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Building Control Act · s 42

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s 42Interpretation

(1)

In this Part, unless the context otherwise requires —

“building works” means any building works to which Part 2

applies;

“minor specialist building works” means —

(a)

specialist building works associated with minor building works;

(b)

structural steelwork comprising fabrication and erection work for structures with a cantilever length of not more than 3 metres, a clear span of less than 6 metres and a plan area not exceeding 150 square metres;

(c)

pre-cast concrete work comprising casting of pre-cast reinforced concrete slabs or planks on site;

(d)

such other specialist building works as the Minister may, by notification published in the Gazette, declare to be minor specialist building works;

“prescribed” means prescribed in any regulations made under section 52.

(2)

In this Part —

(a)

a person carries on the business of a builder if the person carries out, or undertakes to carry out, (whether exclusively or in conjunction with any other business) general building works for or on behalf of another person for a fixed sum, percentage, or valuable consideration, or reward other than wages, but not if the person carries out, or undertakes to carry out, general building works only as a sub-contractor;

(b)

a person carries on the business of a builder if the person carries out, or undertakes to carry out, (whether exclusively or in conjunction with any other business) any specialist building works for or on behalf of another person for a fixed sum, percentage, or valuable consideration or reward other than wages;

Building Control

(c)

a person carries out general building works or specialist building works whether that person carries it out personally, or directly or indirectly causes it to be carried out;

(d)

a person is deemed to carry on the business of a builder if he carries out general building works or specialist building works, as the case may be, on or in respect of a building for himself; and

(e)

a person undertakes to carry out general building works or specialist building works if that person enters into a contract to carry it out or submits a tender or makes an offer to carry it out.

(3)

For the avoidance of doubt, nothing in this Part shall prohibit or prevent —

(a)

any person not licensed under this Part from carrying out any building works to which Part 2 does not apply;

(b)

any site supervisor or team of site supervisors appointed under section 14(1) from carrying on any activity solely for the purpose of that section; or

(c)

a qualified person, or any person under the direction or supervision of such a qualified person, from carrying on any activity within the practice of architecture or professional engineering which the qualified person is authorised to carry on under any written law other than this Act.