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Resolution number ORSP/2016/12
MOVED by Member CH Cooke, seconded by Member K Parkinson:
That the Ōrākei Local Board
Swimming Pool Fencing Exemptions Committee:
a)
approves the application from Richard
and Andrea Thomson, 54 Lucerne 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
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 Richard and Andrea
Thomson, and that this exemption is personal to the owners (Richard and
Andrea Thomson) 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 (Richard and Andrea Thomson) 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 this special exemption is
subject to tightening the existing straps or installing extra mechanical
locking devices or relocation of existing locking devices being required to
the middle of the spa pool cover to ensure that the cover cannot be lifted
more than 100mm by a child aged six years or less; this will require
reinspection by the pool inspector within 42 days of date of this resolution.
e)
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.
f)
notes that the owners (Richard and
Andrea Thomson) 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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