Building Consents
1. What is a Building Consent?
A Building Consent is approval to carry out building work and is issued by a Building Consent Authority (BCA) once detailed drawings and specifications have been checked to ensure that the proposal meets the requirements of the Building Code. A building consent is a legal document issued by a BCA in accordance with the Building Act 2004.
At this stage there are no private Building Consent Authorities, so the consent must be approved and issued by the Council.
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2. When do I need a building consent?
A Building Consent is required for all work involving construction, alteration, demolition and maintenance of new and existing buildings. This includes:
1. Swimming pools and their fences, and spa pools
2. Retaining walls higher than 1.5m
3. Garages and carports
4. Structural building: alterations, extensions, re-piling
5. New buildings
6. Decks, platforms or bridges more than 1.5m off the ground
7. Fences (higher than 2.5m)
8. Plumbing and drainage work (except repairs)
9. Any building located within its height of the boundary ( a 2.4m high building must be at least 2.4 m from the boundary to be exempt)
10. Heating including fireplaces, ventilation and some air conditioning systems
11. Lifts
12. Demolition or removal of a building
13. Relocation of a building
14. Change of use of a building
15. Sheds greater than 10 square metres in floor area
16. Changing the pressure of the hot water cylinder from high to low pressure or vice versa
17. Heating, ventilation and air conditioning systems necessary for the functioning life of the building (commercial)
18. All solid and liquid space heaters, or heating systems using reticulated water.
Exterior:
19. Removing an in ground swimming pool
20. Installing a swimming pool and spa pool including paddling pools (permanent or temporary) with depth capable of 400m, including alterations to any of the above
21. Marquees over 100 square metres (for the public) or 100 square metres (private)or staying up for more than 1 month
22. Shade Sail over 50 square metres
23. Install a container on your property as a permanent or temporary fixture if to be used as a building
A Building Consent allows you to carry out building work in accordance with the consent and associated plans and specifications, provided all other requirements have been met.
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3. Can I apply for an Exemption from Building Consent?
In certain circumstances Council’s Building Services Department Manager can approve an exemption from Building Consent for non-residential projects which fall beyond the scope of the standard exemptions. This process is intended to cover extremely minor works (in both scale and dollar value).
Acceptance of any application is entirely at the discretion of the council and will be addressed on a case by case basis
Exemptions will not be issued for applications where there is a structural alteration, or where the ventilation, plumbing, fire safety features, egress routes or emergency lighting systems will be affected.
Typical fitouts that may not qualify for exemptions are food premises, pharmacies, hairdressers, and where a mezzanine floor is being added.
Exemptions do not provide an approval under the Resource Management or any other Act. There may be times when an exemption is approved, however further approvals are also required.
Exemptions will not necessarily be issued for buildings with Heritage classifications.
You should provide;
· A letter which specifically requests that an Exemption from Building Consent be issued under the First Schedule Item (k) of The Building Act 2004.
· An exact street address, with floor level and legal description where available and tenancy number, if applicable.
· The hours of access, name and phone number of a site contact person
· Two copies of drawing details including the location of the work on the site. If these drawings are not explicit you should carefully list the details. One copy of the floor plan (A4 size is acceptable).
· A cheque for $245.00 to cover administration and inspection procedures.
If the application is acceptable, the receipt will be returned along with a letter of confirmation.
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4. Can I build a small accessory building (eg shed, pergola, gazebo, glasshouse, sleepout) without a building consent?
Changes to the Building Act 2004, Schedule 1 allows for some small buildings to be exempt from building consent provided is not a spa or swimming pool enclosure/fence.
Even if consent is not required, all building work must comply with the Building Code.
The Schedule 1 (paragraph i) states a building consent is not required for;
Building work in connection with any detached building (except a building that is required to be licensed in terms of the Hazardous Substances and New Organisms Act 1996 or a building closer than its own height to any residential accommodation or to any legal boundary) that—
1. Houses fixed plant or machinery, the only normal visits to which are intermittent visits for routine inspection and maintenance of that plant or machinery; or
2. Into which, or into the immediate vicinity of which, people cannot or do not normally go; or
3. Is used only by people engaged in the construction or maintenance of another building for which a building consent is required; or
4. Does not exceed 1 storey, does not exceed 10 square metres in floor area, and does not contain sanitary facilities or facilities for the storage of potable water, but may contain sleeping accommodation (without cooking facilities) if the detached building is used in connection with a dwelling:
(Schedule 1, paragraph jb) The construction, alteration, or removal of a pergola.
