Singapore legislation
Clause 9
Clause 9
Appointment and duties of qualified persons
(1)
Subject to the provisions of this Act, every person for whom any building works are or are to be carried out shall appoint an appropriate qualified person in respect of those works.
(2)
Subject to subsection (4), 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 (5) —
the qualified person shall within 14 days of his ceasing to carry out his duties notify the Building Authority of the fact; and
the person for whom the building works are or are to be carried out shall cease or shall not commence the building works until he appoints another appropriate qualified person in respect of those building works.
(3)
Where the person for whom any building works are or are to be carried out appoints a qualified person pursuant to subsection (2)(b), he shall, within 7 days, notify the Building Authority of the appointment.
(4)
Subsection (2) shall not apply where any qualified person is temporarily unable to carry out his duties under subsection (5) by reason of his illness or absence from Singapore, and in such case the qualified person shall nominate another appropriate qualified person to act in his stead for the period of such illness or absence.
(5)
Every qualified person appointed or nominated under this section in respect of building works shall —
give such supervision and make such inspections as may be necessary to ensure that the building works are being carried out in accordance with the provisions of this Act and the building regulations, with the plans approved in respect thereof by the Building Authority and with any terms and conditions imposed by the Building Authority;
notify the Building Authority of any contravention of the provisions of this Act or the building regulations in connection with those building works;
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;
submit to the Building Authority at the prescribed times such reports and certificates as may be prescribed in the building regulations; and
notify the Building Authority if the building works have been suspended for a period of more than 3 months.
(6)
If any person for whom any building works are or are to be carried out contravenes or fails to comply with subsection (1) or (2)(b), he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding one year or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day during which the offence continues after conviction.
(7)
Any qualified person who contravenes or fails to comply with subsection (4) or (5)(a), (b), (c) or (d) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day during which the offence continues after conviction:Provided that it shall be a defence in any prosecution for a contravention or non-compliance with subsection (5)(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 building 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), (3) or (5)(e) shall be guilty of an offence.