Clause 2

by deleting the words “section 16A” in the definition of “accredited checking organisation” in subsection (1) and substituting the words “section 16”;

by deleting the words “section 6(2)” in the definition of “amendment plans” in subsection (1) and substituting the words “section 5(3)”;

by inserting, immediately after the definition of “builder” in subsection (1), the following definition:“ “builder’s licence” means a general builder’s licence or a specialist builder’s licence granted under Part VA;”;

by deleting paragraphs (b) and (c) of the definition of “building” in subsection (1) and substituting the following paragraphs:“(b)an earth retaining or stabilising structure, whether permanent or temporary;

a dock, wharf or jetty;

is or is to be supported by water;

is not intended for or useable in navigation; and

is or is to be permanently moored;”;

by deleting the words “and any other kind of building operation” in the definition of “building works” in subsection (1);

by deleting the words “section 21” in the definition of “certificate of statutory completion” in subsection (1) and substituting the words “section 12”;

by inserting, immediately after the definition of “competent authority” in subsection (1), the following definitions:“ “developer”, in relation to any building works, means the person for whom or on whose behalf the building works are carried out;“earth retaining structure” means any structure, structural system or other means used to maintain the shape of excavation during construction, earth filling or cutting;”;

by inserting, immediately after the definition of “flat” in subsection (1), the following definitions:“ “general building works” means any building works other than specialist building works;“geotechnical aspects”, in relation to any underground building works, means —

an analysis of the geological structure and earth materials of the site of the underground building works and its influence on the underground building works;

an analysis of the ground-water regime and its influence on the wall stability and integrity of the underground building works over time; and

such other applications of earth sciences to and engineering aspects of the underground building works as may be prescribed;“geotechnical engineer” means a professional engineer who is registered under the Professional Engineers Act (Cap. 253) as a specialist professional engineer in the specialised branch of geotechnical engineering;”;

by inserting, immediately after the definition of “immediate supervision” in subsection (1), the following definition:“ “insignificant building works” means such building works as are prescribed under section 4(d);”;

by inserting, immediately after the words “shear cores” in the definition of “key structural elements” in subsection (1), the words “, structural walls, struts, ground anchors”;

by inserting, immediately after the definition of “key structural elements” in subsection (1), the following definition:“ “large building works” means such building works as are prescribed for the purposes of section 7(1)(b);”;

by inserting, immediately after the definition of “limited common property” in subsection (1), the following definitions:“ “limited liability partnership” has the same meaning as in section 2(1) of the Limited Liability Partnerships Act (Cap. 163A);“major building works” means building works other than minor building works;“minor building works” means building works (not being underground building works) that are prescribed in the building regulations as building works the plans of which do not require a certification from an accredited checker for the purposes of section 5 or 5A;”;

by deleting paragraph (b) of the definition of “owner” in subsection (1); (n)by deleting the words “established under the Building Maintenance and Strata Management Act 2004” in paragraph (c) of the definition of “owner” in subsection (1);

by deleting the definition of “person responsible” in subsection (1) and substituting the following definition:“ “person responsible”, in relation to an exterior feature of a building, means —

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

subject to paragraph (c), where the exterior feature 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; or

the common property or limited common property of any other land (whether or not comprised in a strata title plan) — the owner thereof, unless otherwise provided by paragraph (d);

where the exterior feature is a window, grille or shutter that is part of a flat —

in the case of a flat in any housing estate of the Housing and Development Board — the owner of the flat as defined in the Housing and Development Act (Cap. 129); or

in the case of any other flat — the owner of that flat; or

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

by deleting the definition of “site supervisor” in subsection (1) and substituting the following definitions:“ “site supervisor” means a person appointed (whether alone or as a member of a team of site supervisors) under section 10 to be a site supervisor in respect of any small-scale or large building works;“small-scale building works” means such building works as are prescribed for the purposes of section 7(1)(c);“specialist accredited checker” means an accredited checker who is registered under section 16 to undertake the work of an accredited checker as regards the geotechnical aspects of any underground building works;“specialist builder” means any person who is licensed under Part VA as a specialist builder;“specialist building works” means the following types of building works: (a)piling works comprising installation and testing of pre-cast reinforced concrete or pre-stressed concrete piles, steel piles, bored cast-in-place reinforced concrete piles, caissons and special pile types like micro-piles, barrettes piles and composite piles, embedded retaining wall piles like diaphragm walls, contiguous bored piles or secant piles;

