Swimming Pool Fence

My tenants have put an above the ground small pool out the back. It is about 1 metre deep and 2 x 2.5 metre wide. There is no pool fencing around it, and I have no intention of putting one in. She has got a 1 year old baby.
What are the legalities of this, as I am the property owner.
Should I get the PM to at least send her a letter stating that she is now responsible to put up a fence.??
 
I would be getting onto the local council in regard to what the guidelines are for fencing requirements of a pool of that size (they will vary from council to council).

They might be able to advise on who is responsible if the worst scenario happens (neighbours toddler wanders in one morning and drowns).

I would consult your P.M. if they have any prior experience with this situation if not and is unsure of the requirements of council I would be going down the line of having the pool drained immediately until the safety requirements have been meet if any needed.
 
I'd be telling them they have to put up a temp fence or something.

Because that's a big pool!! Not too deep but still..

Or tell the PM to tell them swiftly that the house was rented without a swimming pool, and they must remove it.

We don't have a fence around our one yet, due to renovations, difference is youngest one in the family is me. But i have an incling feeling that my parents should get a move on with it because i think it's the owners responsibility, even if the parents should be keeping a close enough eye on their todler to not wonder into the neighbours yard.
 
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But i have an incling feeling that my parents should get a move on with it because i think it's the owners responsibility, even if the parents should be keeping a close enough eye on their todler to not wonder into the neighbours yard.

I am pretty sure it is the owners responsibility. Bearing this in mind, I would be getting this sorted as soon as possible.

Tenants can't be held responsible for their own safety, so most things fall onto the Landlord.:rolleyes:
 
Given that babies have been known to fall into and drown in a nappy bucket, then a metre is WAY too deep. I would be getting them to remove it ASAP.
 
I would write immediately and insist that the pool be removed.

An unfenced pool is a disaster waiting to happen. And yes, as owner you have legal liability issues.

Apart from a legal standpoint, who wants a child's death or serious injury on their conscience?
Marg
 
I'd be telling them they have to put up a temp fence or something.

Because that's a big pool!! Not too deep but still..

Or tell the PM to tell them swiftly that the house was rented without a swimming pool, and they must remove it.

We don't have a fence around our one yet, due to renovations, difference is youngest one in the family is me. But i have an incling feeling that my parents should get a move on with it because i think it's the owners responsibility, even if the parents should be keeping a close enough eye on their todler to not wonder into the neighbours yard.

Hey Lil

In Qld, it is a legal requirement to have a pool fenced. I think the other states are coming around to this way of thinking. I can remember trying to push the pool fence issue a couple of years ago with the inspecter, when I was getting one built, as I don't have any kids.....that didn't make him any more lenient though. There is no way around it for Qlders.

I have a wet edge that pours into a weir below. I didn't need a fence around the weir, as the water depth in the weir has a float valve connected, and a maximum water depth of 300mm can only be in the weir, before it gets pumped back up to the pool above again........Funny thing is that you can drown in water less than 300mm, but that is the law......

We had to go to extra measures however with the property boundary fence to ensure that the next door neighbours children didn't climb the fence into our yard, and stumble into the pool.........unbelievable.

CGW,

Am curious....how did you know that your tenants put up a pool? Was it from your PM's? If you didn't know a pool was installed in your property by your tenant, surely you couldn't be held accountable?

I would not know if my tenants would put up a pool, let alone a wading pool for the little nippers. I wonder what hand would be dealt to the landlord if a drowning occured to a tenants family or friends......surely it couldn't be the poor old landlord!!...especially when they were not aware of the situation.

I guess (and it is only a guess) that it would be covered under public liability insurance as part of the landlord insurance cover.

Cheers,

F
 
yeah pool laws can be funny

I need a self closing gate to the river below the pool........like the river is navigable waters to the pacific ocean so any kid that makes it onto our place would be able to swim AND avoid the bull sharks

ta
rolf
 
Another 'out' would be that if the pool is set up on lawn/grass, it will kill it off very quickly as no sunlight will be getting to the grass. So you could instruct them to take it down as it is not maintaining the gardens.

Also a pool that size (I know it isn't big, but it holds a heap of water) if the side goes, will flood ... so if it is near the doors etc inside, you may find that water damage could occur. And little kids can't help throwing themselves into pools like that, I've seen first hand the torrent of water that can come from one of them if the side goes.

These are pretty solid points to consider outside of pool fencing.

If it were me, I would be asking for it to be taken down. It would come across as being a meanie, but I would find protecting my asset and my legal requirements far more important that a wading pool.

Good luck.
 
nsw pool fencing is really severe. recently it was passed that even wet edge/infinity pool have to have their overflow area fenced.

is it a permanent structure, or something that is just flung up on really hot weekends?
 
nsw pool fencing is really severe. recently it was passed that even wet edge/infinity pool have to have their overflow area fenced.

is it a permanent structure, or something that is just flung up on really hot weekends?

Wow..... I know all the states are getting a bit more enforceable. The local council (or regional council) have recently mentioned that their inspectors will be out in full force in the new year undergoing maintenance inspections. need to get further details.

Mine (at the time) was passed knowing that the weir depth cannot be greater than 300mm. (You can drown with less water in a bath!!)

Refer to a couple of pics .... a during and one after.

Cheers,

F
 

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Monsoon, I know where you're coming from. Claims on landlords insurance are rare and lost rental income is usually only for 2-3 months. The savings by not having insurance can cover this.

What if the tenant trashes the property and it costs tens of thousands to repair? General insurance under the body corporate won't cover internal damage.

If the tenant does something stupid and hurts themselves and it ends up as a public liability claim, the Body Corporate insurance will only cover it if it occurs on the common ground, not inside the unit.

At the very least, I'd suggest getting landlords insurance for the first year of a tenancy. This is probably the highest risk period, I'd rather be covered than not.


Just read another post on the forum about Insurance, and I have cut the above response from other post.

From What PT Bear suggests, and I have taken this further to conclude (if correct), that if cgw is talking about a unit with body corporate fees, then any accidents / damage that occurs on the common ground will be protected under the insurance and public liability of the body corporate.??

Just need to find out if pool is in a 'common area' as identified on strata management plan.

Maybe need to find out more about this if unit.

Cheers,
 
In NSW any pool deeper than 300mm whether permanent or temporary must have pool fencing and signage.

I would have the PM issue a notice to fence (and comply with all other state and local requirements) or remove the pool. One of our PM's recently had an existing pool inspected at one of our properties, we carried out repairs to the gate and had CPR signage fitted as this is part of the current NSW requirements.

The following article has more information regarding how stringent the requirements will be enforced with proposals that Councils have a log of backyard pools, carry out comliance inspections including the issuing of fines, re-inspections, and three yearly compliance audits. There is no doubt in my mind this will happen and there will be no exception because of the age of the pool or lack of children in the household.

Article here; http://www.dailytelegraph.com.au/news/blow-up-pool-killers-in-yard/story-e6freuy9-1225812216179
 
My tenants have put an above the ground small pool out the back. It is about 1 metre deep and 2 x 2.5 metre wide. There is no pool fencing around it, and I have no intention of putting one in. She has got a 1 year old baby.
What are the legalities of this, as I am the property owner.
Should I get the PM to at least send her a letter stating that she is now responsible to put up a fence.??

CGW,

What did you do?

I am interested to hear what the end result is? (I'm sure others are too):)

Cheers,

F
 
I rang the council and they said, if and when they do inspect it, they will just make it be pulled down, or put up a suitable fence.
I rang my PM and they are going to send them a letter about it. It is actually in the back yard of a house, not units.
I noticed it when I went for my inspection.
 
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