In forceAmended2020 Revised Edition

Contents

Building Control Act 1989 · 2020 Revised Edition · Part 2 · Control of Building Works

10. Duties of site supervisors

Amended

Last amended by an amending law of 2007.

(1)

The appropriate qualified person appointed under section 8 or 11 to supervise the carrying out of any large building works must appoint the following site supervisors in respect of the structural elements of the large building works:

(a)

a team of site supervisors comprising not less than any number of persons that may be prescribed in relation to the value of those large building works; or

(b)

at least one site supervisor, in any other case.

(2)

The appropriate qualified person appointed under section 8 or 11 to supervise the carrying out of any small‑scale building works must appoint at least one site supervisor, in respect of the critical structural elements of the small‑scale building works.

(3)

A person must not be appointed under this section as a site supervisor in respect of any building works for the purposes of this Act unless —

(a)

he or she possesses the initial practical experience and qualifications prescribed; and

(b)

he or she remains accredited with the Building and Construction Authority or a prescribed organisation.

(4)

A site supervisor must not supervise any structural works of any major building works if the site supervisor, or any nominee of the site supervisor, 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.

(5)

Every site supervisor appointed under this section in respect of any building works must take all reasonable steps and exercise due diligence in giving —

(a)

in the case of large building works — full‑time supervision to the carrying out of the structural elements of the building works; and

(b)

in the case of small-scale building works — immediate supervision to the carrying out of the critical structural elements of the building works,to ensure that the structural elements or critical structural elements (as the case may be) of the building works in question are carried out in accordance with the plans of the building works supplied to him or her in accordance with section 9(1)(c) by a qualified person, and with any terms and conditions imposed by the Commissioner of Building Control.

(6)

If a site supervisor appointed in respect of any building works becomes unwilling or unable, whether by reason of the termination of his or her appointment or for any other reason, to carry out his or her duties under subsection (5), the site supervisor must, within 7 days of ceasing to carry out those duties, notify the Commissioner of Building Control of that fact.

(7)

Any site supervisor who contravenes subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.

(8)

Any site supervisor who contravenes subsection (5) shall be guilty of an offence and shall be liable on conviction —

(a)

to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; and

(b)

in respect of a continuing contravention, to an additional fine not exceeding $1,000 for each day or part of a day the site supervisor fails to comply with the requirement,and if the contravention continues after the conviction, the site supervisor shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $2,000 for every day or part of a day during which the contravention continues after conviction.

(9)

Any site supervisor or qualified person who, without reasonable excuse, contravenes subsection (6) shall be guilty of an offence.

Terms defined in this Act

builder
Defined · s 2
“builder” means any person who undertakes, whether exclusively or in conjunction with any other business, to carry out any building works for the person’s own account or for or on behalf of another person but does not include a sub-contractor in relation to those building works;
Open s 2
Building and Construction Authority
Defined · s 2
“Building and Construction Authority” means the Building and Construction Authority established under section 3 of the Building and Construction Authority Act 1999;
Open s 2
building works
Defined · s 2
“building works” means —(a)the erection, extension or demolition of a building;(b)the alteration, addition or repair of a building;(c)the provision, extension or alteration of any air conditioning service or ventilating system in or in connection with a building,and includes any fixed installation works, and any site formation works connected with or carried out for the purpose of paragraph (a), (b) or (c);
Open s 2
Commissioner of Building Control
Defined · s 2
“Commissioner of Building Control”, in relation to this Act or any Part or provision of this Act, means any Commissioner of Building Control appointed under section 3(1) to be responsible for the operation of this Act or that Part or provision, as the case may be;
Open s 2
developer
Defined · s 2
“developer”, in relation to any building works, means the person for whom or on whose behalf the building works are carried out;
Open s 2
immediate supervision
Defined · s 2
“immediate supervision”, in relation to any building works or part thereof, means personally and directly exercising oversight, control and inspection of the carrying out of the building works or part thereof;
Open s 2
large building works
Defined · s 2
“large building works” means any building works that are prescribed for the purposes of section 7(1)(b);
Open s 2
major building works
Defined · s 2
“major building works” means building works other than minor building works;
Open s 2
prescribed
Defined · s 29A
“prescribed” means prescribed in the regulations made under section 29L.
Open s 29A
qualified person
Defined · s 2
“qualified person” means a person who is registered as —(a)an architect under the Architects Act 1991 and has in force a practising certificate issued under that Act; or(b)a professional engineer under the Professional Engineers Act 1991 and has in force a practising certificate issued under that Act;
Open s 2
site supervisor
Defined · s 2
“site supervisor” means a person appointed (whether alone or as a member of a team of site supervisors) under section 10 to be a site supervisor in respect of any small‑scale or large building works;
Open s 2
small-scale building works
Defined · s 2
“small-scale building works” means any building works that are prescribed for the purposes of section 7(1)(c);
Open s 2
structural elements
Defined · s 2
“structural elements” means those parts or elements of a building which resist forces and moments, and includes foundations, beams, columns, shear cores, structural walls, struts, ground anchors, slabs, trusses, staircases, load‑bearing walls and all other elements designed to resist forces and moments but does not include doors, windows and non‑load bearing walls;
Open s 2
structural works
Defined · s 2
“structural works” means works in relation to the structural elements of the building works;
Open s 2
value
Defined · s 2
“value”, in relation to any building works, means —(a)for any geotechnical building works — the total cost to be expended in carrying out those building works estimated at the time of, and contained in, the application under section 5 for approval of the plans of those building works, including any goods and services tax payable in relation to the supply of the work; or(b)for any other building works — the total cost to be expended in carrying out the building works (including the foundations, basements, structural frame, finishes and the installation of building services) estimated at the time of, and contained in —(i)the application under section 5 for approval of the plans of the building works; or(ii)the documents that are lodged together with the plans of the building works for the purpose of section 5AA,as the case may be, including any goods and services tax payable in relation to the supply of the work;
Open s 2

Report

Read on from s 11

Part 3

Retrofitting of Exterior Features and Fixed Installations

Read on from Part 3

Part 3A

Disability and Other Performance Requirements for Buildings

Read on from Part 3A

Part 3B

Environmental Sustainability Measures for Existing Buildings

Read on from Part 3B

Part 4

Dangerous Buildings and Occurrences

Read on from Part 4

Part 4A

Maintenance of Buildings

Read on from Part 4A

Part 5

Inspection of Buildings and Building Façades

Read on from Part 5

Part 5A

Licensing of Builders

Read on from Part 5A

Part 5B

Regulating Fixed Installation Contractors

Read on from Part 5B

Part 6

Miscellaneous

Read on from Part 6