Pool fences and safety laws
Pool owners must have a pool safety certificate issued by a licensed pool safety inspector. A copy of the certificate should be included with the tenancy agreement.
If a certificate has not been obtained the tenant may consider it a breach of the property owner’s duty to comply with all health and safety laws.
The condition of the pool should be noted in the Entry condition report (Form 1a).
All temporary pools and spas (which can be filled with water to a depth of 300mm) must also comply with the pool safety laws and may require fencing requirements. Tenants should obtain permission from the property owner before installing a temporary pool.
Pool safety laws apply to the property owner and tenant. Contact the Department of Communities, Housing and Digital Economy for more information.
The maintenance of a pool should be covered in the special terms of the tenancy agreement. The property manager/owner cannot enforce a specific business for cleaning the pool.
Generally, the tenant is responsible for everyday maintenance such as clearing leaves from the pool and may be responsible for regular maintenance. This should be discussed before signing a tenancy agreement.
Ideally, the property manager/owner should provide instructions for any maintenance the tenant must carry out.
Pool maintenance covered by a contract between the property manager/owner and an external company should be included in the tenancy agreement.
A property manager/owner cannot require the tenant to enter into a maintenance contract or require the tenant to use a particular company to provide maintenance services.
In a caravan park, rooming accommodation or unit complexes, tenants are not generally responsible for pool maintenance but may have to follow rules about how, and when, the pool can be used.
The safety certificate for shared pools (where residents from 2 or more dwellings use the pool) should be provided with the lease or may be included in the copy of the body corporate by laws.
The safety certificate must be conspicuously displayed near the main entrance to the property or at a gate accessing the pool.