UNCONFIRMED Minutes of the Regulatory Committee Date 24 November 2016 Venue Council Chamber 515 Mackay Street Thames Present MK McLean JP (Chairperson) PA Brljevich GR Simpson SL Christie J Bartley In attendance Name Barry Smedts, Corinne Hamlin, Ariana Wickliffe, Lisa Madgwick. Meeting commenced 09:00 Adjournments and absences Adjournment Start Finish Reason Chairperson 10:00 10:25 Morning tea
Table of Contents Item Business Page No. 1 Meeting conduct 3 1.1 Apologies 3 1.2 Public forum 3 1.3 Items not on the agenda 3 1.4 Conflict of interest 3 2 Applications for special exemption to the Fencing of Swimming Pools Act 1987 3 2.1 Fencing of Swimming Pools Act 1987 exemption application for 8 Hei Esplanade Whitianga 3 2.2 Fencing of Swimming Pools Act 1987 exemption application for 73 Radar Rd Hot Water Beach 4 2.3 Fencing of Swimming Pools Act 1987 exemption application for 162J Whitipirorua Onemana 4 2.4 Fencing of Swimming Pools Act 1987 exemption application for 162E Whitipirorua Onemana 4 2.5 Fencing of Swimming Pools Act 1987 exemption application for 2751 Long Bay Rd Coromandel 5 2.6 Fencing of Swimming Pools Act 1987 exemption application for 113 Mill Creek Rd Whitianga 5 2.7 Fencing of Swimming Pools Act 1987 exemption application for 318-324 Hetherington Rd Whangamata 6 2.8 Fencing of Swimming Pools Act 1987 exemption application for 137 Barbara Ave Whangamata 6 2.9 Fencing of Swimming Pools Act 1987 exemption application for 22 Courtney Pl Pauanui 6 2.10 Fencing of Swimming Pools Act 1987 exemption application for 117 Oratia Pl Onemana 7 2.11 Fencing of Swimming Pools Act 1987 exemption application for 35 Golden Hills Dr Pauanui 7 2.12 Fencing of Swimming Pools Act 1987 exemption application for 201 Heale St Thames 7 2.13 Fencing of Swimming Pools Act 1987 exemption application for 82 Grange Rd Hahei 8 UNCONFIRMED 2
1 Meeting conduct 1.1 Apologies All members were present. 1.2 Public forum There were no speakers in the public forum. 1.3 Items not on the agenda No further items were added to the agenda. 1.4 Conflict of interest No conflicts of interest were declared. 2 Applications for special exemption to the Fencing of Swimming Pools Act 1987 Staff noted that the special exemptions to be considered at this meeting were expected to be the last time for the Committee. Corinne Hamlin, Building Unit Manager noted the Fencing of Swimming Pool Act 1987 was to be repealed and included in section F of the Building Act 2004 which would give this decision-making to staff. Staff explained the changes included some flexibility but the intent was to put more responsibility on the manufacturers to provide compliant and safe equipment. Some members noted they were aware of previous Committees decisions and acknowledged that staff had no option but to decline in requirement of the Act. 2.1 Fencing of Swimming Pools Act 1987 exemption application for 8 Hei Esplanade Whitianga Chairperson McLean noted that he had carried out (with Tom Fox), the Council's Building Compliance Officer, (site inspections last week). 67/16 Resolved 1987-8 Hei Esplanade, Whitianga' report, dated 9 November 2016. 2. Grants to Waterway Lodge Ltd a special exemption for the doors at 8 Hei Esplanade, Whitianga under the condition that the doors are kept child-safe (not be able to readily UNCONFIRMED 3
