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Contents

Long Title

Part I PRELIMINARY

Part II FIRE HAZARD IN BUILDINGS

Part III FIRE PREVENTION IN BUILDINGS

Part IV CONTROL OF FIRE SAFETY WORKS

Part V PREMISES USED FOR DANGEROUS TRADES OR PURPOSES

Part VI CONTROL OF PETROLEUM AND FLAMMABLE MATERIALS

Part VII MISCELLANEOUS

THE SCHEDULE Dangerous Trades or Purposes

Legislative History

Comparative Table

 
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PART IV
CONTROL OF FIRE SAFETY WORKS
Fire safety works
23.
—(1)  Subject to the provisions of this Act, the person for whom any proposed fire safety works are to be commenced or carried out in any building shall apply in accordance with the regulations made under this Act to the Commissioner for approval of the plans of the fire safety works.
(2)  The Commissioner may —
(a)
approve, subject to such terms and conditions as he may impose, any one or more of the plans submitted to him under subsection (1);
(b)
disapprove any of the plans which is not in order; or
(c)
in writing direct the applicant to comply, within such period as may be specified in the direction, with such requirements as the Commissioner may specify for the purpose of ensuring compliance with the provisions of this Act and any regulations made thereunder.
[5/2000]
(3)  If the person to whom any written direction is given under subsection (2) fails to comply with the requirements specified in the direction within the time specified therein, the Commissioner may reject the plans.
(4)  Where an application for approval of the plans of fire safety works under subsection (1) is accompanied by a written declaration by the qualified person who prepared the plans declaring that the plans have been prepared in accordance with the Fire Code adopted under section 55, and the provisions of this Act and any regulations made thereunder, the Commissioner may, without checking the plans, approve the plans on the basis of the written declaration by the qualified person.
[5/2000]
(5)  Notwithstanding subsection (4), the Commissioner may, in his discretion, carry out random checks on any plans of fire safety works at any time before or after approving the plans under that subsection.
[5/2000]
(6)  The Commissioner may at any time revoke any approval granted in respect of any plans of fire safety works —
(a)
under subsection (2)(a), if he is satisfied that any information given in the application for approval or any document submitted to the Commissioner in respect of the application for approval is false in a material particular; and
(b)
under subsection (4), if he is satisfied that the written declaration submitted by the qualified personreferred to in that subsection is false.
[5/2000]
(7)  The Commissioner shall not revoke any approval granted in respect of any plans of fire safety works unless —
(a)
he has given a written notice to the person for whom the fire safety works are carried out to comply, within such period as may be specified in the notice, with such requirements as the Commissioner may specify for the purpose of ensuring compliance with the Fire Code adopted under section 55, and any of the provisions of this Act and any regulations made thereunder; and
(b)
the person has failed or refused to comply with the requirements specified in the written notice.
[5/2000]
(8)  The requirements referred to in subsection (7) may include —
(a)
the amendment of any of the approved plans of fire safety works;
(b)
the rectification of the fire safety works; and
(c)
the alteration or demolition of a building or part thereof to which the fire safety works relate.
[5/2000]
(9)  Any person who fails or refuses to comply with any requirement specified in the written notice given by the Commissioner under subsection (7) shall be guilty of an offence.
[5/2000]
(10)  The Commissioner shall in writing notify the person for whom the fire safety works are carried out of his decision —
(a)
to disapprove any plans of fire safety works under subsection (2)(b);
(b)
to reject any plans of fire safety works under subsection (3); or
(c)
to revoke an approval granted in respect of any plans of fire safety works under subsection (6),
and shall specify a date, not less than 14 days from the date of the written notification, on which the decision of the Commissioner shall take effect.
[5/2000]
(11)  Where a decision of the Commissioner to revoke any approval granted in respect of any plans of fire safety works has taken effect —
(a)
any fire certificate granted under section 20 in respect of a public building having an occupant load of more than 200 persons; and
(b)
any fire safety certificate or temporary fire permit issued in respect of the fire safety works under section 29,
as the case may be, shall automatically lapse.
[5/2000]
Prohibition of fire safety works without approval of plans
24.
—(1)  Except as otherwise provided in this Act or any regulations made thereunder, no person shall commence or carry out or permit or authorise the commencement or carrying out of any fire safety works in any building unless the Commissioner has approved all the plans of the fire safety works under section 23.
(2)  Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day during which the offence continues after conviction.
