NEW ZEALAND BUILDING CODE – A Swimming Pool & Spa Overview
The Building Code sets performance standards for all New Zealand building work.
The Building Code sets performance standards for all New Zealand building work.
The Building Code is contained in Schedule 1 of the Building Regulations 1992. It sets the performance standards that all building work must meet, even if it doesn't need a building consent.
The Building Code covers aspects such as structural stability, fire safety, access, moisture control, durability, services and facilities, and energy efficiency.
It also sets the minimum standards building work must perform to, but not how to meet them. You cannot do less than the minimum standards, but you can exceed them.
Legislation and regulations
All building work in New Zealand must meet certain requirements. They are set out in legislation and regulations that determine how work can be done, who can do it, and ensure the system has checks and consumer protection in place.
The building regulatory system sets out a framework to promote good quality decisions being made during the building process. The legislation and regulations work together as the building regulatory system:
· Building Act 2004 – the primary legislation governing the building and construction industry
· Building Code – contained in Schedule 1 of the Building Regulations 1992, sets the minimum performance standards buildings must meet
· Other Building Regulations – detail particular building controls (eg prescribed forms, list of specified systems, definitions of 'change the use' and 'moderate earthquake', levies, fees and infringements).
Housing: Applies to buildings or use where there is self care and service (internal management). There are three types:
Detached Dwellings
Multi-unit Dwelling
Group Dwelling
Communal residential:
Housing: Applies to a residential building or use where a large degree of assistance or care is extended to the principal users. There are two types:
Unrestrained; where the principal users are free to come and go. Examples: a hospital, an old people’s home or a health camp.
Restrained; where the principal users are legally or physically constrained in their movements. Examples: a borstal or drug rehabilitation centre, an old people’s home where substantial care is extended, a prison or hospital
Communal non-residential: Applies to a building or use being a meeting place for people where care and service is provided by people other than the principal users. There are two types:
Assembly Service
Assembly Care
Commercial: Applies to a building or use in which any natural resources, goods, services or money are either developed, sold, exchanged or stored. Examples: an amusement park, auction room, bank, car-park, catering facility, coffee bar, computer centre, fire station, funeral parlour, hairdresser, library, office (commercial or government), police station, post office, public laundry, radio station, restaurant, service station, shop, showroom, storage facility, television station or transport terminal.
Industrial: Applies to a building or use where people use material and physical effort to:
extract or convert natural resources,
produce goods or energy from natural or converted resources,
repair goods, or
store goods (ensuing from the industrial process).
Examples: an agricultural building, agricultural processing facility, aircraft hanger, factory, power station, sewage treatment works, warehouse or utility.
Outbuildings: Applies to a building or use which may be included within each classified use but are not intended for human habitation and are accessory to the principal use of associated buildings. Examples: a carport, farm building, garage, greenhouse, machinery room, private swimming pool, public toilet, or shed.)
Ancillary: Applies to a building or use not for human habitation and which may be exempted from some amenity provisions, but which are required to comply with structural and safety-related aspects of the building code. Examples: a bridge, derrick, fence, free standing outdoor fireplace, jetty, mast, path, platform, pylon, retaining wall, tank, tunnel or dam.
The next tier in the triangle includes different compliance pathways to comply with the Building Code. These pathways include alternative solutions, verification methods or acceptable solutions.
An alternative solution is a flexible option that promotes innovation. It allows the use of an innovative method or material provided it can be shown to comply with the performance requirements of the Code.
Deemed to comply solutions include either verification methods or acceptable solutions. Deemed to comply methods are the easiest ways to ensure a building meets the performance requirements set out in the Building Code.
The Building Code regulatory framework is illustrated in Figure 1, below.
CLAUSE F9—MEANS OF RESTRICTING ACCESS TO RESIDENTIAL POOLS
The objective of this provision is to prevent injury or death to young children involving residential pools.
Residential pools with a maximum depth of water of 400 mm or more that are filled or partly filled with water must have means of restricting access that prevents unsupervised access by a child under 5 years of age.
Residential pools must have or be provided with physical barriers that restrict access to the pool or the immediate pool area by unsupervised young children (ie, under 5 years of age).
Barriers must either—
surround the pool (and may enclose the whole or part of the immediate pool area); or
in the case of a small heated pool, cover the pool itself.
Performance F9.3.2(b) applies only to those small heated pools where the top surface of every wall of the pool is at all points not less than 760 mm above the adjacent floor or ground and the walls of the pool inhibit climbing.
A barrier surrounding a pool must have no permanent objects or projections on the outside that could assist children in negotiating the barrier.
Any gates must—
open away from the pool; and
not be able to be readily opened by children; and
automatically return to the closed position after use.
Where a building forms all or part of an immediate pool area barrier,—
doors between the building and the immediate pool area must not be able to be readily opened by children, and must either—
I. emit an audible warning when the door is open; or
II. close automatically after use:
windows opening from a building into the immediate pool area must be constructed or positioned to restrict the passage of children.
Where a cover is provided as a barrier to a small heated pool, it must—
restrict the entry of children when closed; and
be able to withstand a reasonably foreseeable load; and
be able to be readily returned to the closed position; and
have signage indicating its child safety features
For more information, visit the Building Performance to access the NZ Building Code.
New Zealand Determinations for pools
Determinations are legally binding decisions made by the Ministry of Business, Innovation and Employment (MBIE).
New Zealand Determinations for pools
Determinations are legally binding decisions made by the Ministry of Business, Innovation and Employment (MBIE).
They are for matters of doubt or dispute concerning building work outlined in the Building Act and the Building Code. They are not for disputes about workmanship. Most determinations are applied for by building owners, but councils and certain other people can also apply.
Who can apply for a determination?
You can apply for a determination if you are a:
building owner
licensed building practitioner concerned with the relevant building work
council or building consent authority
A person who is issued with a notice to fix.
A neighbour or owner of an 'other property' where the building work of a nearby property is affecting the protection of your own. This relates to issues such as land stability, surface water run-off and potential spread of fire between properties.
a Person with a direct interest in the issue if it relates to access and facilities for people with disabilities
What determinations can decide
A determination can:
Decide on whether building work complies with the Building Code. The building work can be planned, underway or complete.
Confirm, reverse or modify council decisions on specific issues. For example, a determination may say the council was correct to refuse to issue a particular building consent.
A determination is not intended to replace the council's decision-making process and responsibility but to consider particular matters in dispute.
Determinations can only consider council decisions relating to:
building consents
notices to fix
code compliance certificates
compliance schedules
granting waivers or modifications of the Building Code
Discretionary exemptions from requiring building consent (which councils can make under Schedule 1(2) of the Building Act)
compliance requirements for building alterations
changes in building use
building code compliance requirements for a building subdivision
dangerous, affected, and insanitary buildings
earthquake-prone buildings
In most cases, applications for determinations are regarding council decisions. However, 'responsible persons' may exercise powers under the Act during an emergency.
See sample of determinations made on swimming pools:
For more examples click here and type in “swimming pool” as key word search
Showing your products comply with the Building Code
Overview
If you make or supply a building product, you are responsible for making sure it complies with the Building Code.
The Building Code states, in general terms, how a completed building must perform in its intended use. In other words, it is a performance-based Building Code. It contains 38 technical clauses that cover a wide range of matters from structure and weathertightness through to energy efficiency and safety from fire.
You will need to provide evidence of compliance with all relevant Building Code clauses and may need to get your product tested, appraised, or even certified.
The amount of time and cost involved, and how far you want to go will depend on factors such as:
· the nature of your building product or system, including the degree of risk involved in its use
· the Building Code clauses you need to show compliance with
· who needs to rely on your information and what technical evidence you already have
· whether your product is new to the New Zealand market and innovative, or has already been used here and has proven performance
· the degree of marketing advantage you are after.
You have various options to show your product meets the requirements of all the relevant Building Code clauses. You may need to pursue more than one. These options include:
· technical information
· independent assessments
· industry-based schemes
· appraisals
· product certification.
Products must demonstrate through evidence how claims are supported
As the manufacturer or supplier of a product, you make claims about how your product can be used and how well it will perform. These claims must be correct and backed up with suitable evidence and information that confirms this.
You need to provide this technical evidence to:
· meet your Building Act obligations under section 14G
· show compliance with the Building Code
· assure users every product is made to the same specification and quality.
The information and evidence you provide needs to be reliable and suitable for many users. It may be considered by anyone from a merchant choosing your product’s suitability for their store, or a designer wanting to specify materials for a new project, through to a building consent authority (BCA) deciding whether building work containing your product is Building Code compliant.
You can support the claims you make about your product in a number of ways, including with:
· technical opinions
· independent assessments
· laboratory testing
· proof of in-service history.
Building Performance have put together a rage of guidance notes to help pool owners understand the pool fencing requirements of the Building Act 2004. The information can also assist industry in better understanding the legislation, permit and building process.
Topics include:
Pools that require a barrier
Why fence pools?
Barrier requirements
Safety covers for small, heated pools
Applying for a building consent
Mandatory inspections every three years
Better enforcement powers