450B Savings provision for existing residential pools

(1)

This section applies to a residential pool that was constructed, erected, or installed before 1 January 2017 (an existing pool).

(2)

An existing pool is deemed to have barriers that comply with section 162C if the barriers—

(a)

complied with the Schedule of the Fencing of Swimming Pools Act 1987 (as that schedule was in force) immediately before 1 January 2017; and

(b)

continue to comply with those requirements subject to—

(i)

any exemption that was granted under section 6 or clause 11 of the Schedule of that Act and that was subsisting immediately before 1 January 2017; and

(ii)

the conditions of any such exemption.

(3)

Alternatively, an existing pool is deemed to comply with section 162C if all of the following apply:

(a)

the outside surface of the side walls of the pool is constructed so as to inhibit climbing; and

(b)

no part of the top of any side wall of the pool is less than 1.2 m above—

(i)

the adjacent ground level; and

(ii)

any permanent projection from the ground outside of the pool and within 1.2 m of the walls of the pool; and

(iii)

any object standing on the ground outside of the pool and within 1.2 m of the walls of the pool; and

(c)

any ladder or other means of access to the interior of the swimming pool—

(i)

can be readily removed or made inoperable; and

(ii)

is removed or made inoperable whenever the pool is not intended to be in use.

Compare: 1987 No 178 s 5(a)

Section 450B: inserted, on 1 January 2017, by section 17 of the Building (Pools) Amendment Act 2016 (2016 No 71).