SPASA Legislation, Regulation and Contracts Fact ... - Albatross Pools

FACT SHEET 3 • LEGISLATION, REGULATION & CONTRACTSUse the right people and askthe right questions.If there is one thing SPASA Members knowa lot about it’s building pools and spas. It’sa complex process with a number of stepsto move through. There are also certainlegal requirements that must be met and itis critical that your intended builder meetsthem all. SPASA members stand ready tohelp at every step, but it’s a good idea tofamiliarise yourself with each one beforeyou start.STEP 1: LOOK FOR THE SPASAPOOL BUILDER MEMBER LOGOThe SPASA Pool Builder Member logosignifies you are dealing with a companywho is obliged to be registered, is suitablyexperienced and insured, and who is acurrent financial member of the industrypeak body.POOL BUILDERSPASA Pool Builder members are theonly builders who can issue a SPASAPool & Spa ConstructionContract. Based on yearsof experience across themembership, the SPASAcontract is detailed buteasily understood by thelay person, and it clearlyexplains any exclusions.STEP 2: MAKE SURE YOU AREFULLY INSUREDState law requires that domestic BuildingInsurance must be issued for all domesticbuilding work over $12,000 in total value.SPASA recommends that you DO NOTcommence any work until your builder hasprovided this insurance and you have thecertificate in your possession, or ask tosee the building permit and the Buildersregistration card. The purpose of thisinsurance is to ensure that you end up witha completed pool and / or spa, holding a 6year structural warranty. Without it, you aretotally unprotected and exposed. And if yousell your home you will be required by lawto provide this transferable insurance to thepurchaser.STEP 3: ENSURE YOUR BUILDERIS REGISTERED AND LICENSEDTo provide protection for every personhaving building works done, the Victoriangovernment has legislated that buildersundertaking work with a value over $5,000must be registered with the BuildingPractitioners Board. So, before signing acontract please check if your builder is aRegistered Building Practitioner, by askingto see their registration card, calling theBuilding Commission on 1300 815 127or using the ‘for consumers’ menu of theeToolbox at www.buildingcommission.com.auSTEP 4: ASK IF A TOWNPLANNING PERMIT IS REQUIREDIt is possible that town-planning overlaysmay apply to the location of your proposedpool or spa. If so, a town-planning permitfor a swimming pool / spa at that addressmay be required before a building permitcan be issued. Check with your localcouncil before commencing any work.SPASA has successfully negotiated ageneral exemption for pools and spaswhere the following overlays apply: DesignDevelopment Overlays and NeighbourhoodCharacter Overlays.STEP 5: ASK IF A BUILDINGPERMIT HAS BEEN ISSUEDPrior to the commencement of work, abuilding permit from a registered buildingsurveyor must be issued to the ownerwith the registered builder’s details. Thepurpose of this building permit is to ensurethat your pool meets all the applicablerequirements of your municipality, as wellas structural and safety requirements.In order to obtain this building permit yourbuilder will need:• Copy of the Certificate of Title.• Copy of the block plan showing allexisting buildings.• A letter of authority for the builder toapply for a building permit on your behalf.• A signed agreement to comply with therequirements to provide a safety barrier /pool fence.10 • SPASA POOL & SPA BOOK 2012

In addition to this, the building surveyor willrequire:• A copy of town planning permit (ifapplicable)• A copy of the insurance certificate (fromyour pool builder)Important Note: A certificate of finalinspection will be issued to the ownerwith a copy to the builder when the finalpool inspection has been carried out andapproved.STEP 6: SAFETY BARRIERSPool fencing / safety barriers are requiredby legislation for any pool or spa with waterin excess of 300mm in depth and must bein place prior to filling the pool or spa withwater. The key elements of the relevantAustralian Standard, A.S. 1926-2007 aredesigned to deny access by unsupervisedyoung children, especially those under 5years of age, to the swimming pool area.There is an expanded discussion of thefencing regulations on Fact Sheet 4(page12) “Safety Barriers”, but it is worthnoting here that fences and gates musthave an effective minimum perpendicularheight of 1.2 metres. Existing standardpaling fences can be used provided theymeet certain conditions.Gates must open outward only and returnto the closed position, engaging the latchautomatically.Although walls of buildings can be usedas swimming pool safety barriers, childresistant doors from the building are nolonger permitted for new pools. Windowswithin external walls of dwellings arepermitted to open to the pool enclosure butmust be constructed in accordance withthe standard. Please refer to A.S 1926.1for the specific requirements of the safetybarrier and window requirements.STEP 7: WATERThe first thing to do when thinking ofinvesting in a pool or spa is to read up onour Water Neutral Pool program (see page30). The pleasure derived from your poolneed not impinge on water catchments. Infact, a Water Neutral Pool can provide youwith a means of producing thousands oflitres of surplus water for use around thehome.Pool and spa owners must consult withtheir local water authority to establish ifprevailing water restrictions apply to theirpool or spa. You may need approval to fillthe pool or spa from the tap.STEP 8: COMPLETIONOnce the pool construction is completeaccording to the terms of your contract,your warranty period begins. At thatpoint, your builder must issue you with acompletion certificate. However that is notnecessarily the end of the relationship. Thepool is under domestic builder’s insurancefor 6 years during which time you are ableto check with your builder if you have anymajor concerns.SPASA POOL & SPA BOOK 2012 • 11