Section 13
Duties of qualified persons
(1)
Every qualified person who is appointed under section 12(1) 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)
this Act; and
(ii)
subject to section 9, the requirements prescribed in the building regulations;
(b)
notify the Authority 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
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(c)
supply a copy of every plan of the building works approved by the Authority to —
(i)
the site supervisor or the team of site supervisors, as the case may be, appointed under section 14(1);
(ii)
the builder of those building works; and
(iii)
the appointed qualified person under section 12(1) to supervise those building works.
(2)
In subsection (1)(a) —
(a)
the plans of any building works that are prepared in accordance with the acceptable solutions as set out in any Approved
Document issued by the Authority under the building regulations in respect of such building works are 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; and
(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 appointed 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
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respect of the building works for which the alternative solution is to be applied.
(4)
Every qualified person who is appointed under section 12(1) to supervise the carrying out of any building works, or the geotechnical aspects of any underground building works, shall —
(a)
take all reasonable steps and exercise due diligence in supervising and inspecting the building works or underground building works, as the case may be, to ensure that those building works are being carried out in accordance with —
(i)
this Act;
(ii)
subject to section 9, the building regulations;
(iii)
the relevant plans approved by the Authority; and
(iv)
any conditions imposed by the Authority;
(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)
this Act;
(ii)
subject to section 9, the building regulations;
(iii)
the relevant plans approved by the Authority; and
(iv)
any conditions imposed by the Authority;
(c)
notify the Authority 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 Authority at the prescribed times such reports and certificates as may be prescribed in the building regulations; and
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(f)
notify the Authority 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 12(1) —
(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 underground 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 Authority and the builder of those building works of that fact.
(6)
If any site supervisor appointed under section 14(1) 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 14(5), the qualified person appointed 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 Authority of that substitute appointment.
(7)
A qualified person who is appointed under section 12(1) to supervise the carrying out of any building works, or the geotechnical aspects of any underground 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 underground 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).
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(8)
If any qualified person appointed under section 12(1) to prepare the plans of any building works contravenes subsection (1)(a), (2)(b) or (3), he 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
(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 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.
(9)
If any qualified person appointed under section 12(1) contravenes subsection (4)(a) or (b), he is guilty of an offence and liable on conviction —
(a)
to a fine not exceeding $100,000, imprisonment for a term not exceeding 2 years or 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 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.
(10)
If —
(a)
any qualified person appointed under section 12(1) to prepare the plans of any building works contravenes subsection (1)(b); or
(b)
any qualified person appointed under section 12(1)
contravenes subsection (4)(c), (d) or (e) or (7), the qualified person is guilty of an offence and liable on conviction —
(i)
to a fine not exceeding $20,000, imprisonment for a term not exceeding one year or both; and
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(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 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.
(11)
If —
(a)
any qualified person appointed under section 12(1) to prepare the plans of any building works contravenes subsection (5); or
(b)
any qualified person appointed under section 12(1)
contravenes subsection (4)(f) or (5), he is 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.