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Swimming Pools
The Fencing of Swimming
Pools Act 1987 is designed to protect young children from the dangers of
unfenced swimming pools and requires owners to fence their pools.
What is a Swimming Pool?
A
swimming pool is any excavation, structure or product that is used or is
capable of being used for swimming, wading, paddling or bathing. This
includes spa pools.
Do I have to tell Council if I'm having a Swimming Pool put in?
Why do I
have to fence my swimming pool and/or spa?
Do swimming
pools require a Building Consent?
What happens if I
have an unfenced pool?
How do I get a Building
Consent?
Can I put a deck
around my swimming pool?
Does my swimming pool
require fencing?
Does my existing pool
need to be fenced?
How far away
does the fence have to be located?
Is a boundary fence enough?
Can a building form
part of a pool fence?
Can I apply for exemption?
Technical Information
Further Information
An Information Brochure: A
Guide to Swimming Pools in Papakura is available
here.
Further information on Pool Fencing Guidelines and Pool Safety Resources
can be found
here.
An interactive Swimming Pool
poster is available
here.
 To
view PDFs download Acrobat Reader from the
Adobe website.
Do I have to tell the Council if I’m having a swimming pool put in?
Yes, you
do. Swimming pool owners must advise the Council that they have a pool
on their property or when they are intending to get one.
Why do I
have to fence my swimming pool and/or spa?
To reduce
the danger of drowning for toddlers and young children. Statistics show
that private swimming pools are the single most significant water hazard
for pre-school children.
Do swimming pools
require a Building Consent?
Yes, they
do. All swimming pools and spas require a Consent regardless of
capacity. All pools over 400mm in depth that are intended to be used for
swimming, wading, paddling or bathing must be fenced to the minimum
standard set out in the Act.
If a pool
is not fenced to this standard, the owner must ensure that it is kept
empty until it does. People renting or leasing a property must also
ensure the pool is kept empty, if the fence is non-complying.
What happens if I have
an unfenced pool?
Any
person that fails to comply with the Act without reasonable cause
commits an offence and may be prosecuted. Criminal charges can be
brought against any person in control of a property where a child drowns
due to an inadequately fenced pool.
How do I get a Building
Consent?
You must
submit three site plans (drawn to scale) to the Council, which must show
accurately the proposed location of the pool and distances from
boundaries and other buildings. You will need the details of the pool's
construction and design, including cross sections showing the ground
contour adjacent to the pool. All relevant manufacturers’
details/specifications should also be attached to your submission.
All
existing buildings and fencing should be marked on the site plan
together with any positions of existing storm or sewerage drains. The
details of fencing should be sufficient to demonstrate that the fence
will comply with the Fencing of Swimming Pools Act 1987.
Can I put a deck
around my swimming pool?
As a
general guide, if your deck is:
-
under
1.0m no building consent will be required, but it must still comply
with the requirements of the Building Act 1991
-
over
1.0m a building consent will be required.
Does my swimming pool
require fencing?
Yes it
does, if your pool has the capability of a water depth greater than
400mm (or 16 inches).
Your
swimming pool will not require fencing where the:
-
maximum
depth of the water cannot exceed 400mm
-
pool
has smooth vertical sides that are at least 1200mm above ground level
with no climbable objects with 1200mm of the sides. Ladders must be
removable and stored safely away from the pool when not in use.
-
pool is
an indoor residential pool, or is inside a building that is mainly
used for purposes other than for the use of the pool, e.g. a spa pool
in the garage would be exempt.
Does my existing pool
need to be fenced?
Yes it
does. All pools, no matter when they were built, are required to be
fenced.
How far away
does the fence have to be located?
The most
important factor is the location of the fence in relation to the rest of
the property. Your fence should prevent young children from moving
directly to the pool from the house, other buildings, garden paths or
other areas of the property normally available to them.
The fence
must only surround the pool and its immediate area. The “immediate pool
area” can include such things as:
-
The
pool
-
Decking
-
Changing sheds
-
Pump
and filtration sheds
-
Feature
gardens, potted plants etc
-
Outdoor
or patio type furniture
-
Barbeque areas
The fence
cannot include:
Is a boundary fence enough?
A
boundary fence can form part of the pool fence if it complies with the
requirements of the Act, but on its own it isn’t sufficient, because
there are areas on any property that cannot be part of the “immediate
pool area”.
If you
rely on a boundary fence as part of the pool fence, then you will need
to reach agreement with your neighbour(s) to ensure that their side of
the fence is kept clear. Trees, outdoor furniture and garden structures
such as trellis, can cause the fence to fall out compliance.
Can a building form
part of a pool fence?
Yes,
however this is often not the safest option. When the pool is very close
to a building it may be impractical or impossible to fence it off from
building. Providing certain requirements are met, it is possible to
comply with the Act.
Can I apply for exemption?
Yes, you
can. Application for exemption should be made to the Council. The
Council may only grant an exemption if it is satisfied that the
circumstances will not increase the danger to young children. This may
apply to spa pools when a rigid lockable cover is fitted.
Technical Information
What are
standards required under the Act?
-
All
material and components must be durable and erected in a manner that
will inhibit any child under the age of 6 years gaining access to the
pool area from the outside.
-
The
fence must be at least 1200mm (1.2m) high at all points as measured
from the ground immediately on the outside of the fence.
-
The
1200mm rule also applies to how close any climbable object can be away
from the fence. If an object is within the 1200mm zone then the fence
must rise 1200mm above it.
-
Any
gaps under the fence or gate must not exceed 100mm.
-
Any
gaps between vertical palings, pickets, and posts must not exceed
100mm.
-
Any
horizontal supports, rails or rods that are accessible from the
outside must be 900mm apart at their closest point.
-
Any
projections such as in ornamental brick or stonework, must be 900mm
apart so that a “stepping stone” or “ladder” effect is not created.
Perforated materials
-
Perforated material such as wire mesh, netting and trellis must be
attached securely (top and bottom) to prevent children under the age
of 6 years from climbing through it.
-
If the
holes in the perforated material are 10mm or less then the fence needs
to be the minimum 1200mm high. When the holes are between 11mm – 50mm
then the fence must be a minimum of 1800mm in height. An opening of
more than 50mm is not permitted under circumstances.
Horizontal cladding
Fences
with spaced horizontal boards, no matter how high, do not comply because
a ladder effect is created. This type of fence must have the gaps filled
in so that no footholds remain (or the boards are positioned to run
vertically).
Trees and
Hedges
Trees and
hedges are not in themselves legal barriers as they may be climbable.
Where hedges are involved, you should ask for an inspection and ruling
from the Council’s Swimming Pool Safety Officer and have approval put in
writing for your own protection. Hedges along boundaries between
properties are definitely not recommended.
Any trees
that are within 1200mm of the pool fence have branches that overhang it,
must be removed, cut back or rendered non-climbable.
Further Information
For
further information, please contact the Regulatory Services Unit at
Papakura District Council on 295 1300, or visit the Council offices at
35 Coles Crescent, Papakura between the hours of 8.00am to 5.00pm Monday
to Friday.
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