Franklin Local Board Swimming Pool Fencing Exemptions Committee

 

OPEN MINUTES

 

 

 

Minutes of a meeting of the Franklin Local Board Swimming Pool Fencing Exemptions Committee held in the Local Board Chambers, Pukekohe Service Centre, 82 Manukau Road, Pukekohe on Tuesday, 11 November 2014 at 8.30am.

 

present

 

Chairperson

Murray Kay

 

 

 

Members

Brendon Crompton

 

 

 

 

Dr Lyn Murphy

 

 

 

 

APOLOGIES

 

 

 

 

 

 

ABSENT

 

Member

Sarah Higgins

 

 

 

ALSO PRESENT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

IN ATTENDANCE

 

 

 

 

 

 

 

 

 

 

 


Franklin Local Board Swimming Pool Fencing Exemptions Committee

11 November 2014

 

1††††††††† Welcome

 

The Chairman opened the meeting and welcomed everyone present.

 

 

2††††††††† Apologies

There were no apologies.

 

 

3††††††††† Declaration of Interest

 

There were no declarations of interest.

 

 

4      Confirmation of Minutes

Resolution number FRSP/2014/14

MOVED by Chairperson MA Kay, seconded by Member BS Crompton:

That the Franklin Local Board Swimming Pool Fencing Exemptions Committee confirms the ordinary minutes of its meeting, held on Tuesday, 8 July 2014, including the confidential section, as a true and correct record.

CARRIED

 

 

5††††††††† Leave of Absence

 

There were no leaves of absence.

 

 

6††††††††† Acknowledgements

 

There were no acknowledgements.

 

 

7††††††††† Petitions

 

There were no petitions.

 

 

8††††††††† Deputations

 

There were no deputations.

 

 

9††††††††† Public Forum

 

There was no public forum.

 

 

10††††††† Extraordinary Business

 

There was no extraordinary business.

 

 

11††††††† Notices of Motion

 

There were no notices of motion.

 

 

12

Special exemption application for spa pools

 

Resolution number FRSP/2014/15

MOVED by Chairperson MA Kay, seconded by Member BS Crompton:

a)††††† That the Franklin Local Board Swimming Pool Fencing Exemptions Committee receives the applications by:

i)†††††† John Curran of 42A Carlton Road, Pukekohe

ii)††††† Colin Bennet of 100 Victoria Avenue, Waiuku

iii)†††† Susan and John Cameron, 23 Heald Road, Hunua

CARRIED

 

Resolution number FRSP/2014/16

MOVED by Member BS Crompton, seconded by Member LM Murphy:

b)††††† That the Franklin Local Board Swimming Pool Exemptions Committee receive the application for a special exemption under section 6 of the Fencing of Swimming Pools Act 1987 by John Curran of 42A Carlton Road, Pukekohe.

c)††††† That the Franklin Local Board Swimming Pool Exemptions Committee GRANTS the application by John Curran of 42A Carlton Road, Pukekohe, for special exemption under section 6 of the Fencing of Swimming Pools Act 1987 subject to the following conditions:

i)†††† that this exemption is personal to the owner of the property , so that on a sale of the property a new owner will need to apply for a new exemption.

ii)††† that the spa pool is not moved from its location when inspected on 30 June 2014.

iii)†† that the conditions in the NZS 8500:2006 Safety Barriers and Fences Around Swimming Pools, Spas and Hot Tubs 3.10 ĎAbove-ground spas and hot tubsí 3.10 i) to xii) inclusive are met:

1.      The top of the spa pool or hot tub shall be positioned with the entire top surface not less than 760mm above the surrounding ground or deck;

2.††† The cover shall be lockable and shall be kept locked when the spa pool or hot tub is not being used or supervised. A locking device shall contain a mechanical locking mechanism or a self-locking mechanism in addition to latching shut;

3.††† The locks shall not be able to be readily opened or released by a child of up to the age of six years;

4.††† When locked the cover shall be fitted so that if lifted it does not release the locking device or provide a clearance greater than 100mm.

