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MEETING AGENDA REGULATORY COMMITTEE Thursday 12 February 2015 at 4.30 PM Council Chamber Chairperson: Cr Shaun Biesiek Members: Cr Gordon Brown Cr Grant Coward Cr Heather Dodunski Cr Richard Handley Cr Richard Jordan Cr Marie Pearce Mayor Andrew Judd REGULATORY COMMITTEE THURSDAY 12 FEBRUARY 2015 REGULATORY COMMITTEE Purpose: a) Ensure effective and efficient exercise of statutory regulatory functions, implementation of the district Plan and enforcement of the Council’s bylaws. b) To oversee, coordinate and direct the development and, where appropriate, the review of the district plan. Addressing the committee Members of the public have an opportunity to address the committee during the public forum section or as a deputation. A public forum section of up to 30 minutes precedes all committee meetings. Each speaker during the public forum section of a meeting may speak for up to 10 minutes. In the case of a group a maximum of 20 minutes will be allowed. A request to make a deputation should be made to the secretariat within two working days before the meeting. The chairperson will decide whether your deputation is accepted. The chairperson may approve a shorter notice period. No more than four members of a deputation may address a meeting. A limit of 10 minutes is placed on a speaker making a presentation. In the case of a group a maximum of 20 minutes will be allowed. Purpose of Local Government The reports contained in this agenda address the requirements of the Local Government Act 2002 in relation to decision making. Unless otherwise stated, the recommended option outlined in each report meets the purpose of local government and: • Will help meet the current and future needs of communities for good-quality local infrastructure, local public services, and performance of regulatory functions in a way that is most cost-effective for households and businesses; • Would not alter significantly the intended level of service provision for any significant activity undertaken by or on behalf of the Council, or transfer the ownership or control of a strategic asset to or from the Council. Regulatory Committee Thursday 12 February 2015 REGULATORY COMMITTEE THURSDAY 12 FEBRUARY 2015 APOLOGIES None advised. DECLARATIONS OF INTEREST Elected members to indicate any conflicts of interest. PUBLIC FORUM None advised. DEPUTATIONS None advised. COMMITTEE MINUTES RECOMMENDATION That the minutes of the Regulatory Committee (Thursday 4 December 2014), and the proceedings of the said meeting, as previously circulated, be taken as read and confirmed as a true and correct record. A ITEMS FOR DECISION BY COMMITTEE A1 EXEMPTIONS FROM FENCING OF SWIMMING POOLS The purpose of this report is to seek approval to grant special exemptions for a number of applications from the requirement for spa pools to be fenced pursuant to section 6 of the Fencing of Swimming Pools Act. A2 PARKING PROHIBITIONS & RESTRICTIONS CARRINGTON STREET WALKING & CYCLING The matter for consideration by the Council is the endorsement of the proposed walking and cycling improvements scheme for Carrington Street and the associated parking prohibitions and restrictions between Courtenay Street and Flight Place. A3 TEMPORARY ROAD CLOSURE – INGLEWOOD FIRST AMERICARNA The matter for consideration by the New Plymouth District Council is to recommend the temporary closure of roads in Inglewood to enable Inglewood First to hold Americarna Inglewood. Regulatory Committee Thursday 12 February 2015 REGULATORY COMMITTEE THURSDAY 12 FEBRUARY 2015 A4 TEMPORARY ROAD CLOSURES – TARANAKI CAR CLUB The matter for consideration by the New Plymouth District Council is to recommend the temporary closure of roads in the New Plymouth District to enable the Taranaki Car Club to hold four separate motorsport events. A5 TEMPORARY ROAD CLOSURES – GET UP FESTIVAL The matter for consideration by New Plymouth District Council is to recommend the temporary closure of roads surrounding Huatoki Plaza to enable the Get Up Festival an urban street art event, to take place. A6 CUSTOMER AND REGULATORY SERVICES QUARTERLY ACTIVITY REPORT The purpose of this report is to provide information to Council on current activity levels within the regulatory services. A7 PARKING PROHIBITIONS, RESTRICTIONS, BUS STOPS AND TRAFFIC CONTROL MEASURES The matter for consideration by the Council is the creation of parking prohibitions, restrictions, bus stops and traffic control measures at various locations within New Plymouth. A8 PARKING PROHIBITIONS, RESTRICTIONS, BUS STOPS AND TRAFFIC CONTROL MEASURES The matter for consideration by the Council is the creation of parking prohibitions, restrictions and traffic control measures at various locations within New Plymouth. A9 DISTRICT PETROLEUM ACTIVITY UPDATE An update on petroleum activity matters within or affecting this District and its communities. A10 NZ PETROLEUM & MINERALS – PETROLEUM EXPLORATION BLOCK OFFER 2015 CONSULTATION Petroleum exploration Block Offer 2015 has been released by NZ Petroleum & Minerals (NZPM) inviting submissions from affected local authorities on matters of concern. Submissions close 9 February 2015. Regulatory Committee Thursday 12 February 2015 1 ITEM FOR DECISION ITEM A1 EXEMPTIONS FROM FENCING OF SWIMMING POOLS PREPARED BY: Lois McNeil (Swimming Pools Compliance Officer) TEAM: Building APPROVED BY: Peter Scantlebury (Manager Building) WARD/COMMUNITY: District Wide DATE: 16 December 2014 FILE REFERENCE: Document Set ID 6101635 PURPOSE The purpose of this report is to seek approval to grant special exemptions for a number of applications from the requirement for spa pools to be fenced pursuant to section 6 of the Fencing of Swimming Pools Act. RECOMMENDATION That, having considered all matters raised in the report, the Council: a) Grants, subject to the conditions set out below, special exemptions pursuant to section 6(1) of the Fencing of Swimming Pools Act 1987 for the following spa pools: 1. Spa pool at 171 Coronation Avenue, New Plymouth 2. Spa pool at 167B Brooklands Road, New Plymouth 3. Spa pool at 58 Brooklands Road, New Plymouth 4. Spa pool at 7B Welbourn Terrace, New Plymouth 5. Spa pool at 184 Tukapa Street, New Plymouth 6. Spa pool at 21 Mill Road, New Plymouth 7. Spa pool at 19A Dixon Street, Oakura 8. Spa pool at 62 Gilbert Street/2 Ridge Lane, New Plymouth 9. Spa pool at 112B Princess Street, Waitara 10. Spa pool at 170 Lemon Street, New Plymouth 11. Spa pool at 617 Kaipikari Road Upper, Urenui 12. Spa pool at 11 Lismore Street, New Plymouth 13. Spa pool at 1 French Street, New Plymouth 14. Spa pool at 238 Mangorei Road, New Plymouth 15. Spa pool at 35 Mill Road, New Plymouth 16. Spa pool at 18 Doralto Road, New Plymouth 17. Spa pool at 35 Manu Crescent, New Plymouth 18. Spa pool at 331 Smart Road, New Plymouth 19. Spa pool at 338 Smart Road, New Plymouth Regulatory Committee Thursday 12 February 2015 2 ITEM A1 ITEM FOR DECISION For each of the spa pool special exemptions above the Council imposes the following conditions which apply when the pool is full or partially full of water and not in use: 1. The top of the spa or hot tub stands at least 760 mm above the surrounding ground or deck. 2. The cover will be locked and clear of any climbable object (including the steps). 3. The locks shall not be able to be readily opened or released by a child of up to the age of six years. 4. When locked, the cover shall be fitted so that if lifted it does not release the locking device or provide an opening greater than 100 mm. 5. The cover shall be made of a material that if walked on cannot collapse and can withstand the weight of at least 20 kg to ensure that it will carry more than the weight of a child up to six years of age. 6. The cover shall be tapered from the centre hinge to the out edge of the cover so that water will not pond on top of it. 7. The cover, clips and locks shall be maintained at all times in a good state of repair. 8. A warning sticker shall be placed on the cover to advise that it shall be locked in place with the spa pool or hot tub is not being used or supervised. 9. Removable steps, moveable furniture, or other objects that can assist a young child to climb on the cover, shall be stored away at least 1200mm from the side of the pool. SIGNIFICANCE This matter has been assessed as having some importance because the options considered will have no impact on levels of service or the Council’s ability to perform its role and carry out its activities. DISCUSSION The Fencing of Swimming Pools Act 1987 (the Act) requires all pool owners to ensure that their pool is fenced by a fence that complies with the requirements of the New Zealand Building Code. A spa pool and hot tub is included in the definition of a swimming pool. Section 6(1) of the Act enables the Council to grant an exemption from some or all of the requirements of the Act in the case of fencing any particular pool so long as the exemption would not significantly increase danger to young children. Regulatory Committee Thursday 12 February 2015 3 ITEM FOR DECISION ITEM A1 The Council has delegated its powers and functions of section 6 of the Act to the Regulatory Committee. The legislation does not provide for the delegation of this power to officers. Each individual application has been assessed against the requirements and safety considerations of the Act and officers consider that the safety conditions set out in the recommendation of this report are reasonable in the circumstances. The conditions are sufficient as safety measures to ensure that the omission of a fence does not significantly increase the danger to young children and therefore complies with the requirements of section 6(1) of the Act.
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