Singapore legislation

Clause 6

of Building Control (Amendment) Bill

Clause 6

Repeal and re-enactment of Part III

Part III of the principal Act is repealed and the following Part substituted therefor:“PART IIIRETROFITTING OF EXTERIOR FEATURESApplication and interpretation of this Part22A.—

(1)

This Part shall apply to all exterior features on any building except —

(a)

exterior features on any detached house, semi-detached house, terrace house or linked house, none of which are comprised in any strata title plan; and

(b)

exterior features located on the lowest level of any building.(2) In this Part, unless the context otherwise requires —“applicable date”, in relation to an exterior feature, means such date as is prescribed under section 22C to be the applicable date for that exterior feature;“grace period”, in relation to an exterior feature, means such period starting from the applicable date for the exterior feature and ending after such time as is prescribed under section 22C for that exterior feature;“prescribed age”, in relation to an exterior feature, means such age as is prescribed under section 22C to be the prescribed age for that exterior feature.Duty to retrofit exterior feature22B.—

(1)

Where an exterior feature of a prescribed building has been installed on, forms part of, or projects outwards from the building at any time before the applicable date prescribed for the exterior feature, the person responsible for the exterior feature shall carry out or cause to be carried out retrofitting of that exterior feature in such manner, by such person and using such material as may be prescribed in relation to that exterior feature —

(a)

where there is no prescribed age for that exterior feature, or the exterior feature is, on that applicable date, of the prescribed age or older — within the grace period prescribed for that exterior feature; or

(b)

where the exterior feature is, on that applicable date, less than the prescribed age — within the grace period prescribed for that exterior feature or within the period before the exterior feature attains the prescribed age, whichever period is the longer.(2) Any person who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part thereof during which the offence continues after conviction.(3) If a person is charged with an offence under subsection (2), it shall be a defence for him to prove that he was not the person responsible for the exterior feature at any time during that grace period or before the exterior feature attained that prescribed age, as the case may be.(4) For the purposes of this Act, the age of an exterior feature of a building shall be reckoned from the date of its first installation on that building as determined in accordance with such date as is prescribed under section 22C for that exterior feature.(5) Nothing in this section shall be construed as —

(a)

prohibiting or preventing the Commissioner of Building Control from exercising any of his powers under any other provision of this Act or the building regulations; or

(b)

derogating from the effect of any other provision of this Act or the building regulations or any other written law for the time being in force.Retrofitting orders22C.—

(1)

The Minister may, by order published in the Gazette, prescribe any matter which is required or permitted to be prescribed by this Part.(2) Without prejudice to the generality of subsection (1), the Minister may, in an order made under that subsection, prescribe —

(a)

the duties and responsibilities of any person authorised to carry out retrofitting of an exterior feature, including providing that any failure or neglect to comply with any such duty or responsibility shall be an offence;

(b)

different applicable dates, prescribed ages, grace periods and persons responsible for an exterior feature in relation to different exterior features;

(c)

different qualifications and training for persons authorised to carry out retrofitting in relation to different exterior features; and

(d)

that any contravention of any provision of the order shall be an offence punishable with a fine not exceeding $5,000 or with imprisonment for a term not exceeding 6 months or with both and, in the case of a continuing offence, with a further fine not exceeding $500 for every day or part thereof during which the offence continues after conviction.(3) All orders made under this section shall be presented to Parliament as soon as possible after publication in the Gazette.”.