MARCH 2015

RULES REDUCTION TASKFORCE?

I am not too sure what the Government is up to with this new Department? Formed apparently with the goal of (supposedly) reducing the RED TAPE of legislation regarding the construction industry. Including the Swimming Pool Construction Industry!

It has long been my contention that a home swimming pool should be relegated as 'Minor Works' and 'Rubber Stamped' for Building Approvals. Just the Town Planning requirements should be considered.

Swimming pools never (or hardly ever) cast a shadow on the next door property, should never have been classed as 'impermeable' (obviously by someone 'in authority' who never actually considered them - like the rain that falls on the pool would have fallen on the grass it replaced, so if the pool 'overflows' - So What.) and pools included in 'ground coverage' calculations i.e. "it's a building", when it should be classed as a 'recreational area' like the 6 meter circular lawn space required on properties.

Pool design and structural calculations are required from a Professional Structural Engineer and this Engineer must be Certified as competent on the Council's list of 'approved' people.  Inclusion on the list may be conditional on the Professional Engineer's agreement with the Council's engineer's ideas on structural engineering.

So why do Council then go and have these Professional Engineer's designs & calcs checked by 'their own' Staff Engineers - many of whom are either new Kiwis, recent Graduates, or 'Old School' boys who were there when Noah put his Building Approval application in for the Ark. Why do these professional people's work 'have to be checked' - and insultingly, not apparently by their peers? There have been rumours circulating that a few professional engineers are somewhat miffed by this situation, but don't feel it's their place to say anything. So the situation continues .......

Here's an opportunity for the 'People' to have their say. click these links to read more:

Stakeholder's Letter
RRT Postcard

or go to this web site for the official Government position:
https://www.govt.nz/browse/housing-and-property/renovating-and-building/rules-reduction-submissions

POOL DROWNING: 19 MONTH CHILD DIES IN UNFENCED NORTHLAND POOL

It's hard to hear new like this: For all the years - decades - the New Zealand swimming pool industry and its various Trade Organisations have supported and encouraged compliant pool fencing, an innocent 19 month-old toddler's life is cut short by an unfenced home swimming pool in the provinces. Terribly sad for the family, but surely "an accident waiting to happen" with no thought of restricting access from the residence to the back-yard swimming pool - and not unreasonably, no responsible adult watching the child (as very easily happens, historical evidence has shown.)

My sincere condolences to the family. They patently had no cognisance of the possibility of such a tragic occurrence - but equally wouldn't the Local Council have some responsibility here as well? Aren't there any checks made on unpermitted construction sites, or is this an impossible task in such a remote and isolated rural area? More detail would be useful.

As an industry, we are constantly at risk of increasing compliance requirements pushed by the 'Water Safety' people due to incidents like this.

No doubt the cry will be for 'More Pool Fencing' and 'Ring-Fence every pool" when statistically, there have been zero drownings in FoSPA compliant swimming pools since the introduction of the Fencing of Swimming Pools Act 1987. Every unfortunate drowning event in the past 28 years since the introduction of the FoSPA Act has been in an 'unfenced or uncompliant swimming or spa pool'. Sadly, detailed statistics on 'pool drownings' are not accurately kept, so establishing 'what kind of pool - or spa pool' was involved, and 'was it fenced, faulty fence or not fenced' etc. is not able to be established. Hence the cry "RING FENCE ALL POOLS" will soon ring out. Such a Law wouldn't have helped in the above case.

NO POOL FENCE COMPLIANCE CERTIFICATE - NO HOUSE SALE!

Following serious concerns about a shortage of certifiers and a backlog of non-compliant swimming pools, the NSW Government has delayed the requirement for pool compliance certificates by another 12 months.

This is the second time the government has delayed the deadline. The original deadline was April 29, 2014, then April 29, 2015, and now it is April 29, 2016. The first extension was made three weeks before the deadline; this time homeowners have been given slightly more than two months notice.

See the upcoming edition 98 of SPLASH! magazinefor a story behind why this delay was necessary [but bear in mind, the story went to the printers prior to the decision actually being made].

By April 29, every sale or lease of a NSW property with a swimming pool would have had to have a certificate of compliance attached to the contract for sale or to the new lease.

