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Form 26 Pool Safety Nonconformity Notice_v4_09/20
This form may be used for the purposes of section 246AB of the
Building Act 1 975.
IMPORTANT: the pool owner is responsible for ensuring the barrier is
compliant with the pool safety standard at all times, even after receiving
this Form 26. Failing to do so can result in penalties.
COMPLETING THIS FORM
Use BL
ACK pen only
Print clearly in BLOCK LETTERS
DO NOT use correction fluid – any amendment should be crossed out
and initialed
1 . POOL OWNER/S For a shared pool the owner is usually the body corporate.
Title Mr Mrs Miss Ms Other
Surname
First Name
PRIVACY NOTICE: The information on this form is collected as required under the Building Act 1 975. This information may be stored in the local
government database and will be used for compliance, statistical research, information provision and evaluation of the pool safety laws. Information
collected may be requested by government agencies which have certain powers to request this information or disclosed by order of a court or tribunal of
competent jurisdiction. All information held by the QBCC may be subject to application for access under the Right to Information Act 2009. Information
may be released in accordance with the Right to Information Act 2009 and QBCC’s Right to Information Policy.
OWNER 1
Title Mr Mrs Miss Ms Other
Surname
First Name
OWNER 2
2. LOCATION OF THE SWIMMING POOL Lot on plan details are usually shown on title documents and rates notices.
Lot/s on plan
Local
Government Area
Postal Address
State Postcode
Shared pool Non-shared pool
3. SHARED POOL OR NON-SHARED POOL (please insert an X in the relevant box)
FORM 26
POOL SAFETY NONCONFORMITY NOTICE
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Form 26 Pool Safety Nonconformity Notice_v4_09/20
 HOW IS THE POOL NOT A COMPLYING POOL
Provide a description of how the pool does not comply with the pool safety standard - use attachments if required.
 ACTION REQUIRED TO MAKE THE POOL A COMPLYING POOL
Describe what must be done to make the pool comply with the pool safety standard - use attachments if required.
6. DATE OF POOL INSPECTION
Date
D D M M Y Y Y Y
/ /
FORM 26
POOL SAFETY NONCONFORMITY NOTICE
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Form 26 Pool Safety Nonconformity Notice_v4_09/20
Signature
Date
D D M M Y Y Y Y
/ /
7. ST
ATEMENT
Having inspected the swimming pool, I am not satisfied the pool is a complying pool under the Building Act 1975 for the reasons stated in section 4.
Name
Pool safety
inspector licence
number
1 . To obtain a pool safety certicate:
the action(s) in section 5 must be completed and
a pool safety inspector must inspect the pool and be
reasonably satised that the pool complies with the pool
safety standard.
2. The pool safety inspector may only perform minor repairs
described in schedule 2B of the Building Regulation 2006
(or visit www.qbcc.qld.gov.au). Work valued at more than
$3,300 can generally only be carried out by a person suitably
licensed as a contractor by the Queensland Building and
Construction Commission (QBCC).
3. The pool safety inspector must notify the local government
if the owner does not ask the pool safety inspector to reinspect
the pool within three months after this notice is given. The local
government may take enforcement action, impose penalties or
take other action for noncompliance.
4. It is an oence under the Building Act 1 975 for the owner
to ask, within three months after this notice is given, a person
other than the following to inspect the pool for the giving of a
pool safety certicate:
if the owner initially asked that inspector to inspect the pool
the pool safety inspector named in this notice; or
if the owner initially asked the local government to inspect
the pool—the local government.
Maximum fines of 50 penalty units apply for noncompliance.
If the ow
ner wishes to ask another person to inspect the pool
within three months after this notice is given, they may make
a written request to the QBCC. If the QBCC gives the owner a
written notice agreeing to the request, the owner can then
ask another person to reinspect the pool without committing
an oence. Written requests can be made to
the Queensland Building and Construction Commission at:
Post: GPO Box 5099, Brisbane QLD 4001
Email: poolsafety@qbcc.qld.gov.au
5. The owner may appeal the pool safety inspector’s decision in
this notice to a development tribunal under the Planning Act
201 6. The appeal must be made 20 business days after this
notice is given. For further information about how to appeal,
please contact the Development Tribunals, Department of
Housing and Public Works.
Website: www.hpw.qld.gov.au
Phone: 1 800 804 833
Fax: +61 7 3 237 1 248
Email: registrar@hpw.qld.gov.au
Post: GPO Box 2457, Brisbane QLD 4001
A pool safety certicate must be in eect BEFORE entering
into any lease in relation to a property with a non-shared pool.
For sales and leases of properties with shared pools a pool
safety certicate must be in eect within 90 days after the sale
or lease. Penalties apply for non-compliance.
IMPORTANT INFORMATION ABOUT THIS NOTICE
FORM 26
POOL SAFETY NONCONFORMITY NOTICE
click to sign
signature
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