Swimming and Spa Pools
If you own or are considering buying a swimming pool or spa, it's important to understand the safety requirements that apply.
Residential pools that can hold water to a depth of 400 mm or more must have a physical barrier that restricts access by unsupervised children under five years of age. This includes permanent, portable, inflatable and temporary pools.
Pool barriers require a building consent. Different requirements can apply to some small heated pools, such as spa pools, where a compliant safety cover may be used as the barrier.
Council keeps a record of residential pools in the district. Pool barriers must generally be inspected every three years to ensure they continue to meet safety requirements.
Use the sections below to find information about pool barriers, building consents, inspections and your responsibilities as a pool owner.
What you need to know
A residential pool is an excavation, structure or product associated with a residence that is used, or capable of being used, for swimming, paddling or bathing.
Residential pools that can hold water to a depth of 400 mm or more are subject to pool barrier requirements.
A small heated pool, such as a spa pool or hot tub, is a heated pool with a water surface area of 5 m² or less.
The land in or on which the pool is situated and the surrounding area as is used for activities carried out in relation to or involving the pool.
Residential pools that can hold water to a depth of 400 mm or more must have a physical barrier that restricts access by unsupervised children under five years of age. Pools that cannot hold water to a depth of 400 mm do not require a pool barrier.
For some above-ground pools, the walls of the pool can form the required barrier if they are at least 1.2 m high and do not have features or nearby objects that could enable a child to climb them.
Any means of accessing the pool, such as a ladder, must also be appropriately restricted.
Small heated pools and spa pools
Safety covers can be the barrier that restricts access to a small heated pool, such as a spa pool, where:
- the water surface area is 5 m² or less
- the side walls of the pool are at least 760 mm high above the adjacent floor
- the side walls cannot be easily climbed.
A safety cover must have signage indicating its child safety features, and must be able to:
- restrict access by children under five years of age when closed
- withstand a foreseeable load
- be readily returned to the closed position.
A compliant safety cover for a small heated pool does not require a building consent, and the pool is not subject to the three-yearly inspection requirement.
Many inflatable spa pools require a separate barrier because they do not meet all of the requirements for a small heated pool with a compliant safety cover.
Waivers and modifications
In some circumstances, Council may grant a waiver or modification of the pool barrier requirements. Contact our Building Services team if you think this may apply to your pool.
Pool barrier requirements apply regardless of whether children live at the property. Young children may visit the property, so the barrier must restrict unsupervised access at all times.
Portable and inflatable pools are treated in the same way as other residential pools. They must have a barrier that restricts unsupervised access by young children if they can hold water to a depth of 400 mm or more and contain water, even if the pool is only partially filled.
Manufacturers and retailers of swimming pools and spa pools must provide information to buyers about their responsibilities.
If you have an existing pool or spa that was installed before 1 January 2017 and you're unsure whether its barrier complies with the current requirements, contact Council's Building Services team. We can help you understand what requirements apply to your pool.
Contact Council's Building Services team on 0800 422 522 if you think your existing pool, spa or pool barrier does not comply. We can discuss the requirements with you and help you understand what you may need to do.
Depending on the issue, you may need to carry out work to bring the pool barrier into compliance. This could include changes to fencing, gates, doors, windows or other parts of the barrier. Check with Council before starting work to find out whether a building consent is required.
In some circumstances, Council may consider a waiver or modification of pool barrier requirements. Waivers and modifications are considered on a case-by-case basis. Contact our Building Services team if you think this may apply to your pool.
The pool itself
Depending on its size, construction and the work involved, installing or constructing a pool may require a building consent. Some pool work is exempt from requiring a building consent under Schedule 1 of the Building Act 2004.
The barrier
Where a residential pool requires a barrier, building work for the barrier generally requires a building consent. An exemption applies to compliant safety covers used as barriers for qualifying small heated pools.
Resource consent
Depending on your property and the work involved, other approvals may also be required, such as resource consent. Check with Council before starting work if you're unsure what approvals your project needs.
When filling a pool from the Council water supply, you must ensure pool water cannot flow back into the drinking water supply. Backflow can contaminate the water supply if there is a drop in water pressure.
If you are filling your pool using a garden hose, appropriate backflow prevention may be required.
Residential pools that are subject to the periodic inspection requirements must be inspected every three years. These mandatory inspections do not apply to small heated pools, such as spa pools and hot tubs, where a compliant safety cover is used as the barrier.
Pool owners can choose who undertakes the mandatory inspection of their pool – either Council, or an independently qualified pool inspector (IQPI). The IQPI is a person accepted by the Ministry of Business, Innovation and Employment (MBIE) as qualified to carry out periodic inspections.
Find an independently qualified pool inspector
In addition to three-yearly inspections, Councils also have discretion to inspect any residential pool at any time, including small heated pools, to determine whether the pool barrier requirements are being complied with.
Council’s cost for pool inspections and receiving information (IQPI) can be found in the current schedule of Fees and Charges.
If a pool does not comply with the barrier requirements, Council may take enforcement action under the Building Act 2004, including issuing a notice to fix.
MBIE provides guidance about residential pool safety, barriers, inspections and building consent requirements.
- Building Code - Clause F9 - Restricting access to residential pools
- Guidance for pool owners
- Building (Pools) Amendment Act 2016
- Building (Pools) Regulations 2016
You can also contact Council's Building Services team if you have questions about swimming pools, spa pools, barriers or consent requirements.
Phone 0800 422 522 or email building.services@rangitikei.govt.nz.
If you cannot agree with Council about a residential pool or pool barrier, you may be able to apply to MBIE for a determination.
A determination may be available where the matter relates to:
- whether the pool or barrier complies with the Building Code
- a building consent
- a code compliance certificate
- a notice to fix relating to the pool or barrier.
Find out more about determinations.
Responsibility for ensuring that residential pool barrier requirements are met can apply to several people, including:
- the owner of the pool
- the pool operator
- the owner of the land where the pool is located
- the occupier of the property.
In some circumstances, responsibility may also apply to a purchaser or lessee of the pool or premises.