On 1 January 2017 The Building ( Pools ) Amendment Act 2016 came into effect, replacing the Fencing of Swimming Pools Act 1987.
Legislation relating to pool barriers and pool fencing is now contained in the Building Act 2004 (Building Code Clause F9 -Restricting access to residential pools).
The new pool safety legislation was passed by Parliament as a way to better protect children from drowning in residential swimming pools while giving councils more power to enforce safety requirements.
The new act provides performance standards for any new pools built after 1 January 2017. Any existing pools prior to 1 January 2017 are required to continue to comply with the regulations set out in the Fencing of Swimming Pools Act 1987.
Key aspects of the new legislation:
- residential swimming pools must be inspected every three years.
- safety covers will be able to be used as barriers for certain small heated pools.
- The legislation also applies to inflatable and temporary pools.
- The territorial authorities (councils) will have better tools to enforce barrier requirements, including notices to fix and infringement notices.
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