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Inspecting residential pools

 

Residential pools must be inspected every 3 years

Territorial authorities are responsible for ensuring residential pools are inspected in a 3-year cycle to check whether they continue to comply with the Building Act. Periodic inspections do not apply to small heated pools with a safety cover that complies with the:

  • current requirements of the Building Code, or
  • requirements of the Building Code that were in effect when the cover was installed

An inspection is required every third anniversary of when the pool received its code compliance certificate. The inspection must occur, at the latest, 6 months after that anniversary.

An inspection may occur any time before the anniversary, for example in order to manage the overall inspection workload, or in response to a complaint about a pool.

The following are available on the Legislation website:

Section 162D of the Act requires pools to be periodically inspected.

Section 219 of the Act enables territorial authorities to charge owners for inspections.

Building Code Clause F9 sets out requirements for small heated pools with a cover as the barrier.

Examples of when inspections are due

For pools that received their code compliance certificate on 1 March 2020, the third anniversary is on 1 March 2023. An inspection must occur by 1 September 2023.

For pools that received their code compliance certificate on 1 March in any year before 2017, the third anniversary after 1 January 2017 is on 1 March 2019. An inspection must occur by 1 September 2019.

Independently qualified pool inspectors may carry out periodic inspections

Owners will be able to choose who carries out the periodic inspections of their pool: either an independently qualified pool inspector (IQPI) or their territorial authority.

MBIE is responsible for ensuring that IQPIs are competent so that territorial authorities can rely on inspections carried out by IQPIs. MBIE will assess persons who apply to be IQPIs, and regularly review their performance.

IQPIs will issue a ‘certificate of periodic inspection’ if a pool is compliant. If a territorial authority decides not to accept the certificate of periodic inspection, they must notify MBIE within seven days of that decision.

Building (Pools) Regulations 2016 on the Legislation website sets out the ‘certificate of periodic inspection’.

Independently qualified pool inspectors on Trading Standards’ pool inspector website has more information.

Pool barrier inspection check-sheets for territorial authorities and independently qualified pool inspectors (IQPIs)

Territorial authorities and IQPIs are responsible for ensuring that inspections and compliance decisions meet legislative requirements.

MBIE has developed these check-sheets in a template format to support councils and IQPIs in identifying the information that should be included in a residential pool barrier inspection report.

They are intended to support consistency, help territorial authorities and IQPIs assess residential pool barriers, and confirm compliance with the relevant requirements.

Before using these check-sheets

Inspectors should establish which compliance pathway applies to the barrier before an inspection. For example, a barrier consented and installed prior to 2017 will generally be assessed against the Fencing of Swimming Pools Act 1987 requirements.

Inspectors should review council records to identify any exemptions or waivers, confirm whether they still apply and note any conditions or expiry clauses. For example, some exemptions may only apply while the property remains under the same ownership.  Document these findings as part of the inspection process.

All inspections must be accurately documented in council records. 

If a barrier has been approved as an alternative solution, councils can use these templates to create a tailored check-sheet that reflects the specific consent documentation.

Download the templates:

Compliance pathway using F9/AS1 [PDF 454KB]

Compliance pathway using F9/AS2 [PDF 288KB]

Compliance pathway using Fencing of Swimming Pools Act (FOSPA) [PDF 387KB]

Contact

For any queries on these resources, email consentsystem@mbie.govt.nz

Territorial authorities may inspect pools whenever necessary

Territorial authorities may inspect any residential pool, including a small heated pool, whenever necessary, for example after receiving a complaint about a pool.

These inspections can occur regardless of whether a periodic inspection is due for that pool. 

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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: