Terms and conditions
My Pool Inspector (Inspections Victoria Pty Ltd ATF Bamped Family Trust trading as My Pool Inspector. ABN: 11 813 811 832), it’s directors, employees, agents, and representatives are hereafter referred to as My Pool Inspector/we/our/us.
Pool registrations
It is the responsibility of a pool owner to register the pool or spa with their relevant local council and pay any prescribed fees. This is not a service that is provided by us and must be undertaken directly with your council.
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Any fees, fines or other charges levied by council or other authority in respect to a pool or spa barrier remain the responsibility of the pool owner.
Details of pool and owner
Prior to any Inspection, you must provide us with a copy of the council registration letter relating to the pool or spa. This must show the deemed construction date/s of your pool or spa, the applicable standard/s for your pool or spa barrier, the property owner’s name and address, the pool/spa address, and the due date for your Certificate of Pool and Spa Barrier Compliance. A Pool Inspector will not be able to perform any Inspection without first receiving a copy of this document in full. You must also provide us with a valid phone number, and a valid email address where we can serve relevant reports/certificates. For glass barriers, you must also show evidence that any glass used complies with the relevant standard.
Booking, rescheduling and cancellations
We understand that plans may change and unforeseeable events can happen. We will happily reschedule any Inspection with a minimum 24 hours notice by you without charge. Changes to any Inspection time by you within 24 hours are not possible and will incur a 100% cancellation fee. A Pool Inspector may wait a maximum of 15 minutes at the property after the scheduled inspection start time for access to the property/pool area, after which the Inspection may be cancelled without refund. In the case a Pool Inspector at their discretion may wait longer than 15 minutes, a further charge may be applied.
All fees paid for any Inspection are non-refundable. Fees for any Inspections may be subject to change at any time without notice.
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Inspection fees quoted are for 'standard' inspections of regular domestic swimming pools. Such inspections would normally take approx. 45 mins to 75 mins. In rare circumstances,
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Whilst we will make our best endeavours to arrive on time, sometimes delays may occur. In the case that a Pool Inspector is unable to carry out an Inspection due to a delay, we will try our best to arrange a suitable alternative time to carry out the Inspection. We cannot be held liable for any loss suffered due to a Pool Inspector being delayed or being forced to cancel.
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Unless notified to us in writing prior to booking, you agree you have not had a formal Inspection by any other inspector in the last 67 days.
Payment terms
All payments must be received by the earlier of either: a) 7 days from the date of invoice; or b) prior to the commencement of any Inspection. No Inspection can be performed, or report/certificate of compliance issued, prior to full payment being received. Payments can be made via direct transfer or credit card (a surcharge applies to all credit card payments)
Inspections
A Pool Inspector will inspect and interpret the pool or spa barrier against the standard provided in your council registration letter. Any dispute/disagreement between you and the council regarding the standard applied to your pool must be resolved between you and council before any Inspection. A Pool Inspector is obligated to apply the standard provided in writing by council.
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Pool Inspectors must have complete access to the pool area and its surrounds for the entirety of any Inspection. A Pool Inspector may require access into or around any dwelling/structure in or adjoining a pool/spa area to perform our Inspection. The pool owner must ensure any Pool Inspector has safe and unhindered access to carry out their Inspection. All pets must be secured and separated from the Pool Inspector for the entirety of the Inspection. If a boundary fence or boundary structure forms part of the pool barrier, the Pool Inspector may require access to the relevant neighbouring property – in such circumstances, you must obtain consent in advance from any neighbouring property owner to ensure the Pool Inspector has timely access to perform the Inspection. If the Pool Inspector is unable to inspect any part of the pool barrier during an Inspection, or is not provided a copy of the pool registration letter from council, or finds your pool is not registered, the Inspection must be cancelled without refund, and a further Inspection would be required with any further relevant Inspection fee charged.
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During any Inspection, a Pool Inspector is required to test the strength, stability, and suitability of any pool/spa barrier to ensure it is fit for purpose. You agree to indemnify us for any claims in respect to a Pool Inspector performing any aspect of an Inspection, including for any damaged caused during the testing of the pool fence or barrier.
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We reserve the right to cancel an Inspection at any time if we or the Pool Inspector is threatened or harassed in any way, or if there is a risk to a Pool Inspector’s safety. No refund will be provided for any such cancellation.
Photos/Videos
By booking an Inspection, you consent to the Pool Inspector taking photos and/or videos on your property and confirm you have received the same consent from relevant neighbours for the purposes of performing and documenting our Inspection. Any such photos or videos may be passed on to council or other relevant body as required by law.
Result of Inspections
In most circumstances, the Pool Inspector will issue your Inspection report and any related certificate on the same day as the Inspection. In rare circumstances, the Pool Inspector may seek clarification or make enquiries with your council or a building authority on your behalf as to the suitability of your barrier against the standard, in which case there may be a delay before the report and/or certificate are issued.
