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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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2018/010: Whether proposed barriers to a timber walkway along the shoreline at Mangonui Harbour will satisfy Clause F4 Safety from falling

This determination is concerned with the compliance of proposed barriers to a walkway. The determination considers whether the barrier satisfies the Acceptable Solution or complies as an alternative solution.

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2018/009: Refusal to issue a code compliance certificate in respect of remedial work to decks

This determination considers the compliance of the remedial work carried out to eight decks. The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the building work complies with the requirements of the Building Code.

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2018/008: Accessible parking facilities for a proposed mixed-use building

This determination considers the compliance of a proposed building in respect of parking provisions for people with disabilities to access the commercial spaces on the ground floor. The building contains mechanical stacking car parks that have been designated for use by residents only.

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2018/007: Compliance of door thresholds to a proposed gymnasium in a school

This determination considers the compliance of door thresholds to a proposed gymnasium in a school where the threshold incorporates a change in level of 20mm between the external and internal surfaces.  The determination assesses the detail against the Acceptable Solutions D1/AS1, C/AS4 and E2/AS1 and discusses the terms “stepped threshold”, “weather stop” and “isolated step”.

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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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2018/004: Refusal to issue a code compliance certificate for an 11-year-old house with monolithic cladding

This determination is concerned with the compliance of an 11-year-old house.  The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the building work complies with the requirements of the Building Code.

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2018/003: Refusal to issue a code compliance certificate for a 13-year-old house with mixed claddings

This determination is concerned with the compliance of an 11-year-old house. The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the building work complies with the requirements of the Building Code.

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2018/002: Decision to issue a notice to fix for a retaining wall

This determination considers whether a retaining wall without a barrier at the top complies with Clause F4 Safety from falling.  The determination also discusses the interpretation of section 42A(2)(c) of the Building Act and whether the building work to construct a retaining wall was exempt from the requirement to obtain a building consent.

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2018/001: Notice to fix and whether a relocated unit is a building

The determination considers whether a unit relocated onto a residential property is a building for the purposes of the Building Act, and whether the authority was correct to issue a notice to fix in relation to this.  The determination discusses the definitions of building and vehicle under section 8 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: