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Resolution number WHKSP/2014/21
MOVED by Chairperson JP Meeuwsen, seconded by Deputy Chairperson
BM Treadwell:
That the Waiheke Local Board Swimming
Pool Fencing Exemption Committee:
a) Approves the application from Phil McNally
& Maggie Lethwaite – 2 Tiri Road, Waiheke Island, for special exemption from the requirements
of the Fencing of Swimming Pools Act 1987, on the grounds that
the committee is “satisfied that an exemption 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 Phil
McNally & Maggie Lethwaite – 2 Tiri Road, Waiheke Island,
and that this exemption is personal to the owners of the property (Phil
McNally & Maggie Lethwaite) 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 owners (Phil
McNally & Maggie Lethwaite), 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 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) ii) 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;
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 owners (Phil McNally &
Maggie Lethwaite) 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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