2011/057: Refusal to issue code compliance certificate for five units in a 10 year-old development completed under supervision of a building certifier
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- Ministry of Business, Innovation and Employment
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This determination arises from the authority's decision to refuse to issue a code compliance certificate for five, 10-year-old residential units because it was not satisfied that the buildings complied with certain clauses of the Building Code. The authoritys primary concerns about compliance of the building relate to the weathertightness of the cladding. The building work had been undertaken under the supervision of Bay Building Certifiers (the building certifier), which was duly registered as a building certifier under the former Building Act 1991 but which ceased operating as a certifier before it had issued a code compliance certificate for the work. The matter to be determined is whether the authoritys decision to refuse to issue the code compliance certificate was correct. In deciding this matter the following must be considered: 1-Whether the external envelope of the units (the external envelope) complies with Clause B2 Durability and Clause E2 External Moisture of the Building Code. The external envelope includes the components of the systems (such as the claddings, the windows, the roof tiles and the flashings), as well as the way the components have been installed and work together; 2-Whether the elements that make up the building work comply with Clause B2 Durability of the Building Code, taking into account the age of the dwellings.