Pool owners or people in possession of properties with pools, including for example, occupiers and tenants as well, all have responsibilities under the Act.
Q. Does my existing pool need to be fenced?
Yes, all pools must comply with the Act no matter when they were installed.
Q. Do I need a consent to build a pool fence?
Yes, Building advisory staff at Central Hawke's Bay District Council can provide help and advise on this.
Q. When is a house a pool fence?
The walls of a house (or another building on the property) can form part of a pool fence providing it meets certain conditions.
Q. Can a building form part of the fence?
Buildings can form part of the fence but have to meet certain requirements in the Act.
Q. Can pool owners be exempted from the fencing of swimming pools act?
Pool owners can apply to the Council for an exemption from the Act. The Council can grant exemptions from the Act or specify certain conditions that the pool or the property must meet, if it is satisfied the exemptions or conditions would not significantly increase danger to young children.
Q. What pools must be fenced?
All private pools, including spa pools, must be fenced unless exempted under Section 5 of the Act or specifically exempted by a territorial authority under Section 6.
Immediate pool area should not contain any of the following:
Play Area and Equipment
Garage, Carport or Vehicle Access
The Whole Back Yard
Hinged Doors Giving Access to Pool Area
Closes and latches automatically
Latch/handle minimum of 1.5m from bottom of door
No devices to enable the door to be held open
Sliding/Bifold Doors Giving Access to Pool Area
Latch or locking bolt, at a minimum of 1.5m from the floor
Windows Giving Access to Pool Area Closer Than 1.2m From The Floor
Should be fitted with a limiter to prevent them opening more than 100mm
1.2m high from outside ground level or any permanent projection within 1.2m
Gaps under fence less than 100mm
Mesh size no more than 10mm - fence must be at least 1.2m high
Mesh size no more than 50mm - fence must be at least 1.8m high
Picket fence gaps no wider than 100mm
No climb points on outside of fence e.g. seating etc.
Latch on outside of gate to be 1.5m high
Latch on pool side to be 1.2m high
To open away from pool
To be self closing and self latching
Must have a complying fence or an approved lockable cover
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