Out of Scope
From:
Malcolm Gray <[email address]>
Sent:
Monday, 24 September 2018 4:43 p.m.
To:
Determinations; [email address]; Cornor, Ashley
Cc:
Troy Walton; Trevor
Subject:
RE: Draft determination for 49 Stoneleigh Drive, Izone, Rolleston (Ref 3023)
[UNCLASSIFIED]
Categories:
sent to Rebecca
Hello Ginny,
Thank you for granting me the extension of time to respond once I returned from my overseas trip.
I have now read the draft report .
I acknowledge the reference it makes to the concerns I raised but disappointed that these concerns are in no way
addressed.
Further more no compromises or practical suggestions for a solution are offered.
It seems clear I have few options other than to accept this determination .
My regret is that none of the people/experts who are party to this outcome are likely to be on a “manup” picker at 4
meters when the next earthquake occurs. At the very least should there be injuries we can refer to this documented
process and the parties to it.
In my view It’s an injustice that only employers can be liable for injuries to their staff even when regulators make
decision’s that elevate that risk.
regards
Malcolm Gray | Director s 9(2)(a)
www.forbesanddavies.co.nz
Forbes & Davies Ltd – Importer, wholesaler, and distributor of Motorcycle and ATV tyres and accessories.
From: Ginny Carter [mailto:[email address]]
On Behalf Of Determinations
Sent: Thursday, August 23, 2018 4:15 PM
To: Malcolm Gray; [email address]; Cornor, Ashley
Cc: Determinations
Subject: Draft determination for 49 Stoneleigh Drive, Izone, Rolleston (Ref 3023) [UNCLASSIFIED]
Dear All
I attach the draft determination “Regarding the compliance of a warehouse fitout, comprising storage racking and a
mezzanine floor, with the fire safety requirements of the Building Code at 49 Rolleston Drive, Rol eston”, dated 23
August 2018.
1
The deter mination has been issued in draft format to give you the opportunity to comment, and to identify any
errors and omissions. The parties may send the draft to their technical or legal advisors for their input, but we ask
that the draft remain confidential to the parties until it is finalised.
Malcolm Gray has previously indicated that he wishes to speak and bring evidence at a hearing. However, that
hearing will only be necessary if a party considers that the draft determination should be altered because full
account has not been taken of the submissions, or the facts have been misunderstood, or for any other reason.
If the parties accept the draft and do not wish a hearing to be held, the determination will be issued in final form
with any necessary amendments.
IMPORTANT
Please advise me of your wishes by completing and returning the attached response form by
7 September 2018.
If you require an extension of time to respond, please contact the Determinations team on (0800) 242 243 or
[email address]
Kind regards
Ginny
Ginny Carter
ADMINISTRATOR, DETERMINATIONS
Housing & Tenancy Services, Market Services
Ministry of Business, Innovation & Employment
Hikina Whakatutuki - Lifting to Make Successful
[email address] | s 9(2)(a)
15 Stout Street, Wellington 6011
This email has been filtered by SMX. For more information visit smxemail.com
2
Out of Scope
From:
Barry Brown <[email address]>
Sent:
Monday, 3 September 2018 4:02 p.m.
To:
Ginny Carter
Cc:
Katie Gordon; Determinations
Subject:
Det 3023/49 Stoneleigh Drive, Rolleston - Referee comment on draft
[UNCLASSIFIED]
Attachments:
Draft Stoneleigh.docx
Ginny
I refer to your e-mail received 30/8 plus the associated referee pack containing draft determination
#3023/Stoneleigh, and offer review comments as below.
1. General
1.1 I presume the site address on the front sheet is 49 Stoneleigh Drive rather than 49 Rol eston Drive, so I
have revised accordingly.
NB : If this is incorrect, please advise the revelance of the descriptor "Stoneleigh" in the draft.
1.2 As noted, the subject of this decision reflects several previous determinations where applicants have
sought to gain "relief" in "staged construction" through use of BA112(1)(a).
1.3 I support the decision reached at DD7.1 and trust the applicant can ultimately find a way through
the regulatory compliance issues involved.
