Terms and Conditions

Information Regarding the Scope & Limitations of our Inspection and Report

  1. THIS IS A VISUAL INSPECTION ONLY: Limited to those areas and sections of the properties pool

areas that is fully accessible and visual on the date of this Inspection. (“At the time of the inspection”)

  1. LEGISLATION: The Swimming Pools (Amendment) Act 2012:

NSW Swimming Pools Register available for use by 29 April 2013 and NSW Swimming pools to be registered by owners by 29 October 2013

Pool owners require a compliance certificate before sale or lease of their property from 29

April 2016

The Swimming Pools Amendment Act 2012 commenced on 29 October 2012 and makes a number

of amendments to the Swimming Pools Act 1992: Information is provided below regarding the impact of these legislative amendments for pool owners and councils. Additional information about the staged implementation provisions is also provided below.

Pool Owners:

Swimming pool owners are required to register their swimming pools on an online register to be provided by the NSW State Government.

  • Swimming Pool owners will be required to self-assess, and state in the register that, to the best of their knowledge, their swimming pool complies with the applicable standard when registering their pool.
  • Hills Pool Inspections  Inspectors can provide a ‘Certificate of Compliance’ for the self-assessment process IF APPLICABLE to state the Pool Barrier complies with the relevant Australian Standards.

There is a penalty for owners who fail to register a swimming pool (penalty notice amount of $220). Swimming pool owners will be required to provide a valid swimming pool compliance certificate before being able to sell or lease a property with a pool.

Accredited certifiers under the Building Professional Act 2005 may conduct swimming pool inspections initiated by the pool owner. ‘Hills Pool Inspections’ are Accredited Certifiers

 

Councils:

Councils are required to:

A/ develop and implement a swimming pool barrier inspection program in consultation with their communities

B/ report annually on the number of pool inspections undertaken and the level of compliance with the requirements

C/ inspect pools associated with tourist and visitor accommodation and multi-occupancy developments at three year intervals

D/ at the request of a pool owner, inspect pools prior to sale or lease

E/ issue compliance certificates after an inspection which finds a pool barrier compliant with the requirements of the legislation. Compliance certificates are valid for three years.

F/ a swimming pool subject to an occupation certificate is exempt from an inspection program for three years from the date of issue of the occupation certificate.

G/ Councils may inspect any swimming pool that is the subject of a complaint to the council. H/ Council powers of entry will be consistent with the Local Government Act 1993.

I/ Councils may charge a fee for each inspection undertaken.

 

 J/ Councils may issue ‘Penalty Infringement Notices’ for any and all areas of Non Compliance

  1. This Report does not make comment on area that may be or are concealed. This report is an assessment or detection of any defects. We do not comment on issues as they are out of our area of expertise.
  1. If an Issue or pending dispute or a claim arises out of this inspection and report then each party must give written notice to each of the parties within 28 days. Disputes will then be handled by an independent nominated mediator or arbitrator. Each party will pay their own costs. Hills Pool Inspections are available for such Mediation and Arbitration if and when required, for an agreed fee.
  1. Verbal estimates if given are only opinions of costs of rectification if applicable . The knowledge, calculations and experience of the inspector are calculation only of possible costs that may be required. We accept no liability for any estimates provided throughout our inspection and report. It is essential you obtain independent prices from other qualified trades people for the works, if and when required.
  1. If required This inspected properties site classification can be confirmed with your local Council or by obtaining a Geotechnical Engineers Inspection and Report. In addition the C.S.I.R.O has a brochure available from your local Council in reference to foundation maintenance.
  1. We are in no way connected or associated with any of the intended negotiations between the Purchaser, the Real Estate Agent, the Bank, the Lender or the Vendor. The sale of this inspected property is the sole responsibility of  the selling Agent or  the  Vendor and  we do not  become entangled in such negotiations, under any circumstances.
  1. Trees: Where trees are too close to the dwelling house, then this could affect the performance of the dwellings footings as the moisture levels change within the ground. A Geotechnical Engineer’s Inspection can determine the foundation material and advice on the best course of action with regards to the trees. Council approval is required for the removal of trees.
  1. DISCLAIMER 1: No Liability shall be accepted on an account of failure within the Report to notify any problems in the areas of the subject properties pool areas physically inaccessible for inspection or if access for Inspection is denied by or to the Inspec Swimming Pool Legislation can differ from State to State.
  1. DISCLAIMER 2: DISCLAIMER OF LIABILITY TO ANY THIRD PARTIES: We will not be liable for any loss, damage, cost or expense, whatsoever, suffered or incurred by any person other than you in connection with the use of this Swimming Pool Inspection Report. The only Person to whom we may be liable and to whom losses arising in contract or tort sustained may be payable by us, is the Client named on the face page of this report.

8.0 REFERENCE TO “CONTACTING THE INSPECTOR”

Please contact the Inspector below who carried out this swimming pool and pool safety inspection. At times it is difficult to explain situations and access difficulties to what is and isn’t inspected.

Any matters of importance that need a further understanding by the client you should contact the inspector and have any misunderstood or other matters explained to you for a complete clarification then contact the inspector prior to any property purchase.

Additional fees will apply if required to provide further written information from the     inspector.

The Inspector will only answer questions relating to this inspected property areas and no other questions will be entered into in relation to the properties or the pools future structural ability or purchase will be entered into.

This inspection and report is based on the expertise, accreditation and qualification of the Inspector written below.