If the house you’re planning to buy has a swimming pool or spa pool, it’s important to make sure that they comply with Building Code clause F9 (means of restricting access to residential pools). Otherwise, you may find yourself liable for the remedial work to bring them up to code.
New Zealand Law
Under New Zealand law, all swimming pools that can hold water at a depth of 400mm or more must have a suitable barrier that will stop children from gaining access.
The barrier must be around the immediate pool area, which is the space around the pool that people use for getting in and out, sunbathing, etc. The area cannot contain non-pool items like garden sheds or vegetable gardens.
For a barrier to comply with the building code, it must be at least 1.2 metres taller than the ground it sits on, non-climbable, and have no gaps exceeding 100mm in it or beneath it. It must have a gate that opens away from the pool area, automatically closes and latches from any degree of openness, and is fitted with a code-compliant latch. You should also ensure there are no trees nearby that could enable children to climb over the barrier.
If the property’s boundary fence forms part of the pool barrier, it must be 1.8 metres tall on the pool side and a metre away from the pool. The top of the fence must have a non-climbable area at least 90cm high that starts no more than 15cm from the top. These rules ensure that if children from the neighbouring property climb their side of the boundary fence, they cannot get down the side facing the pool.
If the house itself forms part of the pool barrier, you’ll need to check that any windows overlooking the pool area have latches that prevent them from opening more than 10cm. If a door opens onto the pool area, it must be a single door less than 1m wide. The door must be self-closing or alarmed to emit a sound if left open, and self-latching on the inside with the latch release at least 1.5 metres from the floor. Lastly, a sign reminding people to close the door should be easily visible.
For spa pools with a water surface area not exceeding five metres2 which are at least 76cm tall, a code-compliant cover is a sufficient barrier. The cover needs to be lockable with straps at least 33mm wide, have no gaps larger than 10cm, and be able to support the weight of a small child without collapsing. The side of the pool must not be climbable.
If you do purchase a property with a non-compliant pool or spa pool, you could be issued with a “notice to fix”. Failure to comply with the notice could result in a $5000 fine, prosecution and a criminal conviction.
As part of our thorough property inspection service, Innohome can tell you whether any pools and spa pools are legally fenced and protected. For peace of mind, get in touch today!
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