Clause 25

by deleting subsection (1) and substituting the following subsection:“(1) Subject to subsections (2), (2A) and (2B), the Commissioner of Building Control may, by written notice, require either or both of the following inspections to be carried out in accordance with this section:

an inspection of a building to ensure its structural stability or integrity;

an inspection of the façade of a building to identify —

any part of the façade that may be subject to excessive erosion, corrosion, wear, fatigue, stress or strain; or

any other situation or circumstance,that may give rise to a probability of the occurrence or potential occurrence of the collapse (wholly or partly) of the façade and death or injury to individuals, or damage to other property, within or outside the building.”;

by deleting the words “In relation to any building to which this Part applies, a notice under subsection (1) may be made” in subsection (2) and substituting the words “A notice under subsection (1) may be given”;

by deleting the words “In relation to any building to which this Part applies and in respect of which no temporary occupation permit or certificate of statutory completion has been issued, a notice under subsection (1) may be served” in subsection (2A) and substituting the words “Subject to subsection (2B), where a notice requiring a structural inspection under subsection (1) is made in relation to a building in respect of which no temporary occupation permit or certificate of statutory completion has been issued, the notice may be given”;

by deleting subsection (3) and substituting the following subsections:“(2B) A notice under subsection (1) requiring a façade inspection to be carried out may be given —

if the building is more than 20 years of age on the relevant date — at any time after that date;

if the building first attains more than 20 years of age at any time after the relevant date — at any time after the building first attains more than 20 years of age;

for a building in respect of which no temporary occupation permit or certificate of statutory completion has been issued for the whole building — at any time after the relevant date; or

at any time during the 7th or later year after the year during which the last notice requiring a façade inspection to be carried out was given.(2C) A notice under subsection (1) must —

be given to the owner of the building, or the building the façade of which is (as the case may be) required to be inspected under the notice; and

specify the building or the façade of the building (as the case may be) which is required to be inspected, and the period within which the inspection must be completed.(3) Where a notice is given under subsection (1), the owner mentioned in subsection (2C)(a) —

must appoint —

for the purpose of a structural inspection, a structural engineer; or

for the purpose of a façade inspection, a competent person,to carry out the inspection in accordance with subsection (6)(a); and

must submit to the Commissioner of Building Control, within the period specified in the notice under subsection (2C)(b), a copy of the report of the inspection by the structural engineer or competent person (as the case may be) prepared under subsection (6)(b).”;

by deleting the words “structural engineer to inspect the building” in subsection (4) and substituting the words “structural engineer to carry out a structural inspection, or a competent person to carry out a façade inspection (as the case may be)”;

by deleting subsection (5) and substituting the following subsection:“(5) Each of the following persons has a right of access at any reasonable time in the day to any part of the building in order for that person to carry out an inspection under this section:

a structural engineer who is appointed to carry out a structural inspection;

a competent person who is appointed to carry out a façade inspection and any façade inspector assisting the competent person in carrying out the façade inspection.”;

by deleting subsection (5A) and substituting the following subsection:“(5A) A person who hinders, obstructs or delays a structural engineer, competent person or façade inspector in the performance of that person’s duty under subsection (5) shall be guilty of an offence and shall be liable on conviction —

to a fine not exceeding $5,000; and

in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.”;

by deleting subsections (6) and (7) and substituting the following subsections:“(6) A structural engineer appointed to carry out a structural inspection, or a competent person appointed to carry out a façade inspection (as the case may be), must —

carry out the structural inspection or façade inspection (as the case may be) in the prescribed manner;

prepare, in such form as the Commissioner of Building Control may specify, a report on the results of the inspection mentioned in paragraph (a) and the assessment of the condition of the building or façade, as the case may be;

give a copy of the report mentioned in paragraph (b) to the owner of the building mentioned in subsection (2C)(a) without delay, and in any case, to enable the owner to comply with subsection (3)(b); and

comply with any written directions by the Commissioner of Building Control in respect of the report mentioned in paragraph (b).(6A) Without limiting subsection (6)(d), the Commissioner of Building Control may direct the structural engineer or competent person (as the case may be) to —

carry out, within the period specified in the direction, such further steps as the Commissioner of Building Control considers necessary to ensure that the structural inspection or façade inspection (as the case may be), and the assessment of the condition of the building or façade (as the case may be), is complete; and

supplement the report mentioned in subsection (6)(b) to include the results of the further steps mentioned in paragraph (a), and such further information or documents as the Commissioner of Building Control may require to clarify those results.(7) Where a report mentioned in subsection (6)(b) also contains a recommendation on any measures or other building works necessary —

to ensure the structural stability or integrity of the building; or

to prevent the occurrence or potential occurrence of collapse (wholly or partly) of the façade of the building,the owner of the building must carry out, or cause to be carried out, such of the measures or building works within such period, and subject to such conditions, as the Commissioner of Building Control may specify.”;

by deleting the words “fails to comply with subsection (3), (4) or (7) within the period specified in the notice under subsection (1) or within the period specified under subsection (7), as the case may be,” in subsection (9) and substituting the words “, without reasonable excuse, fails to comply with subsection (3), (4) or (7)”;

by deleting subsection (10) and substituting the following subsection:“(10) A person who fails to comply with subsection (6) or (6A) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000.”;

by inserting, immediately after subsection (11), the following subsection:“(12) In this section, “relevant date” means the date of commencement of section 25 of the Building Control (Amendment) Act 2020.”; and

by inserting, immediately after the word “buildings” in the section heading, the words “and building façades”.