Restricting access by young children to residential pools.
On 1 January 2017 the Building (Pools) Amendment Act repealed the Fencing of Swimming Pools Act and inserted new provisions into the Building Act 2004.
The Amendment Act created Building Code clause F9.
This clause has the requirements to prevent unsupervised access by children under five years of age to residential pools. It requires barriers around pools to restrict unsupervised access by children. Barriers can include gates and suitably constructed doors. Some small heated pools may have a removable cover rather than a surrounding barrier.
F9/AS1 provides the acceptable solution for swimming pool barriers in general. F9/AS2 provides the acceptable solution for covers which may be used on above ground small heated pools.
The Building Act requires residential pools to be inspected every three years by territorial authorities or independently qualified pool inspectors (IQPIs).
Independently qualified pool inspectors on Trading Standards’ pool inspector website has more information.
Manufacturer and retailer notices has information about notices that manufacturers and retailers must supply with pools.
Prior to 1 January 2017, determinations about pool safety were issued relating to Building Code clause F4. These determinations provide some useful guidance for Building Code clause F9.
If you have questions or need guidance about your pool, please contact your local council.
Contact us if you have any other questions.
The Building Code is published in Schedule 1 of the Building Regulations 1992.
The Building Code clauses include objectives, functional requirements and performance criteria. These are mandatory provisions that all new building work must comply with.
The acceptable solutions and verification methods provided on this page are deemed to comply with Building Code clause F9.
MBIE has historical versions of the code clause documents which can be located under 'Previous Versions' and 'Version History'. Alternatively if you cannot find the document you are looking for, you can send an email with the year and code clause you are after to info@building.govt.nz.
Acceptable Solutions and Verification Methods (AS and VMs) were called compliance documents. Some still have the “compliance document” title but the AS or VMs they contain are valid and unaffected by the name change.
Standards are frequently referred to in Acceptable Solutions and Verification Methods. They provide practical information and guidelines for building solutions.
Over 120 building standards used for Building Code compliance are now available for free download.
See the free standards relating to Code Clause F9.
All standards, including the funded ones, can be accessed through the Standards New Zealand website.
This Standard includes methods of assessing the strength of pool barriers. To use these methods to verify compliance with the New Zealand Building Code for residential pool barriers, they must be read in conjunction with Acceptable Solution F9/AS1.
These documents are provided to assist building consent authorities, building owners, designers and persons who carry out building work.
Determinations are made by MBIE on matters of doubt or dispute to do with building work. Rulings are legally binding in relation to each case. Circumstances in one case may differ to others.
Prior to 1 January 2017, determinations about pool safety were issued relating to Building Code clause F4. These determinations provide some useful guidance for Building Code clause F9.
This information is published by the Ministry of Business, Innovation and Employment’s Chief Executive. It is a general guide only and, if used, does not relieve any person of the obligation to consider any matter to which the information relates according to the circumstances of the particular case. Expert advice may be required in specific circumstances. Where this information relates to assisting people:
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