BUILDING CONTROL (AMENDMENT) BILL

Order for Second Reading read. 2.16 pm

The Senior Parliamentary Secretary to the Minister for National Development (Assoc. Prof. Koo Tsai Kee): Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

Objective

The Bill seeks to amend the Building Control Act to put in place measures to minimise incidents of falling air-conditioning units from certain premises or buildings.

Rationale

Since 1994, 8 cases of fallen air-conditioning units have been reported. Out of the 8 cases, 7 occurred because the wooden frames these units were mounted on have decayed over the years. These 7 cases occurred in populated HDB estates. It was fortunate that no one was injured or killed.

Sir, we have introduced several measures since 1990 to forestall the problem of falling air-conditioning units. We required all new air-conditioning units in HDB flats to be mounted properly on stainless steel brackets. An additional measure was introduced in 1997 to ensure that trained workers were engaged to install new air-conditioning units. This is to ensure that the units were properly installed so as to minimise the risk of falling air-conditioning units due to poor workmanship in installation. However, the stock of wooden frames installed before these measures were introduced will remain substantial for some time to come. These air-conditioning units therefore represent a growing risk to the public as the condition of the frames deteriorates with time. To minimise the possibility of further accidents from happening, wooden frames should be replaced with properly-installed brackets made of stainless steel.

Main Features of the Bill

Sir, let me now elaborate on the main features of the Bill.

Clause 1 names the Bill as the Building Control (Amendment) Act 1999. The clause also allows the Minister to bring the Bill into operation by notification in the Gazette.

Clause 2 addresses the meaning of "air-conditioning unit" for the purpose of the Building Control Act. In addition, the clause also transfers the definition of the "Building and Control Authority" and "trained workers" from the Schedule to the main Act for the purpose of the new provisions regulating air-conditioning works which I shall elaborate on later.

As air-conditioning units do not affect the structural integrity of a building and their installations are considered really to be minor works, clause 3 continues to exempt air-conditioning works from Part II of the Building Control Act. That is, there is no need to submit building plans for installing air-conditioning units to the BCA.

Sir, I shall now elaborate on the main provisions regulating the installation of air-conditioning units under clause 4 of the Bill. Clause 4 introduces a new Part IIA to be inserted into the Building Control Act. New Part IIA

New Part IIA contains six sections. New section 21A limits the application of the Part to air-conditioning units that would pose a danger to the public. As air-conditioning units installed in landed properties would not pose a danger to the safety of the general public, these are exempted from the provisions of this Part. The same goes for units that do not protrude outwards from buildings or premises.

New section 21B makes it mandatory for any person who desires to install air-conditioning units to engage a "trained worker" to properly install the air-conditioning unit. A trained worker holds a certificate from the Building and Construction Authority for the installation of air-conditioning units. This section consolidates what we have already introduced in 1997, to prevent accidents of falling air-conditioning units due to poor workmanship in installation.

The provisions I have elaborated so far cover air-conditioning units that are to be installed. I will now move on to section 21C which deals with existing air-conditioning units.

Although we have previously issued advices to many flat owners to retrofit existing wooden air-conditioning frames with properly-installed brackets made of approved material, namely, stainless steel, many air-conditioning unit owners have not been forthcoming in taking up the advice. Currently, about 45,000 air-conditioning units in HDB estates and under 20,000 air-conditioning units in private estates are mounted on wooden frames. These would pose a danger to the general public as the wooden frames deteriorate over time. As such, section 21C requires the owner of the building or premises where air-conditioning units are mounted on wooden frames to replace these frames with properly-installed stainless steel brackets. A grace period of one year from the date of commencement of this Act will be given to the owner of the building or premises to carry out the retrofitting works.

New section 21D allows the Commissioner of Building Control to require retrofitting works for any other dangerous air-conditioning units.

New section 21E provides in the main body of the Act an existing requirement that the trained worker shall, upon completion of the installation or retrofitting works, submit a properly completed installation report to the Commissioner of Building Control.

The penalties for any person who contravenes section 21B(1), 21C, 21D or 21E(1) are prescribed in new section 21F of the Building Control Act. Under this section, any person who contravenes or fails to comply with the said provisions shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding six months or to both.

Clause 5 allows the Minister to make regulations in relation to the installation and retrofitting works for air-conditioning units. The Minister can also make regulations stipulating the duties and responsibilities of the trained workers in carrying out their works.

Consequential amendments are made under clause 6 of the Bill, which tidies up the references to air-conditioning units made under the existing Schedule to the Act.

