On 19/06/2013,
you requested for the version in force on 19/06/2013
incorporating all amendments published on or before 19/06/2013.
The closest version currently available is that of 01/12/2012.
7.
—(1) Except as otherwise provided in this Act or the building regulations —
(a)
all building works shall be carried out under the supervision of an appropriate qualified person;
(b)
the structural elements of all such building works as are prescribed in the building regulations (referred to in this Act as large building works) shall be carried out under the full-time supervision of a site supervisor, or a team of site supervisors, working under an appropriate qualified person’s control and direction; and
(c)
concreting, piling, pre-stressing, tightening of high-friction grip bolts, the construction of earth retaining and stabilising structures, or other critical structural works of all such building works as are prescribed in the building regulations (referred to in this Act as small-scale building works) shall be carried out under the immediate supervision of —
(i)
an appropriate qualified person; or
(ii)
a site supervisor, or a team of site supervisors, working under an appropriate qualified person’s control and direction.
(2) Except as otherwise provided in this Act or the building regulations, no person shall commence or carry out the geotechnical aspects of any geotechnical building works except —
(a)
under the supervision of the qualified person appointed under section 8(1)(d)(ii) or 11(1)(d)(ii) or (iii)(B); or
(b)
under the full-time supervision of a site supervisor or a team of site supervisors appointed under section 10 by the qualified person in paragraph (a) and working under his control and direction.
(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction —
(a)
to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both; and
(b)
in respect of a continuing contravention, to an additional fine not exceeding $1,000 for each day or part thereof the contravention continues,
and if the contravention continues after the conviction, the person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $2,000 for every day or part thereof during which the contravention continues after conviction.
7A.
—(1) Subject to subsection (3), the qualified person appointed to supervise the carrying out of any building works shall carry out or cause to be carried out such tests of or in connection with the building works as may be prescribed in the building regulations or required by the Commissioner of Building Control.
(2) Any tests prescribed, or required to be carried out, under subsection (1) shall be carried out in such manner and at such places and times as may be prescribed in the building regulations.
(3) The Commissioner of Building Control may, on an application in relation to any particular building works, give a direction waiving the operation of subsection (1) in relation to those building works if he is satisfied that the operation of that subsection in relation to that particular case would be unreasonable.
(4) An application under subsection (3) shall be accompanied by such particulars as may be prescribed in the building regulations.
(5) If a qualified person fails to comply with subsection (1), the Commissioner of Building Control may, by order in writing served on the qualified person, every site supervisor, and the builder and specialist builder (if any) of the building works and the developer, require the building works to cease until the order is withdrawn.
(6) Without prejudice to the right of the Commissioner of Building Control to exercise his power under subsection (5), any qualified person who fails to comply with any requirement under subsection (1) shall be guilty of an offence and shall be liable on conviction —
(a)
to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both; and
(b)
in respect of a continuing contravention, to an additional fine not exceeding $1,000 for each day or part thereof the qualified person fails to comply with the requirement,
and if the failure to comply continues after the conviction, the qualified person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $2,000 for every day or part thereof during which the failure to comply continues after conviction.
(7) If any person on whom an order made under subsection (5) is served fails to comply with the order, he shall be guilty of an offence and shall be liable on conviction —
(a)
to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both; and
(b)
in respect of a continuing contravention, to an additional fine not exceeding $500 for each day or part thereof the person fails to comply with the requirement,
and if the failure to comply continues after the conviction, the person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $1,000 for every day or part thereof during which the failure to comply continues after conviction.