Description

This determination looks at building work to construct a cable car building, two sets of stairs, and the installation of a toilet and shower building at the property.

The determination considers the authority’s proposed decision to issue a notice to fix and the compliance of the stairways with Building Code Clauses D1 – Access routes and F4 – Safety from falling.

It considers whether there was a requirement to obtain building consent for the work carried out as well as whether the stairways require handrails and/or a barrier.

Decision

In accordance with section 188, it has been determined:

1. Regarding compliance with the Building Code:
   • The upper stairway as constructed is an access route and must comply with D1.3.1 and D.1.3.3 (j) and (k). Without handrails, it does not. The lower stairway is not an access route and therefore the performance requirements of clause D1 do not apply.
   • The elevated landing contains a fall greater than 1 meter and does not comply with F4.3.1. A barrier must be provided which meets the performance requirements of clause F4.
2. Regarding the proposed notice to fix:
   • The construction of the cable car building does not require building consent as it falls within the scope of clause 3B of Schedule 1 of the Act and was not grounds to issue the proposed notice to fix.
   • The construction of the elevated landing and the connection of the temporary toilet and shower building to existing water supply and foul water drainage required building consent and were grounds to issue the proposed notice to fix.
   • The proposed notice to fix does not meet the form and content requirements of section 165.

Accordingly, the proposed decision to issue the notice to fix has been reversed.