Appointment and duties of qualified person
25.
—(1)  Subject to the provisions of this Act, every person for whom any fire safety works are or are to be carried out shall appoint an appropriate qualified person in respect of those works and shall supply to the qualified person appointed under this subsection or subsection (2)(b) a copy of every plan of the fire safety works approved by the Commissioner.
(2)  If any qualified personappointed under subsection (1) or paragraph (b) becomes unwilling or unable, whether by reason of the termination of his appointment or for any other reason, to carry out his duties under subsection (4) —
(a)
the qualified person shall, within 14 days of his ceasing to carry out his duties, notify the Commissioner and the person for whom such works are or are to be carried out of the fact; and
(b)
the person for whom the fire safety works are or are to be carried out shall cease or cause to be ceased and shall not commence or cause to be commenced the carrying out of such work until he has appointed another appropriate qualified person in respect of such works.
(3)  Where the person for whom any such works are or are to be carried out appoints an appropriate qualified person under subsection (2)(b), he shall, within 7 days of the appointment, notify the Commissioner of the appointment.
(4)  Every qualified person appointed under this section in respect of any fire safety works shall —
(a)
take all reasonable steps and exercise due diligence in supervising and inspecting the fire safety works to ensure that such works are being carried out in accordance with the provisions of this Act and subject to section 27, any regulations made under this Act, the codes of practice, the plans approved in respect thereof by the Commissioner and any terms and conditions imposed by the Commissioner;
(b)
notify the Commissioner of any contravention of the provisions of this Act or the regulations or codes of practice in connection with the fire safety works; and
(c)
submit to the Commissioner at the prescribed times such reports and certificates as may be prescribed in any regulations made under this Act.
(5)  Any person who contravenes or fails to comply with subsection (1) or (2)(b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day during which the offence continues after conviction.
(6)  Any qualified person who contravenes or fails to comply with subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day during which the offence continues after conviction.
(7)  It shall be a defence in any prosecution for a contravention or non-compliance with subsection (4)(b) for the person charged to prove to the satisfaction of the court that he did not know, nor could reasonably have discovered, the contravention or non-compliance referred to in the charge.
(8)  Any qualified person or person for whom any fire safety works are or are to be carried out, as the case may be, who, without reasonable excuse, contravenes or fails to comply with subsection (2)(a) or (3) shall be guilty of an offence.
Supervision of fire safety works
26.
—(1)  Except as otherwise provided in this Act or any regulations made thereunder, no person shall commence or carry out any fire safety works except under the supervision of an appropriate qualified person appointed under section 25(1) or (2)(b).
(2)  Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day during which the offence continues after conviction.
Modification or waiver of requirements relating to fire safety
27.
—(1)  The Commissioner may, on receipt of an application in relation to any particular fire safety works, modify or waive, subject to such terms and conditions as he may impose, any of the requirements relating to fire safety in buildings as may be prescribed in any regulations made under this Act.
(2)  Every such application shall —
(a)
be made in writing to the Commissioner by or on behalf of the owner of the building to which the application relates;
(b)
state the nature and extent of and the reasons for the proposed modification or waiver of such requirements; and
(c)
be accompanied by such plans and other particulars as may be prescribed.
(3)  Where an application made under subsection (2) is refused, or is granted by the Commissioner subject to such terms and conditions as he may impose, the applicant may, if aggrieved by the decision of the Commissioner, appeal in the prescribed form and manner together with payment of the prescribed fees to the Minister within 28 days of the date of notification of the decision.
(4)  Before making a decision under subsection (3), the Minister may refer the matter to an Appeal Advisory Board and, in making his decision, the Minister may have regard to any report made to him by the Appeal Advisory Board.
(5)  The decision of the Minister on such appeal shall be final.
Appeal Advisory Board
28.
—(1)  The Appeal Advisory Board shall consist of a Chairman, a Vice-Chairman and such other members as the Minister may determine.
(2)  The Chairman, Vice-Chairman and members of the Appeal Advisory Board —
(a)
shall be appointed by the Minister for such period as the Minister may determine and may from time to time be reappointed;
(b)
may at any time be removed from office by the Minister; or
(c)
