S 194

BUILDING MAINTENANCE AND STRATA MANAGEMENT ACT 2004

(ACT 47 OF 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:

  Arrangement of Provisions

1 Citation and commencement
2 Definitions
3 Application
4 Building owners’ general obligation to maintain
5 Lodgment of Certificate of Lift Maintenance and Testing for operation of lift
6 Lodgment fee
7 Validity of Certificate of Lift Maintenance and Testing
8 Lifts to be kept clean and in good working condition
9 Periodic maintenance of lifts by lift contractor
10 Periodic examination, inspection and testing
11 Suspension or termination of operation of lift
12 Investigation of lift incidents
13 Duties of lift contractor
14 Duties of owner and approved person in major alteration or replacement works
15 General penalty
16 Revocation
17 Saving and transitional provisions

FIRST SCHEDULE
Building Maintenance and Strata Management Act 2004 (act 47 of 2004)

SECOND SCHEDULE

  Actual Provisions

S 194

BUILDING MAINTENANCE AND STRATA MANAGEMENT ACT 2004

(ACT 47 OF 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:

Citation and commencement
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.

Definitions
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.

Application
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.

Building owners’ general obligation to maintain
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.

Lodgment of Certificate of Lift Maintenance and Testing for operation of lift
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.

Lodgment fee
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.

Validity of Certificate of Lift Maintenance and Testing
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.

Lifts to be kept clean and in good working condition
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.

Periodic maintenance of lifts by lift contractor
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.

Periodic examination, inspection and testing
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.

Suspension or termination of operation of lift
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.

Investigation of lift incidents
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.

Duties of lift contractor
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 6 years after the issue or making of that record;

(b) whenever required to do so within that period of 6 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.

Duties of owner and approved person in major alteration or replacement works
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.

General penalty
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.

Revocation
16.   The Buildings and Common Property (Maintenance and Management) Rules (Cap. 30, R 1) are revoked.

Saving and transitional provisions
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

Regulation 2 (1)

BUILDING MAINTENANCE AND STRATA
MANAGEMENT ACT 2004
(ACT 47 OF 2004)

BUILDING MAINTENANCE AND STRATA MANAGEMENT
(LIFT AND BUILDING MAINTENANCE) REGULATIONS

CERTIFICATE OF LIFT MAINTENANCE AND TESTING

SECOND SCHEDULE

Regulation 14 (4)

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]