Criterion PF102
The premises conform to any relevant bylaws of the local authority and the Building Act 2004.
Documentation required
1. Code Compliance Certificate issued under Section 95 of the Building Act 2004 for any building work undertaken, or alternatively, any other documentation that shows evidence of compliance.
2. If the premises fall under section 100 of the Building Act 2004, or section 108 of the Building Act 2004 applies:
a copy of the current Annual Building Warrant of Fitness or
a copy of the compliance schedule if 12 months have not elapsed since the compliance schedule was first issued.
Guidance
This guidance only covers relevant information for the purposes of meeting this criterion. It is not intended to be a replacement or a comprehensive account of all minimum obligations you may have under bylaws or the Building Act 2004.
You should contact the relevant authorities or engage suitably qualified persons if you require more advice about those requirements.
How to show you are complying
If you are conforming to any relevant bylaws of the local authority and the Building Act 2004, you will also comply with this criterion.
Bylaws are rules made by local authorities (that is, your regional council, city council or district council). Local authorities are responsible for investigating complaints about breaches of bylaws and enforcing them. For the purposes of this criterion, relevant bylaws are limited to those which relate to the safety and suitability of premises and facilities for children attending.
Conforming with the Building Act 2004
Even if you are not a building owner, you have an overall responsibility as a service provider to ensure the licensed premises are safe for children to use. This includes taking reasonable steps to ensure the building owner understands that compliance with this criterion is a condition of your licence.
Code Compliance Certificate
A Code Compliance Certificate (CCC) is a formal statement issued by a building consent authority (this includes most territorial authorities) that confirms the completed building work complies with the building consent.
If you want to operate before a CCC is issued, you may be able to apply for a Certificate for Public Use (CPU) from the building consent authority. A CPU confirms the parts of the premises that can be used safely and may come with conditions. A CPU may be provided to comply with this criterion, but it is temporary. Code Compliance Certificate will still be required once all building work has been completed.
Compliance schedule and annual building warrant of fitness
If you operate from a building which has safety and essential systems (called specified systems), it must have a compliance schedule. This lists the specified systems and the inspection, maintenance and monitoring procedures to keep them working properly.
If a building has a compliance schedule, you must renew and display a building warrant of fitness (BWoF) every year. A current BWoF confirms all procedures have been complied with.
When assessing whether you comply with PF102
Questions we are likely to ask
Has there been any building work which required a building consent in the past 12 months?
How do you make sure you have a CCC for the building work if it required a building consent?
If the building has a BWoF- how do you make sure it remains current?
We are likely to look at, measure or count
The displayed BWoF to verify it is current.
We are likely to request
a copy of the CCC, or any other documentation that shows evidence of compliance such as a CPUa copy of the current BWoF, or the compliance schedule if 12 months have not elapsed since the compliance schedule was first issued.
You will be asked to provide this documentation when you apply for a licence to operate a new centre, or the existing premises you operate from, has had building work which required a building consent.
Findings, determinations or enforcement actions by the relevant authorities relating to non-compliance with bylaws and the Building Act 2004, may inform our assessment against this criterion.
The tools below are here to support you, but you do not have to use them. You can use other tools or methods that work better for your service.
Information about bylaws is available on your regional council, city council or district council’s websites.
The Ministry of Business, Innovation and Employment’s (MBIE) Building Performance website provides comprehensive information and guidelines on building-related regulation:
The following webpages provide additional information about the building-related matters covered in this guidance.
Issuing code compliance certificates (CCC) – Building Performance
Public access during a build – Building Performance
Specified systems and compliance schedules – Building Performance
Complying with relevant bylaws and the Building Act 2004 provides assurance the licensed premises are safe to be occupied and provides a mechanism for responding if any immediate risks to children attending arise.