Agenda of Orākei Local Board Swimming Pool Fencing Exemptions Committee

1 Welcome

2 Apologies

At the close of the agenda no apologies had been received.

3 Declaration of Interest

Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.

4 Confirmation of Minutes

5 Leave of Absence

At the close of the agenda no requests for leave of absence had been received.

6 Acknowledgements

At the close of the agenda no requests for acknowledgements had been received.

7 Petitions

At the close of the agenda no requests to present petitions had been received.

8 Deputations

At the close of the agenda no requests for deputations had been received.

9 Public Forum

A period of time (approximately 30 minutes) is set aside for members of the public to address the meeting on matters within its delegated authority. A maximum of 3 minutes per item is allowed, following which there may be questions from members.

At the close of the agenda no requests for public forum had been received.

10 Extraordinary Business

Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

“An item that is not on the agenda for a meeting may be dealt with at that meeting if-

(a) The local authority by resolution so decides; and

(b) The presiding member explains at the meeting, at a time when it is open to the public,-

(i) The reason why the item is not on the agenda; and

(ii) The reason why the discussion of the item cannot be delayed until a subsequent meeting.”

Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

“Where an item is not on the agenda for a meeting,-

(a) That item may be discussed at that meeting if-

(i) That item is a minor matter relating to the general business of the local authority; and

(ii) the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

(b) no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”

11 Notices of Motion

At the close of the agenda no requests for notices of motion had been received.

Orākei Local Board Swimming Pool Fencing Exemptions Committee

17 February 2014

Election of Chairperson

File No.: CP2014/00743

Purpose

1. In accordance with Schedule 7, clause 21(5)(b) of the Local Government Act 2002, the Orakei Local Board Relationship Manager on behalf of the Chief Executive, will call for nominations for the Chairperson of the Orakei Local Board Swimming Pool Fencing Exemptions Committee.

Executive Summary

2. The Local Board Swimming Pool Fencing Exemptions Committee must elect a member to this position in accordance with Schedule 7, clause 25 of the Act, noting that no member has a casting vote.

3. The Local Board Swimming Pool Fencing Exemptions Committee will also need to determine what method they will apply to elect the chairperson.

Schedule 7, Part 1, Clause 25 of the Local Government Act 2002 stipulates that:

25 Voting systems for certain appointments

(1) This clause applies to -

(a) the election or appointment of the chairperson and deputy chairperson of a regional council; and

(b) the election or appointment of the deputy mayor; and

(d) the election or appointment of a representative of a local authority.

(2) If this clause applies, a local authority or a committee (if the local authority has so directed) must determine by resolution that a person be elected or appointed by using one of the following systems of voting:

(a) the voting system in subclause (3) (system A):

(b) the voting system in subclause (4) (system B).

(3) System A -

(a) requires that a person is elected or appointed if he or she receives the votes of a majority of the members of the local authority or committee present and voting; and

(b) has the following characteristics:

(i) there is a first round of voting for all candidates; and

(ii) if no candidate is successful in that round there is a second round of voting from which the candidate with the fewest votes in the first round is excluded; and

(iii) if no candidate is successful in the second round there is a third, and if necessary subsequent, round of voting from which, each time, the candidate with the fewest votes in the previous round is excluded; and

(iv) in any round of voting, if 2 or more candidates tie for the lowest number of votes, the person excluded from the next round is resolved by lot.

(4) System B -

(a) requires that a person is elected or appointed if he or she receives more votes than any other candidate; and

(b) has the following characteristics:

(i) there is only 1 round of voting; and

(ii) if 2 or more candidates tie for the most votes, the tie is resolved by lot.

Recommendation/s

a) That the Orakei Local Board Swimming Pool Fencing Exemptions Committee elects a Chairperson for the Swimming Pool Fencing Exemptions Committee 2013-2016 political term.

Attachments

There are no attachments for this report.

Signatories

Authors	Chiana Sherwood - Relationship Manager PA / Office Manager
Authorisers	Adam Milina - Acting Relationship Manager - Albert-Eden & Orakei Local Boards

Orākei Local Board Swimming Pool Fencing Exemptions Committee

17 February 2014

Election of Deputy Chairperson

File No.: CP2014/00744

Purpose

1. In accordance with Schedule 7, clause 21(5)(e) of the Local Government Act 2002, the Chairperson will call for nominations for the Deputy Chairperson of the Orakei Local Board Swimming Pool Fencing Exemptions Committee.

Executive Summary

2. The Local Board Swimming Pool Fencing Exemptions Committee must elect a member to the Deputy Chairperson position in accordance with Schedule 7, clause 25 of the Act, noting that no member has a casting vote.

3. The Local Board Swimming Pool Fencing Exemptions Committee will also need to determine what method they will apply to elect the Deputy Chairperson.

Schedule 7, Part 1, Clause 25 of the Local Government Act 2002 stipulates that:

25 Voting systems for certain appointments

(1) This clause applies to -

(a) the election or appointment of the chairperson and deputy chairperson of a regional council; and

(b) the election or appointment of the deputy mayor; and

(d) the election or appointment of a representative of a local authority.

(a) the voting system in subclause (3) (system A):

(b) the voting system in subclause (4) (system B).

(3) System A -

(a) requires that a person is elected or appointed if he or she receives the votes of a majority of the members of the local authority or committee present and voting; and

(b) has the following characteristics:

(i) there is a first round of voting for all candidates; and

(ii) if no candidate is successful in that round there is a second round of voting from which the candidate with the fewest votes in the first round is excluded; and

(iv) in any round of voting, if 2 or more candidates tie for the lowest number of votes, the person excluded from the next round is resolved by lot.

(4) System B -

(a) requires that a person is elected or appointed if he or she receives more votes than any other candidate; and

(b) has the following characteristics:

(i) there is only 1 round of voting; and

(ii) if 2 or more candidates tie for the most votes, the tie is resolved by lot.

Recommendation/s

a) That the Orakei Local Board Swimming Pool Fencing Exemptions Committee elects a Deputy Chairperson for the Swimming Pool Fencing Exemptions Committee 2013-2016 political term.

Attachments

There are no attachments for this report.

Signatories

Authors	Chiana Sherwood - Relationship Manager PA / Office Manager
Authorisers	Adam Milina - Acting Relationship Manager - Albert-Eden & Orakei Local Boards

Orākei Local Board Swimming Pool Fencing Exemptions Committee

17 February 2014

Swimming Pool Fencing Exemption – Special Exemption (Section 6) Fencing of Swimming Pools Act 1987

File No.: CP2014/00428

Purpose

1. The purpose of this report is to present to the Orakei Local Board 17 applications for special exemptions from some of the requirements of the Fencing of Swimming Pools Act 1987 (The Act).

Executive Summary

2. The Local Board must conduct a hearing and consider each of the applications for special exemption. The Local Board must resolve to decline, grant or grant subject to conditions, the exemptions sought.

Recommendation/s

That the Orakei Local Board Swimming Pool Fencing Exemptions Committee:

a) That the report be received.

b) That the Local Board receive the applications by:

i) Vilas Patel – 3 Hiriri Ave, Remuera

ii) Fred & Sue de Jong – 6 Allen Johnston Place, St Johns

iii) Andrew & Tracey Jones – 8 Ngaio Street, Orakei

iv) Nigel Pearson – 10A Sprott Road, Kohimarama

v) Jackie & Todd Scott – 10c Wynsfield Garden, St Heliers

vi) Murray Selby – 16 Kitirawa Road, Remuera

vii) Stewart Taylor – 16 Melanesia Road, Kohimarama

viii) Mark Jonassen – 21 Hartland Ave, Glendowie

ix) Simon Johnson & Andrea Brady – 23A Wendover Road, Glendowie

x) Justin & Helga Mora – 24 Platina Street, Remuera

xi) Julie Beagley – 42 Sprott Road, Kohimarama

xii) Todd & Lisa Martin – 65A Michaels Ave, Ellerslie

xiii) Julie Huxford & David Scobie – 84 Grampian Road, Kohimarama

xiv) Symon Nausbaum – 103 Lucerne Road, Remuera

xv) Christine Kay – 240 Riddell Road, Glendowie

xvi) Mike Malcolm – 734A Remuera Road, Auckland

xvii) Andries & Yzette van der Westhuizen – 78 Rukutai Street, Orakei

c) That the Local Board determine each application, by way of resolution, to:

i) grant the application for special exemption as sought, or

ii) grant the application subject to conditions, or

iii) declining the application for special exemption sought.

Discussion

a) Each property, which is the subject of an application before the Local Board, has been inspected by Auckland Council pool inspectors. In each case, the swimming/spa pool fencing does not comply with that Act. The details of non-compliance in each case vary and are specified in the attachments to this report. Each applicant has chosen to seek a special exemption from the requirements of the Act.

b) The purpose of the Act is stated to be “to promote the safety of young children by requiring the fencing of … swimming pools”.

c) The Act requires pool owners to fence their pool with a fence. Specific detail on the means of achieving compliance with the Act is contained in the schedule to the Act. If a pool is not fenced with a complying fence it is an offence under the Act, unless exempt.

d) An exemption can only be granted by the Local Board after a consideration of the particular characteristics of the property and the pool, other relevant circumstances and taking into account any conditions it may impose. Then, only if “satisfied that an exemption would not significantly increase the danger to young children”, can an exemption be granted.

e) Defining the immediate pool area will be relevant to considerations concerning the property and the pool. The immediate pool area means the land in or on which the pool is situated and as much of the surrounding area that is used for activities or purposes related to the use of the pool. The Act provides that the fence should be situated to prevent children moving directly to the pool from the house, other buildings, garden paths and other areas of the property that would normally be available to young children.

f) Another common consideration for Local Boards in exemption applications will be instances where a building forms part of the pool fence. Where doors from a building open into the pool area, the Territorial Authority may grant an exemption from compliance with clauses 8 to 10 of the schedule to the Act. It may exempt if it is satisfied that compliance with the Act is impossible, unreasonable or in breach of any other Act, regulation or bylaw, and the door is fitted with a locking device that when properly operated prevents the door from being readily opened by children under the age of 6 years. If the Local Board is satisfied that a door within a wall in a building meets that test, the Local Board must also be satisfied that an exemption would not significantly increase the danger to young children.

g) When granting a special exemption, the Committee may impose such other conditions relating to the property or the pool as are reasonable in the circumstances (section 6(2) of the Act). Issues to be considered include:

a. Will the exemption be personal to the applicant so that on a sale of the property a new owner will need to apply for a new exemption? This might be appropriate where the personal circumstances of the applicant have been considered as a relevant circumstance and had a bearing on the exercise of the discretion.

b. Will the exemption be granted for a fixed term and irrespective of changes of ownership so that the exemption runs with the property?

c. Are there any other conditions which should be imposed, repairs to existing fencing, or a requirement for more frequent inspection of the pool (currently pools are inspected every three years).

h) Any exemption granted or condition imposed may be amended or revoked by the swimming pool exemption committee by resolution. The rules of natural justice would however dictate that this action should not be taken without prior notice to the pool owner and allowing the pool owner an opportunity to be heard.

Consideration

The recommendations contained within this report fall within the Local Board’s delegated authority.

The Act enables an exemption to be granted from clauses 8 to 10 of the Act (doors in walls of buildings) if the Local Board is satisfied that compliance with the Act is impossible, unreasonable or in breach of any other Act, regulation or bylaw and the door is fitted with a locking device that when properly operated prevents the door from being readily opened by children under the age of 6 years.

The overarching consideration in terms of the Act is that a resolution to grant an exemption may only be made after having regard to the particular characteristics of the property and the pool, any other relevant circumstances and any conditions it may impose, and only if it is satisfied that such an exemption would not significantly increase the danger to young children.

The Local Board may resolve to grant, grant subject to conditions, or decline an application for special exemption.

If an application is declined the applicant will be required to fence their pool in accordance with the Act.

The exemption hearing process under the Act does not trigger the significance policy but it is an important statutory function.

The Council is committed to ensuring the Auckland is a safe place for children to live and play in. Pool fencing issues have a strong relationship with the Council’s strategic priorities for community safety.

Local Board Views

4. The Local Board is the decision maker in relation to exemption applications under the Act.

Maori Impact Statement

5. This report does not raise issues of particular significance for Maori.

General

6. Compliance with the Act is a mandatory requirement for all pool owners unless exempt.

Council’s pools inspectors have consulted with the applicants in each case. Applicants have been made aware of the Council’s requirements to ensure fencing is compliant with the Act. The applicants have elected to seek a special exemption for individual reasons.

Implementation Issues

7. The decision must be made by resolution and contain conditions (if any).

Attachments

No.	Title	Page
a View	3 Hiriri Ave Application	15
b View	3 Hiriri Ave evaluation sheet	25
c View	6 Allen Johnston Pl Application	27
d View	6 Allen Johnston Pl evaluation sheet	37
e View	8 Ngaio St Application	39
f View	8 Ngaio St evaluation sheet	51
g View	10a Sprott Rd Application	53
h View	10a Sprott Rd evaluation sheet	75
i View	10c Wynsfield Garden Application	77
j View	10c Wynsfield Garden evaluation sheet	93
k View	16 Kitirawa Rd Application	95
l View	16 Kitirawa Rd evaluation sheet	107
m View	16 Melanesia Rd Application	109
n View	16 Melanesia Rd evaluation sheet	121
o View	21 Hartland Ave Application	123
p View	21 Hartland Ave evaluation sheet	133
q View	23a Wendover Rd Application	135
r View	23a Wendover Rd evaluation sheet	143
s View	24 Platina St Application	145
t View	24 Platina St evaluation sheet	157
u View	42 Sprott Rd Application	159
v View	42 Sprott Rd evaluation sheet	173
w View	65A Michaels Ave Application	175
x View	65A Michaels Ave evaluation sheet	187
y View	84 Grampian Rd Application	189
z View	84 Grampian Rd evaluation sheet	199
aa View	103 Lucerne Rd Application	201
ab View	103 Lucerne Rd evaluation sheet	217
ac View	240 Riddell Rd Application	219
ad View	240 Riddell Rd evaluation sheet	227
ae View	734a Remuera Rd Application	229
af View	734a Remuera Rd evaluation sheet	237
ag View	78 Rukutai Street Application	239
ah View	78 Rukutai Street evaluation sheet	249

Signatories

Authors

Chant'e Bellve - Swimming Pool Inspector

Authorisers

Ian McCormick - Manager Building Control

Adam Milina - Acting Relationship Manager - Albert-Eden & Orakei Local Boards

Orākei Local Board Swimming Pool Fencing Exemptions Committee

17 February 2014

SWP Exemption Evaluation Sheet

Address: 3 Hiriri Ave, Remuera Date: 2 October 2013

Item(s) requested in accordance with SWP Act 1987 at last

inspection:

Spa pool to be fenced as per the Fencing of Swimming Pools Act 1987 or be emptied of water until the pool fencing complies.

Item(s) exemption is applied for:

Spa pool to use lockable cover as acceptable means of compliance as set out in NZ8500 3.10.

Comments:

The spa pool is not compliant with the schedule of FOSPA 1987 but compliant with NZS 8500-2006.

Compliance with the standard is regarded to provide a child safe alternative to a fence that complies with the schedule of FOSPA 1987.

It is therefore recommended that the special exemption be granted under the condition that ongoing compliance with NZS8500-2006 is maintained at all times.

Committee Member Comments:

Orākei Local Board Swimming Pool Fencing Exemptions Committee

17 February 2014

SWP Exemption Evaluation Sheet

Address: 6 Allen Johnston Place, St Johns Date: 14 December 2014

Item(s) requested in accordance with SWP Act 1987 at last

inspection:

Please fence the spa pool as per the Fencing of Swimming Pools Act 1987.

Item(s) exemption is applied for:

Spa pool to use lockable cover as acceptable means of compliance as set out in NZ8500 3.10.

Comments:

The spa pool is not compliant with the schedule of FOSPA 1987 but compliant with NZS 8500-2006.

Compliance with the standard is regarded to provide a child safe alternative to a fence that complies with the schedule of FOSPA 1987.

It is therefore recommended that the special exemption be granted under the condition that ongoing compliance with NZS8500-2006 is maintained at all times.

Committee Member Comments:

Orākei Local Board Swimming Pool Fencing Exemptions Committee

17 February 2014

SWP Exemption Evaluation Sheet

Address: 8 Ngaio Street, Orakei Date: 17 December 2013

Item(s) requested in accordance with SWP Act 1987 at last

inspection:

Please fence the spa pool as per the Fencing of Swimming Pools Act 1987.

Item(s) exemption is applied for:

Spa pool to use lockable cover as acceptable means of compliance as set out in NZ8500 3.10.

Comments:

The spa pool is not compliant with the schedule of FOSPA 1987 but compliant with NZS 8500-2006.

Compliance with the standard is regarded to provide a child safe alternative to a fence that complies with the schedule of FOSPA 1987.

The photo’s/plans provided with this application are recent and clearly show the position of the pool and provide all information to determine that the pool is compliant with the standard.

It is therefore recommended that the special exemption be granted under the condition that ongoing compliance with NZS8500-2006 is maintained at all times.

Committee Member Comments:

Orākei Local Board Swimming Pool Fencing Exemptions Committee

17 February 2014

SWP Exemption Evaluation Sheet

Address: 10a Sprott Road, Kohimarama Date: 17 December 2013

Item(s) requested in accordance with SWP Act 1987 at last

inspection:

The Fencing of Swimming Pools Act 1987 requires pool owners to fence the immediate pool area.

Item(s) exemption is applied for:

To have the upper patio area included in the immediate pool area.

Comments:

The pool area is not compliant with the schedule of FOSPA 1987 in that is too large and the upper patio area is out of line of site of the swimming pool.

Inspections by the legacy Council were passed in 2009 and prior, with a note that with the new pool standards coming in the future they would likely be asked to reduce the size of the pool area.

It is recommended that the application is declined unless the elected members are satisfied, having regard to the particular characteristics of the property and pool and any other relevant circumstances, that the granting of exemption will not significantly increase the danger to young children.

A site inspection is required.

Committee Member Comments:

Orākei Local Board Swimming Pool Fencing Exemptions Committee

17 February 2014

SWP Exemption Evaluation Sheet

Address: 10c Wynsfield Garden, St Heliers Date: 17 September 2013

Item(s) requested in accordance with SWP Act 1987 at last

inspection:

Please fence the spa pool as per the Fencing of Swimming Pools Act 1987.

Item(s) exemption is applied for:

Spa pool to use lockable cover as acceptable means of compliance as set out in NZ8500 3.10.

Comments:

The pool fence is not complying with FOSPA 1987 and not complying with NZS8500-2006 in that the locks are not tight and providing a gap greater than 100mm, and there are climbable rocks within 1200mm of the spa pool.

Compliance with NZS8500-2006 is regarded to be a child safe alternative to compliance with the schedule of FOSPA.

It is therefore recommended to either decline the application or to grant the application with the condition that the spa pool locks are tightened the spa pool is moved away from any climbable objects.

A site visit is recommended.

Committee Member Comments:

Orākei Local Board Swimming Pool Fencing Exemptions Committee

17 February 2014

SWP Exemption Evaluation Sheet

Address: 16 Kitirawa Road, Remuera Date: 3 September 2013

Item(s) requested in accordance with SWP Act 1987 at last

inspection:

1. Unfenced spa pool to be fenced as per the Fencing of Swimming Pools Act 1987.

Item(s) exemption is applied for:

Spa pool to use lockable cover as acceptable means of compliance as set out in NZ8500 3.10.

Comments:

The pool fence is not complying with FOSPA 1987 and not complying with NZS8500-2006 in that the locks were not locked at the time of inspection and the windows and switch are within 1200mm of the spa pool.

Compliance with NZS8500-2006 is regarded to be a child safe alternative to compliance with the schedule of FOSPA.

It is therefore recommended to either decline the application or to grant the application with the condition that the spa pool is locked at all times and moved away from climbable objects or window restrictors fitted.

Committee Member Comments:

Orākei Local Board Swimming Pool Fencing Exemptions Committee

17 February 2014

SWP Exemption Evaluation Sheet

Address: 21 Hartland Ave, Glendowie Date: 14 January 2014

Item(s) requested in accordance with SWP Act 1987 at last

inspection:

Please fence the spa pool as per the Fencing of Swimming Pools Act 1987.

Item(s) exemption is applied for:

Spa pool to use lockable cover as acceptable means of compliance as set out in NZ8500 3.10.

Comments:

The pool fence is not complying with FOSPA 1987 and not complying with NZS8500-2006 in that there are climbable objects within 1200mm of the spa pool and the spa is less than 760mm from the deck level.

Compliance with NZS8500-2006 is regarded to be a child safe alternative to compliance with the schedule of FOSPA.

It is therefore recommended to either decline the application or to grant the application with the condition that the spa pool is moved.

A site visit is recommended.

Committee Member Comments:

Orākei Local Board Swimming Pool Fencing Exemptions Committee

17 February 2014

SWP Exemption Evaluation Sheet

Address: 24 Platina Street, Remuera Date: 4 December 2013

Item(s) requested in accordance with SWP Act 1987 at last

inspection:

Please fence the spa pool as per the Fencing of Swimming Pools Act 1987.

Item(s) exemption is applied for:

Spa pool to use lockable cover as acceptable means of compliance as set out in NZ8500 3.10.

Comments:

The spa pool is not compliant with the schedule of FOSPA 1987 but compliant with NZS 8500-2006.

Compliance with the standard is regarded to provide a child safe alternative to a fence that complies with the schedule of FOSPA 1987.

It is therefore recommended that the special exemption be granted under the condition that ongoing compliance with NZS8500-2006 is maintained at all times.

Committee Member Comments:

Orākei Local Board Swimming Pool Fencing Exemptions Committee

17 February 2014

SWP Exemption Evaluation Sheet

Address: 65A Michaels Ave, Ellerslie Date: 30 September 2013

Item(s) requested in accordance with SWP Act 1987 at last

inspection:

Please fence the spa pool as per the Fencing of Swimming Pools Act 1987.

Item(s) exemption is applied for:

Spa pool to use lockable cover as acceptable means of compliance as set out in NZ8500 3.10.

Comments:

The spa pool is not compliant with the schedule of FOSPA 1987 but compliant with NZS 8500-2006.

Compliance with the standard is regarded to provide a child safe alternative to a fence that complies with the schedule of FOSPA 1987.

It is therefore recommended that the special exemption be granted under the condition that ongoing compliance with NZS8500-2006 is maintained at all times.

Committee Member Comments:

Orākei Local Board Swimming Pool Fencing Exemptions Committee

17 February 2014

SWP Exemption Evaluation Sheet

Address: 84 Grampian Road, St Heliers Date: 14 January 2014

Item(s) requested in accordance with SWP Act 1987 at last

inspection:

Please fence the spa pool as per the Fencing of Swimming Pools Act 1987.

Item(s) exemption is applied for:

Spa pool to use lockable cover as acceptable means of compliance as set out in NZ8500 3.10.

Comments:

The pool fence is not complying with FOSPA 1987 and not complying with NZS8500-2006 in that the locks are not evenly spread out and so it can not be lifted more than 100mm.

Compliance with NZS8500-2006 is regarded to be a child safe alternative to compliance with the schedule of FOSPA.

It is therefore recommended to either decline the application or to grant the application with the condition that extra spa pool locks are added so they are evenly spaced and so that the gap is no more than 100mm when lifted.

Committee Member Comments:

Orākei Local Board Swimming Pool Fencing Exemptions Committee

17 February 2014

SWP Exemption Evaluation Sheet

Address: 103 Lucerne Rd, Remuera Date: 18 December 2013

Item(s) requested in accordance with SWP Act 1987 at last

inspection:

Spa pool to be fenced as per the Fencing of Swimming Pools Act 1987.

Item(s) exemption is applied for:

Spa pool to use lockable cover as acceptable means of compliance as set out in NZ8500 3.10.

Comments:

The pool fence is not complying with FOSPA 1987 and not complying with NZS8500-2006 in that the retaining walls are climbable and the spa pool is located in the front yard.

Compliance with NZS8500-2006 is regarded to be a child safe alternative to compliance with the schedule of FOSPA.

It is therefore recommended to either grant the application with the condition that the spa pool is moved from it’s current position, or decline the application unless the elected members are satisfied, having regard to the particular characteristics of the property and pool and any other relevant circumstances, that the granting of exemption will not significantly increase the danger to young children.

Committee Member Comments:

Orākei Local Board Swimming Pool Fencing Exemptions Committee

17 February 2014

SWP Exemption Evaluation Sheet

Address: 240 Riddell Road, Glendowie Date: 3 September 2013

Item(s) requested in accordance with SWP Act 1987 at last

inspection:

1. The spa pool to be fenced as per the Fencing of Swimming Pools Act 1987.

Item(s) exemption is applied for:

Spa pool to use lockable cover as acceptable means of compliance as set out in NZ8500 3.10.

Comments:

The pool fence is not complying with FOSPA 1987 and not complying with NZS8500-2006 in that there are climbable objects within 1200mm of the spa pool (horizontal rails to back fence and bench seat).

Compliance with NZS8500-2006 is regarded to be a child safe alternative to compliance with the schedule of FOSPA.

It is therefore recommended to either decline the application or to grant the application with the condition that the spa pool is moved away from climbable objects or the climbable objects are made non-climbable.

Committee Member Comments:

Orākei Local Board Swimming Pool Fencing Exemptions Committee

17 February 2014

SWP Exemption Evaluation Sheet

Address: 78 Rukutai Street, Orakei Date: 15 December 2014

Item(s) requested in accordance with SWP Act 1987 at last

inspection:

Please fence the spa pool as per the Fencing of Swimming Pools Act 1987.

Item(s) exemption is applied for:

Spa pool to use lockable cover as acceptable means of compliance as set out in NZ8500 3.10.

Comments:

The spa pool is not compliant with the schedule of FOSPA 1987 but compliant with NZS 8500-2006.

Compliance with the standard is regarded to provide a child safe alternative to a fence that complies with the schedule of FOSPA 1987.

It is therefore recommended that the special exemption be granted under the condition that ongoing compliance with NZS8500-2006 is maintained at all times.

Committee Member Comments:

Chairperson
Deputy Chairperson
Members	Troy Churton
	Kate Cooke
	Colin Davis, JP
	Kit Parkinson