21Certificates of non-compliance if pool does not comply

#### 21 Certificates of non-compliance if pool does not comply 21 Certificates of non-compliance if pool does not comply > Note. > > A local authority may, under section 23 of the Act, order compliance with Part 2 of the Act. > > > (1) This clause applies to an inspection carried out by the local authority, or a registered certifier, under section 22C of the Act. > > > (2) The local authority or registered certifier must issue a certificate of non-compliance to the owner in respect of a swimming pool if the local authority or registered certifier (as the case requires)— > > > > > (a) has inspected the pool under section 22C of the Act, and > > > > > (b) is satisfied that the requirements for the issue of a certificate of compliance have not been met. > > > (3) A certificate of non-compliance must be in the form approved by the Secretary and must include the following— > > > > > (a) the address of the swimming pool to which the certificate relates, > > > > > (b) the date of the inspection, > > > > > (c) whether the local authority or registered certifier is of the opinion that the swimming pool poses a significant risk to public safety, > > > > > (d) if the certificate of non-compliance is issued by a local authority—a statement that the owner of the premises on which the swimming pool is situated is entitled, under section 26 of the Act, to appeal the decision of the local authority to refuse to issue a certificate of compliance under section 22D of the Act. > > > (4) A certificate of non-compliance must be issued within 7 days from the date of the inspection of the pool. However, failure to issue a certificate of non-compliance within that period does not affect the validity of the certificate. > > > (5) The requirement under subclause (4) to issue a certificate of non-compliance within the 7-day period applies whether or not a notice under clause 20 has been provided. > > > (6) A certificate of non-compliance must not be issued in respect of a swimming pool on common property in a strata scheme (within the meaning of the [Strata Schemes Management Act 2015](/view/html/inforce/current/act-2015-050)) or association property in a community scheme (within the meaning of the [Community Land Development Act 2021](/view/html/inforce/current/act-2021-006)) if that strata or community scheme comprises more than 2 lots. > > > (7) A certificate of non-compliance in respect of a swimming pool remains valid for a period of 1 year from the date on which it is issued but ceases to be valid if a certificate of compliance is subsequently issued under section 22D of the Act for that swimming pool. > > > (8) A certificate of non-compliance is not valid at any time during which the premises on which the swimming pool is located are subject to a residential tenancy agreement under the [Residential Tenancies Act 2010](/view/html/inforce/current/act-2010-042). > > Note. > > A non-compliance certificate must be entered on the Register. See clause 18 (2). > > **cl 21:** Am 2018 No 63, Sch 3.16\[1\] \[2\]; 2021 No 6, Sch 5.20.