In conclusion, the Bill is necessary to protect the general public from the potential injury that could be caused by falling air-conditioning units. Although we could also let the problem resolve itself as the older air-conditioning units mounted on wooden frames break down and are replaced by new and better supporting structures, we are concerned that further accidents might occur. The Bill is thus introduced to accelerate the replacement process and ensure a safer environment, especially in the HDB estates where many air-conditioning units mounted on wooden frames still exist today.

Sir, I beg to move.

Question proposed.

Mr Lew Syn Pau (Kreta Ayer-Tanglin): Mr Speaker, Sir, I rise to support the Building Control (Amendment) Bill 1999.

First of all, I commend the Government for taking proactive action on the subject of falling air-conditioning units in HDB estates before anybody is injured. We are told that these incidents have occurred because the wooden frames that the air-conditioning units were mounted on have decayed over the years. Such decay of wooden frames is not surprising, given the kind of hot and wet weather we have in Singapore.

I have a few queries and clarifications to make regarding the main features of the Bill. In new section 21B, the Bill requires such air-conditioning units to be installed by a trained worker. The Bill does not give details about the pre-requisites or qualifications for such a trained worker, except that he is a person who holds a certificate issued by the BCA. Would this be linked to any NTC qualification later to make the requirement more clear and transparent? What is the number of trained workers that we have in the industry right now? Would there be enough trained workers so as to keep such installation works at reasonable price levels?

Section 21C also says that the installation will use "such material as may be prescribed." Given that wood is not suitable in such a climate, what will be the new acceptable materials that can be used in its place? I believe that this is not given in the Bill. Can the Bill be a bit more specific on this matter?

Apart from the deterioration of timber frames, I understand that the brackets can also corrode and give way, posing the same danger to residents. Will the Building Commissioner consider requiring building owners to inspect and maintain air-conditioners and their mountings on a regular basis?

The Bill does not seem to address the issue of service or maintenance of air-conditioning units after installation. Obviously, apart from having the units installed securely, they should also be installed in a manner that allows them to be serviced safely. There should be adequate provision for working space to prevent incidents of falling tools and components as well as to ensure that the worker can attend to the unit without exposing himself to undue danger. The design of such air-conditioning units should also incorporate devices that allow for proper installation. The Building Control Authority may want to seek the assistance of the PSB and the product design of such air-conditioners.

Sir, I am given to understand that apart from incidents of falling air-conditioning units, there have also been instances of falling casement windows in HDB flats. They pose an equally severe threat to the safety of residents. Would the Commissioner of Buildings consider imposing similar legislative control regarding the proper installation and maintenance of such windows?

With these comments and queries, I support the Bill.

Mr Kenneth Chen Koon Lap (Hong Kah): Mr Speaker, Sir, I support the Bill.

I think it is timely to introduce some control on the fixing of air-conditioners in HDB estates. It is indeed a frightening thought of an air-conditioning unit falling down from a 10-storey flat and hitting someone below. The accident is bound to be fatal. The requirement for the installation of an air-conditioning unit by trained workers is a move in the right direction. However, that alone will not be able to ensure that the unit is installed according to the required specifications, notwithstanding that a report has to be made after the installation. Some form of inspection has to be made in order that the installation requirement be followed. I think the HDB and town councils are in the best position to provide this safeguard.

Sir, I would like to take this opportunity to request the Senior Parliamentary Secretary to consider looking into two other aspects, apart from ensuring the structural soundness of the installation of air-conditioners. First, noise pollution. Very often, air-conditioners, if not properly fixed or due to its age and lack of maintenance, will generate tremendous noise and vibration. This will invariably be a nuisance to the adjoining flats, especially to those without air-conditioners and have to sleep with their windows open.

Secondly, drainage problem. A lot of air-conditioning units are not provided with proper drainage, ie, provision of a tray to drain off water, resulting in water splashing onto the flat below them, especially units which are not properly maintained. I hope that some form of control and regulatory measures are introduced to address these two very widespread problems.

Sir, I support the Bill.

Mr Goh Choon Kang (Marine Parade): Mr Speaker, Sir, I highlighted this issue during the Budget debate last year, and asked the Ministry to do something about it. The then Parliamentary Secretary, in his response, had indicated that the Building Control Authority would look into the possibility of legislating the requirements for window air-conditioning units installed in high-rise buildings. Sir, it was sheer luck that in all the eight cases of falling air-conditioning units, no one was injured or killed. I therefore welcome this Bill as it will help to enhance the safety of living in a highrise environment. However, I have some clarifications to seek from the Senior Parliamentary Secretary.

