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Moving towards a single council The councils in the Auckland region have been working cooperatively to move smoothly to the new Auckland Council on 1 November 2010. That cooperation has helped us standardise Building Consent online information and produce a single set of associated forms. You can use these forms now at any local government organisation in the Auckland area. The Fencing of Swimming Pools Act 1987 is designed to protect young children from the dangers of unfenced swimming pools and requires owners to fence their pools. A swimming pool is any excavation, structure or product that is used or is capable of being used for swimming, wading, paddling or bathing. This includes spa pools. Frequently Asked Questions Do I have to tell Council if I'm having a Swimming Pool put in? Why do I have to fence my swimming pool and/or spa? Do swimming pools require a Building Consent? What happens if I have an unfenced pool? How do I get a Building Consent? Can I put a deck around my swimming pool? Does my swimming pool require fencing? Does my existing pool need to be fenced? How far away does the fence have to be located? Can a building form part of a pool fence? An Information Brochure: A Guide to Swimming Pools in Papakura is available here. Further information on Pool Fencing Guidelines and Pool Safety Resources can be found here. An interactive Swimming Pool poster is available here.
Do I have to tell the Council if I’m having a swimming pool put in? Yes, you do. Swimming pool owners must advise the Council that they have a pool on their property or when they are intending to get one.
Why do I have to fence my swimming pool and/or spa? To reduce the danger of drowning for toddlers and young children. Statistics show that private swimming pools are the single most significant water hazard for pre-school children.
Do swimming pools require a Building Consent? Yes, they do. All swimming pools and spas require a Consent regardless of capacity. All pools over 400mm in depth that are intended to be used for swimming, wading, paddling or bathing must be fenced to the minimum standard set out in the Act. If a pool is not fenced to this standard, the owner must ensure that it is kept empty until it does. People renting or leasing a property must also ensure the pool is kept empty, if the fence is non-complying.
What happens if I have an unfenced pool? Any person that fails to comply with the Act without reasonable cause commits an offence and may be prosecuted. Criminal charges can be brought against any person in control of a property where a child drowns due to an inadequately fenced pool.
How do I get a Building Consent? You must submit three site plans (drawn to scale) to the Council, which must show accurately the proposed location of the pool and distances from boundaries and other buildings. You will need the details of the pool's construction and design, including cross sections showing the ground contour adjacent to the pool. All relevant manufacturers’ details/specifications should also be attached to your submission. All existing buildings and fencing should be marked on the site plan together with any positions of existing storm or sewerage drains. The details of fencing should be sufficient to demonstrate that the fence will comply with the Fencing of Swimming Pools Act 1987.
Can I put a deck around my swimming pool? As a general guide, if your deck is:
Does my swimming pool require fencing? Yes it does, if your pool has the capability of a water depth greater than 400mm (or 16 inches). Your swimming pool will not require fencing where the:
Does my existing pool need to be fenced? Yes it does. All pools, no matter when they were built, are required to be fenced.
How far away does the fence have to be located? The most important factor is the location of the fence in relation to the rest of the property. Your fence should prevent young children from moving directly to the pool from the house, other buildings, garden paths or other areas of the property normally available to them. The fence must only surround the pool and its immediate area. The “immediate pool area” can include such things as:
The fence cannot include:
A boundary fence can form part of the pool fence if it complies with the requirements of the Act, but on its own it isn’t sufficient, because there are areas on any property that cannot be part of the “immediate pool area”. If you rely on a boundary fence as part of the pool fence, then you will need to reach agreement with your neighbour(s) to ensure that their side of the fence is kept clear. Trees, outdoor furniture and garden structures such as trellis, can cause the fence to fall out compliance.
Can a building form part of a pool fence? Yes, however this is often not the safest option. When the pool is very close to a building it may be impractical or impossible to fence it off from building. Providing certain requirements are met, it is possible to comply with the Act.
Yes, you can. Application for exemption should be made to the Council. The Council may only grant an exemption if it is satisfied that the circumstances will not increase the danger to young children. This may apply to spa pools when a rigid lockable cover is fitted.
What are standards required under the Act?
Perforated materials
Horizontal cladding Fences with spaced horizontal boards, no matter how high, do not comply because a ladder effect is created. This type of fence must have the gaps filled in so that no footholds remain (or the boards are positioned to run vertically).
Trees and Hedges Trees and hedges are not in themselves legal barriers as they may be climbable. Where hedges are involved, you should ask for an inspection and ruling from the Council’s Swimming Pool Safety Officer and have approval put in writing for your own protection. Hedges along boundaries between properties are definitely not recommended. Any trees that are within 1200mm of the pool fence have branches that overhang it, must be removed, cut back or rendered non-climbable.
For further information, please contact the Regulatory Services Unit at Papakura District Council on 295 1300, or visit the Council offices at 35 Coles Crescent, Papakura between the hours of 8.00am to 5.00pm Monday to Friday.
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