Building Control

Fencing Swimming Pools

The Fencing of Swimming Pools Act 1987

The Fencing of Swimming Pools Act 1987 is an Act of Parliament designed to promote the safety of young children by requiring almost all private swimming pools to be fenced.

When does the Act apply?

The Act has officially covered all pools since May 1988.  It is the owner's responsibility to ensure their pool and any area used for pool activities is fenced.  The fence must meet the requirements laid out in the Act.  These requirements are explained in simple terms below.  If you own a property on which there is a swimming pool it is your responsibility to ensure the pool is either fenced and the fence meets the requirements below, or the pool remains completely empty at all times.

Why is the Act necessary?

In 1978/89, 108 preschool children drowned in private swimming pools in New Zealand.  Eight out of ten of these children drowned in their parent's swimming pool or in the pool of a friend.  For every child who drowns, nine others are involved in serious near drowning accidents.  These accidents sometimes result in permanent brain damage.
Every parent knows it is impossible to watch a young child every minute of the day.  A fence which stops children getting near a swimming pool is the only way to prevent more children drowning.

Which pools must be fenced?

A pool must be fenced if:

• the rim of the pool is lower than 1.2m above ground level at any point and/or
• there is any permanent object closer than 1.2m to the side of the pool which a 6 year old child or younger could use to climb closer to the pool (this includes decking, steps, barbecues, fences, trees).
• it is deeper than 40cm.
• there is no one employed and present to supervise the pool in use and when not in use the pool is enclosed by a fence which meets the requirements below.
• it is anywhere other than totally enclosed in a building which is used mainly for other purposes, eg. a house.

If any of the above are not true, the pool is exempt and does not need to be fenced.

Note:
The fencing requirement also applies to spa pools if they meet all of the criteria above.

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What are the fencing requirements under the Act?

There are three things to consider when building or adjusting a pool fence: Size, Materials, Gates or Doors. If you can tick all of these boxes listed below, your fence meets the requirements under the Act and you will not have to make any adjustments.

Size

   The fence is at least 1.2m above the ground on the outside of
      the pool area.
   The fence is at least 1.2m above ground or away from any
      permanent object placed on the ground which a child could
      use to climb over the fence into the pool area, eg. deck, tree,
      barbecue.
   If the fence has openings larger than 10mm in its netting,
      bricks, mesh etc then it must be at least 1.8m high or 1.8m
      above the permanent object which could be used to climb
      over it.  Any openings must be smaller than 50mm (5cm).  If
      no such openings exist in the fence, tick the box.
   No clearance between the bottom of the fence and the
      ground is greater than 100mm.

Materials

   The whole fence is made of durable materials and is built to
      prevent any young children climbing over or crawling
      underneath from the outside.
   There are no gaps between any horizontal boards. If there
      are gaps, then the vertical poles, panels, or other posts are
      closer than 100mm (10cm) apart.
   The rough side of the fence, that is the supporting posts,
      bracing, etc is on the pool side, and cannot be used to climb
      in from the outside.
   All netting or mesh on the fence is firmly attached at both the
      top and bottom to a firm pipe or similar structure.

Gates and Doors

If the door or gate is in the wall of a building which forms part of the pool fence, it is the Council's decision as to whether it is suitable.  All such doors or gates must be fitted with a locking device which prevents the door from being opened by a young child.
 
   All gates or doors open outwards away from the pool area.
   All gates or doors are robust so that when lifted up or pulled
      down:
          - the latching device stays secure.
          - the gate or doors stays on its hinges.
          - the ground clearance remains below 100mm (10cm).
   All have latching devices which, if on the outside, are 1.5m or
      more above ground.  If on the inside of the fence, the latch
      and any hole cut to reach it, are at least 1.2m above ground.
   Are self-closing, securing the latch.

Notes:

1. Pool covers, pool alarms, buoys, poles and ropes do not prevent preschoolers from getting into the water.
2. You must fence your pool whether you have children or not.
3. Effects on the appearance of your property will almost certainly not be taken into account if you apply for an exemption.

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Contact the Council

The Council will assist pool owners in the City to fulfil their obligations under the Act.

Please do not hesitate to contact our Building Inspectors regarding the requirements relating to the fencing of swimming pools.