Pool owners have a legal obligation to ensure that their swimming and spa pools are fenced and gated in accordance with the Fencing of Swimming Pools Act 1987 and the Building Act 1991, and that the fencing is maintained or the pool remains empty.
Fencing
Under the law, the immediate area around a swimming pool and a spa pool must be enclosed by a fence at least 1.2m high, built of durable materials and able to stop a child up to the age of six from climbing over or under it.
A child drowning in an inadequately fenced pool is a crime
Swimming-pool fences that do not meet the requirements of the Act, can attract fines of up to $500. If a child drowns as a result of non-compliance by the owners of a pool, they can face fines of up to $200,000.00 and possible imprisonment.
Gates
The door or gate giving access to the pool area must open away from the pool and be self-closing. The self-latching gate must never be propped open.
French doors and windows
French doors and windows that open into the pool area must also be fitted with effective self-closers and devised to limit how far the windows can be opened.
Further information is available at: www.ccc.govt.nz/hazards/whyfencepools
May 2004
All information in this article is to the best of the author's knowledge true and accurate. No liability is assumed by the author for any losses suffered by any person relying directly or indirectly upon this material. It is recommended that you should consult a senior representative of Rotherhams before acting upon any information provided in this article.
