Can you get a second opinion on a pool inspection after it has failed?

If you find yourself in a position where your pool safety inspection has failed, you may consider whether you can get a second opinion from a different pool safety inspector. The short answer is no.

Under section 246AB of the Building Act 1975 (Qld), if a pool safety inspector conducts an initial inspection and determines that the pool is not compliant with safety standards, the inspector must issue a Form 26 nonconformity notice within two business days. The Form 26 nonconformity notice must detail the following:

1. how the pool is noncompliant;
2. what steps are required to achieve compliance; and
3. inform the owner of their right to request a reinspection within three months.

Unless you have prior written approval from Queensland Building and Construction Commission (“QBCC”), getting a second opinion or switching to a different pool safety inspector after a failed inspection is restricted during the standard 3-month rectification period. If you request a reinspection within the reinspection period the original inspector must conduct the reinspection.

You must achieve compliance with the Form 26 nonconformity notice within 3 months. If you fail to request a reinspection within 3 months, then the inspector is required to notify the local government of your failure to do so and provide them with a copy of the notice.