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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2018/064: Regarding whether the fire safety design of a proposed 185m high mixed-use tower building complies with Clauses C1-C6 by means of C/VM2

This determination considers the fire safety design of a proposed tall building and whether compliance with Clauses C1-C6 has been established by means of Verification Method C/VM2.  The determination discusses the scope of the Verification Method, how compliance is established by way of the Verification Method, and the compliance of the proposed design – in particular the lack of isolated interconnection between the lobby containing the designated fire fighters lift and the stair that is the means of egress and which firefighters use to access the floor of fire origin.

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2018/059: Issue of a notice to fix in respect of the compliance schedule and building warrant of fitness for a building

Note: This determination is subject to clarification

 

This determination concerns a notice to fix issued by an authority in respect of the specified systems in a building, the compliance schedule, and the building warrant of fitness. The determination considers whether the notice to fix was correctly issued, the information to be provided in a compliance schedule, and the issue of the building warrant of fitness.

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2018/055: Compliance of a warehouse fitout with the fire safety requirements of the Building Code

This determination considers the compliance of a warehouse fitout, comprising a storage racking system and a mezzanine floor, with the fire safety requirements of the Building Code. The determination considers whether the fitout was part of the original building as it was intended to be built, or whether it can be considered an alteration to an existing building.

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2018/048: Refusal to issue a building consent for alterations of an existing building

This determination considers fire spread across a boundary in relation to an existing commercial building that is being altered. The determination considers how distance is measured to the relevant boundary for the purposes of considering fire spread to other property in order to satisfy the requirements of Building Code Clause C3—Fire affecting areas beyond the fire source.

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2018/028: Decision to issue a notice to fix for the means of escape from fire in a building

Note: This determination is subject to appeal.

 

This determination considers whether the authority was correct to issue a notice to fix in respect of locks to doors that are providing the means of escape to a commercial building containing food and retail outlets.  The determination considers whether the locked doors provide adequate means of escape from fire when the building has no occupants.

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2017/088: Code-compliance of a facade system proposed for remediation work to an apartment building

This determination considers the compliance of a replacement façade system to an existing 5-storey building. The facade system incorporates high-pressure laminate panels fixed to an aluminium frame creating a 50mm wide cavity between the panels and the lined timber-framed wall behind. The authority has concerns about the facade system’s ability to perform with respect to preventing the spread of fire over the external cladding. The determination considers the compliance of the original facade system, and as modified in response to the determination’s initial findings.

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2017/074: Requirement for fire resistance of a timber deck

This determination considers whether the structure without fire resistance complies with Clause C3 of the Building Code.  The determination discusses whether the structure as constructed satisfies C/AS1 and whether it complies as an alternative solution.

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2017/040: Refusal to grant a building consent for proposed supermarket alterations

This determination concerns the refusal to issue a building consent for alterations to an existing supermarket building because it was believed the proposed work did not comply with the fire safety clauses of the Building Code. The determination considers the requirements of the legislation as it applies to the alteration. The fire engineer initially used a verification method to show compliance, and the determination discusses what this method requires.

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2017/023: Compliance of the substitution of automatic fire sprinkler systems for heat detectors in a basement carpark

This determination considers the compliance of a Type 6 automatic fire sprinkler system in a basement carpark with Clause C4.3. The determination discusses whether heat detection is required, or if the installed Type 6 automatic fire sprinkler system satisfies the Acceptable Solutions as heat detection. The determination discusses whether there are any significant differences between a sprinkler system and heat detectors that would affect life safety.

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2017/022: Refusal to grant a waiver of Clause C3.4(b) of the Building Code in respect of the use of an artificial turf floor surface lining

This determination considers the compliance of the artificial turf flooring with Clause C3.4(b) of the Building Code. The determination discusses the allowances within the Acceptable Solutions for non-compliant surface finishes, and whether there are reasonable grounds to issue a waiver of the building consent in respect of the artificial turf.

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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: