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Building Control (Amendment) Bill

Bill No. 32/2004

Read the first time on 20th July 2004.

An Act to amend the Building Control Act (Chapter 29 of the 1999 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 2004 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 deleting the definition of “air-conditioning unit”;

(b)

by inserting, immediately after the definition of “competent authority”, the following definitions:

“ “exterior feature”, in relation to any building, means any of the following features that is permanent and is installed on, forms part of or projects outwards from the roof or exterior of the building:

(a)	any air-conditioning unit, including any window air-conditioning unit and any condensing equipment of an air-conditioning unit;
(b)	any window, with or without movable parts;
(c)	any grille or shutter, with or without movable parts;
(d)	any tile, cladding, curtain wall, siding, plaster, bracket or cornice;
(e)	any gutter, rainwater down-pipe, or part of the roof;
(f)	any awning or sun-shading device;
(g)	such other feature that is permanent and is installed on, forms part of or projects outwards from the roof or exterior of any building as the Minister may, by notification in the Gazette, declare to be an exterior feature for the purposes of this Act;

“flat” has the same meaning as in the Land Titles (Strata) Act (Cap. 158);”;

(c)

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

“ “person responsible”, in relation to an exterior feature of a building, means —

(a)

the owner of the premises or building which the exterior feature is installed on, forms part of or projects outwards from, except as otherwise provided by paragraph (b), (c), (d) or (e);

(b)

where the exterior feature (other than any window, grille or shutter) is part of the common property of any housing estate of the Housing and Development Board, either that Board or the Town Council established under the Town Councils Act (Cap. 329A) for that housing estate, as the Minister shall designate for that exterior feature;

(c)

where the exterior feature (other than any window, grille or shutter) is part of the common property of any other land (whether or not comprised in a strata title plan) not referred to in paragraph (b), the person who has charge of the maintenance of such common property, unless otherwise provided by paragraph (e);

(d)

where the exterior feature is a window, grille or shutter —

(i)	if the window, grille or shutter is part of a flat in any housing estate of the Housing and Development Board (whether or not it is common property), the owner of that flat as defined in the Housing and Development Act (Cap. 129);
(ii)	if the window, grille or shutter is part of any flat other than a flat under sub-paragraph (i) (whether or not it is common property), the owner of that flat; and
(iii)	in any other case, such person who ordinarily has daily charge or control over the maintenance and use of such window, grille or shutter; or

(e)

such other person as may be prescribed under section 22C as the person responsible for the exterior feature;”;

(d)

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

“ “retrofit”, in relation to an exterior feature, means to modify or re-install the exterior feature as if installing the exterior feature for the first time;”;

(e)

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

“ “structural elements” means those parts or elements of a building which resist forces and moments, and includes foundations, beams, columns, shear cores, slabs, roof trusses, staircases, load bearing walls and all other elements designed to resist forces and moments but does not include doors, windows and non-load bearing walls;”; and

(f)

by deleting the definition of “trained worker”.

Amendment of section 4

3. Section 4 of the principal Act is amended by deleting paragraph (c) and substituting the following paragraph:

“(c)	any retrofitting of exterior features referred to in Part III.”.

Amendment of section 9

4. Section 9(1) of the principal Act is amended by inserting, immediately after the words “those building works” in paragraph (b), the words “and this other qualified person shall be deemed to be appointed under section 6(3)”.

Amendment of section 20

5. Section 20 of the principal Act is amended by inserting, immediately after subsection (2), the following subsections:

“(3) Any person who is aggrieved by a decision of the Commissioner of Building Control under subsection (1) or (2) may, within 28 days of being notified of the decision, appeal to the Minister against the decision.

(4) Where an appeal is made to the Minister under subsection (3), the Minister may confirm, vary or reverse the decision of the Commissioner of Building Control, or give such directions in the matter as he thinks fit, and the decision of the Minister shall be final.

(5) Every pecuniary penalty or part thereof outstanding shall be recoverable as a debt due to the Building and Construction Authority.

(6) On acceptance by the Commissioner of Building Control of the pecuniary penalty imposed under this section, the unauthorised building works in respect of which the penalty is paid shall be deemed to have been carried out in accordance with section 5(1).”.

Repeal and re-enactment of Part III

6. Part III of the principal Act is repealed and the following Part substituted therefor:

“PART III

RETROFITTING OF EXTERIOR FEATURES

Application and interpretation of this Part

22A.—(1) This Part shall apply to all exterior features on any building except —

(a)	exterior features on any detached house, semi-detached house, terrace house or linked house, none of which are comprised in any strata title plan; and
(b)	exterior features located on the lowest level of any building.

