Other questions…

Do I need to register my pool?

Absolutely, but this is very easy to do, and is the first step in the process to gaining pool certification. In 2013, the NSW Swimming Pool Register was created, and it was subsequently deemed compulsory for all pools and spas to be registered under the Swimming Pool Amendment Act 2012 No 77.

To register your pool, go to https://www.swimmingpoolregister.nsw.gov.au/pooldb/pgOwnerLanding and follow the prompts. This is a self-assessment entry, and you will be asked a few details about your pool.

If you are having trouble registering your pool, we shall be able to do this for you once you have booked your inspection. When booking a pool barrier inspection there is no charge for us to register your pool for you. We can also walk you through how to do this online on the telephone.

If not booking an inspection with us then the fee for registering your pool is $40.00 per pool.

What is a swimming pool ‘Certificate of Compliance’?

This is a government issued certificate that verifies that your pool has been inspected by a certified, licensed and insured inspector and has been deemed to be safe and compliant as per government mandated safety regulations.

Please note: inspections are ‘point in time’ inspections – just because the barriers were compliant when the inspection took place does not mean that they are compliant at a later date. It is the pool owner’s legal responsibility to maintain the barriers to be compliant at all times.

What is a swimming pool Certificate of Non-compliance?

These are issued if your pool has been inspected and deemed not to satisfy the requirements for the awarding of a Certificate of Compliance. ‘Dolphin Pool Safety Inspections’ will notify you of this with a detailed report indicating what needs to be rectified/modified in order to pass compliance. A Certificate of Non-compliance is valid for up to 12 months if the property is for sale. 

However, if the issues of non-compliance are not resolved within 6 weeks of inspection, ALL certifiers are required by law to notify their local council of this and send them a copy of the report. If the pool has been deemed as ‘posing a significant risk to public safety’ as the non-compliance issues are serious, then council must be notified immediately. They will most likely issue a Direction to remediate all issues of non-compliance. You can sell your house with a Certificate of Non-compliance, and in this case the purchaser must resolve all issues and obtain a Certificate of Compliance within 90 days of settlement. However, if the pool is deemed to ‘pose a significant risk to public safety’, then the 90-day grace period is waived.

What sort of pools need to be registered and certified as compliant?

For compliance purposes, the definition of a pool is ‘any structure containing water to a depth greater than 300mm and used primarily for swimming, wading, paddling or the like, including a bathing or wading pool, or spa pool’ (AS1926.1-2012 Cl. 1.3.22). This includes above-ground pools, spas and wading pools, but does not include fishponds that are not normally used for swimming. Paddling pools, and smaller above ground pools, if they can potentially be filled to 300mm in depth, are legislated to have a compliant pool barrier.

How do I know if my pool has a Certificate of Compliance or not?

That’s easy. Go to https://www.swimmingpoolregister.nsw.gov.au/ and click on the blue box to the right called ‘LookUp Pool’. Follow the prompts by inserting the address and it will show whether your pool has been registered, and if it has a current Certificate of Compliance or Non-compliance.

N.B.: Newer houses, may still have a current Occupation Certificate. The pool would have had to have been assessed as compliant when constructed, and the O.C. is proof of this. These act in the same way as a Certificate of Compliance but are not recorded on the Swimming Pool Register. O.C.’s are valid for 3 years, and if a new certificate is required then it is a Certificate of Compliance that must be sought.

What do I need to do to get a Certificate of Compliance?

The first thing you need to do, if the pool is not registered, is to register the pool. Remember, it is the pool that is being registered and not the pool’s owner/s. If you sell or buy a property with a pool which has a Certificate of Compliance, this remains valid until its date of expiration. (If you are selling your house, you may choose not to put your email details etc. on the register as you will soon no longer be the owner.)

Do I need to get a pool barrier inspection?

• Yes – if you are leasing or renting your house
• Short Term Holiday Accommodation (STRA), such as those on AirBnb, Stayz etc. is not required to have a compliant pool barrier under the Swimming Pools Act 1992. However, please do check your insurance policy as those companies that insure STRA usually require a current Certificate of Compliance. Many insurance companies do not cover STRA at all. You are advised to check with your insurer.
• Yes, if you are selling your house.

I am selling my house. What do I need to do?

Since 29 April, 2016, when selling your house, you need to have one of the following attached to your Contract of Sale:

• A current Certificate of Compliance
• A current Occupation Certificate
• A current Certificate of Non-compliance.

I am selling my apartment. Do I need a Certificate of Compliance?

No, it does not have to be attached to the Contract of Sale. Every local council has been mandated to carry out their mandatory swimming pool inspections on all visitor and tourist accommodation, as well as all multi-occupancy residences of more than two dwellings.

As such, this ensures that pools and spas in common areas of apartment blocks are ALWAYS compliant. These inspections MUST take place at least every three years. However, unfortunately, we have seen instances where this is not the case. It is always best to check that the pool concerned is compliant by using the ‘Lookup Pool’ facility on the Swimming Pool Register website. If there are any concerns or issues, it is suggested to check with the Body Corporate to find out further details.

I am renting out my house. Do I need a Certificate of Compliance?

Yes. A property cannot be let without a current Certificate of Compliance. You run the risk of serious fines if you do rent your house out without this. Unlike when a property is for sale, a Certificate of Non-compliance is not sufficient. As well, if a terrible accident were to occur, it is most likely that your insurance would not cover you as you would have no proof that your pool’s barriers were compliant. It is up to the owner to monitor the date of expiry of the Certificate of Compliance, and ensure that they order the inspection for the follow up inspection in a timely manner.

I have a holiday house/apartment that has a swimming pool. Must I get a Certificate of Compliance?

No, this is not a legislated requirement under the Swimming Pools Act 1992 as such STRA are not deemed to be ‘tourist and visitor’ accommodation, but a ‘dwelling’, and so, for pool barrier compliance purposes, are considered to be like any other residence. However, MOST insurance companies require such a certificate for your insurance coverage to be accepted. If you let your house without this, and a dreadful accident were to occur, it is doubtful that your insurance would cover this accident as there is no proof that the pool barriers were safe and compliant.

As well, if you were going to stay at a holiday house, would you not want the pool’s barriers to be safe and compliant? It is very often families with children who stay at holiday rental properties, and you may lose bookings if potential guests do a search on the Swimming Pool Register and learn that your pool is not in possession of a Certificate of Compliance.

For holiday apartments with a pool and/or spa on the common property, check the ‘LookUp Pool’ facility to check the pool is compliant. As an apartment owner, you do not have to organise inspections as it is up to the Body Corporate to ensure this is happening.

If you do find that there is no current Certificate of Compliance for the pool in your apartment block, then please do address the matter with the Body Corporate, and contact us so that we may carry out this inspection for you.

I am renting a house and the pool barriers look dodgy. How do I check if they are compliant?

Again, go to https://www.swimmingpoolregister.nsw.gov.au/ and click on the blue box to the right called ‘LookUp Pool’. Follow the prompts by inserting the address and it will show whether your pool has been registered, and if it has a current Certificate of Compliance or Non-compliance.

If it does not have a Certificate of Compliance, this is against legislation, so contact the agent, owner, or even the Department of Fair Trading. And then immediately request that we carry out an inspection on the pool, so that a Certificate of Compliance may be issued. If the barriers are not compliant a Certificate of Non-compliance will be issued along with suggestions of possible ways of rectifying the issues.

Remember that new houses, registered within the last three years, may have a current Occupation Certificate, which is valid for pool barrier certification purposes. Unfortunately, these are not noted on the Swimming Pool Register, but should have been attached to your lease agreement .

If the pool does have a Certificate of Compliance, and the issues are those of maintenance, e.g. the gate does not self-close/lock, do contact the owner or agent to have these immediately addressed.

What happens when I sign up for a pool barrier inspection?

First thing is, you contact us. Either phone us on 0401 276 770 or email us (info@inspectmypool.com.au) and we shall give you a call.  We then organise a mutually suitable time for the inspection.

Following this, we email you a contract. It is legislated in NSW that no inspection may take place without a completed and signed contract having been received, and payment made.

