Section 15
Duties of builders
(1)
A builder undertaking any building works, specialist building works or both, as the case may be, shall —
(a)
ensure that the building works, specialist building works or both are, as the case may be, 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 supplied to him by a qualified person under section 13(1)(c); and
(iv)
any conditions imposed by the Authority in accordance with this Act and, subject to section 9, the building regulations;
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(b)
notify the Authority of any contravention of this Act or the building regulations relating to those building works of which the builder knows or ought reasonably to know;
(c)
have an adequate number of construction supervisors working under his direction to assist the builder to ensure that paragraph (a) is complied with;
(d)
within 7 days of the completion of the building works, certify that the new building has been erected or the building works have been carried out in accordance with this Act and, subject to section 9, the building regulations and deliver that certificate to the Authority; and
(e)
comply with such other duties as may be prescribed in the building regulations.
(2)
A builder who is appointed by the developer under section 12(1)(f)(ii) in respect of any building works shall not carry out any work monitoring instruments measuring pore pressures for saturated and unsaturated levels, ground-water levels, ground movements or building movements and to measure forces, deformations or displacements in connection with those building works if he, or any nominee of his, is a partner, an officer or an employee of —
(a)
the developer or builder of those building works; or
(b)
any associate of the developer or builder of those building works.
(3)
If any builder appointed under this section or section 12(1) in respect of building works becomes unwilling to act or unable, whether by reason of the termination of his appointment or for any other reason, to carry out his duties under subsection (1), the builder, shall, within 14 days of his ceasing to carry out his duties, notify the Authority of that fact.
(4)
If any qualified person who is appointed under section 12(1) —
(a)
to prepare the plans of any building works; or
(b)
to supervise any building works,
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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 builder of those building works shall cease or shall not commence carrying out the building works until the developer appoints another qualified person in respect of those building works.
(5)
Any builder who contravenes subsection (1)(a) or (2) is guilty of an offence and liable on conviction to a fine not exceeding $200,000, imprisonment for a term not exceeding 2 years or both.
(6)
If a builder contravenes subsection (1)(b), he is guilty of an offence and liable on conviction —
(a)
to a fine not exceeding $20,000, imprisonment for a term not exceeding one year or both; and
(b)
in respect of a continuing contravention, to an additional fine not exceeding $1,000 for each day or part thereof the builder contravenes subsection (1)(b), and if the contravention continues after the conviction, the builder 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.
(7)
It shall be a defence in any prosecution for a contravention of subsection (1)(b) for the builder charged to prove to the satisfaction of the court that he did not know nor could reasonably have discovered the contravention referred to in the charge.
(8)
If a builder, without reasonable excuse, contravenes subsection (1)(c), (d) or (e) or (3), he is guilty of an offence.
(9)
Any builder who contravenes subsection (4) 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 contravention continues,
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and if the contravention continues after the conviction, the builder 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.