Fencing of Swimming Pools Hearings Panel

Open Minutes

 

 

Date:                                     Tuesday 13 September 2016

Time:                                    10:03am

Venue:                                 Committee Room 1, Level 2, Civic Offices,
53 Hereford Street, Christchurch

 

 

Present

Members

Councillor Yani Johanson

Councillor Glenn Livingstone

Councillor Pauline Cotter

 

 

13 September 2016

 

 

 

 

 

 

 

Mark Saunders

Hearings Adviser

941 6436

Mark.Saunders@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

13 September 2016

 

  

The agenda was dealt with in the following order.

 

1.   Election of Chairperson

 

Committee Resolved FEN/2016/00012

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

Councillor Cotter/Councillor Livingstone                                                                                                           Carried

    

2.   Hearing of Applications

The Hearings Panel received the following applications:

 

 

Applicant

Site Address

Spa Pools

1

Katherine Shute

25 Eaglesome Ave

2

John Frye

21 Glandovey Road

3

Andrew Logie

14 Luxton Place

4

Cliff Kinzett

80 MacKenzie Ave

5

Albert Collins

119 Metehau Street

6

Michael Seeley

24 Quaifes Road

7

Sally Easton

36 Stoke Street

Swimming Pools

8

Chul Min Kang

18A Lincoln Road

9

Michael Dormer

15A Clyde Road

10

Denis Adams

85 Grahams Road

11

Jonathan Leadbeater

68 Hawthornden Road

12

Geoffory Ward

236 Cashmere Road

13

Karen Eade

100 Brynley Street

14

Ray O’Brien

40 Larnach Street

15

Bruce Dunstan

4 Longhurst Terrace

 

 

 

3.   Hearings Panel Deliberations

1.              Committee Resolved FEN/2016/00013

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

 

Spa Pools

1

Katherine Shute

25 Eaglesome Ave

2

John Frye

21 Glandovey Road

3

Andrew Logie

14 Luxton Place

4

Cliff Kinzett

80 MacKenzie Ave

5

Albert Collins

119 Metehau Street

6

Michael Seeley

24 Quaifes Road

7

Sally Easton

36 Stoke Street

 

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

a.              The keys shall be stored away from the spa or at least 1.5 metres above the ground level.

b.             The owner shall ensure the spa pool fully complies 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 Cotter/Councillor Livingstone                                                                                                           Carried


 

4.              Committee Resolved FEN/2016/00014

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:

Chul Min Kang – 18 Lincoln Road

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

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

b.             The owners must notify the Council when the property is sold, at which time the exemption may be revoked.

c.              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. 

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

e.             The applicant be advised that the remainder of the immediate pool area must be fenced in accordance with the Fencing of Swimming Pools 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 Livingstone/Councillor Johanson                                                                                                     Carried


 

7.              Committee Resolved FEN/2016/00015

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:

Michael Dormer – 15A Clyde Street

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

a.              If the sliding door is to be used then a self-latching device must be fitted 1.5 metres above floor level.

b.             The door must remain locked at all time when not in use.

c.              The door in the pump room remains permanently fixed shut at all times unless maintenance is being carried out on pool equipment. 

d.             The owners must notify the Council when the property is sold, at which time the exemption may be revoked.

e.             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 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 Pools 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 Cotter/Councillor Livingstone                                                                                                           Carried


 

10.          Committee Resolved FEN/2016/00016

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:

Denis Adams – 85 Grahams Road

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

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

b.             The self-latching device remains installed at least 1.5 metres above floor level.

c.              The owners must notify the Council when the property is sold, at which time the exemption may be revoked. 

d.             The doors shall have the Council label (as detailed below) fitted at all times stating that the doors are part of the pool fence 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 Pools 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 Cotter                                                                                                               Carried


 

13.          Committee Resolved FEN/2016/00017

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:

Jonathan Leadbeater – 68 Hawthornden Road

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

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

b.             The self-latching device remains installed at least 1.5 metres above floor level.

c.              If the others slider is to be used then a self-latching device will be required.

d.             The owners must notify the Council when the property is sold, at which time the exemption may be revoked.

e.             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 Pools 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 Cotter                                                                                                               Carried


 

16.          Committee Resolved FEN/2016/00018

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:

Geoffrey Ward – 236 Cashmere Road

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

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

b.             A self-latching device is installed at least 1.5 metres from floor level on door leading into pool area.

c.              The owners must notify the Council when the property is sold, at which time the exemption may be revoked.

d.             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 Pools 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 Livingstone                                                                                                     Carried


 

19.          Committee Resolved FEN/2016/00019

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:

Karen Eade – 100 Brynley Street

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

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

b.             The owners must notify the Council when the property is sold, at which time the exemption may be revoked.

c.              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.

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

e.             The applicant be advised that the remainder of the immediate pool area must be fenced in accordance with the Fencing of Swimming Pools 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 Cotter                                                                                                               Carried


 

22.          Committee Resolved FEN/2016/00020

23.          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:

Ray O’Brien – 40 Larnach Street

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

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

b.             The self-latching device remains installed at least 1.5 metres above floor level.

c.              The owners must notify the Council when the property is sold, at which time the exemption may be revoked.

d.             The doors shall have the Council label ( as detailed below) fitted at all times stating that the door 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 Pools 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 Livingstone/Councillor Johanson                                                                                                     Carried


 

25.          Committee Resolved FEN/2016/00021

26.          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:

Bruce Dunstan – 4 Longhurst Terrace

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

a.              All sliding doors be locked at all times when not in use.

b.             The owners must notify the Council when the property is sold, at which time the exemption may be revoked.

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

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

e.             The applicant be advised that the remainder of the immediate pool area must be fenced in accordance with the Fencing of Swimming Pools 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 Cotter/Councillor Johanson                                                                                                               Carried

 

 

 

    

Meeting concluded at 10:41am.