Accredited Professionals Scheme Draft Regulations …...building inspections of Class 1 and Class 10 matters, including roof truss and swimming pool safety inspections, on behalf of

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Submission on South Australian

ACCREDITED PROFESSIONALS

SCHEME DRAFT

August 2018

http://www.spasa.com.au/

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DPTI Date Stamp


ABOUT SPASA The Swimming Pool and Spa Association of Australia (SPASA) is the peak industry body representing the interests of the swimming pool and spa industry. As the voice of the industry, SPASA represents pool builders, manufacturers, suppliers, retailers, technical servicemen, subcontractors, installers, consultants and other allied trades, all of whom set themselves apart from the rest of the industry by setting standards of skill, workmanship and ethical business behaviour in the best interests of pool and spa owners. SPASA is also a Registered Training Organisation (RTO) that provides training and assessment to the swimming pool and spa industry. Our courses are designed in consultation with key industry stakeholders and our qualifications and accreditations are highly valued by government, employers and the wider community. The Swimming Pool and Spa Industry is diverse and includes but is not limited to the following sectors:

Manufacturers of Equipment & Chemicals Suppliers of Equipment & Chemicals Pool Builders Pool and Spa Service Technicians Pool Shops Consultants Online Retailers Portable Spa Retailers Prefabricated Pool Manufacturers & Retailers Tiling/Paving Suppliers & Retailers Pool & Spa Heating Manufacturers/ Retailers Pool Cover Manufacturers & Retailers Ancillary Retailers Other Sub Trades

SPASA - INDUSTRY EXPERTS SPASA has a long history of driving change. Our commitment and involvement as the proponent or key advocate to modify existing or develop new Australian Standards has seen us participate in Working Groups and as Committee Members on the following Australian Standards: - AS/NZS1838: Swimming Pools-Premoulded Fibre-Reinforced Plastics-Design/Fabrication - AS/NZS1839: Swimming pools-Premoulded Fibre-reinforced plastics-Installation - AS1900 Flotation Aids for water familiarisation and swimming tuition - AS1926.1 Swimming Pool Safety - Safety Barriers - AS1926.2 Swimming Pool Safety - Location of Safety Barriers - AS1926.3 Swimming Pool Safety - Water Recirculation Systems - AS2818 Guide to Swimming Pool Safety - AS2369.1 Materials for solar Collectors for Swimming Pools - AS2369.2 Materials for solar Collectors for Swimming Pools - AS3634 Solar heating systems for swimming pools - AS/NZS 2416.1 Water Safety Signs and Beach Safety Flags - AS/NZS 2416.2 Water Safety Signs and Beach Safety Flags - AS/NZS 2416.3 Water Safety Signs and Beach Safety Flags - AS2610.1 Spa Pools - Public Spas - AS2610.2 Spa Pools - Private Spas - AS4687 Temporary Fencing and Hoardings (Swimming Pool Section) - AS/NZS4755 Demand Response Capabilities - DRED - AS New Standard Heat Pump Systems for Swimming Pools - AS/NZS5102.1 Performance of household electrical appliances-Swimming pool pump-units - AS/NZS5102.2 Performance of household electrical appliances-Swimming pool pump-units - AS5125.1 Heat Pump Water Heaters - Performance Assessment Part 1: Air sourced



SUBMISSION FOCUS Level 4: Building Inspector (restricted to swimming pool safety inspections) The proposed approved activities for a Level 4 Building Inspectors includes undertaking building inspections of Class 1 and Class 10 matters, including roof truss and swimming pool safety inspections, on behalf of a council. The SPASA submission focuses on the area of Pool Barrier Inspections which would be covered under the category: Level 4: Building Inspector (restricted to swimming pool safety inspections).

PRE-REQUISITES FOR POOL BARRIER INSPECTORS

A career as a dedicated Swimming Pool Barrier Inspector may only be attractive to a small group of industry professionals who may simply add the function of Pool Barrier Inspections on top of their current pool and spa business services. SPASA RECOMMENDS that the South Australian Government consider the inclusion of Licensed Swimming Pool and Spa Service Technicians and other industry relevant trained professionals in undertaking pool barrier inspections.