2. Comments on particular DD clauses
2.1 I attach a copy of the draft marked up with suggested text changes.
2.2 My comments regarding Fig 1 and Fig 2 arise in part because I found the figures reproduced in the
Beca report virtual y il egible, and it might be difficult to obtain graphics which are clear enough to
convey the message to readers at large.
3. Summary/Conclusion
3.1 Subject to the adoption of my suggested changes, I confirm my agreement for the draft
determination to proceed to final.
Any queries in relation to the above, please advise.
Barry Brown
Determination Referee
From: Ginny Carter [mailto:[email address]]
On Behalf Of Determinations
Sent: Thursday, August 30, 2018 9:07 AM
To: Barry Brown <[email address]>
Cc: Determinations <[email address]>; Katie Gordon <[email address]>
Subject: Agreement to issue final determination for 49 Stoneleigh Drive Izone Rol eston (Ref 3023) [UNCLASSIFIED]
Dear Barry
Apologies it looks like this step was missed. Please find attached the final draft determination (Ref 3023) for 49 Stoneleigh Drive Izone Rol eston being the word
document called “Regarding the compliance of a warehouse fitout, comprising storage racking and a mezzanine floor, with the fire safety requirements of the
Building Code at 49 Rol eston Drive, Rol eston”, dated 23 August 2018. (
Note: the draft was not forwarded to you prior to being issued to the parties for
comment). A copy of the original application, submissions, expert’s report and draft have been couriered to you.
The determination is being sent to you concurrently with being issued as a draft to the parties for comment. Any substantive submissions wil be forwarded to
you for comment.
1
Can you please, by reply email, confirm your agreement for the Manager Determinations to sign and issue the document as the final determination on this
matter for and on behalf of the Chief Executive.
If you believe
minor changes of an editorial nature are necessary can you please grant conditional agreement subject to those changes being completed prior to
issue. Please return the final draft determination, either by email or fax, with the required changes annotated. Responsibility for making the changes sought wil
rest with the Manager Determinations. Significant changes wil require a new final draft to be issued for which agreement wil then be sought.
Kind regards
Ginny
Ginny Carter
ADMINISTRATOR, DETERMINATIONS
Housing & Tenancy Services, Market Services
Ministry of Business, Innovation & Employment
Hikina Whakatutuki - Lifting to Make Successful
[email address] |
s 9(2)(a)
15 Stout Street, Wel ington 6011
CAUTION: This email message and accompanying data is confidential between Fraser Thomas Limited (FTL) and the addressee and may contain
information that is confidential and subject to legal privilege. If you are not the intended recipient, you are notified that any use, dissemination, distribution or
copying of this message or data is prohibited. If you have received this email message in error, please notify the sender immediately and erase all copies of
this message and attachments. Any instruction contained in this e-mail message or its attachments must be confirmed with the sender by phone or fax before
being acted upon. FTL reserve the right to monitor all e-mail communications that pass through its networks. FTL accepts no liability for any changes which
may be made to this message and/or its attachments after sending by FTL. While this email has been checked for Viruses by "Sophos" FTL gives no
warranty that any email or attachment are virus free and accepts no liability for any consequential or other damage that may result from any virus attached to
or embedded in email from this site ********** Visit our web site at : www.fraserthomas.co.nz ********************** FTL2017
2
Out of Scope
Out of Scope
From:
Malcolm Gray <[email address]>
Sent:
Wednesday, 7 March 2018 3:49 p.m.
To:
Determinations
Cc:
Troy Walton
Subject:
Application for determination at 49 Stoneliegh Drive , Izone, Rolleston
Attachments:
162030 571 - FEB - NZFS Response 03 19may17.pdf; 162030 ES DRU Reply Lttr
6Apr17.pdf; FW: 49 Stoneleigh Drive, FEB report (BCA comments); 162030 9571 -
FEB - NZFS Response 02 - 29-11-2016 2nov17.pdf; 162030 NZFS reply ltr
8nov16.pdf; FEB - NZFS Response 01 31oct16.pdf; NTF0572 Council Notification
12th January 2018.pdf
Categories:
sent to Tony
Attn Ginny Carter
Hello Ginny,
Thank you for your letter dated 5/3/2018 requesting additional information. Given the size of some of the files I will
have to send them in a number of emails.
