Building Amendment Act 1998

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Building Amendment Act 1998


1998 : 33


[Date of Assent 17 July 1998]

[Operative Date ]

WHEREAS it is expedient to amend the Building Act 1988 so as
to provide for Building Codes and to make other minor amendments;

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Short title and commencement
1 (1) This Act, which amends the Building Act 1988 ("the
principal Act") may be cited as the Building Amendment Act 1998.

(2) This Act shall come into operation on such date as the
Minister responsible for planning appoints by notice published in the

Amends section 2 of principal Act
2 (1) In section 2 of the principal Act (interpretation), the
following provisions are repealed—

(a) in subsection (1), the definition of "building operation",

(b) subsections (4) and (5).



(2) The following definitions shall be inserted in the appropriate
place in alphabetical order in section 2(1) of the principal Act—

" "building Code" or "Code" means a Code issued under
section 23A;"

" "building operation" includes—

(a) the erection of any building;

(b) the carrying out of any structural alteration or
extension of any building;

(c) the carrying out of any works whether of a
structural nature or otherwise for the purpose of
effecting a material change in the way any building
or premises or part thereof is used;

(d) the installation or renewal of—

(i) an electrical system;

(ii) a gas fuel system;

(iii) a plumbing, drainage or sewage disposal
system; or

(iv) a mechanical system;

(e) the carrying out of any works inside a building
which affects any fire protection measure;

(f) the excavation or quarrying of land;

(g) the demolition of any building—

(i) which is within twenty-five feet of a road; or

(ii) to which the public has access;

(h) the reconstruction of a building;

(i) the roofing over of an open space between walls or

(j) the conversion of a movable object into a building;

(k) the removal of a building from one site and its re-
erection elsewhere;"

" "material change", in relation to the use of a building,
means a change from one use group to another in
accordance with the building Codes;".



Inserts new sections 23, 23A and 23B in principal Act
3 Section 23 of the principal Act (regulations) is repealed and
replaced by the following sections—

23 (1) The Minister may make regulations prescribing anything
which may be or is to be prescribed under this Act and may, in
particular, make regulations which—

(a) specify the qualifications for persons submitting
plans for the purposes of this Act, and different
qualifications may be prescribed in respect of
different types of plans; and

(b) specify the qualifications for plumbers, electricians
or other skilled artisans connected with the building
trades or prescribe the standards to be met by those

(2) Regulations made under this section are subject to the
affirmative resolution procedure.

(3) A person who is guilty of an offence under the building
Regulations is liable on summary conviction to a fine of $5,000
or to imprisonment for six months or both.

Building Codes
23A (1) Subject to this Act, the Minister may for the purposes of
securing the health, safety, welfare and convenience of persons
in or about buildings and of others who may be affected by
buildings or matters connected with buildings issue building

(a) with respect to the design and construction of

(b) with respect to the provision of services, fittings and
equipment; and

(c) in connection with buildings generally,

and different Codes may be issued in relation to different types of

(2) Without limiting the generality of subsection (1), the
Codes may—

(a) provide for the giving of notices, the deposit of plans
of proposed work or work already executed



(including provision as to the number of copies to be
deposited), the retention by the Building Official of
copies of plans deposited with him in accordance
with the Regulations, the inspection and testing of
work and buildings;

(b) make provision concerning building permits,
prescribe the procedure and conditions respecting
application for building permits, and specify
conditions relating to the grant of any building
permit or class of building permit or conditions to be
attached thereto;

(c) prescribe the period of validity of a building permit
and provide for the renewal and transfer of a
building permit;

(d) make provision concerning building operations and
specify the requirements to be met by owners and
building contractors concerning any building
operation, any inspection or testing of buildings or
the maintenance and operation of any class of

(e) make provision concerning occupancy permits and
prescribe the procedure and conditions respecting
the application for and the issue of the permits; and

(f) provide for the proper disposal of waste products
discharged from any building.