The NSW Office of Local Government (OLG) estimates there are more than 18,000 properties with swimming pools rented each year, and RP Data figures show sales for properties with a pool number 9560 annually. Seasonally adjusted, combined annual numbers for sales and leases are estimated to be 27,900 state-wide.

Latest figures showed a total of 9591 certificates have been issued.This represents a significant shortfall from the potential upcoming sales and leases that would require certificates by April 29. Those sales and leases will now be able to go ahead, thanks to the 12-month reprieve.

http://www.splashmagazine.com.au/2015/02/26/pool-compliance-delayed-another-12-months/
Click this link for more on this story

February 2015

The swimming pool industry (in Auckland, at least) has certainly picked up in the past year or so, and the usual Mad Christmas Rush wasn't helped by seemingly increased RED TAPE being dished out by Council! Some of the stories I have heard are definitely cringe-worthy! Some are almost anti-competitive and anti-business, and certainly not helpful IMHO.

The Council seems determined to find more and more ways to stop the Citizens having a decent life-style and building their 'Dream Homes' without so many obstacles put in their paths.

In fact, Council Team Leaders spent quite a bit of precious processing time last year figuring out what Building Approvals they can apply to the typical Red-Neck swimming pools appearing all around Auckland suburbs this summer: See the picture at left.

Should they give it a Section 37 notice or a Parking Ticket? Does it need a fence? A Heavy Traffic License to drive it? Where's the filtration located?

And the PS4 has to become the PT4 (Parking Ticket #4) Then the tow truck boys come out if it's not paid within 7 days? And charge $500 to return it (not including the water)? Gives a whole new meaning to CAR POOLING don't it?

Given that the Daily Newspaper listed many (quite a lot, actually) of lovely Auckland beaches that are contaminated with nasty germs and pathogens - even the lagoon at Piha is so contaminated, only humans are silly enough to go in it (Birds, dogs, fish etc. keep away!) it's no wonder that the Pool Business is currently booming! Waiheke bays polluted with toilet detritus leaking from septic tanks all over the Island? That's disgusting!  No doubt it's the legacy of 70 years of Hippy Houses built by long-haired DIY'ers not bothering to get (or even being asked for) Building Approvals or regular Sanitary checks. Our lovely Waitemata Harbour is a sewer! Incredible! And the fish have all buggered off! But at least we are getting a Train Set!

When I look back through my files over the many years of managing the business of the Pool Guild and doing this web page, the re-occurring theme is "Why are Councils so slow in issuing Pool Permits"?

I can find and reprint letters from the 1990's onwards I wrote to Council, Mayors, Politicians, and the Government Building Act people asking why a home pool costing less than a Holden car ($40,000 (these days)) needs so much red tape from the Territorial Authority. Not one single response was ever received (other than an acknowledgment of receipt of my letter). You just can't get through to anyone - anyone who CARES that is!

We will have a voice in the new proposed Auckland Council External Fencing and Policy Committee, with Geoff Bonham, Neil Runciman (and perhaps myself) representing the thoughts of the swimming pool industry and Pool Guild. But the past three years I spent on the previous External Committee forging a perfectly satisfactory replacement to the Schedule to the 1987 fencing Act (FoSPA'87) hasn't been implement as yet, and I am reliably informed, will NOT be unless it is passed into law by Mr Prime Minister John Key. Is that likely?

Swimming pool safety is always on the mind of responsible pool builders, and it is gratifying to note that 'other' drowning statistics greatly outnumbered any issues with home pools. Matt Claridge, however, was quite rightly unimpressed with the overall problem, and urges us all to behave responsibly around water and little kids. Well done Matt! As usual, drinking and ( fill in the name here ) seem high on the list of self-destructive behavior amongst we Kiwis.

Just as a matter of interest (regarding civilian deaths - i.e. in this case 290 Road Deaths in 2014) New Zealand has an average of 7.4 people per 100,000 population die on the roads, and I have just returned home from a few weeks in France, where it is 4.9/100,000. I drove about extensively on the French motorway system (to visit relative's WWI War Graves on the Somme in Northern France) where the motorways seem generally unmonitored by the Gendarmes and the posted limit is for the most part 130 Kph. In order to 'not get run over in the rush' I drove at the same speed as the others - 140 Kph. The roads were wide and very smooth (driven down to Hamilton lately?) and in nearly 1,000 K's of driving there was no problems at all. That seems to indicate that SPEED is not the problem, it's the KIWI DRIVERS! The UK, incidentally has 3.5/100,000!

Finally, those pool builders who I hear about from time-to-time that I am told are supposedly 'full of Bull' - not naming anyone in particular (but YOU know who I mean!) - here's a Bull getting even!

A Great, Prosperous and SAFE 2015 to you & your family!

Larry

 

 

 

KIWI POOL INDUSTRY PIONEER PASSES AWAY
AGED 88

Brian ( 'BJ' )Smith & business partner Bernie Menzies (d. circa 1980) owned and operated 'Swimming Pool Services Limited' from their northeast corner shop at Great South Road/Greenlane Road intersection in the late 1970's and early 1980's (now redeveloped into a fast food restaurant).

They specialised in servicing Public Swimming Pool filtration systems, general maintenance and pool service, and built their own 'Kiwi Ingenuity' Gunite Pump machine fitted onto the back of an old WWII GM Truck to spray some of Auckland's first Gunite concrete pools. Managing between two and four pools a year in the early days, they gradually increased numbers as home pools gained in popularity in the 1970's. Brian's wife Margaret and son and daughter Mark and Denise (? - later a manager at TRENDS magazine) assisted them in the pool business.

In early 1972 Brian & Bernie - together with Rob Smith and Larry Ogden - formed Cascade Swimming Pools (NZ) Limited and for six or seven months 'Cascade Pools' operated out of their Greenlane premises. Not wanting to participate in the rapid expansion plans that Cascade was developing during those early days, Rob & Larry purchased the 50% shareholding of Brian & Bernie - providing them both with nice, new, powder blue with white vinyl roof 1972 model Ford Falcons - and took off to a rented factory in Onehunga. Swimming Pool Services Limited continued to build Gunite and sell Cascade swimming pools as an Agent.

After the death of Bernie, Brian and Margaret Smith opened their own pool company 'Poolworld Limited' in Pakuranga's Ti Rakau Drive adding the Eastern Auckland Franchise for Cascade's offshoot company 'Champion Pools New Zealand' to their pool construction portfolio of the 'new' Shotcrete pools. Son Mark Smith continued working with the Smith Family company.

Subsequently - in 1985 - Poolworld merged with Larry's Cascade Swimming Pools to form 'Cascade's Poolworld Limited' until in 1990 following the 'Great Depression' of the 1987 - 1992 years it was split into two seperate companies once again .

Brian continued at the Ti Rakau venue until 1985 when he sold out to two young entreprenures Dave Green and Andrew Turner who didn't find the pool industry all they had hope for, and were absorbed by Waterco in 1990 where the corner location remains as a pool shop to this day. Unable to settle into retirement, Brian continued to work as an independant pool serviceman - looking after his many Manukau customers pools almost to the end of his life, I understand.

Brian's contribution to New Zealand Swimming Pool Industry Trade Associations was invaluable, and he was on many Committees over the years. Many of the old school pool builders in Auckland worked for, or were trained by, Brian and Bernie 'back in the day' making Brian's contribution to the New Zealand Swimming Pool Industry worthy of note.

R.I.P Brian

ARE YOU EXPERIENCING DIFFICULTY IN GETTING PAID?
16 June 2014

Read this from Building Industry Consultant Graeme Owen.....

"So your building client has quit paying you! And you stand to lose thousands!
And the media says the construction environment is improving!

Don't they know that non-paying clients make the life of small builders exasperating – in any environment?  

I suspect every builder, who has been in business for a while, has a "bad paying client" story to tell.

A dream job to begin with – large, challenging and profitable – turns sour when your client questions every invoice item, quibbles over your margins and refuses to pay some things. 

Your overdraft is growing and you fear receivership. But it need not be like this – when you set-up your building agreements carefully.

In this article I outline three things you need to have in your building agreements and one thing you should exclude, to help make non-paying clients history.

Three Things to Include:

1. State clearly when invoices are to be paid

Check to ensure that your payment terms are clear.  Set out your invoicing arrangements and payment expectations.

If your normal process is weekly invoicing for all costs incurred in the preceding week, then make sure your agreement specifies this. Include how the invoice will be delivered and when payment is due.