Notes: a) The NSW Governments position to exclude certain classes of qualified industry professionals from

undertaking Pool Barrier Inspections has seen Mutual Recognition levels from Queensland participants reach almost 40%.

b) The QLD Government has not experienced Mutual Recognition uptake as their criteria is based on the

completion of specific nationally accredited Pool Barrier Training education without limiting certain classes of qualified industry professionals.

EDUCATION & TRAINING Registered Training Organisations should have access to deliver an agreed ‘Accredited’ Swimming Pool Barrier Inspection Course. Compliance training is an important responsibility when assessing control measures, both in terms of safety and legal responsibility. Training associated with a Swimming Pool Barrier Inspection Program must be of the highest quality as it has the potential to increase or decrease the real risk of drowning incidents in a swimming pool and/or spa. The current Queensland course “Course in Swimming Pool Safety Inspections” 10660NAT- Swimming Pool Safety Inspection is recognised by the Australian Quality Skills Authority (ASQA) as providing training that leads to a statement of attainment. This national recognition means that any registered training organisation (RTO) that is assessed as having the qualifications and personnel necessary to deliver the training and with the course meeting the course criteria, can deliver the course.

There are benefits seen in having the course accredited with ASQA, these being:

• The Government is protected from any accusations about the training adequacy provided

• It frees the regulator from the responsibility of assessing RTOs for suitability for delivering the course which would become the role of ASQA as the national regulator

• Uses ASQA to undertake the role of investigating any concerns or complaints about an accredited RTO providing the course

• It provides to those undertaking the course, national recognition for the course



• It facilitates an expansion in the number of RTOs who would consider providing the course and should create both greater innovation and competition in the provision of training

SPASA Australia’s Registered Training Organisation (RTO), SPASA Training has registered the following Nationally Accredited Pool Barrier Course on its scope for delivery: 10660NAT- Swimming Pool Safety Inspection. The 10660NAT- Swimming Pool Safety Inspection qualification is the only nationally accredited pool barrier course that is recognised by Australian Skills Quality Authority (ASQA). Whilst the course was initially developed by the Queensland Building and Construction Commission (QBCC), the assessment strategies, assessment methods, resources for assessment, trainer competence, assessor competence, performance criteria, performance evidence, knowledge evidence, assessment conditions and requirements all relate to the “inspecting a pool barrier” and are contextualised to meet specific South Australia legislation.

As part of ASQA Standards, SPASA’s allocated trainers and assessors have:

Completed 10660NAT - Swimming Pool Safety Inspection Completed TAE40110 - Certificate IV in Training and Assessment Required to stay current with industry skills directly relevant to the training and

assessment being provided Provide evidence of ongoing relevant vocational competence and continual

development of 10660NAT and TAE40110 SPASA Training is already delivering the 10660NAT- Swimming Pool Safety Inspection qualification to Queensland and *NSW participants and in discussions with other jurisdictions who are considering training for when they roll out their pool barrier inspection programs.

ALTERNATIVELY, the South Australian Government could develop course guidelines that RTO’s could map learning material against to achieve the desired and agreed learning outcomes.

*MU Arrangements MINOR REPAIRS SPASA SUPPORTS pool barrier inspectors being able to undertake minor repairs to a barrier up to the value not exceeding $1,000.00 (including labour and materials) where a “Minor Repair” can be rectified relatively easily without requiring pool barrier inspectors to hold a licence for the work being carried out. Allowing Pool Barrier Inspectors to undertake Minor Repairs provides the following advantages:

• Minimise time taken for a pool to become compliant and therefore, expediting the process for compliance with minimum delay

• Minimising the time, a pool remains potentially unsafe • Sparing pool owners and potentially property managers the time and inconvenience

of finding a suitable person to undertake the work and then arranging for the Pool Barrier Inspectors to come back and complete their assessment

• Minimises tradesman/handyman turnover



WHAT SHOULD BE CONSIDERED AS “MINOR REPAIRS” SPASA considers the type of repairs that could be carried out for under $1,000.00 and may include (but not be limited to the following): Supply & Install of CPR Signs Adjustment of latches & hinges

Supply & Install of Gate Hinges & Latches Installation of Perspex pool gate shields

Internal Window Lock/Constraints Replacing of a defective pool barrier panel

Clearing of vegetation ……..other such minor repairs

CONTINUING PROFESSIONAL DEVELOPMENT SPASA SUPPORTS a well-crafted continuing professional development (CPD) program because it delivers benefits to the individual, their profession and the public. The importance of CPD should not be underestimated – it is a career-long obligation for practicing professionals. CPD activities should be designed to to extend or update a professional’s knowledge, skill or judgement, and enable them to:

• Maintain technical competence • Retain and enhance effectiveness in the workplace • Be able to help, influence and lead by example • Successfully deal with changes in their area of expertise • Better serve the community

CPD for Pool Barrier inspectors could include (but not limited to) the following:

• Ethics and Compliance Essentials • Legislation, NCC and Australian Standards • Membership of an Association • Technical Issues • Pool and Spa Safety • Dispute Resolution • Communication • Reports, Reporting and Recording Information

CODE OF CONDUCT All Accredited Professionals should be expected to comply with an Accredited Professionals Code of Conduct. Breach of the Code of Conduct could result in fines, penalties or the requirement for further focussed training. The purpose of the code should be to:

• Set standards of conduct and professionalism expected from swimming pool safety inspectors in the performance of pool safety inspection functions

• Inform the community of the standards of conduct and professionalism expected from inspectors

• Provide consumer, regulatory, judicial, employment and professional bodies with a basis for making decisions regarding standards of conduct and professionalism expected from inspectors



Standards of Conduct and Professionalism In undertaking pool safety inspection functions and related functions, an inspector must always:

• Perform pool safety inspection functions in the public interest • Maintain satisfactory levels of competence • Comply with legislative requirements • Not perform pool safety inspection functions where there is potential for a conflict of

interest, except for carrying out minor repairs prescribed under regulation • Not perform pool safety inspection functions beyond their level of competence or

outside their area of expertise • Maintain confidentiality • Abide by professional, moral and ethical standards expected by the community • Take all reasonable steps to obtain all relevant facts • Clearly articulate and document reasons for decisions

POOL BARRIER INSPECTOR GUIDELINE A Pool Barrier Inspector Guideline should be developed that assists pool barrier inspectors in understanding and performing their functions. The guideline should cover a range of topics relating to the application of pool safety laws and the performance of pool barrier inspection functions including: Fencing structures and maintenance Minor repairs Compliance and technical considerations Pool safety inspector code of conduct The pool safety inspection process Administrative and commercial matters Legislation Hierarchy Reporting

RECORD KEEPING It is important for Pool Barrier Inspectors to know and understand their legal obligations and regulatory compliance. Minimum and maximum retention periods should be known and adhered to, the evidentiary value of stored information should be understood as should the legislation around the retention and accessibility of electronically stored information. SPASA see three main “risk-areas” in managing compliance information:

1. Unauthorised Access Whether accidental or deliberate, unauthorised access can result in theft or leakage of intellectual property, violation of privacy principles or the alteration or destruction of information that needs to be retained.

2. Inability to Locate Information If information is not stored in a structured manner, time, money and resources can be lost to search and recovery.

3. Inappropriate Protection of Information Inappropriate protection could result in loss or damage to information either from degradation due to the storage environment – paper mould, mildew or atrophy of magnetic media – or damage due to external events such as flood or fire.



