HEARINGS COMMITTEE AGENDA - PDF Free Download

HEARINGS COMMITTEE AGENDA Meeting to be held FRIDAY 13 NOVEMBER 2015 8.30am In the Manawatu District Council Chambers, 135 Manchester Street, Feilding Lorraine Vincent Chief Executive 1

HEARING PANEL Chairperson Councillor Howard Voss Members Councillor Tony Jensen Councillor Shane Casey 2

ORDER OF BUSINESS PAGE 1. MEETING OPENING 2. APPLICATION FOR EXEMPTION FROM FENCING OF SWIMMING POOLS ACT 1987 4 Report of the General Manager Business dated 22 October 2015. 3. MEETING CLOSURE 3

Hearings Committee Meeting of 13 November 2015 Business Unit: Business Date Created: 22 October 2015 Application for Exemption from Fencing of Swimming Pools Act 1987 Bruce and Elizabeth Kinloch Purpose To present an application from Bruce and Elizabeth Kinloch for exemption from the Fencing of Swimming Pools Act 1987 for a spa pool at their property at 393 Tangimoana Road, Bulls. Significance of Decision The Council s Significance and Engagement policy is not triggered by matters discussed in this report. Recommendations 1 That an exemption be granted from the Fencing of Swimming Pools Act 1987 for the use of a lockable rigid cover to the spa pool at 393 Tangimoana Road, Bulls as an alternative means to fencing the spa pool area. 2 That the lockable rigid cover to the spa pool be locked when not in use. 3 That the doors to the property remain as they currently exist. Report prepared by: Chris Henry Building Services Team Leader Approved for submission by: Shayne Harris General Manager - Business 4

1 Council Vision and Council Outcomes 1.1 Relationship to the Council Outcomes that underpin the Council s Vision: Connected, vibrant and thriving Manawatu the best rural lifestyle in New Zealand Manawatu District will improve the natural environment, stewarding the district in a practice aligned to the concept of kaitiakitanga. The Manawatu will attract and retain residents. Manawatu district develops a broad economic base from its solid foundation in the primary sector. Manawatu and its people are connected via quality infrastructure and technology. Manawatu s built environment is safe, reliable and attractive. Manawatu District Council is an agile and efficient organisation. 2 Background 2.1 The Council has received an application from Bruce and Elizabeth Kinloch requesting an exemption from the Fencing of Swimming Pools Act 1987 for their spa pool located at 393 Tangimoana Road, Bulls. (Annex A-Certificate of Title) 3 Discussion and Options considered 3.1 Property 3.1.1 The property consists of a dwelling, 4 bedrooms with attached garage.(annex B-floor plan). The spa pool is located at the rear of the property and is placed on a covered veranda outside the main bedroom. The exterior walls, doors and windows forms part of the spa pool enclosure. Two sides of the spa pool enclosure are fenced, which includes a self- closing gate (Annex C). This fenced part complies with the requirements of the Fencing of Swimming Pools Act 1987. 3.2 Windows 3.2.1 There are windows that open from the dwelling out into the pool area, the windows are fitted with opening restrictors that prevent the windows being opened more than 100mm. With these restrictors fitted, the requirements of clause F4 of the Building Code is met. 3.3 Doors 3.3.1 Currently the doors (Annex D-access door) do not comply with clause 8 to 10 of the schedule to the Fencing of Swimming Pools Act 1987, in that: They do not open away from the immediate spa pool area; The latching devices do not comply with the minimum height requirements, however can be removed to readily make the door handles inoperable; The doors are not self-closing and self- latching; There are hold-open devices present. 3.3.2 Clause 11 of the Schedule to the Fencing of Swimming Pools Act 1987 states that doors in this situation need not comply with these requirements provided the Territorial 5

Authority is satisfied that such compliance is impossible, unreasonable or in breach of any other Act, regulation or by-law and the door is fitted with a locking device that when properly operated, prevents the door from being opened by children under the age of six years. 3.3.3 In terms of clause 11, the current doors do not breach any other Act, regulation or bylaw. 3.3.4 This matter will only need to be considered if the lockable lid were not considered adequate as an alternative means to fencing the spa pool area. 3.3.5 It would not be impossible to change the doors so they would comply with Clause 8 to 10 of the schedule, however this would involve considerable work and cost. 3.3.6 This then leaves the question whether it would be unreasonable in the circumstances to require the doors to comply with clauses 8 to 10 of the schedule. If the answer to this is yes then the next question must be would a six year old child readily open the doors in question, given the locking devices presently fitted to the doors. 3.4 Rigid Lockable Lids 3.4.1 The Fencing of Swimming Pools Act 1987 does not specifically address the matter of spa pools other than to collectively group them as a pool. What sets spa pools apart from ordinary swimming pools is the common use of rigid lockable lids (Annex E-lockable Lid). Many Territorial Authorities routinely accept rigid lockable spa pool covers as an alternative means to fencing and grant special exemptions under Section 6 to the Act. Examples of some of these Authorities are attached (Annex F). 3.4.2 Section 3.10 of the New Zealand standard 8500:2006 Above-ground Spas and Hot Tubs (refer Annex G Spa Hard Covers) (although not cited in the Act) is also frequently utilised as an alternative means of providing effective protection against access to a spa pool by a child under 6 years old. The increased use of this Standard more recently reflects the changing times and the availability of spa pools and the like, a situation that was less prevalent in the 1980s when the Act was established. 3.4.3 The spa pool is fitted with a lockable lid, (Annex E) and in itself, meets all of the requirements of Section 3.10 of New Zealand Standard 8500:2006. A copy of the owner s checklist and declaration of compliance for lockable spa pools / hot tubs is attached (Annex H). 4 Operational Implications 4.1 There are no capital / operating expenditure implications or maintenance costs associated with this paper. 5 Financial implications 5.1 There are no financial implications associated with this paper. 6 Statutory Requirements 6.1 Section 6 of the Fencing of Swimming Pools Act 1987 sets out requirements for granting exemptions: 6

(1) A territorial authority may, by resolution, grant an exemption from some or all of the requirements of this Act in the case of any particular pool where the territorial authority is satisfied, having regard to the particular characteristics of the property and the pool, any other relevant circumstances, and any conditions it imposes under subsection (2), that such an exemption would not significantly increase danger to young children. (2) In granting an exemption under subsection (1), the territorial authorit y may impose such other conditions relating to the property or the pool as are reasonable in the circumstances. (3) Any exemption granted or condition imposed under this section may be amended or revoked by a territorial authority, by resolution. 6.2 Clause 11 of the Schedule to the Fencing of Swimming Pools Act 1987 sets out requirements for exemptions to compliance for doors in walls of buildings: (11) Where any building forms part of a fence and the pool is not contained within the building, any door that gives access to the immediate pool area need not comply with the requirements for gates or doors set out in clauses 8 to 10 to the extent (if any) that the territorial authority is satisfied that such compliance is impossible, unreasonable, or in breach of any other Act, regulation, or bylaw, and the door is fitted with a locking device that, when properly operated, prevents the door from being readily opened by children under the age of 6 years. 7 Delegations 7.1 The Council has delegated authority to the Hearings Committee to decide matters relating to Section 6 and Clause 11 of the Schedule to the Fencing of Swimming Pools Act 1987. 8 Consultation 8.1 There are no consultation requirements associated with this report. 9 Cultural Considerations 9.1 There are no cultural considerations associated with this report. 10 Conclusion 10.1 The intention of the Fencing of Swimming Pools Act 1987 is to promote the safety of young children by preventing their unsupervised access to swimming pools and spa pools. 10.2 If the Council is satisfied, having had regard to the particular characteristics of the property, the pool and any other relevant circumstances, that granting an exemption would not significantly increase the danger to young children, then the Council may, by resolution, grant an exemption from some or all of the requirements of the Act. 7

11 Attachments Annex A - Certificate of Title Annex B - Finished Floor Plan Annex C - Self closing gate Annex D - Access Door Annex E - Lockable Lid Annex F - Territorial Authorities referencing NZS 8500:2006 Annex G Spa Hard Covers Extract from NZ standard 8500:2006 Annex H Owner s checklist and declaration of compliance for lockable spa pools / hot tubs 8

File Note File Ref 8181 Date 28 September 2015 Subject NZ STANDARD 8500:2006. 393 TANGIMOANA ROAD, BULLS. EXEMPTION FOR RIGID LOCKABLE LID ON SPA POOL The following Territorial Authorities reference NZ Standard 8500:2006 as an alternate means to fencing. 1. Palmerston North City Council 2. Wellington City Council 3. Waikato Building Consent group 4. New Plymouth District Council 5. Christchurch City Council 6. Auckland City Council 7. Tauranga City Council 8. Nelson city council 9. South Taranaki District Council 10. Tasman District Council 11. South Wairarapa District Council 12. Taupo District Council 13. Tararua District Council 14. Masterton District Council 15. Horowhenua District Council 16. Central Otago District Council 17. Manukau Building Consultants 18. Kaikoura District Council Chris Henry Team Leader MDC Building Services 22