The pool barrier compliance deadline does not change the role of the PSI, but PSIs can expect pool owners to have a lot of new questions about how the deadline affects forms 26 and 36.
Anyone who is the owner of a pool is responsible from 1 December for ensuring the fence complies. A form 26 and 36 does not change this.
There are no changes to pool safety certificates. Certificates are still only needed in the event of sale or lease, and the time allowed for getting a certificate won't change.
A pool can still be compliant even without a certificate. A certificate is just confirmation that a PSI has inspected the pool and found it to be compliant.
A PSI conducting a formal inspection must always issue either a nonconformity notice (form 26) or a pool safety certificate.
If the PSI issues a form 26, they must still give a copy to the local government after three months if the pool owner has not requested a re-inspection.
For the owner, receiving a form 26 does not change their obligation to make sure the pool fence complies from 1 December.
A pool owner who is selling can still sell without a certificate, provided they give a form 36 (Notice of no certificate) to the buyer, the QBCC and, if selling a unit, the body corporate. This also applies to leasing a property with a shared pool.
The form 36 does not change the fact that while the seller still owns the property, they are responsible for ensuring the fence complies from 1 December.
A buyer who receives a form 36 has 90 days after settlement to obtain a certificate, but from 1 December, as the new pool owner, the buyer is responsible for ensuring the pool fence itself complies at all times.
The owner of a non-shared pool continues to require a certificate at the time of entering any new lease.