Previous determinations

This determination considers elements of a pool barrier and their compliance with section 162C of the Building Act 2004. Those elements were constructed, installed, or erected prior to s162C coming into force, as part of a wider set of alterations at the property.

This determination considers whether the authority was correct to refuse to issue two amendments to the building consent regarding a pool barrier. The amendments were refused as compliance with Clause F9 of the Building Code, Means of restricting access to residential pools, had not been demonstrated. The determination considers whether a pavilion, patio and soft landscaping area can be considered part of the 'immediate pool area'.

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.

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 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.