Section 21B requires a trained worker to fix the work. A "trained worker" means a person who holds a certificate issued by BCA. My question is: will experienced service providers who are without formal education or training be also considered for the certificate?

Secondly, the Bill also requires that only approved materials can be used. Are there any other approved materials, apart from stainless steel, mentioned by the Senior Parliamentary Secretary just now?

Thirdly, there are about 60,000 such units with wooden frames. If we spread over a period of 12 months, each month an average of about 5,000 units need to be retrofitted. Can the Ministry assure that owners would not have difficulty meeting the deadline?

Mr Ang Mong Seng (Bukit Gombak): (In Mandarin): Sir, I support this Amendment Bill to ensure safe and proper installation of air-conditioners in HDB estates. However, I have a few suggestions for the consideration of the Senior Parliamentary Secretary.

The new Amendment Bill provides that air-conditioners be installed only by trained workers. I feel that we should go one step further to stipulate that installation work should be carried out only by registered companies, for better protection to the flat-owners. The HDB should also carry out a proper inspection after the air-conditioners are installed. A sticker can then be affixed to the air-conditioner to certify that it has been properly installed according to the specifications laid down by the HDB. This may help to solve the problems of noise pollution and water drainage due to improper installation.

Secondly, we must ensure that the installations are not carried out without prior approval from the authority. I have received complaints during my meet-the-people sessions that contractors employed by the flat-owners to install the air-conditioners did not make a formal application to HDB as required, before they commenced work. Some even proceeded to install the air-conditioners without obtaining the necessary approval. Later on, when the flat owners were to resell their flats, they will encounter problems, as their air-conditioners would be deemed to be unauthorized installation. If there are stickers affixed on the air-conditioners, these problems would not arise.

Because of the rising standard of living in Singapore, more and more residents, especially the new flat owners, are having air-conditioners installed. I hope that in designing the new HDB flats, the architects could make provision for air-conditioners to be installed in such a way as to give the flat owners and technicians access to the air-conditioners to facilitate easy checking, servicing and maintenance of the said air-conditioners. As most air-conditioners are now installed outside the windows or on the external walls, flat owners find it very difficult for them to inspect or service the air-conditioners, and it is very dangerous too. They have to bend out of the windows to do it. If they are not careful, it is not the air-conditioners but the persons themselves will be falling over. This is a very important matter of safety to consider.

According to the Senior Parliamentary Secretary, at the moment some 65,000 units of air-conditioners are being mounted on wooden frames, and the flat owners are required to replace the wooden frames with stainless steel frames within one year. Will there be enough contractors to carry out the retrofitting work of all these 65,000 air-conditioners within one year? Will this result in a steep rise in the cost?

In the case of housing estates which have been selected for the SERS scheme, the residents will have to move out soon. Can the Ministry exercise some flexibility in dealing with these cases? Since they are moving out very soon, there is no need for them to spend extra money to retrofit the installation of air-conditioners. But we must of course ensure that the existing wooden frames are still in good condition. I hope the Senior Parliamentary Secretary will consider my suggestions.

Mr Low Thia Khiang: Sir, one of the major causes of air-conditioning units falling off is the deterioration of the air-conditioning unit over time. But we must not forget that these wooden frames were installed by HDB. They were provided for when the owners moved in. HDB, as a developer, provides such wooden frames. I wonder whether the Bill should also require developers (both HDB and private developers) to provide air-conditioning frames from materials which would not deteriorate over time, and thus cause a potential danger in the future. I wonder whether HDB has a moral responsibility to replace the existing wooden frames in HDB estates. Do not forget, Sir, it is not only those who install air-conditioning units on wooden frames that cause the problem, but the frames themselves cause a problem as well for those who do not have an air-conditioning unit. This is because as the wooden frame deteriorates, there is the problem of water leakage which they have to solve. I would urge the Senior Parliamentary Secretary to consider whether HDB would replace the wooden frames as a matter of goodwill, as a one-time basis.

Assoc. Prof. Koo Tsai Kee: Mr Speaker, may I take the last question first in answer to Mr Low Thia Khiang. HDB did provide some HDB flats with wooden frames to facilitate the owners to put in their window air-conditioning units. These wooden frames were placed on a goodwill basis because there were requests prior to HDB's guesture. In the past when HDB did not provide the frames, owners had to hack a big hole to insert the air-conditioning unit into the hole. Then they have to fix the air-conditioning unit into the hole by inserting wooden frames on the four sides.

