Building Control Act · 2023 Revised Edition · Part · Dangerous Buildings and Occurrences
37. Investigations into dangerous occurrences
Official textFrom Attorney General's Chambers, unchanged
Where the Authority becomes aware of any dangerous occurrence in any premises at which building works are carried out or in any other premises, the Authority may direct any person authorised on its behalf to investigate the circumstances of the dangerous occurrence.
Authority
“Authority”, in relation to this Act or any Part or provision of this Act or regulations made thereunder, means any Authority appointed under section 3(1) to be responsible for the administration of this Act or that Part or provision or regulations made thereunder, as the case may be;
No person shall, without the prior approval of the Authority —
alter, replace, remove or add to any building element, machinery, equipment, plant or article at any premises in respect of which the Authority has made any direction under subsection (1); or
modify any premises in respect of which the Authority has made any direction under subsection (1).
Any person who contravenes subsection (2) is guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding one year or both.
Nothing in subsection (2) shall operate to interfere with rescue work or work necessary for the general safety of life and property.
In this section, “dangerous occurrence” means —
the collapse or structural failure of any building
(completed or otherwise); or
Building Control
any structural distress that is likely to lead to the instability of any building (completed or otherwise), whether or not the collapse, structural failure or structural distress results in any death, bodily injury or injury to health.
Terms defined in s 2
Authority
Defined · s 2“Authority”, in relation to this Act or any Part or provision of this Act or regulations made thereunder, means any Authority appointed under section 3(1) to be responsible for the administration of this Act or that Part or provision or regulations made thereunder, as the case may be;
building
Defined · s 2“building” means any permanent or temporary building or structure and includes — (a) a hut, shed or roofed enclosure; (b) a kiosk or stall, movable or otherwise; (c) an earth retaining or stabilising structure, whether permanent or temporary; (d) a dock, wharf or jetty; (e) a floating structure, not being a boat or vessel, constructed or to be constructed on a flotation system that — (i) is or is to be supported by water; (ii) is not intended for or useable in navigation; and (iii) is or is to be permanently moored; (f) a culvert, crossing, access road, bridge, underpass or tunnel; (g) a sewage treatment plant, sewer, drain, swimming pool or any non-proprietary type of concrete tank for the storage of any solid, liquid or gaseous product; and (h) such other erection or structure (whether permanent or temporary) as the Minister may, by order published in the Gazette, declare to be a building;
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; (d) site formation works (which includes earthworks such as any act of excavation, levelling, cutting and filling with any material, piling, the construction of foundations, or site clearance, on any land, or any other act of dealing with or disturbing any land) which may or may not be connected with or carried out for the purpose of paragraph (a), (b) or (c); and (e) structural works.
premises
Defined · s 2“premises” includes buildings, lands, easements and hereditaments of any tenure;
Part
Inspection of Buildings
Part
Licensing of Builders
Part