Fencing of Swimming Pools Hearings Panel

Open Minutes

 

 

Date:                                     Friday 8 July 2016

Time:                                    8.30am

Venue:                                 Committee Room 2, Level 2, Civic Offices,
53 Hereford Street, Christchurch

 

 

Present

Members

Councillor Jamie Gough

Councillor Yani Johanson

Councillor Tim Scandrett

 

 

30 June 2016

 

 

 

 

 

Elizabeth Hovell

Hearings Adviser

941 8637

elizabeth.hovell@ccc.govt.nz

www.ccc.govt.nz

To view copies of Agendas and Minutes, visit:
www.ccc.govt.nz/Council/meetingminutes/agendas/index

 


Fencing of Swimming Pools Hearings Panel

08 July 2016

 

  

The agenda was dealt with in the following order.

 

1.   Election of Chairperson

 

Committee Resolved FEN/2016/00001

It was decided that Councillor Johanson be appointed Chairperson of the Fencing of Swimming Pools Hearings Panel.

Councillor Gough/Councillor Scandrett                                                                                                              Carried

    

2.   Hearing of Applications

The Hearings Panel received 58 Spa Pool Applications and 4 Swimming Pool Applications.

3.   Hearings Panel Deliberations

Spa Pools

1.              Committee Resolved FEN/2016/00002

2.              That exemptions be granted under section 6 of the Fencing of Swimming Pools Act 1987 from the requirements as set out in Clauses 8 to 10 of the              Schedule to the Act to the following applicants:

 

Applicant

Site Address

1

Richard Webster

20d Bossu Road

2

AM & AM Fahey Family Trust

39 Greenwood Close

3

Andrew James

23 Alderson Avenue

4

Linda Mears

16 Armour Place

5

Simon Murphy

26 Becmead Drive

6

Barry Armstrong

3B Bowenvale Avenue

7

Denise Frayle

126 Breezes Road

8

Bridie Henson

11A Brittan Terrace

9

Joy Dahoff

Unit 54, 28-30 Cathedral Square

10

Brendon Price

15 Chapter Street

11

Brent Williams

28 Chattertons Road

12

Robert Brown

16 Cottonwood Street

13

Grant Blackmore

34 Cholmondeley Avenue

14

Michael Epton

19A Cracroft Terrace

15

Eric Sutton

15 De Ville Place

16

Dean Murrell

107 Drayton Drive

17

Peter Sunny

32 Eureka Street

18

Darryl Moody

2 Evergreen Place

19

Hayley Newell

5 Fiona Place

20

Mark Phelan

25 Fountains Road

 

 

3.              That the exemptions include the following conditions which shall be advised to the applicants:

a.              The spa pool shall be covered and locked at all times when the spa is unoccupied and keys to the mechanical locking system shall be stowed away from the spa pool at a height of 1.5m above ground level.

b.             The spa pool shall fully comply with the provisions of NZS8500/2006/3.10 at all times.

c.              The owners must notify the Council if there is a change of occupancy at the property, or the property is sold, at which time the exemption shall be reviewed.

d.             The above conditions shall be complied with within 28 days of the date of the letter approving the exemption.

 

Councillor Johanson/Councillor Gough                                                                                                              Carried


 

 

4.              Committee Resolved FEN/2016/00003

5.              That exemptions be granted under section 6 of the Fencing of Swimming Pools Act 1987 from the requirements as set out in Clauses 8 to 10 of the              Schedule to the Act to the following applicants:

 

Applicant

Site Address

21

Mary & Barry White

3 Fuchsia Place

22

Edward Cook

27 Glandovey Road

23

Kashmir Trust

126 Hackthorne Road

24

Brent Sewell

47 Halswell Junction Road

25

Gary Bamford

5A Hanover Place

26

Tracey Challies

119 Heaton Street

27

Amanda Baylis

241 Hendersons Road

28

Paul Morrison

18 Joyce Crescent

29

Pauline Angus

52 Kent Lodge Avenue

30

Sarah Rooney

1 Kissel Street

31

Andrew Everist

12 Kotlowski Road

32

Bronwyn Varcoe

46 Leacroft Street

33

Richard Aiken

9 Menzies Street

34

Rachel Wells

75 Morgans Valley Road

35

Michael Payne

10 Nutfield Lane

36

Barry Ireland

10 Omeo Crescent

37

Toni Frew

381A Papanui Road

38

Kathrine Latimer

405 Pine Avenue

39

Tasman & Shirley Scott

317 Port Hills Road

40

Cameron McIntyre

35 Puriri Street

 

