APPLICATION FOR EXEMPTION UNDER SECTION 6 OF THE FENCING OF SWIMMING POOLS ACT KAKARIKI GROVE, WAIKANAE.

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1 Chairpersn and Cmmittee Members REGULATORY MANAGEMENT COMMITTEE 1 NOVEMBER 2012 Meeting Status: Public Purpse f Reprt: Fr Decisin APPLICATION FOR EXEMPTION UNDER SECTION 6 OF THE FENCING OF SWIMMING POOLS ACT KAKARIKI GROVE, WAIKANAE. PURPOSE OF REPORT 1 The purpse f this reprt is t cnsider an applicatin by Ashley & Christine Vendt fr an exemptin under Sectin 6 f the Fencing f Swimming Pls Act 1987 (the Act), in respect f a prtable spa pl which is t be installed at 91 Kakariki Grve, Waikanae. SIGNIFICANCE OF DECISION 2 The recmmendatins in this reprt d nt trigger the Cuncil s significance plicy. BACKGROUND 3 The specific exemptin requested is fr prtable spa pl. The applicatin is fr a prpsed spa pl. This applicatin (Attachment 1) is the result f a recent site visit by the Cuncil s mnitring staff and a request by the prperty wner t seek an exemptin frm sme f the requirements f the Act. CONSIDERATIONS Issues 4 This is nt an Exempt Pl under Sectin 5 f the Act. 5 Sectin 4 f the Act states that the spa pl is required t cmply with the Act at any time when the pl is filled r partly filled with water. 6 The applicants have signed the Statement f Undertaking advising that they will ensure that all cnditins f the special exemptin will be adhered t at all times that the spa pl is filled. 7 If the exemptin is granted, the spa pl will be inspected by a Cuncil fficer wh will cnfirm the applicant meets all the criteria fr an exemptin as set dwn in the agreed Applicatin fr Special Exemptin fr Prtable Spa Pl, as adpted by this Cmmittee n 27 April The applicant has als signed the Statement f Undertaking. 8 It is the pinin f the reprting fficer that this applicatin culd be apprved subject t the cnditins listed in the Recmmendatins being met because the Page 1 f 7

2 applicant s prpsal wuld nt significantly increase danger t yung children. The applicatin is similar t thers that the Cmmittee has previusly cnsidered and granted, subject t similar cnditins. Financial Cnsideratins 9 There are n financial cnsideratins. Legal Cnsideratins 10 The Cmmittee is required t address the matters as set ut in the Act and if it were t grant an exemptin the Cmmittee must be satisfied, having regard t the particular characteristics f the prperty, the pl and any ther relevant circumstances, that such an exemptin wuld nt significantly increase the danger t yung children. 11 If the Cmmittee was t grant an exemptin under sectin 6(1) f the Act, then it may impse such ther cnditins relating t the prperty r the pl as are reasnable in the circumstances. 12 Any exemptin granted r cnditin impsed under this sectin may be amended r revked by a territrial authrity, by reslutin. Delegatin 13 Under the Gvernance Structure Triennium, the Regulatry Management Cmmittee has the delegated authrity under Sectin B t: exercise all f the Cuncil s functins, duties and pwers under the Fencing f Swimming Pls Act 1987 RECOMMENDATIONS 14 That the Regulatry Management Cmmittee apprves the applicatin fr exemptin under Sectin 6 f the Fencing f Swimming Pls Act 1987 and nt require a fence t be placed arund a prtable spa pl at 91 Kakariki Grve, Waikanae, subject t the fllwing cnditins being cmplied with: The pl has a height f 760mm r greater abve grund r deck level and n bjects are psitined s as t allw a yung child t climb nt the cver; and The prperty has suitable barriers in place t prevent a child up t the age f six years gaining access frm utside the prperty, and the lckable spa cver meets the set criteria as stated belw: the cver is lckable and able t be kept lcked when the pl is nt being used r supervised; the lcks cannt be pened r released by a child up t the age f six years; the cver cannt be lifted mre than 100mm abve the tp f the spa, when lcked in place; Page 2 f 7

3 the cver must be made f material that can withstand the weight f at least 60 kgs t ensure that it wuld withstand the weight f a child up t six years; the cver must be cnstructed f a suitable material and nt allw water t pnd n tp f it; the cver and lcks must be maintained in a gd state f repair; and suitable warning stickers/signs be placed n the cver t advise that it must be lcked in place when the pl is nt being used r supervised. Reprt prepared by: Apprved fr submissin by: Peter Rpata COMPLIANCE OFFICER Tamsin Evans GROUP MANAGER COMMUNITY SERVICES ATTACHMENTS: 1. The applicatin 2. Site plan 3. Spa pl brchure Page 3 f 7

4 Attachment 1: The Applicatin. Page 4 f 7

5 Page 5 f 7

6 Attachment 2: Site Plan. Page 6 f 7

7 Attachment 3: Spa Pl Brchure. Prpsed Spa Pl SULTAN - 4 PERSON SPA POOL Sultan spa specs 4 Persn 9 Jets Digital Tuchpad Cntrl 2hp 2speed Pump 2 kw Heater 4 Mulded Padded Headrests Lckable Hard Cver Cedar Cabinet Pwer: 15 amp 3 Pin Scket Capacity: 700 litres Size: 1985mm x 1775mm x 760mm Page 7 f 7