Pool Owner Responsibilities
(Requirements for Fences under Fencing of Swimming Pool Act 1987)
All owners are required by law to inform Council of the existence of a pool.
The pool and the immediate pool area must be fenced. Pool owners must construct and maintain a fence, which meets the standards set out below. The house is not considered part of the immediate pool area. Generally a 3 to 4m area around the pool is considered to be the immediate pool area.
Pools must remain empty if they do not comply with the Act.
Under the Building Act 2004 the owner of a pool/property must apply to the Council for a Building consent when:
- Installing a new pool complex
- Constructing a fence around a pool
- Altering an existing pool complex
What pools must be fenced?
The Act applies to all pools that are considered to be a hazard for young children under the age of six. All pools must be fenced including spa pools, unless:
- The maximum depth is 400mm or less
- The walls of the pool are 1.2m or more above the pool surround
- The pool is indoors
For more information relating to Pool Fencing, you can contact Corinne Hamlin at Wairoa District Council Offices, and on (06) 838 7309.
Pool Fencing Standards
The fence shall extend:
- At least 1.2 metres above the ground on the outside of the fence; and
- At least 1.2 metres above any permanent projection from an object permanently placed on the ground outside and within 1.2 metres of the fence.
Ground Clearance
- Any clearance between the bottom of the fence and ground level shall not exceed 100 mm.
Materials
- All materials and components shall be of a durable nature and shall be erected so as to inhibit any person from climbing over or crawling under the fence from the outside.
Except where the fence is horizontally close-boarded or is made of perforated material, netting or mesh, the spacing between adjacent vertical pales, panels or other posts shall not exceed 100 mm at any point.
All fencing supports, rails, rods and wires, that are not vertical, and all bracing that is not vertical shall be inaccessible for use for climbing from the outside.
A fence may have horizontal supports, rails, rods, or wires, that are accessible for use for climbing from the outside, and horizontal bracing that is accessible for such use, if:
- The distance between and 2 of them at any point is at least 900 mm; &
- There is no other support, rail, rod, wire, or bracing (other than a vertical rail) between the same 2 at any point.
Where any perforated material, netting or mesh is used, no opening in that material, netting or mesh shall have any dimension (other than the circumference or perimeter) greater than 50 mm.
All perforated material, netting, or mesh material shall be firmly attached at both top and bottom to a rail, pipe, or similar firm structure, or otherwise be of such a nature that the fence cannot readily be crossed by children under the age of 6 years.
Gates and Doors
Every gate or door shall be so mounted that:
- It cannot open inwards towards the immediate pool area
- It is clear of any obstruction that could hold the gate or door open and no other means of holding the gate or door open is provided
- When lifted up or pulled down, the gate or door does not release the latching device, come off its hinges, or provide a ground clearance greater than 100mm.
Operation of Gates and Doors
- Every gate or door shall be fitted with a latching device.
- Where the latching device is accessible from the outside of the fence only by reaching over the fence, gate, or door or through a hole in the fence, gate, or door, the latching device and the lower point of any hole giving access to it shall be at least 1.2 metres above the ground on the outside of the fence.
Where the latching device is otherwise accessible from the outside of the fence, gate or door, the latching device shall be at least 1.5 metres above the ground on the outside of the fence. Every gate or door shall be fitted with a device that will automatically return the gate or door to the closed position and operate the latching device when the gate or door is stationary and 150 mm from the closed and secured position.
Doors in Walls of Buildings
- Where any building forms part of a fence and the pool is not contained within the building, any door that gives access to the immediate pool area need not comply with the requirements for gates or doors set out, to the extent (if any) that the Wairoa District Council is satisfied that such compliance is impossible, unreasonable, or in breath of any other Act, regulation, or bylaw, and the door is fitted with a locking device that, when properly operated prevents the door from being readily opened by children under the age of 6 years.
