Section 11
Tests of and in connection with building works
(1)
Subject to subsection (3), the qualified person appointed to supervise the carrying out of any building works shall carry out or cause to be carried out such tests of or in connection with the building works as may be prescribed in the building regulations or required by the Authority.
(2)
Any tests prescribed, or required to be carried out, under subsection (1) shall be carried out in such manner and at such places and times as may be prescribed in the building regulations.
(3)
The Authority may, on an application in relation to any particular building works, give a direction to waive the operation of subsection (1) in relation to those building works if the Authority is satisfied that the operation of that subsection in relation to that particular case would be unreasonable.
(4)
An application under subsection (3) shall be accompanied by such particulars as may be prescribed in the building regulations.
(5)
If a qualified person fails to comply with subsection (1), the
Authority may, by order in writing served on the developer, qualified person, every site supervisor and builder of the building works, require the building works to cease until the order is withdrawn.
(6)
Notwithstanding the right of the Authority to exercise its power under subsection (5), any qualified person who fails to comply with any requirement under subsection (1) is guilty of an offence and liable on conviction —
(a)
to a fine not exceeding $50,000, imprisonment for a term not exceeding one year 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 qualified person fails to comply with the requirement, and if the failure to comply continues after the conviction, the qualified 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 failure to comply continues after conviction.
(7)
If any person on whom an order made under subsection (5) is served fails to comply with the order, he is guilty of an offence and liable on conviction —
(a)
to a fine not exceeding $50,000, imprisonment for a term not exceeding one year or both; and
(b)
in respect of a continuing contravention, to an additional fine not exceeding $500 for each day or part thereof the person fails to comply with the requirement, and if the failure to comply 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 $1,000 for every day or part thereof during which the failure to comply continues after conviction.