S.L. 552.9 Art. 9Obligation on owner and site manager.

(1) The owner shall have the obligation to appoint a site manager who shall be responsible, on behalf of the owner, to ensure that the construction site and its construction activities are in conformity with all the provisions of these regulations.

(2) The owner shall submit to the Authority together with the commencement notice in the first instance and subsequently in writing for any change of site manager:

(a) the name of the site manager

(b) the site manager’s a legally valid identification document number; and,

(c) a declaration of acceptance duly signed by the site manager that he has undertaken to accept this role and that he has read and understood the provisions of these regulations.

(3) For the purposes of these regulations, the site manager shall not be entitled to assume any of the responsibilities associated with the profession of a perit as defined in the Periti Act, unless the appointed site manager is a perit.

(4) The Minister may, from time to time, make specific regulations to create a Register of Site Managers, to stipulate their qualifications, Code of Conduct and programme of continuous development.

(5) In the absence of a nomination for the appointment of a site manager, the owner will be deemed to be the site ipso facto manager for the purpose of these regulations.

(6) If the owner has changed because the construction site is sold, or for any other reason, when construction works are still to be carried out or are being carried out the original owner has the duty to inform the Authority by completing Notice Form - Change of Owner/Site Manager, in Schedule VIII, which form can be obtained from the Ministry or its designated entity or downloaded from the Ministry’s website or that of its designated entity, and sending it by registered mail to the Authority or handing it in person to the Authority within one month of the transfer of ownership of the property. The same form should be duly signed by the new owner as a declaration of acceptance of his responsibilities as the new owner in terms of these regulations. Until such notice form is received by the Authority the original owner would be held responsible for any contravention to these regulations.

(7) If during the period of construction, the site manager changes for whatsoever reason, he shall be obliged to inform the Authority in writing. Until such notice is received by the Authority, he would still be assumed to be the nominated site manager for the construction site.

(8) The site manager shall be responsible, on behalf of the owner, for ensuring that any permits, certifications, authorisations or any such approvals required for any portion of the construction works as required by the provisions of these Regulations are in place and that any temporary structures used to implement the provisions of these regulations to be duly certified for their soundness.