8. The principal Act is amended by inserting, immediately after section 16, the following sections:“Accredited checking organisations |
16A.—(1) Subject to the provisions of this Act, the Commissioner of Building Control may register —(a) | any partnership consisting wholly of professional engineers registered under the Professional Engineers Act (Cap. 253) or which is licensed under that Act to supply professional engineering services in Singapore; or | (b) | any corporation licensed under the Professional Engineers Act to supply professional engineering services in Singapore, |
as an accredited checking organisation. |
(2) An application for registration as an accredited checking organisation shall be made in such manner, and shall be accompanied by such documents and particulars, as the Commissioner of Building Control may determine. |
(3) No partnership or corporation shall be registered as an accredited checking organisation unless it can satisfy the Commissioner of Building Control that it meets such requirements as may be prescribed. |
(4) The Commissioner of Building Control may appoint a committee of persons to assist him in considering applications for registration as accredited checking organisations. |
(5) Where the Commissioner of Building Control has registered a partnership or corporation as an accredited checking organisation, the Commissioner of Building Control shall issue to the partnership or corporation, as the case may be, a certificate of accreditation. |
(6) The registration of an accredited checking organisation under this section shall be valid for the prescribed period and may, subject to this Act and the building regulations, be renewed on its expiry. |
(7) No person shall undertake any work required under this Act or the building regulations to be undertaken by an accredited checking organisation unless —(a) | it is registered under this section; and | (b) | its registration has not been suspended or cancelled. |
|
(8) The Commissioner of Building Control may suspend or cancel the registration of an accredited checking organisation —(a) | which has contravened or failed to comply with section 18A(1); | (b) | which has been convicted of an offence under this Act or the building regulations; | (c) | if any accredited checker who is —(i) | a partner or employee of the accredited checking organisation which is a partnership; or | (ii) | a director, manager or employee of the accredited checking organisation which is a corporation, |
has been convicted of an offence under this Act or the building regulations; |
| (d) | which, in the opinion of the Commissioner of Building Control, is no longer in a position to carry out the duties of an accredited checking organisation under this Act; | (e) | whose name has been included in the register by fraud or misrepresentation; | (f) | which fails to meet the prescribed requirements for registration; or | (g) | if its performance as an accredited checking organisation, or the performance of any accredited checker acting on behalf of the accredited checking organisation, fails to meet such standards of performance as may be prescribed in the building regulations. |
|
(9) Any person who contravenes subsection (7) shall be guilty of an offence. |
|
Procedure for suspension or cancellation of registration |
16B.—(1) The Commissioner of Building Control shall not exercise his powers under section 16(6)(b), (c), (d), (e), (f), (g) or (h) or section 16A(8) unless an opportunity of being heard has been given to the accredited checker or the accredited checking organisation, as the case may be, against whom the Commissioner of Building Control intends to exercise his powers.(2) For the purpose of subsection (1), the Commissioner of Building Control may appoint a committee of persons to assist him in considering any representation that may be made under subsection (1). |
(3) Subject to subsection (4), where the Commissioner of Building Control suspends or cancels the registration of an accredited checker under section 16(6) or an accredited checking organisation under section 16A(8), he shall —(a) | in the case of an accredited checker, remove the name and particulars of the person from the register of accredited checkers under section 15(1)(a) and cancel the certificate of accreditation issued under section 16(5); or | (b) | in the case of an accredited checking organisation, remove the name and particulars of the organisation from the register of accredited checking organisations under section 15(1)(b) and cancel the certificate of accreditation issued under section 16A(5). |
|
(4) Where the registration of an accredited checker or an accredited checking organisation is suspended, his or its name and particulars shall be reinstated on the respective register under section 15, and his or its certificate of accreditation shall be restored, at the end of the period of suspension. |
(5) The person whose registration as an accredited checker or an accredited checking organisation is suspended or cancelled under section 16(6) or 16A (8) shall, within 14 days of being notified of the suspension or cancellation of registration, surrender to the Commissioner of Building Control the certificate of accreditation issued under section 16(5) or 16A (5), as the case may be, failing which the person shall be guilty of an offence. |
|
16C.—(1) Any person whose application for registration under section 16 or 16A is refused, or who is dissatisfied with the decision of the Commissioner of Building Control under section 16(6) or 16A (8), may, within 14 days of being notified in writing of the refusal or the decision, appeal to the Minister whose decision shall be final.(2) Any person whose registration has been suspended or cancelled under section 16(6) or 16A (8) shall, if the appeal to the Minister is allowed, be forthwith reinstated.”. |
|
|
|