On 22/05/2013,
you requested for the version in force on 22/05/2013
incorporating all amendments published on or before 22/05/2013.
The closest version currently available is that of 03/11/2003.
8. Section 9 of the principal Act is amended —
(a)
by inserting, immediately after the words “carried out” in subsection (1)(b), the words “, or the builder,”;
(b)
by inserting, immediately after the words “carried out” in subsection (2), the words “, or the builder,”;
(c)
by deleting subsection (3) and substituting the following subsections:
“(3) Every qualified person appointed under section 6(3)(a) to prepare the plans of any building works shall —
(a)
take all reasonable steps and exercise due diligence to ensure that the building works are designed in accordance with —
(i)
the provisions of this Act; and
(ii)
subject to section 14, the requirements prescribed in the building regulations;
(b)
notify the Commissioner of Building Control of any contravention of the provisions of this Act or the building regulations in connection with those building works; and
(c)
supply to the site supervisor, the builder of the building works and the qualified person appointed under section 6(3)(b) to supervise building works a copy of every plan of those building works approved by the Commissioner of Building Control.
(3A) For the purpose of subsection (3)(a) —
(a)
the plans of any building works that are prepared in accordance with the acceptable solutions as set out in the Approved Document issued by the Commissioner of Building Control in respect of such building works shall be deemed to comply with the objectives and performance requirements that are prescribed by the building regulations in respect of such building works; and
(b)
where the qualified person appointed under section 6(3)(a) to prepare the plans of any building works intends to utilise any alternative solution (that is to say, a solution that entails the use of any design, material or construction method that differs completely or partially from those in the acceptable solution), he shall —
(i)
take all reasonable steps and exercise due diligence to ensure that the alternative solution satisfies the objectives and performance requirements that are prescribed by the building regulations in respect of such building works; or
(ii)
obtain the certification of another qualified person, being a specialist in the application of such an alternative solution, that the alternative solution satisfies the objectives and performance requirements that are prescribed by the building regulations in respect of such building works.
(3B) No qualified person shall issue any certification for the purposes of subsection (3A)(b)(ii) unless he has taken all reasonable steps and exercised due diligence to ensure that the alternative solution in respect of which his certification is being sought satisfies the objectives and performance requirements that are prescribed by the building regulations in respect of the building works for which the alternative solution is to be applied.
(3C) Every qualified person appointed under section 6(3)(b) to supervise the building works shall —
(a)
take all reasonable steps and exercise due diligence in supervising and inspecting the building works to ensure that the building works are being carried out in accordance with —
(i)
the provisions of this Act;
(ii)
subject to section 14, the building regulations;
(iii)
the relevant plans approved by the Commissioner of Building Control; and
(iv)
any terms and conditions imposed by the Commissioner of Building Control;
(b)
in the absence of a site supervisor, take all reasonable steps and exercise due diligence in giving immediate supervision to the carrying out of concreting, piling, pre-stressing, tightening of high-friction grip bolts or other critical structural works of any building works to which section 8(1)(c) applies to ensure that such critical structural works of the building works are being carried out in accordance with —
(i)
the provisions of this Act;
(ii)
subject to section 14, the building regulations;
(iii)
the plans approved in respect thereof by the Commissioner of Building Control; and
(iv)
any terms and conditions imposed by the Commissioner of Building Control;
(c)
notify the Commissioner of Building Control of any contravention of the provisions of this Act or the building regulations in connection with those building works;
(d)
keep and maintain at the premises on which building works are carried out such documents, books and records as may be prescribed in the building regulations;
(e)
submit to the Commissioner of Building Control at the prescribed times such reports and certificates as may be prescribed in the building regulations; and
(f)
notify the Commissioner of Building Control if the building works have been suspended for a period of more than 3 months.”.
(d)
by deleting the words “subsection (1)(b)” in subsection (4) and substituting the words “subsection (3C)(a) or (b)”;
(e)
by deleting the words “subsection (3)(a), (b), (c), (d) or (e)” in subsection (5) and substituting the words “subsection (3)(b) or (3C)(c), (d) or (e)”;
(f)
by deleting subsection (5A) and substituting the following subsection:
“(5A) Any person who contravenes or fails to comply with subsection (1)(b), (3)(a), (3A)(b)(i) or (ii) or (3B) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day during which the offence continues after conviction.”;
(g)
by deleting the words “subsection (3)(c)” in subsection (6) and substituting the words “subsection (3)(b) or (3C)(c)”;
(h)
by inserting, immediately after the words “carried out” in subsection (7), the words “or the builder”; and
(i)
by deleting the words “or (3)(f) or (g)” in subsection (7) and substituting the words “, (3)(c) or (3C)(f)”.