On 18/06/2013,
you requested for the version in force on 18/06/2013
incorporating all amendments published on or before 18/06/2013.
The closest version currently available is that of 30/12/1999.
9.
—(1) If any qualified person appointed under section 6(3) 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 —
(a)
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 the building works of that fact; and
(b)
the builder shall cease or shall not commence the building works until the person for whom the building works are being or are to be carried out appoints another appropriate qualified person in respect of those building works.
[18/95; 4/99]
(2) Where the person for whom any building works are or are to be carried out appoints a qualified person under subsection (1)(b), he shall, within 7 days, notify the Commissioner of Building Control of the appointment.
[4/99]
(3) Every qualified person appointed under section 6(3) 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 the provisions of this Act and, subject to section 14, the building regulations, with the plans approved in respect thereof by the Commissioner of Building Control and with 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 the provisions of this Act and, subject to section 14, the building regulations, with the plans approved in respect thereof by the Commissioner of Building Control and with 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;
(f)
notify the Commissioner of Building Control if the building works have been suspended for a period of more than 3 months; and
(g)
supply to the site supervisor and builder of building works a copy of every plan of those building works approved by the Commissioner of Building Control.
[18/95; 4/99]
(4) Any person who contravenes or fails to comply with subsection (1)(b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 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.
(5) Any qualified person who contravenes or fails to comply with subsection (3)(a), (b), (c), (d) or (e) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day during which the offence continues after conviction.
(6) It shall be a defence in any prosecution for a contravention or non-compliance with subsection (3)(c) for the person charged to prove to the satisfaction of the court that he did not know nor could reasonably have discovered the contravention or non-compliance referred to in the charge.
(7) Any qualified person or person for whom any building works are or are to be carried out , as the case may be, who, without reasonable excuse, contravenes or fails to comply with subsection (1)(a), (2)or (3) (f) or (g) shall be guilty of an offence.