Cap 123 s 30E Appointment and duties of qualified persons (Buildings Ordinance)

Contents of Section

Chapter:	123	Title:	Buildings Ordinance	Gazette Number:	E.R. 2 of 2012
Section:	30E	Heading:	Appointment and duties of qualified persons	Version Date:	02/08/2012

(1) Any person for whom a prescribed inspection or prescribed repair in respect of a window in a building is to be carried out must appoint—

(a) a qualified person to carry out the prescribed inspection; and

(b) a qualified person to supervise the prescribed repair.

(2) The qualified person appointed under subsection (1)(b) may be the same qualified person appointed under subsection (1)(a).
(3) If a qualified person appointed under subsection (1)(a) is a natural person, the qualified person must—

(a) carry out the prescribed inspection personally; and

(b) comply generally with this Ordinance.

(4) If a qualified person appointed under subsection (1)(a) is not a natural person, a representative of the qualified person as prescribed in the regulations must—

(a) carry out the prescribed inspection personally; and

(b) comply generally with this Ordinance.

(5) A qualified person appointed under subsection (1)(b) must—

(a) provide proper supervision of the carrying out of the prescribed repair;

(b) ensure the repair materials to be used—

(i) are not defective and comply with this Ordinance; and

(ii) have been mixed, prepared, applied, used, erected, constructed, placed or fixed in the manner required for such materials under this Ordinance;

(c) ensure the window, for which the qualified person is appointed to supervise the prescribed repair, is safe or has been rendered safe; and

(d) comply generally with this Ordinance.

(6) If a qualified person appointed under subsection (1)(a) or (b) is a registered general building contractor or registered minor works contractor, the qualified person may also act as a contractor to carry out the prescribed repair.
(7) A qualified person appointed under subsection (1)(a) or (b) must notify the Building Authority of any case of emergency that is revealed during the course of the prescribed inspection or supervision of the prescribed repair (as the case requires).
(8) If a qualified person appointed under subsection (1)(a) or (b) becomes unwilling to act or unable, whether by reason of termination of appointment or for any other reason, to act, the person for whom the prescribed inspection or prescribed repair is to be, or is being, carried out must appoint another qualified person to act instead of the original qualified person.
(9) A qualified person appointed under subsection (1)(a) or (b) is not allowed to nominate another qualified person to act in his or her stead even though he or she is temporarily unable to act by reason of illness or absence from Hong Kong.

(Added 16 of 2011 s. 20)