Waivers and modifications of the requirements for residential pools


The Act provides territorial authorities the power to grant waivers or modifications of the requirements in section 162C of the Act for certain residential pools to have barriers. These powers allow for the exercise of judgement when dealing with unusual building compliance situations.

The requirement in the Act that certain residential pools must have barriers is mirrored in the Building Code. If it is appropriate to grant a waiver or modification of the requirements of the Building Code relating to residential pools, it is also necessary to also grant a waiver or modification of section 162C of the Act. 

The following are available on the Legislation website:

Building Code Clause F9.3.1 mirrors requirements in section 162C of the Act.

Section 67A of the Act gives territorial authorities powers to waive or modify the barrier requirements in section 162C of the Act.

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: