Acceptable Solution feedback – pool safety

MBIE has begun seeking feedback on proposed new Acceptable Solutions following the changes made to residential pool barrier requirements by the Building (Pools) Amendment Act 2016, which takes effect at the start of 2017

The Act repeals the Fencing of Swimming Pools Act 1987 (FOSPA) and includes pool safety provisions under the Building Act 2004. It also creates new Building Code clause F9, which relates to residential pool barriers.

The main changes include:

• A compulsory nationwide requirement for all swimming pools to be inspected and certified every three years.
• A requirement on retailers and manufacturers to inform purchasers of their legal obligations for child safety.
• The introduction of new enforcement tools for Councils such as notices to fix and infringement notices.
• The removal of requirements for spa pools to be fenced; provided access to young children is restricted by having a lockable, child-resistant cover and they are at least 760mm above ground.
• The removal of requirements for pools to be fenced on all four sides if the access of children is adequately excluded.

The new law also explicitly excludes garden and drainage ponds from having to meet swimming pool fencing requirements. Overall the changes are expected to save 0.6 lives per year.

Proposed Acceptable Solution

MBIE is proposing to issue new Acceptable Solutions F9/AS1 Barriers for residential pools and F9/AS2 Covers for small heated pools.

Currently, Building Code clause F4 requires swimming pools to have barriers that restrict young children’s access. The main differences between the proposed Acceptable Solutions and the soon to expire means of compliance in the Schedule to FOSPA relate to:

• Safety covers for spas and hot tubs – the Building (Pools) Amendment Act provides that a safety cover can be used as a barrier. The proposed Acceptable Solutions contain specifications for safety covers
• Door alarms – the Building (Pools) Amendment Act provides for door alarms to be used to help ensure doors are kept closed. The proposed Acceptable Solutions contain specifications for door alarms
• Boundary fences – Acceptable Solutions are proposed for boundary fences, so that, if the fence is high enough, owners will not need to ensure the other side of the fence remains clear
• Doors that open toward a pool area – the proposed Acceptable Solutions would make doors that open towards a pool area acceptable if the door closer is strong enough to restrict access by a young child.

Consultation closes on 16 December 2016. View the proposed Acceptable Solutions and information on how to provide a submission on the MBIE Corporate website.