What you need to consider contracted works associated with a swimming pool or spa

As an authorised distributor of Victorian Managed Insurance Authority (VMIA) Domestic Building Insurance (DBI) in Victoria, we regularly monitor for changes to support our clients. Below is guidance on completion of any contracted works associated with a swimming pool or spa before the builder is permitted to close the job on BuildVic.

What documents are builders required to provide on completion of works relating to a swimming pool or spa?

Subject to the exemptions set out below, on completion of all building work (including work associated with a swimming pool or spa), the builder is required to provide to the VMIA:

• A copy of the building permit.
• A copy of the occupancy permit or the certificate of final inspection (as the case may be).

In addition to these documents, you may be required to provide further documentation where the contracted building works include work associated with a swimming pool or spa, and the work is the type which requires provision of a plumbing compliance certificate or an electrical compliance certificate.

The documents that you are required to provide to the VMIA will differ on a case-by-case basis depending on the type of swimming pool or spa installed, and the scope of the contracted works that have been undertaken.

Depending on the contracted works undertaken, you may be required to provide the following documents:

• A copy of a plumbing compliance certificate provided by a licensed plumber, where plumbing work for more than $750 has been undertaken.
• A copy of an electrical certificate of compliance provided by a licensed electrical installation worker where electrical installation work has been undertaken; and/or
• Certificate of swimming pool barrier compliance.

When are works associated with a swimming pool or spa exempted from the requirement for a building permit, a certificate of final inspection and/or an occupancy permit?

The following works associated with a swimming pool or spa are exempt from the requirement to obtain a building permit and an occupancy permit/certificate of final inspection under the Building Act 1993 (Vic):

• Assembling, erecting or installing a swimming pool or spa which is not capable of holding water to a depth greater than 300mm.
• Assembling, erecting or installing a relocatable swimming pool or relocatable spa.
• Assembling erecting or installing a swimming pool barrier or spa barrier that is relocatable around a relocatable swimming pool or spa; or
• Replacement or alteration of part of a barrier for a swimming pool or spa if the work is to rectify a non-compliance of the barrier identified by a swimming pool or spa inspector unless the building work involves:
  • Replacement or alteration of sections, parts or components of the barrier that when combined, comprise more than 50% of the existing length of the barrier.
  • Replacement or alterations of posts or footings of the barrier.
  • The use of materials in the barrier that are not commonly used for the same purpose as the material being replaced in the barrier.
  • An increase or decrease in the length of the barrier or the size of the area enclosed by the barrier; or
  • Replacement or alteration of any part of the retaining wall that forms part of the barrier.

Where an exemption applies, no building permit or occupancy permit / certificate of final inspection will have been issued by the relevant building surveyor for such works in relation to a swimming pool or spa. For all other work you must provide a copy of the building permit and certificate of final inspection or occupancy permit before the VMIA can accept completion of the works.

When will a plumbing compliance certificate or electrical compliance certificate be required?

The VMIA acknowledges that the majority of building works which involve the construction or installation of a swimming pool or spa will likely not include plumbing work or electrical installation work. However, where the contracted works do include plumbing works or electrical installation works, a plumbing compliance certificate or electrical compliance certificate must be obtained from the relevant plumber or electrician at completion of the works and provided to the VMIA. Whether a plumbing or electrical compliance certificate is required will depend on the type of swimming pool or spa installed, and the contracted works that have been undertaken, including for example, the method used to:

• Drain the swimming pool/spa.
• Heat the swimming pool/spa; and
• Light the swimming pool/spa (if the pool is lit other than by way of low voltage Plug and play systems where no electrical connection is required).

When is a plumbing compliance certificate required?

You will be required to obtain a plumbing compliance certificate from the relevant licensed plumber, if the contracted works include 'plumbing works' totalling $750 or more. If the contracted works do not include any plumbing works, a plumbing compliance certificate is not required to be provided.

Works associated with the installation of a swimming pool or spa may include the following type of 'plumbing work':

• Gas fitting work, for example where the pool is heated by the supply or use of gas and that is fitted downstream of the gas supply point (including any design of that gas fitting work)
• Drainage work, if the work to connect the swimming pool or spa involves the installation, commissioning or alteration1 of any part of a below-ground sanitary drainage system from the above-ground sewage or waste pipes connected to the discharge reticulation system exclusively vested in a sewerage authority (including any design of that drainage work)
• Drainage work, if the work to connect the swimming pool or spa involves the installation, commissioning or alteration of any part of a below-ground stormwater drainage system from the above-ground stormwater pipes to the point of discharge (including any design of that drainage work)
• Sanitary works, if the work to connect the swimming pool or spa involves the installation, commissioning or alteration of any part of an above-ground sanitary plumbing system to a wastewater treatment system or below ground sanitary drainage system (including any design of that sanitary work)

A plumbing compliance certificate will not be required for a swimming pool recirculation filtration system unless it includes plumbing works which total $750 or more. However, a plumbing compliance certificate will be required where the swimming pool recirculation filtration system is directly connected as per AS/NZS3500.24 to a below ground sanitary drainage system or a below-ground stormwater drainage system.

Where a plumbing compliance certificate is not provided on the basis that the plumbing work totals less than $750, the VMIA may request further information which you must obtain from the relevant plumber to confirm that the plumbing work is less than $750 (for example design and installation documentation or invoices). The total amount of 'plumbing works' includes the cost of any materials and labour involved in that work.

When is an electrical compliance certificate required?

You will only be required to provide an electrical compliance certificate from a licensed electrician for contracted works associated with a swimming pool or spa in certain circumstances.

Electrical installation work includes the installation, alteration, repair or maintenance of an electrical installation. Where such work is required under the Electrical Safety Act 1998 (VIC) to be carried out by a licensed electrical installation worker, the electrical installation worker must provide an electrical certificate of compliance on completion of the work. A copy of any electrical certificates of compliance must be provided to the VMIA where Electrical Works have been contracted to enable it to close the job on BuildVic. If the electrical installation work is such that a licensed electrician is not required to undertake the work, a certificate of compliance is not required to be obtained and provided to the VMIA. The VMIA may require builders to obtain and provide electrical drawings or other design documentation to determine whether an electrical compliance certificate is required.

When is a certificate of swimming pool barrier compliance required?

A certificate of swimming pool barrier compliance will always be required unless the swimming pool or spa is not capable of containing water at a depth of greater than 300mm. Builders should request a copy of the certificate of swimming pool barrier compliance from the relevant building surveyor or the owner once issued.

If you are having trouble or need assistance with your DBI applications, a HIA Insurance Services specialist can support your business. We are a specialist insurance broker for the residential construction industry and are a distributor for DBI in Victoria.