Even if a building consent is not required, the construction still needs to comply with the NZ Building Code. This includes spouting/stormwater control.
You will need a building consent if it does not meet these requirements.
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5. How can I cancel my Building Consent?
The owner of a building may withdraw an application for a building consent at any time prior to commencement of the work.
Depending on the timing of the request, there may be either a refund or a charge for additional fees, as costs to date will be charged.
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6. How can I get a list of all the building consents issued in the last month and how much does it cost?
The Building consent list is published monthly and costs $150 per year by subscription. If you would like to purchase a one off monthly issue the cost is $15. The list contains the name and address of the applicant (builder, owner etc) along with a brief description of the project and its value (for all building consents applied for in the previous month).
If you wish to receive a copy of this list we require you to subscribe to a mailing list, you can subscribe for however many months you wish. Please forward a letter including your contact details requesting that you be placed on the mailing list and send it in with your payment listing the number of issues you wish to receive. The lists are posted to subscribers within the first 5 working days of the following month.
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7. Do I need a Building Consent if I want to plaster over the brick veneer of my house?
Plaster rendering over brick veneer work does not require a building consent. The plaster must not cover the weep holes in the bottom brick row or the ventilation openings at the top of the wall.
Proprietary grills can be sourced from plaster supply companies if an alternative to the typical weep hole appearance is sought.
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8. Do I need a building consent to do electrical work in my house?
No you do not require a Building Consent.
Council has no jurisdiction over electrical work. Electricians certify their own work.
For any electrical work or information on what you can and cannot do yourself, you should contact a registered electrician.
You can find them in the yellow pages or on the Electrical Contractors Assn of NZ website.
The Electrical Workers Licensing Group provides registration and complaint assessment services to the Electrical Workers Registration Board (EWRB), responsible for the ongoing competency of about 38,000 registered electrical and electronic workers.
The Electrical Workers Register is an electronic register which is available 24 hours a day, 7 days a week, and is administered by the Department of Building and Housing Access.
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9. Do I need a building consent to repile my house?
If you are replacing one or two piles then it can be considered as maintenance. If there are a significant number of piles to be replaced then a Building Consent would be required.
Owners are recommended to obtain a building consent in all cases for the purpose of recording the work.
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10. How much is it going to cost to get a building consent?
This varies on the amount/type of work you are carrying out and is calculated from the Schedule of Fees And Charges. (A copy of this schedule is available from the Council website or can also be picked up at the Council Offices or can be posted to you.) Costs are generally based on a minimum charge plus time and costs. This means that the more accurate the information provided the less your consent will cost since less time will be involved in processing your application.
Please note that there is now a minimum fee that is payable at the time of application. The deposit fee is based on the PIM fee (if applicable) and the Administration fee. Additional fees will be charged as necessary at the time of approval, and may also include other Council charges that are due at that time.
Please remember, that the cost of processing a building consent is generally time-based. The quality of the information provided at application will effect the overall fees (i.e. low quality drawings and details will take longer to process and cost more).
There will also be charges for the Inspections required for the consent.
You will need to discuss your requirements with a Building Consent Officer.
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11. Is a building consent required for erecting a marquee?
If the marquee –
· Is not more than 100 m² and is for Public assembly and it will be standing less than 30 days – No.
· will be standing more than 30 days – Yes
· is greater than 100 m² and is for Public assembly - Yes.
· is greater than 100 m² – Yes
· is not more than 100 m², is for private use and will be standing for less than 30 days – No
Note: notwithstanding the above, in certain situations a building consent may be required for multiple marquees of less than 30m², please discuss with a Building Official to determine whether or not a consent is required.
Cost of a building consent for a marquee
The Application fee for marquees is $97.00 per application ( maximum of 3 per application) plus time and costs. There will also be at least one inspection at the normal inspection cost of $162.00. There may be additional costs if the information provided is found to be insufficient to show building code compliance.
Multiple Marquees
A maximum of three marquees may be included in one application provided the following conditions are met:
- marquees are on the same property/reserve
- are for the same duration of time
- are for the use of and erected by the same company/individual
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12. What happens if building has been done without a building consent?
