APPLICATION FOR EXEMPTION UNDER SECTION 6 OF THE FENCING OF SWIMMING POOLS ACT FIELD WAY, WAIKANAE BEACH

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Amanda Owen
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1 Chairpersn and Cmmittee Members REGULATORY MANAGEMENT COMMITTEE 10 FEBRUARY 2011 Meeting Status : Public Purpse f Reprt: Fr Decisin APPLICATION FOR EXEMPTION UNDER SECTION 6 OF THE FENCING OF SWIMMING POOLS ACT FIELD WAY, WAIKANAE BEACH PURPOSE OF REPORT 1 The purpse f this reprt is t cnsider an applicatin by Michael and Vicky Russell fr an exemptin under Sectin 6 f the Fencing f Swimming Pls Act 1987 (the Act), in respect f a prtable spa pl at 141 Field Way, Waikanae Beach. SIGNIFICANCE OF DECISION 2 The recmmendatins in this reprt d nt trigger the Cuncil s significance plicy. BACKGROUND 3 The specific exemptin requested is fr prtable spa pl. This applicatin (Attachment 1) is the result f a recent inspectin by Cuncil s mnitring staff and a request by the prperty wner t seek an exemptin frm sme f the requirements f the Act. The fllwing sectins utline details f the applicatin and relevant sectins f the Act. CONSIDERATIONS Issues 4 Sectin 4 f the Act states that all pls are required t cmply with the Act at any time when the pl is filled r partly filled with water. The spa pl is currently full which has resulted in it failing t meet the requirements f the Act as it is des nt have a cmpliant pl fence. 5 The applicant meets all the criteria set dwn in the agreed Applicatin fr Special Exemptin fr Prtable Spa Pl, as adpted by this Cmmittee n 27 April 2006 with the exceptin f the warning sticker which Cuncil will supply. The applicatin als meets the requirements f New Zealand Standard 8500:2006 Safety Barriers and Fences Arund Swimming Pls, Spas and Ht Tubs. The applicant has als signed the Statement f Undertaking. 6 The spa pl has been inspected by a Cuncil fficer wh has cnfirmed the criteria in paragraph 5 abve, have been met. 7 It is the pinin f the reprting fficer that this applicatin culd be apprved subject t the cnditins listed in the Recmmendatins being met because the applicant s prpsal wuld nt significantly increase danger t yung children. The applicatin is similar t thers that the Cmmittee has previusly cnsidered and granted, subject t similar cnditins. Page 1 f 8

2 Financial Cnsideratins 8 There are n financial cnsideratins. Legal Cnsideratins 9 The Cmmittee is required t address the matters as set ut in the Act and if it were t grant an exemptin the Cmmittee must be satisfied, having regard t the particular characteristics f the prperty and the pl, any ther relevant circumstances that such an exemptin wuld nt significantly increase the danger t yung children. 10 If the Cmmittee was t grant an exemptin under sectin 6(1) f the Act, then it may impse such ther cnditins relating t the prperty r the pl as are reasnable in the circumstances. 11 Any exemptin granted r cnditin impsed under this sectin may be amended r revked by a territrial authrity, by reslutin. Delegatin 12 Under the Gvernance Structure Triennium, the Regulatry Management Cmmittee has the delegated authrity under Sectin B t: Cnsultatin exercise all f the Cuncil s functins, duties and pwers under the Fencing f Swimming Pls Act There are n cnsultatin implicatins. Plicy Implicatins 14 There are n plicy implicatins. Publicity Cnsideratins 15 There are n publicity cnsideratins. RECOMMENDATIONS 16 That the Cmmittee apprve the applicatin fr exemptin under Sectin 6 f the Fencing f Swimming Pls Act 1987 and nt require a fence t be placed arund a prtable spa pl at 141 Field Way Waikanae Beach, subject t the fllwing cnditins (as agreed) being cmplied with: The pl has a height f 760mm r greater abve grund r deck level and n bjects are psitined s as t allw a yung child t climb nt the cver; and The prperty has suitable barriers in place t prevent a child up t the age f six years gaining access frm utside the prperty, and the lckable spa cver meets the set criteria as stated belw: the cver is lckable and able t be kept lcked when the pl is nt being used r supervised; Page 2 f 8

3 the lcks cannt be pened r released by a child up t the age f six years; the cver cannt be lifted mre than 100mm abve the tp f the spa, when lcked in place; the cver must be made f material that can withstand the weight f at least 60 kgs t ensure that it wuld withstand the weight f a child up t six years; the cver must be cnstructed f a suitable material and nt allw water t pnd n tp f it; the cver and lcks must be maintained in a gd state f repair; and suitable warning stickers/signs be placed n the cver t advise that it must be lcked in place when the pl is nt being used r supervised. Reprt prepared by: Apprved fr submissin by: Peter Rpata COMPLIANCE OFFICER Tamsin Evans GROUP MANAGER COMMUNITY SERVICES ATTACHMENTS: 1. The applicatin 2. Nn cmpliant pl fencing letter 3. Pht Page 3 f 8

4 Attachment 1: Page 4 f 8

5 Page 5 f 8 CS

6 Site Plan f 141 Field Way, Waikanae Beach Page 6 f 8

7 Attachment 2: Page 7 f 8

8 Attachment 3: Prtable Spa Pl 860mm abve grund level. Page 8 f 8

APPLICATION FOR EXEMPTION UNDER SECTION 6 OF THE FENCING OF SWIMMING POOLS ACT MANHATTAN COURT, PARAPARAUMU.

Mayr and Cuncillrs KĀPITI COAST DISTRICT COUNCIL 17 APRIL 2014 Meeting Status: Public Purpse f Reprt: Fr Decisin APPLICATION FOR EXEMPTION UNDER SECTION 6 OF THE FENCING OF SWIMMING POOLS ACT 1987-10 MANHATTAN