HDB is unable and will not replace the wooden frames for the flat owners because this was done on a goodwill basis. Any wooden frame that has deteriorated over time should be replaced by the owner. Once the owner takes over the apartment, it is the owner's responsibility for maintaining all the internal fixtures within the flat.

Having learnt the lesson, what is HDB doing now? For the new generation flats, HDB is putting them in the service balconies. If you look at the new generation flats, you will find that there is a service balcony where owners can put in their split condensers. At the same time, HDB has also explored areas within the wash areas. We have put in the ledgers with railings to mount the air-conditioners. This is to facilitate replacement. So HDB has progressed ahead and we are now tackling a problem that is actually rooted in the past. We are asking the owners to look at their wooden frames and take the effort to change these wooden frames within one year.

Is one year sufficient time to change all the 65,000 air-conditioning units, of which 45,000 are in HDB flats and 20,000 in private estates? We have a pool of 4,000 trained workers certified to install steel brackets on to these existing air-conditioning units. We have an existing problem of 65,000 air-conditioning units. So there should be enough time. We have 4,000 workers and we expect more workers to be trained.

What is the qualification of a worker? It is not very high because it is a very simple task actually. We require a person to take a test. If he says he is qualified, he has the skills but he has no certificate, we will require him to take a test. If he says, "I do not know how to do the installation", then he undergoes a course. The course is 17 hours conducted by BCA at the Construction Industry Training Institute at Braddell Road. The course fee is $410 per participant and we conduct the classes in Mandarin or English, or if there is enough critical mass of about 24 students, it can be conducted in any dialect or language. Companies can sponsor their workers for this course. They can pay a one-time fee of $9,840 for one class organised for a company. We have settled the problem whether there is sufficient time. The answer is yes. Are there enough workers? The answer is also yes.

What is the best approved material? At this point in time, we think stainless steel is the best material. That will be in the subsidiary legislation. Stainless steel is relatively cheap, readily available and easily installable.

Mr Kenneth Chen talked about noise pollution problem. Yes, it is indeed a problem. As the air-conditioning unit ages, the noise level does go up. I will refer the problem to the Ministry of the Environment. They have a Noise Pollution Unit which monitors the noise level of air-conditioning units and other industrial machineries.

As regards drainage problem, before HDB allows an air-conditioning unit to be installed, the person who installs the air-conditioning unit must satisfy HDB that the drainage problem is solved before we issue a permit for the air-conditioning unit to be installed. I do not think this is a serious problem. But at the MUP stage where old flats are undergoing MUP, various MUP committees have tackled this problem systematically and some of them actually put a pipe all the way down from the top floor to the bottom floor so that the window air-conditioning units can be connected to such an improvised down pipe. But this is a system solution which can only come about when there is a MUP. But for individual cases, they have to solve it within the unit. Usually, what they do is that they bring the pipe back into the bathroom or into the toilet.

On Mr Ang Mong Seng's question, he suggested that we should not license the workers but we should license the companies. It is difficult to license the companies. In any case, it is not a very difficult job to install steel brackets to window air-conditioners. If we license companies alone, I think it will be making a big deal out of a small problem. In any case, there will not be enough companies. We have 4,000 workers. We do not have 4,000 companies. And we have set a time limit of one year because we think that while the problem is not severe enough, there is a possibility that one or two air-conditioners might fall off in the one-year period. So we want to be very safe, we want to make sure the problem is solved in as short a time as possible, and we want to allow a qualified competent person to do the job. I think a trained worker with a certificate from BCA can do the job. In any case, companies come and go, and there is no assurance either.

Mr Ang Mong Seng suggested that after the completion of the job, the trained worker or the company should stick a label there to certify that the job has been done satisfactorily. I will pass this back to the BCA and HDB to ask them to consider. But, off my head, I think that the sticker solution may not be a fool-proof solution because you can always tear off a sticker or you can stick on a fixed sticker. But anyway it is one area we can look at and I will ask the authority to look at it.

Exemption for flats undergoing MUP and IUP is something that I will talk to HDB and we will see what we can do. The Member was suggesting that flats which have been targeted for SERS should be exempted. A SERS programme takes five years from announcement to completion. So five years is a very long time. If it is for SERS, I would be very reluctant to exempt them because it is a long time. Because when we announced, for example, the en-bloc redevelopment at Hillview this year, it will take some time for the residents to be physically relocated to the new location. So in five years' time anything can happen. But the Member's area is a new area, so probably steel brackets are already in place. But anyway I will ask HDB to look at it. But off my head I think we should think through this again. For MUP, maybe we can look at it. MUP could take two to three years. The time-frame is much shorter. But in any case, if the wooden frame needs to be changed, it has to be changed, and I think we should not compromise on safety.

