It does not seem 28 years since legislation was passed requiring home swimming pools to be fenced. The imposition was highly resented by pool owners at the time, and probably still is irksome for some. But like child car seats and any other life-saving measures, most owners have come to accept their pool ought to be surrounded by a fence and the building supply industry has developed a range of barriers that are not only compliant but attractive. So why is the Government tinkering with the law now?
One reason it gives is to exempt in-ground spa pools from the need to be fenced so long as they have a lockable cover. That seems reasonable and should legalise many an outdoor spa for which the existing rule is impractical. But that hardly requires a wholesale repeal of the Fencing of Swimming Pools Act 1987 which is credited with reducing the number of young children drowning in home pools from more than 100 in the 10 years to 1982, to 30 in the decade to 2012.
The Government believes it can maintain the same level of safety for children with rules that are more practical for pool owners and for councils that carry out the inspections. Councils will have to inspect every pool every five years rather than three years at present. Garden ponds and other water hazards will be exempt if they are not intended to be used for swimming. Rather than being the subject of a dedicated act, the revised regulations will be incorporated in the Building Act 2004.
The Government may argue no safety will be compromised but others are not as confident. Water Safety NZ has called the bill "ambiguous, vague and poor". Safekids Aotearoa says it leaves too much to interpretation by councils and pool owners. The present act, for example, requires pools to be surrounded by a fence 1.2m high. This will be replaced by a provision in the Building Act requiring protective barriers to be performance-based.
Starship Children's Health director Mike Shephard is concerned the changes are not based on "the existing science around swimming pool fencing". There is no dispute that child drowning has dropped significantly since the 1987 act was passed. It might not have been perfectly consistent in operation but any law in this area has to give councils and inspectors some discretion. Home swimming pools exist in situations as varied as the building designs and landscaping of properties that can afford them.
