Description

This determination considers an authority’s decisions to issue two notices to fix for a newly constructed indoor playground.

The determination considers whether the notices are adequately detailed, and whether there were grounds to issue the notices, including whether the building work was exempt from the requirement to obtain a consent, and whether the playground complies with Building Code Clause B1 Structure.

Conclusion:

1. The building work to construct the indoor playground was not exempt from the requirement to obtain a building consent and the authority had grounds to issue a notice to fix under section 164.

2. The building work to construct the original indoor playground did not comply with clause B1.3.3(f) and the authority had grounds to issue a notice to fix.

3. The form and content of the first and second notices to fix did not adequately specify the particulars of contravention or non-compliance as required by the prescribed form.

4. As the authority has since issued a certificate of acceptance for the completed building work, I have elected not to exercise any powers under section 188(1)(a) in this determination in respect of the two notices to fix.

Decision:

In accordance with section 188 of the Building Act 2004, it has been determined:

1. the authority had grounds to issue notices to fix for contravening section 40(1) and non-compliance with clause B1.3.3(f) in respect of the construction of the four indoor playground structures.
2. the form and content of the first and second notices to fix did not adequately specify the particulars of contravention or non-compliance as required by the prescribed form.