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Upon Inspection, if your pool is deemed compliant, the Pool Inspector will issue you with a Certificate of Pool and Spa Barrier Compliance (Form 23). This certificate must be filed by you with your local council within 30 days of the certificate issue date. It is the pool owner’s responsibility to file this certificate with council. Filing instructions should be either on your original registration letter or on your council’s website. Please remember, this certificate only remains valid for 30 days after the date on the certificate. If this period lapses before it is lodged with council, you will need to start the Inspection process (and incur the associated costs) again to obtain a new certificate.
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On Inspection, if your pool is deemed non-compliant yet poses no immediate risk to life or safety, the Building Regulations 2018 allows the Pool Inspector to provide you 60 days to bring your barrier into compliance (or 7 days before a 3rd Inspection). The Pool Inspector will provide you with a report outlining the areas of non-compliance, some suggested remedies, and provide a proposed reinspection time. If the proposed date/time for reinspection is not appropriate, you must contact us at your earliest convenience to arrange a suitable alternative. It is your responsibility to ensure a reinspection is arranged in a timely manner, and we are not responsible for any time-limit lapsing prior to a suitable inspection time being available. We recommend any reinspection time is booked to occur at least 7 days prior to the expiration of a 60-day reinspection window, or at least 2 days prior to the expiration of a 7-day 3rd inspection window.
In the rare circumstance that your pool is deemed to be in serious non-compliance, the Building Regulations 2018 obligate the Pool Inspector to issue a ‘Certificate of Barrier Non-Compliance’ (CBNC), which the Pool Inspector would file with your local council. This may also involve additional expense to you in the form of a council fee, plus the costs of any rectification works. Examples of serious non-compliance include but are not limited to: a barrier being under 1m in height at any point along the fence/barrier; a pool fence/barrier not present; a door or gate that is unable to be closed; a door or gate that can be opened by someone unable to reach the opening mechanism; a barrier that is unable to be made compliant within 60 days; a pool owner that we deem unwilling to bring the barrier into compliance within 60 days; any other non-compliance that poses an immediate threat to life or safety.
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At times, the Pool Inspector may secure elements of the pool or spa barrier with temporary measures (such as zip-ties) to ensure short-term safety and/or security of the barrier. Any temporary security measure must not be removed/replaced unless done so immediately prior to or as part of the repair/installation process to remedy any non-compliance.
Further inspections
The Pool Inspector will always try to assist in achieving compliance on the first inspection. In the case this is not possible, a further Inspection will be required. Any reinspection will be charged at the applicable fee listed on our website. Whilst not always possible, we will try to provide the same Pool Inspector on any subsequent pool Inspection.
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After any Certificate of Pool and Spa Barrier Compliance is submitted to council, a new certificate will be due in 4 years time. We may remind you in advance of any upcoming Inspection that may fall due via email and/or post approx. 6 months prior to its due date, and then provide additional reminders.
Contents of reports and/or recommendations
Our Inspection reports provide recommendations and/or suggested solutions for any non-compliant aspects of a pool or spa barrier. Any recommendation or suggestion is not a complete list of possible remedies available to bring a pool/spa barrier into compliance. We and any Pool Inspector do not endorse any product that may be listed. Any referral to third party trades is not an endorsement, and they are not affiliated in any way with My Pool Inspector, and we do not take any responsibility for their workmanship, work, or warranty, etc.
Delivery of reports and certificates
Reports and certificates are sent via email. Reports and certificates are deemed to be delivered and received when they are sent to the email address you have provided us. We will not accept any responsibility for delays or costs incurred due to misplaced or deleted emails, emails filtered by your IT provider, or for emails sent to incorrect email addresses.
Ongoing maintenance of pool/spa barriers
Any Inspection provided is a ‘point in time’ Inspection only, and any certificate or report issued is provided based on the condition of the pool/spa barrier at the time of Inspection. The ongoing maintenance and upkeep of any pool or spa barrier to ensure continued compliance is the responsibility of the pool owner and occupier. Details of your obligations in this regard can be found in Building Regulations 2018, Part 9a, Division 3. A copy of this will be sent to you with any Certificate of Pool and Spa Barrier Compliance.
Severability
The foregoing waivers, releases and agreements are intended to be as broad and inclusive as is permitted by the laws of the State of Victoria and the Commonwealth of Australia, and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding, continue in full effect.
Acknowledgement
By booking any Inspection, you acknowledge to receipt of and agree to these terms and conditions. These terms and conditions supersede and other previous verbal or written agreements between you and us. Any changes or alterations to these terms must be confirmed in writing between both you and us.
Definitions
Pool Inspector means any qualified, insured, and registered Building Inspector or Surveyor contracting to My Pool Inspector.
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Inspection means any pool or spa barrier inspection, reinspection, or pre-inspection consultation performed by a Pool Inspector.