Section 10
Supervision of building works
(1)
Except as otherwise provided in this Act or the building regulations —
(a)
all building works shall be carried out under the supervision of a qualified person;
(b)
the structural elements of all large building works as are prescribed in the building regulations 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 or other critical structural works of all small-scale building works as are prescribed in the building regulations shall be carried out under the immediate supervision of —
(i)
a 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 underground building works except —
(a)
under the supervision of the qualified person appointed under section 12(1)(d)(ii); or
(b)
under the full-time supervision of a site supervisor or a team of site supervisors appointed under section 14(1) by the qualified person in paragraph (a) and working under his control and direction.
(3)
Any person who contravenes subsection (1) or (2) is guilty of an offence and liable on conviction —
(a)
to a fine not exceeding $200,000, imprisonment for a term not exceeding 2 years or both; and
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(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 is guilty of a further offence and 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.