1. Where Must The Fence Be Situated?
The fence must only surround the pool and the area immediately around the pool. This area can only include things used in association with the pool, for example, changing sheds and pool decking.
The fence should be situated so as to prevent children moving directly from the house, other buildings, garden paths or other areas of the property that would normally be available to young children.
2. Is A Boundary Fence Sufficient?
No - on its own, a secure boundary fence is not sufficient. It would not comply with the Act. ".......the fencing of properties only, and not pools, is not an effective means of preventing pre-school drownings."
However, part of the boundary fence may often be used to form one or more sides of the immediate pool area providing it meets the requirements of the Act.
You would need to ensure that agreement is reached with your neighbour(s) that they will keep their side of the fence clear, particularly ensuring that any trees with climbable limbs are removed and any shed or structures are not within a distance of 1.2 metres from the outside of the fence.
Because of the fact this may not be wholly under your control, the best and most permanent solution is to erect purpose built fencing around the immediate pool area only.
3. Can A Building Form Part Of A Fence?
Buildings can form part of the fence but have to meet certain requirements of the Act.
4. What Happens If I Use An Unfenced Pool?
Any person who uses an unfenced pools commits an offence under the Act and is liable to a fine. Criminal proceedings were recently taken against tenants of a property with an unfenced pool in which a small child drowned. Both tenants were convicted and required to pay substantial fines.
5. Who Is Responsible Under The Act?
Pool and spa pool owners, people with pools on their property, including tenants, and Council all have duties under the Act.
Pool owners must tell Council that they have a pool. Those intending to install a pool must also inform Council; a Building Consent is required before constructing any pool and may also be required if altering a fence around a pool.
All pools must be fenced to the standard set in the Act.
If a pool is not fenced to the standard, the owner must ensure that the pool is kept empty or with a maximum depth of 400mm of water.
Those renting or leasing a house with a pool must also ensure that the pool is kept empty if the pool fence does not comply with the Act.
6. Are There Any Exceptions?
All private swimming pools and spa pools must be fenced unless:
7. What About An Existing Pool?
There are still existing pools which were built prior to the Act coming into force. These were often protected only by the boundary fence.
The Act requires that all pools must be fenced to the standard set by it.