Swimming Pool Fencing
The Fencing of Swimming Pools Act 1987 was introduced to protect young children from the dangers of unfenced swimming pools. The Act sets out the types of fencing you need to have around your pool.
It is a requirement that all spa pools, hot tubs and swimming pools in our district are registered. Many will also need a building consent in order to comply with the Building Act.
Private swimming pools are the single most significant water hazard for pre-school children. Studies in New Zealand and overseas have shown that most drownings are amongst the children of pool owners and visitors, rather than wandering children. Therefore, a boundary fence is not a satisfactory safety measure – the immediate pool area needs to be fenced.
Who does the Act apply to?
Pool Owner’s Obligations
You need a building consent before constructing any type of pool or building or altering a fence around a pool. If a pool is not fenced to the standard set out in the Fencing of Swimming Pools Act, you must keep it empty. [However an empty pool that could allow a fall of one metre or greater (to the bottom of the pool) must have barriers erected to ensure safety from falling, in order to comply with the Building Act. Details can be obtained from the New Zealand Building Code, Clause F4 – Safety from Falling]. Pool owners must advise Council that they have a pool on their property.
Tenant’s Obligations
If you rent/lease a house with an unfenced pool (or that has a pool with a non-complying fence), the pool must stay empty.
Hastings District Council’s Obligations
We have to take all reasonable steps to make sure the Act is complied with. This means every pool has to be inspected to ensure the fencing complies with the Act and that it is checked regularly to ensure it continues to comply. For this reason, Council has a three-yearly inspection programme in place.
Unfenced pools
If you use an unfenced pool, you are committing an offence under the Act and are liable for prosecution. A number of prosecutions have recently been taken against owners of properties with inadequately fenced pools, in which children have drowned.
What pools need to be fenced?
All private swimming pools need to be fenced unless:
- The maximum depth is 400 mm or less.
- The walls of the pool are 1.2 metres or more above the ground with no steps up, hand holds or projections enabling a child to climb.
- The pool is indoors (conditions apply, please check with us).
What standard of fencing is required?
Before constructing a pool fence, you will require a building consent. The Fencing of Swimming Pools Act sets out the standard of fencing required in a schedule for means of compliance - please ensure the proposed fence will conform to this schedule.
All materials and components must be of a durable nature and be erected to prevent young children from climbing over or crawling under or through the fence from the outside.
If using a boundary fence as part of your pool fencing, you need to regularly ensure that the neighbouring side is free from climbing objects.
Review of pool standards
A New Zealand Standard (NZS8500:2006) provides a range of pool fencing options and introduces layers of protection to many existing pools. It is intended that this standard will replace schedule 1 of the Fencing of Swimming Pools Act 1987 and it may be applied retrospectively to all pools in New Zealand.
Since this standard was prepared, the Department of Building and Housing has initiated a review of the existing pool fencing legislation and standards. It is therefore not yet known for certain whether the 2006 standard will be adopted as a replacement to the current standards.
While not currently enforceable, you are encouraged and advised to construct your fence in accordance with this standard to reduce the impact this may have on your pool and surrounds if it is introduced.
Refer to A Pool Owner’s Guide to Fencing your Swimming and Spa Pool for a comprehensive list of technical information.
- A Pool Owner’s Guide to Fencing your Swimming and Spa Pool
For a copy of the New Zealand Standard (NZS8500:2006) please contact Standards New Zealand.
- Standards New Zealand website
Exemptions from the Act
Council has the discretion to grant exemptions to the Act if the danger to young children will not be significantly increased. Please contact the Swimming Pool Safety Officer should you think this is a possibility.
Contact
Before you commit to any plans for purchasing or constructing a pool, please contact the Swimming Pool Safety Officer to discuss your proposal fully so that we can help you avoid any unforeseen problems.
johngs@hdc.govt.nz or phone 06 871 5000 ext 5356, fax 06 878 0515.
Swimming Pool Safety Officer
Hastings District Council
Private Bag 9002
Hastings 4156