Please find attached all recent Correspondence between Enlightened Solutions ( Our fire engineers) and the NZFS
and the Selwyn District Council.
The matters in dispute are outlined in the attached letter of 12 /1/2018 ref NTF0572.
SDC raise a question of stability under clause B1 however the structure has performed well throughout all the
Earthquakes. The BVT engineer reports classify it as “OK”.
The fire safety features remain the main area of dispute.
Regards
Malcolm Gray
Malcolm Gray | Director
s 9(2)(a)
www.forbesanddavies.co.nz
Forbes & Davies Ltd – Importer, wholesaler, and distributor of Motorcycle and ATV tyres and accessories.
This email has been filtered by SMX. For more information visit smxemail.com
1
Out of Scope
From:
Malcolm Gray <[email address]>
Sent:
Wednesday, 7 March 2018 3:53 p.m.
To:
Determinations
Cc:
Troy Walton
Subject:
Application for determination at 49 Stoneleigh Drive ,Izone, Rolleston
Attachments:
Application for Certificate of Acceptance 5th Sept 2016.pdf; Racking and Mezzanine
level drawings.pdf; Relevant Consent Documents for New Warehouse Building file
ref 3023.pdf
Categories:
sent to Tony
Attn Ginny Carter
Hello Ginny,
Please find attached the further information requested.
1/ Relevant Consent Docs for the new warehouse building.
2/ Application for Certificate of Acceptance.
3/ Racking and Mezzanine floor level drawings.
Regards
Malcolm Gray | Directors 9(2)(a)
www.forbesanddavies.co.nz
Forbes & Davies Ltd – Importer, wholesaler, and distributor of Motorcycle and ATV tyres and accessories.
This email has been filtered by SMX. For more information visit smxemail.com
1
Out of Scope
From:
Sam Richards
Sent:
Wednesday, 3 May 2017 1:07 p.m.
To:
Barbara Dillon
Subject:
49 Stoneleigh Dr - Prelim review of racking strength under fire.
Hi barb,
Further to your request I have had a preliminary review of the report prepared by BVT (Tim Riddell) dated 27/7/16
on the compressive strength of the racking columns under fire conditions. My initial comments are (a more detailed
review is really required):
• A review of the rack dimensions to check that dividing by 4 posts is non conservative.
• Using NZS 3404 for fire limiting calculations on cold formed sections may not be appropriate as this is a hot
rolled standard. This calculation needs a more detailed review.
• Is a 20 minute escape time appropriate?
I trust this is adequate initially.
Regards
Sam Richards
Contractor – Structural Engineer
Selwyn District Council
1
Out of Scope
From:
Carol @enlightenedsolutions <[email address]>
Sent:
Friday, 21 October 2016 11:01 a.m.
To:
Charmaine Hoeben
Subject:
FW: 49 Stoneleigh Drive, FEB report (BCA comments)
Attachments:
image004.png
From: Jonathan Nyman [[email address]]
Sent: Thursday, October 20, 2016 3:41 PM
To: Apeksha Shah; [email address]; [email address]; [email address]
Cc: Carol @enlightenedsolutions; Will Tsai; Lambert, Stephen
Subject: 49 Stoneleigh Drive, FEB report (BCA comments)
Apeksha
On behalf of SDC as BCA, FEB comments as follows:
1. As required under Gazette Notice no. 49, the Consent documentation will require being forwarded to NZFS
DRU for their review advice.
2. Section 10 – The new storage platform is assessed under S17 of the Act, the remainder of the building to be
assessed under S112, as has been confirmed at pre-FEB discussions.
3. Section 10.2 - C3.4a compliance will be applicable to the underside of the storage mezzanine, as a ceiling to
the ground level area. It will also be applicable to any walls which form part of the mezzanine storage
structure. The fire design shall address as necessary for showing compliance.
