Disability and other performance requirements for buildings
[47/2007 wef 15/02/2008]
—(1) In this Part, unless the context otherwise requires —
“building” does not include a temporary building;
“performance requirement” means a performance requirement in the building regulations that —
is to facilitate the access to, and use of, a building and its facilities by persons with disabilities; or
is prescribed in the building regulations for the purposes of this Part;
“person with disability” means an individual who has an impairment of hearing or sight, or an impairment which limits his ability to walk, or which restricts him to using a wheelchair;
“physical feature”, in relation to a building, includes the following physical features (permanent or temporary):
any feature arising from the design or construction of the building;
any feature of any approach to, exit from or access to such a building;
any fixtures, fittings or facility in or on the premises of the building; or
any other physical element or quality of the land on which the building stands.
(2) A physical feature of a building satisfies the relevant performance requirement for the purposes of this Part where the physical feature is constructed or installed in or in connection with the building in accordance with the performance requirement that —
is relevant in relation to that physical feature; and
is in effect at the following time:
the day upon which the works to construct or install the physical feature started; or
in the case of a physical feature provided as part of building works to which Part II applies, the day a certificate of statutory completion is issued in respect of the building on the completion of those building works.
(3) For the avoidance of doubt, this Part shall apply to the physical features of any building, whether constructed before, on or after the commencement of section 4 of the Building Control (Amendment) Act 2007.
—(1) Every owner or occupier of a building shall not remove, alter or obstruct, or cause the removal, alteration or obstruction of, any physical feature of the building where —
the physical feature satisfies the relevant performance requirement for the purposes of this Part; and
the removal, alteration or obstruction will cause the physical feature to cease to satisfy the relevant performance requirement.
(2) Where, in the opinion of the Commissioner of Building Control, any physical feature of a building referred to in subsection (1)(a) has been removed, altered or obstructed so as to cease to satisfy the relevant performance requirement, the Commissioner of Building Control may, by notice in writing, require such repairs, work or alteration to the physical feature or the building or other remedial action as he thinks fit to be carried out to reinstate the physical feature so as to satisfy the relevant performance requirement.
(3) A notice to reinstate under subsection (2) shall specify —
the manner in which the repairs, work, alteration or remedial action specified in the notice is to be carried out;
the time within which the repairs, work, alteration or remedial action shall commence;
the time within which the repairs, work, alteration or remedial action shall be completed; and
that the repairs, work, alteration or remedial action shall be carried out with due diligence to the satisfaction of the Commissioner of Building Control.
(4) A notice to reinstate under subsection (2) shall be made in respect of any building or any physical feature thereof and shall be served —
on the owner of the building;
where that owner is not known or cannot be found by reasonable inquiry, on the occupier of the building;
in the case of a physical feature comprised in any common property or limited common property of any subdivided building, on the owner thereof; or
in the case of a physical feature comprised in any common property of residential or commercial property in any housing estate of the Housing and Development Board —
on the Town Council receiving any rent or charge for the maintenance of that common property; or
where there is no Town Council with the function and duty to maintain that common property, on the Housing and Development Board.
(5) If any person on whom a notice under subsection (2) is served fails, without reasonable excuse, to comply with the requirements of that notice, that person 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 3 months or to both;
to a further fine not exceeding $250 for each day or part thereof the person fails, without reasonable excuse, to comply with the requirements of that notice; and
in the case of a continuing offence after conviction, to a further fine not exceeding $500 for every day or part thereof during which the failure to comply continues after conviction.
—(1) Any person on whom a notice to reinstate under section 22E(2) is served may, within 21 days after the date of receipt of the notice, appeal in writing to the Minister against the notice in the prescribed manner.
(2) Notwithstanding that an appeal is lodged under subsection (1), the notice appealed against shall take effect and be complied with unless otherwise ordered by the Minister.
(3) The Minister may determine an appeal under this section by confirming, varying or cancelling the notice of the Commissioner of Building Control under section 22E(2).
(4) The decision of the Minister in any appeal under this section shall be final.