About Community Pools

community-pool-regulations-liabilitiesObligation holders of community pools & spas in Queensland & Australia, have a Legal liability to present a safe environment by maintaining water quality in compliance with State Dept. of Health Guidelines

Obligation holders of Body Corporate and other Community (shared) pools/spas and water features in multi-residential complexes, are now held liable by Dept. of Health Guidelines, to maintain a compliant pool water quality under all probable future bather load conditions.  The Guidelines no longer prescribe the criteria required for designing the pool water treatment plant for Body Corporate pools, but pass on the liability for achieving a safe environment to the obligation holders.

The swimming pool industry and other OBLIGATION HOLDERS such as Body Corporate committees, Body Corporate manager, Building manager etc., now have a clear and concise obligation to ensure that the Pool Water Treatment plant is capable of maintaining good water quality in community swimming pools and spas under their care, in compliance with State Dept. of Health Guidelines, Australian Standards, and any Local Government Laws, adequate for expected heavy bather loads as encountered in Public pools. See also (Risk Management).

While these State Guidelines are not mandatory, obligation holders have a clear and concise “duty of care” to provide a safe environment for patrons and staff using the facilities.

Courts are generally accepting compliance with a Published Guideline as a defence against prosecution of an offence against a Regulation.  Recent NSW Legislation states, “it is a defence to a prosecution for an offence against NSW Regulation 9, if the defendant satisfies the Court that the act or omission constituting the offence was done in compliance with these Guidelines as published by the NSW Department of Health”.

Some interesting and pertinent facts can be extracted from the Spring 2008 edition of the Body Corporate Services Plus Magazine;
  • The courts look dimly and with disbelief upon claims of ignorance
  • Fines and penalties are in almost every case not covered by any insurance policy
  • There appears to be no exceptions to non-compliance

Initially, when the pool is first installed, testing for compliance and operation procedures by a professional organization experienced in these issues, is the best insurance money can buy.   (See para “NSW Deputy Coroner…” below)

Aadvance Swimming Pool Consultants has had extensive experience (about us) in having previously designed and built over 15,000 residential, resort, community and commercial concrete pools/spas and designed the pool water treatment plants and hydraulics for same. This experience has revealed that the poor quality of pool and spa water, as well as the non-compliance with current Australian Standards & Department of Health Guidelines etc., in a large majority of existing community swimming pools and spas in residential complexes, is non-compliant and provides an unacceptable public health risk with subsequent legal liability to all obligation holders.


SURVEY FINDS 48% NON-COMPLIANCE WITH POOL CHEMICAL LEVEL REQUIREMENTS

Based on a recent NSW survey of community pools in inner Sydney apartment buildings, under conditions that inhibited the true extent of the findings, it was concluded that there was up to 48% non-compliance with pool chemical level requirements as required by State Health guidelines, and that there was a correlation between the presence of micro-organisms and such non-compliance.  Different types of pools, especially those subject to microscopic faeces contamination by small children or elderly incontinent people, require specific types of pool water treatment. The cryptosporidium oocysts, contained in human faeces and spread by the faecal/oral route, are highly resistant to standard disinfection processes and standard sand filtration methods, and can be fatal to small children, or elderly people with a compromised immune system.

QUEENSLAND CORONER CALLS FOR AUSTRALIAN STANDARDS COMPLIANCE FOR POOLS & SPAS

Details of the Coroner’s report into the death of a 13 year old girl whose hair was entrapped underwater in a Noosa resort spa pool’s suction outlet in 2006 can be found here: Coroner’s Report. In this incident a workplace health and safety report found that the spa in question did not comply in several ways with Australian Standards and that the non-compliance and some operational deficiencies were the primary cause of the girl’s death.  The Coroner also recommended that, “all public spa pools should be brought into compliance with Australian Standards, and owners who have service agreements with professional pool cleaners, should clearly set out in writing the responsibility of each, such that each is clearly aware of the obligations that each has to ensure that the spa pool complies with the relevant standards from time to time and most importantly, whose responsibility it is to ensure that the spa is working to an optimum standard to avoid risk of injury or death to users”.

NSW DEPUTY CORONER APPEALS TO POOL AND SPA INDUSTRY

Deputy NSW State Coroner Paul MacMahon has found the tragic death of Shannon Rankin in a 2006 entrapment incident in Forster was avoidable (http://www.scribd.com/doc/26912953/NSW-coroner-s-findings-into-spa-death-of-Shannon-Rankin).  The deputy coroner recommended that “the NSW government ban the installation of drains in the floor of spa pools in future constructions, and that an independent expert should certify that pools and spas are compliant with statutory requirements before they can be used.  David Rankin said that it was critical that the pool and spa industry takes the lead in implementing changes to eliminate safety shortfalls, and that the new processes are underpinned by legislation”.

