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Building Act 2004

Building - Special provisions for residential pools

162C: Residential pools must have means of restricting access

You could also call this:

“Pools at home must have a fence to keep young children safe.”

If you have a pool at your home that is filled with water, it must have a barrier to stop young children from getting in. You need to make sure the barrier meets the building code rules that are in force or that were in force when the pool was built. The barrier is required to stop unsupervised children under 5 years old from accessing the pool.

If you have a small heated pool, the barrier only needs to restrict access when the pool is not being used. The owner of the pool, the pool operator, the land owner, and the person living in the property must make sure the pool has a proper barrier. This also includes the person buying the pool if it is under a hire purchase agreement, as defined in the Income Tax Act 2007, or the person leasing the pool or property, if the property is leased and not under the Residential Tenancies Act 1986.

You must follow these rules to keep young children safe around pools. The rules apply to all residential pools, and it is your responsibility to ensure your pool meets the requirements. You can check the building code rules to see what you need to do to comply.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7084102.

Topics:
Housing and property > Home safety and repairs Family and relationships > Children and parenting
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162B: Application of subpart, or

"This part tells us which pools need to follow special rules based on how deep they are."

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162D: Periodic inspections of residential pools, or

"The council checks home pools every three years to ensure they are safe."

Part 2 Building
Special provisions for residential pools

162CResidential pools must have means of restricting access

  1. Every residential pool that is filled or partly filled with water must have physical barriers that restrict access to the pool by unsupervised children under 5 years of age.

  2. The means of restricting access referred to in subsection (1) must comply with the requirements of the building code—

  3. that are in force; or
    1. that were in force when the pool was constructed, erected, or installed (after 1 September 1987) and in respect of which a building consent, code compliance certificate, or certificate of acceptance was issued (in relation to the means of restricting access to the pool).

      1. In the case of a small heated pool, the means of restricting access referred to in subsection (1) need only restrict access to the pool when the pool is not in use.

      2. The following persons must ensure compliance with this section:

      3. the owner of the pool:
        1. the pool operator:
          1. the owner of the land on which the pool is situated:
            1. the occupier of the property in or on which the pool is situated:
              1. if the pool is subject to a hire purchase agreement (as that term is defined in the Income Tax Act 2007), the purchaser of the pool:
                1. if the pool is on premises that are not subject to a tenancy under the Residential Tenancies Act 1986 but the pool is subject to a lease or is part of premises subject to a lease, the lessee of the pool or the premises.

                  Compare
                  • 1987 No 178 s 8
                  Notes
                  • Section 162C: inserted, on , by section 10 of the Building (Pools) Amendment Act 2016 (2016 No 71).