SPASA would expect that the records that Pool Barrier Inspectors need to keep, would include applications for certificates, determinations they have made, supporting documents, copies of certificates issued, and lists of certain details for the projects certified for each year. Such records would need to be kept for a legislated prescribed time. SUPPLY & DEMAND TRANSACTIONAL ISSUES Consideration should be given to the supply and demand and the way it may impact on transactions associated of selling and leasing properties. Issues resulting from limiting the categories of persons from undertaking pool barrier inspections will create supply, demand and timing difficulties for the entire property cycles (not limited to the following):

− Homeowners − Purchasers − Investors − Rental Market − Trades Persons − Lawyers and Conveyancing Professionals − South Australian Treasury

It is foreseeable that the transaction of properties (sale and lease) may be significantly impacted with many properties requiring initial and subsequent inspections to allow for modifications to be made. Feedback provided by industry and Council in other regions “indicates that high inspection failure rates mean that it is not uncommon for it to take 3 months from first inspection to the issuing of a compliance certificate.” In this regard, it is important that Licensed Swimming Pool and Spa Service Technicians and other industry relevant trained professionals can participate as Level 4: Building Inspector (restricted to swimming pool safety inspections) to ensure accessibility, availability and affordability of inspectors to undertake inspections in a reasonable timeframe allowing for properties to be settled or leased as contracted in a timely manner. CONVEYANCING & LEASING TRANSITIONAL MEASURES Selling a Property In the case of a property sale, there are many instances where homeowners who are ready to sell do not have the financial means to upgrade their swimming pool barrier. Accordingly, they should be able to negotiate a price reduction with the new purchaser - allowing them to arrange compliance after settlement. In this regard, SPASA RECOMMENDS:

• Vendors selling a property with a pool should be able to transfer the obligation of Compliance to the purchaser. This could be achieved by including a “Certificate of Non-Compliance as an essential document into the contract of sale.

• The buyer of a property with a Non-Compliant swimming pool is then provided with 90 days from the date of settlement to address any issues of pool barrier non-



compliance and then obtain a certificate of compliance. Similar processes already exist in QLD and NSW.

Leasing a property In the case of a property for lease with a pool, the pool must have a Certificate of Compliance at the time the Residential Tenancy Agreement is entered, and a copy of that certificate must be given to the tenant. Strata and community title schemes In the case of strata schemes, where there is a swimming pool or spa pool on common property, it is the Owners Corporation’s obligation to ensure there is a valid Certificate of Compliance or Occupation Certificate. With respect to community title schemes, a community association is responsible for ensuring a certificate is obtained.

COSTS TO HOMEOWNERS Ensuring that Licensed Swimming Pool and Spa Service Technicians and other industry relevant trained professionals can participate as Level 4: Building Inspector (restricted to swimming pool safety inspections) safeguards supply and demand issues insofar as costs to the homeowner. Limiting categories of persons to perform pool safety inspections will undoubtedly mean increased costs and delays to pool owners in SA. POOL SAFETY ADVISORY GROUP SPASA RECOMMENDS the establishment of a Pool Safety Advisory Group to oversee swimming pool safety. Its functions could and should include:

• Ensure consistent application of pool barrier rules throughout SA • Auditing, investigating and, where necessary, disciplining pool safety inspectors • Approving pool safety inspector courses • Continual Professional Development for pool safety inspectors • Auditing and, where necessary, disciplining course providers • Investigate complaints against pool safety inspectors • Publish relevant newsletters to pool safety inspectors • Telephone hotline for pool owners and inspectors

CONCLUSION The Swimming Pool and Spa Industry takes the role of swimming pool safety very seriously. Our objectives around safety can only be realised by investing in appropriate consultation, policy and education. In this regard, SPASA remains committed to working with government to ensure the objectives of safety brought about by good policy; education and consistency remain the number one objective. Please do not hesitate to contact me to discuss anything within the attached.



For further information: Spiros Dassakis - Chief Operating Officer Swimming Pool and Spa Association of Australia (SPASA) Phone: 1300 021 482 Email: Website: www.spasa.com.au



Documents

Accredited Professionals Scheme Draft Regulations …...building inspections of Class 1 and Class 10 matters, including roof truss and swimming pool safety inspections, on behalf of