I think I have answered all the questions. If I have not, please remind me.

Mr Low Thia Khiang: Mr Speaker, may I clarify with the Senior Parliamentary Secretary.

The Senior Parliamentary Secretary in his answer says that the wooden air-conditioning panel and the opening were provided by HDB on a goodwill basis. But I wonder whether all owners would want this goodwill in the first place because I notice a lot of them do not use the air-conditioner opening provided. Either the position is not correct or it is going to cause problems to them because of noise nuisance. But bear in mind that this is initially a goodwill. When the Bill is passed, it becomes a "bad will", because if you do not do anything to it and it drops off, it is your responsibility, and you are going to be punished under the Act. So when the goodwill becomes a problem, would the HDB not be responsible to at least help to facilitate the owners with this goodwill provided by helping them to solve the problem? So can we have another goodwill from the HDB to replace the wooden air-conditioning panel?

Mr Goh Choon Kang: Sir, just a point of clarification. Can the Senior Parliamentary Secretary tell us how much does it cost to replace a wooden set into a stainless steel set?

Assoc. Prof. Koo Tsai Kee: The cost to replace the wooden frame with stainless steel brackets is very small. It is about $200 to $250. That includes labour and parts. It will only take a few hours.

Back to Mr Low's problem. He said that many flat owners do not use the wooden window frame. If they do not use the wooden frame, that means there is no air-conditioning unit there and the air-conditioner cannot fall off. So there is no problem. But if they do use the window frame to put an air-conditioning unit there, then they have used up the goodwill, in which case if the wooden frame were to rot, then the owner must replace the wooden frame with steel brackets.

Mr Low Thia Khiang: Leakage.

Assoc. Prof. Koo Tsai Kee: As a flat ages, there will be minor problems. Just like when we age, we will have minor ailments. It is not for the Government to treat us. We must treat ourselves. Similarly, you live in a flat, you cannot expect HDB to go in and fix every small little problem. Over time, rubber seals will drop off, doors will not hang well, things like that. Deterioration of these things is normal over time.

Mr Goh Choon Kang: I am not sure whether the amount quoted by the Senior Parliamentary Secretary is a reasonable one because I did check with Prof. Low Seow Chay just now. And he told me it costs only about $100.

Mr Ang Mong Seng: Sir, just now I proposed that stickers be provided by HDB and not by a trained worker. Because after installation, I think the HDB should send their staff to make an inspection to make sure that everything is installed according to the standard. The stickers should be provided by HDB and not by the trained worker.

Assoc. Prof. Koo Tsai Kee: $100 is a good deal. We are talking about good stainless steel. Anyway, the figure I have is about $200 to $250, including labour and parts.

After the installation, Mr Ang suggested that HDB should inspect the installation and then certify it. I will ask HDB to look at it. But I think it is really unnecessary. What is the purpose of certifying the worker? We have trained the worker and certified him. It is a relatively simple job, and to ask the HDB Branch officer to go and look at it again is providing 200% redundancy. No building authority in the world legislates the installation of air-conditioning units. So we are almost a first here but partly because we have got too many high-rise apartments. But I think it is a very simple problem. In any case, if an air-conditioner is inserted into a hole, by itself it will not drop because there is a fulcrum and friction effect. In the case where the hole is too big, you put in a wooden frame to make the hole smaller, again there is a fulcrum effect, and the window does not fall off. Now we are saying we put steel brackets to reinforce that installation and fix the steel brackets onto the wall, we are providing already 100% redundancy on top of the wooden frame support. I think with the steel bracket installation, the window unit should not fall off at all. Anyway, I will take the Member's suggestion. I will ask HDB to look at whether it is implementable or not. But I think it is really unnecessary.

Mr Low Thia Khiang: Mr Speaker, Sir, how about the casing of the air-conditioner that is corroded? The owner has failed to maintain it and the whole motor can fall out as well. Is that covered under the Bill?

Assoc. Prof. Koo Tsai Kee: Mr Speaker, Sir, anything the owner puts up, the owner must bring down before it hits somebody's head.

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. - [Assoc. Prof. Koo Tsai Kee].

Bill considered in Committee; reported without amendment; read a Third time and passed.