Pool fencing and barriers
If you own or are considering buying a pool, you need to know the rules around fencing and barriers. The rules are designed to protect young children from the danger of drowning.
Information on this page is designed to help you understand your safety responsibilities as a pool owner and help you be prepared for an inspection.
Why pools need to be fenced
A private swimming or spa pool is a significant asset for the home. It becomes the centre of activities in summer; the place for the family to sit around in the evenings or when friends come over for a BBQ. A place to relax, or even to talk business in relaxed surroundings.
Sadly it can also be a deadly danger for small children and a significant number of toddlers have drowned in private swimming and spa pools.
Although you may not have small children or grandchildren yourself, perhaps the children of relatives or friends may visit you. (Often, the children who drown in private pools live on or are invited visitors to the property).
Anyone with practical experience of minding children, knows it is not possible to constantly supervise small children. Even the most careful parent may become distracted from time to time. Sufficient time for a small child to get to and fall into an unfenced or unsecured pool. Even if a toddler is saved from drowning, the outcome is not always a happy one. If a child's brain is deprived of oxygen for only a few minutes, the child can suffer moderate to severe damage.
These scenarios can bee almost entirely be avoided by adequate fencing. The Building Act 2004 is the relevant law that requires your pool to be fenced.
Note that pools built prior to the Act coming into force still need to comply with the current law.
Who is responsible for ensuring pool barriers comply
Pool owners, and people, including tenants, with pools on their property, all have duties under the Act. Pool owners must tell the Council if they have a pool or are intending to get or build a pool. A building consent is required and fencing around 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.
Persons renting or leasing a house with a pool must ensure the pool is empty if it does not have fencing that complies with the Act. If a pool is kept empty, barriers must be erected to prevent falling.
Council is required to take all reasonable steps to make sure that the Act is complied with.
Where is fencing needed?
The pool safety barrier/fence may only surround the pool and the area immediately around the pool. This is the space around your pool that’s used for pool-related activities such as swimming, sunbathing, or having a BBQ nearby. It may include a pump shed, change rooms, decking or paving, pool furniture and a barbecue/dining area.
The pool area should not be a thoroughfare, provide access to other outbuildings, or accommodate other outdoor activities such as a clothesline, vegetable gardens or children's play equipment.
Does my pool need safety barriers?
If your pool has a water depth of 400mm or more, it must have safety barriers.
Safety barriers aren't needed:
- if the pool sits above ground with smooth vertical walls 1.2m or more high, with no permanent steps or objects that would let a small child climb into the pool.
- if people are employed specifically to supervise the pool when it's in use, and the entire pool facility is locked at all other times.
- if the pool is less than 400mm deep (such as a shallow paddling pool or an empty swimming pool). A responsible adult should supervise the use of paddling pools at all times. You should also note that if the empty pool has a fall of more than one metre you will need to comply with another part of the Building code - clause F4.
More information Clause F4 Safety from falling
The specifics of pool fencing/barrier requirements
What sort of barrier does my pool need?
Pool safety barriers must fully enclose the pool area and should prevent young children from moving directly into the pool area from the house, other buildings, gardens or other parts of the property.
A boundary fence may act as an effective pool safety barrier, providing it meets legislative requirements. There must be nothing on the neighbour's side, such as stored materials, close horizontal toe holds etc. that a small child could use to scale the barrier.
The fence must:
- Be a minimum height of 1200mm high at every point of the outside of the fence and must
- Not be climbable. Any perforated material (trellis, mesh or netting) must have gaps no wider than 10mm if the fence is 1200mm high, or gaps no wider than 35mm if the fence is 1800mm high.
Any horizontal supports on the outside of the fence must be at least 900mm apart (top to top).
The fence must be at least 1200mm higher than any permanent climbable object or protrusion that is within 1200mm of the fence.
There must be no space greater than 100mm between the fence pickets, panels or under the fence.
Please see NZ Standards 8500:2006
What standard of fencing is required?