(2) In this Part, unless the context otherwise requires —

“applicable date”, in relation to an exterior feature, means such date as is prescribed under section 22C to be the applicable date for that exterior feature;

“grace period”, in relation to an exterior feature, means such period starting from the applicable date for the exterior feature and ending after such time as is prescribed under section 22C for that exterior feature;

“prescribed age”, in relation to an exterior feature, means such age as is prescribed under section 22C to be the prescribed age for that exterior feature.

Duty to retrofit exterior feature

22B.—(1) Where an exterior feature of a prescribed building has been installed on, forms part of, or projects outwards from the building at any time before the applicable date prescribed for the exterior feature, the person responsible for the exterior feature shall carry out or cause to be carried out retrofitting of that exterior feature in such manner, by such person and using such material as may be prescribed in relation to that exterior feature —

(a)	where there is no prescribed age for that exterior feature, or the exterior feature is, on that applicable date, of the prescribed age or older — within the grace period prescribed for that exterior feature; or
(b)	where the exterior feature is, on that applicable date, less than the prescribed age — within the grace period prescribed for that exterior feature or within the period before the exterior feature attains the prescribed age, whichever period is the longer.

(2) Any person who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part thereof during which the offence continues after conviction.

(3) If a person is charged with an offence under subsection (2), it shall be a defence for him to prove that he was not the person responsible for the exterior feature at any time during that grace period or before the exterior feature attained that prescribed age, as the case may be.

(4) For the purposes of this Act, the age of an exterior feature of a building shall be reckoned from the date of its first installation on that building as determined in accordance with such date as is prescribed under section 22C for that exterior feature.

(5) Nothing in this section shall be construed as —

(a)	prohibiting or preventing the Commissioner of Building Control from exercising any of his powers under any other provision of this Act or the building regulations; or
(b)	derogating from the effect of any other provision of this Act or the building regulations or any other written law for the time being in force.

Retrofitting orders

22C.—(1) The Minister may, by order published in the Gazette, prescribe any matter which is required or permitted to be prescribed by this Part.

(2) Without prejudice to the generality of subsection (1), the Minister may, in an order made under that subsection, prescribe —

(a)	the duties and responsibilities of any person authorised to carry out retrofitting of an exterior feature, including providing that any failure or neglect to comply with any such duty or responsibility shall be an offence;
(b)	different applicable dates, prescribed ages, grace periods and persons responsible for an exterior feature in relation to different exterior features;
(c)	different qualifications and training for persons authorised to carry out retrofitting in relation to different exterior features; and
(d)	that any contravention of any provision of the order shall be an offence punishable with a fine not exceeding $5,000 or with imprisonment for a term not exceeding 6 months or with both and, in the case of a continuing offence, with a further fine not exceeding $500 for every day or part thereof during which the offence continues after conviction.

(3) All orders made under this section shall be presented to Parliament as soon as possible after publication in the Gazette.”.

Amendment of section 23

7. Section 23(1) of the principal Act is amended by inserting, immediately after the words “building works” in paragraph (a)(ii), the words “or retrofitting under Part III”.

Amendment of section 26

8. Section 26(1) of the principal Act is amended by deleting the definition of “building”.

Amendment of section 28

9. Section 28 of the principal Act is amended —

(a)	by deleting the words “first certificate of statutory completion was issued in respect of the building” in subsection (2)(a) and (b) and substituting in each case the words “first temporary occupation permit or first certificate of statutory completion was issued in respect of the building, whichever was issued earlier,”;
(b)	by inserting, immediately after the words “within such period” in subsection (7), the words “and subject to such conditions”; and
(c)	by deleting the word “Periodical” in the section heading and substituting the word “Periodic”.

Amendment of section 48

10. Section 48(1) of the principal Act is amended by deleting “$400” and substituting “$2,000”.

Amendment of section 49

11. Section 49(2) of the principal Act is amended —

(a)

by deleting sub-paragraph (ii) of paragraph (e) and substituting the following sub-paragraph:

“(ii)

exterior features;”; and

(b)

by deleting paragraph (k) and substituting the following paragraph:

“(k)	the regulation of persons authorised to carry out installation or retrofitting of any exterior feature, including prescribing the qualifications and training of such persons, and their duties and responsibilities in connection with installing or retrofitting the exterior feature;”.