Making safety a priority Brett Fitzmaurice, PoolSafe Inspections

Making safety a priority

Brett Fitzmaurice | PoolSafe Inspections Victoria

How and when did you get into pool barrier inspecting?

My background is working with local government. I finished my academic qualifications and went to work for Melbourne City Council for 5 years, then at Banyule City council for a further 5 years. My experience with the building inspection industry has been about 15 years. Building surveying, inspections, permits with council, audits, prosecutions and taking people to task on legal structures. That was more with Banyule council. When the wall collapsed in the city of Melbourne, we did the audits on that incident. Mostly high-risk work.

With swimming pools, I first came into that via an auditing program. I was part of a team of 7 or 8 initially. Banyule council didn’t want the risk of pool audits back then and didn’t want to get involved. I always knew I wanted to start my own business, so in 2015 I registered PoolSafe Inspections Victoria while I was still working for Banyule council. I used the time to do my research and I saw what was happening in QLD. At the start, I thought what was happening in QLD with their pool barrier regulations was great. I thought that the rules would change down here too.

When the Andrew Plint story came out of QLD, it really tugged at my heartstrings. Knowing how easily toddler drownings can happen, I wanted to get involved. We were failing 99% of audits, and I knew our system had to change. The old building regulations only referenced Building Regulations 1220 ‘The homeowner must maintain their barrier at all times. 50 penalty units’. We could apply enforcement but there was no obligation. So properties would switch hands all the time and people would lease properties out, but there was really no onus on the owner. They were left to do what they wanted and they didn’t understand the dangers. You could sell a house and six months later a toddler moves in and it’s no longer safe, so I didn’t think that was good enough.

When I started, I planned to build up my business on the side. Any money I earned, I put back into the business.

It wasn’t until 2017 when journalist Kate Ashley-Griffiths from the Leader newspaper contacted me after finding me via my very basic website. She asked me if I’d like to get involved in her pool safety campaign. We organised to meet up at a property in Hurstbridge and do a photo shoot about pool barrier safety, then the next day Neil Mitchell called me, then Channel 9 news got on board and did a segment. It really snowballed from there. Then DELWP got involved and it all grew from there. I still feature these articles on my website.

What certification/ credentials do you have?

I’m a registered INU with the VBA and I have an advanced diploma of building surveying.

What do you like about the pool and spa industry?

I like how its very large but its quite closely knit, especially through the Association. From your pool installer to your pool cleaner, everyone ties in together. For a specialised market, having an Association means that everyone is held under professional account. The building industry is far more broad, whereas the pool and spa industry is smaller and more unique.

What changes have you seen over the years?

I’ve seen the pool barrier laws change recently of course, but other than that, there is far more liability and accountability these days. When I came into the industry, it was regulated, but much more relaxed.

Regulations are being enforced much more heavily. People are fearful of doing the wrong thing now, which wasn’t always the case. Our industry is certainly becoming more regulated and people’s skill sets are being held to account more. In QLD they have every trade registered and I think that’s the way to go.

An example of a non-compliant barrier

Compliance achieved at Freshwater Place, Melbourne.

You were a great supporter of our ‘mandatory barrier inspection campaign’. How do you think the new regulations will affect our industry?

I think it will affect the industry in that it will make the industry better and safer, now and into the future. The pools that are built today will still be safe in 20 years. Now they are being built on permits and building work is more official. I also think it will create jobs and more work in our industry.

Do you have anything to say about the new pool barrier inspector course written by the VBA?

My concern is the amount of qualified inspections required to be completed as part of the training. It is very complex. For the people that want to do the course, they may get to the end of the assessment and the VBA may throw their application out because they don’t have the background experience. When I worked with the council, it took years to work out the different requirements for each different standards and regulation, so there is a lot to it that people don’t always understand. The number of inspections performed before they go out on their own is the issue.

My other concern is, will the VBA just rubber stamp a lot of applicants so that they can fill the numbers? We’ve never had this before. This is a very relaxed category of building inspector. Relaxing it and pushing it through to get the numbers up is my concern. If you’ve done the three day QLD course, you can make an application in Victoria to be an inspector here. I know of someone who was approved down here because we didn’t have a course here yet. We’re auditing the four different standards here in Victoria. There are a lot of people getting through without having a true understanding of what the real requirements are. There is such a lot more involved. What is the ultimate outcome and worst case scenario here? Litigation from neardrownings and fatal drownings obviously. They will need to be able to demonstrate at least six months of experience and sit the test. A lot of people ask me why I do such risky work, signing off on safety barriers and the consequences that can come from that. I think people are not realising the seriousness of the qualification. This new system is mandatory and regulated. If I get to be involved with the training course that SPASAVIC hopes to run, I’ll certainly be explaining all this to trainees.

Do you have any career highlights?

Definitely having been an advocate and campaigner with a good friend of mine Jenette Gage is something I am proud of. I haven’t shied away from that.

Also the day I got registered was one I’m very proud of. Achieving the studies was hard, so it was such a validating moment.

What’s the worst job you’ve ever inspected?

A rental property in Northcote once had 13 non-compliant items. The mother showed me how her young daughter could fit through a 140mm gap in the fence and get into the pool. I couldn’t believe a child could fit through a gap so small. The worst ones are where there are no barriers at all. Up until 2010, you could access the pool directly from the house. Those older laws still need to be signed off under our current system. One good thing is that we’re not failing as many items per inspection these days.

Geographically, my market is grandparents. Most people have improved their barrier over the years and have independently made it safe. The council don’t have a record of it, but they have chosen to be responsible even when they weren’t required to be by law. Most people understand the responsibility now, especially once children or grandchildren come along.

A lot of people try to argue with me about barrier laws for rivers, dams and oceans but I don’t even enter into the conversation any more. A body of water 30mm or deeper, designed for swimming, is required to be fenced. I’ve banked all my responses over the years! One that stands out is that the Local Council is just making money from this - they’re not! They just have the responsibility to manage the register.

Pool barriers are still not required to be certified prior to sale or lease in Victoria yet, unlike in QLD, but conveyancers are requiring it now and so are the banks, which I think is great.

Where do you see the Victorian industry heading in the future?

I see the industry growing and I see so many new pools going in. The fibreglass pool market has made it cheaper for people to own a pool. Now with safer barriers too, I can see the marketplace growing. I can also see standard fence heights changing from 1.2m to 1.5m over the next few years. We’re all getting taller. Children may be getting taller earlier too. I think the Australian Standard may change and they may put it up by 300mm. Let’s wait and see.