Building Control (Accredited Checkers and Accredited Checking Organisations) Regulations

Building Control Act

(CHAPTER 29, Section 49)

Rg 2

G.N. No. S 149/1989

REVISED EDITION 2002

(31st January 2002)

[1st May 1989]

Citation

1. These Regulations may be cited as the Building Control (Accredited Checkers and Accredited Checking Organisations) Regulations.

Accreditation Selection Panels

2.—(1) The committee of persons appointed by the Commissioner of Building Control to assist him under section 16(5) of the Act shall be known as the Accreditation Selection Panel.

[S 55/2008 wef 15/02/2008]

(2) For the purpose of determining whether an applicant has fulfilled the prescribed requirements for registration as an accredited checker or a specialist accredited checker, the Accreditation Selection Panel may interview any applicant for registration as an accredited checker or a specialist accredited checker to determine whether the applicant has such proper and recognised training and practical experience in the design and construction of buildings as will enable him to effectively perform the duties of an accredited checker or a specialist accredited checker, as the case may be.

[S 55/2008 wef 15/02/2008]

(3) The Accreditation Selection Panel shall be chaired by the Commissioner of Building Control or by such person as the Commissioner may appoint from amongst the members of the Panel.

Qualifications for registration and renewal of registration as accredited checkers

3.—(1) No person shall be registered under the Act as an accredited checker, or have his registration as an accredited checker renewed, unless he can satisfy the Commissioner of Building Control that —

(a)	he possesses such qualifications as will entitle him to be registered as a professional engineer under the Professional Engineers Act (Cap. 253);
(b)	he is a professional engineer registered under the Professional Engineers Act in the civil or structural engineering discipline;
(c)	he has had, after such registration as a professional engineer, practical experience in the design or construction of buildings in Singapore at a professional level for a period of not less than 10 years;
(d)	by virtue of his ability, standing in the profession or special knowledge or practical experience in civil or structural engineering he is deserving of such distinction; and
(e)	he is insured against professional liability for a minimum sum of not less than $500,000.

(2) Paragraph (1)(e) shall not apply if the accredited checker undertakes work which is required by the Act or the building regulations to be undertaken by an accredited checker who is either a director, partner, member or an employee of an accredited checking organisation and as an accredited checker on behalf of an accredited checking organisation.

[S 55/2008 wef 15/02/2008]

(3) The Commissioner of Building Control may, subject to such conditions as he may specify, waive the requirements of paragraph (1)(e) in respect of any period if the applicant satisfies the Commissioner that he will not undertake work as an accredited checker on his own behalf during that period.

(4) The Commissioner of Building Control may refuse to renew any registration as an accredited checker which has previously been suspended or cancelled.

Qualifications for registration and renewal of registration as specialist accredited checkers

3A.—(1) No person shall be registered under the Act as a specialist accredited checker, or have his registration as a specialist accredited checker renewed, unless he can satisfy the Commissioner of Building Control that —

(a)

he is a professional engineer registered under the Professional Engineers Act (Cap. 253) as a specialist professional engineer in the specialised branch of engineering known as geotechnical engineering;

(b)

he has —

(i)	after registration as a professional engineer under the Professional Engineers Act, practical experience in civil or structural engineering at a professional level for a period of not less than 10 years, of which at least 5 years shall be in geotechnical engineering in Singapore; or
(ii)	practical experience in civil or structural engineering for a period of not less than 15 years, of which at least 5 years shall be in geotechnical engineering at a professional level in Singapore after registration as a professional engineer under the Professional Engineers Act; [S 249/2008 wef 05/05/2008]

(c)

by virtue of his ability, standing in the profession or special knowledge or practical experience in geotechnical engineering he is deserving of such distinction; and

(d)

he is insured against professional liability for a minimum sum of not less than $500,000.

(2) The Commissioner of Building Control may, subject to such conditions as he may specify, waive the requirements of paragraph (1)(d) in respect of any period if the applicant satisfies the Commissioner that he will not undertake work as a specialist accredited checker on his own behalf during that period.

(3) The Commissioner of Building Control may refuse to renew any registration as a specialist accredited checker which has previously been suspended or cancelled.

[S 55/2008 wef 15/02/2008]

Requirements for registration and renewal of registration as accredited checking organisations

4.—(1) No firm shall be registered as an accredited checking organisation, or have its registration as an accredited checking organisation renewed, unless —

(a)

it consists of or has in its employ —

(i)	an accredited checker who is not a specialist accredited checker; [S 55/2008 wef 15/02/2008]
(ii)	2 persons who are professional engineers registered under the Professional Engineers Act (Cap. 253) in the civil or structural engineering discipline; and
(iii)	not less than 2 other persons who are professional engineers registered under the Professional Engineers Act in the civil or structural engineering discipline or who possess such qualifications as will entitle them to be registered as professional engineers under that Act in the civil or structural engineering discipline;

(b)

the accredited checker referred to in paragraph (a)(i) does not undertake work as an accredited checker on his own behalf or for any other accredited checking organisation;

(c)

it has an ISO 9001 certification under the scope of “Structural Design Services”; and

(d)

it is insured against professional liability for a sum of not less than $2 million.

(2) The Commissioner of Building Control may refuse to renew any registration as an accredited checking organisation which has previously been suspended or cancelled.

Fee for registration and renewal of registration

5. A fee of $150 shall be payable in respect of each application for registration or renewal of registration as an accredited checker, a specialist accredited checker or an accredited checking organisation.

[S 55/2008 wef 15/02/2008]

Duplicate certificate of accreditation

6. A fee of $10 shall be payable in respect of any duplicate certificate of accreditation issued by the Commissioner of Building Control.