6.              That the exemptions include the following conditions which shall be advised to the applicants:

a.              The spa pool shall be covered and locked at all times when the spa is unoccupied and keys to the mechanical locking system shall be stowed away from the spa pool at a height of 1.5m above ground level.

b.             The spa pool shall fully comply with the provisions of NZS8500/2006/3.10 at all times.

c.              The owners must notify the Council if there is a change of occupancy at the property, or the property is sold, at which time the exemption shall be reviewed.

d.             The above conditions shall be complied with within 28 days of the date of the letter approving the exemption.

Councillor Gough/Councillor Scandrett                                                                                                              Carried

 


 

7.              Committee Resolved FEN/2016/00004

8.              That exemptions be granted under section 6 of the Fencing of Swimming Pools Act 1987 from the requirements as set out in Clauses 8 to 10 of the              Schedule to the Act to the following applicants:

 

Applicant

Site Address

41

Camilla Cockerton

54 Rayburn Avenue

(Councillor Scandrett declared a conflict of interest and did not take part in the decision making of this exemption)

42

Glen Hedges

11 Rocking Horse Road

43

Kirsty Frew

48 Rossmore Terrace

44

Michael Woodhouse

62 Rowley Avenue

45

Michael Bekhor

16 Roystone Way

46

Stacey & Janelle Hogan

387 Sawyers Arms Road

47

Heather Matthews

21 Shalamar Drive

48

Phillippa Conyers

28A Springwater Avenue

49

Mark Ericson

5 Stonewall Place

50

Doug Swanson

10 Taylors Avenue

51

Tim Field

8 The Ridge

52

Rene Spijkerman

10 Valley View Road

53

Robin Willis

324 Waimairi Road

54

Richard Richards

28 Waitikiri Square

55

Philip Ball

3 Willoughby Lane

56

Gary Burns

16 Whitau Place

57

Wade Blackburn & Kelia Parsons

47 Winfield Drive

58

Robert Gerring

38 Worsleys Road

 

9.              That the exemptions include the following conditions which shall be advised to the applicants:

a.              The spa pool shall be covered and locked at all times when the spa is unoccupied and keys to the mechanical locking system shall be stowed away from the spa pool at a height of 1.5m above ground level.

b.             The spa pool shall fully comply with the provisions of NZS8500/2006/3.10 at all times.

c.              The owners must notify the Council if there is a change of occupancy at the property, or the property is sold, at which time the exemption shall be reviewed.

d.             The above conditions shall be complied with within 28 days of the date of the letter approving the exemption.

Councillor Scandrett/Councillor Johanson                                                                                                        Carried

 


 

Swimming Pools

10.          Committee Resolved FEN/2016/00005

11.          That exemptions be granted under section 6 of the Fencing of Swimming Pools Act 1987 from the requirements as set out in Clauses 8 to 10 of the Schedule to the Act to the following applicants:

Glenda and Julian Harding, 392 Papanui Road

12.          The application be approved subject to the following conditions:

a.              The French doors be locked at all times when not in use.

b.             One leaf of the door shall be fixed shut while the other leaf shall self-close and self-latch at all times. The latching device shall remain installed at 1.5 metres above floor level.

c.              The owners must notify the Council when there is a change of occupancy at the property, or the property is sold, at which time the exemption may be revoked.

d.             If the glass pane that currently has the cat door breaks it is not be replaced with another cat door.

e.             All the doors shall have the Council label (as detailed below) fitted at all times stating that the doors are part of the pool fence and shall be kept closed at all times.

f.               The above conditions shall be complied with within 28 days of the date of the letter approving the exemption.

g.              The applicant be advised that the remainder of the immediate pool area must be fenced in accordance with the Fencing of Swimming Pool Act 1987 and Amendments and that the applicants attention be drawn to clause8(3) of the Act quoted below for benefit of determining his/her obligations under the Act.

“Every person who has possession of the property on which any pool to which this Act applies is situated shall ensure that the pool is not filled or partly filled with water at any time when the person knows or could reasonably be expected to know that any obligation imposed by this section on that or any other person is not being complied with.”


