20Director of Building Control may make determinations

### 20 Director of Building Control may make determinations > > (1)  The Director of Building Control may make a determination in respect of the following matters: > > > > > > (a) types of building work, plumbing work or demolition work that is low-risk work, notifiable work or permit work; > > > > > > > (b) [*\[Section 20 Subsection (1) amended by No. 39 of 2018, s. 6, Applied:01 Jan 2017\]*](/view/html/inforce/2017-01-01/act-2018-039#GS6@Hpa@EN) when, where and how partial compliance with the National Construction Code may be consented to under [Division 1](#HP5@HD1@EN) of [Part 5](#HP5@EN) ; > > > > > > > (c) hazardous areas and any additional requirements or obligations in respect of the design, assessment, construction, inspection, demolition or maintenance of work, or premises, in those areas; > > > > > > > (d) any matter that is to be determined by the Director of Building Control under this Act; > > > > > > > (e) such other matters as are prescribed. > > > (2)  Before making a determination under [subsection (1)](#GS20@Gs1@EN) , the Director of Building Control is to consult with such organisations or stakeholders as the Director of Building Control considers relevant to the content of the proposed determination unless the circumstances require immediate action. > > > (3)  The Director of Building Control is to ensure that a determination made under [subsection (1)](#GS20@Gs1@EN)  – > > > > > > (a) is published before it comes into effect; and > > > > > > > (b) specifies the period for which the determination is in effect or that the determination is in effect indefinitely; and > > > > > > > (c) remains published while the determination remains in effect. > > > (4)  A person must comply with a relevant determination published in accordance with [subsection (3)](#GS20@Gs3@EN) . > > > > Penalty:  Fine not exceeding 100 penalty units. > > > (5)  [*\[Section 20 Subsection (5) inserted by No. 39 of 2018, s. 6, Applied:01 Jan 2017\]*](/view/html/inforce/2017-01-01/act-2018-039#GS6@Hpb@EN) Despite [subsection (4)](#GS20@Gs4@EN) , a determination of the Director of Building Control made under [subsection (1)](#GS20@Gs1@EN) , or a standard or requirement applied under such a determination by reference to a document, does not apply to work if the building surveyor, or relevant permit authority, for the work certifies in writing that substantial progress had been made in the design of the work – > > > > > > (a) before the determination was made; or > > > > > > > (b) if the determination applies a standard or requirement by reference to a document that is subsequently amended, before the document so applied was amended.