Does your spa pool need to be fenced?

Swimming pools must be fenced; no exemptions, no waivers. The ministry has spoken. But what about spa pools?

Well, it all comes down to size. That size being 760 millimetres. Anywhere above 760mm and spa pools do not need a fence.

They do, however, need a lockable cover.

To keep the spa pool under the ‘small heated pools’ category, its surface area must be less than 5 square metres. Anything more than 5sqm, and deeper than 400mm, becomes a pool, and needs a fence, 760mm off the ground or not.

Mayfair Pools and Spas Marlborough owner Mike Freeth said pool fences had to be 1.2 metres high, but there was no point making your pool 1.2m off the ground.

‘‘If you want to use the wall of the pool as a barrier that has to be 1.2m above the ground too,’’ Freeth said.

‘‘But the problem is, if the pool wall is 1.2m high, it doesn’t comply with the safety from falling regulations which say you can’t have anymore than a metre drop.’’

However, Freeth called for ‘‘greater consistency’’ in regulation over the different types of pools, be it swimming, spa or inflatable.

‘‘There are lot of inflatable pools that don’t have compliant fencing. The entry level products seem to have a bit more leniency,’’ Freeth said.

‘‘There has to be consistency across the board. There are cheaper pools out there and you can see them when you’re driving around, sitting on the lawn and a lot of them aren’t fenced,’’ Freeth said.

He believed the current regulations for spa pools were ‘‘right’’.

‘‘Once again, they are extremely safe above ground . A toddler is not going to get into a spa pool.

‘‘I’ve never been aware of any incidents with spa pools in my time as an installer.’’

Paddling pools were also subject to the new rules. If the paddling pool was deeper than 400mm, it needed a barrier.

Failing to fix an unsafe pool area when ordered to do so could mean a $200,000 fine, and $20,000 per day for every day it was not fixed.

Last year, Water Safety New Zealand chief executive Jonty Mills said retailers had a duty to inform pool shoppers of the rules.

‘‘Retailers are required by the act to ensure if they sell a pool, the purchaser is aware of their responsibilities. If they fail to do this it is an offence,’’ Mills said.

He said anyone with a portable pool with less than 400mm of water should make sure it was emptied every day so it did not present a drowning hazard.