Chances are if you are reading this you know you need a Certificate of Barrier Compliance, also known as a Form 23.  But you may have heard about another type of certificate, a Certificate of Barrier Non Compliance (CBNC).  It does sound like what you would expect to get if your pool or spas barrier is non compliant, however is a little more to understand about this little form that can cost you some serious $$$$$$$.

To explain this we need to examine 1 particular building regulation, that is regulation 147ZF | ‘Circumstances in which a certificate of pool and spa barrier non-compliance must be immediately issued’

It is this regulation that governs when a CBNC ‘Form 24’ must be issued. Issuing this form just because a tree has grown near the fence or the gate needs adjusting would not be appropriate and create additional cost to the client as well and workload for the Council.  It is only issued under a certain set of circumstances, some of which are prescriptive (clearly measurable) and others that are subjective (In the opinion of).

In brief here are the triggers for what could force the issue of a CBNC:

Subjective

• If, in the opinion of the inspector, the barrier is not capable or will unlikely be able to be brought into compliance with the 60-day rectification period.
• If in the opinion of the inspector, that barrier poses a significant and immediate risk to life of safety.

Prescriptive

• The barrier does not comply in the following ways:
  1. The gate is able to be opened without using the latch
  2. The door or gate cannot be closed
  3. Any part of the barrier is less than 1 metre

The registered building inspector is bound by the professional code of conduct and is required to follow the regulations as part of his or her professional duty so once these criteria are met he or she has no other option but to issue a CBNC.

When a CBNC is issued, both the council and the owner get a copy. The owner needs to pay a lodging fee of around $385.  At this point the engaged building inspector now hands the compliance process over to the Municipal Building Surveyor.

The non compliance is assessed and an appropriate action is taken by the MBS.  Depending on the risk to safety MBS will likley issue a Barrier Improvement Notice.  This is effectively a mandatory requirement to have the barrier rectified, and must give you at least 14 days.  However if it is serious enough safety issue you may also need to ‘make safe’ the area with temporary fencing until works can be completed…..  It will likely require a full reinspection by the council once repairs have been conducted.

Understanding this and knowing your responsibilities in relation to your barrier fencing will help you avoid this scenario.  At Chordline Barrier Inspections, we discuss the particulars of your swimming pool and attempt to guide you through doing a self assessment prior to inspection day.  We can offer a service to fit your circumstances, weather that be advice, assessment, or repairs.

If you have any concerns about your barrier and are looking for the right advice, feel free to drop us a line on 0409254681 or info@chordline.com.au.