SPASA is aware of a recent matter involving a licensed pool safety inspector in Queensland which has highlighted concerns regarding the manner in which the Queensland Building and Construction Commission (QBCC) may be assessing consulting work undertaken by the pool barrier inspection sector.
The matter concerned whether work undertaken by a pool safety inspector, at the request of a building certifier, constituted a statutory pool safety inspection function under the Building Act 1975 (Qld), or whether it falls within the competent-person framework under Part 6 of the Building Regulation 2021 (Qld).
SPASA considers that this matter has exposed three areas of real concern:
The regulatory guidance on what pool safety inspectors can and cannot do when engaged by building certifiers appears to have shifted over time and is not consistent across QBCC communications.
Inspectors who have operated in good faith under a competent-person or consulting/advisory model may face regulatory exposure despite no willful non-compliance.
Building certifiers, councils, pool owners and inspectors alike are left without a clear, authoritative rule set.
SPASA has written to the QBCC seeking urgent clarification on the boundaries between statutory pool safety inspector functions, consulting/advisory activity and competent-person work.
In the interim, SPASA recommends that all pool barrier inspectors operating in Queensland take care to ensure that you:
document your engagements clearly, and
distinguish advisory work from statutory inspections in all written materials presented to clients.
SPASA will keep members informed as this matter develops and we welcome any members that have been subject to similar QBCC inquiries to contact us as this will assist with our understanding of the approach being taken by QBCC.