Spa and Swimming Pools
This page explains the fencing and safety requirements for spa and swimming pools.
The term "pool" is defined by legislation
The term pool means an excavation, structure, or product that is used or is capable of being used for swimming, wading, paddling or bathing and includes spa pools.
Note: This also includes inflatable and portable spa, paddling and splash pools, ornamental ponds, etc, having a maximum water depth exceeding 400mm.
Pools are required to be properly fenced and secured
The Fencing of Swimming Pools Act 1987 requires all pools including swimming and spa pools to be fenced to provide safety for young children. Both the fencing and access to the pool must comply with the Building Code.
Secured pool areas cannot include:
- Vegetable gardens.
- Children’s play areas and amenities.
- Solid constructions.
Fencing must be able to prevent any child under the age of 6 years from climbing over or crawling under it from the outside.
Gates and doors are to have automatic self-closing and self-latching devices capable of closing them from an opening distance as small as 150mm.
Permanent structures including trees, hedges, brick, stone work, dog kennels etc., outside the fence must be sufficient distance from the fencing to prevent their being used as a ladder affording pool access.
You may get more swimming pool information online using the links provided below, or by calling or visiting Council’s Customer Services Centre, Ph: 04 237 5089.
A Building Consent is required to build or install pools and their fencing
Building Consent is required to:
- Build or install new swimming or spa pools and associated fences.
- Construct new or alter existing pool fencing.
- Construct or install pool drainage and water supply protection systems.
Note: A Resource Consent may also be required. Please contact a Resource Consents Planner on Ph: 04 237 5089.
Council administers the pool fencing legislation in Porirua City
Council’s Building Compliance Centre administers both the Fencing of Swimming Pools Act 1987 and Building Act 2004 in Porirua City.
The Fencing of Swimming Pools Act 1987 requires all pools and spa pools to be registered with Council and to this end the Act authorises Council Officers to enter onto private property for the purpose of assessing pool-fencing compliance.
There are some legal exemptions to the fencing requirements
The Act allows some exemptions to the pool fencing requirements.
You may obtain more information on this by calling or visiting Council’s Customer Services Centre, Ph: 04 237 5089.
Owners have legal responsibilities for their pools
You are responsible for ensuring your pool is fenced and secured in a Building Code compliant manner.
If your pool fencing is non-compliant the pool must be drained and kept empty until it does comply. In this case you must erect safety barriers around the pool until all compliance work is completed.
Inflatable and portable pools having a water depth less than 400mm must not be left unattended either with water in them or with the potential to gather water. They should always be emptied and stored safely away when not in use.
Storage of pool treatment chemicals
Pool treatment chemicals such as Chlorine are hazardous substances and must be correctly stored and secured away from other chemicals.
For more information on hazardous substances you may go to the relevant web pages using the links provided below, or by contacting or visiting Council's Customer Services Centre.
Links to more swimming pool information
Porirua City Council links: