If a swimming pool barrier fails inspection, the certifier must issue both:
- a certificate of non-compliance, generated using the second 'non-compliance' option in the Swimming Pool Register
- a written notice of non-compliance, issued 'by hand' (i.e. you can't create the notice on the Register).
You must issue both documents (not just one), even if the owner has no intention to sell or lease the property.
A notice of non-compliance must include all the details required under section 22E(3) of the Swimming Pools Act 1992.
When to issue and forward documents
- Certificate of non-compliance: issue to the owner within 7 days of the inspection. You don't have to forward this certificate to the council.
- Notice of non-compliance: issue to the owner as soon as possibleafter the inspection. If, 6 weeks from the inspection date, the pool barrier is still not certified as compliant, you must forward the notice to the council (within 5 days of the end of the 6-week period).
If the pool is a significant risk to the public, you must forward the notice of non-compliance to the council immediately - don't wait 6 weeks.