HAURAKI DISTRICT COUNCIL

HEARINGS COMMITTEE

　

MINUTES OF A MEETING OF THE HEARINGS COMMITTEE HELD IN THE COUNCIL CHAMBERS, WILLIAM STREET, PAEROA ON THURSDAY 11 JUNE 2008 COMMENCING AT 1.05PM

　

PRESENT

Crs D M Carmine (Chairperson), B A Gordon, J M Bubb and G R Leonard
　 　

IN ATTENDANCE

Messrs P Thom (Manager, Planning and Environmental Services),  K Thompson (District Engineer), M van Steenbergen (District Planner),  R Bierre (Regulatory Manager Services), G East (Monitoring Officer/) and Ms C Black (Council Secretary)

APOLOGIES

There were no apologies.

　

LATE ITEMS

There were no late items.

　

APPLICATIONS FOR EXEMPTION UNDER SECTION 6 FENCING OF SWIMMING POOLS ACT 1987

MR M LENART, 47 KON TIKI ROAD, WHIRITOA (409372) (26KB)

The applicant is seeking an exemption from all the fencing requirements of the Fencing of Swimming Pools Act 1987 for his swimming pool.

A detailed report from the Monitoring Officer including supporting documents was presented.

The hearing commenced at 1.10pm

Staff Report

Mr Lenart has a swimming pool on his property at 47 Kon Tiki Road, Whiritoa, which is presently full of water. The pool area has a pool fence that complies with the Fencing of Swimming Pools Act, but there is direct access via a sliding door from the dwelling into the pool area. Council staff carried out an inspection of the property on the 19th May 2008 and noted the non compliance in that there was no exemption or waiver in place for the door opening directly into the pool area from the dwelling. An application has been received from Mr Lenart seeking a waiver from the fencing requirements where the sliding door from the dwelling opens into the pool area. Photographs will be presented at the hearing.

The door that opens directly into the pool area from the dwelling has a securing device fitted above the floor which can not be reached by a child under the age of 6 years old, as allowed under clause 11 of the Schedule to the Act, nevertheless this needs to be specifically approved by Council under section 6 of the Act. The securing device is capable of being locked.

The hearing closed at 1.15pm

The Chairperson advised that Council’s decision was reserved until it had considered the evidence presented and all other relevant matters.

DECISION

MR M LENART, 47 KON TIKI ROAD, WHIRITOA

After considering all the evidence the Committee:

RESOLVED

THAT the request from Mr Lenart seeking a waiver from the requirement of Clauses 8 to 10 of the Schedule to the Act be granted on the grounds that it would be unreasonable for the access to the pool from the house to comply with the Act. Clause 11 of the Schedule to the Act allows for this specific situation on condition that the doors are fitted with a lock that, when properly operated, prevents the door from being opened by children under 6 years of age. Allowing the exemption would not significantly increase danger to young children.

The waiver is subject to the following conditions:

That all doors with access from the dwelling into the pool area be fitted with a key operated lock that when properly operated prevents the door from being readily opened by children under the age of 6 years. All windows opening out into the pool area are to be fitted with an inhibiting device to prevent the window being opened more than 100mm.

That the door with access from the dwelling into the pool area is locked shut when the pool is not under adult supervision.

That the decision of Council be entered on the title of the land for the information of a future owner.

That in every other respect the pool and fencing complies with the Fencing of Swimming Pools Act 1987.

HC08/38 Carmine/Bubb CARRIED

　

MRS HAZELL, 30A CLAREMONT AVENEUE, PAEROA (409380) (28KB)

The applicant is seeking an exemption from all the fencing requirements of the Fencing of Swimming Pools Act 1987 for her swimming pool.

A detailed report from the Monitoring Officer including supporting documents was presented.

The hearing commenced at 1.20pm

Staff Report

Mrs Hazell has a swimming pool on her property at 30A Claremont Avenue, Paeroa, which is presently full of water. The pool area has a pool fence that complies in part with the Fencing of Swimming Pools Act, but there is direct access via a boundary gate from the road frontage into the pool area. Council staff carried out an inspection of the property on the 22nd May 2008 and noted the non compliance in that there was no exemption or waiver in place for the boundary gate opening directly into the pool area from the exterior of the pool fencing. An application has been received from Mrs Hazell seeking a waiver from the fencing requirements where the boundary gate opens into the pool area. Photographs of the pool area were presented for the Committee’s consideration.

