Fencing of Swimming Pools
What is the Fencing of Swimming Pools Act 1987?
A private swimming or spa pool is a significant asset for your home but can also be a deadly danger for small children. The Fencing of Swimming Pools Act 1987 requires owners to fence all private swimming pools and spa pools, to protect young children.
A private swimming or spa pool must be fenced unless:
- its maximum depth is 400mm or less; or
- its walls are 1.2 metres or more above the ground or the pool's surrounds. (There must be no permanent means of access and temporary steps must be removed after use.); or
- it is indoors.
Who does the Fencing of Swimming Pools Act 1987 apply to?
Anyone who owns a pool or has a pool on their property has responsibilities under the Act.
- Pool owners must advise Council if they have a pool or intend to get or build a pool.
- A building consent is required before constructing any type of pool or altering a fence around a pool.
- All pools must be fenced to the standard set out in the Act. If a pool is not fenced to this standard, the owner must ensure that the pool is kept empty.
- Anyone renting or leasing a house with a pool must ensure the pool is empty if it does not have a fence which complies with the Act.
- Council must take all reasonable steps to ensure compliance with the Act.
Where must the fence be built?
The fence must surround the pool and the area immediately around the pool. This area can only include things used in association with the pool - for example, a sunbathing deck or a changing shed.
What standard of fencing is required?
The Schedule to the Fencing of Swimming Pools Act 1987 sets out specifications which ensure that a swimming pool or spa pool fence will meet the requirements of the Building Code.
Can pool owners be exempted from the Act?
Pool owners can apply to Council for an exemption from the Act. Council can only grant an exemption or a special condition if this would not significantly increase danger to young children. In granting an exemption, Council may require the property or pool to meet certain conditions.
What happens if I use an unfenced pool?
Anyone who uses an unfenced pool commits an offence under the Act, and is liable to a fine.