34Non-interference with essential services

34 Non-interference with essential services

(1)  In this regulation –

place includes affix, assemble, display, erect, hang and leave.

(2)  The occupier of a prescribed building must not place in it –

(a) any machine, equipment or article; or

(b) any material or substance –

that, by its nature, quantity, location, use or method of operation, could reasonably be expected to prevent or interfere with the effective operation of any essential service in the prescribed building.

Penalty:  Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence continues.

(3)  In any proceedings for an offence under subregulation (2) , it is a defence if the defendant establishes that, at the relevant time –

(a) lawful building works were being done in the prescribed building; and

(b) those works were being done as quickly as practicable; and

(c) the placement in the prescribed building of the relevant machine, equipment or article, or relevant material or substance, was an unavoidable consequence of those works or had been approved by a building surveyor for the purposes of those works.