Plain language law

New Zealand law explained for everyone

 Plain Language Law homepage
Back to
450A: Transitional and savings provision for residential pools
or “This law explains how old rules for pool fences can still be used to make sure pools are safe.”
You could also call this:

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

This law is about residential pools that were built before 1 January 2017. These are called ‘existing pools’. If you have an existing pool, there are two ways it can be considered safe:

The first way is if the pool barriers followed the old rules from the Fencing of Swimming Pools Act 1987 just before 1 January 2017, and they still follow those rules now. This includes any special permissions (called exemptions) that were given under the old law.

The second way is if your pool meets all of these conditions:

The outside walls of the pool are made so that they’re hard to climb. The top of the pool walls are at least 1.2 metres higher than the ground around it, any permanent structures within 1.2 metres of the pool, and any objects that might be placed within 1.2 metres of the pool. If there’s a ladder or other way to get into the pool, you can easily remove it or make it unusable, and you do this whenever the pool isn’t being used.

If your existing pool meets either of these sets of rules, it’s considered to comply with section 162C of the Building Act 2004.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

Next up: 451: Chief executive must review building code

or “The boss of building rules must check if they're good and easy to understand, then tell the government how to make them better.”
Next

Part 5 Miscellaneous provisions
Transitional provisions: Other transitional provisions

450BSavings provision for existing residential pools

  1. This section applies to a residential pool that was constructed, erected, or installed before 1 January 2017 (an existing pool).

  2. An existing pool is deemed to have barriers that comply with section 162C if the barriers—

  3. complied with the Schedule of the Fencing of Swimming Pools Act 1987 (as that schedule was in force) immediately before 1 January 2017; and
    1. continue to comply with those requirements subject to—
      1. any exemption that was granted under section 6 or clause 11 of the Schedule of that Act and that was subsisting immediately before 1 January 2017; and
        1. the conditions of any such exemption.

        2. Alternatively, an existing pool is deemed to comply with section 162C if all of the following apply:

        3. the outside surface of the side walls of the pool is constructed so as to inhibit climbing; and
          1. no part of the top of any side wall of the pool is less than 1.2 m above—
            1. the adjacent ground level; and
              1. any permanent projection from the ground outside of the pool and within 1.2 m of the walls of the pool; and
                1. any object standing on the ground outside of the pool and within 1.2 m of the walls of the pool; and
                2. any ladder or other means of access to the interior of the swimming pool—
                  1. can be readily removed or made inoperable; and
                    1. is removed or made inoperable whenever the pool is not intended to be in use.

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