Safety guidance for pool owners
All residential pools that can hold 40 cm (400 mm) or more of water must have a physical barrier to restrict access by unsupervised children. This includes temporary, portable, inflatable and spa pools.
If you own or are considering buying a pool, it is important to be aware of the pool safety legislation.
The rules are designed to protect young children from drowning.
Pools that require a pool barrier
Fence First, Fun Follows! Summer starts with pool safety.
Any pool or spa used for swimming, paddling, or bathing that can hold 40cm (400mm) or more of water, is required to have a physical barrier.
The barrier must restrict access to the pool by unsupervised children under 5 years of age.
Pools that must have barriers include:
- temporary, portable and inflatable pools
- in-ground and above ground pools
- indoor and outdoor pools
- spa pools and hot tubs
- inflatable spa pools and hot tubs.
This is not a complete list. Check with your local council if you are unsure whether your pool needs a barrier.
The barrier rules apply even if:
- the pool can hold 40cm or more of water but is not filled to that level
- the pool is only used for a short time
- there are no children living at the property.
Pool barriers can be:
- fences
- walls
- parts of buildings
- gates
- doors.
All barriers must meet the requirements of Building Code clause F9.
Some pools have additional or different requirements
The requirements above apply to all pools. However, some types of pools have additional requirements or may be able to use a different type of barrier.
Above ground pools
There are some situations where the walls of an above ground pool can form the barrier. To do this, the outside walls of the pool must be at least 120cm (1200mm) high and meet other barrier requirements. These are explained in acceptable solution F9/AS1 section 2.3.1.
Acceptable solutions F9/AS1 and F9/AS2
However, barriers are still required around:
- ladders or other means of accessing the pool
- pumps, pipes and compression straps on pools or other features that could be used to climb into the pool.
A building consent is required for these barriers.
Spa pools
Some small, heated pools, such as spa pools, can use a removable safety cover rather than a surrounding barrier.
To do this, the pool must have:
- a water surface area of 5m2 or less
- side walls that are at least 76cm (760mm) high above the adjacent floor
- side walls that cannot be easily climbed.
The safety cover must have signage indicating its child safety features, and must:
- restrict entry of children under 5 years of age when closed
- withstand a foreseeable load
- be readily returned to the closed position.
Check if your pool meets the requirements for a "small heated pool":
Means of restricting access to small heated pools
The installation of a safety cover for a small heated pool is covered under Schedule 1 (Building work for which building consent not required) of the Building Act. This means it will not require a building consent.
Acceptable solution F9/AS2 contains information about when safety covers may be used.
Acceptable solutions F9/AS1 and F9/AS2
Larger spa pools, or spa pools that do not meet all the requirements for a small heated pool, will require a barrier.
Why barriers are important
Research shows that pool barriers help reduce drownings of children aged under 5 in home pools.
Drownings can happen quickly and silently, and babies and toddlers can drown in as little as 4cm of water.
Many drownings happen when children visit other people’s homes, which is why pool barrier requirements apply even if children do not live at the property.
Barrier requirements
Pool barriers must comply with Building Code clause F9.
Requirements cover things such as:
- barrier height and design
- the size of gaps in the barrier
- how gates and doors must operate.
F9 Restricting access to residential pools
Acceptable solutions to meet barrier requirements
The Ministry of Business, Innovation and Employment (MBIE) has published 2 acceptable solutions that provide ways of constructing pool barriers that are deemed to comply with the requirements of Building Code clause F9:
- F9/AS1 covers pool barriers such as fences, gates, doors and building walls.
- F9/AS2 sets out the requirements for covers to small, heated pools.
Acceptable solutions F9/AS1 and F9/AS2
Barriers require a building consent
You must obtain a building consent before installing a pool barrier, even if the pool itself is temporary.
The only exception is for a safety cover for a small heated pool, which is exempt from needing a building consent.
Check if you need a consent using MBIE's Can I Build It tool – canibuildit.govt.nz
Find information on the building consent process
For information about applying for a building consent contact your local council.
Mandatory inspections every 3 years
Check your pool fence or barrier is compliant, so it stops unsupervised children under 5 from accessing the pool area.
Residential pools must be inspected every 3 years.
These mandatory inspections do not apply to small heated pools, such as spa pools and hot tubs, where the barrier is a safety cover that complies with the Building Code (or complied with the Building Code at the time it was installed).
Pool owners can choose who carries out the mandatory inspection of their pool – either the council or an independently qualified pool inspector (IQPI).
An IQPI is a person accepted by MBIE as qualified to carry out these inspections.
Trading Standards' Independently Qualified Pool Inspectors has more information – poolinspectors.mbie.govt.nz
In addition to 3 yearly inspections, councils can inspect any residential pool at any time, including small, heated pools, to determine whether the pool barrier requirements are being complied with. This includes inflatable, portable and temporary pools and small heated pools.
Each council keeps a record of all the pools in its district.
Use the pool barrier inspection checklist to see if your current pool barrier meets requirements.
What happens if requirements are not met
The Building Act sets out several offences and penalties for non-compliance with the residential pool barrier requirements.
Councils are responsible for enforcing the pool barrier requirements.
Councils can issue a notice to fix a non-complying pool. People who fail to comply with the notice to fix could receive an infringement notice or face prosecution. The fines for convictions can be as much as $20,000 for individuals, and $60,000 for body corporates.
Further information
The Can I Build It tool helps you find out if you need a building consent – canibuildit.govt.nz
If you have questions or need guidance about your pool, please contact your local council.
All guidance related to F9 Restricting access to residential pools