Transcript
IS SPF 01/07/2013
Pool Fencing
How to Avoid Further Enforcement Action Every swimming or spa pool owner is responsible under the Act for ensuring that all of the immediate pool area is fenced in a complying manner. This means that the fence must be maintained in a complying manner and if for whatever reason, the fence does not comply, the pool must remain empty of water until such time as the pool fencing requirements have been met.
Owner Checklist
Yes/No
Does my pool comply? 1.
The height of the fence is not less than 1.2m.
2.
There is no gap or space in the fence greater than 100mm.
3.
The fence rails are on the pool side.
4.
The rails are on the outside but are more than 900mm apart or they are made unclimbable.
5.
The fence is netting, mesh or trellis, with no opening greater than 10mm for 1.2m high fence and 50mm for a 1.8m high fence.
6.
All gates and doors into the pool enclosure comply with the requirements of the Building Code.
7.
The gate latch is on the inside, or is 1.5m above the ground.
8.
The pool is not fenced but has sides 1.2m high with no climbable places.
9.
The filter backwash and pool discharges to the sewer.
10.
A backflow prevention system is installed.
11.
Does the Council have a record of the pool and fence?
Note: This is a checklist for your convenience, but does not cover every situation. If you require advice, please contact Lakes Environmental.
What exactly is the law? The Fencing of Swimming Pools Act was introduced in 1987, making Territorial Local Authorities responsible for ensuring that pool owners comply with the legislation. A schedule in the Act sets out the requirements for fences. With the introduction of the Building Act 1991 and Building Regulations 1992, the fencing requirements of the Fencing of Swimming Pools Action were incorporated within that legislation as a way of complying with the Building Code, which is the minimum standard a fence must comply with to satisfy both Acts. Anyone intending to install a new pool, or new pool fence, must apply for and uplift a Building Consent prior to commencing the work. The Fencing of Swimming Pools Act requires pool owners to notify the Council of the existence of a pool. An amendment to the Building Act in 1995 allows the Building Consent to be a way of notifying the Council of the installation of a new pool or fence. What is a pool? A pool is described as being any excavation, structure or product that is used or is capable of being used for swimming, wading, paddling or bathing and includes spa pools. Are any pools exempt? There are basically four types of pool that the Fencing of Swimming Pools Act does not apply to: 1. An above ground pool where the top of the side wall is no less than 1.2m above the ground or any permanent object. 2. A structure or product where the maximum depth of water does not exceed 400mm. 3. A pool that is wholly enclosed within a building that is principally used for purposes other than the use of the pool. 4. A pool where people are employed to provide supervision while the pool is available for use and the pool is behind locked gates at other times.
What is required?
Filling the Pool
A Fence that complies with the Building Code that prevents any child up to six years of age from climbing over, under or through it.
When filling the pool there is a requirement to have a backflow prevention device fitted to prevent contamination of your water supply.
What Types of Fence Comply?
Backflow preventers are device fitted into the pipe or hose system used to fill the pool, that stop water from the pool being sucked back into the pipe or hose for whatever reason (eg a fall in the mains water pressure) and contaminating the water supply with the pool water.
Any design where: •
The minimum height is 1.2 metres above ground level and there is a 1.2m wide unobstructed clear area around the outside (so for example, if there is decking within 1.2m of the fence, then the fence must be at least 1.2m above the level of decking). There must also be no projections such as tree branches or hedges within 1.2 if the fence, and
•
No space between or under fence pickets or bars is more than 100mm, and
•
The fence is constructed of perforated material, netting or mesh with no opening greater than 10mm for a 1.2 meter high fence, and
•
Horizontal boarded fences have all the gaps filled, and
•
All support rails, bracing etc that are not vertical are made inaccessible for climbing from the outside, or
•
The support rails are on the outside, the distance between any two of them must be at least 900mm, and
•
The fence must surround the immediate pool area.
There are four basic types of devices that can be used – air gaps, vacuum breakers – both atmospheric and pressure type, double check valve assemblies, and reduced pressure zone devices. A wide choice of devices exists within these types. For hose-filled pools that most common device is the hose connection vacuum breaker. These small devices are a specialised version of the atmospheric vacuum breaker. They are generally attached to hose taps and in turn to outlets such as garden hoses. You can obtain more information on this subject from your pool supplier or local plumbing merchant.
Emptying the Pool
Water emptied from a pool must be carried out in accordance with the General Authorisation granted by Otago Regional Council (ORC) to prevent pollution of our waterways. All pool owners must comply with this, except those connected to the Council’s sewerage system can alternatively put this water down the sewer via a gully trap. The file backwash water may contain contaminants and so must also be put via a gully trap into the sewer. Note: It may be necessary to take precautionary measures for in-ground pools where the ground water table is high or may be of concern, before emptying water from the pool.
What about Gates and Doors? APPLICATION FOR EXEMPTION FROM THE REQUIREMENTS OF THE FENCING OF SWIMMING POOLS ACT 1987 Queenstown Lakes District Council under Section 6 of the Fencing of Swimming pools Act 1987 can grant exemption from the requirements of the Fencing of Swimming Pools Act where it is considered that because of the particular characteristics of the property and the pool such an exemption would not significantly increase the danger to young children. Please note that the requirements of the Act cover spa pools and pools with covers. In granting an exemption, the Council can impose reasonable conditions as it think necessary. Any exemption granted or condition imposed can be revoked or changed by the Council. Property Owners Name: _________________________________________________________ Postal Address:
Gates or hinged doors must comply with the previous page and also: • They must be fitted with a self-closing device capable of closing them and operating the latching device from an opening distance as small as 150mm, and • They are clear of anything that could hold them open, and • They will not lift off their hinges or unlatch if pulled down or lifted up, and • They must have a latch which, if on the pool side, must be accessible only from over the top of the fence or through a hole at least 1.2m above the ground, or if on the outside must be at least 1.5m above the ground, and • They must open away from the pool, and • Have a Council supplied self-adhesive notice affixed to all pool access doors.
