Singapore legislation
Clause 36
Clause 36
Duties of qualified person
(1)
Every qualified person appointed to supervise any works for the purposes of section 35 shall —
take all reasonable steps and exercise due diligence in supervising and inspecting the works to ensure that those works are carried out in accordance with this Act and any regulations made thereunder and with the plans submitted under section 34(3) and with any condition imposed by the Director under that section; (b)notify the Director of any contravention of the provisions of this Act or any regulations made thereunder pertaining to the works;
keep and maintain at the premises on which works are carried out such documents, books and records as may be prescribed;
carry out such inspection of the works as the Director may require;
submit to the Director at the prescribed times such reports and certificates as may be prescribed; and
on completion of the inspection referred to in paragraph (d), submit to the Director a certificate containing such particulars as the Director may require.
(2)
Any qualified person who fails to comply with any of the requirements of subsection (1) 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 or part thereof during which the offence continues after conviction.
(3)
In any prosecution against a person for an offence under subsection (1)(b), it shall be a defence for him to prove to the satisfaction of the court that he could not reasonably have discovered the contravention or non-compliance referred to in the charge.
(4)
Any qualified person who, being required by this Act or any regulations made thereunder to make or produce to the Director any plan, declaration, certificate, report, record, notice or other document, or who, for the purpose of obtaining any certificate or approval from the Director under this Act or any regulations made thereunder or for the purpose of establishing any fact relevant to the administration of this Act or any regulations made thereunder, makes or produces any plan, declaration, certificate, report, record, notice or other document which —
is false in a material particular;
has not been made by the person by whom it purports to have been made; or
has been in any way altered or tampered with,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.
(5)
If any qualified person appointed for the purposes of section 35 becomes unwilling or unable, whether by reason of the termination of his appointment or for any other reason, to carry out his duties under the Building Control Act (Cap. 29) or this Act, he shall, within 14 days of his ceasing to carry out his duties, notify the Director of the fact.