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Completion of major energy-use change and submission of as‑built score

Building Control Act 1989

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Wrong or mistyped textWrong structure or numberingWrong title or detailsDuplicated content

Proposed text

—(1) The owner of a prescribed building must, not later than 3 years after the approval of the design score for a major energy‑use change to that building by the Commissioner of Building Control —(a)complete the major energy-use change in accordance with the design score approved by the Commissioner of Building Control, subject to any departure or deviation which complies with section 22FC; and(b)submit to the Commissioner of Building Control in the form and manner and within the time that may be prescribed —(i)the as-built score of the building assessed by the mechanical engineer appointed under section 22FB(1)(a) or, if that mechanical engineer has vacated his or her appointment, another mechanical engineer appointed under subsection (5), for approval by the Commissioner of Building Control;(ii)a declaration by the mechanical engineer who assessed the as‑built score certifying the correctness of the as‑built score; and(iii)any other documents that may be prescribed.(2) The Commissioner of Building Control may approve the as‑built score on the basis of a declaration by the mechanical engineer who assessed the score certifying the correctness of the as‑built score.(3) A mechanical engineer appointed to assess the as-built score in relation to a prescribed building must, within 7 days after the completion of the major energy‑use change —(a)assess the as-built score of the building in the manner prescribed; and(b)provide to the owner of the building —(i)the as-built score and the documents on which the as‑built score was assessed;(ii)a declaration as to whether the as‑built score meets the minimum environmental sustainability standard applicable to the building; (iii)any document certifying the completion of the major energy‑use change that the Commissioner of Building Control may specify; and(iv)any other documents that the Commissioner of Building Control may require.(4) If the owner of the prescribed building ceases to be the owner thereof before the submission of the as‑built score under subsection (1)(b), the owner must notify the Commissioner of Building Control of that fact not later than 7 days after the owner ceases to be the owner thereof.(5) If any mechanical engineer appointed under section 22FB(1)(a) in relation to a prescribed building vacates his or her appointment before the submission of the as‑built score under subsection (1)(b) for that building, the owner of the building must —(a)appoint another mechanical engineer to assess the as‑built score; and(b)within 7 days thereafter, notify the Commissioner of Building Control of that substitute appointment.(6) Any owner of a prescribed building who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.(7) Any owner of a prescribed building who, without reasonable excuse, contravenes subsection (4) or (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.(8) Any mechanical engineer who —(a)without reasonable excuse, contravenes subsection (3); or(b)provides any information or makes any statement in relation to the as‑built score, or in any other document required under subsection (3)(b), which the mechanical engineer knows or has reason to believe is false,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.

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