2004 National Pool Fencing Forum

Hassall, I. (1989) Thirty-six consecutive under 5 year old domestic swimming pool drownings. Australian Paediatric Journal, 25,

Drownings of < 5 year olds in domestic pools

Domestic pool drownings by age Sept 1982-Dec 1986

Domestic pool drownings Reason for being on property No% Usual home15 42 Visiting with permission1130 Visiting without permission822 Not known26

Domestic pool drownings Type of pool Swimming31 Swimming31 Spa4 Spa4 Thermal1 Thermal1

Domestic pool drownings Means of access Unenclosed 18 Unenclosed 18 Fence incomplete 4 Fence incomplete 4 Enclosed. Access through non-self- Enclosed. Access through non-self- closing, non-self-latching gate/door 7 Above ground. Access via ladder 4 Above ground. Access via ladder 4 Gate wedged open 1 Gate wedged open 1 Access via low window 1 Access via low window 1 Parents in pool area with victim 2 Parents in pool area with victim 2

<5 yrs domestic pool drownings: Rate per 100,000 age specific population New Zealand New Zealand Auckland Region Auckland Region Wellington Region Wellington Region Canterbury Region Canterbury Region South Australia South Australia Western Australia Western Australia Sacramento Co. USA Sacramento Co. USA (New Zealand ) (New Zealand )

Chronology of the < 5 year old pool drowning problem Petition to Parliament to fence pools Petition to Parliament to fence pools Monthly drowning survey begins Monthly drowning survey begins Model by-law, perimeter fencing Model by-law, perimeter fencing drownings in one year drownings in one year Publicity. Private members Bill Publicity. Private members Bill Local Bills Cttee inquiry recommends Local Bills Cttee inquiry recommends adoption of by-law, legislation if no progress

Chronology of the <5 year old pool drowning problem Model by-law. Isolation Model by-law. Isolation Select committee hearings Select committee hearings Fencing of Swimming Pools Act Fencing of Swimming Pools Act Successful prosecution Successful prosecution Building Act Building Act Sharp drop in drowning rate Sharp drop in drowning rate Building Regs (Code) Building Regs (Code)

New Zealand: Main Cause Of Death By Age Group, 2003: 1-4 years 1-4 years Infectious and parasitic disease 13 Unintentional vehicular injury 11 Unintentional drowning/submersion 7 Neoplasms6 Respiratory system 6

If the unnecessarily restrictive interpretation of the pool area had been continued, more and more people would have been tempted to supervise the child from outside the swimming pool fence with the consequent loss of ability to act quickly to forestall accidents Letter to NZ Herald 13/10/04

The suspicion remains that home pools were subjected to more rigorous rules than comparable hazards simply because safety campaigners believed the pools presented an easy target. NZ Herald 5 October, 2004

Young children who drown in home swimming pools probably simply walk into the water unaware of any danger.

A Community Issue DROWNING – “THE NEW ZEALAND DEATH” 3.9 Million New Zealanders are at risk of death by drowning! Drowning 2 nd highest cause of accidental death in NZ How bad are kiwis? – –NZ has one of the highest drowning rates in the developed world New Zealand 3.0 per 100,000 Australia 1.5 per 100,000 Canada USA 1.6 per 100,000 UK 0.8 per 100,000

A Community Issue 3,000 New Zealanders in 20 years 3,000 New Zealanders in 20 years An Average of 150 per annum An Average of 150 per annum 3 per week 3 per week Who drowns? Who drowns? Anyone Anyone Anywhere Anywhere

2003 Drowning Fact Sheet From DrownBase, NZ’s only drowning database From DrownBase, NZ’s only drowning database 116 people drowned in people drowned in % were male 75% were male Non recreational Drownings = 58 (50%) Non recreational Drownings = 58 (50%) Immersion accidents = 25 Immersion accidents = 25 Pre-school children = 9 (7 at home) Pre-school children = 9 (7 at home) Recreational Drownings = 58 (50%) Recreational Drownings = 58 (50%) Fishing = 17 Fishing = 17 Boating = 19 Boating = 19 Swimming = 17 Swimming = 17 Rivers and streams = 28 (25%) Rivers and streams = 28 (25%) Beaches = 19 (16%) Beaches = 19 (16%) Home = 12 (10%) Home = 12 (10%)

The National Tragedy! Pre FOSP 1987 Act vs. Post Act Pre FOSP 1987 Act vs. Post Act Pre Act Post Act %%%% Preschool Drownings p.a % Home Pool Drownings p.a % %43%33%

The National Tragedy Preschool Home Pool Drownings Preschool Home Pool Drownings Pre Act Post Act Compliant Fencing 12%14% Non-Compliant Fencing 12%42% Un-Fenced75%44% Via Doors-House 25%

Department of Building & Housing Hamish Handley

1.The new Building Act was published in August It does not cover the fencing of swimming pools specifically. However, a pool fence is defined in the Act as a ‘building’ so that a consent is needed to construct a pool fence.

2.The Ministry of Economic Development (MED) considered incorporating the Fencing of Swimming Pools Act into the new Act. 2.The Ministry of Economic Development (MED) considered incorporating the Fencing of Swimming Pools Act into the new Act. The decision was made that pool fencing did not fit with the Building Act because of:  The ongoing compliance requirement of the FOSP Act that the Building Act does not have for housing. The retrospective nature of the FOSP Act. It applies to pools whenever they were built. The Building Act does not apply to existing houses.

3. The MED recognised that the Schedule to the FOSP Act and Clause F4 of the Code are out of date. The MED identified 3 options to ensure more flexibility and better enforcement: A new Clause F4 as part of the Code review under the new Act. A new Clause F4 as part of the Code review under the new Act. Change the Schedule to the FOSP Act. Change the Schedule to the FOSP Act. Amend the FOSP Act to introduce the concept of ‘barrier’ rather than ‘fence’. Amend the FOSP Act to introduce the concept of ‘barrier’ rather than ‘fence’.

The 3 options could all be followed:  It is possible there will be a separate Clause for pool ‘barriers’ in the new Code.  A new Standard could be developed that would describe how pools are to be protected that would replace the Schedule.  The FOSP could be amended to remove the term ‘fence’.

 The key to this programme is the development of new Standard. That could take up to 2 years.  It could incorporate the latest thinking here and overseas on pool protection.  It could include drawings and photographs. The Standard would be developed by a representative committee along with public consultation.