APPLICATION FOR EXEMPTION UNDER SECTION 6 OF THE FENCING OF SWIMMING POOLS ACT WILLIAM NOEL PLACE, WAIKANAE BEACH

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Estella Greer
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1 Mayr and Cuncillrs COUNCIL 29 JANUARY 2015 Meeting Status: Public Purpse f Reprt: Fr Decisin APPLICATION FOR EXEMPTION UNDER SECTION 6 OF THE FENCING OF SWIMMING POOLS ACT WILLIAM NOEL PLACE, WAIKANAE BEACH PURPOSE OF REPORT 1 The purpse f this reprt is t cnsider an applicatin by Christine Tierney fr an exemptin under Sectin 6 f the Fencing f Swimming Pls Act 1987 (the Act), in respect f a prtable spa pl at 2 William Nel Place, Waikanae Beach. DELEGATION 2 The Kāpiti Cast District Cuncil (the Cuncil) has the authrity t make this decisin. BACKGROUND 3 The specific exemptin requested is fr prtable spa pl. This applicatin (Attachment 1) is the result f an 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. ISSUES AND OPTIONS Issues 4 The spa pl is currently empty and is an Exempted Pl under Sectin 5(b) f the Act. 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. The applicants have indicated that they wuld like t fill the spa pl, which is the reasn fr this applicatin. 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 this Cmmittee n 27 April 2006, with the exceptin f the warning sticker which Cuncil will supply and the requirement fr the applicant t mve the spa pl mre than 760mm frm any climbable bjects. The applicatin als meets the requirements f prpsed 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 7

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 Cuncil has previusly cnsidered and granted, subject t similar cnditins. CONSIDERATIONS Legal Cnsideratins 8 The Cuncil 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, the pl and any ther relevant circumstances, that such an exemptin wuld nt significantly increase the danger t yung children. 9 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. 10 Any exemptin granted r cnditin impsed under this sectin may be amended r revked by a territrial authrity, by reslutin. Financial Cnsideratins 11 There are n financial cnsideratins. Tāngata Whenua Cnsideratins 12 There are n tāngata whenua cnsideratins. Significance and Engagement Degree f Significance 13 This matter is nt significant under Cuncil plicy. Engagement Planning 14 An engagement plan is nt needed t implement this decisin. RECOMMENDATIONS 15 That the Cuncil 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 2 William Nel Place, Waikanae Beach, 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; Page 2 f 7

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 Apprved fr submissin Peter Rpata Cmpliance Officer Sharn Fss Acting Grup Manager Regulatry Services Sean Malln Grup Manager Infrastructure Services ATTACHMENTS 1. The applicatin 2. Empty spa pl letter 3. Pht Page 3 f 7

4 Attachment 1: Page 4 f 7

5 Page 5 f 7

6 Attachment 2: Page 6 f 7

7 Attachment 3: The prtable spa pl is measured at a height f 760mm abve the grund and has been placed 850mm away frm the brick windw sill. Page 7 f 7

APPLICATION FOR EXEMPTION UNDER SECTION 6 OF THE FENCING OF SWIMMING POOLS ACT SEAVIEW ROAD, PARAPARAUMU.

Chairpersn and Cmmittee Members REGULATORY MANAGEMENT COMMITTEE 23 APRIL 2015 Meeting Status: Public Purpse f Reprt: Fr Decisin APPLICATION FOR EXEMPTION UNDER SECTION 6 OF THE FENCING OF SWIMMING POOLS