5.††† The cover shall be made of a material that if walked on cannot collapse and can withstand the weight of at least 20kg to ensure that it will more than take the weight of a child up to six years old;

6.††† The cover shall be constructed of material that meets ASTM F1346-91 to allow easy movement on and off the spa pool or hot tub;

 

7.††† The cover shall be constructed with a taper from the centre hinge to the outside edge of the cover so that water will not pond on top of it;

8.††† The cover shall have an evenly spaced mechanical locking device as required in b) which shall be positioned to ensure the cover cannot be lifted more than 100mm by a child up to six years of age, and ensures that the cover is fixed securely to the spa pool or hot tub;

9.††† The cover and locks shall be maintained at all times in a good state of repair;

10.† Warning stickers/sign shall be placed on the cover to advise that it shall be locked in place when the spa pool or hot tub is not being used or supervised;

11.† Removable steps, movable furniture, or other objects that can assist a young child to climb onto the cover, shall be stowed/stored away at least 1200mm from the side of the spa pool or hot tub.

12.† Any plant material that can support the weight of at least 20 kgs shall be no closer than the edge of the deck where the spa pool stands.

CARRIED

 

Resolution number FRSP/2014/17

MOVED by Member BS Crompton, seconded by Member LM Murphy:

d)††††† That the Franklin Local Board Swimming Pool Exemptions Committee receive the application for a special exemption under section 6 of the Fencing of Swimming Pools Act 1987 by Colin Bennet of 100 Victoria Avenue, Waiuku.

e)††† That the Franklin Local Board Swimming Pool Exemptions Committee GRANTS the application by Colin Bennet of 100 Victoria Avenue, Waiuku, for special exemption under section 6 of the Fencing of Swimming Pools Act 1987 subject to the following conditions:

i)†††† that this exemption is personal to the owner of the property , so that on a sale of the property a new owner will need to apply for a new exemption.

ii)††† that the spa pool is not moved from its location when inspected on 23 September 2014.

iii)†† that the conditions in the NZS 8500:2006 Safety Barriers and Fences Around Swimming Pools, Spas and Hot Tubs 3.10 ĎAbove-ground spas and hot tubsí 3.10 i) to xii) inclusive are met:

1.      The top of the spa pool or hot tub shall be positioned with the entire top surface not less than 760mm above the surrounding ground or deck;

2.      The cover shall be lockable and shall be kept locked when the spa pool or hot tub is not being used or supervised. A locking device shall contain a mechanical locking mechanism or a self-locking mechanism in addition to latching shut;

3.      The locks shall not be able to be readily opened or released by a child of up to the age of six years;

4.      When locked the cover shall be fitted so that if lifted it does not release the locking device or provide a clearance greater than 100mm.

 

 

 

5.      The cover shall be made of a material that if walked on cannot collapse and can withstand the weight of at least 20kg to ensure that it will more than take the weight of a child up to six years old;

6.      The cover shall be constructed of material that meets ASTM F1346-91 to allow easy movement on and off the spa pool or hot tub;

7.      The cover shall be constructed with a taper from the centre hinge to the outside edge of the cover so that water will not pond on top of it;

8.      The cover shall have an evenly spaced mechanical locking device as required in b) which shall be positioned to ensure the cover cannot be lifted more than 100mm by a child up to six years of age, and ensures that the cover is fixed securely to the spa pool or hot tub;

9.      The cover and locks shall be maintained at all times in a good state of repair;

10.   Warning stickers/sign shall be placed on the cover to advise that it shall be locked in place when the spa pool or hot tub is not being used or supervised;

11.   Removable steps, movable furniture, or other objects that can assist a young child to climb onto the cover, shall be stowed/stored away at least 1200mm from the side of the spa pool or hot tub.

12.   Any plant material that can support the weight of at least 20 kgs shall be no closer than the edge of the deck where the spa pool stands.

