Reminder for pool owners to meet new fencing rules

Swimming and spa pool owners in the Western Bay will face changes to pool fencing requirements when new rules come into force in the New Year. PHOTO/FILE

Swimming and spa pool owners in the Western Bay will face changes to pool fencing requirements when new rules come into force in the New Year.

The Fencing of Swimming Pools Act 1987 has been repealed and replaced with a new Act that sits within the Building Act 2004. This comes into force on January 1 after which Western Bay of Plenty District Council will be monitoring about 1300 registered pools in the district for compliance.

In a statement released this morning, council compliance and monitoring manager Alison Curtis said the council would initially undertake an awareness and education programme to inform pool owners of their responsibilities under the revised Act.

"The changes are purely to increase children's safety by helping make pools more child-proof," she said.

"Regular monitoring will place greater responsibility on pool owners to ensure fencing doesn't deteriorate and meets the rules."

The council plans to work with pool owners to get compliance, through education, and advice. Non-compliant pools will be issued with a notice to fix under the Building Act, failure to comply with a notice to fix can incur a Court fine of $5000.

''It is important to remember the requirements are to prevent drowning, and failure on the part of a pool owner to ensure the pool is secure could result in a death. This would result in greater penalties through the court if the property owner is found negligent.''

The main changes include mandatory three yearly inspections of pool fencing, allowing safety covers to be used as barriers for small heated pools and hot tubs in certain circumstances (as opposed to fencing), additional enforcement tools for councils to gain owner compliance, and compulsory fencing of swimming pools with water levels higher than 400mm.

Ms Curtis encouraged pool owners to contact the council so information on all requirements for fencing could be sent to them. The council will be setting up a monitoring programme and will be employing a designated pool compliance officer, although pool owners will be able to choose an independent qualified person.

Manufacturers and retailers of portable, stand-alone garden swimming pools will have to ensure the new fencing requirements are specified at point of sale.

Ms Curtis said poor compliance with the former Fencing of Swimming Pools Act 1987 prompted the rule changes.

Almost all drownings of children in residential pools in New Zealand are due to the pool fencing not complying with the Act. Prior to the first legislation in 1987 there was an average of 10 deaths a year in private swimming pools. This has now reduced to two a year.

Details of the requirements for pool owners are available at www.westernbay.govt.nz/swimming-pool-fencing.