Previous determinations

Determinations are made by MBIE on matters of doubt or dispute to do with building work. Rulings are legally binding, but only in relation to each case.

Previous determinations may provide some useful guidance for those faced with similar problems, but note that individual circumstances may vary.

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2017/074: Requirement for fire resistance of a timber deck

This determination considers whether the structure without fire resistance complies with Clause C3 of the Building Code.  The determination discusses whether the structure as constructed satisfies C/AS1 and whether it complies as an alternative solution.

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2017/040: Refusal to grant a building consent for proposed supermarket alterations

This determination concerns the refusal to issue a building consent for alterations to an existing supermarket building because it was believed the proposed work did not comply with the fire safety clauses of the Building Code. The determination considers the requirements of the legislation as it applies to the alteration. The fire engineer initially used a verification method to show compliance, and the determination discusses what this method requires.

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2017/023: Compliance of the substitution of automatic fire sprinkler systems for heat detectors in a basement carpark

This determination considers the compliance of a Type 6 automatic fire sprinkler system in a basement carpark with Clause C4.3. The determination discusses whether heat detection is required, or if the installed Type 6 automatic fire sprinkler system satisfies the Acceptable Solutions as heat detection. The determination discusses whether there are any significant differences between a sprinkler system and heat detectors that would affect life safety.

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2017/022: Refusal to grant a waiver of Clause C3.4(b) of the Building Code in respect of the use of an artificial turf floor surface lining

This determination considers the compliance of the artificial turf flooring with Clause C3.4(b) of the Building Code. The determination discusses the allowances within the Acceptable Solutions for non-compliant surface finishes, and whether there are reasonable grounds to issue a waiver of the building consent in respect of the artificial turf.

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2017/002: Requirement for fire resistance of a slatted timber deck over a car parking area to new townhouses

This determination considers whether the proposed deck construction would comply with Clause C3 of the Building Code. The determination discusses whether the timber slatted deck over a carport is a roof for the purpose of C/AS1 and whether the design is an alternative solution.

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2016/058: Regarding whether fire door signage is required to hotel suites

This determination considers whether signage is required between the common corridor and guest suites in a hotel in order to satisfy Clause F8 of the Building Code. The determination discusses the risks of the doors being wedged open and whether this constitutes a potential hazard.

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2016/048: Section 112 requirements to remediate the fire separation between units in an apartment complex, and compliance of the proposed solution

This determination concerns construction defects that were exposed during building work undertaken to remediate weathertightness issues. The determination considers the code-compliance of the use of intumescent sealant without plasterboard patches for penetrations in intertenancy walls, and discusses the application of section 112 of the Act in respect of the defects in existing construction including those not exposed as part of the proposed building work.

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2016/022: Authority's proposed exercise of its powers to refuse to grant a certificate under section 224(f) of the RMA for a unit title development

This determination considers the requirements under section 116A with respect to fire rating of an inter-tenancy wall. The determination discusses the relationship between the Building Act, the Resource Management Act and the Unit Titles Act in respect of unit title developments and subdivision.

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2015/077: Regarding the authority's exercise of its powers of decision in requiring notice of a change of use

This determination involves two adjoining household units. The determination discusses whether the Building Code obligations relating to fire separation apply given the age of construction and whether there has been a change of use.

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2015/074:Regarding the installation of a lift without building consent, and a request to remove the compliance schedule ...

Regarding the installation of a lift without building consent, and a request to remove the compliance schedule, for a multi-unit residential building.

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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: