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Building Control (Amendment) Bill

Bill No. 17/2003

Read the first time on 14th August 2003.

An Act to amend the Building Control Act (Chapter 29 of the 1999 Revised Edition) and to make related amendments to the Architects Act (Chapter 12 of the 2000 Revised Edition) and the Professional Engineers Act (Chapter 253 of the 1992 Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

Short title and commencement

1. This Act may be cited as the Building Control (Amendment) Act 2003 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 2

2. Section 2(1) of the Building Control Act (referred to in this Act as the principal Act) is amended —

(a)

by inserting, immediately after the words “section 16” in the definition of “accredited checker”, the words “, whether acting on his own behalf or on behalf of an accredited checking organisation”;

(b)

by inserting, immediately after the definition of “air-conditioning unit”, the following definition:

“ “amendment plans” means the plans showing any deviation from, or any amendment or addition to, any plan of building works approved by the Commissioner of Building Control under section 6(2);”;

(c)

by inserting, immediately after the definition of “owner”, the following definition:

“ “plans”, in relation to any building works —

(a)	includes drawings, details, diagrams, structural details and calculations showing or relating to the building works; and
(b)	if prepared in electronic form, includes the medium in which the plans of building works have been stored;”; and

(d)

by inserting, immediately after the definition of “site supervisor”, the following definition:

“ “structural works” means works in relation to the structural elements of the building works;”.

Amendment of section 5

3. Section 5 of the principal Act is amended —

(a)

by deleting paragraphs (a) and (b) of subsection (1) and substituting the following paragraphs:

“(a)	the plans of the building works have been approved by the Commissioner of Building Control under section 6; and
(b)	in the case of structural works, there is in force a permit granted by the Commissioner of Building Control under section 7 to carry out the structural works.”;

(b)

by deleting subsection (2); and

(c)

by deleting “$50,000” in subsection (3) and substituting “$100,000”.

Amendment of section 6

4. Section 6 of the principal Act is amended —

(a)

by deleting subsection (3) and substituting the following subsections:

“(3) Subject to the provisions of this Act, every person for whom any relevant building works are or are to be carried out, or the builder of such building works, shall, before an application is made under subsection (1), appoint —

(a)	an appropriate qualified person to prepare the plans of the building works in accordance with the building regulations; and
(b)	the same or another appropriate qualified person to supervise the building works as required under section 8.

(3A) No qualified person shall supervise any structural works in respect of which a certificate by an accredited checker is required under subsection (1)(c) if he, or any nominee of his, is a partner, an officer or an employee of —

(a)	the builder of the building works; or
(b)	any associate of the builder of the building works.”;

(b)

by deleting the words “the latter plans and, unless otherwise prescribed, by a certificate of an accredited checker in respect of such of the latter plans” in subsection (8) and substituting the words “the amendment plans prepared by the appropriate qualified person appointed under subsection (3)(a) and, unless otherwise prescribed, by a certificate of an accredited checker in respect of such plans”; and

(c)

by inserting, immediately after subsection (11), the following subsections:

“(12) In subsection (3A), “associate”, in relation to a builder, means —

(a)	any body corporate of which the builder is a director, secretary or other officer;
(b)	any company in which the builder is a substantial shareholder as defined in section 81 of the Companies Act (Cap. 50);
(c)	any beneficiary under a trust or an object of a discretionary trust of which the builder is a trustee;
(d)	any party to a partnership to which the builder is also a party; or
(e)	any employer or employee of the builder.

(13) Any qualified person who contravenes subsection (3A) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.”.

Amendment of section 7

5. Section 7 of the principal Act is amended —

(a)

by deleting the words “building works” in the 1st line of subsection (1) and substituting the words “structural works”;

(b)

by inserting, immediately after the words “qualified person” in the 3rd line of subsection (1), the words “appointed under section 6(3)(b) to supervise the building works”;

(c)

by deleting the words “section 6(3)” in subsection (1)(b) and substituting the words “section 6(3)(b)”;

(d)

by deleting paragraph (c) of subsection (1) and substituting the following paragraph:

“(c)

where appropriate —

(i)	a notification of the appointment of a site supervisor in respect of the structural works signed by the qualified person appointed under section 6(3)(b); and
(ii)	a confirmation of the appointment signed by the site supervisor;”;

(e)

by deleting the words “building works” in the 1st and 2nd lines of subsection (1)(d) and substituting the words “structural works”;

(f)

by deleting the words “building works” wherever they appear in subsections (2) and (3) and substituting in each case the words “structural works”;

(g)

by deleting the words “building works” in the 2nd line of subsection (4) and substituting the words “structural works”;

(h)

by deleting paragraph (b) of subsection (4) and substituting the following paragraph:

“(b)	the qualified person appointed under section 6(3)(b) to supervise the building works; or”; and

(i)

by deleting the words “building works” in the section heading and substituting the words “structural works”.

New section 7A

6. The principal Act is amended by inserting, immediately after section 7, the following section:

“Power to order stoppage of building works

7A.—(1) If the Commissioner of Building Control is of the opinion that any building works, other than structural works, have been or are being carried out in such a manner as —

(a)	will cause, or will be likely to cause, a risk of injury to any person or damage to any property;
(b)	will cause, or will be likely to cause, a total or partial collapse of any adjoining or other building or street or natural, formed or man-made land; or
(c)	will render, or will be likely to render, any adjoining or other building or street or natural, formed or man-made land so dangerous that it will collapse or be likely to collapse either totally or partially,

he may, by order, direct the person for whom those building works have been or are being carried out —

(i)	to immediately stop the building works; and
(ii)	to take such remedial or other measures as he may specify to prevent the situations referred to in paragraphs (a), (b) and (c) from happening.

(2) Any person who fails to comply with any order made by the Commissioner of Building Control under subsection (1)(i) or (ii) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day during which the offence continues after conviction.”.

Amendment of section 8

7. Section 8(2) of the principal Act is amended by deleting “$50,000” and substituting “$100,000”.

Amendment of section 9

8. Section 9 of the principal Act is amended —

(a)

by inserting, immediately after the words “carried out” in subsection (1)(b), the words “, or the builder,”;

(b)

by inserting, immediately after the words “carried out” in subsection (2), the words “, or the builder,”;

(c)

by deleting subsection (3) and substituting the following subsections:

“(3) Every qualified person appointed under section 6(3)(a) to prepare the plans of any building works shall —

(a)

take all reasonable steps and exercise due diligence to ensure that the building works are designed in accordance with —

(i)	the provisions of this Act; and
(ii)	subject to section 14, the requirements prescribed in the building regulations;

(b)

notify the Commissioner of Building Control of any contravention of the provisions of this Act or the building regulations in connection with those building works; and

(c)

supply to the site supervisor, the builder of the building works and the qualified person appointed under section 6(3)(b) to supervise building works a copy of every plan of those building works approved by the Commissioner of Building Control.

(3A) For the purpose of subsection (3)(a) —

(a)

the plans of any building works that are prepared in accordance with the acceptable solutions as set out in the Approved Document issued by the Commissioner of Building Control in respect of such building works shall be deemed to comply with the objectives and performance requirements that are prescribed by the building regulations in respect of such building works; and

(b)

where the qualified person appointed under section 6(3)(a) to prepare the plans of any building works intends to utilise any alternative solution (that is to say, a solution that entails the use of any design, material or construction method that differs completely or partially from those in the acceptable solution), he shall —

(i)	take all reasonable steps and exercise due diligence to ensure that the alternative solution satisfies the objectives and performance requirements that are prescribed by the building regulations in respect of such building works; or
(ii)	obtain the certification of another qualified person, being a specialist in the application of such an alternative solution, that the alternative solution satisfies the objectives and performance requirements that are prescribed by the building regulations in respect of such building works.

