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FAQsNgā Pātai e Kaha Whiua Ana

Do you have a pool and are wondering what you responsibilities are under the The Building (Pools) Amendment Act 2016? Here are answers to some common queries.

Swimming Pools Questions

Q. Does my pool require fencing?

If your pool has a depth greater than 400mm then it is required to be fenced in accordance with the Act. If in doubt please contact council. View swimming pool fencing checklist.

Q. Who is responsible?

Pool owners or people in possession of properties with pools, including for example, occupiers and tenants as well as Napier City, all have responsibilities under the Act.

Q. Does my existing pool need to be fenced?

Yes, all pools must comply with the Act no matter when they were installed.

Q. Do I need a consent to build a pool fence?

Yes, Building advisory staff at the Napier City Council can provide help and advise on this.

Q. When is a house a pool fence?

The walls of a house (or another building on the property) can form part of a pool fence providing it meets certain conditions. View swimming pool fence diagrams.

Q. Can a building form part of the fence?

Buildings can form part of the fence but have to meet certain requirements in the Act. View swimming pool fence diagrams.

Q. Can pool owners be exempted from the fencing of swimming pools act?

Pool owners can apply to the Council for an exemption from the Act. The Council can grant exemptions from the Act or specify certain conditions that the pool or the property must meet, if it is satisfied the exemptions or conditions would not significantly increase danger to young children.

Q. What pools must be fenced?

All private pools, including spa pools, must be fenced unless exempted under Section 5 of the Act or specifically exempted by a territorial authority under Section 6.

Q. What standard of fencing is required?

The Schedule sets out a standard which is an acceptable solution for pool fencing under the New Zealand Building Code. Other means of fencing can also be acceptable providing it meets the performance objectives of the New Zealand Building Code to at least the same extent or better than the schedule. This is to ensure that all pool fences are of a standard which will be able to protect young children from the pool. Before constructing a pool fence please ensure that it meets the requirements.


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