Tradie Talk

Pool safety nonconformity notices and the appeals process

Children jumping into a swimming pool

The QBCC has received complaints from pool owners about Pool Safety Inspectors (PSIs) issuing nonconformity notices that don’t comply with the requirements of the Building Act 1975

Whilst it is not mandatory for PSIs to use a Form 26 when issuing a nonconformity notice, a Form 26 includes all the details that are required.

A Form 26 also includes required information about the appeals process and how to contact the building and development dispute resolution committees, as a pool owner who disagrees with a nonconformity notice may appeal to the committees.

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Let’s work together to stop unlicensed contracting

Builder working on site.

At the QBCC, we are determined to go after unlicensed rogues who do the wrong thing by the construction industry and their customers.

In order to do this, we need your help.

We rely on the public – that includes licensees, home owners, neighbours and everyone in between – to provide us with information and, most importantly, evidence of unlicensed building work.

Concerns over pool barrier compliance deadline

Pool Safety Inspectors (PSIs) and the QBCC have received numerous enquiries from pool owners concerned about missing the 1 December compliance deadline.

Only local councils have the power to enforce this requirement and issue fines against noncompliant pool owners.

QBCC can help with advising what the legal requirements are:  If you’re a pool owner, the law applies to you from 1 December and we encourage you to work towards compliance as soon as you can.

Foundations data

Earth works

Foundations data is used to determine the cost of earthworks and may include, for example, soil tests and contour surveys.

As a licensed contractor, you must obtain the foundations data and incorporate any costs into the contract before it is signed by the property owner.

An exemption is granted if you, as the contractor, are not legally entitled to enter the building site to obtain the data before the contract is signed and the contract guarantees there will be no price increase when the data is obtained at a later date.  

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Deadline delivers questions for PSIs on forms 26 and 36

Deadline delivers questions for PSIs

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.

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PSIs play a role when owners work on their own fences

Pool fencing

With the pool safety compliance deadline just around the corner, some pool owners will want to do significant work to their pool fence.

Pool owners can already do some repairs and maintenance on a pool fence without building approval. Some owners can do further works without building approval provided they have the work inspected by a pool safety inspector (PSI).

This applies to work on a barrier for an existing non-shared pool for a class 1a building (house or townhouse), and there are limits for fences over two metres in height.

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Demand for building pool fences set to increase

Pool fence installation and repair work could soon be on the increase with the deadline for compliance with pool safety laws looming on 30 November, 2015.

If you are a QBCC licensee and are wondering who can do what, the same rules apply to pool fences as with other building work.

Whilst anyone can legally build or repair pool fences up to the value of $3,300 (including GST, labour and materials), we always recommend home owners engage a QBCC licensee.

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