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Previous determinations

Determinations are made by MBIE on matters of doubt or dispute to do with building work. Rulings are legally binding in relation to each case. Circumstances in one case may differ to others.

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2017/084: Compliance of new building without a lift with regard to disability access

This determination considers whether a new two-storey building without a lift to the upper level bar/restaurant complies with Clause D1. The determination also discusses the relationship between the criteria in the Building Code and the New Zealand Standard NZS 4121: Design for Access and Mobility in relation to buildings requiring a lift.

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2017/081: Compliance of ground floor stairs landing in residential unit

This determination considers the compliance of a 435mm long landing at the bottom of a set of internal stairs.  The determination compares the landing length with the Acceptable Solution and discusses whether there is adequate activity space between the door and the stairs.

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2017/073: Compliance schedule requirements and the classified use of three proposed commercial poultry sheds

The determination considers whether the correct classified use for the proposed poultry sheds is "industrial" or "outbuilding", and whether the operational systems are specified systems and whether a compliance schedule is required.  It also considers whether the requirements for access and facilities for people with disabilities apply to the poultry sheds.

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2017/070: Refusal to issue a code compliance certificate for a 20-year-old house with mixed claddings

This determination is concerned with the compliance of a 20-year-old house. The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the house complies with the requirements of the Building Code.

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2017/060: Refusal to issue a code compliance certificate for 19-year-old additions and alterations to a house

This determination is concerned with the compliance of 19-year-old additions and alterations to a house. The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the building work complies with the requirements of the Building Code.

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2017/053: Refusal to issue a code compliance certificate for a 20-year-old house clad with rusticated fibre-cement weatherboards

This determination is concerned with the compliance of the building envelope to a 20-year-old house. The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the house complies with the requirements of the Building Code.

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2017/050: Refusal to issue a code compliance certificate for a 12-year-old house completed under the supervision of a building certifier

This determination considers the compliance of a 12-year-old house that had been built under the supervision of a building certifier, but where a code compliance certificate had not been issued. The authority had issued a certificate of acceptance for the work, but the current owners were seeking a code compliance certificate in its place. The determination considers which certificate was appropriate to issue in the circumstances.

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2017/027: Compliance of space saver stairs as an alternative solution

This determination considers the compliance of space saver stairs to a mezzanine level in a house. The determination discusses how the intended use of the mezzanine level will affect the Acceptable Solution design requirements, and whether the stairs comply with Clause D1 as an alternative solution.

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2017/025: Access and facilities for people with disabilities to a hypothetical public dive pool

This determinatino considers whether an accessible route is required for a deep water pool that is part of a public swimming pool facilties. The determination discusses the requirement for an accessible route, both in terms of the deep water pool only and also in terms of it being one of a number of pools within the facility, and the normal activities carried out in those pools.

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2017/009: Compliance with Clause D1 in regards to the use of balustrade capping as a handrail in a house

This determination considers whether a balustrade handrail as constructed complies with Clause D1. The determination considers the use of the balustrade capping as a handrail and discusses the relevant width measurement and whether the capping is sufficient to provide a firm grasp in the event of a fall.

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This information is published by the Ministry of Business, Innovation and Employment’s Chief Executive. It is a general guide only and, if used, does not relieve any person of the obligation to consider any matter to which the information relates according to the circumstances of the particular case. Expert advice may be required in specific circumstances. Where this information relates to assisting people: