Previous determinations

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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2021/009: Regarding the compliance of a new section of pool barrier

This determination considers the compliance of a pool barrier with section 162C of the Building Act 2004 and clause F9 of the Building Code (Means of restricting access to residential pools). The determination concerns a section of a boundary fence where it adjoins other fences. Together these fences form part of a pool barrier. The determination assesses whether an aspect of building work complies with the Building Code by way of Acceptable Solution F9/AS1 or by another means, widely referred to as an 'alternative solution'.

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2020/028: Regarding the compliance of a pool barrier with Building Code Clause F9 Means of restricting access to residential pools

This determination considers the compliance of a new pool barrier with Building Code Clause F9 Means of restricting access to residential pools. The determination discusses the parts of the barrier consisting of boundary fences and junctions with internal sections of the barrier, and trees on the inside of the boundary fences.

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2020/026: Regarding the compliance of a swimming pool barrier consisting of a pool cover and a proposed alarm system

Note: This determination is subject to appeal.

 

This determination considers the compliance of a swimming pool barrier consisting of a pool cover and either of two proposed alarm systems. The determination discusses management practices and human behaviour with regard to the Building Code obligations, and considers whether a waiver or modification of the Building Code is appropriate in the circumstances.

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2020/018: Regarding the compliance of a pool barrier and whether the authority was correct to grant an exemption for its construction

This determination considers the authority's decision to grant a discretionary exemption from the requirement to obtain building consent for the construction of a section of pool barrier. The determination also considers the compliance of the new section of pool barrier with Clause F9 of the Building Code (Means of restricting access to residential pools).

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2020/004: Regarding the compliance of a pool barrier consisting of an automatic cover and the decision to issue a code compliance certificate for the

This determination considers the authority’s decision to issue a code compliance certificate for an automatic pool cover as a pool barrier. The determination discusses whether a special exemption was granted under the Fencing of Swimming Pools Act 1987 and the compliance of the automatic pool cover as a pool barrier with Clause F4 Safety from falling as the relevant Building Code clause at the time the building consent was issued.

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2020/001: Regarding the compliance of a pool barrier to the extent required by section 162C of the Building Act

This determination considers the compliance of an existing pool barrier to the extent required under section 162C of the Building Act. The matter turns on whether the area enclosed by the pool barrier can properly be considered the "immediate pool area" and whether the doors opening into the immediate pool area comply.

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2019/066: The refusal to issue a code compliance certificate in respect of two sides of an above-ground pool acting as the pool barrier

This determination considers the authority’s purported refusal to issue a code compliance certificate for two sides of an above-ground pool acting as the pool barrier, which were not constructed in accordance with the building consent.  The determination discusses the compliance of the pool walls as a pool barrier with Clause F4 Safety from falling as the relevant Building Code clause at the time the building consent was issued.

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2019/052: Regarding the compliance of a pool barrier to the extent required by section 162C of the Building Act for an indoor pool

This determination considers the compliance of an indoor pool barrier to the extent required by section 162C of the Building Act.  The barrier incorporates bifold doors and a sliding door.  The determination discusses the compliance requirement in relation to an indoor pool that was exempt from having a barrier under the former Fencing of Swimming Pools Act and the means by which compliance can be established.

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2019/038: Regarding the compliance of a 23-year-old pool fence

This determination considers the compliance of a trellis fence with the provisions of the Building Act that require the restriction of access by unsupervised young children to the swimming pool or immediate pool area.  The trellis has gaps up to 45mm high x 40mm wide and was installed with the horizontal slats on the outside face of the fence.

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2019/031:Regarding the compliance of a pool barrier with adjacent palm trees

This determination is in relation to a pool barrier that has mature palm trees outside of and adjacent to it. The determination concerns the barrier’s compliance with the Building Code to the extent required by section 162C of the Building Act.

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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: