Pool inspector responsibilities

Pool inspector requirements

Pool inspectors have a code of conduct, and must take care to avoid conflicts of interest. You also need to have an in-depth knowledge of relevant legislation and associated information, including:

• the Building Act 2004
• MBIE Guidance for territorial authorities about the residential pool provisions of the Building Act 2004
• the Building Code F9
• Clause F9 Acceptable Solutions
• the Building (Pools) Regulations 2016
• the repealed Fencing of Swimming Pools Act 1987 (FOSPA)
• New Zealand Standard 8500:2006
• determinations MBIE has made about pool safety.

Inspection requirements

When preparing for and carrying out pool barrier inspections, you will be required to:

• Gather relevant information from the local authority prior to commencing any pool barrier inspection, including plans, building consents, code compliance certificates, and exemptions granted under the Fencing of Swimming Pools Act.
• Have the ability to interpret local authority plans, building consents, code compliance certificates, and exemptions, and how they relate to current pool barrier requirements.
• Check, test and document the:
  • compliance and functionality of pool barriers and related gates, doors, windows, and locks and latches
  • areas surrounding pools for direct access, appropriate use and potential climbing points.
• Provide a certificate of periodic inspection to the territorial authority to notify that a pool has been inspected and complies with barrier requirements.
• Provide written notice of non-compliance to the territorial authority if a pool barrier doesn't comply, or doesn't have the relevant consent/permit. This should be done within 3 working days of the date of inspection, with any information required by the Ministry of Business Innovation and Employment (MBIE) to accompany the notice attached.
• Maintain records of inspections, and provide them to the territorial authority (for no charge), if requested. These should include results of inspections, reasons for decisions, photographs and drawings.

When you need to review the council file

If a pool owner wants to apply historical standards or rely on a waiver or modification of the Building Code, you'll need to review the council file to ensure that:

• all appropriate permits were obtained, and
• the standards that applied at the time are still being met.

If the owner wants a certificate of periodic inspection that relies on the current standards, you can do this without reviewing the council file.

Unconsented pool barriers

If you're asked to inspect a pool barrier that hasn’t been previously issued with a building consent:

• don't carry out the inspection or issue a certificate of periodic inspection/notice of non-compliance, and
• inform the territorial authority within 3 working days.

Pool inspection reports and records

Your reports and records should include site plans, showing:

• the physical location of the site in relation to streets or landmarks, as well as the boundaries, north point, lot and DP number (deposited plan)
• all buildings (and their use), the pool’s location, the pool barrier, and the contents of the immediate pool area
• the layout of any house or dwelling (with the names of all rooms) that has doors giving outdoor access to the immediate pool area
• the location and type of any doors and opening windows that face into the immediate pool area — including details of hardware and direction of opening.

Reports and records should contain evidence that the following areas have been inspected and documented, using text, photographs and diagrams:

• the immediate pool area — including contents and use
• hinged, sliding or bi-fold doors giving access to the pool area — including latches, locks, hinges, and opening direction
• windows giving access to the pool area — including restricted openings and climbable objects nearby
• gates giving access to the pool area — including height, ground clearance, durability, construction, hinges, latches, opening direction, and objects nearby
• the pool barrier — including height, ground clearance, material, rigidity, strength, and nearby vegetation or climbable objects.

Information about acceptable solutions for swimming pool barriers can be found on the Building Performance website.

Building Performance website — Acceptable Solutions and Verification Methods(external link)

Certificate of periodic inspection

A compliance certificate of periodic inspection must contain the following information, as required by regulation:

• The residential pool:
  • Street address where residential pool is located.
  • Legal description of land where residential pool is located.
• The inspection:
  • Date of inspection.
  • Full name and identification number of pool inspector issuing the certificate.
• Certification – I certify that:
  • I have inspected the residential pool onsite, and
  • At the date of inspection, the pool has barriers that comply with the requirements of section 162C of the Building Act 2004 (subject to any waiver or modification granted under sections 67A or 188 of the Building Act 2004), and
  • I have kept detailed records of the inspection and will make those records available without charge to the relevant Territorial Authority on request.
• Signature and date:
  • Signature of pool inspector issuing the certificate.
  • Date of issuing the certificate.

Building (Pools) Regulations 2016(external link)

Notice of non-compliance

If you issue a notice of non-compliance, you must:

• notify the territorial authority within 3 working days, and
• provide a report documenting the reasons for non-compliance.

A notice of non-compliance must contain the following information, as required by regulation:

• The residential pool:
  • Street address where residential pool is located.
  • Legal description of land where residential pool is located.
• The inspection:
  • Date of inspection.
  • Full name and identification number of the pool inspector issuing the certificate.
• Certification – I certify that:
  • I have inspected the residential pool onsite, and
  • At the date of inspection, the pool does not have barriers that comply with the requirements of section 162C of the Building Act 2004 (subject to any waiver or modification granted under sections 67A or 188 of the Building Act 2004), and
  • I have kept detailed records of the inspection and will make those records available without charge to the relevant Territorial Authority on request.
• Signature and date:
  • Signature of the pool inspector issuing the certificate.
  • Date of issuing the certificate.

Building (Pools) Regulations 2016(external link)

Code of conduct

As an independently qualified pool inspector (pool inspector) you don’t have any right of entry powers, and you may only enter onto land to inspect a pool barrier if invited to do so by the pool owner or their agent.

When you're undertaking pool barrier inspection functions as a pool inspector, you must always:

• put the public first and ensure the pool barriers comply with the legislation
• maintain satisfactory levels of competence and remain adequately informed about pool barrier compliance and safety
• comply with legislative requirements
• not perform pool barrier inspection functions where there is potential for a conflict of interest — see below
• maintain the confidentiality of your clients
• abide by professional, moral and ethical standards expected by the community
• take all reasonable steps to obtain all relevant facts
• clearly document reasons for decisions, and
• meet all the requirements of the Ministry of Business Innovation and Employment (MBIE) and relevant territorial authorities.

Conflicts of interest

You must not perform inspections as an independently qualified pool inspector if you:

• have carried out building work on or around the pool barrier
• are a person listed in section 162C(4) of the Building Act in relation to the pool
• have a direct or indirect financial interest in the building to which the pool is related
• are related to a person listed in section 162C(4) of the Building Act (in relation to the pool) in a personal, professional, commercial or financial capacity.

Building Act 2004 — Section 162C(external link)

Ensuring ongoing competence

If you apply to be an independently qualified pool inspector (pool inspector), our assessment will include your:

• knowledge of the Building Code about pool barriers, and
• competence in carrying out inspections.

If you're accepted as a pool inspector your name and contact details will be listed on our public register.

Searching the pool inspector register

You will be required to renew your registration annually.

Renewing your pool inspector registration

We monitor and review pool inspector performance — for example, by carrying out audits. If necessary, we can de-register a pool inspector.