Duties of accredited checkers and accredited checking organisations

7.—(1) It shall be the duty of an accredited checker to —

(a)	evaluate, analyse and review the structural design in the plans of any building works and perform such original calculations with a view to determining the adequacy of the key structural elements of the building to be erected or affected by building works carried out in accordance with those plans.
(b)	[Deleted by S 592/2012 wef 01/12/2012]

(2) Without prejudice to paragraph (1), an accredited checker shall in relation to any plans of building works carry out the tasks set out in the Second Schedule.

(3) It shall be the duty of the accredited checker and, where the work of the accredited checker is required by the Act to be undertaken by an accredited checker who is either a director, partner, member or an employee of an accredited checking organisation, the accredited checking organisation, to notify the Commissioner of Building Control of any contravention or non-compliance with the provisions of the Act in connection with the structural design of any plans of building works.

[S 55/2008 wef 15/02/2008]

(4) Nothing in this regulation shall impose any such duty referred to in paragraph (3) on an accredited checker or an accredited checking organisation in respect of any such contravention or non-compliance which he or it, as the case may be, did not know and could not reasonably have discovered.

Duties of specialist accredited checkers

7A.—(1) It shall be the duty of a specialist accredited checker appointed in respect of building works which comprise wholly or partly of any geotechnical building works to —

(a)	evaluate, analyse and review the geotechnical aspects of the geotechnical building works and perform such original calculations with a view to determining the adequacy of the geotechnical aspects of those geotechnical building works to be erected or carried out in accordance with the plans of those building works; and
(b)	verify that the geotechnical aspects of the geotechnical building works are consistent with the plans of those geotechnical building works and any amendment thereto. [S 592/2012 wef 01/12/2012]

(1A) Without prejudice to paragraph (1), a specialist accredited checker shall in relation to any plans of geotechnical building works carry out the tasks set out in the Third Schedule.

[S 249/2008 wef 01/10/2008]

[S 592/2012 wef 01/12/2012]

(2) It shall be the duty of the specialist accredited checker appointed under section 8(1) of the Act in respect of building works which comprise wholly or partly of any geotechnical building works to notify the Commissioner of Building Control of any contravention or non-compliance with the provisions of the Act in connection with any of the geotechnical aspects of the geotechnical building works.

[S 592/2012 wef 01/12/2012]

(3) Nothing in this regulation shall impose any such duty referred to in paragraph (2) on a specialist accredited checker in respect of any such contravention or non-compliance which he did not know and could not reasonably have discovered.

[S 55/2008 wef 15/02/2008]

Certificate of adequacy

8.—(1) An accredited checker shall, without delay after performing his duty in relation to any plans of building works, prepare and submit to the Commissioner of Building Control —

(a)	a certificate in Form A set out in the First Schedule; and [S 55/2008 wef 15/02/2008]
(b)	an evaluation report including the analysis and calculations performed by the accredited checker. [S 55/2008 wef 15/02/2008]

(2) A specialist accredited checker shall, without delay after performing his duty in relation to any plans of building works which comprise wholly or partly of any geotechnical building works, prepare and submit to the Commissioner of Building Control —

(a)	a certificate in Form B set out in the First Schedule; and
(b)	an evaluation report including the analysis and calculations performed by the specialist accredited checker. [S 55/2008 wef 15/02/2008] [S 592/2012 wef 01/12/2012]

Declaration of professional and financial independence

9.—(1) Where the accredited checker has completed his duty in relation to any plans of building works —

(a)

the accredited checker; and

(b)

where the work of the accredited checker is required by the Act to be undertaken by an accredited checker who is either a director, partner, member or an employee of an accredited checking organisation —

(i)	the accredited checking organisation that is a corporation and each of its directors; and
(ii)	every partner of the accredited checking organisation that is a partnership,

shall without delay submit to the Commissioner of Building Control a declaration that he or it, as the case may be, has no professional or financial interest in the building works.

[S 55/2008 wef 15/02/2008]

(2) Where a specialist accredited checker has completed his duty in relation to any plans of geotechnical building works, he shall without delay submit to the Commissioner of Building Control a declaration that he has no professional or financial interest in those geotechnical building works.

[S 55/2008 wef 15/02/2008]

[S 592/2012 wef 01/12/2012]

Failure to meet standards of performance

10.—(1) For the purposes of section 17(1)(g) of the Act, an accredited checker, whether he is a director, partner, member or an employee of an accredited checking organisation and acting on its behalf or otherwise, shall be regarded as failing to meet the prescribed standards of performance for that section if he fails, in relation to any plans of building works, to carry out the tasks set out in the Second Schedule.

[S 249/2008 wef 01/10/2008]

(2) For the purposes of section 17(1)(g) of the Act, a specialist accredited checker shall be regarded as failing to meet the prescribed standards of performance for that section if he fails, in relation to the geotechnical aspects of any geotechnical building works, to carry out the tasks set out in the Third Schedule.

[S 249/2008 wef 01/10/2008]

[S 55/2008 wef 15/02/2008]

[S 592/2012 wef 01/12/2012]

Appeal to Minister

11. Any appeal under section 22(1) or (2) of the Act shall —

(a)	be in writing and addressed to the Minister;
(b)	state the decision of the Commissioner of Building Control in respect of which the appeal is brought;
(c)	specify the grounds on which the appeal is brought; and
(d)	be accompanied by such documentary evidence as the Minister considers necessary. [S 55/2008 wef 15/02/2008]

[G.N. Nos. S 149/89; S 164/2001]

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