Previous determinations

This determination considers an authority’s decision to refuse to issue a code compliance certificate for the construction of a new house with a pool.

The determination considers compliance of the as-built construction of a swim/spa pool with an adjoining timber deck and glass safety barrier in relation to safety from falling (clause F4) and restricting access to the pool by unsupervised young children (clause F9).

This determination considers whether a residential pool with an adjacent set of steps complies with clause F9 of the Building Code to restrict access of young children to the pool.

The determination also considers whether granting a waiver under section 188(3A) of the Act would significantly increase the danger to children under five years of age.

This determination considers the authority’s decision to refuse an application for an amendment to a building consent proposing to extend and increase the immediate pool area.

The determination discusses the reasons for refusal, and whether the additional spaces enclosed can be included within the ‘immediate pool area’ as defined by the Act.

This determination considers whether a swimming pool barrier complies with Clause F9.3.3 in relation to a pole on the outside of the barrier. The determination discusses whether the pole could assist children under 5 years of age in negotiating the barrier.

This determination considers whether a section of a residential pool barrier located on a property boundary complies with Building Code Clause F9.3.1. The determination looks at whether the barrier in combination with an automatic pool cover can comply as an alternative solution.

The determination considers the decision to issue a code compliance certificate for a swimming pool that required a barrier to restrict access by unsupervised young children. This determination considers the compliance of a pool barrier in relation to clause F4 of the Building Code that was in force at the time the building consent was granted.

Concerns whether a pool barrier with a shade‐sail pole on the outside of, and within close proximity to, the pool barrier complies with Building Code Clause F9.3.3 and the matter will turn on whether the shade sail pole is a ‘permanent object or projection on the outside of the pool barrier’ that could ‘assist young children in negotiating the barrier’ as set out in Clause F9.3.3 of the Building Code

This determination considers whether a metal pool barrier, with surrounding vegetation and gaps which are larger than 100mm, complies with section 162C of the Building Act. The determination discusses the various pathways to compliance, including the Fencing of Swimming Pools Act 1987, clause F4 of the Building Code applicable at the time pool was constructed, clause F9 of the current Building Code and Acceptable Solution F9/AS1.

This determination considers whether a section of a residential pool barrier complies with section 162C of the Building Act 2004. In making this decision, the determination will consider the gaps in the metal fencing that forms part of the barrier as well as the hedging planted on the outside.

This determination considers the authority's proposed decision to refuse to issue a building consent for a pool house as compliance with clause F9 of the Building Code, Restricting access to residential pools, had not been demonstrated due to the lack of a barrier between the pool house and pool. The determination considers whether a pool house with bathroom, gym, changing facilities, kitchen/bar, lounge and roof deck, as well as rear patio area can be considered part of the immediate pool area.