Home' Splash Magazine : SPLASH Dec-Jan 2016 Contents A NSW discount retailer
has been prosecuted
for selling inflatable
swimming pools that fail
to meet mandatory safety
standards. Calmex Pty
Limited t/as KM Best Bar-
gain, operating in Toong-
abbie and Wentworthville,
has been ordered to pay
$2474 fines and costs in
Parramatta Local Court for
supplying inflatable swim-
ming pools without the
specified safety warning
labels permanently printed
or embossed on both the
pools and their packaging.
The Queensland Building
and Construction Com-
mission (QBCC) used new
powers aimed at stopping
repeat offenders from
working in the building
industry by seeking an in-
junction preventing Ricky
Allan Heath from carrying
out, or undertaking to
carry out, building work
without the appropriate
licence. Heath already
owes more than $11,000
in outstanding fines for
previous offences and is
again under investigation
by the QBCC in relation
to building work. If he
breaks the injunction,
Heath faces the possibility
A South Australian home-
owner, Leonidis George
Flourentzou, had to pay
$55,000 in fines and legal
bills after failing to seek
approval before building a
backyard swimming pool.
A Victorian landscaper
has been fined $10,000
and had his registration
cancelled by the VBA after
he carried out non-com-
pliant building work.
A controversial measure adopted by some NSW
councils is the refusal to approve shade structures
inside the pool area - despite this restriction being
counterproductive to encouraging parents and
carers to provide full and proper super vision.
SPASA NSW & ACT raises this point in its
submission to the Independent Review of the
Swimming Pool Barrier Requirements for Back-
yard Swimming Pools in NSW, saying that based
on the Pearson v Thuringowa City Council and
Medway v Pittwater Council interpretations, shade
structures are clearly permitted.
The restriction encourages adult supervision
from outside the direct pool environment and
preventing a structure within the pool area has
no bearing on whether or not a young child gains
access to the pool area.
Moreover, the government ’s own findings and
recommendation within the 2008 Review of the
Swimming Pools Act 1992 stated that given the
absence of evidence linking drownings to struc-
tures within swimming pool fences on residential
properties, it is recommended that no change be
made in regard to structures within the bounds
of barriers around non-exempt private swimming
pools (ie. that structures continue to be permitted
within barriers surrounding such pools).
The shade structure restriction is not consistent
with the “arms-reach” supervision message.
Go to the QuickLink tab at splashmagazine.
com.au to see SPASA’s full submission.
The New Zealand Parliament has had the first
reading of the Building (Pools) Amendment Bill
which will, amongst other things, usher in man-
datory five-yearly pool inspections.
However, the government has backed away
from lowering the depth at which pools need to
be fenced after the public expressed reservations
about the effect on paddling pools and councils
became concerned about compliance costs.
Another change in the proposed legislation is
that spa owners will no longer need to worry about
fencing if they have a lockable cover. Previously, if
they had a lockable cover they had to apply for a
fencing exemption at a cost of $455.
Building and Housing Minister Dr Nick
Smith says the existing regime is cumbersome
and frustrating and the new bill will be perfor-
mance-based, providing greater flexibility and he
is confident the bill will result in fewer drownings
because he says the principle problem with the
current regime is the lack of compliance.
Changes to existing legislation include:
• No longer requiring spas and hot tubs to be
fenced off if they have a lockable cover and meet
• Require councils across the country to carry out
five-yearly inspections of swimming pools.
• Make infringement notices the preferred way to
deal with pool owners who fail to comply, with
court prosecutions only in serious breaches.
The first reading passed parliament with cross-par-
ty support and the Building (Pools) Amendment
Bill will now be heard by a select committee.
Shade makes for safer pool area
NZ moves towards inspections
From December 1, 2015, all Queensland pools
must meet the state’s new safety standard.
The key changes are:
• Replacing 11 different pool safety standards
with one pool safety standard for all pools
(Queensland Development Code, MP 3.4);
• Wider application of pool safety laws to in-
clude indoor pools and pools associated with
hotels, motels, caretaker residences, caravan
parks, backpackers, hostels, mobile home
parks and home stays;
• A phase out of child-resistant doors used as
pool barriers for existing pools (self-closing
and self-latching doors);
• A requirement for the prescribed CPR sign
(Guideline 7 -Cardiopulmonary Resuscitation)
published by the Australian Resuscitation
Council to be displayed near each pool;
• Fencing of all portable pools and spas ca-
pable of being filled with 300 millimetres or
more of water;
• Mandatory inspections by local governments
for immersion incidents of children under five
in swimming pools;
• A pool safety certificate, issued by a licensed pool
safety inspector, is required when selling, buying
or leasing a property with a pool. Pool safety cer-
tificates are valid for one year for a shared pool
and two years for a non-shared pool.
Queensland safety standards comes into effect
December 2015/January 2016 SPLASH! 25
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