The Fencing of Swimming Pools Act 1987

Is Fencing Compulsory?

Swimming pools and spa pools have since 1987 been required by law to be fenced. The Fencing of Swimming Pools Act 1987 was written to promote the safety of young children, and covers both swimming pools and spa pools. It was a direct response to 129 needless deaths of young children.

 It is up to all pool owners to ensure that their pool fencing is up to the standard required by the Act and which is now contained within the Building Code. All pools that are built or installed are required to be legally fenced from the time that they are first filled, or even partly filled, with water:

Are Any Pools Exempt?

Pools which have side walls at least 1.2 metres (4 feet) above the ground, and which do not have a permanent ladder or any other kind of projection, do not have to be fenced. Neither do paddling pools with less than 400 mm (15 inches) of water. All other pools must be fenced.

Who Is Responsible for fencing?

The owner of every pool is responsible for making sure it is fenced in accordance with the Act. The owner is also responsible for the cost of the fencing. This also includes pools which are located within properties that are rented under the Residential Tenancies Act 1986. If, however, a pool is on a leased property [i.e. one which is not subject to the Residential Tenancies Act] the fencing is the responsibility of the lessee [the person who takes on the lease].

Who Administers the Act?

The District Council is responsible for administering the Act within the District.

The law requires that every pool owner must notify the Council of the existence of their pool and that anyone intending to build or install a pool should notify the council before that building or installation takes place.

 If you think that your pool is not covered by the fencing act for any reason, you should apply to the council for a special exemption. Exemptions can he allowed in situations when the particular characteristics of the property and the pool mean that the danger to young children is not significantly increased. If you are in doubt about exemption conditions, you should obtain a copy of the Act, or make inquiries from the Council. An application for exemption to the council should be accompanied by an application fee.

What Happens if a Pool Is Not Fenced?

Pool owners can be fined up to $500, and a daily fine of up to $50 per day thereafter if they fail to fence their pool to the standard required by the Act. A court can also order that a pool be kept empty until the fencing is improved.

Who Would Know?

District Council officers can enter your property at any reasonable time if they believe you have a pool that it is not fenced and not exempt as required by the Act. They can also apply for a warrant to enter your premises if this is essential to make a pool inspection.

What Sort Of Fencing Is Required?

Pool fencing must be at least 1.2 metres (4 feet) above the ground. It must also be 1.2 metres above any permanently placed object on the ground which is within 1.2 metres of the fence. In addition, if the fence is made of a perforated material, mesh or netting material and any openings in that material are more than l0mm (almost half an inch) the fence should be at least 1.8 metres (5 feet 11 inches) above the ground.

 There should be no openings in perforated material bigger than 50 mm (2 inches). All perforated materials should be firmly anchored to a rail at top and bottom. Polypropylene and other flexible material fences are acceptable if they meet the other criteria.

 The bottom of the fence should be no more than l00 mm (4 inches) above the ground and there should not be any gaps of more than lO0 mm (4 inches] between boards over the fence area.

It should be designed to stop any young children from climbing over or under the fence. All supports, posts etc should be on the inside of the fencing. This will help to prevent children from climbing into the pool area.

 Gates in pool fencing must open outwards ‑ away from the pool area. There must be nothing that could block the pool fence gate and no way of leaving it in the open position. The bottom of the gate should be no more than l00 mm (4 inches) above the ground, and gates must also meet the same criteria for fences.

 Each gate or door should have a self-latching device that is at least 1.2 metres (4 feet) off the ground, or 1.5 metres (4 feet 11 inches) above the ground if it is on the outside of the fence. Gates and doors must be self closing from either a stationary position or from as close as 150 mm from the closed position.

How much needs to be fenced?

The Act requires that the pool and some or all of the immediate pool area must be fenced. The term “immediate pool area” is a complicated issue and further advice on this may be obtained from the Council. Areas that will usually be included within this definition include associated decking and changing rooms. Further information on this is available within the Department of Internal Affairs Guidelines booklet. [Click here to see a copy]

What If...?

If you aren't certain about your pool fencing. Download the booklet above or contact the District Council for advice.

Remember... this law was made to save lives. One of them could be a member of your family.