Residential pools that require a barrier
Barriers are required for ‘residential pools’ and 'small heated pools' that:
- can be filled with water to a depth of 400mm or more, and
- contain water (regardless of the amount of water).
Barriers are required to surround the pool, (and may enclose the whole or part of the immediate pool area) or for certain ‘small heated pools’, may cover the pool itself.
- ‘Residential pool’ relates to ‘pools’ associated with an ‘abode’.
- ‘Pool’ relates to the type of excavation or structure that is used for swimming, paddling or bathing.
- ‘Abode’ relates to a place of residence, including hotels, motels and similar accommodation. Such accommodation can provide an environment similar to the home environment, in that caregivers cannot be expected to closely supervise young children at all times.
- ‘Small heated pool’ means a heated pool (such as a spa pool or a hot tub) that has a water surface area of 5 m2 or less.
Section 7 of the Act on the Legislation website includes the full definitions of ‘abode’, ‘pool’ and ‘residential pool’.
Example where a residential pool barrier is not required
A residential pool barrier is not required for garden ponds and similar water hazards, which are not intended to fall within the definition of ‘pool’.
School pools
Usually, school pools are not residential pools and the barrier requirements for residential pools do not apply. However, a school pool may fall within the definition of residential pool if there is an abode, such as a hostel or caretaker residence, at the school.