When receiving enquiries from owners or designers requesting information relating to approved/recommended materials, systems or contractors the Building Authority advises that council remains impartial on such matters.

Council does not provide guidance on materials, methods or systems to achieve compliance with New Zealand Building Code (NZBC) requirements.

Contractors

Council does not advise on recommended contractors.

Designers

A designer is responsible for ensuring the plans and specifications or the advice in question, is/are sufficient to result in the building work complying with the building code, if the building work were properly completed in accordance with those plans and specifications or that advice.

The Building Act 2004 ushered in new legislation to govern the building industry from 30 November 2004.

The new Building Act aims to improve control of, and encourage better practices in building design and construction. This means:

1. more clarity on the standards we expect buildings to meet
2. more guidance on how those standards can be met
3. more certainty that capable people are undertaking building design, construction and inspection
4. more scrutiny in the building consent and inspection process
5. better protection for homeowners through the introduction of mandatory warranties.

The Building Act 2004 repeals the Building Act 1991 and dissolved the Building Industry Authority, which regulated the building industry under the 1991 Act. Administration of the Building Act is completed by the Ministry of Business, Innovation and Employment (MBIE).

Further information about the Building Act 2004 can be found at building.govt.nz. This site also provides guidance and information about your rights and responsibilities as you build or renovate.

The following bulletin is to provide you with an update as to the Mackenzie District Council Building Control Departments current view around required on site engineering monitoring.

Background

The Building Act 2004 Part 1 subpart 7 includes under plans and specifications states-

(b) includes the proposed procedures for inspection during construction, alterations, demolition, or removal of a building.

When the Building Control Authority (BCA) process a building consent application in many cases third party inspections are identified and when applicable, form part of the approved building consent.

For example, Geotechnical site observation or structural engineering on site observation.

The BCA are having numerous issues with engineers not conducting on site monitoring and not providing site reports with a PS4.

This has then created issues with your clients achieving insurance requirements as the BCA are unable to issue Code Compliance.

Council Inspections

It is worth noting that whilst the Council look at foundations, slabs, etc we also look at other factors to which an engineers will not, for example, location of building to boundaries, sediment control matters, etc.

When an engineer has stated that they will undertake site monitoring as listed in their schedule of inspections which accompanies the PS1, it would be fair to say that would be the expectation.

If, however, this does not occur, this then creates issues when the BCA are undertaking a review of documents required to support the approved building consent with an application for Code Compliance.

In other words, the BCA cannot be satisfied on reasonable grounds that the completed works are, in, fact in accordance with the approved documents.

Conclusion

It is the view of the BCA that where third-party verification has been shown on the approved consented documents and this has not been provided at the required inspection, the BCA will block future inspections occurring until the required documentation has been supplied for verification.

It is, therefore, vital that you check all the required items listed with the approved building consent and engage your engineer at your earliest convenience to enable the required inspections to occur by them.

Building rules for swimming pools

The Building (Pools) Amendment Act 2016 came into effect on 1 January 2017. The act aims to reduce the number of drownings in pools across New Zealand.

The act repealed the previous 'Fencing of Swimming Pools Act 1987', replacing it with specific safety clauses in the Building Act 2004, particularly to help keep children safer around pools.

Key changes include

• Swimming pool inspections take place on a three yearly basis by Council or an independently qualified pool inspector.
• Spa pools and hot tubs are able to use a lid or safety cover for a barrier, instead of a fence.
• Council has additional enforcement tools including the ability to issue a notice to fix.

Existing swimming pools

Council will check all known swimming pools in the Mackenzie District to make sure they either comply with the Building (Pools) Amendment Act 2016 rules - or rules were in place at the time the pool was built.

Booking an inspection

To book a swimming pool inspection, contact the Building Team on 0800 685 8514 or email building@mackenzie.govt.nz

Swimming Pool checklist

Before booking an inspection, please fill in the Swimming Pool checklist.

Any remedials that do not require a Building Consent can then be completed before an inspection is booked.

If you are unsure if a Building Consent is required contact building@mackenzie.govt.nz

Fencing barriers of swimming pools

All swimming pools able to be filled to 400mm or deeper must be inspected every three years. You can choose to have your pool inspected by a swimming pool inspector or by Council.

If your pool doesn't pass its first inspection, Council will issue a notice to fix. Once issues concerned are fixed, the pool is re-inspected.

Does my pool need a barrier?

Any pool able to be filled to a depth of 400mm or more must have a physical barrier like a fence, gate or door, regardless of if the pool is full, partially full, or empty.