LACK OF REGULATION CONTRIBUTES TO NON-COMPLIANCE FOR POOLS & SPAS

These situations involving sub-merged suction outlets, have been allowed to develop as a result of misunderstanding and misinterpretation of Australian Standards, Department of Health Guidelines and Local Laws by the swimming pool industry, and, in community projects, the subsequent lack of regulation by Building Authorities. This lack of regulation by Building Authorities has encouraged the installation of non-compliant pools and spas by poorly informed installers that include;
  • Inadequate domestic grade equipment, designed on domestic filtration bed velocities, that is incapable of coping with periodic large bather loads common to these community facilities,
  • The installation of non-compliant submerged suction outlets, and
  • The inability of pool operators, either through lack of qualifications, or inadequate design and/or installation of pool water treatment plant, to comply with testing procedures and water quality required by State Department’s of Health Water Quality Guidelines.

NEW BUILDING INSPECTIONS FAIL TO IDENTIFY IF POOL & SPA EQUIPMENT IS ADEQUATE AND COMPLIANT

In the Winter 2008 edition of Body Corporate Services plus Magazine, strata law experts stated that “Australian courts have recognised that builders (and other professionals) owe a duty of care to Community Title Schemes to ensure they design and construct buildings according to reasonable standards and will therefore be liable for defective construction.  So CT Schemes can take civil legal action against builders for the cost of rectifying defects”.

Normal Building Authority inspections of aquatic spaces in new buildings, mainly check for approvals only. They do not check for compliance with Australian Standards, State Department of Health guidelines and hydraulics safety. If the aquatic spaces were not designed and/or inspected by an outside qualified organization, there is no indication for the eventual obligation holders, that the facilities are compliant & operationally safe, regardless of the Building Certification.

There are countless installations in Australia where non-compliant (with Australian Standards) submerged suction outlets have been installed, especially in spas. Unfortunately, as of January 2010, suction outlets manufactured in Australia do not strictly comply with Australian Standard 1926.3-2003. (**SEE NOTE  BELOW)  These non-compliant manufactured submerged outlets have then been installed (also non-compliantly), exposing all building developers, installers and the eventual obligation holders, to litigation in the event of an entrapment accident causing injury or death. This situation is present in practically all existing swimming pools and spas in community complexes where submerged suction outlets are installed.

ACCIDENTAL ENTRAPMENT INVOLVING SUBMERGED POOL & SPA SUCTION OUTLETS

A search of pool spa entrapment on the internet, reveals that suction entrapment is a significant cause World-wide, of incidents causing injury or death. On December 19, 2007, the President of the USA signed into law, the Virginia Graeme Baker Pool and Spa Safety Act, named after the daughter of Nancy Baker and the granddaughter of former Secretary of State James Baker. Graeme Baker died in a tragic incident in June 2002 after the suction from a spa drain entrapped her under the water. In the USA there is an annual average of 283 drowning deaths (2003-2005) and 2,700 emergency room-treated submersion injuries (2005-2007) involving children younger than 5 years of age in pools and spas. In addition, from 1997-2007, there were 74 reported incidents associated with suction entrapment, including 9 deaths and 63 injuries. The new law is aimed at reducing these deaths and injuries by making pools safer, securing the environment around them, and educating consumers and industry on pool safety.

The USA Act specifies that on or after December 19, 2008, swimming pool and spa drain covers available for purchase in the United States must meet specific performance requirements. Additionally, public swimming pools, wading pools, spas and hot tubs must meet requirements for installation of compliant drain covers. New drain covers which meet the current standard are now beginning to make their way into the marketplace. Additionally, in certain instances, public pools and spas must have additional devices or systems designed to prevent suction entrapment. For a better understanding of the dangers associated with non-compliant submerged suction outlets go to this report by Brian Ross (the blotter play list 41) at this ABC News Site on 23/7/2008: http://abcnews.go.com/Video/playerIndex?id=5432181  (wait one minute for tape to load)
In August 2008, the President of a USA pool building company was charged with manslaughter after the drowning death of a bather by suction entrapment in a residential pool, due to his company’s negligence in non-compliance with current Codes.

Information and statistics on child drownings in Australia have mainly been centered around safety fencing requirements. There is very little documented information available on sub-merged suction outlet entrapment injuries or fatalities in Australian pools.

** As of October, 2010, Australian Standard AS1926.3-2010, has called for submerged suction outlets to comply with this new modified Standard . 

Don Bullock and Gordon Clarke, of AADVANCE SWIMMING POOL CONSULTANTS, having previously designed and built over 15,000 swimming pools and spas, and with more than 60 years in the swimming pool industry between them, specialise in professional advice on compliance and safe operation of community pools and spas.