(3B) No qualified person shall issue any certification for the purposes of subsection (3A)(b)(ii) unless he has taken all reasonable steps and exercised due diligence to ensure that the alternative solution in respect of which his certification is being sought satisfies the objectives and performance requirements that are prescribed by the building regulations in respect of the building works for which the alternative solution is to be applied.

(3C) Every qualified person appointed under section 6(3)(b) to supervise the building works shall —

(a)

take all reasonable steps and exercise due diligence in supervising and inspecting the building works to ensure that the building works are being carried out in accordance with —

(i)	the provisions of this Act;
(ii)	subject to section 14, the building regulations;
(iii)	the relevant plans approved by the Commissioner of Building Control; and
(iv)	any terms and conditions imposed by the Commissioner of Building Control;

(b)

in the absence of a site supervisor, take all reasonable steps and exercise due diligence in giving immediate supervision to the carrying out of concreting, piling, pre-stressing, tightening of high-friction grip bolts or other critical structural works of any building works to which section 8(1)(c) applies to ensure that such critical structural works of the building works are being carried out in accordance with —

(i)	the provisions of this Act;
(ii)	subject to section 14, the building regulations;
(iii)	the plans approved in respect thereof by the Commissioner of Building Control; and
(iv)	any terms and conditions imposed by the Commissioner of Building Control;

(c)

notify the Commissioner of Building Control of any contravention of the provisions of this Act or the building regulations in connection with those building works;

(d)

keep and maintain at the premises on which building works are carried out such documents, books and records as may be prescribed in the building regulations;

(e)

submit to the Commissioner of Building Control at the prescribed times such reports and certificates as may be prescribed in the building regulations; and

(f)

notify the Commissioner of Building Control if the building works have been suspended for a period of more than 3 months.”.

(d)

by deleting the words “subsection (1)(b)” in subsection (4) and substituting the words “subsection (3C)(a) or (b)”;

(e)

by deleting the words “subsection (3)(a), (b), (c), (d) or (e)” in subsection (5) and substituting the words “subsection (3)(b) or (3C)(c), (d) or (e)”;

(f)

by deleting subsection (5A) and substituting the following subsection:

“(5A) Any person who contravenes or fails to comply with subsection (1)(b), (3)(a), (3A)(b)(i) or (ii) or (3B) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day during which the offence continues after conviction.”;

(g)

by deleting the words “subsection (3)(c)” in subsection (6) and substituting the words “subsection (3)(b) or (3C)(c)”;

(h)

by inserting, immediately after the words “carried out” in subsection (7), the words “or the builder”; and

(i)

by deleting the words “or (3)(f) or (g)” in subsection (7) and substituting the words “, (3)(c) or (3C)(f)”.

Amendment of section 10

9. Section 10 of the principal Act is amended —

(a)

by deleting the words “section 6(3) in respect of those building works” in subsection (1) and substituting the words “section 6(3)(b) to supervise the building works”;

(b)

by deleting the words “section 6(3) in respect of those building works” in subsection (2) and substituting the words “section 6(3)(b) to supervise the building works”;

(c)

by inserting, immediately after subsection (3), the following subsection:

“(3A) No site supervisor shall supervise any structural works in respect of which a certificate by an accredited checker is required under section 6(1)(c) if he, or any nominee of his, is a partner, an officer or an employee of —

(a)	the builder of the building works; or
(b)	any associate of the builder of the building works as defined in section 6(12).”;

(d)

by deleting the words “section 6(3) in respect of those building works” in subsection (4)(b) and substituting the words “section 6(3)(b) to supervise the building works”;

(e)

by deleting the words “section 9(3)(g)” in subsection (5) and substituting the words “section 9(3)(c)”; and

(f)

by inserting, immediately after subsection (5), the following subsection:

“(5A) Any site supervisor who contravenes subsection (3A) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.”.

Amendment of section 11

10. Section 11 of the principal Act is amended —

(a)	by deleting the words “section 9(3)(g)” in subsection (4)(a) and substituting the words “section 9(3)(c)”;
(b)	by deleting the words “section 9(3)(g)” in subsection (4)(c) and substituting the words “section 9(3)(c)”; and
(c)	by deleting “$50,000” in subsection (5) and substituting “$100,000”.

Amendment of section 22

11. Section 22 (1) of the principal Act is amended by deleting the words “building works” in paragraph (b) and substituting the words “structural works”.

New section 22G

12. Part IV of the principal Act is amended by inserting, immediately above section 23, the following section:

“Interpretation of this Part

22G. In this Part, “building” includes a building or any part thereof in respect of which building works are being carried out.”.

Amendment of section 23

13. Section 23 of the principal Act is amended by deleting subsection (1) and substituting the following subsections:

“(1) If it appears to the Commissioner of Building Control that a building is in such a condition, or is used to carry such loads, as to be or likely to be dangerous, the Commissioner of Building Control may exercise any of the following powers:

(a)

where danger arises or is likely to arise from the condition of the building, the Commissioner of Building Control may make an order requiring the owner thereof to do all or any of the following within such time as may be specified:

(i)	to carry out or cause to be carried out such inspection of the building as he may specify;
(ii)	to execute such building works as may be necessary to obviate the danger;
(iii)	to demolish the building or any part thereof, and remove any rubbish resulting from the demolition;

(b)

where danger arises or is likely to arise from overloading of the building, the Commissioner of Building Control may make an order requiring the owner thereof to restrict its use until the Commissioner of Building Control, being satisfied that any necessary building works have been executed, withdraws or modifies the restriction; and

(c)

where the Commissioner of Building Control is of the opinion that the building works that have been or are being carried out in respect of the building may have caused or is likely to cause the collapse of the building or any part thereof or any structural distress that is likely to lead to the instability of the building or any part thereof, he may —

(i)	engage a qualified person or a specialist to carry out such investigations and tests as may be necessary and to advise him on all matters relating to the safety of the building, the reasons for its collapse (if applicable) and the measures that should be taken to obviate any possible danger that might arise from the condition of the building; and
(ii)	make an order requiring the person for whom the building works have been or are being carried out to take such measures as may be specified by the Commissioner of Building Control (including, if necessary, the demolition of the building) to obviate the danger arising therefrom.

(1A) All expenses incurred by the Commissioner of Building Control under subsection (1)(c)(i) shall be borne by the person for whom the building works have been or are being carried out.”.

Amendment of section 33

14. Section 33(1) of the principal Act is amended by deleting the words “section 9 (3)(d)” in paragraph (d) and substituting the words “section 9 (3C)(d)”.

Amendment of section 49

15. Section 49 of the principal Act is amended —

(a)

by inserting, immediately after paragraph (c) of subsection (2), the following paragraph:

“(ca)

the establishing of objectives and performance requirements for the design and construction of buildings;”;

(b)

by deleting sub-paragraphs (iii) and (iv) of subsection (2)(e);

(c)

by deleting the words “open space about buildings and” in subsection (2)(e)(v);

(d)

by deleting paragraph (o) of subsection (2) and substituting the following paragraph:

“(o)	the time and manner of making, and the information and documents to be furnished in respect of, an application for a temporary occupation permit and a certificate of statutory completion;”; and

(e)

by inserting, immediately after subsection (2), the following subsection:

“(2A) Regulations made under this section may provide that —

(a)

any particular objective and performance requirement for the design and construction of any building shall be deemed to be complied with if the building is constructed with such specifications, materials, designs or methods of construction as may be specified by the Commissioner of Building Control; and

(b)

the Commissioner of Building Control may issue in such form as he thinks fit, and from time to time amend, one or more Approved Documents setting out the specifications, materials, designs or methods of construction which shall, without prejudice to any alternative means of achieving compliance, be deemed to comply with the relevant objective and performance requirement for the design and construction of buildings prescribed in those regulations.”.

Related amendments to other written laws

16. The provisions of the Acts specified in the first column of the Schedule are amended in the manner set out in the second column thereof.