Building Control Act · s 48

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48.
Conditions of builder’s licence relating to construction personnel
(1) It shall be a condition of such class of builder’s licence as the
Authority may specify that the builder holding that licence shall —
(a) lodge with the Authority a manpower programme that satisfies the requirements in subsection (2) in respect of each significant general building work project to be undertaken in
Brunei Darussalam by the builder; and
(b) at all times when carrying on the general building works in connection with that significant general building work project, take all practicable steps to ensure that the registered construction personnel employed by or on the licensed builder’s behalf or engaged in connection with that significant general building work project comply

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with the manpower programme lodged under paragraph (a) in respect of that significant general building work project.
(2) A manpower programme in respect of any particular significant general building work project shall be a programme or scheme specifying all or any of the following —
(a) the number (which shall not be less than the number prescribed) of different classes of registered construction personnel to be employed by or on behalf of the licensed builder or to be engaged in connection with that significant general building work project;
(b) the proportion, which shall not be less than the proportion prescribed, of different classes of registered construction personnel to be employed by or on behalf of the licensed builder or to be engaged in connection with that significant general building work project.
(3) If there is any change in the number or proportion of registered construction personnel —
(a) specified in a manpower programme lodged by a licensed builder under subsection (1)(a) in respect of any particular significant building work project; or
(b) employed by or on behalf of the licensed builder or to be engaged in connection with that particular significant building work project, the licensed builder shall notify the Authority of the change within 7 days after that change.
(4) In this section, unless the context otherwise requires —
“construction foreman” means an individual who carries out, or undertakes to carry out, for or on behalf of another person for a fixed sum, percentage, or valuable consideration, wages or other reward, the supervision and co-ordination of construction tradesmen or other workman in any prescribed class of work connected with any building works, and a construction foreman shall be classified according to the class of work he so supervises for reward;

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“construction personnel” means an individual who is —
(a) a construction foreman of any class;
(b) a construction supervisor of any class; or
(c) a construction tradesman of any class;
“construction supervisor” means an individual, not being a builder, who oversees the execution or performance of building works for or on behalf of another person for a fixed sum, percentage, or valuable consideration, wages or other reward, but does not include a construction foreman or other person employed in a like or less responsible capacity;
“construction tradesman” means an individual, not being a builder, who carries out, or undertakes to carry out, for or on behalf of another person, for a fixed sum, percentage, or valuable consideration, wages or other reward, any prescribed class of work connected with any building works, and a construction tradesman shall be classified according to the class of work he so carries out for reward;
“engaged” means engaged under a contract of service or a contract for services;
“registered” means registered with the Authority;
“significant general building work project” means any building works the value of which is $10,000,000 or such other amount as the Minister may, by order published in the Gazette, specify in lieu thereof or more;
“take all practicable steps”, in relation to any result in any circumstances, means taking all steps to achieve the result that it is reasonably practicable to take in the circumstances; and for the avoidance of doubt, a person required by this section to take all practicable steps is required to take those steps only in respect of circumstances that the person knows or ought reasonably to know.

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s 48Conditions of builder’s licence relating to construction personnel

(1)

It shall be a condition of such class of builder’s licence as the

Authority may specify that the builder holding that licence shall —

(a)

lodge with the Authority a manpower programme that satisfies the requirements in subsection (2) in respect of each significant general building work project to be undertaken in

Brunei Darussalam by the builder; and

(b)

at all times when carrying on the general building works in connection with that significant general building work project, take all practicable steps to ensure that the registered construction personnel employed by or on the licensed builder’s behalf or engaged in connection with that significant general building work project comply

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with the manpower programme lodged under paragraph (a) in respect of that significant general building work project.

(2)

A manpower programme in respect of any particular significant general building work project shall be a programme or scheme specifying all or any of the following —

(a)

the number (which shall not be less than the number prescribed) of different classes of registered construction personnel to be employed by or on behalf of the licensed builder or to be engaged in connection with that significant general building work project;

(b)

the proportion, which shall not be less than the proportion prescribed, of different classes of registered construction personnel to be employed by or on behalf of the licensed builder or to be engaged in connection with that significant general building work project.

(3)

If there is any change in the number or proportion of registered construction personnel —

(a)

specified in a manpower programme lodged by a licensed builder under subsection (1)(a) in respect of any particular significant building work project; or

(b)

employed by or on behalf of the licensed builder or to be engaged in connection with that particular significant building work project, the licensed builder shall notify the Authority of the change within 7 days after that change.

(4)

In this section, unless the context otherwise requires —

“construction foreman” means an individual who carries out, or undertakes to carry out, for or on behalf of another person for a fixed sum, percentage, or valuable consideration, wages or other reward, the supervision and co-ordination of construction tradesmen or other workman in any prescribed class of work connected with any building works, and a construction foreman shall be classified according to the class of work he so supervises for reward;

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“construction personnel” means an individual who is —

(a)

a construction foreman of any class;

(b)

a construction supervisor of any class; or

(c)

a construction tradesman of any class;

“construction supervisor” means an individual, not being a builder, who oversees the execution or performance of building works for or on behalf of another person for a fixed sum, percentage, or valuable consideration, wages or other reward, but does not include a construction foreman or other person employed in a like or less responsible capacity;

“construction tradesman” means an individual, not being a builder, who carries out, or undertakes to carry out, for or on behalf of another person, for a fixed sum, percentage, or valuable consideration, wages or other reward, any prescribed class of work connected with any building works, and a construction tradesman shall be classified according to the class of work he so carries out for reward;

“engaged” means engaged under a contract of service or a contract for services;

“registered” means registered with the Authority;

“significant general building work project” means any building works the value of which is $10,000,000 or such other amount as the Minister may, by order published in the Gazette, specify in lieu thereof or more;

“take all practicable steps”, in relation to any result in any circumstances, means taking all steps to achieve the result that it is reasonably practicable to take in the circumstances; and for the avoidance of doubt, a person required by this section to take all practicable steps is required to take those steps only in respect of circumstances that the person knows or ought reasonably to know.