If you carry out building work without a building consent you are liable for a fine and may also have trouble selling the building or obtaining insurance. If the building is damaged or destroyed because of a fault occurring in the unauthorized work, an insurance company could legally refuse to pay you.
With the introduction of the Building Act 2004 the service of providing what has been commonly known as “Safe and Sanitary Inspections" or “Letters of Comfort” has been discontinued. There is no longer the ability to make an application to Council for this service.
The Building Act 2004 allows for any person to apply for a "Certificate of Acceptance" for any work that has been completed without a building consent. This however is only applicable to work carried out after the inception of the Building Act 1991 (1 July 1992). A “Certificate of Acceptance" must be applied for on the appropriate form.
For any work completed without a building consent and prior to 1 July 1992 there is no process available through Council for acceptance or qualification of this work. Where such building work is the subject of a condition for a building report in a sale and purchase agreement, then you will need to obtain the services of a qualified person from the private sector.
Council is bound by the Building Act 2004 and has a role to ensure the health and safety of the public, with regard to buildings, is always maintained. If you are aware of a situation that you believe compromises the health and safety of building users then you need to refer the matter to Council at the earliest date.
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13. How long will it take to process?
The Building Consent Authority (Ashburton District Council) has 20 working days to process the application and either accept or reject it. If the Building Review Officer finds that the information or designs provided with the application are insufficient to ensure that the project meets the requirements of the building code, a request is made for further information. The processing time is suspended until that information has been received by the Council. This means that the more accurate the information provided the less time will be involved in processing your application.
Time is not suspended if the application requires the input of the NZ Fire Service Commission. They have 10 working days to provide a memorandum concerning fire escapes and access for fire fighting.
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14. How long does a building consent last for?
The work must be started within 12 months of consent being granted, unless an extension has been agreed to. After this period, the consent will lapse and the owner will have to reapply before work can commence. The work needs to be completed within 2 years or a time agreed upon with the Council. The Council must make a decision whether or not to issue the Code Compliance Certificate within 2 years of the consent being granted.
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15. How soon can work be started?
No physical work can be started until the Council has granted the building consent and resource consent. If you start to build before this, you are liable for a fine.
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16. What if I want to change my plans after I have been granted a building consent?
You will need to submit the altered plans to the Building Control Unit for assessment using the Amended Building Consent Application form. Once the new has been assessed to comply with the Building Code the plans will be stamped as “Amended Plans” and become part of the Building Consent records.
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17. Is my consent ready to be picked up?
Records of all consented work that has been applied for/approved by Council are held on the Council computer system. You can telephone or email the Council and we can give you the information that we have available. You will need to have your Consent/Project number and/or the address for the application to hand.
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18. How high can I build my deck before I need a building consent?
You need a building consent if the deck is more than 1.5m above the ground or the fall is more than 1m.
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19. At what height do I need to install a balustrade/hand rail?
A balustrade needs to be 1m high and must be installed on all decks above 1m in height. The balustrade must not be climbable.
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20. What treatment rating should timber piles of my deck have?
All timber in contact with the ground needs to be H5 treated (50 year durability requirement of the NZ Building Code). This includes house piles, veranda and deck posts that are embedded in concrete, or posts for carports.
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Fencing
21. How high can my fence be?
You can build a fence up to 2.5m in height from the natural ground level.
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22. Can I build a fence over 2m?
Yes, But if you want to build a fence over 2m, you will have to get a resource consent. Contact the Planning Department of Ashburton District Council for more information.
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23. Does my neighbour have to pay half?
Yes they may have to pay half the cost of a reasonable fence, but this is a civil matter so for more information contact:
• Citizens advice
• NZ Law Society
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24. Do I have to find the boundary pegs before building a fence?
Yes, it is the only way to be sure that the fence is built on the boundary.
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25. If I build a fence on my side of the boundary do I need to get my neighbours permission?
No, not if the fence is under 2m in height from the natural ground level. If they object this is a civil matter, so see Citizen's advice.
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26. If my fence is on top of, or a part of a retaining wall, what height can it be?
If the fence and retaining wall are separate, with the retaining wall less than 1.5m and the fence less than 2m in height, you will not need a building consent. If they are joined, a Building Consent will be required. If the whole is over 2m you will also need your neighbour's consent. If the overall height is greater than 2m, the fence/retaining wall will encroach on residential setbacks. and a Resource Consent will be needed, please see the Planning Department at the Council.