(3) In preparing any building Codes under this section, the
Minister shall consult—

(a) such officers from the Departments of Works and
Engineering, Health and Fire Services as he
considers appropriate; and

(b) such persons representing the architectural,
construction, engineering and surveying professions
in Bermuda as he considers appropriate.

(4) Subject to subsection (5), the Minister shall inform the
public by means of a notice published in the Gazette and at least
one other newspaper in Bermuda at least three months in
advance of the date on which a building Code comes into effect,
and shall state in the notice whether the Code replaces or
amends any previous building Code.



(5) The Minister may waive or reduce the period of three
months mentioned in subsection (4) as he thinks fit where a
Code amends a previous Code—

(a) to correct a mistake, or

(b) in any circumstances where safety is an issue.

(6) Notwithstanding that a building Code has replaced or
amended a previous building Code ("the old Code") with effect
from a specified date, the old Code—

(a) shall continue to apply, or

(b) shall continue to apply without the amendments,

(as the case may be) to any building operation in respect of
which the application for a building permit was received by the
Building Official before that date (whether or not a permit has
been issued or work has commenced).

(7) Copies of building Codes issued from time to time under
this section shall be made available for inspection free of charge
at the office of the Building Official during normal working

(8) Building Codes issued under this section are not
statutory instruments and shall not be subject to the Statutory
Instruments Act 1977.

Enforcement of building Codes
23B (1) Where it appears to a building inspector that any person
carrying out a building operation has failed to comply with any
provision of the relevant building Code, he may by notice in
writing (a "field correction notice") to such person—

(a) specify the failure; and

(b) require the person within such reasonable time as
may be specified, or such further time as the
Building Official may allow, to comply with the
provision in question;

and he may also state in the notice what steps are necessary to
ensure such compliance.

(2) Where it appears to the Building Official that any person
carrying out a building operation has failed to comply with any
provision of the relevant building Code (whether or not a field
correction notice has been issued) and the Building Official



considers it necessary to exercise his powers under this
subsection, he may by notice in writing to such person—

(a) prohibit any continuation of the building operation
(such notice referred to as a "stop work notice"); or

(b) impose conditions on the continuation of the
building operation,

until such time as the provision in question has been complied

(3) In addition to the methods of service specified in section
27(1), a notice issued under this section may be served—

(a) by leaving it with any apparently responsible person at
the place where the building operations are being
conducted; or

(b) if no such person can be found, by affixing it, or a copy
of it, to some conspicuous part of the building or
structure in question.

(4) A person who fails to comply with a notice served under
this section commits an offence and shall be liable on summary

(a) to a fine of $5,000 or to imprisonment for six
months, or to both, and

(b) to a further fine of $500 for each day on which the
offence continues."

Consequential amendments
4 (1) In sections 6, 10(1) and 10(2) of the principal Act, for the
word "Regulations" there shall be substituted "Codes".

(2) In sections 3(1), 4, 7(1) (first place) and 11(4) of the
principal Act, after the word "Regulations" there shall be inserted "and

(3) In sections 5(3), 7(1) (second place), 7(1)(b), 7(2)(b), 7(7),
7(10), 8, 9(1) (three places), 11 (heading), 11(1) (both places), 11(3), 12(1),
12(3), 24(1), 24(2)(a), 24(2)(b) (two places), 25(1)(a), (b), (c) and (d), 25(2),
26, 27(1), and 27(2) of the principal Act, after the word "Regulations"
there shall be inserted "or Codes".

(4) In section 12(4) of the principal Act, for the words
"Regulations of this Act" there shall be substituted "Regulations or



(5) In section 62(10) of the Development and Planning Act 1974
(enforcement of planning control), after the words "Regulations" there
shall be inserted "or building Codes".

Transitional provision and repeal
5 (1) Notwithstanding the repeal of section 23 of the principal Act
by section 3 above, the Building Code Regulations 1991 shall continue in
force until superseded by building Codes issued under section 23A of
that Act; and section 23A(6) (superseded building Codes to apply to pre-
commencement applications) shall apply in the case of the Building Code
Regulations 1991 as if they were a building Code issued under section

(2) The Building Amendment Act 1997 is repealed.