Determinations are made by MBIE on matters of doubt or dispute to do with building work. Rulings are legally binding, but only in relation to each case.
Previous determinations may provide some useful guidance for those faced with similar problems, but note that individual circumstances may vary.
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This determination discusses the Building Code obligations in Clause F4.3.5 for a proposed dwelling forming part of a pool barrier. The determination also considers the area enclosed by the proposed building work and an existing pool fence in respect of restricting access of children under the age of six to the immediate pool area as required by Clause F4.3.4
Discussed whether the proposed pool barrier encompassing “the immediate pool area” complies with Clause F4 of the Building Code with regard to the size of the area and the activities that would take place within it. Other matters discussed whether the building consent would lapse two years after the date on which it was issued.
Discussed the authority’s refusal to issue a building consent relating to compliance with Clause F4 of the Building Code for a proposed swimming pool and its barriers which included sliding doors and the use of security latches with lockable bolts.
Discussed the definition of ‘immediate pool area’ and the ‘immediate pool surround’ and the potential for unacceptable lapses of pool security due to doors, gates and pedestrian access.
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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:
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