be opened by children) and the pool alarm is maintained and operable when the pool is not in use. Moved/seconded by: McLean/Christie 2.2 Fencing of Swimming Pools Act 1987 exemption application for 73 Radar Rd Hot Water Beach Chair McLean completed a site visit at the property with compliance staff and noted the presence of a spa pool. He advised that the spa pool met the requirements of NZS 8500-2006 and could also be granted an exemption. 68/16 Resolved 1987-73 Radar Road, Hot Water Beach' report dated 31 October 2016. 2. Grants to Jilian and Gordon Reynolds a special exemption for the doors at 73 Radar Road, Hot Water Beach under the condition that the doors are kept child-safe subject to the owner (not be able to readily be opened by children) and the pool alarm is maintained and operable when the pool is not in use. 3. Grants to Jilian and Gordon Reynolds a special exemption for the spa pool fence at 73 Radar Road, Hot Water Beach, on the condition that they maintain the locks, signage and load bearing lids, and that compliance with NZS 8500-2006 is maintained at all times. Moved/seconded by Simpson/Christie 2.3 Fencing of Swimming Pools Act 1987 exemption application for 162J Whitipirorua Rd, Onemana Chair McLean advised the Committee that during the inspection it was noted that mitigating measures had been taken regarding the application at 162J Whitipirorua Road, Onemana. 69/16 Resolved 1987-162J Whitipirorua Road, Onemana' report dated 31 October 2016. 2. Grants to Peter and Unni Nielsen a special exemption for the doors at 162J Whitipirorua Road, Onemana under the condition that the doors are kept child-safe (not be able to readily be opened by children) and the pool alarm is maintained and operable when the pool is not in use. Moved/seconded by Brljevich/Simpson 2.4 Fencing of Swimming Pools Act 1987 exemption application for 162E Whitipirorua Rd, Onemana Chair McLean advised the Committee that during the inspection it was noted that mitigating measures had been taken regarding the application at 162E Whitipirorua Road, Onemana. UNCONFIRMED 4
70/16 Resolved 1987-162E Whitipirorua Road, Onemana' report dated 31 October 2016. 2. Grants to Peter and Unni Nielsen a special exemption for the doors at 162E Whitipirorua Road, Onemana under the condition that the doors are kept child-safe (not be able to readily be opened by children) and the pool alarm is maintained and operable when the pool is not in use. Moved/seconded by Simpson/Christie 2.5 Fencing of Swimming Pools Act 1987 exemption application for 2751 Long Bay Rd, Coromandel 71/16 Resolved 1987-2751 Long Bay Road, Coromandel' report dated 31 October 2016. 2. Declines the request to Caron Steffert (on behalf of Coromandel Holiday Park) for a special exemption for the pool's fence at 2751 Long Bay Road, Coromandel. Moved/seconded by Brljevich/McLean 2.6 Fencing of Swimming Pools Act 1987 exemption application for 113 Mill Creek Rd, Whitianga Chair McLean completed a site visit at the property with compliance staff and noted the presence of a spa pool. He advised that the spa pool met the requirements of NZS 8500-2006 and could also be granted an exemption. 72/16 Resolved 1987-113 Mill Creek Road, Whitianga' report dated 31 October 2016. 2. Grants Russel and Judith Clague a special exemption for the doors at 113 Mill Creek Road, Whitianga under the condition that the doors are kept child-safe (not be able to readily be opened by children) and the pool alarm is maintained and operable when the pool is not in use. 3. Grants to Russel and Judith Clague a special exemption for the spa pool fence at 113 Mill Creek Road, Whitianga, on the condition that they maintain the locks, signage and load bearing lids, and that compliance with NZS 8500-2006 is maintained at all times. Moved/seconded by McLean/Simpson UNCONFIRMED 5
