Article: Law & Finance
Fencing Of Swimming Pools with Katrina Simpson
Many people have (or dream of having) a swimming pool in their backyard. A swimming pool can transform a backyard into an entertainment venue where friends and family can come together. However the realities of having a pool can sometimes counteract the benefits of having one. While there is the obvious financial impact, both initial and ongoing, there are many legal aspects which current and prospective pool owners need to consider. One of the biggest issues is that of fencing.
Fencing Of Swimming Pools
The Fencing of Swimming Pools Act (“the Act”) places an obligation on swimming pool owners to ensure a pool is adequately fenced at all times. The Building Act 2004 also provides a code for the construction of new swimming pools and alterations to existing ones.
A swimming pool is defined in the Act as “an excavation, structure, or product that is used or is capable of being used for the purpose of swimming, wading, paddling, or bathing; and includes any such excavation, structure, or product, that is a spa pool”. This is a wide definition and the Act provides a number of ‘exemptions’ to clarify when a swimming pool is not covered by the Act. The simplest exemption for home-owners to measure is whether the maximum depth of the water exceeds 400mm. If it does, it is likely that you will need to comply with the Act. It can include some of the bigger blow-up pools available in retail stores.
Swimming pools covered by the Act need to comply with its provisions. A fence needs to be at least 1.2 metres high, and have no gaps greater than 100m. The gates must shut automatically, be self-latching, and open outwards.
The fence must be placed around the pool area, but can include things used with the pool (for example, a BBQ area). A fence around the whole backyard is unlikely to comply as the Act is designed to prevent young children from freely entering into a pool area.
It is the Whangarei District Council which has the statutory responsibility to undertake regular checks to ensure compliance of the fencing of Swimming Pools. A phone call to the Council can often clarify a question you may have. You should consider obtaining legal advice should you feel it necessary.
Other Issues
To ensure compliance with other legislation and regulations, and to be a responsible pool owner, you should also consider the following:
1. Are pool chemicals stored safely, and out of reach of children?
2. Is the area immediately around the pool covered by a non-slip surface?
3. Do you have a first aid kit readily available?
4. Are children using the pool adequately supervised?
Swimming pools can be a great addition to a property, and a lot of fun.
However, care needs to be taken. It is important for swimming pool owners to turn their minds to these important considerations to prevent accidents and possibly liability.
Katrina Simpson is a solicitor at Henderson Reeves Connell Rishworth Lawyers Limited. She can be contacted on 430 4350 or by email .(JavaScript must be enabled to view this email address)
