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Our vintage Web Site main page from 5 June New pool safety legislation came into effect in New Zealand on 1 January Provisions in the building code included clause C 1which deems that residential pools filled or partly filled must have means of restricting access — via a physical barrier — by unsupervised children under five years of age.
Clause C 2 states that the means of restricting access must comply with the current code requirements, or those that were in force at the time of construction or installation post This probably seems fairly straightforward, not to mention familiar. While the new Act requires territorial authorities to inspect pool fences, it also allows regions to waive or modify building code requirements.
What is a suitable physical barrier? Had 23 of the 25 waiver applications not originated in one council district, the trend may not have been immediately apparent.
The bulk of the applications came from Marlborough District Council, which said it had sought clarification from MBIE on the use of electric safety covers versus fences.
MBIE said that a compliant pool fence with automatically closing gates or door alarms presented less risk than the use of an automated pool cover. This is because the pool cover could be left open — even if only temporarily — when a supervising adult was not present.
Given that the overriding intent of building code changes was to prevent injury or death to young children in residential pools, MBIE deemed the increased risk associated with fenceless pool cover use as incompatible with that overall objective.
Predictably, not everyone was happy with the outcome. In Marlborough, affected pool owners will have to apply for building consent to install a compliant barrier. For those with expired exemptions, that is an immediate requirement and, for those with as-yet-unexpired waivers, a compliant installation must be in by the expiry date which can be between five and 10 years.
For those with an immediate issue, the council suggested a range of remedies including putting up a temporary barrier and draining pools to millimetres or less. The latter of these presents an additional problem, as it potentially creates a drop of more than one metre.
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Not only is this also unallowable under the building code, it represents an even greater safety risk, according to industry members. Temporary measures aside, home owners with expired waivers have only 90 days to comply.
Industry members suggest that planned pool installation projects have been cancelled in the wake of the ruling and that home owners fear their property value will go down because of the fencing requirement. In justifying the issuing of waivers, Marlborough District Council said that no children have drowned at locations where automated pools covers are installed since the practice commenced.
There are calls to make determinations on a case-by-case basis, given that every pool installation is different.Responding to abandonment of employment. Both employees and employers should communicate clearly with each other in abandonment situations.
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