Section 64

the construction, alignment and elevation of all buildings or other structures and all parts thereof and the methods and materials to be used in connection therewith, for compelling the demolition, pulling down, removal or rendering safe of all buildings, walls, bridges, earthworks and verandahs of an unsafe or dangerous character, or which have been allowed to fall into a dilapidated condition, and for doing any such work at the cost of the owner and recovering such cost;

(ai)

the submission of plans, specifications, calculations, particulars, documents and resports relating to erection of building, the persons qualified to submit the same and their duties and responsibilities, the form and nature or classification of plans, calculations, particulars, documents and reports which such person shall submit;

(aii)

the manner and procedure for making an application for the approval of plans and specifications for erection of building;

(aiii) the planning, design and erection of building including⎯

the structural strength of the building;

the stability of the building;

precautions against overloading;

meansures to safeguard adjacent buildings;

underpinning;

fire precautions measures; and

drainage measures including waste treatment and removal;

[Ins. Cap. A224]

(aiv)

the provision of embankments and retaining walls;

(av)

the submission of particulars of qualified persons, contractors, skilled construction workers and construction site supervisors engaged or employed for the purposes of or in the erection of building;

(avi)

the prescribing of documents, books or records to be kept and reports or certificates to be made or issued under this

Ordinance;

(avii) the time, manner and procedure for making applications for temporary occupation permit, partial occupation permit and occupation permit;

(aviii) the manner and procedure for the sampling of building materials;

(aix)

the manner for carrying out periodical inspection of buildings and the form in which the reports required in relation thereto shall be submitted;

(ax)

the powers, duties and functions of the Chief

Inspector of Buildings and his deputies;

[Ins. Cap. A52, Am. Cap. A224]

(axi)

the green building requirements including—

environmental sustainability measures including the imposition of technical or minimum standard of environmental sustainability for building or classes or types of buildings and any matter related thereto;

the method by which the standard of environmental sustainability may be assessed, green building rating tools, or audit system and any matter related thereto;

conservation of energy, audit of energy efficiency for building and any matter related thereto;

requirements, qualifications and registration of green building certification body and practitioner;

preparation and submission of reports, certifications or other documents required for environmental sustainability and any matter related thereto; and

duties and functions of Registrar and the procedures relating to registration of green building.

(axii) the procedure to carry out the disciplinary action against qualified persons and accredited checker and any matter related thereto;

(axiii) the requirements, qualifications and the procedure for registration of qualified persons and accredited checkers and any matter related thereto; and

(axiv) the regulation prescribing for person or class of persons responsible for performing the functions of local authorities in connection with accredited checkers which may—

contain provisions prescribing the period for which notices and certificates to be issued;

contain provisions precluding the giving of, or requiring the withdrawal of any approval;

contain provisions authorising the withdrawal of any approval;

make provisions for the supply to the local authorities of copies of any list of accredited checkers maintained by the Board; and

make provisions for the scale of fees for accredited checkers;

(axv) the submission of plans, specifications, calculations, particulars, documents and reports relating to landscape works or earthworks in relation to building development, the persons qualified to do such submission and any matter related thereto;

[Ins. Cap. A224]

prohibiting or regulating the erection or use of back-to-back buildings, and ensuring sufficient light, air space and ventilation between buildings, and adequate light and through ventilation within buildings;

prohibiting the owner or occupier of any property from allowing any wells or other excavations thereon to be in an unprotected or dangerous state, and compelling the fencing, filling in or covering over of wells or excavations which are in such a state, and doing such work at the cost of the owner or occupier and recovering such cost;

regulating, controlling or prohibiting the erection or use of temporary or movable structures, whether standing on wheels or otherwise, and prohibiting or restricting the use for business or dwelling purposes of tents or similar structures;

preventing the discharge by any guttering or downpipe on to any road, pavement or footway, and securing, regulating and controlling the laying down of pipes to carry any outflow therefrom to such gutter or drain as may be authorized or approved by the local authority for the purpose;

preventing or regulating the erection of buildings on ground contaminated by any faecal, animal or vegetable matter;

requiring and regulating the lighting and cleansing of lifts, stairways and passages used in common by different tenants of the same building, and the cleansing, drainage and paving of courts, yards and open spaces used in connection with domestic buildings;

preventing the alteration of any building in such manner as to cause, either in itself or from the circumstances or nature of the locality in which it is situated, a disfigurement to the local authority area, and preventing the use of any property in such manner as to cause annoyance to the inhabitants of such locality, and securing the removal of projections over streets;

preventing the erection of any building whatsoever which, in the opinion of the local authority, is or is likely to be objectionable by reason of either the nature or construction of the building itself, or the uses to which it is to be put, or its environment;

regulating or prohibiting the use for human habitation of any building not erected for that purpose;

preventing the sub-division or alteration of buildings in such a manner as might be calculated to be injurious to health, or to depreciate the value of properties in the locality, or to cause annoyance to the inhabitants of the neighbourhood;

preventing buildings or lands being put to uses which might be calculated to depreciate the value of neighbouring property or to interfere with the convenience or comfort or safety of neighbouring occupiers;

regulating, restricting or prohibiting the erection of buildings of wood, or wood and metal, or palm leaf, or any other impermanent material, or of hoardings or fences;

