Clause 2

by deleting the words “(referred to in this definition as A), but does not include any person who contracts with a builder for the execution by that person of the whole or any part of any building works undertaken by the builder for or on behalf of A under a contract entered into by the builder with A” in the definition of “builder” in subsection (1) and substituting the words “but does not include a sub‑contractor in relation to those building works”;

by inserting, immediately after paragraph (d) of the definition of “building” in subsection (1), the following paragraph:“(da)a fixed installation;”;

by inserting, immediately after the words “and includes” in the definition of “building works” in subsection (1), the words “any fixed installation works, and any”;

by deleting the definition of “common property” in subsection (1) and substituting the following definition:“ “common property” has the meaning given by —

the Town Councils Act (Cap. 329A) where the common property is comprised in a housing estate of the Housing and Development Board; or

the Building (Strata Management) Act (Cap. 30C) in any other case;”;

by deleting the definition of “exterior feature” in subsection (1) and substituting the following definitions:“ “escalator” means a machine‑powered installation comprising —

a stairway with continuously moving steps and handrails carrying people between different floors of a building; or

a continuously moving walkway for conveying people between different parts of a building or between 2 buildings,and includes a passenger conveyor, and any supporting structure, machinery, equipment, apparatus and enclosure used or designed for use for operating the escalator;“exterior feature”, in relation to any building, means any permanent feature of a building that —

is installed on, forms part of or projects outwards from the roof or exterior of the building; and

is prescribed by building regulations;“fixed installation” means any of the following machine‑powered installations:

an escalator;

a lift;

a mechanised car parking system,and includes any supporting structure, machinery, equipment, apparatus and enclosure used or designed for use for operating a fixed installation;“fixed installation owner”, for a fixed installation, means —

where the fixed installation is part of any common property of a housing estate of the Housing and Development Board —

the Town Council established under the Town Councils Act with the duty to maintain that common property in that housing estate; or

where there is no such Town Council — the Board;

where the fixed installation is part of any common property or limited common property comprised in a strata title plan — the management corporation or subsidiary management corporation having control of the common property or limited common property (as the case may be) or the person receiving any rent or charge for the maintenance and management of that common property or limited common property, as the case may be;

where the fixed installation is part of any common property not comprised in a strata title plan and is not described in paragraph (a) or (c) — the person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act (Cap. 254) as the owner of the common property or a mortgagee in possession;

where the fixed installation is comprised in a lot of a subdivided building (whether or not in a strata title plan) and is not part of any common property — any person who is the registered proprietor or registered subsidiary proprietor (as the case may be) in the land‑register under the Land Titles Act (Cap. 157) of the fee simple, estate in perpetuity or leasehold estate of that lot;

where the fixed installation is not in a subdivided building and is not part of any common property but is installed or operated in, or in connection with, a building — the owner of that building; or

in any other case — a person with a legal or beneficial interest in the fixed installation and who is prescribed in building regulations for that fixed installation or class of fixed installations to which that installation belongs,but excludes a supplier (or an agent of a supplier) of a fixed installation who, by reason only of a contract for the sale or installation of the fixed installation, retains the ownership of the fixed installation pending any payment of the price or other consideration for that sale or installation;“fixed installation works” means —

the installation of any fixed installation;

the carrying out of such major alteration or replacement works as may be prescribed in respect of any fixed installation; or

the testing and commissioning, following the completion of any works mentioned in paragraph (a) or (b), of any fixed installation;”;

by inserting, immediately after the definition of “flat” in subsection (1), the following definition:“ “general builder’s licence” means a licence granted under Part VA authorising the person granted the licence to carry on the business of a general builder, but excludes such a licence when it is not in force;”;

by inserting, immediately after the definition of “geotechnical engineer” in subsection (1), the following definition:“ “grant” or “granted”, in relation to a general builder’s licence or a specialist builder’s licence, includes grant or granted on renewal of the licence;”;

by inserting, immediately after the definition of “large building works” in subsection (1), the following definitions:“ “licensed general builder” means a person to whom a general builder’s licence is granted but excludes the person when the general builder’s licence is not in force;“licensed specialist builder”, for any specialist building works, means a person to whom a specialist builder’s licence is granted in respect of those specialist building works but excludes the person when that specialist builder’s licence is not in force;“lift” means a machine‑powered installation that —

is, or is intended to be, installed in or attached to a building or part of a building or without being attached to any building;

is designed for raising or lowering people, or people and things in combination; and

has a car, cage or platform, the direction or movement of which is substantially vertical and restricted by a guide or guides,and includes any supporting structure, machinery, equipment, apparatus and enclosure used or designed for use for operating a lift, but does not include a mechanised car parking system;”;

by deleting the words “Building Maintenance and Strata Management Act 2004” in the definition of “limited common property” in subsection (1) and substituting the words “Building (Strata Management) Act”;

by inserting, immediately after the definition of “major building works” in subsection (1), the following definition:“ “mechanised car parking system” means a machine‑powered installation that —

is, or is intended to be, installed independently of, or installed in or attached to, a building or part of a building; and

is designed solely for the automated vertical or lateral movement of vehicles connected with parking and retrieval of those vehicles,and includes any supporting structure, machinery, equipment, apparatus and enclosure used or designed for use for operating the mechanised car parking system;”;

by inserting, immediately after the definition of “minor building works” in subsection (1), the following definition:“ “notice to maintain” means a notice under section 25E(1);”;

by deleting the words “under the Land Titles (Strata) Act (Cap. 158)” in paragraph (a) of the definition of “owner” in subsection (1);

by deleting the words “Building Maintenance and Strata Management Act (Cap. 30C)” in paragraph (a)(iii) of the definition of “owner” in subsection (1) and substituting the words “Building (Strata Management) Act”;

by inserting the word “and” at the end of paragraph (b)(i) of the definition of “owner” in subsection (1);

by deleting the word “and” at the end of paragraph (b)(ii) of the definition of “owner” in subsection (1);

by deleting sub‑paragraph (iii) of paragraph (b) of the definition of “owner” in subsection (1);

by deleting paragraphs (a), (b) and (c) of the definition of “person responsible” in subsection (1) and substituting the following paragraphs:“(a)the owner of the premises or building which the exterior feature is installed on, forms part of or projects outwards from, or a person who has charge and control of the management and maintenance of the exterior feature, unless otherwise provided by paragraph (b), (c) or (d);

subject to paragraph (c), where the exterior feature is part of any common property or limited common property —

in the case of common property of any housing estate of the Housing and Development Board — the Town Council established under the Town Councils Act for that housing estate or the contractor (if any) engaged by the Town Council and who has charge and control of the management and maintenance of the common property; or

in the case of common property or limited common property of any other land (whether or not comprised in a strata title plan) — the owner of the common property or limited common property (as the case may be) or the managing agent (if any) appointed by the owner and who has charge and control of the management and maintenance of the common property or limited common property, unless otherwise provided by paragraph (d);

where the exterior feature is a window, grille or shutter that is part of a flat — the owner of that flat or other person who ordinarily has daily charge and control over the maintenance and use of such window, grille or shutter; or”;

by deleting the definition of “retrofit” in subsection (1) and substituting the following definitions:“ “retrofit” includes all or any of the following:

to modify;

to install;

to reinstall as if installing for the first time;“safety incident” has the meaning given by section 22G(1);”;

by deleting the definitions of “specialist builder” and “specialist building works” in subsection (1) and substituting the following definitions:“ “specialist builder’s licence” means a licence granted under Part VA authorising the person granted the licence to carry on the business of a specialist builder but excludes such a licence when it is not in force;“specialist building works” means any of the following types of building works:

piling works consisting of the installation and testing of any of the following:

pre‑cast reinforced concrete or pre‑stressed concrete piles;

steel piles;

bored cast‑in‑place reinforced concrete piles;

caissons;

special pile types like micro‑piles, barrettes piles and composite piles;

embedded retaining wall piles like diaphragm walls, contiguous bored piles and 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;

instrumentation and monitoring works comprising the installation and monitoring of instruments measuring forces, deformation, displacements, tilt, convergence, pore and earth pressures or ground‑water levels;

structural steelwork consisting of any of the following:

fabrication of structural steel elements;

site erection of structural steel elements involving the cutting, welding or tightening of high‑friction grip bolts;

installation or removal of steel supports for geotechnical building works;

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

in‑situ post‑tensioning work consisting of any of the following:

setting out of tendon profiles;

laying of conduits, anchorages or bursting reinforcement;

pulling or stressing of strands or bars;

pressure grouting of conduits;

such other building works as the Minister may, by order in the Gazette, declare;“strata title plan” has the meaning given by the Land Titles (Strata) Act (Cap. 158);”;

by inserting, immediately after the definition of “structural works” in subsection (1), the following definitions:“ “sub‑contractor”, in relation to any general building works or specialist building works, means a person engaged (otherwise than under a contract of service) by —

in the case of general building works — any licensed general builder to supply any labour for or to do any part of those general building works which the licensed general builder has been engaged to do under another contract;

in the case of a type of specialist building works — any licensed specialist builder for that type of specialist building works to supply any labour for or to do any part of those specialist building works which the licensed specialist builder has been engaged to do under another contract with —

a developer; or

a licensed general builder; or

another person who is a sub‑contractor by virtue of paragraph (a) or (b) or this paragraph to supply any labour for or to do any part of the building works which that other person has been engaged to do under another contract;“subsidiary management corporation”, in relation to any limited common property, means the subsidiary management corporation constituted for that limited common property under the Land Titles (Strata) Act;”;

by deleting the words “a developer or builder of building works” in subsection (4) and substituting the words “another person (P)”;

by deleting the words “the developer or builder” wherever they appear in subsection (4) and substituting in each case “P”;

by inserting, immediately after the words “particular time” in subsection (5)(a), the words “, or such extended period or time as the Commissioner of Building Control may allow under subsection (6)”; and

by inserting, immediately after subsection (5), the following subsection:“(6) The Commissioner of Building Control may, upon an application, grant an extension of time within which the person is required by or under this Act or any subsidiary legislation made under this Act to do or not to do any thing (whether for the same or less than the period of extension applied for), upon being satisfied that there are good reasons to do so.”.