Singapore legislation

Clause 9

of Building Maintenance and Strata Management Bill 2004

Clause 9

Unsafe exterior feature

(1)

Any person responsible for an exterior feature of a building who, without reasonable excuse, fails to keep or maintain the exterior feature in such manner as to be securely fixed to the building and as will prevent any collapse, partly or wholly, of such exterior feature or its support 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.

(2)

In any proceedings for an offence under this section, it shall be presumed, in the absence of proof to the contrary, that the person responsible for an exterior feature of a building has failed to maintain the exterior feature in such manner as to be securely fixed to the building and as will prevent any collapse, partly or wholly, of such exterior feature or its support, if it is proved —

(a)

that the exterior feature or part thereof has collapsed or fallen; and

(b)

that there is damage to, deterioration or other disrepair of the exterior feature or its support not caused by accident or acts of nature, including but not limited to fire, explosion, windstorm, hail, lightning, falling trees, aircraft, vehicles, flood, earthquake or landslide.

(3)

If a person is charged with an offence under subsection (1), it shall be a defence for him to prove that there is a defect in any part, or the whole, of such exterior feature or its support caused by materials or work supplied by anyone other than the person responsible.