Swimming Pool and Spa Barrier Safety Inspection Engagement Agreement

1. CLIENT AND POOL INSPECTION DETAILS

   Client name/s:	Test Client
   Client address:	Test Address
   Name if owner of Land:	Test
   Property inspection address:	Test
   Council:	Test
   Date of construction:	3 March 1999
   Applicable barrier standard:	Test Standard
   Type of pool/spa:	Swimming Pool

   
   
   

2. FEES AND CHARGES

   Inspection Fees - Residential Pool/Spa Barrier Safety
   Description	Quantity	Amount
   First/Initial inspection	1	$365.00 + $36.50 GST = $401.50
   Re-inspection (if required)	1	$265.00 + $26.50 GST = $291.50
   Subsequent re-inspection (if required)	1	$100.00 + $10.00 GST = $110.00

   
   

   Inspection Fees - Commercial Pool/Spa Barrier Safety
   Description	Quantity	Amount
   First/Initial inspection	1	$440.00 + $44.00 GST = $484.00
   Re-inspection (if required)	1	$275.00 + $27.50 GST = $302.50
   Subsequent re-inspection (if required)	1	$110.00 + $11.00 GST = $121.00

   
   

   Consultancy Fee - OPTIONAL - Provided by a VBA registered building practitioner
   Description	Quantity	Amount
   Building Inspector Consultancy (optional) Minimum rate charged for engagement of services is 1 Hour	1 Hour	$109.09 + $10.91 GST = $120.00
   Phone calls to the relevant Council, and/- or Phone calls with contractors or similar and/- or Independent site assessment Liaise with the VBA and/- or other relevant parties

   
   
   

3. DEFINITIONS

   The Client should read and understand the following definitions of words used in this Engagement Agreement and in the report.

   Agreement means this service agreement between the Parties (the Client and APBI) in accordance with its terms (including the initial quotation letter, setting out all the fees and charges).

   APBI means Australian Property & Building Inspections Pty Ltd, ABN: 52 616 411 182 of 8 Anderson Street, Port Melbourne VIC 3207.

   Barrier means the assembly of components, natural or otherwise, that restricts access to the pool or spa.

   Client means the owner of land on which the swimming pool or spa is located, or representatives, agents, nominated by the owner of land.

   First inspection means the first time our Inspector inspects the pool or spa barrier on the relevant property.

   Form 23 means the Certificate of Pool and Spa Barrier Compliance issued to the Client in accordance with Regulations 147Y(2)(4) and Schedule 4 of Building Regulations 2018 by APBI following the inspection of the swimming pool or spa barrier.

   Form 24 means the Certificate of Pool and Spa Barrier Non-Compliance issued to the Client in accordance with Regulations 147ZF, 147ZI and Schedule 4 of Building Regulations 2018 by APBI following the inspection of the swimming pool or spa barrier.

   Inspector means a VBA registered building practitioner in the relevant category to carry out the pool or spa barrier inspection.

   Notice means the Notice for Required Rectification issued to the Client in accordance with Regulation 147ZG, sub-regulation (1)(2)(3) and (4) of Building Regulations 2018 by APBI following the inspection of the swimming pool or spa barrier.

   Our/Us/We means APBI, the Inspector conducting the inspection and/- or APBI employees.

   Pool area means the area that contains the pool and is enclosed by a Barrier.

   Re-inspection means the second time our Inspector inspects the pool or spa barrier. Re-inspection must take place within 60 days of the First inspection report being received by the Client.

   Repor means the report issued to the Client by APBI following the inspection of the swimming pool or spa barrier by a VBA registered building practitioner in the relevant category.

   Subsequent re-inspection means the third time our Inspector inspects the pool or spa barrier. Sub-sequent re- inspection will take place within 7 days of the Re-inspection report being received by the Client.

   Swimming Pool (referred to as 'Pool') means any structure containing water to a depth greater than 300mm and used primarily for swimming, wading, paddling or the like, including a bathing or wading pool or spa pool.

   VBA means Victoria Building Authority located at 733 Bourke St, Docklands VIC 3008.

   
   
   

