Q&A on evaluation of the Fencing of Swimming Pools Act 1987 for use as necessary
1. Why is the Act being evaluated?
Given the importance of the Act in protecting young children from drowning, it is appropriate to ensure that the Act is as effective as possible.
This is the first evaluation of the Act since it took effect 20 years ago.
The evaluation will not question the existence of the Act, because statistics clearly show that while the number of swimming pools has increased, drownings have continued to fall.
In doing the evaluation, the Department wants to take proper account of lessons learned in the past 20 years and ensure the legislation continues to serve its purpose.
2. Has any thought been given to what might change as a result of the evaluation?
No. The evaluation is an initial fact-finding, information-gathering exercise to ensure that the Government is fully aware of the issues and to give people the opportunity to express their views on how those issues could be addressed – that is, tell us what’s wrong and how you think it should be fixed.
Proposals for change arising from the consultation process and research by the Department of Building and Housing will be the subject of further consultation to test whether they are workable and appropriate.
3. How effective has the Act been in reducing child drownings?
Drownings of children aged under six in swimming and spa pools have reduced by nearly two thirds.
In the seven years before the Act took effect 81 children drowned in these pools, an average of 11.5 per year. The average in the past seven years has been four.
A total of 193 young children have drowned in swimming pools since 1980, 81 in the seven years preceding the Act and 112 in the 20 years since then.
- Are all the drownings in private swimming pools?
Eighty-four percent of the drownings have been in private pools. The others have occurred in public pools, including for example pools at hotels and motels.
- What is the aim of the evaluation?
The aim of the evaluation is to further reduce drownings by improving compliance and enforcement of the Act.
The evaluation will also seek to:
· further restrict the access of young children to swimming pools under both the Act and the Building Code
· improve uniformity in territorial authorities’ interpretation and application of the Act
· provide more certainty to pool owners and territorial authorities of their responsibilities and obligations under the Act
· increase public awareness of the pool owners’ responsibilities under the Act.
6. Is the evaluation simply an opportunity to introduce more red tape?
No. The Act has reduced the number of drownings of children under six by nearly two thirds. Any changes proposed will aim to further reduce child drownings because any drowning is one too many.
7. What has changed since the Act took effect?
The number of private swimming pools has increased by 30 percent – from an estimated 57,600 in 1996 when the first estimate was taken, to an estimated 73,700 in 2006.
House design has also changed a lot in the past two decades, with a greater focus on indoor/outdoor flow, which has implications for pool fencing.
8. What sorts of things will the evaluation look at?
A number of issues have been identified with the Act. The consultation process will ensure that they are fully understood and that the different options for resolving them have been identified. These issues include:
· whether fencing is still the best means of keeping young children safe around swimming pools
· public awareness of pool owners’ obligations
· interpretation of ‘swimming pool’ and ‘immediate pool area’ for fencing purposes
· whether boundary fencing meets the requirements of the Act
· ‘ready made’ pools that are often installed without adherence to the Fencing of Swimming pools Act or the Building Act 2004 – ie, installed without a consent and without the local council knowing they exist for inspection purposes
· councils not having adequate systems for recording swimming pools that need to be inspected
· the need for councils to have more powers to enforce the Act and ensure pool owners meet their obligations.
The consultation paper seeks responses to questions about these and other issues and invites general comment about the Act.
9. Why are children still drowning in private swimming pools?
Three key reasons have been identified:
· inadequate compliance with the Act, because of low public awareness, lack of clarity in the Act and the Act being seen as red tape
· inadequate enforcement of the Act, because the Act is not clear, councils have limited resources and limited powers to enforce it
· inadequate parental care, because of lack of education about the risks, parental attitude to the risk and inadequate supervision.
10. How do people make submissions?
People can call the Department of Building and Housing on 0800 242 243 to request a copy of the consultation paper or can download it from the Department’s website – www.dbh.govt.nz (provide full address when available). Submissions close on 30 June 2008.