2004 National Pool 2004 National Pool Fencing ForumFencing Forum

Hassall, I. (1989) Thirty-six Hassall, I. (1989) Thirty-six consecutive under 5 year consecutive under 5 year

oldold domestic swimming domestic swimming pool drownings. pool drownings. Australian Australian Paediatric JournalPaediatric Journal, 25, 143-, 25, 143-

146.146.

Drownings of < 5 year olds in Drownings of < 5 year olds in domestic pools 1978-88domestic pools 1978-88

5

34

2

8

5

11

4

10

1

7

23

1

7

1

5

0

4

0

2

4

6

8

10

121 3 5 7 9 11 13 15 17 19

6 monthly periods, Sept-Feb, March-Aug, 1978-88

No

of

dro

wn

ing

s

Domestic pool drownings by age Domestic pool drownings by age Sept 1982-Dec 1986Sept 1982-Dec 1986

0

5

10

15

20

1 2 3 4 5

Age

No

of

dro

wn

ing

s

Domestic pool drownings 1982-86Domestic pool drownings 1982-86Reason for being on propertyReason for being on property

NoNo %%

Usual homeUsual home 15 15 4242

Visiting with permissionVisiting with permission 1111 3030

Visiting without permissionVisiting without permission 88 2222

Not knownNot known 22 66

Domestic pool drownings 1982-86Domestic pool drownings 1982-86Type of poolType of pool

SwimmingSwimming 3131 SpaSpa 44 ThermalThermal 11

Domestic pool drownings 1982-86Domestic pool drownings 1982-86Means of accessMeans of access

UnenclosedUnenclosed 18 18 Fence incompleteFence incomplete 4 4 Enclosed. Access through non-self-Enclosed. Access through non-self-

closing, non-self-latching gate/doorclosing, non-self-latching gate/door 7 7 Above ground. Access via ladderAbove ground. Access via ladder

44 Gate wedged openGate wedged open 1 1 Access via low windowAccess via low window 1 1 Parents in pool area with victimParents in pool area with victim

22

<5 yrs domestic pool drownings: <5 yrs domestic pool drownings: Rate per 100,000 age specific Rate per 100,000 age specific populationpopulation

New ZealandNew Zealand 1979-871979-87 3.53.5 Auckland RegionAuckland Region 1979-871979-87 3.83.8 Wellington RegionWellington Region 1979-871979-87 3.53.5 Canterbury RegionCanterbury Region 1979-871979-87 3.83.8 South AustraliaSouth Australia 1973-771973-77 2.72.7 Western AustraliaWestern Australia 1973-771973-77 5.05.0 Sacramento Co. USASacramento Co. USA 1974-841974-84

5.55.5 (New Zealand(New Zealand 1991-931991-93 1.1)1.1)

Chronology of the < 5 year old pool Chronology of the < 5 year old pool drowning problem 1drowning problem 1

1974. Petition to Parliament to fence pools1974. Petition to Parliament to fence pools 1978. Monthly drowning survey begins1978. Monthly drowning survey begins 1979. Model by-law, perimeter fencing1979. Model by-law, perimeter fencing 1981. 17 drownings in one year1981. 17 drownings in one year 1982. Publicity. Private members Bill1982. Publicity. Private members Bill 1983. Local Bills Cttee inquiry recommends1983. Local Bills Cttee inquiry recommends

adoption of by-law, legislation if no progressadoption of by-law, legislation if no progress

Chronology of the <5 year old poolChronology of the <5 year old pooldrowning problem 2drowning problem 2

1984. Model by-law. Isolation. 1984. Model by-law. Isolation. 1985. Select committee hearings1985. Select committee hearings 1987. Fencing of Swimming Pools Act1987. Fencing of Swimming Pools Act 1989. Successful prosecution1989. Successful prosecution 1991. Building Act1991. Building Act 1991. Sharp drop in drowning rate1991. Sharp drop in drowning rate 1992. Building Regs (Code)1992. Building Regs (Code)

New Zealand: Main Cause Of Death New Zealand: Main Cause Of Death By Age Group, 2003:By Age Group, 2003:

1-4 years1-4 years

Infectious and parasitic Infectious and parasitic diseasedisease

1313

Unintentional vehicular Unintentional vehicular injuryinjury

1111

Unintentional Unintentional drowning/submersiondrowning/submersion

77

NeoplasmsNeoplasms 66

Respiratory systemRespiratory system 66

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

Letter to NZ Herald 13/10/04Letter to NZ Herald 13/10/04

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

NZ Herald 5 October, 2004NZ Herald 5 October, 2004

Young children who drown in home Young children who drown in home swimming pools probably simply walk swimming pools probably simply walk

into the water unaware of any danger. into the water unaware of any danger.

