Building Control (Amendment) Act 2000 - Singapore Statutes Online

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 25]

Friday, October 6

[2000

The following Act was passed by Parliament on 25th August 2000 and assented to by the President on 2nd September 2000:—

Building Control (Amendment) Act 2000

(No. 26 of 2000)

I assent.

S R NATHAN,

President.

2nd September 2000.

Date of Commencement: 15th October 2000

Date of Commencement: 1st September 2001

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.—(1) This Act may be cited as the Building Control (Amendment) Act 2000 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

(2) The Minister may appoint different dates for the coming into operation of the different provisions of this Act.

Amendment of section 2

2. Section 2(1) of the Building Control Act (referred to in this Act as the principal Act) is amended by inserting, immediately after the definition of “accredited checker”, the following definition:

“ “accredited checking organisation” means an accredited checking organisation registered as such under section 16A;”.

Amendment of section 8

3. Section 8 (1) of the principal Act is amended —

(a)	by inserting, immediately after the word “supervisor” in paragraph (b), the words “appointed by the appropriate qualified person and working under his control and direction”; and
(b)	by deleting the words “a site supervisor or qualified person” in paragraph (c) and substituting the words “an appropriate qualified person or a site supervisor appointed by the appropriate qualified person and working under his control and direction”.

Amendment of section 9

4. Section 9 of the principal Act is amended —

(a)

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

“(aa)

take all reasonable steps and exercise due diligence in ensuring that the structure of the building is designed in accordance with the provisions of this Act and, subject to section 14, the requirements for structural design and loads prescribed in the building regulations;”; and

(b)

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

“(5A) Any qualified person who contravenes or fails to comply with subsection (3)(aa) 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.”.

Amendment of section 10

5. Section 10 of the principal Act is amended —

(a)	by inserting, immediately before the words “qualified person” in the 3rd line of subsection (1), the word “appropriate”; and
(b)	by deleting the words “a site supervisor or qualified person, the qualified person” in the 3rd and 4th lines of subsection (2) and substituting the words “an appropriate qualified person or a site supervisor, the appropriate qualified person”.

Repeal and re-enactment of section 15

6. Section 15 of the principal Act is repealed and the following section substituted therefor:

“Registers

15.—(1) The Commissioner of Building Control shall keep and maintain the following registers:

(a)	a register of accredited checkers registered under section 16; and
(b)	a register of accredited checking organisations registered under section 16A,

in which shall be entered the names and prescribed particulars of the persons and organisations registered.

(2) The absence of the name of any person or organisation from the registers kept under subsection (1) shall be prima facie evidence that —

(a)	in the case of the register of accredited checkers, that the person is not so registered or that his registration has been suspended or cancelled; and
(b)	in the case of the register of accredited checking organisations, that the organisation is not so registered or that its registration has been suspended or cancelled.

(3) The registers referred to in subsection (1) shall be kept and maintained at the office of the Commissioner of Building Control and shall be available for inspection by any person without charge during office hours.”.

Amendment of section 16

7. Section 16 of the principal Act is amended —

(a)

by deleting the words “may be prescribed” in subsection (1) and substituting the words “the Commissioner of Building Control may determine”;

(b)

by inserting, immediately after the word “experience” in subsection (2), the following words “and meets such other requirements as may be prescribed”;

(c)

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

“(5A) The registration of an accredited checker 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.

(5B) An accredited checker may only undertake work as an accredited checker on his own behalf if the value of the building works is within the prescribed limit.

(5C) No person shall undertake any work required under this Act or the building regulations to be undertaken by an accredited checker unless —

(a)	he is registered under this section; and
(b)	his registration has not been suspended or cancelled.”;

(d)

by deleting the words “The Commissioner of Building Control may” in the 1st line of subsection (6) and substituting the words “Subject to section 16B, the Commissioner of Building Control may suspend or”;

(e)

by deleting the word “or” at the end of subsection (6)(d);

(f)

by deleting the full-stop at the end of paragraph (e) of subsection (6) and substituting a semi-colon, and by inserting immediately thereafter the following paragraphs:

“(f)	who has been censured, fined, suspended or de-registered by the Professional Engineers Board;
(g)	who fails to meet the prescribed requirements for registration; or
(h)	if his performance as an accredited checker fails to meet such standards of performance as may be prescribed in the building regulations.”; and

(g)

by deleting subsections (7) to (11) and substituting the following subsections:

“(7) Any person who contravenes subsection (5B) or (5C) shall be guilty of an offence.