may at any time resign from their office by writing addressed to the Minister.
(3)  At any meeting of the Board, 3 members shall constitute a quorum.
(4)  The Chairman or, in his absence, the Vice-Chairman shall preside at every meeting of the Board.
(5)  In the absence of both the Chairman and the Vice-Chairman, such member as the members present may elect shall preside at the meeting.
(6)  Subject to the provisions of this Act and any regulations made thereunder, the Board may determine its own procedure.
Fire safety certificate
29.
—(1)  Any person for whom any fire safety works had been carried out and completed shall apply to the Commissioner and obtain a fire safety certificate in respect of the completed fire safety works.
(2)  All applications under subsection (1) shall be made to the Commissioner in the form and manner prescribed in any regulations made under this Act.
(3)  The Commissioner may, on application by such person in the prescribed manner, in relation to any building or part thereof —
(a)
issue the fire safety certificate, subject to such conditions as he thinks fit; or
(b)
issue a temporary fire permit and may in writing direct the applicant to comply, within such period as may be specified in the direction, with such requirements as the Commissioner may specify for the purpose of ensuring compliance with the provisions of this Act and any regulations made thereunder.
(4)  If the person to whom any written direction is given under subsection (3)(b) fails to comply with the requirements specified in the direction within the time specified therein, the application shall be deemed to be withdrawn.
(5)  Where an application for a fire safety certificate under subsection (1) is accompanied by a certificate of a registered inspector certifying that, to the best of the knowledge and belief of the registered inspector, the completed fire safety works to which the application relates have been carried out in accordance with the approved plans of safety works, the Fire Code adopted under section 55, and the provisions of this Act and any regulations made thereunder, the Commissioner may, without inspecting the completed fire safety works, issue a fire safety certificate or temporary fire permit, as the Commissioner considers appropriate, on the basis of the certificate of the registered inspector.
[5/2000]
(6)  Notwithstanding subsection (5), the Commissioner may, in his discretion, carry out random inspections on the completed fire safety works to which any application under this section relates, at any time before or after the issuing of a fire safety certificate or temporary fire permit.
[5/2000]
(7)  The Commissioner may at any time revoke any fire safety certificate or temporary fire permit issued in respect of any completed fire safety works —
(a)
under subsection (3), if he is satisfied that any information given in the application for a fire safety certificate or any document submitted to the Commissioner in respect of the application for the fire safety certificate is false in a material particular; and
(b)
under subsection (5), if he is satisfied that any certificate of the registered inspector referred to in that subsection is false.
[5/2000]
(8)  The Commissioner shall not revoke a fire safety certificate or temporary fire permit unless —
(a)
he has given a written notice to the person for whom the fire safety works have been carried out to comply, within such period as may be specified in the notice, with such requirements as the Commissioner may specify for the purpose of ensuring compliance with the Fire Code adopted under section 55, and any of the provisions of this Act and any regulations made thereunder; and
(b)
the person has failed or refused to comply with the requirements specified in the written notice.
[5/2000]
(9)  The requirements referred to in subsection (8) may include —
(a)
the amendment of any of the approved plans of fire safety works to which the completed fire safety works relate;
(b)
the rectification of the completed fire safety works; and
(c)
the alteration or demolition of a building or part thereof to which the completed fire safety works relate.
[5/2000]
(10)  Any person who fails or refuses to comply with any requirement specified in the written notice given by the Commissioner under subsection (8) shall be guilty of an offence.
[5/2000]
(11)  The Commissioner shall in writing notify the person for whom the fire safety works are carried out of his decision to revoke a fire safety certificate or temporary fire permit, and shall specify a date, not less than 14 days from the date of the written notification, on which the decision of the Commissioner shall take effect.
[5/2000]
(12)  Any person who fails to comply with this section or with any condition imposed by the Commissioner under subsection (3)(a) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day during which the offence continues after conviction.
Application for change of use of premises
30.
—(1)  Any person who changes the use of a premises shall, if such change of use would cause the existing fire safety measures to become inadequate, prior to carrying out the change, apply to the Commissioner for approval to change the use of the premises.
