Section 33 — Powers of entry, etc.

(1)The Commissioner of Building Control, or any person authorised by the Commissioner of Building Control under section 3(2) for the purposes of this section (called in this section the authorised officer) may enter any premises at all reasonable hours for the purpose of —

(a)ascertaining whether there is, or has been, on or in connection with the premises, a contravention of this Act or any subsidiary legislation made under this Act;

(b)ascertaining whether circumstances exist that would authorise the Commissioner of Building Control or any person appointed by him or her for this purpose to take any action or execute any work under this Act or any subsidiary legislation made under this Act;

(c)taking any action or carrying out any work, authorised or required by this Act or any subsidiary legislation made under this Act; or

(d)inspecting the documents, books or records kept and maintained by any person under this Act or any subsidiary legislation made under this Act.[18/2003; 47/2007; 22/2012] [Act 12 of 2020 wef 01/01/2022]

(1A)The Commissioner of Building Control or an authorised officer may do all or any of the following for any purpose in subsection (1) in or on any premises entered under that subsection:

(a)make such openings as may be necessary;

(b)inspect, test, examine, remove and detain (without compensation) reasonable samples of any building materials found in the premises;

(c)analyse, or cause to be analysed, any sample of building materials mentioned in paragraph (b);

(d)make copies of or take extracts from, or require the person having the management or control of the premises to provide copies of or extracts from, any document, book or record;

(e)make any still or moving image or any recording of the premises or any thing in the premises;

(f)subject to subsection (4B), seize any document, book, record, equipment, instrument or other article which the Commissioner of Building Control or authorised officer reasonably believes to be the subject matter of, or to be connected with the commission of, an offence under this Act or any subsidiary legislation made under this Act;

(g)take onto the premises such equipment and materials as the Commissioner of Building Control or authorised officer requires for the purpose of exercising powers in relation to the premises;

(h)operate a fixed installation or any electronic equipment in or on the premises, or require a person on the premises to operate any fixed installation or electronic equipment, in order to access evidential material;

(i)seize and detain any machinery, equipment or plant which the Commissioner of Building Control or authorised officer reasonably believes to be connected or used in connection with a contravention of this Act or any subsidiary legislation made under this Act;

(j)place a cordon around the premises or fixed installation concerned or otherwise secure the premises or fixed installation against unauthorised entry or use.[Act 12 of 2020 wef 01/01/2022]

(1B)Where any document, book, record, equipment, instrument or other article has been seized under subsection (1A) —

(a)the Commissioner of Building Control or authorised officer who seized the document, book, record, equipment, instrument or other article must give written notice of the seizure to the person from whom it was seized, if the name and address of that person are known;

(b)the document, book, record, equipment, instrument or other article may be kept or stored in the premises where it was seized or may, at the direction of the Commissioner of Building Control or authorised officer, be removed to any other place —

(i)to be kept or stored; or

(ii)for testing or examination; and

(c)in any case under paragraph (b), the Commissioner of Building Control or authorised officer may —

(i)mark, seal or label the document, book, record, equipment, instrument or other article in such manner as the Commissioner of Building Control or authorised officer thinks fit for the purpose of indicating that it is under detention; and

(ii)lock or seal the whole or part of the premises in which the document, book, record, equipment, instrument or other article is being detained.[Act 12 of 2020 wef 01/01/2022]

(1C)The power under subsection (1A)(h) to operate electronic equipment in or on the premises includes the power —

(a)to use a disk, tape or other storage device that is in or on the premises and can be used with the equipment or in association with the equipment;

(b)to operate electronic equipment in or on the place to put the relevant data in documentary form and remove the documents so produced from the premises; and

(c)to operate electronic equipment in or on the premises to transfer the relevant data to a disk, tape or other storage device that —

(i)is brought to the premises for the exercise of the power; or

(ii)is in or on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises, and to remove the disk, tape or other storage device from that premises. [Act 12 of 2020 wef 01/01/2022]

(1D)A person who, without the permission of the Commissioner of Building Control or authorised officer —

(a)interferes, tampers with, removes or otherwise disposes of any article or document seized under subsection (1A);

(b)alters, counterfeits, defaces, destroys, erases or removes any mark, seal or label placed by the Commissioner of Building Control or authorised officer under subsection (1B)(c)(i); or

(c)opens, breaks or otherwise tampers with the lock or seal placed by the Commissioner of Building Control or authorised officer on the whole or part of any premises under subsection (1B)(c)(ii), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. [Act 12 of 2020 wef 01/01/2022]

(2)The results of any analysis of a sample of building materials taken under subsection (1A)(c) are not admissible as evidence in any proceedings under this Act or the building regulations unless the samples were taken in the prescribed manner.[Act 12 of 2020 wef 01/01/2022]

(3)A certificate of the results of an analysis of a part of a sample taken under subsection (1A)(c) must be signed by the analyst but the analysis may be made by a person acting under the direction of the analyst.[Act 12 of 2020 wef 01/01/2022]

(4)For the purposes of any inspection under subsection (1)(d), the person concerned must —

(a)allow the Commissioner of Building Control or authorised officer to access, and must produce on request, the documents, books or records; and

(b)give such information and facilities as the Commissioner of Building Control or authorised officer may require.[Act 12 of 2020 wef 01/01/2022]

(4A)Any person who contravenes or fails to comply with subsection (4) shall be guilty of an offence.[Act 12 of 2020 wef 01/01/2022]

(4B)The documents, books, records, equipment, instrument or other article mentioned in subsection (1A)(f) must not be seized at such times or at such places as could pose to any person risk of death or serious injury.[Act 12 of 2020 wef 01/01/2022]

(5)The documents, books or records mentioned in subsection (4) are not required to be produced at any time or at any place that would interfere with the proper execution of the building works.

(6)Any person who wilfully obstructs the Commissioner of Building Control or an authorised officer in the performance of any matter or thing which he or she is authorised to do by this section shall be guilty of an offence.[47/2007] [Act 12 of 2020 wef 01/01/2022]