42
In forceCriteria for decision
Chapter 4Building assessment provisions and assessing building development applications
Part 1Laws and other documents applying to building work
Division 2Variation of how particular building assessment provisions apply
42 Criteria for decision
(1)
In making the decision the chief executive must consider all relevant matters, including for example—
(a)
whether the building work substantially complies with the other building assessment provisions; and
(b)
whether compliance with the provision is unnecessary in the particular circumstances; and
(c)
whether the proposed variation is as effective as, or more effective than, compliance with the provision.
(2)
However, the chief executive may vary how the provision applies to the building work only if the chief executive considers the general safety and structural standards of the relevant building or structure would not be at risk.
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