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Resolution number ORSP/2016/4
MOVED by Member CRJ Davis, seconded by Member K Parkinson:
That the Ōrākei Local Board
Swimming Pool Fencing Exemptions Committee:
a)
approves the application from Neil and Janine
Carruthers, 1 Cawley Street, Ellerslie 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
as sighted by committee members on the date of the committee’s inspection,
the committee is satisfied that an exemption with the standard conditions of
NZS8500-2006, would not significantly increase the danger to young children PROVIDED
that the spa is a minimum distance of 1.2 metres from the existing raised
deck.
b)
notes that the special exemption under
section 6 of the Fencing of Swimming Pools Act 1987 is for Neil and Janine Carruthers,
and that this exemption is personal to the owners (Neil and Janine
Carruthers) of the property 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 (Neil and Janine Carruthers) 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 by key and
shall be kept locked by key 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 subject to the proviso in a)
above, the spa pool is to remain in the same location as on the day of the Committee’s
inspection for the exemption.
e)
notes that the owners (Neil and Janine Carruthers)
must have the spa pool cover latch locked by key except when the spa pool is
open under the supervision of adults.
CARRIED
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