On 18/05/2013,
you requested for the version in force on 18/05/2013
incorporating all amendments published on or before 18/05/2013.
The closest version currently available is that of 01/12/2012.
10.
—(1) The appropriate qualified person appointed under section 8 or 11 to supervise the carrying out of any large building works shall appoint the following site supervisors in respect of the structural elements of the large building works:
(a)
a team of site supervisors comprising not less than such number of persons as may be prescribed in relation to the value of those large building works; or
(b)
at least one site supervisor, in any other case.
(2) The appropriate qualified person appointed under section 8 or 11 to supervise the carrying out of any small-scale building works shall appoint at least one site supervisor, in respect of the critical structural elements of the small-scale building works.
(3) No person shall be appointed under this section as a site supervisor in respect of any building works for the purposes of this Act unless —
(a)
he possesses the initial practical experience and qualifications prescribed; and
(b)
he remains accredited with the Building and Construction Authority or a prescribed organisation.
(4) No site supervisor shall supervise any structural works of any major building works if he, or any nominee of his, is a partner, an officer or an employee of —
(a)
the developer or builder of those building works; or
(b)
any associate of the developer or builder of those building works.
(5) Every site supervisor appointed under this section in respect of any building works shall take all reasonable steps and exercise due diligence in giving —
(a)
in the case of large building works — full-time supervision to the carrying out of the structural elements of the building works; and
(b)
in the case of small-scale building works — immediate supervision to the carrying out of the critical structural elements of the building works,
to ensure that the structural elements or critical structural elements, as the case may be, of the building works in question are carried out in accordance with the plans of the building works supplied to him in accordance with section 9(1)(c) by a qualified person, and with any terms and conditions imposed by the Commissioner of Building Control.
(6) If a site supervisor appointed in respect of any building works becomes unwilling or unable, whether by reason of the termination of his appointment or for any other reason, to carry out his duties under subsection (5), the site supervisor shall, within 7 days of his ceasing to carry out such duties, notify the Commissioner of Building Control of that fact.
(7) Any site supervisor who contravenes subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.
(8) Any site supervisor who contravenes subsection (5) shall be guilty of an offence and shall be liable on conviction —
(a)
to a fine not exceeding $20,000 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 site supervisor fails to comply with the requirement,
and if the contravention continues after the conviction, the site supervisor 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.
(9) Any site supervisor or qualified person who, without reasonable excuse, contravenes subsection (6) shall be guilty of an offence.