Building Control Regulations Changes

CHANGES TO THE BUILDING CONTROL REGULATIONS 2003 IN RELATION TO THE CLEARANCES, PERMITS, APPROVALS, NOTIFICATIONS OR CERTIFICATIONS THAT ARE REQUIRED TO BE SUBMITTED TO THE COMMISSIONER OF BUILDING CONTROL FOR TEMPORARY OCCUPATION PERMIT AND CERTIFICATE OF STATUTORY. COMPLETION APPLICATIONS AND THE STANDARDISATION OF TECHNICAL AGENCIES’RESPONSE TIMES FOR INSPECTIONS FOR TEMPORARY OCCUPATION PERMIT AND  CERTIFICATE OF STATUTORY COMPLETION APPLICATIONS

Objective

This circular is to inform the industry of the following:

(a) Changes to the Building Control Regulations 2003 (“BC Regulations”) in relation to the clearances, permits, approvals, notifications or certifications that are required to be submitted to the Commissioner of Building Control (“CBC”) for temporary occupation permit (“TOP”) and certification of statutory completion (“CSC”) applications; and

(b) The standardisation of technical agencies’ response times for inspections for TOP and CSC applications by the Inter-Agency Coordinating Committee (“IACC”). Formalising Requirements for TOP and CSC Applications and Related Legislative

Amendments

2. Upon completion of any building works, the developer is required to make an application to the CBC for TOP or CSC. During such application, the relevant clearances, permits or approvals from the Commissioner of Civil Defence, the Public Utilities Board, the Director General of Environmental Protection, the Land Transport Authority and the Commissioner of Parks and Recreation, are currently required to be submitted to the BCA as part of the CSC or TOP application under Regulations 42 and 43 of the BC Regulations.

3. To formalise current industry practice, the BCA will be making legislative amendments to require the submission of the following clearances, permits, approvals, notifications or certifications to the BCA as part of the CSC or TOP application:

(a) Any clearance issued by the Urban Redevelopment Authority confirming that all the conditions of an approval by an authorised officer under section 10(1), 12(1) or 13(1) of the Common Services Tunnels Act 2018 have been complied with;

(b) Any notification or certification issued by a market support services licensee that it has checked an electrical installation mentioned in regulation 5(1)(b) of the Electricity (Electrical Installations) Regulations (Rg 5) in accordance with the requirements of the Energy Market Authority of Singapore*;

(c) Any approval by the Commissioner of Infrastructure Protection of a certificate of works completion under the Infrastructure Protection Act 2017; and

(d) Any clearance issued by the Urban Redevelopment Authority acknowledging that a declaration has been submitted in accordance with section 24B(4) of the Planning Act 1998.

4. Details of the changes to the BC Regulations are shown in Annex A and such changes  will come into effect on 1 June 2023. Standardisation of Technical Agencies’ Response Times for Inspections for TOP and CSC Applications

5. The IACC was formed in July 2011 as a platform to look at issues related to conflicting regulatory requirements by different technical agencies encountered in construction projects, as well as conflicting policies implemented by different technical agencies, which have an impact on construction productivity. Project parties who encounter such problems can write-in to the IACC Secretariat to facilitate a resolution.

6. As part of our continuous efforts to improve the current processes, the IACC has worked together, and the technical agencies will adopt standardised service standards of responding within 7 working days for inspections for TOP/CSC applications. Please see Annex B for details.

For Clarification

7. We would appreciate if you could convey the contents of this circular to members of your organisation. For clarifications, please contact us through BCA’s Online Feedback Form at https://www.bca.gov.sg/feedbackform/. 

ANNEX A: AMENDMENTS TO THE BUILDING CONTROL REGULATIONS 2003

* Notice of Unit Inspection Completion issued by the Market Support Services Licensee (MSSL), licensed by Energy Market Authority (EMA), is only applicable for all new residential developments excluding residential developments with not more than 10 units/houses. 

# Certificate of works completion issued by Commissioner of Infrastructure Protection is only applicable to Special Infrastructures and Special Developments designated under the Infrastructure Protection Act 2017. Please refer to the Guide for Responsible Person (Annex H) at www.police.gov.sg for details on the application process for the certificate of works completion.

ANNEX B: SERVICE STANDARDS FOR TOP/CSC INSPECTION FOR TOP/CSC

APPLICATION

* More time could be required for complex cases

# LTA may carry out inspections without the QP for selected application types. For such cases, LTA will respond within 7 working days after the inspections have been carried out.

BCA Circular - SS 550 :2020 Requirement

REMINDER: COMPLIANCE WITH BUILDING LAYOUT RELATED REQUIREMENTS IN SS 550:2020

Objective

This circular reminds developers, qualified persons (for building plan), specialist professional engineers (for lifts and escalators) and lift installation contractors on building layout related requirements specified in SS 550:2020 - Code of Practice for Installation, Operation and Maintenance of Electric Passenger and Goods Lifts.

Background

2. For the performance of regular maintenance, inspection, repair or emergency rescue works, lift service personnel would need to access lift machine rooms/machinery spaces.

However, there have been circumstances in which the accessway provided for lift service personnel were too narrow and/or obstructed (e.g. by pipes, services or equipment), or were unsheltered (inadequate protection against rain and lightning). These conditions can hinder the service personnel’s (who may be carrying bulky equipment) performance of their works, especially during emergency situations.

Compliance with requirements on building layout related requirements in SS 550:2020

3. In January 2021, BCA issued a circular to inform that, with effect from 1 July 2021, any lift proposed in a project whose first set of plans is submitted to the Commissioner of Building Control for approval under the Building Control Act on or after this date would be required to comply with SS 550:2020. Please refer to the circular at https://www1.bca.gov.sg/docs/defaultsource/docs-corp-news-and-publications/circulars/circular-on-adoption-of-ss-550-2020.pdf.

4. Besides the design and installation of lifts, the SS 550 also covers requirements which are related to the building layout in areas of the lift shafts, machine rooms and roof access (if the machine room is located there). In particular, we would like to highlight the following requirements relating to access to the lift machine room. See Annex A for the list of building layout-related requirements in SS 550.

• Sheltered passageways providing access to machine rooms/machinery spaces shall be of clear width of at least 1m and clear height of at least 2m;
• Safety railings shall be provided along the passageways if the passageways are less than 1.5m away from the edge of the roof/building; and
• Access between a machine room/machinery space and the floor below should be by staircase. When a staircase cannot be provided, a ladder can be used where the height between a machine room/machinery space and the floor below is not more than 4m. For use of a ladder that is more than 3m in height, fall protection shall be provided.

5. Such requirements should be considered and provided for upfront in the building plan to avoid unnecessary abortive works and delays downstream when the building is almost completed.

6. During our recent audit of building plans of the projects which were subject to paragraph 3 above, it was found that some of these projects had not complied with the requirements in SS 550. Consequentially, there were unnecessary delays to the approval for the applications for Permit-to-Operate for the lifts as the qualified persons sought to regularise the noncompliances.

7. The Building and Construction Authority (“BCA”) would thus like to remind the industry to take note of the building layout related requirements in SS 550 and ensure that their projects comply with these requirements upfront. Please do not to leave the issues to be addressed at the installation stage of the lifts.

Feedback and Clarification

8. For further information, feedback or clarification, please submit your enquiry through BCA’s Online Feedback Form at https://www.bca.gov.sg/feedbackform or call us at (65)1800-342 5222 (1800-DIAL BCA).

Annex A

Clause 5.2.2 of SS 550:2020- Access to well and to machinery spaces and pulley rooms

5.2.2.1 The well, machinery spaces and pulley rooms and the associated working areas shall be accessible. Provisions shall be made to allow access to spaces other than the car interior only to authorised persons.

See also Annex D.

5.2.2.2 The access way adjacent to any door/trap giving access to the well or to machinery spaces and pulley rooms shall be lit by a permanently installed electric lighting with an intensity of at least 50 lux.

5.2.2.3 If access to the lift for maintenance and rescue purposes is via private premises, then permanent access of authorised persons to the premises and relevant instructions shall be provided.

The building designer/architect/owner shall be aware of the problems of access, fire, entrapment and also of security associated with lifts serving directly into private premises (see 0.4.2 information exchange).

5.2.2.3.1 As a minimum, permanent maintenance access must be provided at the topmost,lowest landings and preferably also at one or more intermediate landings.

5.2.2.4 A means to enter the pit shall be provided consisting of;

a) an access door where the pit depth exceeds 2,50 m;

b) either an access door or a ladder inside the well, easily accessible from the landing door,where the pit depth is not exceeding 2,50 m.

Any pit access door shall comply with the requirements of 5.2.3.

Ladders shall comply with Annex F.

5.2.2.5 A safe access for persons to machinery spaces and pulley rooms shall be provided.

Passageway shall be sheltered with a clear width of 1.0 m and clear height of 2.0 m. Access floor shall be treated such that it is not slippery and safety railings provided along passageway if it is less than 1.5 m from edge of roof/building. For difference in height in the access passageway, this should be effected entirely by way of stairs. In the exceptional case when a conventional staircase cannot be provided, ladders satisfying the following requirements shall be used:

a) the access to the machinery spaces and pulley rooms shall not be situated more than 4 m above the level accessible by stairs; For access over 3 m in height by ladder fall protection shall be provided;

b) ladders shall be fastened to the access permanently or at least by rope or chain in such a way that they cannot be removed;

c) ladders exceeding 1,50 m in height shall, when in position for access, form an angle between 65° and 75° to the horizontal and shall not be liable to slip or turn over;

d) the clear width of the ladder shall be at least 0,35 m, the depth of the steps shall not be less than 25 mm and in the case of vertical ladders the distance between the steps and the wall behind the ladder shall not be less than 0,15 m. The steps shall be designed for a load not less than 1500 N;

e) adjacent to the top end of the ladder there shall be at least one hand hold within easy reach;

f) around a ladder, within a horizontal distance of 1,50 m, the risk of falling by more than the height of the ladder shall be prevented.

BCA Circular -Site Condition for TOP Inspection

REQUIRED SITE CONDITIONS FOR TOP/CSC INSPECTION

Objective

This circular reminds the industry on the required site conditions for TOP/CSC inspections.

Background

The required site conditions for TOP/CSC inspections were earlier communicated to the industry through a circular (reference BCA BC 15.0.3) issued on 12 Jul 2010. Notwithstanding this, we have seen an increase in the number of incomplete sites calling for TOP/CSC inspections prematurely leading to termination of these inspections. These sites would eventually require a re-inspection and add unnecessary workload for both the project teams and government agencies. Calling for a TOP/CSC inspection when not ready, also deprives another completed site from an earlier inspection.

As a recap, appended below are some examples of incomplete work:

a) No safe and proper access to or within the development;

b) Incomplete building works, in relation to:

(i) Safety from falling from height;

(ii) Treads and risers as well as safety barrier of staircases;

(iii) Incomplete basic finishing work which affects TOP/CSC inspection such as measurements of width of corridors and staircases, height of safety barriers, headroom and ceiling height among others;

(iv) Incomplete accessibility requirements such as doors, accessible washrooms, ramps and floor surfaces, handrails and signages among others.

On this note, we would like to draw the attention of the industry, in particular the Developers and supervising Qualified Persons (QPs), to ensure all building works are completed before requesting for TOP/CSC inspections. The decision when to obtain TOP/CSC is a decision that necessarily involves the whole project team, especially the Developer and QPs of the building works.

Duties of stakeholders under the Building Control Act 1989 ("BC Act”)

We also wish to highlight that the declarations of completion of building works and compliance with the regulatory requirements, submitted before a TOP/CSC inspection, when the works on site are incomplete may amount to an offence of false declaration under section 43A of the BC Act.

In addition, we would also like to highlight to the supervising QPs for the supervision of building works that it is the duty of the supervising QPs, under section 9(4) of the BC Act, to take all reasonable steps and exercise due diligence in supervising and inspecting the building works to ensure that the works are carried out in accordance with the BC Act, Regulations, and the approved plans.

Administrative Actions That May Be Taken for Incomplete Site Conditions

We will take administrative action against the whole project team, including the Builder, where sites with incomplete works are presented for TOP/CSC inspections. This may include actions such as, written advisory, restriction of the availability of express TOP/CSC inspections and express TOP/CSC applications for the current and other projects, and the submission of detailed reports prior to TOP/CSC inspections. This is to increase accountability amongst the project stakeholders and ensure a higher level of compliance/performance for projects.

For Clarification

We would appreciate if you could convey the contents of this circular to members of your organisation. For clarifications, please contact us through BCA’s Online Feedback Form at https://www.bca.gov.sg/feedbackform/

Examples of Incomplete Building Works

1.Incomplete Safety Barriers

2)Incomplete Staircase

3)Incomplete Facades

4)Incomplete accessible routes

5)Incomplete Residential Units

6)Incomplete Common Facilities (eg roofs and tennis courts)

7)Incomplete Lightning Protection Systems

8)Storage of Materials Affecting TOP Inspection