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

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Edwina Willis
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1 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 MANHATTAN COURT, PARAPARAUMU. PURPOSE OF REPORT 1 The purpse f this reprt is t cnsider an applicatin by Julia Day and Dwayne Mffitt fr an exemptin under Sectin 6 f the Fencing f Swimming Pls Act 1987 (the Act), in respect f a prtable spa pl at 10 Manhattan Curt, Paraparaumu. 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 a prtable spa pl. This applicatin (Attachment 1) is the result f a recent inspectin by the 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 The spa pl is currently full and fails t cmply with the Act as there is n cmpliant 1.2 metre fence surrunding the immediate spa pl area. 5 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. 6 The spa pl has been inspected by a Cuncil fficer wh has cnfirmed the applicant meets all the criteria fr an exemptin as set dwn in the agreed Applicatin fr Special Exemptin fr Prtable Spa Pl, as adpted by the Regulatry Management 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. The prperty meets restricted access requirements. Page 1 f 8

2 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 Regulatry Management Cmmittee has previusly cnsidered and granted, subject t similar cnditins. Financial Cnsideratins 8 There are n financial cnsideratins. Legal Cnsideratins 9 The Cuncil is required t address the matters as set ut in the Act and if it were t grant an exemptin the Cuncil must be satisfied, having regard t the particular characteristics f the prperty, the pl and any ther relevant circumstances, that such an exemptin wuld nt significantly increase the danger t yung children. 10 If the Cuncil 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 The Cuncil has the authrity t make this decisin. RECOMMENDATIONS 13 That the Cuncil apprves 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 10 Manhattan Curt, Paraparaumu, subject t the fllwing cnditins 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; 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; Page 2 f 8

3 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 Apprved fr submissin by: Wayne Maxwell GROUP MANAGER CORPORATE SERVICES ATTACHMENTS: 1. The applicatin 2. Nn-cmpliant pl letter 3. Pht Page 3 f 8

4 Attachment 1: Page 4 f 8

5 Page 5 f 8

6 Page 6 f 8

7 Attachment 2: Page 7 f 8

8 Attachment 3: The spa pl is measured at a height f 760mm abve grund level. The timber fence at the rear f the spa pl has been rendered nn-climbable by attaching a metal triangular fillet t the bttm rail f the fence. Page 8 f 8

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

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