A Community IssueA Community Issue

DROWNING – “THE NEW ZEALAND DEATH” 3.9 Million New Zealanders are at risk of death by

drowning! Drowning 2nd highest cause of accidental death in NZ How bad are kiwis?

– NZ has one of the highest drowning rates in the developed world

New ZealandNew Zealand 3.0 per 100,0003.0 per 100,000

AustraliaAustralia 1.5 per 100,0001.5 per 100,000

CanadaCanada 1.5 per 100,0001.5 per 100,000

USAUSA 1.6 per 100,0001.6 per 100,000

UKUK 0.8 per 100,0000.8 per 100,000

A Community IssueA Community Issue

3,000 New Zealanders in 20 years3,000 New Zealanders in 20 years An Average of 150 per annumAn Average of 150 per annum 3 per week3 per week

Who drowns?Who drowns? Anyone Anyone AnywhereAnywhere

2003 Drowning Fact Sheet2003 Drowning Fact Sheet

From DrownBase, NZ’s only drowning From DrownBase, NZ’s only drowning databasedatabase 116 people drowned in 2003116 people drowned in 2003 75% were male75% were male Non recreational Drownings = 58 (50%)Non recreational Drownings = 58 (50%)

Immersion accidents = 25Immersion 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 = 17Fishing = 17 Boating = 19Boating = 19 Swimming = 17Swimming = 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!The National Tragedy!

Pre FOSP 1987 Act vs. Post ActPre FOSP 1987 Act vs. Post Act

Pre ActPre Act Post ActPost Act %%Preschool Preschool Drownings p.a.Drownings p.a.

2323 1212 50%50%

Home Pool Home Pool Drownings p.a.Drownings p.a.

1010 44 60%60%

%% 43%43% 33%33%

The National TragedyThe National Tragedy

Preschool Home Pool DrowningsPreschool Home Pool Drownings

Pre ActPre Act Post ActPost Act

Compliant Compliant FencingFencing

12%12% 14%14%

Non-Compliant Non-Compliant FencingFencing

12%12% 42%42%

Un-FencedUn-Fenced 75%75% 44%44%

Via Doors-Via Doors-HouseHouse

25%25%

Department of Department of Building & HousingBuilding & Housing

Hamish HandleyHamish Handley

1.1. The new Building Act was The new Building Act was published in August 2004.published in August 2004.It does not cover the fencing of It does not cover the fencing of swimming pools specifically.swimming pools specifically.However, a pool fence is defined However, a pool fence is defined in the Act as a ‘building’ so that a in the Act as a ‘building’ so that a consent is needed to construct a consent is needed to construct a pool fence.pool fence.

2.2. The Ministry of Economic Development The Ministry of Economic Development (MED) considered incorporating the Fencing (MED) considered incorporating the Fencing of Swimming Pools Act into the new Act.of Swimming Pools Act into the new Act.The decision was made that pool fencing did The decision was made that pool fencing did not fit with the Building Act because of:not fit with the Building Act because of:

   The ongoing compliance requirement of the FOSP The ongoing compliance requirement of the FOSP

Act that the Building Act does not have for Act that the Building Act does not have for housing.housing.The retrospective nature of the FOSP Act. It The retrospective nature of the FOSP Act. It applies to pools whenever they were built. The applies to pools whenever they were built. The Building Act does not apply to existing houses.Building Act does not apply to existing houses.

3.3. The MED recognised that the Schedule to The MED recognised that the Schedule to the FOSP Act and Clause F4 of the Code the FOSP Act and Clause F4 of the Code are out of date.are out of date.The MED identified 3 options to ensure The MED identified 3 options to ensure more flexibility and better enforcementmore flexibility and better enforcement::

A new Clause F4 as part of the Code review A new Clause F4 as part of the Code review under the new Act.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 Amend the FOSP Act to introduce the concept

of ‘barrier’ rather than ‘fence’.of ‘barrier’ rather than ‘fence’.

The 3 options could all be followed:The 3 options could all be followed:  

It is possible there will be a separate It is possible there will be a separate Clause for pool ‘barriers’ in the new Code.Clause for pool ‘barriers’ in the new Code.

A new Standard could be developed that A new Standard could be developed that would describe how pools are to be would describe how pools are to be protected that would replace the protected that would replace the Schedule.Schedule.

The FOSP could be amended to remove The FOSP could be amended to remove the term ‘fence’.the term ‘fence’.

The key to this programme is the The key to this programme is the development of new Standard. That could development of new Standard. That could take up to 2 years.take up to 2 years.

It could incorporate the latest thinking It could incorporate the latest thinking here and overseas on pool protection.here and overseas on pool protection.

It could include drawings and It could include drawings and photographs. The Standard would be photographs. The Standard would be developed by a representative developed by a representative committee along with public consultation.committee along with public consultation.