BUILDING CONTROL BILL

Order for Second Reading read.

3.42 p.m.

The Minister for Law and National Development (Mr E. W. Barker): Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

A new Building Control Division within the Public Works Department was established in February, 1972, to speed up the processing of building plans. However, the existing building control legislation is inadequate to meet our present requirements. The Bill therefore seeks to amend and consolidate the existing law and to repeal Part III of the Local Government Integration Act (Cap. 210) dealing with building activities. The general scheme of the Bill is similar to Part III of the Local Government Integration Act, but substantive changes have been made to simplify the law and to confer greater powers on the Building Authority (who is defined under the Bill as the Assistant Director (Building Control) of the P.W.D.) to deal with unauthorised building works and dangerous or dilapidated buildings. Penalties for offences in relation to unauthorised building works have been increased under the Bill, as the present penalties are considered inadequate. There are also other new provisions which will strengthen the hands of the Authority. I will only draw Members' attention to some of the more significant clauses.

Clause 5 provides that no person shall commence or carry out any building works without the written permission of the Building Authority. This is not new. But "building works" is defined to include any kind of construction, site formation, repairs, demolition, alteration, addition and every kind of building operations. Provisions will be made in the Regulations to exempt minor repairs and alterations from the requirements of this clause. In respect of any unauthorised building works, the Authority is authorised under the Bill to charge sums not exceeding 50 times the prescribed fees, for the approval of plans to cover such unauthorised works. The existing maximum penalty is ten times the prescribed fee.

Clause 6 which is substantially similar to the existing law confers on the Authority power to stop the construction of unauthorised building works and to demolish the structures and to recover the cost and expenses of demolition from the persons responsible.

Clause 7 empowers the Authority to enter a building and seize all movable property found therein if it is satisfied that the building has been converted for any purpose or use other than the purpose or use for which the building has been approved. Such movable property may be confiscated or returned to the owner. This clause is designed to enable speedy and effective action to be taken against any unauthorised change of use of a building.

Clause 13 of the Bill confers wide powers on the Authority to deal with any building which is dangerous or liable to become dangerous by fire, wind, rain, dilapidation, use, lack of fire escapes or any other cause. Among other things, the Authority may require the closure and the demolition of the whole or even part of such building. The provisions of this clause will enable the Authority to deal more effectively with dangerous buildings than the existing system under which a mandatory order will have to be obtained from a Magistrate's Court resulting in undue delay and protracted action.

The Authority is also conferred powers by clause 19 of the Bill to confiscate any property seized or removed in the exercise of statutory powers. Such confiscated property may be returned to the owner within two weeks of the seizure or removal on such terms and conditions as the Authority thinks fit. Any property or thing which has been confiscated may be disposed of in such manner as the Minister may direct.

Sir, I beg to move.

Question proposed.

Mr Hwang Soo Jin (Jalan Kayu): Sir, clause 11 of the Bill, which is not considered to be significant by the Minister, empowers the Building Authority to require the owner of a building to remove roofing made of inflammable materials, such as attap, by giving three months' or shorter period of notice. In the implementation of this particular section of the law, I do hope that the Department concerned will be both flexible and reasonable in their attitude, bearing in mind that the majority of people likely to be affected by this particular section are attap house dwellers in the lower income group. In view of the present high cost of building construction materials, these people may very well find three months too short a period to raise sufficient money to replace the attap roof with other suitable material. In cases of genuine financial hardship, I do hope that the Department will be prepared to grant a longer period for the work to be carried out.

Another point that has occurred to me is that the existing procedure to obtain official permission to change the roof from attap to some other hardier material is somewhat involved, and in most cases it takes more than three months to obtain planning approval. So, for this clause 11 to be implemented, I presume that something will be done to simplify the procedure.

In concluding, Sir, I do like to mention that I can fully appreciate the very good intention behind this particular clause of the Bill, which obviously aims at minimising the risk of fire spreading from house to house.

Mr Barker: Sir, first, I would like to thank the Member for his kind remarks. We will certainly take his comments into consideration. If the Building Authority or the Assistant Director of Public Works Department is not flexible, there is always recourse for an appeal to the Minister.

Question put, and agreed to.

Bill accordingly read a Second time and committed to a Committee of the whole House.

The House immediately resolved itself into a Committee on the Bill.-[Mr Barker].

Bill considered in Committee.

[Mr Speaker in the Chair]

3.47 p.m.

Clause 1 ordered to stand part of the Bill.

Clause 2 -

Mr Barker: Sir, I beg to move,

In page 2, line 9, to leave out "26 of this Act" and insert "27".

This is a consequential renumbering due to the introduction of a new clause 14.

