Section 7 — Supervision of building works

(1)Except as otherwise provided in this Act or the building regulations —

(a)all building works must be carried out under the supervision of an appropriate qualified person;

(b)the structural elements of all such building works as are prescribed in the building regulations (called in this Act large building works) must be carried out under the full‑time supervision of a site supervisor, or a team of site supervisors, working under an appropriate qualified person’s control and direction; and

(c)concreting, piling, pre-stressing, tightening of high-friction grip bolts, the construction of earth retaining and stabilising structures, or other critical structural works of all such building works as are prescribed in the building regulations (called in this Act small-scale building works) must be carried out under the immediate supervision of —

(i)an appropriate qualified person; or

(ii)a site supervisor, or a team of site supervisors, working under an appropriate qualified person’s control and direction.[47/2007; 22/2012]

(2)Except as otherwise provided in this Act or the building regulations, a person must not commence or carry out the geotechnical aspects of any geotechnical building works except —

(a)under the supervision of the qualified person appointed under section 8(1)(d)(ii) or 11(1)(d)(ii) or (iii)(B); or

(b)under the full-time supervision of a site supervisor or a team of site supervisors appointed under section 10 by the qualified person in paragraph (a) and working under his or her control and direction.[47/2007; 22/2012]

(3)Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction —

(a)to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years 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 contravention continues, and if the contravention continues after the conviction, the person 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. [47/2007]