Previous determinations

This determination considers the authority's decision to issue two notices to fix for a non-compliant pool barrier. The determination turns on whether the authority can issue a notice to fix to the current owners for a contravention of section 162C when they did not undertake the building work and when there is a code compliance certificate for that building work. The determination also considers the form and content of the notices that were issued.

This determination considers the compliance of a 1200mm high masonry swimming pool wall with Building Code Clause F4 Safety from falling. This determination also considers whether to grant a modification of Clause F4.3.1, to permit a 1200mm change of level without a safety from falling barrier, in the circumstances of this case.

This determination considers the authority's decision to issue a code compliance certificate for a pool barrier. The determination considers whether the area enclosed by the pool barrier should be included within the immediate pool area.

This determination considers whether the pool barrier that incorporates a pet door with modifiable controls complies with Clause F9 – Means of restricting access to residential pools of the Building Code. The determination assesses the compliance of the barrier against the Acceptable Solution F9/AS1 and as an alternative solution.

This determination considers, whether the barrier to restrict access by unsupervised young children to a small heated pool, complies with section 162C of the Building Act. This determination discusses the compliance obligations and considers whether a waiver or modification of the means of restricting access to the spa pool can be granted.

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.

This determination considers the compliance of a pool barrier that incorporates a balcony balustrade. In determining whether the barrier achieves the compliance with Clause F9 Means of Restricting Access to Residential pools of the Building Code, the determination assesses the barrier against the Acceptable Solution F9/AS1 and as an alternative solution.

This determination considers the compliance of a particular aspect of a pool with respect to Building Code Clause F4 Safety from falling. The determination also considers whether the authority was correct to refuse to issue a code compliance certificate for the work and whether a waiver or modification of Clause F4.3.1 should be granted.

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 an existing pool barrier that incorporates a number of sliding wall panels and for which a code compliance certificate had previously been issued. The determination describes various pathways to establishing compliance for the purpose of section 162C of the Building Act 2004, and considers whether the pool barrier complies by any of those means. The determination also considers whether an exemption had been granted under the Fencing of Swimming Pools Act 1987.

Note: This determination is subject to appeal.

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 an existing pool barrier that incorporates brick columns and walls and sections of metal fencing, and hedges. The determination describes various pathways to establishing compliance for the purpose of section 162C of the Building Act 2004, and considers whether the pool barrier complies by any of those means. The determination also considers the status of an exemption granted under the Fencing of Swimming Pools Act 1987.