"design" in relation to any structure includes drawings, calculations, design details and specifications;

"designer" means any of the following persons -

(a) A person who prepares a design;

(b) A person who checks and approves a design;

(c) a person who arranges for any person at work under his control (including an employee of his, where he is the employer) to prepare a design, as well as;

(d) an architect or engineer contributing to, or having overall responsibility for the design;

(e) building services engineer designing details for fixed plant;

(f) surveyor specifying articles or drawing up specifications;

(g) contractor carrying out design work as part of a design and build project;

(h) temporary works engineer designing formwork and false work; and

(i) interior designer, shop-fitter and landscape architect.

(2) The designer of a structure shall -

(a) before the contract is put out to tender, make available to the client all relevant information about the design of the relevant structure that may affect the pricing of the construction work;

(b) inform the contractor in writing of any known or anticipated dangers or hazards relating to the construction work, and make available all relevant information required for the safe execution of the work upon being designed or when the design is subsequently altered;

(c) subject to the provisions of paragraph (a) and (b) ensure that the following information is included in a report and made available to the contractor -

(i) a geo-science technical report where appropriate;

(ii) the loading the structure is designed to withstand; and

(iii) the methods and sequence of construction process.

(d) not include anything in the design of the structure necessitating the use of dangerous procedures or materials hazardous to the health and safety of persons, which could be avoided by modifying the design or by substituting materials;

(e) take into account the hazards relating to any subsequent maintenance of the relevant structure and should make provision in the design for that work to be performed to minimize the risk;

(f) carry out sufficient inspections at appropriate times of the construction work involving the design of the relevant structure in order to ensure compliance with the design and a record of those inspections is to be kept on site;

(g) stop any contractor from executing any construction work which is not in accordance with the relevant design;

(h) conduct a final inspection of the completed structure prior to its commissioning to render it safe for commissioning and issue a completion certificate to the contractor; and

(i) ensure that during commissioning, cognisance is taken of ergonomic design principles in order to minimize ergonomic related hazards in all phases of the life cycle of a structure.

(3) A contractor shall ensure that all drawings pertaining to the design of the relevant structure are kept on site and are available on request by an inspector, contractors, client, client's agent or employee.

(4) Any owner of a structure shall ensure that inspections of that structure upon completion are carried out periodically by competent persons in order to render the structure safe for continued use: Provided that the inspections are carried out at least once every six months for the first two years and thereafter yearly and records of such inspections are kept and made available to an inspector upon request.

(5) Any owner of a structure shall ensure that the structure upon completion is maintained in such a manner that the structure remains safe for continued use and such maintenance records shall be kept and made available to an inspector upon request.