I've spent the morning ringing around a few agencies to find out what my legal obligations as a landlord are for safety pertaining to a fish pond on my rental property:
Fish ponds are exempt from pool and safety fencing requirements per the Australian Building commision website:
"What are safety barriers NOT required for?
Structures not used principally for swimming, paddling or wading including bird baths, fish ponds, fountains, dams and water supply/storage tanks
Swimming pools or spas not capable of containing a depth of water greater than 300 mm
Inflatable swimming pools (typically toddler or wading pools) not capable of containing a depth of water greater than 300mm
Spas inside a building that are used for personal hygiene such as a spa bath in a bathroom."
Information from my local council via phone call to planning department- City of Onkaparinga in SA - "no documents are available/ no council regulations exist."
Phone call to Legal Services Commision hotline: "I don't know try calling the Residential Tennancy branch or try asking a personal lawyer."
Phone Call to the Residential Tennancy branch SA- "as there is no legal regulation in place for safety requirements pertaining to fish ponds, if the tennant were to injure themselves on the pond, you would not have broken any law, it is just the tennants responsibility to exercise common sense, however- you could furthur protect yourself with a clause in the lease agreement something along the lines of- the tennant is to excercise caution with regards to safety around the fish pond, as no legal requirements exist pertaining to its presence on the property"
OK over to you experienced property managers or any Lawyers willing to comment...
Fish ponds are exempt from pool and safety fencing requirements per the Australian Building commision website:
"What are safety barriers NOT required for?
Structures not used principally for swimming, paddling or wading including bird baths, fish ponds, fountains, dams and water supply/storage tanks
Swimming pools or spas not capable of containing a depth of water greater than 300 mm
Inflatable swimming pools (typically toddler or wading pools) not capable of containing a depth of water greater than 300mm
Spas inside a building that are used for personal hygiene such as a spa bath in a bathroom."
Information from my local council via phone call to planning department- City of Onkaparinga in SA - "no documents are available/ no council regulations exist."
Phone call to Legal Services Commision hotline: "I don't know try calling the Residential Tennancy branch or try asking a personal lawyer."
Phone Call to the Residential Tennancy branch SA- "as there is no legal regulation in place for safety requirements pertaining to fish ponds, if the tennant were to injure themselves on the pond, you would not have broken any law, it is just the tennants responsibility to exercise common sense, however- you could furthur protect yourself with a clause in the lease agreement something along the lines of- the tennant is to excercise caution with regards to safety around the fish pond, as no legal requirements exist pertaining to its presence on the property"
OK over to you experienced property managers or any Lawyers willing to comment...
