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Building Act 2004

Miscellaneous provisions - Transitional provisions - Other transitional provisions

450A: Transitional and savings provision for residential pools

You could also call this:

“This law explains how old rules for pool fences can still be used to make sure pools are safe.”

If you have a residential pool, you can follow the old rules for fencing it. These rules were in place before 1 January 2017. If you follow these rules, your pool fence will meet the building code requirements.

The old rules for fencing are still okay to use. They work the same way as if the head of the building department had approved them.

When we talk about fences for pools, we mean any barrier that keeps people out of the pool area. This can include parts of buildings, gates, or doors. The fence is there to stop people from getting to the pool when they shouldn’t.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7084178.

Topics:
Housing and property > Home safety and repairs
Government and voting > Local councils
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450: When territorial authority may and must act as building consent authority during transition to this Act, or

“ This law explains when local councils can approve building plans while they get ready for new rules. ”

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450B: Savings provision for existing residential pools, or

“ Rules for older home swimming pools to keep them safe ”

Part 5 Miscellaneous provisions
Transitional provisions: Other transitional provisions

450ATransitional and savings provision for residential pools

  1. Fencing of a residential pool in accordance with clauses 1 to 10 of the Schedule of the Fencing of Swimming Pools Act 1987 (as that schedule was in force immediately before 1 January 2017) is an acceptable solution for establishing compliance with the building code for the purpose of section 162C.

  2. Sections 22(2) and (3), 23, 24, and 25A apply to the acceptable solution in subsection (1) as if it had been issued by the chief executive under section 22(1) of this Act.

  3. In this section and the Schedule of the Fencing of Swimming Pools Act 1987,—

    fence includes any part of a building, and any gate or door, that forms part of a fence

      fencing means any barrier or barriers used to enclose a pool (or an immediate pool area) so as to restrict or prevent access to the pool.

      Notes
      • Section 450A: inserted, on , by section 17 of the Building (Pools) Amendment Act 2016 (2016 No 71).