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This determination considers an existing swimming pool barrier, comprised partly of the south wall of a dwelling and a garage wall, and whether it complies with section 162C of the Building Act 2004. The determination also discusses whether the doors on the south wall of a dwelling were included in an exemption granted under the Fencing of Swimming Pools Act 1987. The determination also considers whether the area encompassed by the south wall of a dwelling (the rear yard) can be considered to comprise the immediate pool area.

The determination considers the authority’s proposed decisions to refuse to issue code compliance certificates for two separate building consents for the construction, and subsequent alterations, to a detached dwelling. The determination considers the authority’s reasons for the refusals and whether sufficient information has been provided to the authority for it to be satisfied the building work complies with the Building Code that applied at the time the building consents were 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 The acceptable solution provided for in section 450A was revoked by way of Gazette notice on 27 April 2017.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...