Description

The dispute between the parties related to the authority's decision to refuse to issue a certificate of acceptance for a spa pool and swimming pool already constructed on the applicants' property.

The reason given by the authority for this decision was because parts of the barriers surrounding the swimming pool and spa pool did not comply with the requirements of Clause F4 of the Building Code.

The matters for determination were:

1. Whether the barrier to the spa pool area that included a sliding door complied with Clause F4 with respect to the requirement to restrict the access of children under six years of age to the pool area;
2. Whether the wall of the spa pool area, which incorporated blocks protruding out from the wall complied with Clause F4 with respect to safety from falling;
3. Whether the swimming pool wall, which was over 1200mm above ground level, complied with Clause F4 with respect to safety from falling;
4. Whether the authority was correct to refuse to issue a certificate of acceptance for the pool structures.