Previous determinations

This determination considers whether a timber barrier to a retaining wall complies with Building Code clauses F4.3.1 and F4.3.4(b), (e) and (g). The determination also assesses whether the Limit on Application of F4.3.1 applies to the as‐built structure.

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.

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 discusses whether a pool barrier with surrounding vegetation complies with section 162C of the Building Act. It discusses the various pathways for compliance including the Fencing of Swimming Pools Act 1987 and clauses F4 and F9 of the Building Code. The determination also considers whether a waiver or modification is appropriate in the circumstances.

This determination considers elements of a pool barrier and their compliance with section 162C of the Building Act 2004. Those elements were constructed, installed, or erected prior to s162C coming into force, as part of a wider set of alterations at the property.

This determination considers the compliance of a 1200mm high masonry swimming pool wall with Building Code Clause F4 Safety from falling. This determination also considers whether to grant a modification of Clause F4.3.1, to permit a 1200mm change of level without a safety from falling barrier, in the circumstances of this case.

This determination considers the authority's decision to issue a code compliance certificate for a pool barrier. The determination considers whether the area enclosed by the pool barrier should be included within the immediate pool area.

This determination considers the compliance of a particular aspect of a pool with respect to Building Code Clause F4 Safety from falling. The determination also considers whether the authority was correct to refuse to issue a code compliance certificate for the work and whether a waiver or modification of Clause F4.3.1 should be granted.

Note (added 11/08/2022): Please note that this determination incorrectly refers to section 450A of the Building Act 2004 as a compliance pathway for the pool barrier in this determination. The acceptable solution provided for in section 450A was revoked by way of Gazette notice on 27 April 2017. As the determination does not conclude that the pool barrier was compliant via the acceptable solution in section 450A, the outcome of the determination is not affected.

This determination considers the compliance of an existing pool barrier that incorporates a number of sliding wall panels and for which a code compliance certificate had previously been issued. The determination describes various pathways to establishing compliance for the purpose of section 162C of the Building Act 2004, and considers whether the pool barrier complies by any of those means. The determination also considers whether an exemption had been granted under the Fencing of Swimming Pools Act 1987.

Note: This determination is subject to appeal.

Note (added 11/08/2022): Please note that this determination incorrectly refers to section 450A of the Building Act 2004 as a compliance pathway for the pool barrier in this determination. The acceptable solution provided for in section 450A was revoked by way of Gazette notice on 27 April 2017. As the determination does not conclude that the pool barrier was compliant via the acceptable solution in section 450A, the outcome of the determination is not affected.

This determination considers the compliance of an existing pool barrier that incorporates brick columns and walls and sections of metal fencing, and hedges. The determination describes various pathways to establishing compliance for the purpose of section 162C of the Building Act 2004, and considers whether the pool barrier complies by any of those means. The determination also considers the status of an exemption granted under the Fencing of Swimming Pools Act 1987.