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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2015/039: The refusal to issue a compliance certificate and the issue of a notice to fix in respect of compliance of pool barriers to a swimming pool

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.

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2015/037: Regarding the compliance of pool barriers for a swimming pool

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.

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2019/026: Regarding the compliance of a pool barrier to the extent required by section 162C of the Building Act

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 The acceptable solution provided for in section 450A was revoked by way of Gazette notice on 27 April 2017.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...

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2019/008: Regarding the code-compliance of a proposed pool barrier

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.

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2019/001: Regarding the code-compliance of sliding and hinged doors that form part of a barrier to a pool

This determination considers the code compliance of sliding and hinged doors that form part of the barrier to a pool. The determination assesses the barrier against the performance requirements of Building Code Clause F9 – Means of restricting access to residential pools.

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2018/047: Code compliance of barriers to a pool

This determination considers whether the barriers to a small heated pool comply with Clause F9 – Means of restricting access to residential pools. The determination also discusses the waiver and modification provisions within the Building Act.

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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

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 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...

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2021/024: Regarding the compliance of a proposed pool barrier incorporating an existing boundary fence

This determination considers the compliance of an existing boundary fence forming part of a proposed pool barrier, with Building Code Clause F9 Means of restricting access to residential pools. The determination discusses whether compliance with Clause F9 can be achieved by way of an alternative solution.

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

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 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...

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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: