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Resolution number ORSP/2014/46
MOVED by Member CRJ Davis, seconded by Member TG Churton:
That the Orākei Local Board Swimming Pool Fencing Exemptions Committee:
a) Approves
the application from Brian Dawes, 19
Greenbank Drive, St Johns, for special exemption from the
requirements of the Fencing of Swimming Pools Act 1987, on the
grounds that having regard to the particular characteristics of the property
and the pool the committee is satisfied that an exemption with the standard
conditions of NZS8500-2006, would not significantly increase the danger to
young children.
b) Notes
that the special exemption under section 6 of the Fencing of Swimming Pools
Act 1987 is for Dawes Family Trust, and that this exemption is personal to
the owner of the property (Dawes Family Trust) so that on sale of the
property a new owner will need to apply for a new exemption.
c) Grants this exemption, subject to the owner (Dawes Family
Trust);
1)
installing a freestanding fencing panel
of no less than 1.6 metres high between the spa pool and the rock immediately
on the north side of the spa pool to prevent any child 6 years or under
climbing into or onto the spa pool.
2)
complying at all times with the
conditions in the NZS 8500:2006 Safety Barriers and Fences Around Swimming
Pools, Spas and Hot Tubs 3.10 ‘Above-ground spas and hot tubs’ 3.10 i) to
xii) inclusive:
i.
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;
ii.
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;
iii.
The locks shall not be able to be
readily opened or released by a child of up to the age of six years and the
key shall be kept in an appropriate place which a child cannot access;
iv.
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;
v.
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;
vi.
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;
vii.
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;
viii.
The cover shall have an evenly spaced
mechanical locking device as required in c) iv) above which shall be
positioned to ensure the cover cannot be lifted more than 100mm by a child up
to six years of age, and which ensures that the cover is fixed securely to
the spa pool or hot tub;
ix.
The cover and locks shall be maintained
at all times in a good state of repair;
x.
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;
xi.
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;
xii.
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.
d) Notes that
the owner (Dawes Family Trust) must have the spa pool cover latch locked
except when the spa pool is open under the supervision of adults.
CARRIED
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