Building Collapse Disasters

//Building Collapse Disasters
buildingcollapsepics
Building Collapse Disasters
  1. A hastily constructed three – storey building collapses, crushing another and cars in Lagos – The Guardian, Monday Aug. 25, 2008.
  2. Building Collapse: Anguish, tears as relatives still hope for survivors  in Lagos. Eleven (11) corpses recovered 22 seriously injured – Punch, Friday, March 27, 2009
  3. 8 workers Injured at Collapsed Office Building of the Head of Service under Construction at Government Secretariat , Ibadan – Punch,  August 21, 2009
  4. SYNAGOGUE: South African minors sue TB Joshua over father’s death – Vanguard, February 24, 2016.
  5. Lekki Building Collapse: Death toll hits 35, Woman, her Four children among dead victims: Report to the Police, Ambode orders Lekki Gardens’ Chiefs – Punch March 10, 2016.
OUR COLLECTIVE NEGLIGENCE

Buildings under Construction collapse on daily basis using the states machineries to recover bodies and properties, still leaving the Contractors alone.

We have the Laws that provide compensation for the victims of these disasters and at the same time Fines and Prison Terms are imposed for non – compliance.

THE APPLICABLE LAWS

A. INSURANCE ACT 2003

(a). Section 64(1) – Insurance of Building under Construction
No person shall cause to be constructed any building of more than 2 floors without insuring his liability in respect of construction risks caused by his negligence, or of his servants, agents or consultants which may result in bodily injury, death or property damage of any workman on the site or any member of the public.

The Penalty
(3) – A person who contravenes sub-section (1) of this section commits an offence and on conviction shall be liable to a fine of N250,000 or imprisonment for 3 years or both.

b) Section 65(1) –  Insurance of Public Buildings
Every public building shall be insured with a registered insurer against the hazards of collapse, fire, earthquake, storm and flood.

(2) “Public building” in this section includes a tenement house, hostel, a building occupied by a tenant, lodger or licensee and any building to which members of the public have ingress and egress for the purpose of obtaining educational, medical service, or for the purpose of recreation or transaction of business.

The Penalty
Fine of not more than N100,000 or to imprisonment for one year or both.

B. LAGOS STATE URBAN AND REGIONAL PLANNING AND DEVELOPMENT LAW 2010.

(a) Section 48(1) – Building Insurance

A developer or owner of a construction involving a structure of more than two (2) floors shall at a time of submitting his application to commence building works to the Building Control Agency submit a General Contractors All Risk Insurance Policy Certificate.

(2) – An owner or occupier of a building shall within thirty (30) days of service of demand notice, produce the Certificate of Insurance to the Building Control Agency for verification and shall produce same on an annual basis.

(c) Section 75 – Offences and Penalties

(3) – Any person who fails to insure his building as required under this Law commits an offence and shall on conviction be liable to a fine not exceeding the sum of Two Hundred and Fifty Thousand Naira or one month Community Service or both.

(4) – Subject to any restrictions or conditions prescribed by the Construction or any other law, a Magistrates’ Court shall have jurisdiction and powers in respect of trial of offences contained in this Law or Regulations made pursuant to this Law.

 

Ignorance of the Law is not an excuse