The Body Corporate
From 29th April 2016, Pool Safety Laws will be applicable to Body Corporates and Community Titles Schemes that have swimming pools in NSW.
Where one of the lot owners is selling a unit on a property with a pool, you must be in possession of a copy of any of the following:
- A valid Certificate of Compliance, or
- A relevant Occupation Certificate (the Occupation Certificate is a certificate issued under the Environmental Planning and Assessment Act 1979 authorizing the use of the swimming pool and this document must be less than 3 years old..
When one of the property owners enters a tenancy agreement with a new or existing occupant on a property with a pool, the following must be in place at the time of signing the tenancy agreement:
- The pool in question must be listed on the NSW Pool Safety Register.
- A valid Certificate of Compliance must be in place.
- A copy of the valid Certificate of Compliance must be in the possession which will be available to all homeowners, landlords and tenants of the building.
Important to note:
It is recommended not to delay this process until one of your property owners wants to sell or lease their unit. Attend to it right away and avoid unnecessary costs as a result of delays and distractions.
Once a Certificate of Compliance is issued, it will remain valid for 3 years for a communal pool
Testimonials
Great service from right from the initial phone call, to the supply of the report which was detailed and easy to understand, I found Shaun easy to deal with and with a professional manner.
Mal. P.Sapphire beachMy pool wasn’t compliant, when speaking with Shaun, he took the time to explain what was required to be fixed. His recommendation saved us money. He was very helpful. Thanks!
Harry. SNambucca HeadsI was very impressed with the prompt service and how quick we received out Pool Compliance Certificate.
Marlene. K.SawtellShaun was very helpful to my client, and in our business, servicing a client with a residential property whether buying or selling, time is everything! I will be recommending you to my clients in the future thanks Shaun – Assured Building Inspections.
Aaron.H.Coffs Harbour.Thanks Shaun, we will forward your report to the client ,clear precise detail. Very prompt service.
David. G.Ray White Realty - Port Macquarie.
Checklists
To help you through the maze, you’ll need to find the appropriate self-assessment checklist. Ask yourself the following:
- When was your pool built and installed?
- If the pool fence and barriers were altered or substantially rebuilt, when did that occur? Do you have documented proof?
- What type of pool do you have – indoor? Spa pool? Outdoor? Portable?
- Do you know if the pool was built before 1 July 2010? If that’s the case, the rules are different if you have:
- a waterfront property,
- a small-sized property (less than 230 square meters of property/ land)
- Or a large property (over 2 hectares).
Note:
These self-assessment checklists are provided to give you an indication about whether or not your pool barrier meets the requirements in NSW. It is not intended to provide a compliance certified outcome
A professional compliance inspector will use a more comprehensive and technical checklist relative to the latest NSW applicable swimming pool barrier safety laws of which will result in a different outcome upon inspection.
Your Pool Inspection Self-Assessment Checklists
Indoor Pool
This checklist is for all indoor pools, including spas that do not have a lockable child-resistant lid
Once done, book your pool inspection with Alpha Pool Safety Inspections
Spa
This checklist for all Spa pools except indoor spa pools
Once done, book your pool inspection with Alpha Pool Safety Inspections
Outdoor Pool 1
This checklist for outdoor pools built before 1 September 2008 that are not on waterfront, large-sized or small-sized properties
Once done, book your pool inspection with Alpha Pool Safety Inspections
Outdoor Pool 2
This checklist for outdoor pools that were built between 1 September 2008 and 30 April 2013 that are not waterfront, large-sized or small-sized properties.
Applies to all pools built between 1 July 2010 and 30 April 2013 regardless of property type.
Once done, book your pool inspection with Alpha Pool Safety Inspections
Outdoor Pool 3
This checklist for outdoor pools built after 1 May 2013.
Once done, book your pool inspection with Alpha Pool Safety Inspections
Portable or Inflatable Pool
This checklist for all portable or inflatable pools.
Once done, book your pool inspection with Alpha Pool Safety Inspections
Outdoor Pool - Waterfront Property
This checklist is for outdoor pools that are not spas or portable/inflatable pools built on waterfront properties.
Once done, book your pool inspection with Alpha Pool Safety Inspections
Outdoor Pool - Large Property
Use this checklist for outdoor pools that are not spas or portable/inflatable pools that are built on properties of 2 hectares or greater in size.
Once done, book your pool inspection with Alpha Pool Safety Inspections
Outdoor Pool - Small Property
Use this checklist for all outdoor pools that are not spas or portable/inflatable pools built on properties that are less than 230sqm in size.
Once done, book your pool inspection with Alpha Pool Safety Inspections
Still not sure if your pool complies?
Take a photo on your phone, email it to us and well get back to you!
All you have to do is take some photos of your fence and barriers with your phone, digital camera, iPad or android.
Take a couple of photos around your pool, text us- tell us a little about your concerns. You can use the checklists for some help.
There may be some simple and minor issues that you can resolve and do yourself, save you time and money by not having to deal with re-inspection fees.
Maybe as little as moving the pot plants and furniture.
We encourage you to use this service, we have found more than 80% of our clients find this useful, practical and save money!
Service fees
Residential – non shared pools |
Price |
|---|---|
| Initial inspection | $250 |
| Re-inspections | $154 |
| Supply of current compliant CPR sign | $35 |
Commercial – shared pools – quoted based on size and complexity
|
Price |
|---|---|
| Initial inspection | from $275 |
| Re – inspection | from $200 |
Fees and services listed are including GST
Contact Shaun on 0490 035 067
At Alpha Pool Safety Inspections we are committed to getting you compliant the first time. We offer the very best in service and value for money.
Body Corporations
We understand that Body Corporations make payments mid-month and end of month. (However, a Certificate of compliance or Certificate of non-compliance and Written Notice of Non Compliance can only be issued once payment is cleared).
Special Note
NSW legislation requires that payment and a signed Service Agreement is obligatory and must be finalised prior to the commencement of the inspection.