Building Surveyors fined for incorrect certification of pool enclosure

Please note - The original Building Services Board findings described here have been superseded by a State Administrative Tribunal review. Please refer to this announcement about the Tribunal's decision, which was published in November 2018.



An East Victoria Park building surveying company, Western Australia Building Certifiers and Assessors Pty Ltd (BSC226) and its sole director John Phillip Greenwood (BSP21) have each been ordered to pay a fine of $2,500 to the Building Commissioner.

The Building Services Board imposed the fines at its April meeting after finding that the respondents were negligent under the Building Services (Registration) Act for errors in a Certificate of Design Compliance (BA3) for renovation work at an Iluka property in 2016.

The plans that were certified by WABCA and Mr Greenwood allowed for the installation of a new double door set in place of an existing window. The doors were shown to open out into the pool area from a rear bedroom in breach of regulations relating to the enclosure of private swimming pools.

The breach was discovered when the City of Joondalup conducted a routine swimming pool safety barrier inspection at the property and the matter was then referred to Building and Energy.

Building Commissioner Ken Bowron said that doors opening from a house directly into a swimming pool area had not been permitted in private properties since November 2001 and that building surveyors and building contractors need to be aware the regulations relating to private swimming pools changed on 1 May 2016.

“The onus is on building surveyors not to certify plans for renovations that are not compliant with the applicable standards. Correct certification lessens the likelihood that non-compliant installations are constructed by contracted builders and have to be rectified at a later date,” he said.

“I applaud the local government authorities that bring these certification breaches to our attention.”

The respondents are seeking review of the Board’s decision in the State Administrative Tribunal.

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Building and Energy
Media release
14 May 2018

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