Samuel Kostiuk permanently banned from holding certification licence after watchdog investigation
A private certifier who used a bizarre method to approve safety compliance checks on more than 150 suburban swimming pools has been handed a lifetime ban. See why here.
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A private certifier who used video conference calls rather than in-person inspections to approve safety compliance checks on more than 150 suburban swimming pools has been handed a lifetime ban from the profession.
Samuel Kostiuk will be permanently disqualified from holding a certification licence following an investigation by Fair Trading NSW.
Fair Trading NSW has alleged Mr Kostiuk conducted 151 swimming pool compliance inspections by using video conference calls, rather than being personally onsite to inspect swimming pools.
It is alleged the conduct was carried out over a four-year period from 2020.
In NSW, legislation requires swimming pools to have valid and current pool compliance certificates to ensure they meet key requirements such as adequate fencing and gate safety latches.
On at least four occasions in 2021, Fair Trading alleges Mr Kostiuk provided misinformation to former clients and misled them in relation to the law relating to certification work.
Fair Trading further alleged he created and dealt with false written notices of noncompliance and noncompliance certificates.
The disciplinary decision by Fair Trading alleged Mr Kostiuk fraudulently accepted payments from a client after claiming the client was able to apply for an extension to comply with regulations for swimming pools where no such extension was available.
Fair Trading stated Ms Kostiuk’s conduct was carried out in a manner that “was not in the public interest” and on Wednesday took the decision to permanently disqualify him from working as a certifier.
“(Ms Kostiuk) has engaged in improper or unethical conduct that indicates that the registered certifier is not a fit and proper person to carry out certification work,” Fair Trading stated.
“The certification work (has) fallen short of the standard of competence, diligence and integrity that a member of the public is entitled to expect of a reasonably competent registered certifier.”
The NSW Government certification register shows Mr Kostiuk has been registered as an accredited certifier since 2016.
He is registered with certification company iCertified to carry out pool safety certification checks on safety standards.
The Daily Telegraph contacted both Mr Kostiuk and iCertified for comment but did not receive responses at the time of publication.
The decision to permanently ban Mr Kostiuk is one of the heaviest penalties handed out to a private certifier since 2014, according to NSW Fair Trading’s disciplinary register, with only six other certifiers disqualified over the 10-year period.
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