Fencing of Swimming Pools
The Building (Pools) Amendment Act 2016 came into effect 1 January 2017. It repeals the Fencing of Swimming Pools Act 1987 and includes new provisions in the Building Act 2004 relating to residential pools.
Homeowners, tenants, landlords and property managers carry joint responsibility for pool safety. Make sure your pool is always secure and ensure the safety regulations are met through regular maintenance of pool fences and gates.
Why you need to restrict access to your pool
The leading causes of children, aged five and younger, drowning or being injured in pools are:
• unsupervised access to pools through faulty gates and barriers
• ladders left against the pool and gates propped open
• small portable pools remaining full of water without supervision or a complying barrier.
Any portable or inflatable pool that can hold 400mm depth of water or more is required to have a barrier by law. Other portable pools like paddling pools should always be supervised and emptied after use.
All swimming pools in Central Otago should be on our pool register and must be inspected through a pool audit every 3 years. You can choose to have a pool audit carried out by the Council or an Independently Qualified Pool Inspector (IQPI).
You will need building consent before constructing any type of pool fence or altering a fence around a pool.
The new law no longer requires spa pools to be fenced. Spa pools will comply with the new law if they meet the following criteria:
• Access is restricted to young children by having a complying lockable child resistant cover.
• 760mm unclimbable sides.
• Water surface area of 5 square metres or less.
CODC has discretionary power to inspect any residential pool, including small heated pools, to determine whether the pool barrier requirements are being complied with.
CODC has new tools to enforce the pool barrier requirements and can issue a Notice to Fix for a non-compliant pool. Persons failing to comply with a Notice to Fix could receive an infringement notice or face prosecution
- Swimming and Spa Pool Requirement guide (PDF, 910KB)