BUILDING ACT 2004 - SECT 46 Safety precaution directions

BUILDING ACT 2004 - SECT 46

    (1)     This section applies if—

        (a)     building work for which a building approval has been issued is being carried out at or near a street or place that is open to or used by the public; and

        (b)     a building inspector or certifier finds, on inspection, that inadequate safety precautions in relation to the building work are being taken to protect the safety of people using the street or place.

Examples

1     George is building a swimming pool on his property, but the property is not yet fenced and is open to the street.

2     Building work is being done on an area of the ground floor of a building in Civic to which the public have access.

    (2)     The building inspector or certifier may, in writing, give the building licensee in charge of the building work directions about the safety precautions that the inspector or certifier believes on reasonable grounds are necessary to protect the safety of people using the street or place.

    (3)     Subsection (2) applies—

        (a)     whether or not safety precautions were submitted to the certifier who issued the building approval; and

        (b)     if safety precautions were submitted—whether or not those precautions are being complied with.

    (4)     The building licensee in charge of the building work must comply with a direction under subsection (2).