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.
9.
—(1) Every qualified person who is appointed under section 8 or 11 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 6A, the requirements prescribed in the building regulations;
(b)
notify the Commissioner of Building Control of any contravention of this Act or the building regulations in relation to those building works of which the qualified person knows or ought reasonably to know; and
(c)
supply a copy of every plan of the building works approved by the Commissioner of Building Control to —
(i)
the site supervisor or the team of site supervisors, as the case may be, appointed under section 10;
(ii)
the builder of those building works; and
(iii)
the qualified person appointed under section 8 or 11 to supervise those building works.
(2) For the purpose of subsection (1)(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 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
[Act 2 of 2012 wef 01/03/2012]
(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.
(3) No qualified person shall issue any certification for the purposes of subsection (2)(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.
(4) Every qualified person who is appointed under section 8 or 11 to supervise the carrying out of any building works, or the geotechnical aspects of any geotechnical building works, shall —
(a)
take all reasonable steps and exercise due diligence in supervising and inspecting the building works or geotechnical building works, as the case may be, to ensure that those building works are being carried out in accordance with —
(i)
the provisions of this Act;
(ii)
subject to section 6A, 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 the building works 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 6A, 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;
(c)
notify the Commissioner of Building Control of any contravention of this Act or the building regulations in relation to those building works of which the qualified person knows or ought reasonably to know;
(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.
(5) If any qualified person who is appointed under section 8 or 11 —
(a)
to prepare the plans of any building works; or
(b)
to supervise the carrying out of any building works, or the geotechnical aspects of any geotechnical 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 this Act, the qualified person shall, within 14 days of his ceasing to carry out his duties, notify the Commissioner of Building Control and the builder of those building works of that fact.
(6) If any site supervisor appointed under section 10 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 section 10(5), the qualified person appointed under section 8 or 11 to supervise the carrying out of the building works shall —
(a)
appoint another site supervisor in his place; and
(b)
within 7 days thereafter, notify the Commissioner of Building Control of that substitute appointment.
(7) A qualified person who is appointed under section 8 or 11 to supervise the carrying out of any building works, or the geotechnical aspects of any geotechnical building works, shall not supervise —
(a)
any works relating to the structural elements of any major building works; or
(b)
the geotechnical aspects of the geotechnical building works,
if he, or any nominee of his, is a partner, an officer or an employee of —
(i)
the developer of those building works;
(ii)
the builder of those building works; or
(iii)
an associate of the developer or builder referred to in paragraph (i) or (ii).
(8) If any qualified person appointed under section 8 or 11 to prepare the plans of any building works contravenes subsection (1)(a), (2)(b) or (3), he 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 qualified person fails to comply with the requirement,
and if the contravention 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 contravention continues after conviction.
(9) If any qualified person appointed under section 8 or 11 contravenes subsection (4)(a) or (b), he shall be guilty of an offence and shall be liable on conviction —
(a)
to a fine not exceeding $100,000 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 qualified person fails to comply with the requirement,
and if the contravention 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 contravention continues after conviction.
(10) If —
(a)
any qualified person appointed under section 8 or 11 to prepare the plans of any building works contravenes subsection (1)(b); or
(b)
any qualified person appointed under section 8 or 11 contravenes subsection (4)(c), (d) or (e) or (7),
the qualified person shall be guilty of an offence and shall be liable on conviction —
(i)
to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; and
(ii)
in respect of a continuing contravention, to an additional fine not exceeding $1,000 for each day or part thereof the qualified person contravenes subsection (1)(b) or (4)(c), (d) or (e), as the case may be,
and if the contravention 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 contravention continues after conviction.
(11) If —
(a)
any qualified person appointed under section 8 or 11 to prepare the plans of any building works contravenes subsection (5); or
(b)
any qualified person appointed under section 8 or 11 contravenes subsection (4)(f) or (5),
the qualified person shall be guilty of an offence.
(12) It shall be a defence in any prosecution for a contravention of subsection (1)(b) or (4)(c) for the person charged to prove to the satisfaction of the court that he did not know and could not reasonably have discovered the contravention referred to in the charge.