Mr Speaker Sir, I beg to move, “That the Bill be read a second time.”

Need for Legislation on Exterior Features

2 Sir, I raised concern over the danger posed by falling windows on several occasions in Parliament this year. The incidence of falling windows has increased dramatically in the last four years – from 19 cases in 2000 to 106 cases in 2003. Despite the increased publicity and effort to raise public awareness, the situation has not improved. Another 65 incidents of fallen windows were reported in the first six months of this year. So far, we have been lucky that no one had been seriously injured or killed by any falling window.

3 We have to act quickly to curb the danger to lives posed by dislodged windows, air-cons, tiles or any external parts of buildings falling from a height in our predominantly high-rise environment. My Ministry, therefore, proposes to amend the Building Control Act to address upstream the design and installation of exterior features of buildings, including windows.

4 Sir, I will now elaborate on the proposed amendments in greater detail.

Regulation of Exterior Features To Ensure Public Safety

A General Legislative Framework

5 This Bill proposes to amend the Building Control Act to provide a general legislative framework for the Minister to prescribe minimum performance standards of installation and to order the retrofitting of specific exterior features of buildings to meet these standards.

6 “Exterior features” are those that are either permanently installed on, or forms part of, or projects outwards from the roof or exterior of a building. These include windows, air-conditioner units, claddings and curtain walls.

Order to Retrofit

7 Part III of the current Act, containing detailed provisions for the installation and retrofitting works for air-conditioning units, will be repealed. It will be replaced by a provision to enable the Minister to make orders, where necessary, for the “person responsible” to retrofit specific exterior features of buildings to the minimum standards within a grace period.

8 This new provision will not apply to:

a) The exterior features installed in landed properties within private compounds, as they are not accessible to the public; and
b) The exterior features installed on the lowest level of a building, i.e. the ground floor in most cases, as they do not pose danger to public safety.

9 The detailed legislation for the installation and retrofitting of air-conditioning units will be moved to the Building Control Regulations.

“Person Responsible”

10 Sir, the Bill specifies the “person responsible” for the prescribed exterior features as someone who has charge of their maintenance or daily control. This means the owners of all buildings/premises, except in the following situations:-

a) Where the exterior features are part of the common property of a HDB flat, the Minister will designate HDB or the relevant Town Council to be responsible for the installation/retrofitting of each regulated exterior feature.

In general, if the exterior feature is installed by the Town Council, it would be responsible for the retrofitting of the feature should the need arise. For example, estate block number signages and additional decorative roof features.

b) Where the exterior features are part of the common property of a strata development, the Management Corporations (MCs) involved would be responsible as they have charge over their maintenance.

11 Where windows, grilles and shutters are concerned, the owners of units would have to be responsible for the proper installation of these items, as they would normally have charge over their use, maintenance and control. This includes the owners of commercial buildings, lessees of HDB flats, and subsidiary proprietors in condominium developments.

Authorized Person/Firm to Carry Out Works

12 Sir, prescribing the standards for an exterior feature alone is not sufficient to ensure safety. We also need to ensure that the “person responsible” engages someone who is qualified to undertake the retrofitting or installation.

13 The Bill therefore makes provision to allow the Minister to stipulate the required qualifications of the person/firm authorized to carry out such works.

Penalty for Non-Compliance with Retrofitting Orders

14 Failure to comply with any retrofitting order will be an offence, liable to a maximum fine of $5,000 or imprisonment not exceeding six months or both. To deter continuing non-compliance, a fine of $500 may be imposed on the “person responsible” for the exterior feature for each day that the offence continues after conviction.

Window Legislation

15 Sir, upon this Bill being passed in Parliament, the Minister will prescribe the minimum standards for the design and installation of windows.

16 All newly installed windows will have to meet the requirements in the Singapore Standard SS212 for Aluminium Alloy Windows. This is the current standard adopted by the industry.

17 Next, existing casement windows in residential buildings, fitted with aluminium rivets, will be required to be retrofitted with stainless steel rivets. Starting from 1 October this year, a 12-month grace period will be granted for the retrofitting exercise. Windows that have been installed for 5 years or more will have to be retrofitted.

18 The retrofitting requirement will apply only to existing casement windows in residential buildings. Non-residential buildings will be exempted. This is because most of the reported cases of fallen windows involved casement windows of residential buildings. Non-residential buildings also normally have regular maintenance programmes to ensure that the buildings, including windows, are in good condition.

19 Notwithstanding the grace period or the exemptions, I strongly urge all owners to retrofit their windows as soon as possible, in the interest of public safety.

20 All installation and retrofitting of windows must be carried out by contractors approved by the Building and Construction Authority (BCA). BCA will register these approved contractors under the existing Contractor Registry System (CRS). We will make available the list of approved contractors to the public before 1 October this year.

21 Nevertheless, if the residents wish to retrofit their windows before the legislation is made effective, they can obtain a list of HDB trained window contractors from their Branch Office or from HDB’s Infoweb. These contractors have undergone the necessary training by HDB and are competent to carry out the retrofitting of windows.

22 To keep the retrofitting cost low, BCA and HDB will work with managing agents for private housing estates and Town Councils respectively to do en-bloc retrofitting wherever possible.

Other Amendments

23 Sir, apart from the amendments related to exterior features, my Ministry is also proposing other amendments to provide for more effective administration of the Building Control Act.

Periodic Inspection of Buildings

24 Currently the Act requires owners of commercial buildings to carry out periodic inspections at 5-yearly intervals and residential buildings at 10-yearly intervals, after obtaining their Certificates of Statutory Completion (CSCs). The purpose of the inspections is to ensure that structural defects can be detected and rectified early, in order to keep our buildings structurally sound. This is particularly important as our buildings age over time, and wear and tear set in.

25 However, some buildings may not obtain their CSCs for several years after obtaining their Temporary Occupation Permits (TOPs). Hence, the Bill proposes to amend the Act so that the first structural inspection will be conducted at the specific number years after obtaining the TOP or CSC, whichever is earlier.

Composition Fine

26 The Building Control Act and the Building Control Regulations are aimed at protecting public safety. To provide greater deterrence against contravention of the Act and the Regulations, the Bill proposes to raise the cap on composition fine from $400 to $2,000.

Conclusion

27 Sir, this Bill will provide a framework for regulating upstream the design and installation of exterior features of buildings. Where necessary, the Minister will issue orders to require specific exterior features to be retrofitted to the required standards to ensure public safety.

28 However, I must stress that the owner needs to make the effort and continue to properly maintain these exterior features after they have been installed or retrofitted.

29 My Ministry will introduce provisions in the Building Maintenance and Management Bill (BMMB) that is currently being considered by a Select Committee, to require external features to be properly maintained.

30 Mr Speaker, Sir, I beg to move.

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