sec.38Applying to vary how particular building assessment provision applies

### sec.38 Applying to vary how particular building assessment provision applies If— building work is proposed to be carried out, is being carried out or has been carried out; and the building work will not, or does not, comply with a provision of any of the building assessment provisions; a person may apply (the variation application ) to the chief executive to vary how the provision applies to the building work. However, the variation application can not be made if the provision permits an assessment manager to exercise discretion about the matter for which the variation is sought. part 3 The variation application must be made in the approved form and be accompanied by the fee prescribed under a regulation. s 38 prev s 38 amd 1978 No. 47 s 15 ; 1984 No. 45 s 27 ; 1991 No. 52 s 2 .59; 1993 No. 70 s 804 sch om 1998 No. 13 s 13 pres s 38 ins 2006 No. 36 s 5 amd 2016 No. 27 s 59 (sec.38-ssec.1) If— building work is proposed to be carried out, is being carried out or has been carried out; and the building work will not, or does not, comply with a provision of any of the building assessment provisions; a person may apply (the variation application ) to the chief executive to vary how the provision applies to the building work. (sec.38-ssec.2) However, the variation application can not be made if the provision permits an assessment manager to exercise discretion about the matter for which the variation is sought. part 3 (sec.38-ssec.3) The variation application must be made in the approved form and be accompanied by the fee prescribed under a regulation. - (a) building work is proposed to be carried out, is being carried out or has been carried out; and - (b) the building work will not, or does not, comply with a provision of any of the building assessment provisions;