Swimming Pool Fencing: Judgement
Pool Owners Action Group Spokesman: Gary Osborne
In his judgement released on 1 October, Judge Randerson pointed out that the proper interpretation of "immediate pool
area" was a key issue. Waitakere City Council had taken a restrictive view.
A secondary issue related to doors providing access to a pool from a building.
The Councils argued that activities in conjunction with pool use must occur exclusively. This was rejected by the Judge
in paragraph 31. He deemed BBQ's and entertaining OK (para 32,33).
He pointed out a most unsatisfactory inconsistency between the Building Code and FOSP Act 1987 regarding fence
construction. (para 50). He also pointed out Sliding Doors are exempted from Clause F.4.3.5 of the Building Code. (para
49)
Many pool owners, especially in Waitakere City, will be relieved that nit-picking interpretations of the FOSP Act have
now been rejected and Pool inspectors will have to exercise a much higher degree of common sense before instigating
prosecution notices!