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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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 determination concerns the balustrade to a deck above an immediate pool area and the compliance of the barrier in relation to a set of external stairs from the deck to the pool. The determination considers whether the deck itself is included within the immediate pool area and whether the stairs are a climbable projection.
The determination considers whether the barrier to a swimming pool and spa pool complies with the Building Code to the extent required under section 162C of the Act. The barrier was considered to be compliant with the Fencing of Swimming Pools Act at the time of construction and a code compliance certificate had been issued, but it later failed an inspection carried out under the new special provisions for residential pools.
This determination discusses the Building Code obligations in Clause F4 for a proposed pool barrier that would include a pool room. The determination considers the area enclosed by the proposed barrier in respect of restricting access of children under the age of six to the immediate pool area as required by Clause F4.3.4(f).
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Note (added 11/08/2022): Please note that this determination incorrectly refers to section 450A of the Building Act 2004 as a compliance pathway for the pool barrier in this determination. The acceptable solution provided for in section 450A was revoked by way of Gazette notice on 27 April 2017. As the determination does not conclude that the pool barrier was compliant via the acceptable solution in section 450A, the outcome of the determination is not affected.
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...
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.
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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