Building Act 2004, ss 67A, 162A-162E
Building (Pool Manufacturers and Retailers) Notice 2017
Building (Pools) Regulations 2016 - Form 1
The main aim of the pool fencing provisions in the Building Act 2004 is to prevent the drowning of children under five years of age. It achieves this by requiring physical barriers to restrict access. It primarily targets residential pools with a maximum depth of 400 millimeters or more. (note residential includes: a hotel, motel, inn, hostel, or boarding house, convalescent home, nursing home, or hospice, rest home or retirement village, camping grounds)
• New pool barriers must comply with F9 of the Building Code.
• Pool barriers approved under the old Fencing of Swimming Pools Act 1987 continue to comply with the code under which they were first approved.
Residential pools must be inspected every three years. This can be done by councils themselves or can be done by Independently Qualified Pool Inspectors (IQPIs). Spas - known as small, heated pools in the Act, also have requirements depending on size, height, and location.
Councils can also grant waivers under the Act so long as they are satisfied there is no significant increase in the danger to children. However, these are intended to be rare and can be difficult to obtain. Additionally, pool manufacturers and retailers are required to supply notices on any new products they sell in this space.