If you have any questions, and people usually do, we are happy to have a chat and try to answer them to give you the greatest chance of achieving compliance first time.

The inspection is then carried out. Within 3 days, and usually within 24 hours, you will receive your Certificate of Compliance, or if not compliant, a Certificate of Non-compliance. You will also receive a report of the inspection. The latter is very detailed and in plain English. We identify issues, show them in photos, reference where in the legislation this is identified, and make possible suggestions as to how to fix the issue.

How long does an inspection take?

Usually about an hour, but some ‘more complicated’ pool barriers can longer to assess on site…and often we ‘chat’ for quite some time with owners, explaining compliance issues where they have questions, and how these issues may be rectified.

When can you do inspections?

We are free to do inspections 7 days a week, in daylight hours.

Do we have to be there while you do the inspection?

No, we often get key/entry instructions and do inspections when the owner is not there (just warn us about any dogs that may be in the back yard, please). However, during the current Covid 19 situation, inspections must be done in a manner which respects Covid-safe distancing.

If I am in a hurry to get an inspection done, how much notice does ‘Dolphin Pool Safety Inspections’ need?

We can usually do an inspection within 24 hours, weather permitting, and sometimes even the same day.

Are there any checklists so that I can check whether things are compliant before you do the inspection?

Yes, absolutely. The Department of Fair Trading has done the hard work for us in this area. These checklists cover most things, but are not complete documents. Some finer details are not included. They can be found at: https://www.swimmingpoolregister.nsw.gov.au/checklists

Should I ask my local council, or a private certifier, to carry out the pool barrier inspections on my pool?

That is entirely up to you. Council inspections are a little cheaper, but you get what you pay for. Our non-compliance reports go into great detail to make things very clear for you. Having such a detailed record, that includes dated photos of all issues,  along with specific reference to the legislation concerned, is probably an important record to have in case of queries at a later date.

We can also do inspections at any time, and not just between 9 and 4 on weekdays, and usually within 24 hours of requesting the inspection. We are able to take calls should you need to speak with us, to clarify your understanding of any non-compliance issues and how they may be remediated.

As well, private inspectors cannot issue fines whereas council inspectors are mandated to do so. Fines can be up to $550.00, and up to $5,500.00 if the matter goes to court. If we see evidence of such things e.g. of a pool gate having been propped open with a brick/pot plant, we will definitely draw your attention to the dangers of them, but we are not mandated to issue fines as council officers are.

As well, private inspectors such as ‘Dolphin Pool Safety Inspectors’, are only there to inspect a pool’s barriers for compliance purposes. They have had no training in being able to assess other issues, such as unauthorized works, and this is not their field of competence.

Many council inspectors mostly do building inspections and just do pool inspections during a small part of their day. Private inspectors only do pool inspections, as that is what we specialize in, and our knowledge is maintained with regular professional training,  discussions/meetings/seminars/Zoom meetings with other like-minded professionals in the pool barrier compliance inspection industry. Being specialists in the pool compliance inspection industry our knowledge is thorough and detailed.

My pool was inspected by council, or another private certifier, and failed. Do I have to get the same certifier to do the follow-up inspection?

No. In the Swimming Pools Act 1992, Section 22C (1) it says that, ‘The owner of any premises on which a swimming pool is situated may, at any time, request the local authority (i.e local council) or an accredited certifier (e.g. Dolphin Pool Safety Inspections) to inspect the swimming pool.’  This means that you are free to engage any pool barrier safety inspector for any inspection in the compliance inspection process.

Even if the council has issued a Direction for works to be completed, once the work has been done you are free to ask a private certifier to do the compliance inspection.

We can check the details of the previous inspection on the Swimming Pool Register.

For how long is a Certificate of Compliance valid?

Three years

Are your pool barrier safety inspectors all fully accredited and insured?

Yes, absolutely, and at all times. Details of current insurance policies and inspectors’ licence numbers are on our contracts.

How long does it take to organize an inspection with Dolphin Pool Safety Inspections?

As long as it takes to contact us – we are at your service and happy to organize an inspection at your convenience once contact is made.