Councillor Scandrett/Councillor Gough                                                                                                              Carried

 


 

13.          Committee Resolved FEN/2016/00006

14.          That exemptions be granted under section 6 of the Fencing of Swimming Pools Act 1987 from the requirements as set out in Clauses 8 to 10 of the Schedule to the Act to the following applicants:

Piers Lehmann, 217 Governors Bay Teddington Road

15.          The application be approved subject to the following conditions:

a.              The sliding door is to be latched via the self-latching device at all times.

b.             All latching devices shall remain installed.

c.              The owners must notify the Council when there is a change of occupancy at the property, or the property is sold, at which time the exemption may be revoked.

d.             All the doors shall have the Council label (as detailed below) fitted at all times stating that the doors are part of the pool fence and shall be kept closed at all times.

e.             The above conditions shall be complied with within 28 days of the date of the letter approving the exemption.

f.               The applicant be advised that the remainder of the immediate pool area must be fenced in accordance with the Fencing of Swimming Pool Act 1987 and Amendments and that the applicants attention be drawn to clause8(3) of the Act quoted below for benefit of determining his/her obligations under the Act.

“Every person who has possession of the property on which any pool to which this Act applies is situated shall ensure that the pool is not filled or partly filled with water at any time when the person knows or could reasonably be expected to know that any obligation imposed by this section on that or any other person is not being complied with.”

Councillor Johanson/Councillor Scandrett                                                                                                        Carried

 


 

16.          Committee Resolved FEN/2016/00007

17.          That exemptions be granted under section 6 of the Fencing of Swimming Pools Act 1987 from the requirements as set out in Clauses 8 to 10 of the Schedule to the Act to the following applicants:

Mark Wareing, 35 Rossall Street

18.          The application be approved subject to the following conditions:

a.              The door is to be locked at all times when not in use.

b.             A latching device shall be installed 1.5 metres above floor level.

c.              The owners must notify the Council when there is a change of occupancy at the property, or the property is sold, at which time the exemption may be revoked.

d.             All the doors shall have the Council label (as detailed below) fitted at all times stating that the doors are part of the pool fence and shall be kept closed at all times.

e.             The above conditions shall be complied with within 28 days of the date of the letter approving the exemption.

f.               The applicant be advised that the remainder of the immediate pool area must be fenced in accordance with the Fencing of Swimming Pool Act 1987 and Amendments and that the applicants attention be drawn to clause8(3) of the Act quoted below for benefit of determining his/her obligations under the Act.

“Every person who has possession of the property on which any pool to which this Act applies is situated shall ensure that the pool is not filled or partly filled with water at any time when the person knows or could reasonably be expected to know that any obligation imposed by this section on that or any other person is not being complied with.”

Councillor Gough/Councillor Scandrett                                                                                                              Carried

 


 

19.          Committee Resolved FEN/2016/00008

20.          That exemptions be granted under section 6 of the Fencing of Swimming Pools Act 1987 from the requirements as set out in Clauses 8 to 10 of the Schedule to the Act to the following applicants:

Katherine Ferguson, 6 Ngahere Street

21.          The application be approved subject to the following conditions:

a.              The door to be locked at all times when not in use.

b.             A latching device shall be installed at 1.5 metre above floor level.

c.              The owners must notify the Council when there is a change of occupancy at the property, or the property is sold, at which time the exemption may be revoked.

d.             All the doors shall have the Council label (as detailed below) fitted at all times stating that the doors are part of the pool fence and shall be kept closed at all times.

e.             The above conditions shall be complied with within 28 days of the date of the letter approving the exemption.

f.               The applicant be advised that the remainder of the immediate pool area must be fenced in accordance with the Fencing of Swimming Pool Act 1987 and Amendments and that the applicants attention be drawn to clause8(3) of the Act quoted below for benefit of determining his/her obligations under the Act.

“Every person who has possession of the property on which any pool to which this Act applies is situated shall ensure that the pool is not filled or partly filled with water at any time when the person knows or could reasonably be expected to know that any obligation imposed by this section on that or any other person is not being complied with.”

Councillor Johanson/Councillor Gough                                                                                                              Carried

 

 

 

 

 

    

Meeting concluded at 9.32am