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2004 National Pool Fencing Forum

2004 National Pool Fencing Forum. Hassall, I. (1989) Thirty-six consecutive under 5 year old domestic swimming pool drownings. Australian Paediatric Journal , 25, 143-146. Drownings of < 5 year olds in domestic pools 1978-88. Domestic pool drownings by age Sept 1982-Dec 1986.

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2004 National Pool Fencing Forum

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  1. 2004 National Pool Fencing Forum

  2. Hassall, I. (1989) Thirty-six consecutive under 5 year olddomestic swimming pool drownings. Australian Paediatric Journal, 25, 143-146.

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

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

  5. Domestic pool drownings 1982-86Reason for being on property No% Usual home 15 42 Visiting with permission 11 30 Visiting without permission 8 22 Not known 2 6

  6. Domestic pool drownings 1982-86Type of pool • Swimming 31 • Spa 4 • Thermal 1

  7. Domestic pool drownings 1982-86Means of access • Unenclosed 18 • Fence incomplete 4 • Enclosed. Access through non-self- closing, non-self-latching gate/door 7 • Above ground. Access via ladder 4 • Gate wedged open 1 • Access via low window 1 • Parents in pool area with victim 2

  8. <5 yrs domestic pool drownings: Rate per 100,000 age specific population • New Zealand 1979-87 3.5 • Auckland Region 1979-87 3.8 • Wellington Region 1979-87 3.5 • Canterbury Region 1979-87 3.8 • South Australia 1973-77 2.7 • Western Australia 1973-77 5.0 • Sacramento Co. USA 1974-84 5.5 • (New Zealand 1991-93 1.1)

  9. Chronology of the < 5 year old pool drowning problem 1 • 1974. Petition to Parliament to fence pools • 1978. Monthly drowning survey begins • 1979. Model by-law, perimeter fencing • 1981. 17 drownings in one year • 1982. Publicity. Private members Bill • 1983. Local Bills Cttee inquiry recommends adoption of by-law, legislation if no progress

  10. Chronology of the <5 year old pooldrowning problem 2 • 1984. Model by-law. Isolation. • 1985. Select committee hearings • 1987. Fencing of Swimming Pools Act • 1989. Successful prosecution • 1991. Building Act • 1991. Sharp drop in drowning rate • 1992. Building Regs (Code)

  11. New Zealand: Main Cause Of Death By Age Group, 2003: • 1-4 years

  12. 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 accidentsLetter to NZ Herald 13/10/04

  13. 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

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

  15. A 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

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

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

  18. The National Tragedy! • Pre FOSP 1987 Act vs. Post Act

  19. The National Tragedy • Preschool Home Pool Drownings

  20. Department of Building & Housing Hamish Handley

  21. 1. The new Building Act was published in August 2004. 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.

  22. 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.

  23. 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. • Change the Schedule to the FOSP Act. • Amend the FOSP Act to introduce the concept of ‘barrier’ rather than ‘fence’.

  24. 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’.

  25. 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.

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