New South Wales Consolidated Acts

SWIMMING POOLS ACT 1992 - SECT 22E

22E Notices by registered certifier if pool does not comply

(1) This section applies to an inspection carried out by a registered certifier under section 22C.

(2) A registered certifier must provide a written notice to the owner of a swimming pool if the registered certifier has inspected the swimming pool and is not satisfied that the requirements for the issue of a certificate of compliance have been met.

(3) A notice under this section is to set out the following--

(a) the date of the notice,

(b) the address of the swimming pool to which the notice relates,

(c) the date on which the inspection took place,

(d) the reasons why the registered certifier is not satisfied that the requirements for the issue of a certificate of compliance have been met and the steps that need to be taken in order to meet those requirements,

(e) whether the registered certifier is of the opinion that the swimming pool poses a significant risk to public safety,

(f) a warning that a copy of the notice will be forwarded to the local authority for the area in which the swimming pool is situated--

(i) immediately, if the registered certifier is of the opinion that the swimming pool poses a significant risk to public safety, or

(ii) 6 weeks after the date of inspection (or such other time as may be prescribed by the regulations) if a certificate of compliance is not issued for the swimming pool before that time,

(g) such other matters as may be prescribed by the regulations.

(4) A registered certifier who issues a notice under this section in respect of a swimming pool must forward a copy of the notice to the local authority for the area in which the swimming pool is situated--

(a) immediately, if the registered certifier is of the opinion that the swimming pool poses a significant risk to public safety, or

(b) within 5 days after the end of the period specified in subsection (3) (f) (ii) in any other case.

(5) A registered certifier is not required to forward a copy of any notice to a local authority in respect of a swimming pool if, at the time at which the notice is due to be sent, the swimming pool has a valid certificate of compliance.