If a pool is only accessible to residents of one dwelling such as a private house or private spa on a unit balcony, it is a non-shared pool. Before entering into a new or renewed lease for a property with a non-shared pool, the owner must ensure a Pool Safety Certificate is in effect for the pool.
If residents of two or more dwellings can use a pool, such as a body corporate pool, it is a shared pool. For shared pools, the owner must give the person who will be the Tenant a copy of a Pool Safety Certificate if one is in effect.
If there is no Certificate in effect, the owner must give the Notice of No Pool Safety Certificate—Form 36 to the person who will be the Tenant, to the body corporate and to the Department of Infrastructure and Planning before entering into the lease. A Form 36 advises that the pool may not comply and the steps that must be taken to comply. The Body Corporate has 90 days to obtain a Pool Safety Certificate for the pool.
However, for leases entered into on or before 1 September 2012, a phase in period applies—the body corporate has until 30 November 2012 to obtain a pool safety certificate for the pool.