24 (1) This section applies if there is a dispute, (a)  between an applicant for a permit, a holder of a permit or a person to whom an order is given and the chief building official, a registered code agency or an inspector concerning the sufficiency of compliance with the technical requirements of the building code; (b)  between an applicant for a permit and the chief building official concerning whether the official complied with subsection 8 (2.2) or (2.3); or (c)  between a holder of a permit and the chief building official, a registered code agency or an inspector concerning whether the requirements of subsection 10.2 (2) have been met.  2002, c. 9, s. 39. Application for dispute resolution (1.1) A party to the dispute may apply to the Building Code Commission to resolve the issue.  2002, c. 9, s. 39. Hearing (2) The Building Code Commission shall hold a hearing to decide the dispute and shall give the parties to the dispute notice of the hearing.  2002, c. 9, s. 39. Same (2.1) A hearing to decide a dispute described in clause (1) (b) or (c) must be held within the prescribed period.  2002, c. 9, s. 39. Powers (3) The Building Code Commission shall, by order, determine a dispute described in clause (1) (a) and, for that purpose, may substitute its opinion for that of the chief building official, registered code agency or inspector.  2002, c. 9, s. 39. Same (3.1) The Building Code Commission shall, by order, determine a dispute described in clause (1) (b) or (c) and, for that purpose, may require the chief building official, registered code agency or inspector, as the case may be, to comply with the applicable subsection of the Act.  2002, c. 9, s. 39. Decision final (4) The decision of the Building Code Commission is final.  1992, c. 23, s. 24 (4). Restrictions on members (5) Members of the Building Code Commission holding a hearing shall not, (a)  take part before the hearing in any investigation or consideration of the subject-matter of the hearing; or (b)  communicate directly or indirectly in relation to the subject-matter of the hearing with any person unless all parties are given notice and allowed to participate.  1992, c. 23, s. 24 (5). Independent advice (6) Despite subsection (5), members of the Building Code Commission may seek independent legal or technical advice but the nature of the advice shall be made known to the parties in order that they may make submissions.  1992, c. 23, s. 24 (6). Evidence (7) The findings of fact at a hearing shall be based exclusively on evidence admissible or matters that may be noticed under sections 15 and 16 of the Statutory Powers Procedure Act.  1992, c. 23, s. 24 (7). Restriction (8) Members of the Building Code Commission shall not participate in a decision of the Commission pursuant to a hearing unless they were present throughout the hearing.  1992, c. 23, s. 24 (8). Idem (9) Except with the consent of the parties, no decision of the Building Code Commission shall be given unless all members present throughout the hearing participate in the decision.  1992, c. 23, s. 24 (9). Release of evidence (10) Documents and things put in evidence at the hearing shall, upon the request of the person who produced them, be released by the Building Code Commission to that person within a reasonable time after the matter in issue has been finally determined.  1992, c. 23, s. 24 (10). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991 2002, c. 9, s. 39 - 01/07/2005