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 (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, then 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.

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, then
      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.
4. The 'immediate pool area' could include the pool, its decking, and any changing sheds, but not a
   vegetable garden, a clothes-line, a barbecue area, a children's sand-pit, or a slide or swing. The
   most important factor is the location of the fence in relation to the rest of the property. The fence
   should prevent young children moving directly to the pool from the house, other buildings, garden
   paths, or other areas of the property normally open to them.

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.