ground support and stabilisation works, including installation and testing of ground anchors, soil nails, rock bolts, ground treatment like chemical grouting and jet-grouting, reinforced-earth, shotcreting and tunnel supports;

site investigation work comprising field investigations, exploratory drilling or boring, logging, sampling, coring, in-situ plate-loading tests, pressure meter tests, penetration tests, vane shear tests, probing tests, permeability tests, geological mapping and geophysical surveys, and installation and monitoring of instruments measuring forces, deformation, displacements, pore and earth pressures, and ground-water levels;

structural steelwork comprising —

fabrication of structural elements;

erection work like site cutting, site welding and site bolting; and

installation of steel supports for underground building works;

pre-cast concrete work comprising fabrication of pre-cast structural elements;

in-situ post-tensioning work comprising setting out of tendon profiles, laying of conduits, anchorages and bursting reinforcement, pulling or stressing of cables, pressure grouting of conduits; and

such other building works as the Minister may, by order published in the Gazette, declare to be specialist building works;”;

by deleting the words “slabs, roof trusses” in the definition of “structural elements” in subsection (1) and substituting the words “structural walls, struts, ground anchors, slabs, trusses”;

by deleting the definition of “temporary building” in subsection (1) and substituting the following definition:“ “temporary building” means —

any building or structure constructed of short-lived materials; or

any other building or structure permitted to be used by the competent authority or Commissioner of Building Control for a period not exceeding 36 months, or such other period as may be prescribed (if prescribed) in the building regulations,but does not include any bridge, any decking for a bridge, or any earth retaining structure;”;

by deleting the words “section 21(2)” in the definition of “temporary occupation permit” in subsection (1) and substituting the words “section 12(3)”;

by inserting, immediately after the definition of “unauthorised” in subsection (1), the following definitions:“ “underground building works” means any of the following building works, the carrying out of which starts on or after the date to be specified by the Minister by order in the Gazette: (a)any excavation or other building works to make —

a tunnel with a diameter, width or height of more than 2 metres; or

a caisson, cofferdam, trench, ditch, shaft or well with a depth of more than 6 metres; (b)any building works for constructing, altering or repairing any earth retaining structure in or for a trench, ditch, shaft or well with a depth or height of more than 6 metres; or

such type of foundation works as the Minister may prescribe in the building regulations for buildings of 30 or more storeys;“value”, in relation to any building works, means —

for any underground building works, the total cost to be expended in carrying out those building works estimated at the time of, and contained in, the application under section 5 for approval of the plans of those building works, including any goods and services tax payable in relation to the supply of the work; or

for any other building works, the total cost to be expended in carrying out the building works (including the foundations, basements, structural frame, finishes and the installation of building services) estimated at the time of, and contained in, the application under section 5 for approval of the plans of the building works, including any goods and services tax payable in relation to the supply of the work;”; and

by inserting, immediately after subsection (2), the following subsections:“(3) The Minister may, by notification published in the Gazette, vary any of the following referred to in the definition of “underground building works” in subsection (1):

the diameter, width or height of any tunnel;

the depth of any caisson, cofferdam, trench, ditch, shaft or well;

the depth or height of any earth retaining structure in or for a trench, ditch, shaft or well; or

the number of storeys in a building.(4) Any reference in this Act to a person being an associate of a developer or builder of building works shall be a reference to any of the following persons:

any partner of the developer or builder;

any body corporate in which the developer or builder is a substantial shareholder as defined in section 81 of the Companies Act (Cap. 50);

if the developer or builder is a body corporate —

a person who is a substantial shareholder of that body corporate as defined in section 81 of the Companies Act; or

a director, secretary or similar executive officer of the body corporate;

any body corporate of which the developer or builder is a director, secretary or similar executive officer;

where the developer or builder is a trustee — a beneficiary or an object of the discretionary trust;

any employer or employee of the developer or builder.(5) Where —

by or under any provision of this Act or any subsidiary legislation made thereunder an act or thing is required or directed to be done within a particular period or before a particular time;

failure to do that act or thing within the period or before the time referred to in paragraph (a) constitutes an offence; and

that act or thing is not done within the period or before the time referred to in paragraph (a),the obligation to do that act or thing shall continue, notwithstanding that that period has expired or that time has passed, until that act or thing is done; and if the failure to do that act or thing within the period or before the time referred to in paragraph (a) is an offence, a person shall be guilty of a separate offence in respect of each day (including the day of a conviction for any such offence or any later day) or part thereof during which the person continues to refuse or fail to comply with that requirement or direction.”.