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2024/061: Regarding a proposed notice to fix for the construction of a cable car building, two sets of stairways, and a toilet and shower building

This determination looks at building work to construct a cable car building, two sets of stairs, and the installation of a toilet and shower building at the property.

The determination considers the authority’s proposed decision to issue a notice to fix and the compliance of the stairways with Building Code Clauses D1 – Access routes and F4 – Safety from falling.

It considers whether there was a requirement to obtain building consent for the work carried out as well as whether the stairways require handrails and/or a barrier.

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2015/070:Regarding the refusal to issue a building consent for the change of use from commercial to residential of one level in a multi-level building

This determination discusses the assessment required under section 115 when there is a change of use to only part of a building, particularly how the phrase “the building, in its new use” in section 115 applies and in respect of Building Code clause B1 Structure. The discussion also considers information provided by way of an Initial Seismic Assessment (ISA) in relation to that assessment, and the separate functions performed by authorities under section 112 and section 115.

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2015/014: Regarding the issue of a dangerous building notice for a house

Discussed whether a multi-unit dwelling had adequate fire safety features for the three residential units in the same dwelling, and whether the building was dangerous under section 121 (1)(b) of the Act. Discussed “occupancy” and whether a “change of use” had occurred. Also considered whether the building complied with the Building Code and the threshold at which at a building may be considered “dangerous” when it does not comply.

An appeal was lodged against this determination.

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2023/027: The compliance with clause E2 of a proposed direct-fixed plywood cladding system on a building

This determination considers whether the proposed direct-fixed version of the plywood cladding system complies with Building Code Clause E2.3.2, specifically when considering the use of BRANZ Appraisal no 765 (2017) as evidence to show compliance. The scope of the appraisal requires a risk score of 0-6, as calculated in acceptable solution E2/AS1, and this determination assesses whether the proposed application falls within those bounds.

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2015/016: Regarding the compliance of repairs to a foundation slab of a house

Determination arose from repairs carried out as exempt building work by the Project Management Office as established by the Earthquake Commission, and whether the repaired concrete floor slab on ground subject to liquefaction and categorised as Foundation Technical Category 2 (TC2) complies with the Building Code. Discussed whether the work required building consent or was exempt under Schedule 1 (a) and whether the repair work constitutes a “substantial” replacement.

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2015/050: Regarding the refusal to issue a code compliance certificate for a 19 year-old house with a 14 year-old addition

This determination considers the compliance of the building work in light of a refusal to issue a code compliance certificate; the refusal was primarily on the grounds of concerns regarding weathertightness and durability of the exterior cladding given the building’s age and its history.

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2023/028: Regarding the compliance of a pool barrier with section 162C of the Building Act 2004

This determination considers whether a metal pool barrier, with surrounding vegetation and gaps which are larger than 100mm, complies with section 162C of the Building Act. The determination discusses the various pathways to compliance, including the Fencing of Swimming Pools Act 1987, clause F4 of the Building Code applicable at the time pool was constructed, clause F9 of the current Building Code and Acceptable Solution F9/AS1.

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International symbol of access (ISA)

Know what the international symbol of access means, where it should be used and how to use it well.

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: