No. S 194
Building Maintenance and Strata Management Act
2004
Building Maintenance and Strata Management (Lift and
Building Maintenance) Regulations 2005
In exercise of the powers conferred by section 136
of the Building
Maintenance and Strata Management Act 2004, the Minister for National
Development hereby makes the following Regulations:
1. These
Regulations may be cited as the Building Maintenance and Strata Management
(Lift and Building Maintenance) Regulations 2005 and shall come into operation
on 1st April 2005.
2.
—(1) In these Regulations, unless the context
otherwise requires —
“approved person” means a person registered for inspection of
hoists and lifts under the Factories Act (Cap. 104);
“Certificate of Lift Maintenance and Testing” means the
Certificate of Lift Maintenance and Testing set out in the
First Schedule;
“home lift” means a lift, not being common property, installed
in a private home solely for the use of its occupants;
“lift” means any permanent equipment installed in or attached
to a building or structure worked by any power other than hand by which persons
or goods are raised or lowered within a car or cage, or on a platform, in a
substantially vertical direction and the movement of which is restricted by a
guide or guides, and includes the supporting structure, machinery, equipment,
gear and enclosures used in connection with the lift;
“lift contractor” means a contractor registered with the
Building and Construction Authority to carry out installation and maintenance of
lifts and of at least L2 or such other financial grade as the Commissioner may
determine;
“SS CP 2:2000” means the Singapore Standard Code of Practice
for the Installation, Operation and Maintenance of Electric Passenger and Goods
Lifts and includes any subsequent amendment thereto.
(2) For the avoidance of doubt, a supplier of
any lift, or an agent of such supplier, who has, under a contract for the sale
or installation of a lift, retained the ownership of the lift pending any
payment of the cost thereof or the giving of any other consideration shall not,
for the purposes of these Regulations, be deemed to be an owner of the
lift.
(3) For the purposes of these Regulations, any
document or fee that is required by these Regulations to be lodged with the
Commissioner shall be regarded as lodged only when it is actually received by
the Commissioner.
3. These
Regulations shall apply to all lifts other than —
(a)
a lift used solely for the carriage, stacking, loading or
unloading of goods or materials;
(b)
a mechanised vehicle parking system for transporting only
vehicles;
(c)
a hoist used solely for lifting or feeding material directly
into a machine;
(d)
a stage or orchestra lift;
(e)
a lift or hoist provided, in connection with any building
which is being constructed, for the use solely of persons employed in the
construction thereof or for carrying materials used therein;
(f)
a lift installed in any aircraft or ship; and
(g)
a lift designed to carry a person with physical disability
within a private home solely for the use of its
occupants.
4. Every owner of
any building, common property or limited common property shall ensure
that ––
(a)
the external walls of the building are neat and tidy in
appearance;
(b)
the painted external walls of the building are painted to the
satisfaction of the Commissioner at intervals of not more than 5 years or such
longer interval as the Commissioner, in any particular case, may determine;
and
(c)
the exterior gates and fences (including wall fences and
railings) are repaired without delay when damaged and, if painted or to be
painted, are painted to the satisfaction of the Commissioner.
5.
—(1) Subject to paragraph (3),
no owner of any lift shall commence the operation of any lift, or resume the
operation of any lift after any major alteration or replacement works to the
lift, unless ––
(a)
a lift contractor has, in the presence of an approved person,
examined, inspected and tested the lift in accordance with ―
(i)
the requirements specified in SS CP 2:2000; or
(ii)
in the case of a home lift or lift designed to carry a person
with physical disability, the manufacturer’s recommendations, where
available;
(b)
the approved person has certified in the Certificate of Lift
Maintenance and Testing that the lift has been examined, inspected and tested in
his presence in accordance with the requirements specified in SS CP 2:2000 or
the manufacturer’s recommendations, as the case may be, and that the lift is in
a fit condition for operation; and
(c)
the duly completed Certificate of Lift Maintenance and Testing
is lodged with the Commissioner within 3 months from the first date of the
examination, inspection or testing in sub-paragraph (a).
(2) Subject to paragraph (3),
every owner of a lift shall ensure, at all times while the lift is in operation,
that the Certificate of Lift Maintenance and Testing lodged with the
Commissioner in respect of that lift is and remains valid.
(3) A Certificate of Lift Maintenance and
Testing need not be lodged with the Commissioner in respect of any lift owned by
any of the following persons:
(a)
the Housing and Development Board;
(b)
the Jurong Town Corporation;
(c)
the Land Transport Authority of Singapore.
(4) The Commissioner may, in relation to any
Certificate of Lift Maintenance and Testing lodged with him, require the owner
of any lift to furnish such other information or comply with such other
directions as he may determine.
(5) Any person who contravenes paragraph (1)
or (2)
shall be guilty of an offence and shall be liable on conviction to a fine not
exceeding $5,000.
6.
—(1) One or more Certificates of Lift
Maintenance and Testing may be lodged with the Commissioner in a single
lodgment, provided that the Certificates relate to one or more lifts in either a
single building, or in 2 or more buildings with the same address.
(2) The following lodgment fee is payable:
(a)
where the aggregate number of lifts in the Certificates lodged
is 10 or fewer, $20 per lift; and
(b)
where the aggregate number of lifts in the Certificates lodged
is more than 10, the lodgment fee in sub-paragraph (a)
plus $10 per lift for each lift in excess of 10.
7.
—(1) Subject to paragraph (2),
a Certificate of Lift Maintenance and Testing lodged with the Commissioner,
accompanied by the appropriate lodgment fee, shall be valid for a period of 12
months from ––
(a)
the day the Certificate of Lift Maintenance and Testing is
lodged with the Commissioner; or
(b)
the day following the expiry of any previous Certificate of
Lift Maintenance and Testing,
whichever day is the later, and will expire on the last
day of the month 12 months from that day.
(2) A Certificate of Lift Maintenance and
Testing for a lift shall cease to be valid when ––
(a)
any major alteration or replacement works to the lift are
commenced; or
(b)
the Commissioner orders the termination of the operation of
the lift under regulation 11.
8.
—(1) The owner of any lift shall ensure
that —
(a)
the lift is kept in a clean and proper working condition at
all times; and
(b)
the lift is periodically maintained and examined in accordance
with these Regulations.
(2) The owner of any lift which is in a
dangerous state or in a condition that will or is likely to cause injury to any
person shall immediately stop the operation of the lift.
(3) Any person who contravenes paragraph (1)
or (2)
shall be guilty of an offence and shall be liable on conviction to a fine not
exceeding $5,000.
9.
—(1) The owner of every lift in operation
shall engage a lift contractor to maintain the lift in accordance with ––
(a)
the provisions for periodic maintenance in SS CP 2:2000;
or
(b)
in the case of a home lift or lift designed to carry a person
with physical disability, the manufacturer’s recommendations for periodic
maintenance, where available.
(2) Any person who contravenes paragraph (1)
shall be guilty of an offence and shall be liable on conviction to a fine not
exceeding $5,000.
10.
—(1) The periodic examination, inspection and
testing of every lift shall be ––
(a)
carried out by a lift contractor, in the presence of an
approved person, in accordance with ––
(i)
the provisions for periodic examination, inspection and
testing in SS CP 2:2000; or
(ii)
in the case of a home lift or lift designed to carry a person
with physical disability, the manufacturer’s recommendations, where available;
and
(b)
certified by the approved person to have been carried out in
his presence in accordance with the requirements specified in SS CP 2:2000 or
the manufacturer’s recommendations, as the case may be.
(2) Except for the persons listed in regulation 5(3),
the owner of a lift shall lodge with the Commissioner a duly completed
Certificate of Lift Maintenance and Testing within 3 months of the commencement
of every periodic examination, inspection and testing of the lift.
(3) Any person who contravenes paragraph (1)
or (2)
shall be guilty of an offence and shall be liable on conviction to a fine not
exceeding $5,000.
11.
—(1) The Commissioner may, by written notice
served on the owner of a lift, order the suspension or termination of the
operation of any lift if ––
(a)
the Commissioner is of the opinion that the lift is in a
dangerous state or condition that is likely to cause injury to any
person;
(b)
no valid Certificate of Lift Maintenance and Testing is lodged
with the Commissioner in respect of that lift; or
(c)
the Commissioner is of the opinion that it is in the interests
of public safety to do so.
(2) The owner of a lift shall, immediately
after receiving any written notice under paragraph (1)
relating to the lift, discontinue the operation of the lift, and may resume
operation of the lift only upon the expiry of the period of suspension, if
any.
(3) Any owner of a lift, who wishes to
discontinue the operation of any lift, shall notify the Commissioner before
terminating the operation of the lift.
(4) Any person who contravenes paragraph (2)
shall be guilty of an offence and shall be liable on conviction to a fine not
exceeding $5,000.
12.
—(1) In a case where the death of, or serious
injury to, any person occurs involving any part of a lift, the lift contractor
who most recently performed work on that lift shall, within 7 days of a request
by the Commissioner ––
(a)
engage an approved person to put up an investigation report of
the incident; and
(b)
submit the investigation report to the
Commissioner.
(2) The Commissioner may, in addition, by
written notice require the owner of the lift referred to in paragraph (1)
to submit within a stipulated time an investigation report of the incident by an
independent approved person.
(3) Any person who fails to comply with a
request or notice of the Commissioner under this regulation shall be guilty of
an offence and shall be liable on conviction to a fine not exceeding
$4,000.
13.
—(1) Every lift contractor engaged to
maintain a lift shall —
(a)
keep all maintenance records (which for this purpose includes
testing certificates and other documents) in connection with every lift which he
is engaged to maintain, for a period of at least 5 years after the issue or
making of that record;
(b)
whenever required to do so within that period of 5 years,
produce to the Commissioner, or any person authorised by the Commissioner, for
his inspection any of the maintenance records;
(c)
when requested to do so by the Commissioner, submit an
investigation report on any breakdown of a lift which he is engaged to
maintain;
(d)
notify the Commissioner upon the termination of any lift
maintenance agreement to which he is a party; and
(e)
notify the Commissioner of any lift that the lift contractor,
in the course of his duties, has found to be unsafe for
operation.
(2) Any person who contravenes paragraph (1)
shall be guilty of an offence and shall be liable on conviction to a fine not
exceeding $5,000.
14.
—(1) The owner of any lift shall notify the
Commissioner in writing before any major alteration or replacement works are
carried out on the lift.
(2) For the purpose of this regulation, major
alteration or replacement works on a lift shall include, but not be limited to,
any of the following:
(a)
increasing the rated load or rated speed of a
lift;
(b)
increasing or decreasing the distance travelled by a
lift;
(c)
changing the type of operation or control of a
lift;
(d)
changing the diameter or number of the hoisting ropes
supporting a lift car or its counterweight;
(e)
changing the size of the guide rails of a lift;
(f)
replacing or changing the type of safety gear or equipment of
a lift or its counterweight;
(g)
replacing or changing, any door driving machine, controller or
brake system of a lift;
(h)
adding automatic devices to operate the doors of the lift-way
or a lift car.
(3) No person shall carry out any major
alteration or replacement works on a lift unless he is a lift contractor, and is
supervised by an approved person for those works.
(4) Upon completion of the major alteration or
replacement works on a lift ––
(a)
the approved person shall test the lift to ensure that the
design and installation of the lift is in accordance with ––
(i)
the requirements specified in SS CP 2:2000; or
(ii)
in the case of a home lift or lift designed to carry a person
with physical disability, the manufacturer’s recommendations, where available;
and
(b)
the owner of the lift shall submit to the Commissioner a
certificate of supervision by the approved person in the form set out in the
Second Schedule.
(5) Upon completion of any major alteration or
replacement works on a lift but before resuming the operation of the lift, the
owner of the lift shall lodge a Certificate of Lift Maintenance and Testing with
the Commissioner in accordance with regulation 5.
(6) Any person who contravenes paragraph (3)
or (4)(a)
shall be guilty of an offence and shall be liable on conviction to a fine not
exceeding $5,000.
15. Any person who
contravenes any of the provisions of these Regulations or any order of the
Commissioner for which no penalty is expressly provided shall be guilty of an
offence and shall be liable on conviction to a fine not exceeding
$3,000.
16. The Buildings
and Common Property (Maintenance and Management) Rules
(Cap. 30, R 1) are revoked.
17.
—(1) Any certificate of maintenance issued
under rule 5 of the revoked Buildings and Common Property (Maintenance and
Management) Rules which is valid immediately before 1st April 2005 shall ––
(a)
continue and be deemed to be a valid Certificate of Lift
Maintenance and Testing lodged under regulation 5;
and
(b)
expire on the date it would have expired if these Regulations
had not been enacted.
(2) A professional engineer registered under
the Professional
Engineers Act (Cap. 253) may, for a period of 36 months starting from
1st April 2005, carry out any duties of an approved person under these
Regulations.
(3) Any contractor of L1 grade registered with
the Building and Construction Authority to carry out installation and
maintenance of lifts may, for a period of 36 months starting from 1st April
2005, carry out any duties of a lift contractor under these
Regulations.
FIRST SCHEDULE
Building Maintenance and Strata
Management Act 2004
(act 47 of 2004)
Management Act 2004
(act 47 of 2004)
Building Maintenance
and Strata Management
(Lift and Building Maintenance) Regulations
(Lift and Building Maintenance) Regulations
Certificate of Lift Maintenance and Testing
|
Made this 28th day of
March 2005.
TAN TEE HOW
Permanent Secretary,
Ministry of National Development, Singapore. |
[ND 311/13-301 Vol. 7; AG/LEG/SL/30C/2004/1 Vol.1]