_________________________________________________ _________________________________________________________ _________________________________________________
Pools must remain empty until they have an approved complying fence installed
What is the Immediate Pool Area?
Physical Address of pool if different from postal: _________________________________________________________ _________________________________________________________ _________________________________________________________ Valuation Number:
_________________________________________________
Description of Pool:
_________________________________________________
This means that land where pool is sited and as much the surrounding area that used for activities related the use of the pool.
to of is to
ie Outdoor pool with cover _________________________________________________________ Outdoor pool
_________________________________________________________
Spa pool
_________________________________________________________
Indoor Pool
_________________________________________________________
Date of Exemption
Signature of Applicant:
(Office Use only)
______________________________
The application must be supported by evidence/undertaking that where the pool has a cover, it is kept locked at all times when not in use. Plans or brochures of the pool and cover, where available, should also be sent with application. The cost of an Application is $195 including GST. Cheques should be made out to Lakes Environmental Ltd and accompany the application form. If granted an exemption, a yearly inspection will be required to ensure that the exemption is still valid.
Therefore, this area may contain the filter shed, pump house and changing shed building, seating, decking, paving and a portable barbecue but may not contain clothes lines, vegetable gardens, permanent barbecues thoroughfares or areas used for other outdoor activities.
Can Buildings be a Fence? They can when they comply with all aspects of the Act Any hinged door giving direct access to the pool area must be selfclosing and self-latching. Any opening windows lower than 1.2 from the floor must be restricted to open no more than 100mm. Ranch sliders and sliding/folding doors comply, but they must remain closed and be fitted with a locking device, that when properly operated, prevents them from being readily opened by children under six years of age. The use if large sliding/folding door may be questioned because their normal purpose (to open wide) does not comply with NZ Building Code F4.3.4(f).
Can a Paling Fence be used? A closed boarded paling fence may be used as a pool fence providing any rails, supports and bracing on the outside are vertical or made inaccessible for children to climb. This would mean horizontal rails must be 900mm apart (this in not usually the case in most standard fences), or be altered to make them inaccessible to climbing. Boundary Fences If the pool fence is also a boundary fence be aware that you may have no control over any object place against the neighbours side, which might allow a child to climb over.
Building Consents Having determined that a new fence, part of a fence, or a gate is required it will be necessary to apply for and uplift a Building Consent. This can be carried out at Lakes Environmental by completing a Building Consent Application Form and providing all relevant information. A Building Consent Officer (BCO) at Lakes Environmental will be able to assist you in completing this process. Special Exemptions The council may grant an exemption from some or all of the requirements of the Fencing of Swimming Pools Act 1987. However, exemptions will only be granted where they will not significantly increase the danger/risk to young children and the council may impose other conditions relating to the property or pool as are reasonable in such circumstances. Any exemption granted or condition imposed may be amended or revoked by the Council. The Council provides a special committee for hearing exemption submissions and considering the inspection officer’s recommendation. You may attend the hearing and speak to you submission if you wish. Having determined you have good reason for seeking special exemption, you can contact a BCO who will then direct you to an Authorised Office who will assist you with completion of the Application form (shown overleaf).
Swimming Pool Fences – Alternative Solution for Paling or Corrugated Steel Fences Where the rails of closed paling or corrugated steel fences are on the outside of a pool fence and are close than 900mm, the Council accepts, as an Alternative Solution to satisfy the Building Code and Fencing of Swimming Pools Act, the fixing of a triangular fillet on the top side of the centre rail. The fillet must H3 treated, be minimum 100mm high x width or rail, and fixed to the top of one or more rails so that the climbable rails are 900mm minimum apart. (Refer to bottom sketch for example)
If you are unsure if your pool fence complies, or want to find out if the Council’s records on you property represent its current status, you can enquire through Lakes Environmental, 74 Shotover Street, Queenstown and then if required make an application for an Inspection. On completion of the Application Form and Payment of the inspection fee Lakes Environmental will inspection the property and update the file. This service is most suitable where the information is required in relationship to the sale or purchase of a property where a pool exists and records are sparse. If this inspection results in the need to install a fence, or where a new pool and fence is required, it will be necessary for a Building Consent to be issued prior to that work being done. Please telephone Lakes Environmental on 03 450 0300 for further information.
DON’T BECOME COMPLACENT!!!!!! EVEN WHEN YOU POOL HAS A COMPLYING FENCE DON’T JUST STOP THERE YOU WILL NEED TO CONTINUALLY SAFEGUARD YOU POOL AREA BY: •
NOT LEAVING DOORS, RANCHSLIDERS ETC OPEN OR UNBOLTED,
•
NOT PROPPING OPEN GATES OR DOORS OR KEEPING THEM OFF THEIR LATCHES
•
NOT PLACING OBJECT SUCH AS FLOWERPOTS, DECK CHAIRS, FIREWOOD,
BOXES, WHEELBARROWS ETC AGAINST THE FENCE. •
MAKING SURE THAT CHILDREN DON’T PUT OR LEAVE BIKES, TRIKES, RIDE-
ONS ETC AGAINST THE FENCE.
