New Swimming Pool Legislation

Property Law
Apr 03 2017

As we come out of winter and head into the warmer months, you may be looking to put the cover on the spa pool or fill up the swimming pool. However, before you dive in, have you checked that your pool is compliant with the Building (Pools) Amendment Act 2016?

Parliament has redrawn the line in the sand when it comes to safety around swimming pools. The new Building (Pools) Amendment Act 2016 came into force on 1 January 2017 and aims to ensure increased safety around swimming pools while taking a more pragmatic approach.

The Building (Pools) Amendment Act introduced several significant changes:

  • Residential swimming pools must be inspected every three years.
  • Safety covers are able to be used as barriers for spa pools and hot tubs.
  • Indoor pools requiring means of restricting access;
  • Councils will have better tools to enforce pool barrier requirements, including notices to fix and infringement notices.
  • Manufacturers of pools must ensure that pools supplied include a notice approved by Council, summarising the responsibilities of pool owners, operators and occupiers.
Fencing Requirements

All pools must have fencing at least 1200mm high at every point around the entire length of the outside of the fence. A boundary fence can be used as a pool fence, provided there is nothing on the neighbour’s side that could be used to scale the fence. Buildings may also form part of the barrier if they meet specific requirements, mostly relating to lockable doors and windows. All pool gates must only open outwards and swing away from the pool and self-close.

There are some exemptions to the fencing requirements, these include:

  • If the swimming pool sits above ground with vertical side walls that are a minimum 1200mm high; and
  • The depth of water in the pool is maintained at less than 400mm (such as a shallow paddling pool or an empty swimming pool).

Portable pools are treated the same as fixed pools, so if a paddling pool can hold water to a depth greater than 400mm it will require sufficient fencing. A building consent is required to install a pool fence.

Spa Pools

Spa pool owners will be happy to know they do not need to fence their spa pool or hot tub so long as:

  • The total water surface area is 5m2 or less;
  • The top surface of the spa pool is at least 760mm off the ground/decking;
  • The walls of the spa pool are non-climbable;
  • The spa pool has a cover that:
    • restricts the entry of children when closed (e.g. lockable lid);
    • is able to withstand a reasonable foreseeable load;
    • is able to readily be returned to the closed position; and
    • has signage indicating its child safety features.

Obviously, the cover will need to be closed and locked  when the spa pool or hot tub is not in use.

Indoor Pools

Indoor Pools are treated the same as outdoor pools in that access to the pool room must be restricted. This can be accomplished with locked doors that are self-closing or alarmed.

Inspections

Every territorial authority must ensure that residential pools are inspected at least once every three years, within six months before or after the pool’s anniversary date to ensure they have adequate fencing. Some councils may not have their own inspectors so instead are permitted to accept a certificate from an independently qualified pool inspector. Territorial authorities have the discretion to inspect pools at any time.

Enforcement

The consequences of not complying with the requirements can be costly. If a territorial authority inspects a pool and finds it is not complaint, they can issue a notice to fix. Should the notice to fix not be complied with, the territorial authority can then issue a fine not exceeding $5,000.

Residential swimming pools built before 1 January 2017 that were compliant with the fencing requirements of the old legislation (Schedule of the Fencing of Swimming Pools Act 1987) will continue to be compliant under the saving provisions of the new Act.

For pools built after 1 January 2017, the new Act offers increased options and guidance on fencing requirements.

Under the new Act, Pools with a maximum depth of water of 400mm or more that are filled or partly filled with water must have physical barriers that restrict access to the pool or the immediate pool area by unsupervised young children (ie. under 5 years of age). Inflatable padding pools may therefore require fencing.

In certain circumstances, buildings and boundary fences can be used are barriers if the strict criteria detailed under the new Act is met.  Gates and doors must also meet the strict criteria detailed under the new Act.

The pool’s fencing and potentially the pool itself will require building consent prior to construction – even if the pool is to be erected for a short period each season.

The Government is set to publish new Acceptable Solutions in April 2017 for compliance of residential pool barriers under the new Act so watch this space for further guidance.

If you require further information about fencing your pool or have received a notice to fix from your local council that you disagree with, or they have refused to issue a Code Compliance Certificate for your fence, you can make a complaint to the territorial authority or apply to the Ministry of Business Innovation and Employment for a determination of whether the fence is compliant.

We are experienced with these processes and finding solutions for pool owners. Please reach out to us at Holland Becket.

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