Fencing of Swimming Pools Act 1987

The Fencing of Swimming Pools Act 1987 was introduced to help keep children safe around swimming pools and spa pools. It sets out clearly the types of fencing you need to have around your pools. For example, lockable lids on spa pools do not constitute or subsitute for proper fencing.

A private swimming pool is a great asset for your home, but the combination of a child's natural attraction to water and an unfenced swimming pool, however large or small, can be fatal.

There were 11 drowning deaths in the 0 - 4 years age group in 2007, with the home pool being the most prevalent site for this age group.

It only takes a moment for a small child to get to an unfenced pool and fall in and very little time for them to drown. Even if they survive, a couple of minutes of oxygen deprivation can be enough to cause brain damage.

Who does the Act apply to?

Pool owners

You need a building consent before constructing any type of pool or altering a fence around a pool. If a pool is not fenced to the standard set out in the Act, you must keep it empty.

Tenants

If you rent or lease a house with an unfenced pool, the pool must stay empty.

The DCC

We have to take all reasonable steps to make sure the Act is complied with.

Unfenced pools

If you use an unfenced pool, you are committing an offence under the Act, and are liable to a fine. Criminal proceedings were recently taken against the tenants of a property with an unfenced pool in which a small child drowned. Both tenants were convicted and had to pay substantial fines.

Exemptions

You can apply to us for an exemption from the Act. We will specify the conditions that your pool or property must meet. We can only grant an exemption or a special condition if it will not significantly increase danger to young children.

Last reviewed: 25 Sep 2008 5:12pm