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

Section 162C: inserted, on 1 January 2017, by section 10 of the Building (Pools) Amendment Act 2016 (2016 No 71).