Building (Pools) Amendment Act 2016

10 New subpart 7A of Part 2 inserted

After section 162, insert:

Subpart 7A—Special provisions for residential pools

162A Purpose

The purpose of this subpart is to prevent drowning of, and injury to, young children by restricting unsupervised access to residential pools by children under 5 years of age.

162B Application of subpart

This subpart applies to pools with a maximum depth of water of 400 mm or more.

162C Residential pools must have means of restricting access

(1)

Every residential pool that is filled or partly filled with water must have physical barriers that restrict access to the pool by unsupervised children under 5 years of age.

(2)

The means of restricting access referred to in subsection (1) must comply with the requirements of the building code—

(a)

that are in force; or

(b)

that were in force when the pool was constructed, erected, or installed (after 1 September 1987) and in respect of which a building consent, code compliance certificate, or certificate of acceptance was issued (in relation to the means of restricting access to the pool).

(3)

In the case of a small heated pool, the means of restricting access referred to in subsection (1) need only restrict access to the pool when the pool is not in use.

(4)

The following persons must ensure compliance with this section:

(a)

the owner of the pool:

(b)

the pool operator:

(c)

the owner of the land on which the pool is situated:

(d)

the occupier of the property in or on which the pool is situated:

(e)

if the pool is subject to a hire purchase agreement (as that term is defined in the Income Tax Act 2007), the purchaser of the pool:

(f)

if the pool is on premises that are not subject to a tenancy under the Residential Tenancies Act 1986 but the pool is subject to a lease or is part of premises subject to a lease, the lessee of the pool or the premises.

Compare: 1987 No 178 s 8

162D Periodic inspections of residential pools

(1)

Every territorial authority must ensure that the following residential pools within its jurisdiction are inspected at least once every 3 years, within 6 months before or after the pool’s anniversary date, to determine whether the pool has barriers that comply with the requirements of section 162C:

(a)

residential pools other than small heated pools:

(b)

small heated pools that have barriers that are not exempt, in terms of Schedule 1, from the requirement to have a building consent.

(2)

A territorial authority may accept a certificate of periodic inspection from an independently qualified pool inspector for the purpose of subsection (1) in lieu of carrying out an inspection under section 222.

(3)

If a territorial authority decides not to accept a certificate of periodic inspection from an independently qualified pool inspector under subsection (2), the territorial authority must, within 7 working days of making that decision, give notice to the chief executive of the decision and the reasons for the decision.

(4)

If an independently qualified pool inspector inspects a pool for the purpose of this section and decides that the pool does not have barriers that comply with the requirements of section 162C (subject to any waiver or modification granted under section 67A or 188), the inspector must, within 3 working days of the date of inspection, give written notice to the relevant territorial authority of the decision, attaching any information that the chief executive requires to accompany the notice.

(5)

In this section,—

anniversary date, in relation to a pool, means—

(a)

the date of issue of the code compliance certificate or the certificate of acceptance in respect of the pool; or

(b)

in the case of a pool that did not require a building consent,—

(i)

the date on which notice was given under section 7 of the Fencing of Swimming Pools Act 1987; or

(ii)

if subparagraph (i) does not apply, the date on which the existence of the pool came to the knowledge of the territorial authority

certificate of periodic inspection means a certificate that—

(a)

is issued by an independently qualified pool inspector; and

(b)

is in the prescribed form (if any); and

(c)

certifies that a pool has barriers that comply with the requirements of section 162C (subject to any waiver or modification granted under section 67A or 188).

162E Manufacturers and retailers must supply notice

(1)

Every person who manufactures, sells, or offers for sale in New Zealand any new product that is designed to be used for swimming, wading, paddling, or bathing, other than an ordinary home bath, must ensure that there is supplied with the pool a notice approved by the chief executive setting out or summarising the responsibilities of owners, pool operators, and occupiers under section 162C(4).

(2)

The chief executive may, by notice in the Gazette, approve the form of notices for the purpose of subsection (1).

(3)

Every person who fails to comply with subsection (1) commits an offence.

(4)

An offence against subsection (3) is an infringement offence.