Note (added 11/08/2022): Please note that this determination incorrectly refers to section 450A of the Building Act 2004 as a compliance pathway for the pool barrier in this determination. The acceptable solution provided for in section 450A was revoked by way of Gazette notice on 27 April 2017. As the determination does not conclude that the pool barrier was compliant via the acceptable solution in section 450A, the outcome of the determination is not affected.
This determination considers the compliance of a pool that is wholly enclosed within a dwelling but that doesn’t have a physical barrier to restrict access by unsupervised children. The determination discussions the exemption from the requirement to have a barrier that was granted under the Fencing of Swimming Pools Act, and the relationship with the current provisions for barriers to residential pools under the Building Act.