BCA Proposes to Implement Firm-based Regulatory Regime for Supervision of Complex Structural Works and Certification for Complex Lifts and Escalators

7 August 2024

On 20 August 2024, the Building and Construction Authority (“BCA“) issued a Consultation Paper titled “Proposed Enhancements to Regulatory Regime for Supervision of Structural Works and Certification for Lifts and Escalators (“L&E“)”. The Consultation Paper seeks feedback on BCA’s proposals to implement a firm-based regulatory regime for L&E works. Under the new regime, the appointment of (i) a BCA-licensed firm (“Licensed Firm“), and (ii) individual professionals employed by Licensed Firms will be required for two types of works:

the supervision of structural works with project value exceeding $75 million; and
certification for L&E installed in or after 2010 (excluding vertical platform lifts, stair lifts, chair lifts, and home lifts) (“specified L&E“).

By way of background, the current regime requires the appointment of individual professionals to carry out supervision of structural works and certification for L&E. However, increasingly complex structural works and L&E mean that it is nearly impossible for an individual to have the necessary specialised inter-disciplinary competencies and the resources to facilitate collaboration between multiple professionals.

To address this, the Consultation proposes to implement the firm-based regulatory regime for the two types of works. The duties under the new regime are set out as follows:

Stakeholder	Duties
Developer or builder of building works with value exceeding $75m	Appoint a firm that has obtained a valid site supervision firm’s licence Appoint the Qualified Persons (“QPs“) to carry out supervision. The QPs will appoint the site supervisors, as per current provisions. Note: Both QPs and site supervisors must be full-time employees of the appointed firm.
Owner of specified L&E	Appoint a firm that has obtained a valid lift and escalator certification firm’s licence Appoint personnel to certify compliance of L&E, including Specialist Professional Engineers (SPEs) and Lift and Escalator Inspectors. Note: such personnel must be full-time employees of the appointed firm.
Licensed Firm	Provide suitably qualified personnel under their employment Set out processes for appointed personnel Provide appointed personnel with necessary resources to ensure compliance with the Building Control Act 1989 and its regulations
Individual personnel	Continue to be legally responsible for ensuring that works are carried out in compliance with regulatory requirements For employees of Licensed Firms: Cooperate with their employer to ensure compliance with regulatory requirements
Directors of Licensed Firms	Can be held responsible for offences committed by the Licensed Firm under the Act, unless they can prove it was committed without their consent or connivance and was not due to their neglect

Licensing requirements

A firm seeking to be a Licensed Firm must possess:

the required specialised competencies and resources (e.g. relevant governance, processes and quality assurance systems);
structured training and career progression programs; and
valid licences from the Professional Engineers Board and accreditation from the Singapore Accreditation Council.

Additional details are found in Annex C of the Consultation Paper.

If Licensed Firms fail to meet licensing conditions, BCA may impose financial penalties, require corrective actions, vary or impose licensing conditions, or revoke or suspend the licence.

The consultation will close on 20 October 2024.

Click the following link for more information:

REACH Public Consultation titled “Proposed Enhancements to Regulatory Regime for Supervision of Structural Works and Certification for Lifts and Escalators” (available on the REACH website at www.reach.gov.sg)

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