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I’d like to know if swimming pool maintenance in a strata building has to follow any laws or regulations about being kept in a hygienic condition?
The lap pool in our building has a filtration system and a guy comes once a week to scrape the sides of the pool. There is no automatic cleaning system like a Kreepy Krauly. There is usually a mark on the poolsides at the waterline and you can always see little bits of stuff floating in the water. There has been a two metre long algae growth in a puddle of water directly beside the pool and next to the ladder into the water for three weeks now. I wrote a letter to the strata manager and owners’ committee a few months ago suggesting they buy a robot cleaner as they don’t cost much but did not receive a direct reply only the building manager’s offsider hinted that they didn’t want to leave such a device in the pool. It didn’t seem to occur to them that they could put a kreepy krauly into the pool overnight and take it out early in the morning. My letter to the strata managers a few months ago was prompted by my getting really bad throat infection and losing my voice for two weeks after swallowing just one mouthful of water.
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If this is in NSW, S.62 of the Act surely applies:
62 What are the duties of an owners corporation to maintain and repair property?
(1) An owners corporation must properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation.
There may also be scope for action under Local Government and/or Health legislation.
Graham – right now the operations of the pool in your building is not regulated, but from 1 March 2013 the Provisions of the Regulation (2012) to the Public Health Act (in NSW) have been broadened to include pools and spas in a “hotel, motel or guest house or at holiday units, or similar facility, for the use of guests”.
I believe that definition would apply to Strata Plans, where the Owners Corporation is in my opinion required to maintain and keep records of pool maintenance in accordance with the Schedule 1 of the Regulation.
If you’re in NSW then contact NSW Health on (02) 9391 9000, and if you’re in another State or Territory then contact the equivalent Government Agency.
@Whale said:
From 1 March 2013 the Provisions of the Regulation (2012) to the Public Health Act (in NSW) have been broadened to include pools and spas in a “hotel, motel or guest house or at holiday units, or similar facility, for the use of guests”.I believe that definition would apply to Strata Plans …
Hmmm. I’m not sure that will apply to strata unless part of the strata scheme is officially used for commercial lets (as opposed to residential tenancies).
However, I do think the “repair and maintain” clause cited by Excathedra applies and Grahammmm should consider taking action at the CTTT to get them to issue an order to the Owners Corp to fulfill their legal responsibilities.
Or, even better, warn them that he may do that, and that doing nothing is not an option so they may as well get on with it.
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Yeah – I probably should have said that I hope the definition would apply, although Graham↑5 could at least use the water quality and treatment criteria provided in that Schedule to qualify “properly maintain” in S62 (of the NSW Strata Schemes Management Act).
I’ve now done the homework that I should have done initially, and NSW Health’s preliminary advice is that their Regulation 2012 does not apply to “residential premises” but does apply to mixed-use Strata Schemes and to those where employees of the Owners Corporation or the Commercial Operators could use an on-site swimming pool or spa. Begs the question – what applies to an entirely residential Scheme with a pool or spa whose O/C employs a full-time caretaker or on-site manager?
The Officer of NSW Health with whom I spoke has called me back once with this preliminary advice, and undertook to do so again when she’s clarified that advice, and the matter of employees of an O/C; a very efficient woman indeed! I’ll report back on this when I receive confirmation / clarification.
I received a telephone call from a Senior Officer of NSW Health yesterday (24/1) and the summary advice provided with reference to my last post is that “the Department does not intend that the Regulation (2012) to the NSW Public Health Act will be applied to any Residential Strata Development”.
I had quite a long discussion with NSW Health about this matter, and on the basis of that my personal conclusion is that whilst the Regulation could be applied to Residential Strata Developments in circumstances where the Owners and employees of Commercial Lots (i.e. in mixed-use developments) and/or employees of the Owners Corporation may have access to an on-site swimming pool or spa, it will not be applied.
(I have details of the name of the Officer with whom I spoke and his Position in NSW Health, but as I did not seek his approval to mention those details here, I did not do so).