Section 68
Power of Minister to make transitional provisions, etc.
The Minister may, by regulations, make such provision as he may consider necessary or expedient for the purpose of removing any difficulties occasioned by the coming into force of this Ordinance, and any such regulations may be so made so as to have effect as from the commencement of this Ordinance.
FIRST SCHEDULE
AREAS TO WHICH THE ORDINANCE APPLIES
(Sections 1(1) and 63(a))
CITY ADMINISTRATION
(1)
Commission of the City of Kuching North
(2)
Council of the City of Kuching South
(3)
Miri City Council
MUNICIPAL COUNCILS
(1)
Sibu Municipal Council
(2)
Bintulu Development Authority
(3)
Padawan Municipal Council
(4)
Kota Samarahan Municipal Council
DISTRICT COUNCILS
(1)
Bau District Council
(2)
Lundu District Council
(3)
Sri Aman District Council
(4)
Lubok Antu District Council
(5)
Betong District Council
(6)
Saratok District Council
(7)
Sibu Rural District Council
(8)
Kanowit District Council
(9)
Dalat and Mukah District Council
(10)
Marudi District Council
(11)
Subis District Council
(12)
Limbang District Council
(13)
Lawas District Council
(14)
Sarikei District Council
(15)
Maradong and Julau District Council
(16)
Matu and Daro District Council
(17)
Kapit District Council
(18)
Serian District Council
(19)
Simunjan District Council
(20)
Gedong District Council
(21)
Siburan District Council
(22)
Sebuyau District Council
[Sub. Cap. A224]
SECOND SCHEDULE
(Sections 1(3)(a) and 63(a))
(1)
DWELLING HOUSES
Except for the provision of separating walls and provision of fire hydrant, the provisions of other fire requirements and fire alarms, fire detection, fire extinguishment and fire fighting access under this Ordinance shall not apply to private dwelling houses, detached or semi-detached and terrace houses intended for single family occupancies.
(2)
BUILDING WORKS WHICH DO NOT REQUIRE
APPROVAL OF PLANS AND SPECIFICATIONS
Any building works carried out for or in connection with the following forming part of a bungalow, semi-detached, terraced or linked house used solely for residential purpose—
(a)
any simple awning or windowhood of light structure not exceeding 2 metres in length,
(b)
any orchid or flower shed or pergolas,
(c)
any dog kennel not exceeding 5 square metres in floor area,
(d)
any car shed with an aggregated total roof area not exceeding 50 square metres for any single dwelling unit capable of being entered by motor cars,
(e)
any lean-to drying shed with eaves not less than 2
metres from the boundary and not exceeding 50 square metres in roof area,
(f)
any gate and fence not exceeding 1.5 metres in height, and
(g)
any replacement of materials for existing building not involving structural alteration:
Provided that a minimum clearance of not less than 1.6
metres, unless otherwise allowed, is maintained and upon completion of the works, the local authority shall be notified in writing.
(3)
TELECOMMUNICATION TOWERS
Telecommunication towers, the plans for the erection thereof have been approved by the State Planning Authority under Part X of the Land Code [Cap. 81 (1958 Ed.)].
[Am. Swk. L. N. 105/2005 w.e.f. 1.1.2005.]
(4)
DESIGNATED AREA AND RESETTLEMENT SCHEME
AREA
(1)
All building works and buildings within a designated kampung area and Resettlement Scheme Area in any area under the jurisdiction of the local authorities named in the First Schedule to the Ordinance have been exempted from the provision of Part II and Part III of the Ordinance and the Building By-laws contained in the Fourth Schedule to the Ordinance:
Provided that the owner or occupier of the building shall, on completion of the building, notify the local authority in whose area the building is situated, of the erection of such building by furnishing the following:
(a)
name and identity card number of the owner;
(b)
address of the owner;
(c)
land title number, if any; and
(d)
sketch plan with measurement and simple description of the building.
(2)
For the purpose of this paragraph—
“designated kampung area” shall mean any Native
Communal Reserve declared under section 6 of the Land
Code [Cap. 81 (1958 Ed.)] including any extension thereof approved by the Minister; and
“Resettlement
Scheme
Area”
means any area designated by the Director of Lands and Surveys, after in consultation with the Minister, for the resettlement of people.
(5)
GOVERNMENT BUILDINGS
(1)
All building works or buildings of or belonging to the
Government are exempted from submission of plans and drawings under the Building by-laws contained in the Fourth Schedule of the Ordinance: Provided that—
(a)
the plans and drawings of such building works or buildings are designed partially or wholly by the Public
Works Department, Sarawak and approved by the Director
(hereinafter referred to as the “Department”);
(b)
the supervision of the building works and all works associated thereto is undertaken by the Director or by the local authority; and
(c)
a Certificate of Completion shall be issued by the Director upon completion of the building works or buildings and shall be deemed as a certificate of fitness for occupation.
(2)
The Department shall send a copy of the Certificate of
Completion together with a set of the plans and drawings, within thirty days after the issuance of the Certificate, to the local authority having jurisdiction over the area where the building works or buildings are located.
(3)
Notwithstanding Order 3(1), the Department shall be required to submit building plans in accordance with the requirements of Part VI and Part VII of the Building by-laws.
(4)
For the purpose of this paragraph—
“Director” means the Director of Public Works,
Sarawak and shall include his Deputy or any person duly authorized by him in writing to perform the functions and duties conferred upon him by this Order; and
“Government” means the Government of the Federation or the State of Sarawak and includes local authorities and any body corporate established under any state law in force in
Sarawak.
[Ins. Cap. A224]
THIRD SCHEDULE
(Sections 63(a) and 65)
REPEAL
1 2
Title of Legislation
Extent of Repeal 1.
Ordinance
(a)
The Kuching Municipal Ordinance
(Cap. 116 (1958 Ed)) as modified by the City of Kuching Ordinance,
1988 (Ord. No. 2/88) to apply to the
City of Kuching North.
Section 104(1)(b), (c), (j), (k), (l), (m)
and (n). Sixth Schedule - paragraphs
(24)
and (26).
(b)
The Kuching Municipal Ordinance
(Cap. 116 (1958 Ed)) as modified by the City of Kuching Ordinance,
1988 (Ord. 2/88) to apply to the
City of Kuching South.
Section 104(1)(b), (c), (j), (k), (l), (m)
and (n). Sixth Schedule - paragraphs
(24)
and (26).
(c)
The Local Authority Ordinance
(Cap. 117 (1958 Ed)) as amended by Ord. No.3/89. (Except in so far as the Ordinance affects the areas of the Sibu and Miri Municipal
Councils, Bintulu Development
Authority, Kuching Rural and
Sarikei District Councils specified in items (c) to (g) in column 1 of the
First Schedule to this Ordinance).
(i)
Sections 30(6), 35, 36, 37
and 41.
(ii)
First and Second Schedules -
all references to sections 35,
36, 37 and 41.