Residential pool provisions of the Building Act 2004: Guidance for territorial authorities
This guidance aims to help territorial authorities to enforce the barrier requirement for residential pools.
Restricting access by young children to residential pools.
Clause F9 of the Building Code sets out requirements to restrict unsupervised access by children under 5 years of age to residential pools. It does this by requiring barriers around pools.
The barrier requirements apply to all residential pools that can hold 40cm (400mm) or more of water. This includes temporary, portable, inflatable and spa pools. Barriers can include gates and suitably constructed doors. Some small heated pools may have a removable cover rather than a surrounding barrier.
The Building Act requires residential pools to be inspected every three years by territorial authorities or independently qualified pool inspectors (IQPIs).
Read more about Independently qualified pool inspectors – poolinspectors.mbie.govt.nz
The Building Code is published in Schedule 1 of the Building Regulations 1992.
It includes objectives, functional requirements and performance criteria. These are mandatory provisions that all new building work must comply with.
Clause F9 — Means of restricting access to residential pools
Building Code F9 was introduced in 2017 when the Fencing of Swimming Pools Act was replaced by provisions in the Building Act 2004.
If you have questions or need guidance about your pool, contact your local council.
If you have any further questions: Contact us
F9/AS1 and F9/AS2 are the Ministry of Business, Innovation and Employment (MBIE)’s Acceptable Solutions. They provide ways to build pool barriers that comply with Building Code clause F9.
MBIE has historical versions of the code clause documents which can be located under 'Previous Versions' and 'Version History'. Alternatively if you cannot find the document you are looking for, you can send an email with the year and code clause you are after to info@building.govt.nz
Standards are frequently referred to in Acceptable Solutions and Verification Methods. They provide practical information and guidelines for building solutions.
Over 120 building standards used for Building Code compliance are now available for free download.
See the free standards relating to Code Clause F9.
All standards, including the funded ones, can be accessed through the Standards New Zealand website.
This Standard includes methods of assessing the strength of pool barriers. To use these methods to verify compliance with the New Zealand Building Code for residential pool barriers, they must be read in conjunction with Acceptable Solution F9/AS1.
New Zealand Standard NZS 8500:2006 Safety barriers and fences around swimming pools, spas and hot tubs
These documents are provided to assist building consent authorities, building owners, designers and persons who carry out building work.
Determinations are made by MBIE on matters of doubt or dispute to do with building work. Rulings are legally binding in relation to each case. Circumstances in one case may differ to others.
Prior to 1 January 2017, determinations about pool safety were issued relating to Building Code clause F4. These determinations provide some useful guidance for Building Code clause F9.
This information is published by the Ministry of Business, Innovation and Employment’s Chief Executive. It is a general guide only and, if used, does not relieve any person of the obligation to consider any matter to which the information relates according to the circumstances of the particular case. Expert advice may be required in specific circumstances. Where this information relates to assisting people:
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