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Fireplaces
27. What are the national environmental standards for wood-burning fireplace units?
"After 1st September 2005 all woodburners installed on properties less than 2 hectares must have a discharge of less than 1.5 grams of particles for each kilogram of dry wood burnt, and a thermal efficiency at least 65 per cent" (quote from Ministry of the Environment). Further to this, the regulation of the discharges to air is the responsibility of Environment Canterbury. For more information and a list of models that meet these requirements go to the Environment Canterbury website site on Compliant woodburners.
Note: Not all heaters that are approved are on the list(s). If a model is not on the list a certificate proving that it meets the emissions standard must be provided to the Council when applying for a building consent.
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28. Do I need a building consent to replace an existing fire place?
Yes, we still need to do inspections on any new fire place to check that it meets the Building Code and is safe.
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29. Can I install a second hand fire place?
A second hand fire can only be installed if it has been recertified by the manufacturer and meets all of the emissions requirements of a new fire.
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30. How high does the chimney/flue need to be?
If the chimney/flue is within 3m of the highest point of the roof then it needs to be 0.6m above the highest point. If it is more than 3m away from the highest point of the roof then the chimney/flue needs to be at least 0.9m above roof penetration. If there are close trees or neighbouring windows it may need to be higher if it is determined that there some nuisance to your neighbours.
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31. Who can install a Fireplace?
Fireplaces can be installed by any competent individual as long as the installation complies with the manufacturer’s installation instructions. It is recommended the fire be installed by installers that are registered with the HHA (Home Heating Association) or a registered Plumber or a heating engineer.
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32. What is a Producer Statement?
Producer statement is a statement supplied by or on behalf of the applicant for building consent or on behalf of a person who has been granted a building consent confirming that plans, specifications, or completed works comply with the technical requirements to satisfy the Building Code.
A producer statement will usually be issued by a recognised specialist, for example, engineer, architect, appraisal organisation or competent contractor. It is up to the Building Consent Authority (Council) to decide whether to rely on such a statement.
There are two types of producer statements - design and construction, which are generally produced in four different forms.
Producer statement for design also known as a PS1
These statements are issued by design professionals stating in their view that part or all of the building work as described on nominated plans and specifications has been designed in accordance with certain performance requirements of the Building Code.
Producer statement for design review also known as a PS2
These statements are issued by design professionals confirming that a peer review has been carried out on the work undertaken by the designer.
Producer statement for construction also known as a PS3
These statements are usually issued by contractors stating their view that part or all of the building work as described on nominated plans and specifications has been constructed and meets certain performance requirements of the Building Code and/or conditions of building consent.
Producer statement for construction review also known as a PS4
These statements are usually issued by consulting engineers who have been engaged to inspect part or all of the building and confirm compliance with the PS1 and that the building work in question has been constructed and meets certain performance requirements of the Building Code and/or conditions of building consent.
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Code Compliance Certificate
33. What are Development Contributions?
Development Contributions are a fee paid on each new development (residential home or business premises) in the District.
Development Contributions are charged for water and wastewater where a new development can connect to a Council provided scheme and help fund provision of those services for new homes and office buildings.
Development Contributions are also charged on “community infrastructure” to help fund new or upgraded community facilities in the district. These are the new Art Gallery and Museum facility, the indoor Aquatic Centre and Sports Stadium and the extension to the Council administration building.
The Development Contribution fees are set out in Council’s “Policy on Development and Financial Contributions” which was adopted in June 2009 as part of Council’s Community Plan 2009-2019.
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34. What is the Code Compliance Certificate?
The Code Compliance Certificate confirms that the work has met the requirements of the Building Code 2004 and has been built in accordance with the approved plans.
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35. What do I need to have finished before I get my CCC?
All wet areas need to be finished, ground levels need to be finished, all exterior levels need to be finished, Inspectors need to be given all producer statements and as laid drainage plans, all exterior areas need to be painted. If you have any other question contact the Building Services Department.
I have had a CCC inspection and I needed to get some things done. I have now finished the work required, but some time has past, can I get another inspection?
Yes, but depending on the length of time that has past, the inspection may need to be a full inspection not just a recall for the items that needed correcting as the building needs to be up to standard now and not what needed to be finished 5 years ago.
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36. Can I move into my new home before the Code Compliance Certificate has been issued?
