If you own, occupy or control premises intended for public use affected by building work in relation to a building consent, you should know about safety measures for public access until the build is signed off as complete.
If the public uses all or part of your building, and you want them to access it before your building work has been signed off as complete, you can apply to your council for a Certificate for Public Use (CPU). Your application will need to show that all or part of the building (whatever you are applying for) can be used safely by members of the public.
There are two types of CPU:
- Construction – where building work is being undertaken when other parts of the building are still being used, and
- Occupancy – where a new building needs to be occupied before code compliance certificate is issued.
If you don't have a certificate for public use, you could be liable to a fine up to $200,000 and, in the case of a continuing offence, a further fine not exceeding $20,000 for every day or part of a day during which the offence has continued.
Premises with free and open access will typically be classified as premises intended for public use. Examples include shopping centres as well as premises where the public can enter on payment of a fee, such as a sports stadium, swimming pool or retail spaces.
A reception area that is open to the public, even though the remainder of the building is closed off, would be categorised as premises intended to be open to members of the public.
Premises intended for public use are likely to include, but are not limited to:
- schools and childcare centres
- hospitals and rest homes
- premises providing public accommodation, such as hostels and guest houses
- places of assembly, including churches, cinemas and conference facilities
- clubrooms and recreation centres with public access
- restaurants and bars
- public foyers in office and apartment buildings
- public structures.
The requirement for a certificate for public use doesn't apply:
- to private homes
- to apartment buildings or office space (except where they have public foyers)
- if the building work doesn't require a building consent (such as a non-structural fit-out of a shop or office).
You can only apply for a certificate for public use if a building consent has been granted but the code compliance certificate has not been issued. You will still need to apply for a code compliance certificate once the building work has been completed.
Application
You may apply for a CPU through the online portal. This needs to be accompanied by site management plans, alarm completion certificates, specified systems forms, producer statements, electrical certificates and energy works certificates where applicable.
Processing
The Territorial Authority must decide whether to issue the certificate within 20 working days after the application is received. This 20-day clock will stop if further information is required to process your application.
Issuing
A CPU can only be issued when we are satisfied that members of the public using the premises can do so safely, and in the event of an emergency, members of the public will be able to evacuate safely. A CPU cannot be issued if the Territorial Authority (TA) is not satisfied that the public will be safe. For example:
- If the specified systems affected by the building work are not compliant
- If the provision for means of escape is unsatisfactory
- If the emergency warning systems are not adequate
An inspection may be required prior to issue of the CPU in order to confirm aspects of the proposal.
Please note payment is required for your CPU to be issued.
Refusal
If Council is unable to be satisfied that members of the public using the premises can do so safely, the CPU will be refused. If a CPU is refused, and if there is serious risk to public safety, then a notice to fix may be issued in relation to a Section 363.
Extending a CPU
If CCC has not been granted, we will send a reminder letter to the owner or agent a month prior to the CPU expiry. Two weeks prior to the expiry we will make contact to advise that they need to either gain CCC or extend their CPU. Please allow at least five working days for a CPU extension to be granted. This can be applied for by emailing the application for CPU extension to building@waitaki.govt.nz. Please note that the cost of extensions are detailed on our website www.waitaki.govt.nz.
If CPU conditions have changed or the CPU is changing from construction to occupancy, then a new application may be required.
If you have any queries, please contact us either on 03 4330300 or building@waitaki.govt.nz.