Residential Pools and Spas

NSW pool certifier fined $15,000

October 9, 2019

A NSW E1 pool certifier has been fined $15,000 for unsatisfactory professional conduct, with the fine ratified by the NSW Civil and Administrative Tribunal (NCAT).

The certifier, Phillip Brett Commandeur, has been an accredited certifier since August 2017 when he obtained E1 accreditation under mutual recognition but found the NSW regulations quite different and very complex.

The NSW Building Professionals Board says he approached property owners without being solicited and gave the impression that he was associated with the local authority – two charges he denies. However he admits to making administrate errors including being late in forwarding a copy of the notice to the local authority, and not including all the required information under the  Swimming Pool Act on the notices.

He questioned through the NCAT whether his conduct was of a sufficiently serious nature to justify the board’s determination, seeing that the faults were administrative errors. NCAT confirmed the seriousness of the offences and confirmed the $15,000 fine imposed.

He is currently awaiting a payment plan from the board to cover the fine, and is able to continue operating.

Prior to the hearing at NCAT he had undertaken the Accredited Certifier Swimming Pool Certification course, as determined by the board.

A full copy of the case can viewed here.

Certifier resources

Building Professionals Act
The definition of unsatisfactory professional conduct as can be found in the Building Professionals Act. In summary, the Act defines unsatisfactory professional conduct as falling short of the ‘standard of competence, diligence and integrity that a member of the public is entitled to expect of a reasonably competent accredited certifier’.

Code of Conduct: a guide
The Building Professional Board Code of Conduct provides additional guidance for accredited certifiers.

Building Professionals Board Accreditation Scheme
The Scheme establishes the criteria to be met by any individual seeking a certificate of individual accreditation as an accredited certifier under the Act.

 



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