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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2019/026: Regarding the compliance of a pool barrier to the extent required by section 162C of the Building Act

This determination considers the compliance of a pool barrier made up of walls and doors of a building that was subject to an exemption under the Fencing of Swimming Pools Act. The determination considers whether the barrier complies to the extent required by section 162C of the Act. 

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2019/025: Regarding the compliance of an infinity pool and whether to grant a waiver in relation to the means of restricting access

This determination considers the compliance of a residential pool with an infinity edge and balance tank with regard to the requirement for a physical barrier to restrict access by unsupervised young children.  The determination also considers whether the installation of an alarm would achieve the performance requirements in Clause F9 and whether it is appropriate to grant a waiver.

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2019/019: Regarding the code-compliance of a proposed residential pool barrier

This determination considers whether the barrier to a swimming pool complies with Clause F9 – Means of restricting access to residential pools of the Building Code. This includes an assessment of the compliance of sliding doors that form part of the barrier to the swimming pool.

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2019/008: Regarding the code-compliance of a proposed pool barrier

This determination considers the compliance of a proposed pool barrier with Clause F9 – Means of restricting access to residential pools of the Building Code. The determination considers whether the area enclosed by the proposed pool barrier should be included within the immediate pool area.

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2019/001: Regarding the code-compliance of sliding and hinged doors that form part of a barrier to a pool

This determination considers the code compliance of sliding and hinged doors that form part of the barrier to a pool. The determination assesses the barrier against the performance requirements of Building Code Clause F9 – Means of restricting access to residential pools.

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2018/052: Whether an automatic pool cover complies with Building Code Clause F9

This determination considers whether the use of an automatic pool cover will comply with Clause F9 – Means of restricting access to residential pools of the Building Code. The determination discusses waivers and modifications, and the provision for automatic pool covers for small heated pools.

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2018/047: Code compliance of barriers to a pool

This determination considers whether the barriers to a small heated pool comply with Clause F9 – Means of restricting access to residential pools. The determination also discusses the waiver and modification provisions within the Building Act.

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2018/017: Compliance of an indoor swimming pool without a barrier

This determination considers the compliance of a pool that is wholly enclosed within a dwelling but that doesn’t have a physical barrier to restrict access by unsupervised children. The determination discussions the exemption from the requirement to have a barrier that was granted under the Fencing of Swimming Pools Act, and the relationship with the current provisions for barriers to residential pools under the Building Act.

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2018/006: Code compliance of sliding doors that form part of a barrier to a pool

This determination considers the compliance of a barrier to a swimming pool that includes the exterior wall of the house with five sliding doors in it.  The determination assesses the barrier against the performance requirements of Clause F9 of the Building Code (Means of restricting access to residential pools), and considers whether the area encompassed by the proposed barrier is the immediate pool area.

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2018/005: Automatic pool covers for swimming pools complying with Building Code Clause F9 and section 162C of the Building Act

This determination considers whether automatic pool covers that comply with the ASTM Standard F1346-91 comply with Clause F9 (Restricting access to residential pools) of the Building Code and section 162C of the Building Act. The determination also discusses waivers and modifications, and exemptions that have been granted under the Fencing of Swimming Pools Act 1987 to allow the use of pool covers.

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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: