BUILDING ACT 1975 - SECT 246AB Nonconformity notice

BUILDING ACT 1975 - SECT 246AB

246AB Nonconformity notice

(1) This section applies if a pool safety inspector inspects a regulated pool (an
"initial inspection" ) and the inspector is not satisfied the pool is a complying pool.

Note—

Under section 246BE , if a pool safety inspector inspects a regulated pool that is not a complying pool, the inspector may, in particular circumstances, carry out minor repairs relating to the pool before giving a pool safety certificate for the pool.

(2) Subject to subsections (3) and (4) , the pool safety inspector must, within 2 business days after the inspection, give the owner of the pool a notice (a
"nonconformity notice" ) stating—

(a) the pool is not a complying pool; and

(b) how the pool is not a complying pool; and

(c) what must be done to make the pool a complying pool; and

(d) that the owner may ask the pool safety inspector to reinspect the pool within 3 months after the giving of the nonconformity notice (the
"reinspection period" ); and

(e) that it is an offence for the owner to ask, in the reinspection period, a person other than the following to inspect the pool for the giving of a pool safety certificate for the pool—

(i) if the owner initially asked the local government to inspect the pool—the local government;

(ii) if the owner initially asked the pool safety inspector to inspect the pool—the pool safety inspector; and

(f) that the pool safety inspector must notify the local government if the owner does not ask the pool safety inspector to reinspect the pool within the reinspection period.

(3) The pool safety inspector is not required to give the owner of the pool a nonconformity notice if, within 2 business days after the initial inspection—

(a) the pool safety inspector reinspects the pool and is reasonably satisfied the pool is a complying pool; or

(b) the owner and the pool safety inspector agree that the inspector will carry out particular minor repairs to make the pool a complying pool and, within 20 business days after the making of the agreement—

(i) the inspector carries out the minor repairs; and

(ii) on reinspection of the pool, the inspector is reasonably satisfied the pool is a complying pool.

(4) If, within 2 business days after the initial inspection—

(a) the owner of the pool and the pool safety inspector agree that the inspector will carry out particular minor repairs to make the pool a complying pool; and

(b) within 20 business days after the making of the agreement—

(i) the pool safety inspector has not carried out the repairs; or

(ii) on reinspection of the pool, the inspector is not reasonably satisfied the pool is a complying pool;

the pool safety inspector must, within a further 2 business days, give the owner a nonconformity notice for the pool.

(5) A nonconformity notice must include an information notice about the decision.