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2019/004: Decisions to refuse to issue a code compliance certificate and to issue a notice to fix in respect of a solid fuel heater

Note: This determination is subject to clarification

 

This determination concerns an as-installed solid fuel heater installed without the clearance behind it that was described in the manufacturer’s installation instructions.  The determination considers the compliance of heater and a notice to fix issued in respect of this work.

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2018/061: Installation of a replacement wood burner and wetback where a new tempering valve was also installed

This determination considers the installation of a tempering valve to an existing hot water system in a house that was being altered: the alteration involved the replacement of both a wood burner and wetback water heater.  A tempering valve was installed as part of the alteration and the determination considers the compliance of the existing hot water system to the extent required by section 112 of the Act.

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2018/059: Issue of a notice to fix in respect of the compliance schedule and building warrant of fitness for a building

Note: This determination is subject to clarification

 

This determination concerns a notice to fix issued by an authority in respect of the specified systems in a building, the compliance schedule, and the building warrant of fitness. The determination considers whether the notice to fix was correctly issued, the information to be provided in a compliance schedule, and the issue of the building warrant of fitness.

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2018/050: Notice to fix issued for the change of use of a house

This determination considers whether the building has undergone a change of use and the exercise of the authority's powers in issuing a notice to fix for failure to notify the change of use. The determination considers the use category and whether compliance requirements in the new use are additional or more onerous than the requirements related to the old use.

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2018/042: Refusal to issue a code compliance certificate for a viewing platform

This determination considers the compliance of a viewing platform and associated parking with Clause D1 Access routes, and whether an access route to the platform for people with disabilities was needed. The determination also considers whether the gravel access track and car parking provide reasonable and adequate access in terms of Clauses D1 and B2 Durability.

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2018/041: Building consent for a conference centre and the use of large building components prefabricated offshore

This determination considers the authority’s refusal to grant a building consent in relation to a structure that uses large building components prefabricated offshore. The determination discusses what is and is not “building work” in relation to the scope of building consents that use prefabricated components, as well as authority’s abilities to assess compliance of components that are prefabricated offshore.

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2018/019: Compliance of the base of a wall to a large shed containing a dwelling

This determination considers the compliance of a base flashing detail installed to a portion of a shed containing a dwelling to resolve moisture ingress.  The determination discusses the extent of the remedial work required in relation to the uses of the shed and their relative Building Code obligations.

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2018/013: Decision to require a building consent for the installation of a frost fan

This determination considers whether a frost fan falls within the definition of "building", and whether building consent is required for its installation.  The determination also discusses exemptions under Schedule 1 of the Building Act and the authority's requirement for an electrical works certificate

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2021/019: Regarding the compliance of a swimming pool barrier that incorporates an existing balcony balustrade

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.

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2020/032: Regarding the compliance of a soil fixture space without a hand basin with Building Code Clause G1 Personal hygiene

This determination considers the compliance of a soil fixture space which does not contain a hand basin. The determination discusses the term "immediately adjacent" and whether the soil fixture space without a hand basin complies with Building Code Clause G1 Personal hygiene by way of the Acceptable Solution G1/AS1 and if not whether the space complies with Clause G1 as an alternative solution.

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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: