23.
—(1) If the Commissioner of Building Control is of the opinion that any building works are being carried out in such a manner as —
(a)
will cause, or will be likely to cause, a risk of injury to any person or damage to any property;
(b)
will cause, or will be likely to cause, or may have caused a total or partial collapse of —
(i)
the building in respect of which the building works are or have been carried out; or
(ii)
any building, street or natural formation opposite, parallel, adjacent or in otherwise close proximity to those building works, or any part of any such building, street, slope or land; or
(c)
will render, or will be likely to render, or may have rendered the building in respect of which the building works are or have been carried out or any building, street, slope or natural formation opposite, parallel, adjacent or in otherwise close proximity to those building works, or any part of any such building, street or land, so unstable or so dangerous that it will collapse or be likely to collapse (whether totally or partially),
the Commissioner of Building Control may do either or both of the following:
(A)
engage a qualified person or a specialist to carry out such investigations and tests as may be necessary and to advise the Commissioner of Building Control on all matters relating to the safety of the building in respect of which the building works are or have been carried out or the building, street, slope or natural formation opposite, parallel, adjacent or in otherwise close proximity to those building works, as the case may be, the reasons for its collapse (if applicable) and the measures that should be taken to obviate any possible danger that might arise from the condition of the building;
(B)
make all or any of the orders in subsection (2).
(2) The Commissioner of Building Control may, for the purpose of obviating any danger or preventing any situation referred to in subsection (1)(a), (b) or (c) from happening, order the developer of those building works —
(a)
to immediately stop the building works;
(b)
to carry out or cause to be carried out (at the developer’s cost) such inspection as the Commissioner of Building Control may specify of either or both of the following:
(i)
the building in respect of which the building works are or have been carried out;
(ii)
the building, street, slope or natural formation opposite, parallel, adjacent or in otherwise close proximity to those building works;
(c)
to execute or cause to be executed (at the developer’s cost) such building works as the Commissioner of Building Control may specify (which may include retrofitting under Part III); or
(d)
to demolish or cause to be demolished (at the developer’s cost) the building in respect of which the building works are or have been carried out or any part thereof, and remove any rubbish resulting from the demolition.
(3) Where the building works referred to in subsection (1) comprise structural works, the Commissioner of Building Control may, in lieu of or in addition to any engagement or order in subsection (1) or (2), revoke any permit granted under section 6 to carry out those structural works.
(4) If the person to whom an order in subsection (2) is given fails to comply with the order within the time specified, the Commissioner of Building Control may execute the order in such manner as he thinks fit and recover in a court of competent jurisdiction as a debt due to him all expenses reasonably incurred by him in doing so from the person in default.
(5) Without prejudice to the right of the Commissioner of Building Control to exercise his powers under subsection (4), any person who, without reasonable excuse, fails to comply with any order in subsection (2) that the person is given shall be guilty of an offence and shall be liable on conviction to —
(a)
where the order is to immediately stop the building works —
(i)
a fine not exceeding $500,000 or imprisonment for a term not exceeding 2 years or both; and
(ii)
in respect of a continuing failure to comply, an additional fine not exceeding $10,000 for each day or part thereof the person fails to comply with the order; or
(b)
in the case of any other order in subsection (2) —
(i)
a fine not exceeding $100,000 or imprisonment for a term not exceeding 12 months or both; and
(ii)
in respect of a continuing failure to comply, an additional fine not exceeding $2,500 for each day or part thereof the person fails to comply with the order,
and if the failure to comply continues after the conviction, the person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding —
(A)
where the order is to immediately stop the building works — $20,000 for each day or part thereof the person fails to comply with the order after conviction; or
(B)
in the case of any other order in subsection (2) — $5,000 for each day or part thereof the person fails to comply with the order after conviction.
(6) Any person to whom any order in subsection (2) is given shall, while the order is in force, display a copy of the order at every entrance to the building to which the order relates, and such copy shall be displayed in a way that it can be easily read by people outside the building.
(7) Any person who contravenes subsection (6) shall be guilty of an offence.
(8) The Commissioner of Building Control may also order the developer of the building works concerned to pay or reimburse the Commissioner of Building Control, all or a specified part of the expenses he has incurred in engaging a qualified person or a specialist under subsection (1) (A).
(9) The Commissioner of Building Control may recover in a court of competent jurisdiction as a debt due to him so much of the amount payable under an order made under subsection (8) as is not paid in accordance with that order.
(10) Any person on whom an order under subsection (8) is served may, within 14 days after the date of receipt of the order, appeal in writing to the Minister against the order in the prescribed manner.
(11) The Minister may determine an appeal under subsection (10) by confirming, varying or cancelling the order of the Commissioner of Building Control under subsection (8); and the decision of the Minister in any such appeal shall be final.
[47/2007 wef 15/02/2008]