Pool fences must meet the standard required by the Act. This requires existing pools to be fenced to the specifications of NZ Standard 8500:2006. A new fence or alterations to an existing fence must meet the performance standard of the Building Code and F9/AS1 and F9/AS2.
If your fence complies with the 1987 Fencing of Pools Act, then it will comply with the new legislation, meaning the fence must:
- Have a minimum height of 1.2 metres
- Have no holes where a child could get through
- No more than a 100mm gap between the bottom of the fence/gate and the ground
- Use gates and doors which open away from the pool.
- The gates need to be self-shutting and latching from 150mm when opened
- Not have any objects within 1.2 metres from the swimming pool fence boundary, which a young child could use to gain access to the pool area e.g. overhanging trees
- Windows which open within the pool fence or wall area and are less than 120mm from the ground, can only open a maximum of 100mm.
What are the rules with gates and doors?
Any gates and doors need to open away from the pool. Every gate needs to be fitted with a self-closing and self-latching device that closes and latches from any open position.
The outside latches must be at least 1500mm above the ground and the inside latch must not be accessible by reaching through the gate unless the hole in the gate is at a minimum height of 1200mm above the ground/finished floor level measured outside the pool area.
There must be no object near the gate that could hold it open.
What if my pool is right next to a building?
The wall of a building may form part of the fence if it complies with the Building Act 2004 as amended.
Any doors that provide direct access to the pool must be self-closing and self-latching, and must be fitted with a locking device at least 1500mm from floor level or an approved alarm.
Doors cannot be fitted with any device that can hold them open.
Windows lower than 1200mm from the inside floor must be fitted with limiters that prevent the windows opening more than 100mm.
The pool area cannot include such things as a clothes line, play equipment or a vegetable garden.
A secure boundary fence is not, on its own, sufficient. It would not comply with the Act. However, subject to strict conditions, part of a boundary fence may be used as a part of a pool fence.
If a boundary fence is made use of, there is a danger that a neighbour may unwittingly make the fence unsafe. For example, the neighbour may stack timber against the fence so that it becomes easy for a child to climb over the pool area.
Pool inspections
Council are required to inspect pool fencing at least once every three years. Inspections take place during normal business hours.
An officer will inspect the barriers around the pool to make sure they comply with the Building Act 2004 (the Act). A checksheet will be completed and photos taken as evidence of compliance or non-compliance with the Act.
- If the pool passes the inspection: you will receive a letter advising compliance and the next inspection date will be set for three years' time.
- If the inspection fails: we will send you a copy of the checksheet outlining the non-compliant areas. A timeframe to complete the required work to make the pool barriers compliant will be included in the letter. A further inspection will be required to sign off the pool.
There will be a fee at the current rate charged for inspections.
- Swimming pools: Under the legislation, we are required to undertake regular inspections of pools. Even if your swimming pool barriers have been inspected and deemed compliant, we need to inspect again every three years.
- Spa pools (small heated pools): The legislation no longer requires spa pools to be fenced. Spa pools can use lockable lids as a barrier as long as they comply with the relevant criteria.We are not required to periodically inspect spa pools or small heated pools providing they have a lockable lid that has been inspected by us and deemed compliant with the specified criteria.
For more info see: Ministry of Building, Innovation and Employment: Safety covers for small heated pools
Home checklist for pool fencing inspection
If you have an upcoming swimming pool fencing inspection or just want to make sure your pool is compliant and safe, we recommend using our checklist to do a self-audit:
Independently qualified pool inspectors
As an alternative to the Territorial Authority completing the three yearly pool inspection, owners can engage an independently qualified pool inspector (IQPI) to complete their pool inspection.
If you choose to use a pool inspector, you can use the ministries Pool inspector public register to find an IQPI in your area. If one isn't available in your area, your local territorial authority will have to carry out the inspection.
Building (Pools) Regulations 2016 on the Legislation website sets out the ‘certificate of periodic inspection’.
Independently qualified pool inspectors on Trading Standards’ pool inspector website has more information.
