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Building Act 2004
83KCompliance status certificates
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83K Compliance status certificates
(1) An authorised person must inspect a regulated swimming pool before
giving the owner of the premises on which the pool is located (the
pool owner) a written certificate (a compliance status certificate) that
states the following:
(a) whether or not the pool complies with the safety standards, to
the extent it is not subject to a partial Ministerial exemption;
(b) if the pool is subject to a partial Ministerial exemption—details
of the exemption including any conditions on the exemption;
(c) the date of issue of the certificate;
(d) anything else prescribed by regulation.
(2) If an authorised person is satisfied that the regulated swimming pool
complies with the safety standards, the authorised person must as
soon as practicable after the inspection give the pool owner a
compliance status certificate for the pool.
(3) If an authorised person is satisfied that the regulated swimming pool
does not comply with the safety standards but the non-compliance
does not create a serious and immediate safety risk, the authorised
person must, as soon as practicable but not later than 7 days after the
day of inspection, give the pool owner written notice (a pool
rectification notice) that states the following:
(a) the pool fails to comply with the safety standards and the reasons
why it fails to comply;
(b) the steps needed to rectify the failure to comply;
(c) the day (the rectification day), within 6 months of giving the
notice, by which the pool must be rectified to comply;
(d) anything else prescribed by regulation.
(4) If an authorised person is satisfied that the regulated swimming pool
does not comply with the safety standards and the non-compliance
creates a serious and immediate safety risk, the authorised person
must immediately after the inspection give the pool owner a
compliance status certificate for the pool.
(5) If an authorised person has given the pool owner a rectification notice
for the pool, the authorised person—
(a) may give the pool owner a compliance status certificate for the
pool only after further inspection of the pool; and
(b) if giving a compliance status certificate to the pool owner—must
give the certificate as soon as practicable, but not later than 14
days, after the day on which the further inspection happens.
(6) An authorised person must give the construction occupations
registrar—
(a) a copy of a pool rectification notice given under subsection (3)
within 14 days after the day the notice is given; and
(b) a copy of a compliance status certificate given under
section (5) (b), but only if the compliance status certificate states
that the pool does not comply with the safety standards to the
extent that the pool is not subject to a partial Ministerial
exemption, within 14 days after the day the certificate is given;
and
(c) a copy of a compliance status certificate given under
subsection (4) within 7 days after the day the certificate is given.