Tenant has installed swimming pool in back yard

[redwing]

Friends recently bought the below ($58) just for Australia Day, others may have done similar

 

[DaveM]

That is a tiny pool. A child could still drown in it but I was picturing a more substantial and permanent above ground pool.

I'd love to know if this type of pool would be an issue as we have bee discussing? It is similar to a clam pool (but bigger). Would council ask that a clam pool be fenced? I see this as a large toy and fencing something that is not a permanent structure seems over the top. Wouldn't this be emptied after a couple of days?

I'm not saying this type of pool left filled in a back yard is not a safety risk but what about if the agent saw a clam shell filled with water there. Would she want that fenced?

Portable and inflatable pools capable of being filled to a depth of 300mm or more are required by law to be surrounded by a swimming pool safety barrier.

 

[wylie]

Portable and inflatable pools capable of being filled to a depth of 300mm or more are required by law to be surrounded by a swimming pool safety barrier.

I wonder how many people have this type of "temporary" pool and don't have it fenced?

I'm not saying having such a pool and leaving it overnight is not dangerous, but simply wondering how often this happens.

Children have drowned in nappy buckets. Any water, even 5cm deep, is deep enough to drown a child.

I'm more interested in just how many of these pools being left up in someone's back yard are out there. There would have to be thousands of them.

One of the reasons I would not want an IP with a pool is because I'd hate to own a house where a tragedy happens. I'd just never thought that these little "fill once and empty afterwards" pools would be left up overnight. When we had little pools like this, the water was pretty horribly after just half a day of kids jumping in and out. I don't think we would ever have left water in such a pool due to the risk, though we did use the little plastic clams that hold probably only a quarter of what the pool would hold in the link.

It is still a risk, but just not one I'd ever thought about. How long do people leave water in these pools anyway without any sort of filtering?

 

[DaveM]

Probably heaps - some people just dont know the rules or just dont care.

I have a square plastic pool for my dog to splash around in, its is 29cm deep ... not that the extra 1cm would stop someone drowning

 

[weg]

I wonder how many people have this type of "temporary" pool and don't have it fenced?

I would guess almost everyone.

Who would pay $58 for a small pool (most have a pump btw so aren't pulled down overnight) and then go and spend 2K+ fencing it?

I've heard of very young children drowning in a plastic bucket of water too.

Infact it almost happened to a friend's daughter - the mum told me she saw it from a kitchen window and couldn't believe her daughter couldn't work out that all she had to do was pull herself up or lift her head.

 

[vaughan]

Now you see the reason for my post. This is a small pool but under the legislation it needs to either be emptied when not in use or fenced.

I am not up to speed on pool legislation, and in NSW it appears to be changing and becoming much more encompassing it what needs to be fenced.

 

[weg]

Now you see the reason for my post. This is a small pool but under the legislation it needs to either be emptied when not in use or fenced.

I am not up to speed on pool legislation, and in NSW it appears to be changing and becoming much more encompassing it what needs to be fenced.

Yes, but the question relevant to you is, is it your responsibility if it's not your pool?

 

[Sez]

We've been debating this in the office of late too. When we do a routine inspection and find that a tenant has one of these pools we send them a letter advising of the Council rules supply them with a copy of it and advise the landlord. We have spoken to council who doesn't want us to report all of the tenants who have kids pools without fences as they won't do anything about it, we've asked Consumer Affairs and the REIV who don't say much as this situation isn't covered in the Act. The general consensus seems to be though, we have notified the tenants of their duties and requested they remove the pool or comply with the laws. As the agent we do this on behalf of the landlord and as such it goes back to the tenant to do the right thing as we can't FORCE them to do anything.

Hope this helps, it's a grey area to wade through but that's as much information as anyone has given me .

 

[marg4000]

Yes, but the question relevant to you is, is it your responsibility if it's not your pool?

Once you know about a hazard on your property then you have a responsibility in the case of accident.

Instruct the tenant to empty the pool immediately, and not refill it as it breaches pool fencing laws.
Marg

 

[weg]

Once you know about a hazard on your property then you have a responsibility in the case of accident.

Instruct the tenant to empty the pool immediately, and not refill it as it breaches pool fencing laws.
Marg

I know the LL has a resonsibility for all hazards related to their property and fittings, inc. insurance implications regarding businesses being conducted from the property, but all hazards associated with the tenants belongings and behaviours too?

That's news to me.

I also thought telling the tenant to empty or remove their pool may not have not stood up in a tenancies tribunal.

I may need to do a thorough check on my responsibilities I think.

 

[marg4000]

I
I also thought telling the tenant to empty or remove their pool may not have not stood up in a tenancies tribunal.

.

If there is a pool is on a tenanted property, it is the obligation of the owner to get a pool fencing certificate to confirm that the pool fencing meets regulations (depending on State regulations).

It is the fact that the pool is breaching council/State regulations regarding pool fencing that is the issue. I cannot imagine any tribunal giving an order that basically permits a tenant to break the law and put lives at risk. And if by remote chance it did, you would have proof that you did everything in your power to remedy the risk in the event of a tragedy.
Marg

 

[vaughan]

Arguments about whether kids can drown in nappy buckets miss the point that legislation now requires all pools over 300 mm depth to be fenced.

 

[weg]

If there is a pool is on a tenanted property, it is the obligation of the owner to get a pool fencing certificate to confirm that the pool fencing meets regulations (depending on State regulations).

It is the fact that the pool is breaching council/State regulations regarding pool fencing that is the issue. I cannot imagine any tribunal giving an order that basically permits a tenant to break the law and put lives at risk. And if by remote chance it did, you would have proof that you did everything in your power to remedy the risk in the event of a tragedy.
Marg

If a LL took it to a tribunal to get a tenant to empty a pool or erect a fence I would have thought the tribunal officer would recognise it as a council matter and refer the tenant there for advise.

The 'tenancies' side would probably see an attempt to force the tenant to empty or rid of a pool without going through the proper channels as a breach of the tenants quiet enjoyment of the property.

Just my opinion.

 

[Xjas]

It's not for the PM to charge the tenant water usage. It's up to the landlord (me) to make sure the property is fitted with the appropriate water saving measures and there are no leaks at the start of the tenancy, and that the appropriate wording to enable the water consumption to be charged to the tenant is included in the lease.

Thats what I was implying.

If there is a pool is on a tenanted property, it is the obligation of the owner to get a pool fencing certificate to confirm that the pool fencing meets regulations (depending on State regulations).

But is that the owner of the property or the owner of the pool who is responsible?