2.7 Fencing of Swimming Pools Act 1987 exemption application for 318-324 Hetherington Rd, Whangamata The Committee requested additional information and staff tabled, following an adjournment, the last inspection that noted the owners had been informed that they were non-compliant in 2011. The Committee noted that because this information was made available to the owners and there had been opportunity for them to comply, the request would be declined. 73/16 Resolved 1987-318-324 Hetherington Road, Whangamata' report dated 31 October 2016. 2. Declines the request to Marie and Doug Bunyan for special exemption for the pool's fence at 318-324 Hetherington Rd, Whangamata. Moved/seconded by: McLean/Simpson 2.8 Fencing of Swimming Pools Act 1987 exemption application for 137 Barbara Ave, Whangamata 74/16 Resolved 1987-137 Barbara Road, Whangamata' report. 2. Declines the request to Tony Scragg for special exemption for the pool's fence at 137 Barbara Road, Whangamata. Moved/seconded by: McLean/Simpson 2.9 Fencing of Swimming Pools Act 1987 exemption application for 22 Courtney Pl, Pauanui 75/16 Resolved 1987-22 Courtney Place, Pauanui' report dated 31 October 2016. 2. Grants to Don Bowater a special exemption for the spa pool at 22 Courtney Place, Pauanui under the condition that compliance with NZS 8500-2006 is maintained at all times. Moved/seconded by: Brljevich/Christie UNCONFIRMED 6
2.10 Fencing of Swimming Pools Act 1987 exemption application for 117 Oratia Pl, Onemana Chair McLean advised that the spa pool met the requirements of NZS 8500-2006 and noted recommended it also be granted an exemption. 76/16 Resolved 1. Receives the ' Application for Special Exemption to the Fencing of Swimming Pools Act 1987-117 Oratia Place, Onemana' report dated 31 October 2016. 2. Grants to Clive Couldwell a special exemption for the spa pool fence at 117 Oratia Place, Onemana on the condition that they maintain the locks, signage and load bearing lids, and that compliance with NZS 8500-2006 is maintained at all times. Moved/Seconded By: McLean/Christie 2.11 Fencing of Swimming Pools Act 1987 exemption application for 35 Golden Hills Dr, Pauanui 77/16 Resolved 1. Receives the ' Application for Special Exemption to the Fencing of Swimming Pools Act 1987-35 Golden Hills Dr, Pauanui' report, dated 31 October 2016. 2. Grants to N and Y Wright a special exemption for the spa pool at 35 Golden Hills Drive, Pauanui, on the condition that they maintain the locks, signage and load bearing lids, and that compliance with NZS 8500-2006 is maintained at all times. Moved/seconded by: Simpson/Christie 2.12 Fencing of Swimming Pools Act 1987 exemption application for 201 Heale St, Thames The Committee acknowledged that the owner had made an effort to comply, however the fence at the rear of the property and the area adjacent to the pool still did not comply. The Committee requested that staff work with the owners to gain compliance. 78/16 Resolved 1. Receives the ' Application for Special Exemption to the Fencing of Swimming Pools Act 1987-201 Heale Street, Thames' report, dated 31 October 2016. 2. Declines the request to MK and VA Saunders for special exemption for the pool's fence at 201 Heale Street, Thames. Moved/seconded by: Christie/McLean UNCONFIRMED 7
2.13 Fencing of Swimming Pools Act 1987 exemption application 82 Grange Rd, Hahei Chair McLean completed a site visit at the property with compliance staff and noted the presence of a spa pool. He advised that the spa pool met the requirements of NZS 8500-2006 and could also be granted an exemption. 79/16 Resolved 1987-82 Grange Road, Hahei' report dated 9 November 2016. 2. Grants to L Henry on behalf of the Henry Trust a special exemption for the doors at 82 Grange Road, Hahei under the condition that the doors are kept child-safe (not be able to readily be opened by children) and the pool alarm is maintained and operable when the pool is not in use. 3. Grants to L Henry a special exemption for the spa pool at 82 Grange Road, Hahei, on the condition that they maintain the locks, signage and load bearing lids, and that compliance with NZS 8500-2006 is maintained at all times. Moved/seconded by: McLean/Simpson Meeting closed at 10:50am The foregoing minutes were certified as being a true and correct record of the meeting of the Regulatory Committee held on 24 November 2016. Chairperson Date UNCONFIRMED 8