4. CLIENT ACKNOWLEDGEMENT

   1. This Agreement is between the Client and APBI for the inspection and report on Swimming Pool Safety Barriers for Swimming Pools and Spa in accordance with the requirements of Part 9A Regulation 147 Division 2 of Building Regulations 2018 and relevant applicable Australian Standard AS1926.1 as determined by the relevant Council.
   2. The Inspector will only inspect and report on Swimming Pool Safety Barrier in accordance with the applicable Australian Standard determined by the relevant Council stated on the Swimming Pool registration letter.
   3. In accordance with Regulation 147ZG of Building Regulations 2018, the Client acknowledges that there could be a total of three (3) inspections, the Re-inspection and Subsequent re-inspection depending on the outcome of the First inspection.
   4. The Client acknowledges that Re-inspection and Subsequent re-inspection incurs a separate inspection fee and is in addition to the First inspection fee.
   5. In accordance with Regulation 147ZG, sub-regulation (3)(c) of Building Regulations 2018, the Client acknowledges that there will be a Re-inspection within 60 days after the First inspection report being received by the Client if the Inspector determines that the barrier does not meet the applicable barrier standard and a Notice for Required Rectification has been given under Regulation 147ZG sub-regulation (1).
   6. In accordance with Regulation 147ZG, sub-regulation (4)(b) and Regulation 147ZH, sub-regulation (1)(2)(c) of Building Regulations 2018, the Client acknowledges that a second notice will be given to the Client and there will be a Subsequent Re-inspection within 7 days after the Re-inspection report being received by the Client if the Inspector is not satisfied that the barrier complies with the applicable barrier standard and a second Notice for Required Rectification has been given under Regulation 147ZH sub-regulation (1).
   7. In accordance with Regulation 147ZG, sub-regulation (5) of Building Regulations 2018, the Client acknowledges the Inspector must issue a certificate of pool and spa barrier non-compliance (Form 24) if the Inspector is prevented by the Client from undertaking a Reinspection or a Subsequent re-inspection of the barrier and the date specified under sub-regulation (3)(c) in the notice under sub-regulation (1) has passed.
   8. It is the duty of the Client to ensure that all information provided to the relevant Council for Swimming Pool registration are correct.
   9. Information relating to the requirements of the safety barriers for different applicable standards can be found on Victorian Building Authority's website www.vba.vic.gov.au.
   10. A copy of the relevant Australian Standard can be obtained from Standards Australia at the Client's cost if required. The Client warrants that they have been given reasonable opportunity to peruse the relevant Australian Standards.
   11. In accordance with Regulation 147ZG, sub-regulation (2) and (4)(b)(ii) of Building Regulations 2018, the Inspector will give the notice under sub-regulation (1) to the Client as soon as practicable after the inspection of the barrier. The notice is to be given to the Client in junction with the Report.
   12. Report issued under this Agreement is not a Building Permit. Where any safety barrier alteration works are required, a building permit may be required. It is the Client's legal obligation to obtain a Building Permit where required for building works excluded from the exemption under Schedule 3 of Building Regulations 2018.
   13. It is the duty of the Client to ensure that Form 23 is submitted to the relevant Council and pay the applicable lodgement fee within 30 days from the date of issued.
   14. The Client acknowledges that the Inspector will lodge Form 24 to the relevant Council if the Pool is deemed under Regulation 147ZF(c) non-compliant and poses a significant and immediate risk to life or safety. The Client is liable to pay to the relevant Council a fee in accordance with Regulation 147ZJ(1).
   15. The Client and/or the Client's representative agrees to give access and ensure that the Inspector is permitted to access and can access the Pool area on the inspection day.
   16. The Client agrees to give APBI a minimum of 24 hours' notice should an inspection need to be cancelled.
       Late cancellation will attract a late cancellation fee of 50% of the inspection fee. Such fee will be charged to the Client's account, is non-refundable and will be deducted off the payment made.
   17. APBI reserves the right to cancel a booked and paid inspection any time at its discretion if APBI believes that it is unsafe for the Inspector to carry out the inspection. This could be due to but not limited to severe weather or accessing unsafe building sites. If a pre-payment has been made by the Client for the booked inspection, APBI reserves the right to not provide a refund.
   18. Fees quoted are inclusive of GST and are in full as required by the Trade Practice Act 1974 and the Competition and Consumer Act 2010 (Cth).
   19. Payment is required by close of business on the day of inspection. Inspection reports and any notice will not be sent to the client until payment has been received.
   20. Independent Pool barrier safety consultation provided by a VBA registered building practitioner is available at APBI and charged by the hour should the Client require any assistance outside the scope of appointment detailed in Section 5.
   
   
   

5. SCOPE AND LIMITATIONS OF APPOINTMENT

   1. Review the Pool registration notice from the Client's council as issued under Regulation 147R.
   2. Carry out one onsite inspection (First inspection) and assess the existing Pool safety barrier complies with the requirements of Part 9A, Regulation 147 Division 2 of Building Regulations 2018 and applicable Australian Standard 1926.1 as determined by the relevant Council.
   3. If necessary, carry out a second onsite inspection (Re-inspection) within 60 days of receiving the Report of the First inspection in accordance with Regulation 147ZG, sub-regulation (3)(c) of Building Regulations 2018.
   4. If necessary, carry out a third onsite inspection (Subsequent re-inspection) within 7 days of receiving the report of the Re- inspection in accordance with Regulation 147ZG, sub-regulation (4)(b)(ii) and Regulation 147ZH, sub- regulation (2)(c) of Building Regulations 2018.
   5. Issue Form 23 to the Client or Form 24 to the relevant Council and a copy to the Client depending on the outcome of the inspection(s).
   6. Up to 30 minutes discussion time onsite with the Client about compliant and non-compliant issues on each of the inspection(s).
   7. The 30 minutes discussion time included in the scope of this appointment excludes any phone calls to the relevant Council, phone calls with contractors and independent site assessment.
   
   
   

6. ACCEPTANCE OF AGREEMENT

   To formally appoint APBI for the inspection services, the Client is required to:

   1. Accept and Submit your Electronic Agreement
   2. Provide a copy of the Council letter with the applicable Australia Standard to be assessed under either online or via email to inspection@apbi.com.au.
   3. The Client has read all the terms and has not relied on any representations made by the Inspector and/or APBI before entering this Agreement.
   4. The Client will not hold APBI and/or the Inspector liable for any losses suffered on relying on the Inspection Report considering the acknowledgments above and the terms of this Agreement.
   5. To the extent permitted by law, no liability shall be accepted by APBI or the Inspector on account of failure of the report to identify or notify any problems of a structural nature relating to the Pool or to any part of the Pool barrier physically inaccessible for inspection.
   6. The Client confirms the Terms and Conditions of this Agreement have been read and understood.
   
   
   

Please do not hesitate to contact our office on 1300 657 546 or email inspection@apbi.com.au should the Client has any queries or requires any further information.