New pool safety legislation came into effect on 1 January 2017. Requirements for restricting access to residential pools has been moved to the Building Act 2004.

Key changes include:

  • A new requirement for mandatory inspections of swimming pools every three years
  • allowing safety covers to be used as barriers for spa pools and hot tubs
  • indoor pools now require a means of restricting access
  • introducing additional enforcement tools for territorial authorities, including notices to fix.

Southland District Council has a duty to ensure all pools (incl. portable pools) on residential properties are safe, and to provide advice and assistance to home owners to ensure pools meet the legislative safety requirements.

It is estimated that there are more than 60,000 in-ground swimming pools and 100,000 small heated pools in New Zealand, and quite a few of these are in the Southland District.

Swimming pools, spas, hot tubs and lap pools are great for recreational activity and relaxation, but they can also be extremely dangerous for small children. Sadly, every year families suffer a terrible loss through drowning in residential pools. On average, every year two children aged under five die from preventable drowning and more than 30 are hospitalised.

For full information on the requirements for the fences/barrier please view the New Zealand Building Code - Section F9 and read Guidance for pool owners.

Council’s role

Councils have a duty to ensure the safety of everyone within the District, and residential pools are part of the duty of care.

Under the Building Act 2004 Council, as a territorial authority, is directed to inspect all residential pools at least once every three years.

Council will endeavour to work with property owners to ensure pools comply but, if required, Council has the ability to issue a Notice to Fix and if further action is required infringements can be issued.

An important part of this process is to have your pool registered with Council. This is an easy process to complete by simply filling in the form at the bottom of this page.

Pool fences

Under the Building Act 2004, residential pools require a means of restricting access. Fences are the main means of restricting access to pools; the following information is an outline of the requirements they should meet.

You must obtain a building consent before installing a pool barrier (except for a safety cover for a small heated pool).

Fence around pool area

  • Not less than 1200mm in height and not angled more than 15° from vertical, and only sloped away from the pool
  • any horizontal rods, rails and/or wires forming part of the barrier must be 900mm apart vertically
  • no openings in the barrier greater than 100mm in diameter
  • steel mesh can be used as an alternative to solid panels but must not have openings any greater than 13mm
  • there shall be no ground features or objects outside the pool barrier within 1200mm of the top edge that can aid in climbing over the barrier
  • have no projections or indentations greater than 10mm on the outside of the pool barrier.

Boundary fences used as part of the pool fence

  • Not less than 1800mm high
  • have no openings greater than 100mm
  • be further than 1000mm horizontally from the water’s edge
  • have a 900mm high zone on the pool side of the barrier that begins not more than 150mm from the top and is constructed as specified in Building Code F9

Pool wall as part of the barrier

  • Not less than 1200mm in height and any ladder or other means of providing access to the pool shall have an enclosing barrier and gate
  • any horizontal rods, rails, wires forming part of the pool wall must be 900mm apart vertically
  • there shall be no ground features or objects outside the pool barrier within 1200mm of the top edge that can aid in climbing over the barrier
  • have no projections or indentations greater than 10mm on the outside of the pool barrier.

Gates in pool barriers

Gates are an important part of the safety of the barrier as they need to be able to prevent entry of children.

The following is an outline of the requirements that the gate needs:

The gate itself

  • Not less than 1200mm in height
  • not angled more than 15° from vertical, and only sloped away from the pool
  • any horizontal rods, rails and/or wires forming part of the barrier must be 900mm apart vertically
  • no openings in the barrier greater than 100mm in diameter
  • steel mesh can be used as an alternative solid panel but must not have openings any greater than 13mm
  • there shall be no ground features or objects outside the pool barrier within 1200mm of the top edge that can aid in climbing over the barrier
  • have no projections or indentations greater than 10mm on the surface.

The gate operation

  • Be hinged
  • open away from the pool
  • swing clear of any obstruction that might hold it open
  • self-closing device that will close the gate from any position
  • hinges will be arranged so gate will not open if lifted or pulled down
  • gap under gate less than 100mm
  • latch either 1500mm above ground or 150mm below on the pool side of gate
  • latch cannot be operated inserting an implement through any gaps.

Inspections

Pool owners can choose who undertakes the mandatory inspection of their pool – either the territorial authority, or an independently qualified pool inspector (IQPI). The IQPI is a person accepted by the Ministry of Business, Innovation and Employment (MBIE) as qualified to carry out periodic inspections.

Independently qualified pool inspectors on Trading Standards’ pool inspector website has more information.

In addition to three yearly inspections, territorial authorities also have discretion to inspect any residential pool at any time, including small heated pools, to determine whether the pool barrier requirements are being complied with.

For efficiency, Council inspectors will generally inspect all pools in a certain location on the same day/week. Council will endeavour to give you 72 hours’ notice of inspection, and you will be given a date and an approximate time for the inspection. 

You are not required to be there if the inspector can gain access to the pool area, but if the pool is inside or behind a locked gate you will need to be onsite to let the inspector have access.

If everything is compliant they will pass the pool inspection. If the pool is a small heated pool it will not require further inspections but the owner is responsible for maintaining the small heated pool to ensure it remains compliant. If it was a fence/barrier that was passed, it will go onto a list to be re-inspected every three years.

If the pool has not passed an inspection, a site notice will be issued outlining what needs to be rectified and, depending on the item, it may be resolved via an email or a follow-up inspection which could incur additional fees.

If, after a reasonable period of time, the issue has not been resolved, a Notice to Fix may be issued and if there is still no further action, infringements may be issued which could lead to further costs incurred.

The goal of the inspections is to ensure the safety of users in or around the pool and Council will help as best it can to help you make the pool safe. There is a charge for inspections of pools, please see our Schedule of Fees and Charges.

Read guidance here: Mandatory inspections every three years

Spas and hot tubs

Under the Building Act 2004, all pools require a means of restricting access.

Spas, hot tubs and any other small heated pool with a surface area of under 5m2 can have a different means of making the pool safe rather than a fence.

The following is an outline of these requirements:

  • Sides of the small heated pool
  • not less than 760mm in height
  • not angled more than 15° from vertical, and only sloped away from the pool
  • no external objects or projections within 760mm of the top edge that can aid climbing on top of the pool
  • have no projections or indentations greater than 10mm on the surface.

The cover:

  • Support 20kg in the centre of the cover
  • shall be sloped to prevent water from pooling on top
  • held in place with straps with lockable snap fasteners with a minimum width of 33mm
  • cover cannot be lifted more than 100mm when closed
  • warning signage displayed on two opposite sides of the cover.

Council has found that the warning signage is quite often the failing point for small heated pools. To help you comply, Council has printed suitable warning signage - please contact us if you would like us to send these out before your inspection, or talk to the inspector on the day of your inspection and they will be able to provide them.

Read guidance here: Restricting access small heated pools

Keeping children safe around pools

Tips and tricks

Children can be attracted to pools like magnets. Here are some tips and tricks to help prevent them from entering the area unsupervised and keep them safe:

  • At the end of the day, put away all toys and floats
  • never prop open the door to the pool area
  • use the pool area for swimming only
  • set clear rules for behaviour around the pool
  • have a plan for when ball, toys, objects get thrown into the pool area
  • explain why they can’t use the pool when they want to.

Register your pool or spa

Site information

Pool / spa type (required)