Issue Date: -
Friday, 11 August 2000
Aqua Technics pleaded guilty on Wednesday, to the charge brought by the Ministry of Fair Trading, of supplying a swimming pool incorporating an unsafe skimmer box.
The skimmer box was not installed according to the terms and conditions of a safety order issued by the Commissioner for Fair Trading, in October 1988.
The Ministry launched an investigation after a young boy aged 7, narrowly escaped death or serious injury after sitting on the non-compliant skimmer box. The quick actions of the owner, who turned off the pump, averted tragedy.
Commissioner for Fair Trading, Patrick Walker said the Ministry had conducted awareness campaigns to warn the public about the danger of skimmer boxes, part of the filtration system in pools.
"Swimming pool skimmer boxes that do not comply with current legal requirements or which are not installed properly can, and have, caused serious injury and death to young children."
"The skimmer box looks invitingly like a potty or seat to a young child and the extreme suction generated is enough to inflict injuries in a few seconds," Mr Walker said.
The product safety order was introduced after a young girl in the South West was disemboweled by a skimmer box during the 1980's.
Counsel for the defendant told the court that Aqua Technics had altered its own range of pools after the safety order was introduced in 1988.
The pool incorporating the non-compliant skimmer box was acquired from Sapphire Pools when they were bought out by Aqua Techniques.
The court heard that recently employed staff, who were unaware of the non-compliance, had installed the skimmer box and the incident was therefore a result of human error.
While the maximum penalty for installing an unsafe skimmer box is $100,000, Aqua Technics exercised its choice to have the charge dealt with by a Magistrate, who could only impose a maximum $6000.
Considering that the defendant had no previous record and had cooperated with the Ministry, Stipendiary Magistrate Burton imposed a $1000 fine with $224.50 costs.
Pools with skimmer boxes installed prior to October 1988 pose the highest risk of being non-compliant, however even skimmer boxes installed after 1988 must be checked for compliance.
Brochures detailing how to recognise and fix a non-compliant skimmer box are available from the Ministry of Fair Trading on 9244 1299.
Media inquiries:
Hayley Mayne
Tel: (08) 9282 0961
Mobile: 0409 118 982