PART 2 6.—(1) This Part does not apply to any fixed installation works relating to the supporting structure or enclosure of a fixed installation.| (2) To avoid doubt, Part 2 of the Act and the Building Control Regulations 2003 continue to apply in relation to the fixed installation works mentioned in paragraph (1). |
(3) The following provisions in this Part do not apply to or in relation to any major alteration or replacement works specified in the third column of the First Schedule:| (a) | Division 2 (Plan approvals for fixed installation works); | | (b) | Division 3 (Requirements for plans); | | (c) | regulation 20(1)(a) (Duties of developers); | | (d) | regulation 21(1), (2), (3), (4)(a)(ii)(B), (7), (8) and (10)(a) (Duties of plan submission QP, etc.); | | (e) | regulation 22(1)(b) and (3)(a)(i)(B) and (ii), (d), (e), (g) and (h) (Duties of builders and fixed installation works contractors); | | (f) | regulation 24 (Offences relating to fixed installation works). |
|
|
| Compliance with design and installation requirements |
| 7. Subject to this Part, all fixed installations must be designed and all fixed installation works must be carried out in compliance with the objectives and performance requirements set out in the Third Schedule. |
| Endorsed alternative solutions |
8.—(1) The Commissioner of Building Control may, in addition to the Approved Documents, endorse in writing, in whole or in part, any alternative solution for use in establishing compliance with the objectives and performance requirements set out in the Third Schedule.| (2) Any fixed installations that are designed, or any fixed installation works that are carried out, in accordance with an alternative solution endorsed under paragraph (1) are deemed to comply with the objectives and performance requirements set out in the Third Schedule. |
|
| Division 2 — Plan approvals for fixed installation works |
| Application for approval of plans |
9.—(1) An application for approval of the plans of any fixed installation works must —| (a) | be made to the Commissioner of Building Control by the developer of those fixed installation works; | | (b) | be in any form that may be required by the Commissioner of Building Control; and | | (c) | contain any information that the Commissioner of Building Control may require. |
(2) The application mentioned in paragraph (1) must be accompanied by —| (a) | the names and particulars of the plan submission QP appointed to prepare the plans of those fixed installation works; | | (b) | the plans of the fixed installation works prepared in accordance with these Regulations; | | (c) | if the fixed installation works relate to the installation of a lift (except a stairlift or vertical platform lift) — a type testing certificate (and accompanying documents) for the lift model of the lift and each safety component in that lift; | | (d) | if the fixed installation works only involve replacing a safety component in a lift (except a stairlift or vertical platform lift) with a safety component that is not the same model or make originally involved in the lift (called in this regulation a new safety component) — a type testing certificate (and accompanying documents) for each new safety component; | | (e) | a certificate issued by the plan submission QP, in the form and manner required by the Commissioner of Building Control, stating that the plan submission QP is satisfied that —| (i) | the plans for the fixed installation works comply with Division 3; and | | (ii) | any type testing certificate (including any accompanying document) mentioned in sub‑paragraphs (c) and (d) —| (A) | is valid; | | (B) | corresponds with the plans for the fixed installation works; | | (C) | is complete; and | | (D) | complies with any other requirements that the Commissioner of Building Control may specify; and |
|
| | (f) | the documents mentioned in paragraph (3). |
|
(3) For the purposes of paragraph (2)(f) and regulation 14(3), the documents are as follows:| (a) | the following plans of the fixed installation works prepared in accordance with these Regulations and any other requirements that the Commissioner of Building Control may, from time to time, specify:| (i) | any design plan; | | (ii) | any location plan; | | (iii) | any site plan; |
| | (b) | a notification of the appointment of the plan submission QP who prepared the plans of the fixed installation works, signed by the person who made the appointment; | | (c) | if an application has been made under regulation 45(1) for a modification or waiver of any requirement of these Regulations — a copy of the application; | | (d) | if alternative solutions are to be utilised in respect of the fixed installation works —| (i) | a list of the alternative solutions; and | | (ii) | the certification of one or more specialists in the alternative solutions mentioned in regulation 21(2)(b)(ii), if obtained; |
| | (e) | the specified documents for the fixed installation set out in the Second Schedule; | | (f) | any other document that the Commissioner of Building Control may require, which may include a document showing the appointed fixed installation works contractor’s ability to install lifts imported from a particular supplier. |
|
|
| Non-acceptance of application for approval of plans |
10. The Commissioner of Building Control may refuse to accept an application for approval of any plans of fixed installation works if —| (a) | the application or the plans of fixed installation works submitted do not comply with any requirement of these Regulations; or | | (b) | the application is not complete or not in accordance with any other requirement of the Commissioner of Building Control. |
|
11.—(1) Upon receiving an application under regulation 9 for the approval of plans of any fixed installation works, the Commissioner of Building Control must consider the application and may —| (a) | approve any one or more of the plans submitted to the Commissioner of Building Control, with or without conditions; | | (b) | in writing direct the developer to comply with any requirements that the Commissioner of Building Control may specify for the purpose of ensuring that all or any of the plans submitted to him or her complies with the provisions of these Regulations and to re‑submit those plans for his or her approval, within the period specified in the direction; or | | (c) | disapprove any one or more of the plans submitted to him or her. |
| (2) If the written direction given by the Commissioner of Building Control under paragraph (1)(b) is not complied with within the period specified in that direction, or such further period as may be extended by the Commissioner of Building Control, the application for approval of those plans is, at the end of that period, deemed to be disapproved by the Commissioner of Building Control. |
| (3) The Commissioner of Building Control may, without checking the plans, type testing certificates or documents mentioned in regulation 9(2) and (3) of any fixed installation works, approve those plans on the basis of the certificate mentioned in regulation 9(2)(e). |
| (4) Despite paragraph (3), the Commissioner of Building Control may carry out any checks on any of the plans, type testing certificates or documents mentioned in regulation 9(2) and (3) submitted for any fixed installation works before approving those plans under paragraph (1)(a). |
(5) To avoid doubt, no approval of any plans of fixed installation works under paragraph (1)(a) is taken to —| (a) | confer any title to land; | | (b) | act as a waiver of any term in any lease or licence; | | (c) | grant any exemption from or permit any contravention of these Regulations; or | | (d) | modify or waive the application of these Regulations to those fixed installation works where no such modification or waiver has been granted under regulation 45 in relation to the fixed installation works. |
|
|
| Notification of approval or disapproval of plans |
12.—(1) If the Commissioner of Building Control approves any plans of fixed installation works under regulation 11(1)(a), he or she must notify the developer of the fixed installation works and the plan submission QP who prepared and submitted those plans of his or her approval and of the terms and conditions (if any) subject to which the approval has been granted.| (2) If the Commissioner of Building Control disapproves any plans of fixed installation works under regulation 11(1)(c), he or she must notify the developer of the fixed installation works and the plan submission QP who prepared and submitted those plans. |
|
| Return of disapproved or withdrawn plans |
13.—(1) If any plans of fixed installation works have been disapproved, the Commissioner of Building Control may return the disapproved plans to the relevant plan submission QP.| (2) If any plans have been withdrawn by the plan submission QP or developer before or after approval, the Commissioner of Building Control may return the plans to the plan submission QP or developer, as the case may be. |
(3) If —| (a) | the Commissioner of Building Control has notified a plan submission QP or developer to collect any plans (whether on paper or in electronic form) that are to be returned under paragraph (1) or (2); and | | (b) | the plans are not collected within one month after the date of the notice, |
| the Commissioner of Building Control may destroy or dispose of the plans (including the medium in which they are stored) in any way that he or she thinks fit. |
|
|
| Departure or deviation from approved plans |
14.—(1) This regulation applies when —| (a) | the plans of any fixed installation works have been approved by the Commissioner of Building Control under regulation 11(1)(a); and | | (b) | the developer of the fixed installation works intends to depart or deviate from the approved plans. |
| (2) If the departure or deviation involves a material change to the fixed installation works, the developer must, before installation, apply to the Commissioner of Building Control for his or her approval of the amended plans showing the proposed departure or deviation. |
