56
CAP. 123]
Building Authority's powers of exemption. Form 301.
Form 29.
Buildings
[1985 Ed.
42. (1) Where in the opinion of the Building Authority special circumstances render it desirable he may, on receipt of an application therefor and upon payment of the prescribed fee, permit by notice in writing in the prescribed form modifications of the provisions of this Ordinance. (Amended, 44 of 1959, s. 22)
(2) Every application for an exemption under this section shall be in the prescribed form, and shall be considered on its own merits by the Building Authority who shall not be required to take account of exemptions granted in the past. (Amended, 44 of 1959, s. 22)
(3) A permit granted under this section may contain such conditions as the Building Authority shall deem necessary.
(4) No such permit shall be granted to the prejudice of the standard of structural stability and public health established from time to time by regulations.
(5) This section shall not apply to section 14. (Replaced, 44 of 1959, s. 22)
(6) The breach of or failure to perform or to consent to any condition attached to a modification or exemption granted under this section shall render such modification or exemption invalid, and thereupon the purported grant of such modification or exemption shall be no defence to any proceedings for non-compliance with the provisions of this Ordinance.
Establishment of appeal tribunal.
PART VI
APPEALS
43. (1) The Governor may appoint from time to time an appeal tribunal (hereinafter referred to as the tribunal) for the purpose of determining appeals by persons prejudiced by a decision of the Building Authority in the exercise of his discretion in respect of any act, matter or thing which is by this Ordinance made subject to the exercise of such discretion (hereinafter referred to as an appeal).
(2) The tribunal shall consist of not less than 3 members appointed by the Governor, of whom one shall be nominated by the Building Authority, one shall be an authorized person and one shall be appointed to represent property owners. (Amended, 44 of 1959, s. 23, and 52 of 1974, s. 12)
(3) Members of the tribunal shall be remunerated at a rate according to the amount of work, time occupied and magnitude of the interests involved, and such remuneration shall be determined in each case by the Governor:
Provided that nothing in this subsection shall authorize the payment of remuneration to any person employed full time in any office of emolument under the Crown.