For example, "Weekly invoices will be created at the end of each week (normally a Friday) and emailed by close of business. Invoices will include labour, materials and subcontractor costs incurred in the seven days up to and including the invoiced day. Payment is made by direct deposit within 3 calendar days."

2. State your right to stop work

It is your right to stop work (and remove materials) if a progress payment is not made on time.  While this is a huge interruption to your work schedule, it is much less disruptive that not being paid!

An example, "Should invoices not be paid by the due time, work on your project will halt and materials not yet paid for may be removed."

3. Include collections costs in outstanding debts

Make sure you state that if debt recovery becomes necessary, any costs incurred will be added to the outstanding payments.

One Thing to Exclude: Don't add interest payments to outstanding invoices

When you do (e.g. interest of 1.5% per month on any outstanding balance), you are indicating that is is OK for your client to use you as a source of credit, and not pay on time!

It may appear nice to get additional interest, but it will not offset the cash crisis late payment cause.

A Final Word: Be polite

In any conversation with clients it is most important that you stay in control. Do not get allow yourself to get angry. Remain respectful and calm. If you are tempted to lose your cool, email rather than phone – but read your email several times to make sure your tone is friendly.

Kind regards,  Graeme Owen
The Builders Business Coach Graeme@TheSuccessfulBuilder.com
(09) New Zealand


SURVEY OF MEMBERS UNDER WAY!
4 June 2014

We have instituted an email Survey of all Members to ask how we may become more beneficial to them and efficient as a Trade Organisation.

You (if you are a current Member) will be getting an email today.
Please take the three or four minutes it takes to fill out and return this survey - after all we can;t be 'what you want' if you don't tell us!

POOL PHOTOGRAPHIC COMPETITION 2015 CLOSES ON 30 JUNE

Many have not sent their entries in yet.
The competition closes soon!

You WON'T WIN if you're NOT IN!

Free advertising in various magazines, including TRENDS, SPLASH and others

DO IT NOW!

Received by email from Mayor Brown's office 25 Feb 2014 ........

Mr Laurence Ogden - NZMPB Inc
PO Box 17 069 Greenlane
Auckland 1546

Dear Mr Ogden
RE Unitary Plan – Swimming Pools
Thank you for your letter requesting information on the relevant sections of the Unitary Plan relating to swimming pools.
I have been advised by my planning staff that your best starting point is the definitions in the proposed Plan. These are contained in Part 4 of the Plan. The following have direct relevance to swimming pools:

Accessory buildings
Buildings used in a way that is incidental to the use of any other buildings on that site.
Includes:
•on a vacant site, a building that it is incidental to any use which may be permitted on that site. 
Excludes:
•dwellings.

Buildings
Any permanent or temporary structure.
Land
Includes:

Type of structure	Qualifying dimension or standard
Swimming pools or tanks, including retention tanks, spa pools, swirl pools, plunge pools, or hot tubs	Over 1m high. More than 25,000l capacity. Supported directly by the ground or supported not more than 1m above the ground

Recreation facility
A facility where the primary purpose is to provide for sport and recreation activities for the well-being of the community. They may be used by individuals, families, groups and teams.
Includes:
•recreation centres
•aquatic facilities, swimming pools, both indoor and outdoor
•fitness centres and gymnasiums
•indoor sports centres.

The next step is to check the activity status of swimming pools in the various zones. This will determine whether they are provided for and if a consent is required. The zones rules, including activity tables are contained in Part 3, Chapter I of the Proposed Plan. The Unitary Plan introduces distinction between land use and development.

For example in the Residential zones, where I assume the majority of your residential pools are built the following applies:

• Dwellings are a permitted activity.
• Buildings accessory to all other activities listed in this table have the same activity status as the activity itself.
• Therefore swimming pools that fall within the definition of a building would be a permitted activity as well.

There may be a gap for those swimming pools that do not fall within the definition of a building. My planning staffs are aware of this, however you may wish to make a submission to ensure that this matter is addressed through the submission process. The closing date for submissions is 28 February 2014.

The final step is to check the relevant land use and development controls to see whether these are appropriate. For example these might include the controls relating to yards, maximum impervious area and building coverage.

I trust that this information will be of assistance to you.
Yours sincerely
Len Brown
Mayor – Auckland

Sent to Mayor Brown 17 Feb 2014 ....

FEE $100.00 'Per Pool' Entry
You may enter up to four photos of the same pool, we will choose the best for the MAIN Display on the web site.
All photos will be available to the Judges to evaluate as they will see all your photos displayed.
You may enter a maximum of FOUR different pools in each Category.

25% 'EARLY BIRD' DISCOUNT FOR POOLS ENTERED BEFORE MARCH 31st 2014

CLICK THE 'Photo Competition' LINK AT LEFT FOR MORE DETAILS AND THE ENTRY FORM

THE WINNING ENTRIES WILL GET VALUABLE FREE PUBLICITY
IN THE SPRING 2014 AND SUMMER 2015 ISSUES OF TRENDS MAGAZINE
Plus other advertising and promotion that the Guild may decide on.

ENTRIES Close 31st May 2014 : WINNERS announced at 2014 AGM
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AUCKLAND COUNCIL (IN)EFFECTIVNESS SURVEY AUGUST 2013
CLICK HERE TO BEGIN
BUILDER MEMBERS PLEASE PARTICIPATE!
You asked for it ... now add your thoughts. I have the Council's Ear!

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“Participation in formal swim lessons can reduce the risk of drowning
  by 88% among children ages one to four.”

Over the last year, many in the aquatics industry have identified with the following statistic by Ruth Brenner and her colleagues in 2009 at the National Institute of Health: “Participation in formal swim lessons can reduce the risk of drowning by 88% among children ages one to four.”

It is a powerful statistic and one that resonates with most people.
However, the authors of that study also concluded that swimming lessons “should be considered as part of a complete prevention program.”

The Safer 3 Water Safety Foundation believes there is no substitute for swim lessons; however, we believe that a “dry side” education is just as significant in saving lives from drowning.

The Safer 3 provides water safety education programs to children and families through their communities and school systems as education and prevention is the most powerful tool to reduce accidental drowning.

The World Health Organization and Center of Disease Control statistics show that children aged three through seven are at the most risk of unintentional drowning and near-drowning incidents.

Presenting the Safer 3 Early Education Drowning Prevention Program (Curriculum) to young children in a formal classroom setting will lead to a significant reduction in drowning and near-drowning incidents. The curriculum is designed and written to appeal to young minds so it can be retained and recalled as in other great public health and safety campaigns.

While singing and laughing through lesson plans, children are being taught practical strategies to reduce the risks associated with water related activities. The curriculum teaches them to how to develop safer behavior around water.

While there is no substitute for swim lessons, the truth is that swim lessons are not accessible to everyone all the time they need them. For those with access to swim lessons, the Safer 3 Curriculum provides an additional out-of-water education on water related risks.

For those without access to swim lessons, the curriculum provides critical education for children and their parents. Indeed the program may be the only opportunity they have to be educated about drowning risk and water safety.

 

Have you checked the main web page for the winning pictures?

The 2012 Competition was judged by swimming pool industry associated people, such as Media and Swimming Pool Association members. This is a strictly visual competition, not related to the engineering excellence, or unseen attributes - simply a 'nice photo of a nice pool".

Next time we will be changing the rules a little, with expanded categories and proce ranges, and will soon be forming a 'Photographic Competition' subcommittee to figure out the format. It is also expected that the competition will be self-funded so that there is not a cost to Membership, and there will be stricter rules on what entries are acceptable. so that the 'processing time' required to produce a decent web page of entries is dramatically reduced.

If you are interested in the actual statistics from the Judges, click the Header Graphic (above).

If you have any suggestions or want to particpate on the subcommittee, please email me at info@poolguild.org.nz.

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UPDATE TO POOL FENCING LAWS IN THE PIPELINE!

Saftey Of Swimming Pools Act 2012 (SOSPA'12)

Several Master Pool Builder Members have been serving on the Auckland Council's External Working Committee on Pool Fencing.

Meetings with the Council Chairman Bob De Leur and council staffer Wolfgang and others including Les Hole (The sliding door closing designer) Gary Osborne of POAG (Pool Owners Action Group) Geoff Bonham (GB Pool Covers), and Watersafe's Teresa Stanley. Oh, and me.

We have been meticulously going through the Fencing of Swimming Pool Act (1987) and discussing aspects of NZS 8500 - which desribes the preferred pool fencing specifications, and although time ran out for the July 2012 deadline set for us and our Chairman summarised our opinions and submitted them befre we scrutinised 8500, the Miniser for the Department of Building & Housing (newly renamed "The Ministry of Business, Innovation & Employment" (?) has relied thanking us for our time.

Click the graphic at left for the full letter from Hon Maurice Williamson.

"The times, they are a-changing" (apologies to Bob Dylan)

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The Heading says it all ... How many of you agree?

People have traditionally put the poor pool builder at the bottom of the list when doing renovations or building a new house. It seemed a common occurance in the past that successful house tenders seemed to bear no relationship to the 'finished cost' - and the budget left over to do the pool always seemed to suffer!

This is a good reason for new home buyers and renovators should stick to associations such as the Master Builders - and of course pool Builder Members of the NZMPB Inc. as people can rely on a quote being "Genuine" and not a low price just to get a foot in the door, if you will excuse the pun.

Click on the graphic at left to read a recent article in the Herald newspaper, lamenting the sad state of affairs the home builder/buyer finds themselves in in modern New Zealand!

How many of you have a similar story to tell!

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HAVE YOU EXPERIENCED THIS PROBLEM YET?

"unable to lodge a swimming pool Building Consent"!
 ... read this letter to Auckland Council's Bob DeLeur

Thursday, 1 March 2012

 Mr Bob De Leur
Manager, Building Policy

 Hi Bob,

 SPECIALIST LICENSING CLASSES

 Building Approval refused.

 

A Master Pool Builder Member has contacted me about him being unable to lodge a swimming pool Building Consent Application in an Auckland Council branch office as he has been told by them that as he does not have a Licensed Building Practitioner qualification he is unable to comply with the March 1st introduction of the Specialist Licensing Class of the Licensed Building Practitioner scheme as introduced by the Government so they cannot accept his application.   

 

You may recall that I have gone into this with the Dept of Building & Housing in Wellington last year, and they have assured me that the Govt has no plans to include the construction of swimming pools in their Specialist Licensing Classes at any time in the near future, as indicated by Craig Hill in the attached letter.

 

Craig did, however, indicate that the Govt would look with favour on any effort made by the NZMPB Inc in this area, and accordingly we have instituted a program of Licensing for our Builder Members which is now open to all Builder Members who wish to take it up. The first of our three-year renewable Licenses issued will expire in 2014, hence the licence number includes the Member’s number and expiry date (i.e. as in my case License #108/2014)  

 

So far we have a small number of Builder Members who have taken this up, and the comment from Craig Hill to go through the process with you at Auckland Council with a view to speeding up processing of Building Approvals for Master Pool Builder Members is appreciated. We have had several discussions about this in the past year or so, but now March 1^st 2012 has arrived, it’s probably appropriate to revisit the issues.

 

This page in the NZMPB web site could be of interest to you:

http://poolguild.org.nz/CBL.html

 

Is it possible for you to have the Council issue an Edict to the various Branch Offices so that the Council staff have an understanding of Auckland Council policy for residential swimming pool builders (and in particular Builder Members of the NZ Master Pool Builders Inc) who apply for a Building Approval  - and how under the Government Act “The Building (Definition of Restricted Work) Order Act 2011” the LBP requirement does NOT include home swimming pool construction?

 

Thanks, and kind regards,

 

LE (Larry) Ogden - Dip Pool Tech (NZMPB Hon), Certified Builder’s License #108/2014

President

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RESPONSE FROM Bob De Leur:

Mr Bob De Leur
Manager, Building Policy
AUCKLAND COUNCIL  Bob DeLeur [Bob.DeLeur@aucklandcouncil.govt.nz]

Hi Larry
Obviously some un-informed (Council Employee) person.
Pools are not restricted building work.
However was the application included with an application for the dwelling perhaps? 

 Regards Bob

IF YOU ARE CHALLENGED ON-SITE BY AN AUCKLAND COUNCIL INSPECTOR ASKING FOR
YOUR BUILDING PRACTITIONER'S LICENSE, REFER THEM TO BOB DE LEUR!

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NEW 2012 CONTRACT LAW?

Under the new bill before Parliament, ANY* building jobs over $20,000 will require a written contract. Photo / Thinkstock