Section 28
Appointment and duties of qualified person
(1)
Subject to the provisions of this Act, every person for whom any fire safety works are or are to be carried out shall appoint the same qualified person who prepared the approved plans of those fire safety works to supervise the fire safety works as required under this section.
(2)
If any qualified person appointed under subsection (1) becomes unwilling or unable, whether by reason of the termination of his appointment or for any other reason, to carry out his duties under subsection (4) —
(a)
the qualified person within 14 days of his ceasing to carry out his duties, notify the Director and the person for whom such works are or are to be carried out of the fact; and
(b)
the person for whom the fire safety works are or are to be carried out shall cease or cause to be ceased and shall not commence or cause to be commenced the carrying out of such work until he has appointed another appropriate qualified person in respect of such works.
(3)
Where the person for whom any such works are or are to be carried out appoints an appropriate qualified person under subsection (2)(b), he shall, within 7 days of the appointment, notify the Director of the appointment.
(4)
Every qualified person appointed under this section in respect of any fire safety works shall —
(a)
take all reasonable steps and exercise due diligence in supervising and inspecting the fire safety works to ensure that such works are being carried out in accordance with the provisions of this
Act and subject to section 30, any regulations made under this Act, the
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plans approved in respect thereof by the Director and any requirements specified, or conditions imposed, by the Director under section 26(3);
(b)
notify the Director of any contravention of the provisions of this Act in connection with the fire safety works; and
(c)
submit to the Director at such times as the Director may determine such reports and certificates as may be prescribed.
(5)
Any person who contravenes or fails to comply with subsection (1) or (2)(b) is guilty of an offence and liable on conviction to a fine not exceeding
$50,000, imprisonment for a term not exceeding 12 months or both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part thereof during which the offence continues after conviction.
(6)
Any qualified person who contravenes or fails to comply with subsection (4) is guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding 6 months or both and, in the case of a continuing offence, to a further fine not exceeding
$1,000 for every day or part thereof during which the offence continues after conviction.
(7)
It shall be a defence in any prosecution for a contravention or non-compliance with subsection (4)(b) 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.
(8)
Any qualified person or person for whom any fire safety works are or are to be carried out, as the case may be, who, without reasonable excuse, contravenes or fails to comply with subsection (2)(a) or (3) is guilty of an offence.