CARRIED

 

Resolution number FRSP/2014/18

MOVED by Member LM Murphy, seconded by Member BS Crompton:

f)†††† That the Franklin Local Board Swimming Pool Exemptions Committee receive the application for a special exemption under section 6 of the Fencing of Swimming Pools Act 1987 by Susan and John Cameron, 23 Heald Road, Hunua.

g)††† That the Franklin Local Board Swimming Pool Exemptions Committee GRANTS the application by Susan and John Cameron, 23 Heald Road, Hunua, for special exemption under section 6 of the Fencing of Swimming Pools Act 1987 subject to the following conditions:

i)†††††† that this exemption is personal to the owner of the property , so that on a sale of the property a new owner will need to apply for a new exemption.

ii)††††† that the spa pool is not moved from its location when inspected on 5 August 2014.

iii)†††† that the conditions in the NZS 8500:2006 Safety Barriers and Fences Around Swimming Pools, Spas and Hot Tubs 3.10 ĎAbove-ground spas and hot tubsí 3.10 i) to xii) inclusive are met:

1.      The top of the spa pool or hot tub shall be positioned with the entire top surface not less than 760mm above the surrounding ground or deck;

2.††† The cover shall be lockable and shall be kept locked when the spa pool or hot tub is not being used or supervised. A locking device shall contain a mechanical locking mechanism or a self-locking mechanism in addition to latching shut;

3.††† The locks shall not be able to be readily opened or released by a child of up to the age of six years;

4.††† When locked the cover shall be fitted so that if lifted it does not release the locking device or provide a clearance greater than 100mm.

5.††† The cover shall be made of a material that if walked on cannot collapse and can withstand the weight of at least 20kg to ensure that it will more than take the weight of a child up to six years old;

6.††† The cover shall be constructed of material that meets ASTM F1346-91 to allow easy movement on and off the spa pool or hot tub;

7.††† The cover shall be constructed with a taper from the centre hinge to the outside edge of the cover so that water will not pond on top of it;

8.††† The cover shall have an evenly spaced mechanical locking device as required in b) which shall be positioned to ensure the cover cannot be lifted more than 100mm by a child up to six years of age, and ensures that the cover is fixed securely to the spa pool or hot tub;

9.††† The cover and locks shall be maintained at all times in a good state of repair;

10.† Warning stickers/sign shall be placed on the cover to advise that it shall be locked in place when the spa pool or hot tub is not being used or supervised;

11.† Removable steps, movable furniture, or other objects that can assist a young child to climb onto the cover, shall be stowed/stored away at least 1200mm from the side of the spa pool or hot tub.

12.† Any plant material that can support the weight of at least 20 kgs shall be no closer than the edge of the deck where the spa pool stands.

CARRIED

 

 

13††††††† Consideration of Extraordinary Items

 

There was no consideration of extraordinary items.


 

14

Procedural Motion to Exclude the Public

 

Resolution number FRSP/2014/19

MOVED by Chairperson MA Kay, seconded by Member BS Crompton:

h)    That the public be excluded from the following part(s) of the proceedings of this meeting.

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution follows.

i)     Attachment A - 42A Carlton Road, Pukekohe

ii)    Attachment B - 100 Victoria Avenue, Waiuku

iii)   Attachment C - 23 Heald Road, Hunua

This resolution is made in reliance on section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 6 or section 7 of that Act which would be prejudiced by the holding of the whole or relevant part of the proceedings of the meeting in public, as follows:

 

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of this part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

S7(2)(a) Ė The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.

In particular the attachments provide security and access to the property information that if made public could compromise the security of the property.

S48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

 

CARRIED

 

8.45am††††††††††† The public was excluded.

 

 

Resolutions in relation to the confidential items are recorded in the confidential section of these minutes and are not publicly available.

 

 

8.47am††††††††††† The public was re-admitted.

 


 

restatementS

 

It was resolved while the public was excluded:

 

12

Special exemption application for spa pools (confidential attachments)

 

That the Franklin Local Board Swimming Pool Fencing Exemptions Committee notes that there will be no restatement of these resolutions and the attachments will remain confidential to ensure privacy of the applicants.

 

 

 

8.47am†††††††††††††††††††††††††††††††††††††††††††††† The Chairperson thanked Members for their attendance and attention to business and declared the meeting closed.

 

CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF THE Franklin Local Board Swimming Pool Fencing Exemptions Committee HELD ON

 

 

 

DATE:.........................................................................

 

 

 

CHAIRPERSON:........................................................