Portable pools over 400mm deep require the same standard of fencing of permanent swimming pools. Paddling pools with a maximum depth of less than 400mm are exempt from this rule.

A building consent is required before a pool and pool barrier are installed. The only exception is a safety cover for a small heated pool.

Type of barrier required?

A barrier can include a fence, gate or door. The key rule for the barrier is that it is able to restrict access to the pool for unsupervised kids under five years old.

If you are building a new barrier, it must follow these rules:

Gates and doors must:

• Open away from the pool.
• Restrict access to young children when closed.
• Close automatically or have a warning sound when open.

Fences must:

• Be at least 1.2m high, measured from the ground or any object in the pool area.
• Not be easily climbed by young children.

To check if your barrier complies, contact the Building team on 0800 685 8514.

Small heated pools and spas

The exception to the barrier rules are certain small heated pools. A lid or safety cover is able to be used as long as:

• The water surface is 5m² or less.
• The side walls of the pool are at least 760mm high and cannot be climbed.

The cover must:

• Include a sign that shows its safety features.
• Restrict entry of children under 5 years old when closed.
• Be able to hold a foreseeable load.
• Be closed easily.

If a safety cover meets these requirements, the small heated pool or spa will not require an inspection.

Further resources

• Building Performance - Safety guidance for pool owners

New swimming pools

A building consent is required for a new swimming pool. The pool needs to comply with rules set out in the building code.

• Building Consent information, forms and guides.

Frequently Asked Questions

I had my pool installed years ago, will I need to change my fence to fit the new rules?

No. Your swimming pool fence must comply with the new rules - or with the rules that were in place when your pool was built. You still need to get it inspected.

Do I need to get my swimming pool inspected?

If the swimming pool is able to be filled to 400mm or deeper, inspection will be required, regardless of if the pool is permanent or portable, indoor or outdoor. The rules apply whether the pool is full, partially full, or empty.

Payment options for inspections?

Either:

• In person, at the Fairlie and Twizel Council offices - Cash, EFTPOS or credit card
• Via internet banking.

Who will do the inspection?

A member of the Building team will visit your property to conduct your inspection.

Am I able to use someone else instead of Council?

Yes, your pool can be inspected by an independently qualified pool inspector or by Council.

If you have your pool inspected by someone else, please contact us, and provide a copy of your inspection report.

What if my pool doesn’t pass the inspection?

If your pool does not meet the legal requirements, you will be advised of any issues and given time to make repairs or adjustments as necessary.

In certain cases Council may issue a Notice to Fix. Failing to comply with this notice can lead to an infringement notice being issued or prosecution.

Are pool inspections done after hours?

Pool inspections are within office hours only - Monday to Friday, 8:30pm - 5pm.

Do I need to be present while the pool is being inspected?

No. As long as the inspector is able to access the swimming pool then you do not need to be present. If the inspector is unable to access your property by themselves, you will need to make arrangements to give access.

My home is rented - how can I check if the pool has passed inspection?

Get in touch with your landlord, or contact Council to check that the pool is compliant.

Responsibilities for pool compliance when renting?

The responsibility is shared between the land/property owner and the tenant.

In order for Mackenzie District Council Building Consent Authority to effectively process building consent applications the following changes are being implemented and are effective immediately.

Ground bearing verification

Confirmation of site soil bearing capacity needs to be provided at application stage in order for the building consent officer processing the application to be satisfied on reasonable grounds the proposed foundation design is in accordance with the nominated compliance path, i.e. NZS3604:2011.
NZS3604:2011 Section 3 provides test methods for determining soil bearing capacity for buildings designed in accordance with the standard.

If a site does not comply with the definition of good ground, as described in NZS3604:2011, the foundations shall be the subject of specific engineering design (SED) and investigation as appropriate

Specific Engineering Design (SED) elements

Where building consent applications contain significant Specific Engineering Design (SED) elements supported by a PS1 statement (Design) an appropriate construction monitoring schedule, from a suitably qualified individual (CPEng) will be required to be provided as part of the Building Consent application documentation.

Minor SED elements contained within the design will be assessed for suitability of inspection by MDC Building Inspectors at time of processing.

Guidance on how to manage the Building Warrant of Fitness (BWoF) process in the event that a scheduled IMR procedure has been missed is on the building.govt.nz 'Inspection and maintenance of specified systems' page here.

The page also contains links to the new forms that have been developed. This guidance is not mandatory but offers an option for building owners and TAs where there are legitimate reasons for the missed procedures.

Update on Plumbing and drainage, protection from fire , structural stability of hollow core floors and energy efficiency.

Find out more.