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Resolution number ORSP/2015/6
MOVED by Member K Parkinson, seconded by Member CH Cooke:
That the Orākei Local Board
Swimming Pool Fencing Exemptions Committee:
a) approves the application from Nicholas Hern, Julie Hern and Nigel
Turnbull, 11 Garden Road, Remuera 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 Sharpe Family Trust, and that this exemption
is personal to the owner of the property (Sharpe 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 (Sharpe Family Trust)
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 xi) 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) ii) 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;
d) notes that the owner (Sharpe Family Trust) must have the spa pool
cover latch locked except when the spa pool is open under the supervision of
adults.
e) notes that the trellis at the rear of the spa needs to be covered
with acrylic or mesh to a height of at least 1.2 metres and a 60 degree angle
fillet needs to be attached to the northern block wall and switch to prevent
a child under 6 years of age climbing onto the spa cover.
f)
notes that any future 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
Members of the Orākei Local Board
Swimming Pool Fencing Exemptions Committee completed a site visit at this
property on Wednesday, 18 March 2015.
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