(1)  A person may apply to the appeal tribunal to determine whether any provision of the National Construction Code applies, or may be modified, in respect of any building work or plumbing work that is proposed to be performed by the person.

(2)  A person may not apply under subsection (1) for a determination in relation to an access provision of the National Construction Code within the meaning of section 284 .

(3)  Before making a determination of an application under this section that relates to building work, the appeal tribunal is to notify, and seek submissions from, the Director of Building Control, any reporting authority that may be affected and the relevant building surveyor.

(4)  Before making a determination of an application under this section that relates to plumbing work, the appeal tribunal is to notify, and seek submissions from, the Director of Building Control and the relevant permit authority.

(5)  In determining an application under this section, the appeal tribunal is to take into account –

(a) any relevant provisions of this Act and any relevant codes or standards; and

(b) any submissions made under subsection (3) or (4) .

(6)  The appeal tribunal may –

(a) determine that a provision –

(i) be modified as directed, if satisfied that the modification is reasonable and not detrimental to the public interest; or

(ii) does not apply, if satisfied that the provision is inappropriate in the circumstances and the modification is not detrimental to the public interest; and

(b) impose any relevant condition as part of the determination.