(1)  An environmental health officer may determine that a provision of the National Construction Code in relation to food premises be altered in certain circumstances.

(2)  A building surveyor may determine that a provision of the National Construction Code in relation to farm buildings or historic buildings be altered in certain circumstances.

(3)  A determination under subsection (1) or (2) –

(a) must not impose a higher standard than the standard imposed by the provision of the National Construction Code being altered by the determination; and

(b) is to be in accordance with any prescribed requirements; and

(c) is taken to modify the National Construction Code as it applies in the circumstances to which the determination relates.

(4)  A determination under subsection (1) or (2) does not apply to work if –

(a) a certificate of likely compliance has been issued in respect of the work before the determination takes effect; and

(b) the work is completed before that certificate of likely compliance expires.