regulating the inspection of buildings by the local authority, its officers and servants, and regulating the erection and use of scaffolding and hoarding during the construction, demolition, repair or alteration of any building;

determining and regulating—

the structure of walls, foundations, roofs, chimneys, windows, guttering, downpiping and all other parts of buildings, whether new or already existing, in order to secure stability, sufficient height, light and ventilation, and the proper carrying off of rainwater as well as for the prevention of fires and for purposes of health;

the frontage of, air space about, lighting, air-conditioning, ventilation, height of and approaches and entrances to, the provisions of parking places for vehicles in or for and exits from buildings;

giving of notice and the deposit of plans, specifications and sections, and payment of charges in respect thereof, by persons wishing to construct, alter or repair buildings, and the approval or otherwise of all plans, specifications and sections of any such building, alteration or repair, and the removal, alteration or pulling down, at the cost of the owner, of any work begun or done in contravention of any regulation or any direction lawfully given thereunder, and preventing the occupation of any new or altered building until a certificate of the fitness thereof for habitation has been issued by the proper authority;

providing that plans for the construction, alteration and repair of buildings, or specified classes of buildings, shall be accepted by the local authority only if they are prepared by architects or persons whom the local authority recognizes as qualified to act for this purpose as architects or engineers, as the case may be;

prescribing forms of permits, notices and other documents for use in connection with this Ordinance;

securing the prevention, and the prevention of the spread and extinguishment of fire, including the provision—

for building materials to be fire resisting and for fire resistance grading of such materials;

with regard to access to premises for the fire brigade in the event of fire, and means of access within a building for fire fighting purposes;

prescribing the maximum period which may elapse between approval of building plans by the local authority and the commencement and completion of building;

to require the owner or occupier of premises, or any other person having a duty under this Ordinance to execute any work or perform any act necessary in the opinion of the local authority to secure compliance with this Ordinance and in default of compliance with such requirement on the part of such owner or occupier or other person, to authorize the local authority to execute such work or perform such act itself and to recover the expenses and costs incurred by it in or about the execution of such work or the performance of any such act, from such owner, occupier or other person, as the case may be;

in case of emergency or where the owner cannot after due enquiry be found, to authorize the local authority to execute such work or perform such act itself without first requiring the owner, occupier or other person as aforesaid to do so, and to recover the expenses and costs incurred by it in or about the execution of such work or the performance of such act from such owner, occupier or other person;

to apportion responsibility for failure to any building or parts of a building and to require any person or class of persons to report such failures and to explain the causes of such failure;

the payments to be made for, and other incidents of, permits issued under this Ordinance;

the fees, costs and other sums charged for any matter or thing required or authorized to be done under this Ordinance;

the collection, remission, rebate or deferment of payment of any sum required to be paid under this Ordinance;

(aa) the offences under this Ordinance and any regulations made hereunder which may be compounded by the local authority, the persons who may compound, the limit of the sum of money to be collected by such local authority for compounding such offences and the procedure and forms to be complied with in compounding;

(bb) in so far as they do not fall within any of the preceding paragraphs, all procedural and other matters which by this

Ordinance are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying or giving effect to the provisions of this Ordinance; and

to provide for the submission of plans, specifications, particulars, documents and reports relating to earthworks, the persons qualified to do such submission and any matter related thereto;

Any regulation may further provide that, in addition to or in substitution for any such penalty, any expense incurred in consequence of any breach or contravention of such regulation, or in the execution of any work directed by any such regulation to be executed by any person and not executed by him, whether performed by the local authority or by some contractor on its behalf, plus a surcharge of not more than fifteen per centum of such expense, shall be paid by the person committing such breach or failing to execute such work.

The provision of section 41 shall apply to any sum recoverable under this section.

Any regulation may further provide for the forfeiture to the local authority of any movable property used in the commission or contravention of any regulation, and for the seizure of any such property and of any property which there is reasonable ground to believe is evidence of any such contravention:

Provided that no regulation shall be valid which provides for forfeiture otherwise than upon conviction and by order of the Court.

Any regulation may further provide for the disposal, whether by sale, destruction or otherwise howsoever, of any movable property which the local authority or any of its officers may have lawfully seized or become possessed of; and, in the case of disposal by way of sale, may provide for the sale of property under the value of one hundred ringgit otherwise than by public auction:

Provided that, where any property is disposed of pursuant to any such regulation otherwise than by way of destruction, the following provisions shall apply—

Subsections (4) and (5) shall have effect without prejudice to any express provision of this Ordinance in relation to such matters.

Where any regulation prohibits, restricts or regulates the doing of any act and such regulation requires any person to obtain a permit from a specified authority before the doing of such act, such regulation may provide for a deposit of such sum or the execution of a bond, with or without sureties, in such sum as may be prescribed in such regulation, such sum to be refunded, or such bond to be void, as the case may be, if the person to whom such permit is granted complies with all the conditions of such permit.

Subject to the provisions of any Order made under section 63, the regulations contained in the Fourth Schedule shall, to the extent therein provided, apply to the areas specified in the First

Schedule until replaced by regulations made under this section, and shall be deemed to be regulations made under this section.