Yes, someone can move into their house before the final inspection has been done and the Code Compliance Certificate has been issued. This can occur if they are building it for themselves.
If it is for a client or purchaser then under Section 364 the Building Act 2004 the Code Compliance Certificate must be issued before the purchaser takes possession unless through mutual agreement both parties opt out of this requirement. Generally Solicitors do not advise their clients to take this option as there is a degree of reduced protection should anything go wrong.
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37. How do I obtain New Zealand Building Code Approved Documents?
The Department of Building & Housing website has free PDF format downloads available of all Compliance Documents (previously known as Approved Documents). The link to the relevant page is below.
The Victoria University Book Centre also fulfils orders for the Building Act and Regulations, and for Compliance Documents for Building Code Clauses and the NZBC Handbook. Compliance Documents and the Handbook are available in three formats (note that this service is not free).
1. Hard copy These can be ordered via the Vicbooks website, by email or by phone. They can be purchased as a full set or in individual Clauses to be slotted into ring binders. Amendments - Everyone on the Vicbooks database gets an email notification each time an amendment is published to any Compliance Document. They can buy the ones they need for a few dollars.
2. PDF – The Building Code and Compliance Documents can be downloaded for free at the DBH website http://www.dbh.govt.nz/building-code-compliance-documents
3. CD-ROM This can be ordered via the Vicbooks website, please refer to the link below, by email or by phone. Amendments - Free amendments are sent in a new CD during the 12-month period of the subscription.
Phone orders: 0800 370 370
Please note: Victoria University Book Centre does not supply any other DBH publications. Other publications are available through the Department of Building & Housing Website, and the Consumerbuild Website.
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Compliance Schedules
38. What is a compliance schedule?
This is only required if you have specified systems and a Building Warrant of Fitness, for a commercial building. A Compliance Schedule lists the inspection, maintenance and reporting procedures for systems within a building such as lifts, automatic sprinklers, automatic doors, air conditioning and fire alarms.
compliance schedules and "means of escape from fire". See Department of building and Housing website.
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Garages
39. What do I have to do to change my garage into a sleepout?
This may be a change of use and will probably require a building consent in order to meet the requirements of the building code in relation to habitable buildings. It will need to meet requirements of structure, fire safety, insulation, moisture control, lighting and ventilation along with any other Code requirements. Resource consent may also be required. Talk with a Building Official about what you plan to do, and what will be required of you.
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Garden Sheds
40. How big can I build my shed before a building consent is required?
Up to 10 square metres.
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41. How close can my shed be to the boundary?
The shed must be no closer to the boundary than its height i.e. if the shed is 2m high, it must be 2m from the boundary.
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Ground Levels
42. What level can I have my ground levels or paving stone in relation to the bottom plate on my building?
This depends on the type of cladding. If the cladding is brick then the distance is 150mm above unlandscaped ground or 100mm above paving stones. If any other sort of cladding is used, then the distance is 225mm above unlandscaped ground or 150mm above paving stones.
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43. Do I need to have my ground levels down before I get my CCC?
Yes, we need to see the ground levels in relation to the building.
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House Size
44. How do I find out the size of my house?
Quotable Values holds that information and it can be purchased from them for $13.00.
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Pools
45. Does my swimming pool or portable pool need to be fenced?
If your pool is able to hold a depth of 400mm or more then you will require a Building Consent for a pool fence.
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46. Do I need building consent for my swimming pool or portable pool?
Yes
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47. Do I need to get a Building Consent for my portable spa pool?
Yes, for the fencing requirements
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48. Does a spa pool cover count as a fence?
No, some other councils do accept them as a suitable replacement for a fence, but Ashburton District Council believes that a small child could get under a pool cover.
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49. What height does a swimming pool fence have to be?
A swimming pool fence must be 1.2 metres above ground level, gates or hinged doors must have a self closing device, with a latch 1.5m above ground, gate must open away from the pool.
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Smoke Alarms
50. What are the required specifications for smoke alarms and where should they be located?
The Acceptable Solution for New Zealand Building Code Clause F7 requires smoke alarms to be located on the escape routes on all levels within the household unit. On levels containing the sleeping spaces, the smoke alarms shall be located either:
a) In every sleeping space, or
b) Within 3.0 m of every sleeping space door.
In this case, the smoke alarms must be
audible to sleeping occupants on the other side of the closed doors.
For information on smoke alarms check out the Consumerbuild website.
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