4. Section 10.4 – C5: Noting the storage mezzanine is new, aspects of C5 compliance appear applicable.
Section 11 discussion is noted and may relate to C5 compliance considerations also.
5. Section 11.3 – Is the fire design fire resistance consideration intended to include allowance for storage
loads evident on the mezzanine storage level, and any reduced resistance which may be evident from same?
Documentation required to be included in your Building Consent application is as follows:
• Fire engineering brief which includes the agreement of the stakeholders. Council considers the minimum
stakeholders to be peer reviewer, NZ Fire Service and Council.
• The fire design including any calculations. This must be complete and final.
• Documentation complying with practice note 22.
• A co-ordination statement from the fire engineer as required by Practice Note 22 and confirming the fire
engineer has undertaken a lead PN22 co-ordination role.
• A PS1 from the fire engineer covering C1 to C6 and F6, F7 & F8 (where applicable).
• Confirmation that the fire engineer will provide a PS4 along with a list of intended inspections.
• Confirmation that the emergency lighting designer will provide a PS4.
• The fire design documentation will confirm that the Compliance Schedule requirements for the building.
Regards
Jonathan Nyman
Chartered Professional Fire Engineer
FIRE REVIEW SOLUTIONS
75 Santa Rosa Avenue, Halswell, Christchurch 8025
s 9(2)(a)
e: [email address]
From: Apeksha Shah [mailto:[email address]]
Sent: Monday, 10 October 2016 4:43 PM
1
To: jenny .[email address]; [email address]; Jonathan Nyman <[email address]>;
[email address]
Cc: Carol @enlightenedsolutions <[email address]>; Will Tsai <[email address]>
Subject: 1
62030 49 Stoneleigh Drive, FEB report
Hi All
Please find attached FEB of 49 Stoneleigh Drive, Rolleston for your review. Thank you.
If you have any queries please contact me.
Kind regards,
Apeksha Shah
BE (Civil), MEFE, GIPENZ (Fire), MSFPE
Fire Safety Engineer
Enlightened Solutions Ltd
s 9(2)(a)
A: Level 1, Building 8, Central Park, 666 Great South Road, El erslie,
Auckland 1051
s 9(2)(a)
A: Unit 1/31 Carlyle St, Sydenham, Christchurch 8023
P: PO Box 8709,
Christchurch 8440
Head Office
W: www.enlightenedsolutions.co.nz E: [email address]
*162030/rep FEB/FEB submited/as JN JL NZFS 10Oct16
DISCLAIMER: This message and accompanying data may contain information that is confidential and subject to legal privilege. If you are not the intended
recipient you are notified
that any use, dissemination, distribution or copying of this message or data is prohibited. If you have received this email message in error, please notify us
immediately and erase al
copies of the message and attachments.
The Company takes no responsibility for any unauthorized attachments, or unintentional y transmitted material (including viruses) sent by this email
This email has been filtered by SMX. For more information visit smxemail.com
2
Out of Scope
From:
Jonathan Nyman <[email address]>
Sent:
Wednesday, 3 August 2016 10:26 a.m.
To:
Jenny Lilley
Cc:
[email address]
Subject:
Re 49 Stoneleigh Drive - racking COA FW: 8 Mountview Rd & 66 Wickham Street
Jenny/John
Info. on Consents at previous properties at which the racking has been installed.
Certainly the Wickham St property doesn’t look like it has any Consents in the last 8yrs (none since 1990).
The Mountview Place Place property seems to have had one in 2008/2009 period, but that may well have just been
a base build with no racking fitout Consent. TM Consultants would have to look into that…..the 2008 Consents may
possibly have been before their Client moved into that property in which case the racking was never consented?
Hope this assists
8 Mountview Place, Hornby:
1
66 Wickham Street:
2
Regards
Jonathan Nyman
Chartered Professional Fire Engineer
FIRE REVIEW SOLUTIONS
75 Santa Rosa Avenue, Halswell, Christchurch 8025
s 9(2)(a)
e: [email address]
3
