s.2Interpretation
2
Section 2Part 1 — PRELIMINARY

Interpretation

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In this Law —
has the meaning assigned thereto in regulation 2 of the Development and Planning Regulations (2020 Revision);
means the first application for registration after 1st July, 2017, the date of commencement of the Builders Law, 2007 [Law 4 of 2007], an application for renewal or an application seeking re-categorisation;
means the Appeals Tribunal established under section 46 of the Development and Planning Law (2017 Revision);
means the Builders Board established by section 4;
means a business entity which —
constructs any building or structure where the highest occupied floor is three storeys or less, other than a medical facility; or
repairs or renovates any building of any size where such work does not affect the structural integrity of the building;
means an individual, partnership, company or joint venture that carries on business or proposes to lawfully carry on business, and includes a charitable organisation or other non-government organisation that undertakes the management or supervision of the construction process including the management or supervision of trades contractors;
means a place registered as a place of business for purposes of this Law or other place at which business is carried on;
means a person who possesses Caymanian status under section 2 of the Immigration (Transition) Law, 2018 [Law 33 of 2018] or any earlier law providing for the same or similar rights and includes a person who acquired that status under Part 5 of the Immigration (Transition) Law, 2018 [Law 33 of 2018];
means a business entity which builds roads, bridges, docks, utilities infrastructure and other similar constructions as the Board may under section 6(4) determine, and "civil engineering construction" shall be construed accordingly;
means the carrying out of any building, engineering or other operations in, on, over or under land, including renovations, but does not include —
the carrying out of agricultural or landscaping operations; or
the carrying out of work to one's own dwelling or its ancillary buildings or facilities by an individual or by the beneficial owner of a body corporate which owns the dwelling except in so far as such work forms part of a course of conduct that amounts to a trade or business; or
the carrying out of maintenance work.
means a business entity which performs the management or supervision of onsite construction and the directing of trades contractors whether or not they are paid by the business entity;
means a business entity, including a construction manager, referred to in section 6(4);
means days other than Saturdays, Sundays and public holidays;
includes a business entity that constructs, installs, alters, maintains and repairs any electrical system or installation, system component, equipment or appliance;
includes a business entity that constructs, installs, alters, maintains and repairs any elevator, escalator, dumbwaiter, moving walk, or material lift;
means a natural person appointed under section 24;
includes a business entity that constructs, installs, alters, maintains or repairs any fire protection system or any related system component, equipment or device;
includes a business entity that constructs, installs, alters, maintains or repairs any fuel gas system, piping system, appliance or equipment;
means a business entity which —
performs any type or description of construction, other than civil engineering construction, to construct any building where the highest occupied floor is less than seven storeys; or
repairs or renovates any building of any size where such work does not affect the structural integrity of the building;
means a business entity which performs any type or description of construction, other than civil engineering construction;
means a business entity formed by two or more business entities that is formed for the purpose of carrying out construction work;
means a person that supplies labour to another person to conduct work on a construction project;
means a licence issued under 13;
includes a business entity that constructs, installs, alters, maintains or repairs any mechanical system, system component, equipment or appliance;
means a business entity that carries on sub-trade work within one of the categories listed in section 6(4)(a) to (e) including roofing or pool construction or such other work as may be determined by the Board;
means acting as a contractor by a Caymanian for the purpose of building that person's home;
includes a business entity that constructs, installs, alters, maintains and repairs any plumbing and sanitary system, system component, equipment or device;
means an activity involving a construction which is carried out on a more or less continuous basis or simultaneously and complying with such criteria, if any, as the Board may determine and any project that has been broken down into smaller parts in order to defeat the spirit and purpose of this Law shall be deemed to be a project for the purpose of this definition;
means a person who is the professional representative of the owner of the project and who directs the design, cost or schedules of the project and selects or is a member of the team selecting the construction entity to build the project;
means —
for an individual, that person's business premises or last known place of business;
for a body corporate, the registered office or, in the case of a statutory corporation, its business premises; and
for an unincorporated body, its business premises;
means a person who possesses the necessary knowledge and skill to carry out work in a category;
means any means by which information may be stored and retrieved;
means the register established under section 4(8);
in relation to a business entity, means registered under section 6 to undertake work in relation to which the registration relates and includes temporary registration;
means a business entity which constructs, repairs, renovates, extends or improves any building comprising up to four dwelling units, not exceeding three storeys in height, and their ancillary buildings, and "residential construction" shall be construed accordingly;
means a business entity which —
constructs an ancillary or accessory structure not exceeding one storey in height;
constructs a fence and a retaining wall that is not over six feet in height, unless supporting a surcharge;
constructs decks, sidewalks and driveways and similar low horizontal structures;
installs building accessories; or
repairs or renovates buildings where such work does not affect the structural integrity of the building, not exceeding three thousand square feet in floor area per project;
has the meaning assigned thereto in regulation 2 of the Development Planning Regulations (2020 Revision); and
means specific elements of a trade performed by a business entity.
The expression "carry on business in the Islands", in relation to a company, includes carrying on business of a kind that requires registration under this Law by that company, either alone or as a joint venture, except —
carrying on, from a principal place of business in the Islands, business exterior to the Islands;
doing business in the Islands with any person, firm or corporation in furtherance only of the business of that company carried on exterior to the Islands;
effecting or concluding contracts in the Islands and exercising in the Islands all other powers, so far as may be necessary for the carrying on of the business of that company exterior to the Islands.
For the purposes of this Law, a company shall be deemed to be a wholly owned subsidiary of another company if the latter company enjoys the beneficial interest in all the shares of the former company through beneficial ownership or as beneficiary under a trust, express or implied, or through a nominee shareholder, to the exclusion of any other person, and control in the former company cannot, by means of any arrangement, artifice or device, be exercised either directly or indirectly by persons who are not Caymanians.
In the application of any provision in this Law in relation to a project or a construction, whether or not those expressions are used, regard shall be had to the definition of "project" or "construction" contained in this section.

Defined Terms

ancillary buildingapplicationAppeals TribunalBoardbuilding contractorbusiness entitybusiness premisesCaymaniancivil engineering contractorconstructionconstruction managercontractordayselectrical contractorelevator and conveyance contractorenforcement officerfire protection contractorfuel gas contractorgeneral contractorgeneral contractor - high risejoint venturelabour brokerlicencemechanical contractor(other specified) - contractorowner-contractingplumbing contractorprojectproject managerproper addressqualified personrecordregisterregisteredresidential contractorsmall works contractorstoreysub-trade

Cross References