Description

The dispute between the parties relates to the decision of the authority to refuse to issue a code compliance certificate for a swimming pool.

The reason given by the authority for the refusal was that 'the sliding doors giving access to the pool area from the dwelling are non-compliant with the Swimming Pools Fencing Act 1987'.

The resolution of the dispute relies on the determination of the code compliance of the barrier, and therefore it must be determined whether the pool barrier, which includes sliding doors, complies with Clause F4 Safety from falling of the Building Code. Therefore, the matters for determination, in terms of sections 177(a) and 177(b)(i) are:

1. Whether the pool barrier, which includes sliding doors, complies with Clause F4 of the Building Code;
2. Whether the authority was correct to refuse to issue the code compliance certificate for the swimming pool.