On 25/05/2013,
you requested for the version in force on 25/05/2013
incorporating all amendments published on or before 25/05/2013.
The closest version currently available is that of 01/12/2012.
28.
—(1) Subject to subsection (2), the Commissioner of Building Control may, by notice served on the owner of a building to which this Part applies, require the building to be inspected.
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(2) In relation to any building to which this Part applies, a notice under subsection (1) may be made —
(a)
where the building (other than a special building) is used other than solely for residential purposes — after the fifth year commencing from the date the first temporary occupation permit or first certificate of statutory completion was issued in respect of the building, whichever was issued earlier, and thereafter at intervals of not less than 5 years from the date of the last notice under this section; or
(b)
where the building is a special building or is used solely for residential purposes — after the tenth year commencing from the date the first temporary occupation permit or first certificate of statutory completion was issued in respect of the building, whichever was issued earlier, and thereafter at intervals of not less than 10 years from the date of the last notice under this section.
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(3) Every owner of a building to which this Part applies shall, on receipt of a notice under subsection (1), cause the building to be inspected within the period specified in the notice and in the prescribed manner by a structural engineer appointed by the owner.
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(4) Where a building comprising 2 or more flats is not subdivided and there are subsisting leases for those flats registered under the Registration of Deeds Act (Cap. 269) or the Land Titles Act (Cap. 157), the owners of those flats shall, on receipt of a notice under subsection (1), jointly appoint a structural engineer to inspect the building within such time as may be specified in the notice and in the prescribed manner.
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(5) The structural engineer who is appointed by the owner of a building to carry out an inspection of a building under this section shall be entitled at all reasonable times to full and free access to the building and any part thereof he is required to inspect.
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(5A) Any person who hinders, obstructs or delays the structural engineer in the performance of his 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 during which the offence continues after conviction.
(6) A structural engineer appointed to carry out an inspection of a building under this section shall —
(a)
carry out the inspection in the prescribed manner;
(b)
on completion of the inspection, prepare and sign a report of the result of the inspection; and
(c)
serve a copy of the report on the Commissioner of Building Control within such period as the Commissioner of Building Control may specify in the notice under subsection (1).
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(7) Where the report of the result of the inspection of a building prepared under subsection (6)(b) contains any measure or other building works recommended by the structural engineer to be carried out to ensure the structural stability or integrity of the building, the owner of the building shall, within such period and subject to such conditions as may be specified by the Commissioner of Building Control, carry out such measure or building works as is recommended by the structural engineer in the report.
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(8) Any owner of a building who contravenes or fails to comply with a notice under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000.
(9) Any owner of a building who 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, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both, and in respect of a continuing contravention, to an additional fine not exceeding $500 for each day or part thereof during which the contravention continues, and if the contravention 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 $2,000 for every day or part thereof during which the contravention continues after conviction.
[18/95]
(10) Any structural engineer who contravenes or fails to comply with subsection (6)(a), (b) or (c) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000.
(11) The Minister may, by order, provide for the application of this section with such adaptations or modifications as may be specified therein to buildings in respect of which no certificate of fitness for occupation has been issued under regulations made under the repealed Act.