2023/022: Regarding the compliance of an existing pool barrier with section 162C and consideration of a waiver or modification - 30 Redwood Grove, Tamahere, Hamilton
- Abbreviation
- 2023/022
- Valid from
- 22/08/2023
- Information provider
- Ministry of Business, Innovation and Employment,
- Information type
- Determination,
- Format
- PDF,
Description
This determination discusses whether a pool barrier with surrounding vegetation complies with section 162C of the Building Act.
It discusses the various pathways for compliance including the Fencing of Swimming Pools Act 1987 and clauses F4 and F9 of the Building Code.
The determination also considers whether a waiver or modification is appropriate in the circumstances.
Decision:
In accordance with section 188 of the Building Act 2004, it was determined that:
- the existing pool barrier does not comply with Building Code to the extent required by section 162C of the Act.
- it is not appropriate to grant a waiver or modification of section 162C under section 188(3)(aa) of the Act