Under the Building Act a swimming pool is considered a compliance issue and must meet the standards of the Building Code.  It’s always a good idea to talk to your council and to a pool contractor or building professional about the detailed regulations but we’ve found some of the things you need to be thinking about.

In general, a swimming pool fence must be a minimum of 1.2m high above the ground and a  minimum of 1.2m higher than any permanent structure or object which may be on the ground outside the pool area within the fence area. If however you choose to fence  with  netting, mesh or other similar type of material, and the holes or perforations are larger than 10mm in diameter, the minimum height of the fence is 1.8m. Unless the fence is close-boarded, or is made of netting, mesh or similar perforated material, vertical pales, posts or panels must be no more than 100mm apart.

There can be no more than 100mm between the bottom of the fence and the ground.

All the materials used must be sturdy and the fence must be built in such a way that a child aged 6 or under will not be able to climb over, squeeze through or crawl under from the outside. 

Any bracing, supports, wires, rails or rods which are not vertical must be positioned in such a way as to make them inaccessible for climbing from the outside.

In the event that a fence does have horizontal structures, such as bars, rods, wires or bracing, which are accessible from outside, they must be at least 900mm apart.

There must be no other support or structure (apart from a vertical rail) between them which might make climbing possible for a young child.

When using netting, mesh or similar perforated material, the openings must not be larger than 50mm. Netting, mesh or other perforated, non-rigid, fencing must be fitted to a solid support structure or frame, attached at the top and bottom and constructed in such a way that a child aged 6 or under would not be able to climb over,  crawl under, bend or break it down.

Gates and doors which provide access to pool areas are treated as fences and must be constructed to comply with the rules given above.  They should be mounted so they cannot open inwards towards the pool area.

There are no obstructions which could stop the gate closing and there must be no means of holding the gate open.

The gate or door catch will not release if it is pulled up or pushed down and the gate or door cannot be lifted off its hinges.  It is not possible to raise the gate or door so that the ground clearance is more than 100mm.

Every gate or door is fitted with an automatic closing device which will prevent it being left open either accidentally or deliberately.

All gates or doors are fitted with a latch.  If the latch is accessible from outside only, by reaching over the top or through a hole cut in the gate or door, the latch or bottom of the hole will be a minimum of 1.2m from the ground.  If the latch is on the outside of the gate or door, it must be a minimum of 1.5m from the ground.

In the case of doors in walls of buildings which form part of the ‘fence’ around a pool, even if the pool is not actually within the building, it may not be necessary for them to comply with the rules if the Council decides that compliance is not practicable.  In such a case, it is sufficient that the door is fitted with a locking device which would prevent a child of 6 years or under opening the door.

A pool which has the top of its sides a minimum of 1.2m above ground level or the level of any projection or object which is less than 1.2m from the sides of the pool or if the  outside walls of the pool are constructed so as to make climbing them impossible for a child aged 6 or under a fence may not be required if any external steps or ladders are easily removed, or made unusable, whenever the pool is unattended or not available for use. CHECK WITH YOUR CONTRACTOR AND COUNCIL.

Some  Councils may grant other exemptions on a case-by-case basis if they are satisfied that no increased risk of danger to young children would result – but don’t assume that is the case.  Such exemptions may be amended or revoked by the Council, by resolution.

The Council must be notified when an existing pool is filled, or partially filled, with water. In the case of a newly installed pool, the application for Building Consent will be considered sufficient notification.