(3) An application under paragraph (2) must be accompanied by the following:| (a) | the amended plans of the fixed installation works showing clearly the departures or deviations, and prepared in accordance with Division 3; | | (b) | if the departure or deviation involves a change to the lift model of the lift to be installed (except a stairlift or vertical platform lift) — a type testing certificate (and accompanying documents) for the lift model of the lift and each safety component in that lift; | | (c) | if the departure or deviation involves a change to a safety component in a lift (except a stairlift or vertical platform lift) that is not the same model or make originally involved in the lift — a type testing certificate (including any accompanying document) for the safety component in the lift; | | (d) | all the documents mentioned in regulation 9(3) (whether or not affected by the departure or deviation); | | (e) | a certificate issued by a plan submission QP (in the form and manner required by the Commissioner of Building Control) stating that the plan submission QP is satisfied that —| (i) | the amended plans for the fixed installation works comply with Division 3; | | (ii) | any type testing certificate accompanying the application (including any accompanying document to the certificate) —| (A) | is valid; | | (B) | corresponds with the amended plans of the fixed installation works; | | (C) | is complete; and | | (D) | complies with any other requirements that the Commissioner of Building Control may specify; and |
| | (iii) | the documents mentioned in regulation 9(3) that are submitted with the application are in order; |
| | (f) | the names and particulars of the plan submission QP appointed. |
|
| (4) The first approval granted under regulation 11 of any plans of fixed installation works ends and is superseded to the extent that the amended plans relating to those same fixed installation works are approved under this regulation (whether or not the approval also relates to other fixed installation works). |
(5) If the departures or deviations from the approved plans involve immaterial changes, the relevant plan submission QP is only required to submit to the Commissioner of Building Control —| (a) | a record plan showing the immaterial changes made to the approved plan; | | (b) | a certificate stating that to the best of the plan submission QP’s knowledge and belief, the departures or deviations —| (i) | have been completed in accordance with these Regulations; and | | (ii) | are not material changes; and |
| | (c) | any other certificate or document that the Commissioner of Building Control may require. |
|
| (6) The certificates mentioned in paragraph (5)(b) and (c) must be in such form as the Commissioner of Building Control may specify. |
|
| Lapsing or revocation of approval for plans |
15.—(1) Any approval granted under regulation 11 or 14, in respect of any plans of fixed installation works automatically lapses if the fixed installation works do not start within 24 months after the date the approval is granted.| (2) The Commissioner of Building Control may, at any time, revoke any approval granted in respect of any plans of fixed installation works under regulation 11 or 14, if he or she is satisfied that any information given in the application for approval or any document submitted to the Commissioner of Building Control in connection with the application for approval is false or misleading in a material particular. |
| (3) If the Commissioner of Building Control has under paragraph (2) revoked any approval granted under regulation 11 or 14 in respect of any plans of fixed installation works, the Commissioner of Building Control may revoke any permit to operate granted in respect of that fixed installation. |
|
| Inspection and copying of approved drawings |
| 16. The Commissioner of Building Control may allow the approved drawings of fixed installation works kept in his or her office to be inspected and copied by the owner of the fixed installation or the owner’s authorised agent on such terms and conditions as the Commissioner of Building Control may decide. |
| Division 3 — Requirements for plans |
| Preparation of plans for approval |
17. All plans or amended plans of fixed installation works accompanying any application for approval of the plans under regulation 9(1) or 14(2) must —| (a) | be prepared and signed by a plan submission QP; | | (b) | be produced in a clear and intelligible manner; | | (c) | bear a title block in such format as the Commissioner of Building Control may specify together with a project title on the right side of the plan; | | (d) | be fully annotated and use suitable notations and symbols to show or distinguish the different types of materials and components to be used in the fixed installation works; | | (e) | bear a full description or generic name of any specification of materials and components given or shown on the plans; | | (f) | demarcate clearly the new fixed installation works from the existing building by suitable markings; | | (g) | delineate clearly the fixed installation works to be deleted, demolished or removed by suitable markings; | | (h) | be numbered serially where the first plan is numbered as 1 of n and the last plan as n of n (n being the total number of pages of the relevant plans); | | (i) | set out fixed installation works the design or installation of which complies with the objectives and performance requirements set out in the Third Schedule; and | | (j) | comply with any other requirements that the Commissioner of Building Control may specify. |
|
18. A plan of fixed installation works must be drawn to the following scales if the plan is submitted in paper form:| (a) | key or location plan — 1:10,000; | | (b) | site plan — at least 1:1,000; | | (c) | others — at least 1:200. |
|
| Particulars to be shown on plans |
19. A plan of fixed installation works must, where applicable, consist of or contain the following:| (a) | the information for the fixed installation in the Second Schedule; | | (b) | any other information that the Commissioner of Building Control may require. |
|
| Division 4 — Duties of developers, etc. |
20.—(1) Subject to these Regulations, every developer of fixed installation works must appoint —| (a) | a plan submission QP to —| (i) | prepare the plans for any fixed installation works in accordance with —| (A) | an acceptable solution; or | | (B) | Division 3; and |
| | (ii) | check and confirm that any type testing certificate (including any accompanying document) that is to be submitted in relation to the fixed installation works —| (A) | is valid; | | (B) | corresponds with the plans for the fixed installation works; | | (C) | is complete; and | | (D) | complies with any other requirements that the Commissioner of Building Control may specify; and |
|
| | (b) | a fixed installation works contractor to carry out the fixed installation works. |
| (2) The developer of any fixed installation works must notify the Commissioner of Building Control of every appointment the developer makes under paragraph (1)(b) within 14 days after making that appointment. |
(3) If a fixed installation works contractor appointed under paragraph (1)(b) in respect of fixed installation works becomes unwilling or unable, whether by reason of the termination of his, her or its appointment or for any other reason, to carry out his, her or its respective duties under these Regulations, the developer must —| (a) | without delay appoint under paragraph (1) another fixed installation works contractor in his, her or its place; and | | (b) | within 7 days thereafter, notify the Commissioner of Building Control of that substitute appointment. |
|
| (4) The developer of any fixed installation works must notify the Commissioner of Building Control of any contravention of these Regulations relating to those fixed installation works of which the developer knows or ought reasonably to know. |
| (5) Any developer of fixed installation works who, without reasonable excuse, fails to comply with paragraph (3)(b) shall be guilty of an offence under section 8(4) of the Act. |
| (6) Any developer of fixed installation works who contravenes paragraph (4) shall be guilty of an offence under section 8(5) of the Act and shall be liable on conviction to punishment under that provision. |
| (7) It is a defence in any prosecution for a contravention of paragraph (4) for the person charged to prove to the satisfaction of the court that the person did not know and could not reasonably have discovered the contravention mentioned in the charge. |
|
| Duties of plan submission QPs and supervisor QPs |
21.—(1) A plan submission QP appointed in relation to any fixed installation works must —| (a) | take all reasonable steps and exercise due diligence to ensure that the fixed installation works are designed in accordance with these Regulations (subject to regulation 45); | | (b) | notify the Commissioner of Building Control of any contravention of these Regulations in relation to those fixed installation works of which the plan submission QP knows or ought reasonably to know; | | (c) | supply a copy of the plans of the fixed installation works approved by the Commissioner of Building Control (including any conditions imposed in that approval, type testing certificates accompanying that approval and documents accompanying those type testing certificates) to —| (i) | any fixed installation works contractor for those works; and | | (ii) | any supervisor QP who is appointed under regulation 29(1)(a)(ii) for the fixed installation concerned; and |
| | (d) | check and confirm that any type testing certificate (including any accompanying document) accompanying an application under regulation 9(1) or 14(2) —| (i) | is valid; | | (ii) | corresponds with the plans for the fixed installation works; | | (iii) | is complete; and | | (iv) | complies with any other requirements that the Commissioner of Building Control may specify. |
|
