(1)  If an appeal relates to the issue of a building order in respect of a fire upgrading notice, the appeal is not to be dismissed unless a general manager or building surveyor proves that the issue of the order ought to be confirmed.

(2)  If an appeal relates to the failure to comply with a building order issued in respect of a fire upgrading notice, the appeal is not to be dismissed unless a general manager or building surveyor proves that the order has not been complied with.