Nelson City Council initial feedback on the Local Government and Environment Select Committee

Transcription

1 Nelson City Council initial feedback on the Local Government and Environment Select Committee Version 1: OS November 2015 Version 2: 09 February 2016 Supplementm y Submission to section 162C (2) BUILDING (Pools) AMENDMENT BILL To the Local Government and Environment Committee. Introduction 1. The following submission to the Local Government and Environment Select Committee has been prepared by the Building Unit of the Nelson City Council. 2. This submission, has not, due to time constraints been approved by the Nelson City Council at this stage. 3. Questions regarding this submission should be referred to Martin Brown of the Nelson City Council Building Unit, Phone (03) , ; martin.brown@ncc.govt.nz Opening Comments 4. Nelson City Council Building Unit support the proposal to repeal the current legislation (Fencing of Swimming pools Act 1987). We bel ieve continued engagement over the process of development of this legislation will result in a better more fit for purpose legislation. 5. To summarise the following are supported; deeming child-resistant covers on spa pools and hot tubs to be an adequate means of restricting access, without requiring spa pools or hot tubs to have an additional means of restricting access: Suppli mental Submission on original Submission to t he Local Government Select Committee for 22February201 6 Com mittee.docx Page 1 of 5

2 clarifying that councils should inspect swimming pools 5- yearly to ensure that owners maintain the means of restricting access to their pools: replacing the current offence provisions involving court prosecutions with a more cost-effective graduated enforcement regime that includes prosecutable offences: relying on performance-based standards in the Building Code to specify the requ irements for restricting access to pools, rather than the current duplicate and inconsistent requirements: Please note conditions of support under 162C(2) requiring retai lers and manufacturers to inform buyers about their obligations under the Act when they buy spa pools, hot tubs, and portable pools, so as to encourage voluntary compliance underpinned by the new enforcement regime, rather than relying on councils to locate and inspect all spa pools, hot tubs, and portable pools. Response to call for Public Submissions 6. Nelson City Counci l accept or raise an observation on the following proposed new sections 162 (A to E) and Clause 8 to 14- New section 162A sets out the purpose of new subpart 7A, which is to prevent unsupervised access to residential pools by young children. Accept New section 1628 provides that the new subpart applies to pools with a maximum depth of water of 400 mm or more. Accept Supplimental Submission on original Submission to the Local Government Select Committee for 22February201 6 Committee.docx Page 2 of 5

3 New section 162C requires specified persons to ensure that residential pools have a means of restricting access that complies with the requirements of the Building Code. Observation: Who is the specified person deemed to be, is this to be a Territorial Authority Function? Supplementary Submission 09 February Section 162C (2) -The Building Code is insufficient in its current form (under F4) to give suitable guidance on the means of compliance tor swimming pool tencing and gates. A greater level of inforr nauon and guidarh..e rn ust be prov ided under Building Code F4 and Acceptable Solutions AS4 for this to be effective. Additionally use of 'alternative solutions', whilst Is possible, must be aligned with NZ Standard (NZS 8500) and waivers cmd modifications under s67 constrained to ensure the Amendment Act is no less effective than the Fencing of Swimming Pools Act New section 1620 requires every person who manufactures or sells a new spa pool, hot tub, or portable pool to supply with the pool a notice of the responsibilities of owners and occupiers under new section 162C. Accepted New section 162E provides that territorial authorities may not prescribe requirements in relation to means of restricting access to pools that are additional to, or more restrictive than, those are prescribed in the principal Act. Accepted Clause 8 amends section 163, the definition of specified person, to provide that a specified person for the purpose of subpart 8 of Part 2 includes persons who are responsible for ensuring that residential pools have a means of restricting access that complies with new section 162C. Observation: Who is the specified person deemed to be?, is this to be a Territorial Authority Function or other body? Supplimental Submission on original Submission to the Local Government Select Committee for 22February2016 Committee.docx Page 3 of 5

4 Clause 9 amends section 165 to provide that a notice to fix may require that a non-compliant pool be emptied until such time as it has a means of restricting access that complies with new section 162C. Accepted, Observation: So infringement for this could be $1000 based on current fines for not complying with an NTF? Clause 10 amends section 168 to prescribe an offence for failing to comply with a notice to fix in relation to a means of restricting access to a residentia l pool. Accepted. Clause 11 amends section 222 to allow territorial authorities to inspect residential pools to determine if the requirements in new section 162C are being complied with. Observation: can the cost for this be prescribed or covered under section 219 as is is very difficult to recover for monitoring/audits where customers have not requested these under the current wording - Building Act 2004 s240 (2) If a fee, charge, or levy is payable to a building consent authority for the performance of a function or service under this Act, the building consent authority may refuse to perform the function or service, unless the fee, charge, or levy is paid. And Building Act 2004 s243 (2) If a fee or charge is payable to a regional authority for the performance of a function or service under this Act, the regional authority may decline to perform the function or service, unless the fee or charge is paid. Clause 12 inserts new section 222A to require territorial authorities to inspect residential pools every 5 years to determine if the requirements in new section 162C are being complied with. Accepted However can we have some guidance on how costs are recovered for t his inspection as if not requested by owner it is hard to recover under the current wording in the Building Act. Supplimental Submission on origina l Submission to the Loca l Government Select Com mittee for 22February2016 Com mittee.docx Page 4 of 5

5 Clause 13 inserts transitional and savings provisions for existing residential pools. Accepted Clause 14 amends Schedule 1 to provide that means of restricting access to residential spa pools, hot tubs, and portable pools do not require a building consent and to make other consequential amendments as a result of the changes made in this Bill. Accepted ~ Clare Barton Group Manager Strategy and Environment Nelson City Council 110 Trafalgar Street PO Box 645 Nelson 7040 ~ Sign.. Supplimental Submission on original Submission to the Local Go vernment Select Committee for 22February2016 Committee.docx Page 5 of 5