(2) For the purpose of paragraph (1)(a) —| (a) | the plans of any fixed installation works that are prepared in accordance with the acceptable solutions are deemed to comply with the objectives and performance requirements set out in the Third Schedule; and | | (b) | if the plan submission QP appointed to prepare the plans of any fixed installation works intends to utilise any alternative solution (that is to say, a solution that entails the use of any design, material or installation method that differs completely or partially from those in the acceptable solution), the plan submission QP must —| (i) | take all reasonable steps and exercise due diligence to ensure that the alternative solution satisfies the objectives and performance requirements set out in the Third Schedule; or | | (ii) | obtain the certification of another person who has such requisite specialist knowledge or qualification in the application of the alternative solution as the Commissioner of Building Control may approve (called in this regulation a specialist in the alternative solution), that the alternative solution satisfies the objectives and performance requirements set out in the Third Schedule. |
|
|
| (3) A specialist in the alternative solution must not issue any certification for the purposes of paragraph (2)(b)(ii) unless the specialist in the alternative solution has taken all reasonable steps and exercised due diligence to ensure that the alternative solution in respect of which his or her certification is being sought satisfies the objectives and performance requirements that are set out in the Third Schedule in respect of the fixed installation works for which the alternative solution is to be applied. |
(4) A supervisor QP appointed in relation to a fixed installation for the purposes of Part 3 must —| (a) | after the installation of, or major alteration or replacement works for, the fixed installation is complete, and before the application for a permit to operate, be physically present to —| (i) | supervise that any examining, inspecting, testing or commissioning of the fixed installation by a fixed installation works contractor is carried out in accordance with regulation 29(2); and | | (ii) | ensure that the design, installation, operation and function of the fixed installation are in accordance with and complies with —| (A) | these Regulations (subject to regulation 45); | | (B) | the relevant plans approved by the Commissioner of Building Control; and | | (C) | any terms and conditions in the approved plans imposed by the Commissioner of Building Control; |
|
| | (b) | submit a test report to the Commissioner of Building Control, in the form and manner specified by the Commissioner of Building Control, relating to the examining, inspecting, testing and commissioning of the fixed installation; | | (c) | submit a certificate to the Commissioner of Building Control, in the form and manner specified by the Commissioner of Building Control and signed by the supervisor QP, certifying that —| (i) | the fixed installation has been examined, inspected, tested and commissioned in accordance with sub‑paragraph (a)(i); | | (ii) | the design, installation, operation and function of the fixed installation has been carried out in accordance with and complies with sub‑paragraph (a)(ii); | | (iii) | the supervisor QP considers that the fixed installation is fit for operation; and | | (iv) | the supervisor QP, and any nominee of the supervisor QP, is not a partner, director, officer or employee of —| (A) | the owner of the fixed installation; | | (B) | the developer of the fixed installation works concerned; | | (C) | the builder undertaking the fixed installation works concerned; | | (D) | the fixed installation works contractor who examined, inspected, tested and commissioned the fixed installation under regulation 29(2); or | | (E) | an associate of a person mentioned in sub‑paragraph (A), (B), (C) or (D); and |
|
| | (d) | notify the Commissioner of Building Control of any contravention of these Regulations relating to those fixed installation works concerned of which the supervisor QP knows or ought reasonably to know. |
|
(5) If a plan submission QP or supervisor QP 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 these Regulations, he or she must, within 14 days after ceasing to carry out his or her duties, notify the following persons of that fact:| (a) | the Commissioner of Building Control; | | (b) | in the case of a plan submission QP appointed in relation to fixed installation works —| (i) | the developer of the fixed installation works; | | (ii) | the builder undertaking the fixed installations works; and | | (iii) | the fixed installation works contractor carrying out the fixed installation works; |
| | (c) | in the case of a supervisor QP appointed in relation to a fixed installation —| (i) | the owner of the fixed installation; and | | (ii) | the fixed installation works contractor appointed for the fixed installation. |
|
|
(6) A supervisor QP must not supervise a fixed installation works contractor’s examining, inspecting, testing and commissioning of any fixed installation if the supervisor QP, or any nominee of the supervisor QP, is a partner, director, officer or employee of —| (a) | the owner of the fixed installation; | | (b) | the developer of the fixed installation works concerned; | | (c) | the builder undertaking the fixed installation works concerned; | | (d) | the fixed installation works contractor; or | | (e) | an associate of a person mentioned in sub‑paragraph (a), (b), (c) or (d). |
