School Pools - Legislation and Standards

Fencing of Swimming Pools Act 1987
Building Act & Building Code
Health & Safety in Employment
Water Quality Standard
Water Safety Signs Standard

Fencing of Swimming Pools Act 1987

The Fencing of Swimming Pools Act 1987 requires any swimming or spa pool deeper than 400mm to be fenced. This applies to new and pre-existing pools – whether filled or partially filled with water. The Act clearly details the specifications for the construction of a pool fence, including information on height, ground clearance, materials, gates and doors, and the operation of gates and doors. The Act also details the compliance in accordance with the Building Act 1991 and the Building Code.

This requirement means even a disused or decommissioned pool must be fenced in compliance with the Act. Infact, in such a state, a disused pool may create a greater hazard than a well maintained and used pool.

Boards of Trustees are recommended to obtain a copy of the Act to ensure their pools comply, as non-compliance is liable for fines.

Building Act 1991 and Building Code

It is Ministry of Education’s policy for all school pools to be fenced to Building Code requirements

Health and Safety in Employment Act 1992

Under the Health and Safety in Employment Act 1992, Boards of Trustees are required to take all practicable steps to provide and maintain a safe working environment, provide and maintain facilities for the safety and health of employees at work, and to ensure actions at work do not result in harm to other people, including members of the public.

Boards of Trustees must ensure any action or inaction does not lead directly to any harm to employees, students or volunteers while the school pool is being utilised.

There is often a lot of confusion as to the legal requirements covering volunteers. Under the 2000 amendment to the 1992 Act, volunteers have been specifically addressed in the legislation. In relation to schools, the Act outlines these requirements which are similar to those for employees, namely to take all practicable steps to ensure health and safety of the volunteer while they are undertaking voluntary work for the school.

Within the Act, specific reference is made to the adequate training and supervision of staff that use any kind of plant or substance. In the context of a school swimming pool, this requirement means schools must ensure any staff with the responsibility for managing the pool or using the pool are adequately trained. Unit standards are available for water quality management, and training programmes and initiatives, which provide for swim teaching, are nationally available. Refer to training section for more details.

Outside of school hours, the Boards of Trustees are not directly responsible nor liable for any harm to pool users providing the pool and surrounds are safe [as is normally required] when the pool is available to the public. Supervision and control of pool users outside of school hours is not the responsibility of the Boards of Trustees, however, it is recommended your school policy on supervision be clearly specified to pool users.

Water Quality Standard NZS 5826:2000

The Water Quality Standard NZS 5826:2000 replaces and updates the old standard [NZS 5826:1985]. The purpose of the Water Quality Standard is to maintain the chemical and microbiological levels to a safe level for use and enjoyment, as well as ensuring the degradation of the pool and plant equipment is minimised.

Because this Standard provides a means of safeguarding the health of those using school swimming pools, it has been made a requirement of the Ministry of Education’s Health and Safety Code of Practice. Therefore, it is mandatory for New Zealand state and state integrated schools to comply with the Standard.

New requirements have been outlined within this Standard for both the education and training of those involved in managing water quality in pools, and also for improved health and safety requirements of water quality in response to newly identified biological concerns, such as cryptosporidium. Refer section on Qualifications and Training Opportunities.

The level of testing outlined in the standard should not be considered onerous if the health and safety of users is important for Boards of Trustees. Testing daily while the pool is in use is the minimum requirement, but if scheduled as part of the daily routine, e.g. prior to use and then every three hours. These tests can be completed in 10 minutes, but the monthly microbiological monitoring cannot be carried out by a school and requires specialised laboratory testing. Your local Public Health Officers should be able to provide details of the nearest testing laboratory.

Water Safety Signs Standard NZS 8690:2003

This standard sets out the requirements for the design of safety signs for use around water, including school pools.