The gate that opens directly into the pool area has two securing devices fitted that render the gate inoperable from the outside and that can not be reached by a child under the age of 6 years old, nevertheless this needs to be specifically approved by Council under section 6 of the Act. The securing devices are capable of being locked.

The pool area is effectively fenced off from access by children. The boundary gate is 1.5m in height solidly built and screens the pool from view to the public. There are two locks that render the gate inoperable that cannot be reached by children 6 years old or under.

Mr Bierre was in attendance and commented that the gate entering the pool area does not meet the requirements of the Act as it is not self closing. He considered if the gate is not altered to be self closing, a fence should be constructed in its place to comply with the Act.

After consideration, the Committee agreed that the applicants be invited to appear before the Committee to discuss the issue of the non-compliant gate accessing the pool area before any decision is made on the application.

The hearing adjourned at 1.25pm

 

J BURNDRED, 14 PROSPECT TERRACE, PAEROA (411818) (25KB)

The applicant is seeking an exemption from all the fencing requirements of the Fencing of Swimming Pools Act 1987 for their swimming pool.

A detailed report from the Monitoring Officer including supporting document was presented.

The hearing commenced at 1.30pm

Staff Report

Mr & Mrs Burndred have a swimming pool on their property at 14 Prospect Tce, Paeroa, which is presently full of water. The pool area has a pool fence that complies with the Fencing of Swimming Pools Act, but there is direct access via doors from the sleep-out into the pool area. Council staff carried out an inspection of the property on the 4th June 2008 and noted the non compliance in that there was no exemption/waiver in place for the doors opening directly into the pool area from the sleep-out. An application has been received from the Burndred’s seeking a waiver from the fencing requirements where the doors from the sleep-out open into the pool area. Photographs will be presented at the hearing.

The doors that open directly into the pool area from the sleep out have securing devices fitted above the floor which can not be reached by a child under the age of 6 years old, as allowed under clause 11 of the Schedule to the Act, nevertheless this needs to be specifically approved by Council under section 6 of the Act. The securing devices are capable of being key locked.

The pool area is effectively fenced off from access by children other than those staying as invited guests, and therefore under the supervision of the house owner. It should be noted however, that if children younger than 6 years of age were staying in the sleep out they could gain direct access to the pool if not supervised. The main access to the house for the public is via a separate door other than the doors from the sleep-out to the pool area.

The Committee was concerned that if children are unsupervised in the sleep-out, there is a risk of a child entering the pool without the knowledge of an adult.

After further discussion, it was agreed that the application be approved on the grounds that as the sleep-out is directly opening onto the pool area, children would be under adult supervision.

The hearing closed at 1.40pm

The Chairperson advised that Council’s decision was reserved until it had considered the evidence presented and all other relevant matters.

DECISION

J BURNDRED, 14 PROSPECT TERRACE, PAEROA

After considering all the evidence the Committee:

RESOLVED

THAT the request from Mr & Mrs Burndred seeking a waiver from the requirement of Clauses 8 to 10 of the Schedule to the Act be granted on the grounds that it would be unreasonable for the access to the pool from the sleep-out to comply with the Act. Clause 11 of the Schedule to the Act allows for this specific situation on condition that the doors are fitted with a lock that, when properly operated, prevents the doors from being opened by children under 6 years of age. Allowing the exemption would not significantly increase danger to young children.

The waiver is subject to the following conditions:

That all doors with access from the sleep out into the pool area be fitted with a key operated lock that when properly operated prevents the door from being readily opened by children under the age of 6 years.

That the doors with access from the sleep out into the pool area are locked shut when the pool is not under adult supervision.

That the decision of Council be entered on the title of the land for the information of a future owner.

That in every other respect the pool and fencing complies with the Fencing of Swimming Pools Act 1987.

HC08/39 Leonard/Bubb CARRIED

　

DRAFT SUBMISSION ON REVIEW OF THE FENCING OF SWIMMING POOLS ACT 1987.

Russell Bierre requested the Hearings Committee’s consideration of Councils submission to the Department of Building and Housing review of the Fencing of Swimming Pools Act 1987. Mr Bierre presented the Committee with a copy of the draft submission which was emailed to the Committee prior to the meeting and asked that they provide their feedback on the draft.

After consideration of the draft submission, the Committee agreed that Councils submission on the operational issues identified with the Fencing of Swimming Pools Act 1987 be submitted to the Department of Building and Housing by the due date of the 30th June 2008.

　

The meeting closed at 2.00pm.

　

CONFIRMED

　　　

　

D M Carmine

Chairperson

July 2008