(8) For the purposes of this section, sections 16A and 17 —

“prescribed limit” means —

(a)	$10 million, where no other sum is specified under paragraph (b); or
(b)	where a sum is specified under this paragraph by the Minister for the purposes of this section and section 17 by notification in the Gazette, such sum as may for the time being be so specified;

“prescribed period” means —

(a)	12 months from the date of registration of the accredited checker or the accredited checking organisation, as the case may be; or
(b)	where a period is specified under this paragraph by the Minister for the purposes of this section and section 16A by notification in the Gazette, such period as may for the time being so specified;

“value of the building works” means the total cost to be expended in carrying out the building works (including the foundations, structural frame, finishes and the installation of building services) estimated at the time of, and contained in, the application for approval of the plans of the building works.”.

New sections 16A, 16B and 16C

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.

Appeals

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.”.

Repeal and re-enactment of section 17

9. Section 17 of the principal Act is repealed and the following section substituted therefor:

“Appointment of accredited checkers or accredited checking organisations

17.—(1) Every person for whom building works are or are to be commenced or carried out shall, unless otherwise prescribed, appoint an accredited checker or an accredited checking organisation in respect of the detailed structural plans and design calculations of the building works.

(2) A person for whom building works are or are to be commenced or carried out shall appoint an accredited checking organisation for the purposes of subsection (1) if the value of the building works exceeds the prescribed limit referred to in section 16(5B).

(3) The accredited checker —

(a)	appointed under subsection (1); or
(b)	acting on behalf of the accredited checking organisation appointed under subsection (1),

shall check the detailed structural plans and design calculations of the building works in accordance with the building regulations and shall carry out such other duties as may be prescribed by those regulations.

(4) Any person who contravenes subsection (2) shall be guilty of an offence.

(5) Any accredited checker —

(a)	appointed under subsection (1); or
(b)	acting on behalf of an accredited checking organisation appointed under subsection (1),

who contravenes or fails to comply with subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both.”.

Amendment of section 18

10. Section 18 of the principal Act is amended by deleting subsection (6).

New sections 18A and 18B

11. The principal Act is amended by inserting, immediately after section 18, the following sections:

“Independence of accredited checking organisations

18A.—(1) In addition to the requirements imposed on an accredited checker under section 18, where the certificate under section 6(1)(c) or (8) is made by an accredited checker acting on behalf of an accredited checking organisation —

(a)	the accredited checking organisation that is a corporation and any of its directors; and
(b)	any partner of the accredited checking organisation that is a partnership,

shall not at the time of the making of the certificate have any professional or financial interest in the building works shown in the plans described in the certificate under section 6(1)(c) or (8).

(2) A person shall be regarded as having a professional or financial interest in any building works if —

(a)

the person is or has been responsible for the design or construction of the building or any of the building works in any capacity except building works relating to the alterations of the building which —

(i)	do not affect any key structural element; or
(ii)	affect any structural element but the effects are localised in nature and do not require any strengthening of any key structural element;

(b)

the person or any nominee of the person is a member, officer or employee of a company or other body which has a professional or financial interest in the building works; or

(c)

the person is a partner or is in the employment of a person who has a professional or financial interest in the building works.

(3) For the purposes of this Act —

(a)	a person shall be treated as having a professional or financial interest in the building works even if the person has that interest only as trustee for the benefit of some other person; and
(b)	in the case of married people living together, the interest of one spouse shall, if known to the other, be deemed to be also an interest of the other.

(4) For the purposes of this Act —

(a)	involvement in the building works as an accredited checker or an accredited checking organisation; and
(b)	entitlement to any fee paid for the function as an accredited checker or an accredited checking organisation,

shall not be regarded as constituting a professional or financial interest.

(5) Any accredited checking organisation that is a corporation which contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000.

(6) Any partner of an accredited checking organisation that is a partnership, or any director of an accredited checking organisation that is a corporation, who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both.

Exemption for certain public authorities

18B. The Minister may, by notification in the Gazette, exempt from sections 16(5B), 16A (7), 17 (2) and 18 (1) any building works —

(a)	which are carried out for any public authority constituted by any written law; and
(b)	in respect of which an accredited checker who is an officer or employee of the public authority has been appointed for the purposes of section 17(1).”.

Transitional

12. The registration of any person as an accredited checker, and any certificate of accreditation issued, under section 16 of the principal Act before the date of commencement of section 7 of this Act shall lapse on that date.

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