sec.56Building certifier’s discretion—BCA

### sec.56 Building certifier’s discretion—BCA This section applies for a building certifier carrying out building assessment work for a building development application if— the BCA allows a discretionary decision about a building design or specification for building work; and the BCA uses the word ‘suitable’ or ‘adequate’ the application proposes the use of the discretion. The building certifier must— consider the objectives and functional statements of the BCA in relation to the design or specification; and decide whether the design or specification complies with— generally—the BCA; or if, for the application, the BCA is varied under part 1 , division 2 —the BCA as varied. The building certifier must not make the decision in a way that conflicts with the objectives or functional statements. s 56 prev s 56 amd 1978 No. 47 s 20 ; 1981 No. 53 s 18 ; 1991 No. 52 s 2 0.73 om 1998 No. 13 s 17 pres s 56 ins 2006 No. 36 s 5 (sec.56-ssec.1) This section applies for a building certifier carrying out building assessment work for a building development application if— the BCA allows a discretionary decision about a building design or specification for building work; and the BCA uses the word ‘suitable’ or ‘adequate’ the application proposes the use of the discretion. (sec.56-ssec.2) The building certifier must— consider the objectives and functional statements of the BCA in relation to the design or specification; and decide whether the design or specification complies with— generally—the BCA; or if, for the application, the BCA is varied under part 1 , division 2 —the BCA as varied. (sec.56-ssec.3) The building certifier must not make the decision in a way that conflicts with the objectives or functional statements. - (a) the BCA allows a discretionary decision about a building design or specification for building work; and Example of discretionary decision— the BCA uses the word ‘suitable’ or ‘adequate’ - (b) the application proposes the use of the discretion. - (a) consider the objectives and functional statements of the BCA in relation to the design or specification; and - (b) decide whether the design or specification complies with— (i) generally—the BCA; or (ii) if, for the application, the BCA is varied under part 1 , division 2 —the BCA as varied. - (i) generally—the BCA; or - (ii) if, for the application, the BCA is varied under part 1 , division 2 —the BCA as varied. - (i) generally—the BCA; or - (ii) if, for the application, the BCA is varied under part 1 , division 2 —the BCA as varied.