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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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2015/013: Regarding a dispute about which fire risk group should be used in determining compliance of proposed accommodation at a holiday park

The dispute turned on which Acceptable Solution (C/AS1 or C/AS2) applied to the proposed building work, depending on whether it fell within Risk Group SH or SM. Discussed the relationship between Uses as defined in the Regulations, Risk Groups in the Acceptable Solutions and Classified Uses in the Act. Also discussed “intended use”, and the Risk Groups in relation to household units located above car parks.
Determination 2015/013 [PDF 359 KB] Date issued: 10 April 2015

About this document

Primary Building Code clause:
C3 - Fire affecting areas beyond the fire source
Also related to:
C - Protection from Fire
Primary topic:
Fire safety
Council:
Auckland Council
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2015/010: Refusal to grant a modification of clause C3.4a of the Building Code respect of materials used for internal surface linings at a school hall

Discussed whether a modification of C3.4 is reasonable and the possible consequence of non-compliance with that clause. Also discussed the granting of waivers and modifications under section 67 of the Act.
Determination 2015/010 [PDF 249 KB] Date issued: 31 March 2015

About this document

Primary Building Code clause:
C3 - Fire affecting areas beyond the fire source
Primary topic:
Fire safety
Council:
Grey District Council
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2014/060: Regarding the authority\'s proposed exercise of its powers to refuse to grant a building consent for an alteration to an existing building by requiring fire resistance rating of two existing external walls

N/A
Determination 2014/060 [PDF 97 KB] Date issued: 15 December 2014

About this document

Primary Building Code clause:
C - Protection from Fire
Primary topic:
Fire safety
Council:
Auckland Council
Section of the Building Act:
Section 112
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2014/052: Regarding the authority’s exercise of powers in issuing a notice to fix for a pellet burner installed in an existing chimney for a house

N/A
Determination 2014/052 [PDF 95 KB] Date issued: 21 October 2014

About this document

Primary Building Code clause:
C2 - Prevention of fire occurring
Primary topic:
Fire safety
Council:
Southland District Council
Section of the Building Act:
Section 112
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2014/043: Issuing notices to fix in respect of classified uses of 4 of 8 collectively owned residential buildings

N/A
Determination 2014/043 [PDF 156 KB] Date issued: 16 September 2014

About this document

Primary Building Code clause:
C - Protection from Fire
Primary topic:
Fire safety
Council:
Auckland Council
Section of the Building Act:
Section 114, 115
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2014/026: Regarding which fire risk group should be used in determining compliance of proposed accommodation

Determination 2014/026 [PDF 563 KB] Date issued: 21 May 2014

About this document

Primary Building Code clause:
C - Protection from Fire
Primary topic:
Fire safety
Council:
Auckland Council
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2012/079:Regarding the refusal to issue a code compliance certificate of the Building Code compliance of the fire safety design for warehouse

Determination 2012/079 [PDF 119 KB] Date issued: 19 December 2012

About this document

Primary Building Code clause:
C - Protection from Fire
Also related to:
C3 - Fire affecting areas beyond the fire sourceG9 - ElectricityH1 - Energy EfficiencyE2 - External MoistureF2 - Hazardous building materialsB2 - DurabilityC2 - Prevention of fire occurring
Primary topic:
Fire safety
Council:
Wellington City Council
Section of the Building Act:
Section 4
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2012/075: Regarding the issue of a notice to fix and the amendment of a building consent for a 4-storey commercial building

N/A
Determination 2012/075 [PDF 122 KB] Date issued: 3 December 2012

About this document

Primary Building Code clause:
C4 - Movement to a place of safety
Also related to:
E1 - Surface WaterC - Protection from Fire
Primary topic:
Fire safety
Council:
Auckland Council
Section of the Building Act:
Sections 75, 52
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2012/074: Change of use provisions of the Building Act for the alteration of part of a house to a second kitchen

N/A
Determination 2012/074 [PDF 67 KB] Date issued: 29 November 2012

About this document

Primary Building Code clause:
C4 - Movement to a place of safety
Also related to:
F7 - Warning systemsC - Protection from Fire
Primary topic:
Fire safety
Council:
Auckland Council
Section of the Building Act:
Section 115
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2012/070: Regarding the issue of a notice to fix for variations to consented building work to a new house

N/A
Determination 2012/070 [PDF 151 KB] Date issued: 26 November 2012

About this document

Primary Building Code clause:
C4 - Movement to a place of safety
Also related to:
E2 - External MoistureF7 - Warning systemsC - Protection from Fire
Primary topic:
Fire safety
Council:
Auckland Council
Show details
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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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