Previous determinations

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 The acceptable solution provided for in section 450A was revoked by way of Gazette notice on 27 April 2017.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 a trellis fence with the provisions of the Building Act that require the restriction of access by unsupervised young children to the swimming pool or immediate pool area.  The trellis has gaps up to 45mm high x 40mm wide and was installed with the horizontal slats on the outside face of the fence.

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 The acceptable solution provided for in section 450A was revoked by way of Gazette notice on 27 April 2017.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 is in relation to a pool barrier that has mature palm trees outside of and adjacent to it. The determination concerns the barrier’s compliance with the Building Code to the extent required by section 162C of the Building Act.

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 The acceptable solution provided for in section 450A was revoked by way of Gazette notice on 27 April 2017.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 a pool barrier made up of walls and doors of a building that was subject to an exemption under the Fencing of Swimming Pools Act. The determination considers whether the barrier complies to the extent required by section 162C of the Act. 

This determination considers whether the barrier to a swimming pool complies with Clause F9 – Means of restricting access to residential pools of the Building Code. This includes an assessment of the compliance of sliding doors that form part of the barrier to the swimming pool.

This determination considers the compliance of a proposed pool barrier with Clause F9 – Means of restricting access to residential pools of the Building Code. The determination considers whether the area enclosed by the proposed pool barrier should be included within the immediate pool area.

This determination considers the code compliance of sliding and hinged doors that form part of the barrier to a pool. The determination assesses the barrier against the performance requirements of Building Code Clause F9 – Means of restricting access to residential pools.

This determination considers whether the barriers to a small heated pool comply with Clause F9 – Means of restricting access to residential pools. The determination also discusses the waiver and modification provisions within the Building Act.

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 a pool that is wholly enclosed within a dwelling but that doesn’t have a physical barrier to restrict access by unsupervised children. The determination discussions the exemption from the requirement to have a barrier that was granted under the Fencing of Swimming Pools Act, and the relationship with the current provisions for barriers to residential pools under the Building Act.

This determination considers the compliance of a barrier to a swimming pool that includes the exterior wall of the house with five sliding doors in it.  The determination assesses the barrier against the performance requirements of Clause F9 of the Building Code (Means of restricting access to residential pools), and considers whether the area encompassed by the proposed barrier is the immediate pool area.

This determination concerns the balustrade to a deck above an immediate pool area and the compliance of the barrier in relation to a set of external stairs from the deck to the pool. The determination considers whether the deck itself is included within the immediate pool area and whether the stairs are a climbable projection.