|
| (7) If any plan submission QP contravenes paragraph (1)(a) or (d) or (2)(b), the plan submission QP shall be guilty of an offence under section 9(8) of the Act and shall be liable on conviction to punishment under that provision. |
| (8) If any specialist in the alternative solution mentioned in paragraph (2)(b)(ii) contravenes paragraph (3), the specialist shall be guilty of an offence under section 9(8A) of the Act and shall be liable on conviction to punishment under that provision. |
| (9) If any supervisor QP contravenes paragraph (4)(a), the supervisor QP shall be guilty of an offence under section 9(9) of the Act and shall be liable on conviction to punishment under that provision. |
(10) If —| (a) | any plan submission QP contravenes paragraph (1)(b); or | | (b) | any supervisor QP contravenes paragraph (4)(b), (c) or (d) or (6), |
| the plan submission QP or supervisor QP (as the case may be) shall be guilty of an offence under section 9(10) of the Act and shall be liable on conviction to punishment under that provision. |
|
| (11) If any plan submission QP or supervisor QP contravenes paragraph (5), the plan submission QP or supervisor QP (as the case may be) shall be guilty of an offence under section 9(11) of the Act and shall be liable on conviction to punishment under section 47 of the Act. |
| (12) It is a defence in any prosecution for a contravention of paragraph (1)(b) or (4)(d) for the person charged to prove to the satisfaction of the court that the person did not know and could not reasonably have discovered the contravention mentioned in the charge. |
|
| Duties of builders and fixed installation works contractors |
22.—(1) A builder undertaking any fixed installation works (whether or not the builder is also the fixed installation works contractor carrying out the fixed installation works) must —| (a) | notify the Commissioner of Building Control of any contravention of these Regulations relating to those fixed installation works of which the builder knows or ought reasonably to know; | | (b) | if no plan submission QP has been appointed by the developer in respect of those fixed installation works — appoint a plan submission QP for those fixed installation works; | | (c) | if no supervisor QP has been appointed by the owner in respect of the fixed installation — appoint a supervisor QP for the fixed installation; and | | (d) | if no fixed installation works contractor has been appointed by the developer in respect of those fixed installation works — appoint a fixed installation works contractor to carry out those fixed installation works. |
| (2) If a builder undertaking any fixed installation works becomes unwilling or unable, whether by reason of the termination of the builder’s appointment or for any other reason, to carry out the builder’s duties under paragraph (1), the builder must, within 14 days after ceasing to carry out the builder’s duties, notify the Commissioner of Building Control of that fact. |
(3) A fixed installation works contractor carrying out any fixed installation works must —| (a) | ensure that —| (i) | the fixed installation works are carried out in accordance with —| (A) | these Regulations (subject to regulation 45); | | (B) | the relevant plans approved by the Commissioner of Building Control and supplied to the fixed installation works contractor by a qualified person under regulation 21(1)(c); and | | (C) | any terms and conditions imposed by the Commissioner of Building Control in accordance with these Regulations (subject to regulation 45); and |
| | (ii) | if the fixed installation works relate to a lift — the safety components and lift model (if applicable) used in the fixed installation works correspond with the type testing certificates submitted with the relevant plans; |
| | (b) | notify the Commissioner of Building Control of any contravention of these Regulations relating to those fixed installation works of which the fixed installation works contractor knows or ought reasonably to know; | | (c) | within 7 days after the completion of the fixed installation works, certify that the new fixed installation has been installed or the fixed installation works have been carried out in accordance with the matters referred to in sub‑paragraph (a)(i)(A), (B) and (C) and submit that certificate to the Commissioner of Building Control; | | (d) | keep, at the premises on which fixed installation works are carried out, any plans of those fixed installation works approved by the Commissioner of Building Control and supplied to the fixed installation works contractor by a plan submission QP under regulation 21(1)(c); | | (e) | where no qualified person has been appointed by the developer, owner or builder in respect of those fixed installation works, appoint an appropriate plan submission QP and supervisor QP; | | (f) | have an adequate number of supervisors working under the fixed installation works contractor’s direction to assist the fixed installation works contractor to ensure that the duties under sub‑paragraphs (a) and (i) are complied with; | | (g) | for an application for approval of plans of fixed installation works under regulation 9, submit any type testing certificate (including any accompanying document) required in that application to the plan submission QP; | | (h) | ensure that each type testing certificate mentioned in sub‑paragraph (g) is valid, corresponds with the plans for the fixed installation works and is complete and complies with any other requirements that the Commissioner of Building Control may specify; and | | (i) | after the fixed installation is completed but before an application for a permit to operate the fixed installation —| (i) | examine, inspect, test and commission the fixed installation in accordance with regulation 29(2); and | | (ii) | ensure that the design, installation, operation and function of the fixed installation are in accordance with and complies with the requirements mentioned in regulation 21(4)(a)(ii). |
|
|
| (4) If a fixed installation works contractor carrying out any fixed installation works becomes unwilling or unable, whether by reason of the termination of the fixed installation works contractor’s appointment or for any other reason, to carry out the fixed installation works contractor’s duties under paragraph (3), the fixed installation works contractor must, within 14 days after ceasing to carry out the fixed installation works contractor’s duties, notify the Commissioner of Building Control of that fact. |
| (5) A notification mentioned in paragraph (4) must be accompanied by a summary report describing the fixed installation works completed by the fixed installation works contractor and his or her certificate of completion in such form as the Commissioner of Building Control may require. |
| (6) If any builder contravenes paragraph (1)(a) or fixed installation works contractor contravenes paragraph (3)(b) or (d), he or she shall be guilty of an offence under section 11(7) of the Act and shall be liable on conviction to punishment under that provision. |
| (7) Any fixed installation works contractor who contravenes paragraph (3)(a) shall be guilty of an offence under section 11(6) of the Act and shall be liable on conviction to punishment under that provision. |
| (8) It is a defence in any prosecution for a contravention of paragraph (1)(a) or (3)(b) for the builder or fixed installation works contractor (as the case may be) to prove to the satisfaction of the court that the builder or fixed installation works contractor did not know and could not reasonably have discovered the contravention or non‑compliance mentioned in the charge. |
(9) If —| (a) | any builder, without reasonable excuse, contravenes paragraph (1)(b), (c) or (d) or (2); or | | (b) | any fixed installation works contractor, without reasonable excuse, contravenes paragraph (3)(c), (e), (f), (g), (h) or (i) or (4), |
| the builder or fixed installation works contractor (as the case may be) shall be guilty of an offence under section 11(9) of the Act and shall be liable on conviction to punishment under section 47 of the Act. |
|
| (10) To avoid doubt, a fixed installation works contractor carrying out any fixed installation works is responsible for complying with paragraph (3)(a), despite the fixed installation works contractor entering into a contract or an arrangement with a sub‑contractor to execute the whole or any part of those fixed installation works. |
|
23.—(1) If any fixed installation works contractor appointed under regulation 20 intends to carry out any fixed installation works, the fixed installation works contractor must, before commencing the fixed installation works, put in place adequate barriers and barricades with warning signs in the vicinity of the fixed installation works.| (2) On completion of the fixed installation works, the fixed installation works contractor must remove or cause to be removed all barriers and barricades put in place for the fixed installation works, to the satisfaction of the Commissioner of Building Control. |
|
| Division 5 — Enforcement and administration |
| Offences relating to fixed installation works |
24.—(1) Any person who commences or carries out, or permits or authorises the commencement or carrying out of any fixed installation works for which —| (a) | the plans of which have not been approved by the Commissioner of Building Control under regulation 11 or 14; or | | (b) | if the fixed installation works relate to a lift (except a stairlift or vertical platform lift) — no type testing certificate (and accompanying documents) for the lift model of the lift or any safety component in that lift, has been submitted, |
| shall be guilty of an offence under section 20(1) of the Act and shall be liable on conviction to punishment under that provision. |
| (2) Any person who contravenes any term or condition of an approval of plans of any fixed installation works under regulation 11 or 14 shall be guilty of an offence under section 20(2) of the Act and shall be liable on conviction to punishment under that provision. |
(3) Any person directly concerned with the fixed installation works who, in carrying out the fixed installation works —| (a) | deviates, or permits or authorises the fixed installation works to deviate, in any material way from any plans of the fixed installation works approved by the Commissioner of Building Control under these Regulations; or | | (b) | if the fixed installation works relate to a lift (except a stairlift or vertical platform lift) — uses, or permits or authorises the use of, any lift model or safety component (if applicable) that does not correspond with any type testing certificate submitted with the plans, |
| shall be guilty of an offence under section 20(3) of the Act and shall be liable on conviction to punishment under that provision. |
|
(4) In proceedings for an offence under paragraph (3) — | (a) | it is not necessary for the prosecution to prove that an accused knew that the fixed installation works concerned —| (i) | deviate in any material way from any plans of the fixed installation works approved by the Commissioner of Building Control under this Part; or | | (ii) | if the fixed installation works relate to a lift (except a stairlift or vertical platform lift) — involved any lift model or safety component (if applicable) that does not correspond with any type testing certificate submitted with the plans; but |
| | (b) | it is a defence to the charge for the accused to prove, on a balance of probabilities, that the accused did not know and could not reasonably have known about the plans of those fixed installation works approved by the Commissioner of Building Control under this Part. |
|
|
| 25. Any person who contravenes regulation 7, 22(5) or 23(1) or (2) shall be guilty of an offence under regulation 50 of the Building Control Regulations 2003 and shall be liable on conviction to the penalty under that regulation. |
| Demolition, etc., of unauthorised fixed installation works |
26.—(1) If, in the opinion of the Commissioner of Building Control, any fixed installation has been installed, or any fixed installation works are or have been carried out, in contravention of these Regulations, the Commissioner of Building Control may by written order require —| (a) | the cessation of the fixed installation works until the order is withdrawn; | | (b) | the demolition of the fixed installation; or | | (c) | any work or alteration to the fixed installation or fixed installation works to be carried out that may be necessary to cause the same to comply with the provisions of these Regulations or otherwise to put an end to the contravention thereof. |
(2) An order made under paragraph (1) must specify all or any of the following:| (a) | the manner in which the demolition, work or alteration specified in the order is to be carried out; | | (b) | the time within which the demolition, work or alteration must commence; | | (c) | the time within which the demolition, work or alteration must be completed; | | (d) | that the demolition, work or alteration must be carried out with due diligence to the satisfaction of the Commissioner of Building Control, and at the cost of the person on whom the order is served under paragraph (3). |
|
(3) An order made under paragraph (1) must be served —| (a) | if a fixed installation has been installed — on the owner of the fixed installation; and | | (b) | if fixed installation works are being carried out — on the developer of the fixed installation works or builder undertaking the fixed installation works. |
|
(4) If an order made under paragraph (1) is not complied with, the Commissioner of Building Control may —| (a) | demolish, remove or alter, or cause to be demolished, removed or altered, any fixed installation or fixed installation works or take any other steps that appear to the Commissioner of Building Control to be necessary; and | | (b) | recover all expenses reasonably incurred by the Commissioner of Building Control in the exercise of his or her powers under this regulation from the person in default. |
|
| (5) Without affecting the right of the Commissioner of Building Control to exercise his or her powers under paragraph (4), if any person on whom an order made under paragraph (1) is served fails to comply with the order, that person shall be guilty of an offence under section 19(5) of the Act and shall be liable on conviction to punishment under that provision. |
| (6) The Commissioner of Building Control may seize any materials resulting from the carrying out of any work under paragraph (4). |
|
Division 6 — Requirements for certain major alteration or replacement works |
| Notification for certain major alteration or replacement works, etc. |
27.—(1) An owner of a fixed installation must ensure that no fixed installation works specified in the third column of the First Schedule are carried out on the fixed installation unless the owner has notified the Commissioner of Building Control in writing of the intended works.| (2) A person must not carry out any of those fixed installation works on a fixed installation unless the person is a fixed installation works contractor. |
| (3) Any person who contravenes paragraph (1) or (2) 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 12 months or to both. |
|
|