Amendment agreed to.

Clause 2, as amended, ordered to stand part of the Bill.

Clauses 3 to 12 inclusive ordered to stand part of the Bill.

Clause 13 -

Mr Barker: Sir, I beg to move,

In page 9, line 12, after "such", to insert "investigation or".

This would assure that the cost of such investigation could be recovered from the owner.

Amendment agreed to.

Clause 13, as amended, ordered to stand part of the Bill.

Clause 14 -

Mr Barker: Sir, I beg to move,

In page 9, line 39, after "he", to insert "had".

This is to correct a grammatical error.

Amendment agreed to.

Clause 14, as amended, ordered to stand part of the Bill.

Clauses 15 to 23 inclusive ordered to stand part of the Bill.

Clause 24 -

Mr Barker: Sir, I beg to move,

In page 12, line 12, after "Act", to insert "or any regulations made thereunder".

Sir, this is for further additional clarification.

Amendment agreed to.

Clause 24, as amended, ordered to stand part of the Bill.

Clause 25 ordered to stand part of the Bill.

Clause 26 -

Mr Barker: Sir, I beg to move,

In page 13, after line 40, to insert -

"(m) the control, regulation and supervision by registration, licensing or otherwise of premises used for any trade or purpose specified in section 14;

(n) measures for the construction, installation and inspection of lifts and escalators;

(o) the provision for air and open spaces within or between buildings;".

Sir, this amendment is necessary because the functions of the Fire Brigade, as the Minister for Social Affairs pointed out earlier, are being transferred to the Building Control Division of the Public Works Department, and the measures under paragraphs (n) and (o), which I have just spelt out, are really additional measures taken following the Robinson fire and the recommendations made in respect of that fire.

Amendment agreed to.

The Chairman: There are consequential amendments to be made to renumber paragraphs (m) to (q) of subclause I as paragraphs (p) to (t) respectively, consequent upon the addition of the three new paragraphs. This will be done.

Clause 26, as amended, ordered to stand part of the Bill.

Clauses 27 and 28 ordered to stand part of the Bill.

The Schedule -

Mr Barker: Sir, I beg to move,

In page 14, line 31, to leave out "27" and insert "28".

This and the following amendments are all consequential amendments.

Amendment agreed to.

Amendments made:

In page 15, after line 26, to insert -

"Section 77 and 78 Repeal.".-[Mr Barker].

In page 15, after line 33, to insert under the second column thereof -

"Delete paragraphs 2, 3 and 4 appearing under the heading "Fire Brigade".".-[Mr Barker].

The Schedule, as amended, ordered to stand part of the Bill.

New Clause - `Dangerous (1) No premises shall, except in trades accordance with a licence from not to the Building Authority, be used be by any person for any of the carried following trades or purposes - on without licence. (a) tallow-melting and candle making; (b) making or storing matches, fireworks, carbide or any industrial gas; (c) making or storing charcoal; (d) a sawmill or place for depositing or storing coal, wood, timber, attap, kajang, thatching, grass, hay, straw or other flammable materials otherwise than for domestic use in that place; (e) a foundry or smithy; (f) the manufacture, storage, treatment, smoking or preparation of rubber, gutta pereha, jelutong and any other form of getah; (g) the manufacture, storage or treatment of cinematograph or other films; (h) a garage or place kept or used for repairing, painting, washing, storing, housing or parking motor vehicles or a place where a pump is maintained from which petrol or oil is supplied to motor vehicles, except a garage or place used in connection with a private dwelling-house and kept for private use only; and (i) such other trades or purposes as the Minister may, by notification in the Gazette, specify.

(2) The Building Authority may at any time suspend or revoke any licence under subsection (I) without assigning any reason therefor.

(3) Any person who uses or permits to be used any premises without a licence for any of the trades or purposes specified in subsection (1) shall be guilty of an offence under this Act.

(4) Where the Building Authority is satisfied that any premises have been or are being used in contravention of this section he may enter the premises and seize all movable property found therein.'.-[Mr Barker].

Brought up, and read the First time.

Clause read a Second time and added to the Bill.

The Chairman: This new clause is to be inserted in page 9, after line 22, immediately after clause 13, as clause 14. Existing clauses 14 to 28 will be renumbered as clauses 15 to 29 respectively. The new clause is to form Part IV of the Bill under the heading "PREMISES USED FOR DANGEROUS TRADES OR PURPOSES.". The existing Part IV will be renumbered as Part V.

Appropriate amendments will also be made to the table of contents at pages i and ii, consequent upon the addition of the new clause.

Bill reported with amendments; read a Third time and passed.