Swimming Pools
For a guide (you can download and print) IS SPF Swimming Pool Fencing Information.pdf (PDF, 617KB) which contains further information about the brief explanations described below:
What is a pool?
A pool is described as being any excavation, structure or product that is used or is capable of being used for swimming, wading, paddling or bathing and includes spa pools.
What Consents / Compliances are necessary?
The construction of a swimming pool will require a Building Consent (this may be just for the pool itself, or details about the pool can be included within a larger consent such as for building a house including the pool)
A Resource Consent may be needed for some swimming pools depending upon where they are situated (and again may be included in a larger resource consent)
The pool should be fenced in accordance with the Fencing of Swimming Pools Act 1987 (FOSP). This applies to all existing pools irrespective of when they were built.
Are any pools exempt from fencing requirements?
There are basically four types of pool that the FOSP Act does not apply to:
- An above ground pool where the top of the side wall is no less than 1.2m above the ground or any permanent object.
- A structure or product where the maximum depth of water does not exceed 400mm.
- A pool that is wholly enclosed within a building that is principally used for purposes other than the use of the pool.
- A pool where people are employed to provide supervision while the pool is available for use and the pool is behind locked gates at other times.
Can I apply for a Special Exemption ?
There is a process available under the FOSP Act (sect 6) to apply for a special exemption if you don’t want to fully fence the pool. You need to demonstrate for your particular property and pool why the granting of this special exemption would not significantly increase danger to young children.
There is an application form to complete and submit to Lakes Environmental, and we will provide you with feedback about your application. We prepare a recommendation paper to go before the next scheduled Community Services Committee, and the Councillors on that committee will decide whether to grant or decline the application, including any appropriate conditions to be adhered to for the granted exemptions. There is a cost to process the application, and an annual inspection fee, which are detailed on the application form below.
Download Fencing of Swimming Pools Exemption application form (PDF, 131KB)
What about New Zealand Standard NZS8500:2006 ?
This standard provides guidance in relation to “Safety Barriers and Fences around Swimming Pools and Hot Tubs”. It has some very good information which represents the current best practice thinking from a number of NZ organisation dealing with water safety.
The standard has not been cited by legislation yet as an approved method of providing barriers fully in accordance with the FOSP Act. However our Council has adopted the standard as a reasonable basis upon which to rely for being granted a special exemption. It is recommended that this standard be followed, or at least used as a basis to compare an alternative proposal.
The complete standard is available from Standards New Zealand NZS 8500:2006 and it is recommended that pool designers are familiar with the full document.
To assist applicants, we have produced a small document which shows the main considerations from within the standard relating to compliant Swimming Pool and Spa Pool design and operation
Download NZS8500:2006 Extract (pdf 2MB)
Does my Pool get Inspected?
During construction and the granting of an special exemption – yes normal inspections are undertaken by the Building Officers to allow a Code Compliance certificate to be issued and an exemption (if needed).
It is important for property owners to realise that the on-going monitoring and maintenance of the fencing and protection measures for the pool are solely the property owners responsibility on a day-to-day basis. The initial inspections referred to above are merely a snapshot in time to indicate it is safe and compliant at that instant.
Special Exemption Inspections - a condition which is placed on all the special exemptions granted is that Council will inspect the pool annually to view whether the pool remains in a compliant state, and appears to be operated in accordance with the conditions granted.