(2)  All applications for permission to change the use of the premises shall be made to the Commissioner in the form and manner prescribed in any regulations made under this Act.
(3)  The Commissioner may, on application in the prescribed manner, in relation to any premises or part thereof —
(a)
grant permission for the change of use, subject to such conditions as he may impose; or
(b)
in writing direct the applicant to comply, within such period as may be specified in the direction, with such requirements as the Commissioner may specify for the purpose of ensuring compliance with the provisions of this Act and any regulations made thereunder and such written directions may also —
(i)
require the applicant to provide additional fire safety measures in the building; or
(ii)
provide that the work or alteration shall be completed before the expiration of a specified period.
(4)  If the person to whom any written direction under subsection (3)(b) fails to comply with the requirements specified in the direction within the time specified therein, the application shall be deemed to be withdrawn.
(5)  Any person who fails to comply with this section or with any condition imposed by the Commissioner under subsection (3)(a) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day during which the offence continues after conviction.
(6)  Nothing in this section shall be taken in any way to derogate from the provisions of the Planning Act (Cap. 232) and any relevant rules made thereunder relating to change of use of premises.
Order for demolition, removal, etc., of unauthorised fire safety works
30A.
—(1)  Where, in the opinion of the Commissioner, any fire safety works are being carried out or have been carried out in contravention of the Fire Code adopted under section 55, or any of the provisions of this Act or any regulations made thereunder (referred to in this section as the unauthorised fire safety works), the Commissioner may by order in writing require —
(a)
the cessation of the unauthorised fire safety works until the order is withdrawn;
(b)
such work or alteration to be carried out to the unauthorised fire safety works or the building or part thereof to which the unauthorised fire safety works relate as may be necessary to cause the unauthorised fire safety works to comply with the Fire Code adopted under section 55, and any of the provisions of this Act and any regulations made thereunder; or
(c)
the demolition of the building or part thereof to which the unauthorised fire safety works relate.
[5/2000]
(2)  An order made under subsection (1) shall specify all or any of the following:
(a)
the manner in which the works, alteration or demolition referred to in subsection (1) is to be carried out;
(b)
the time within which the works, alteration or demolition shall commence;
(c)
the time within which the works, alteration or demolition shall be completed.
[5/2000]
(3)  An order made under subsection (1) shall be served —
(a)
where a temporary fire permit has been granted in respect of a building under section 29, on the owner of the building or the occupier of that part of the building affected by the order, as the case may be; or
(b)
where fire safety works are being carried out in a building, on the person for whom the fire safety works are carried out or the qualified person supervising the fire safety works,
and shall specify a date, not less than 14 days from the date of the order, on which the order shall take effect.
[5/2000]
(4)  If an order made under subsection (1) is not complied with and no appeal under section 30C has been made to the Minister in respect of the order before the order takes effect, the Commissioner may —
(a)
demolish, remove or alter, or cause to be demolished, removed or altered, the building or the unauthorised fire safety works or to take such other steps as may appear to the Commissioner to be necessary, including ordering the closure of the building or part thereof; and
(b)
recover all expenses reasonably incurred by him in the exercise of his powers under this section from the person in default.
[5/2000]
(5)  Without prejudice to the right of the Commissioner to exercise his powers under subsection (4), if any person on whom an order is served under subsection (3) fails to comply with the order, the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part thereof during which the offence continues after conviction.
[5/2000]
(6)  The Commissioner may seize any material resulting from the carrying out of any work under subsection (4).
[5/2000]
(7)  Any material seized by the Commissioner under this section shall be confiscated by the Commissioner and shall be disposed of in such manner as the Commissioner thinks fit, and the proceeds, if any, of such disposal shall be paid into the Consolidated Fund.
[5/2000]
Closure order
30B.
—(1)  Where the Commissioner makes an order under section 30A(4)(a) requiring the closure of any building or part thereof, the order (referred to in this section as a closure order) shall be served —
(a)
where the closure order relates to the building, on the owner of the building; or
(b)
where the closure order relates to a part of the building, on the occupier of that part of the building.
[5/2000]
(2)  A closure order shall specify a date, not less than 14 days from the date of the closure order, on which the closure order shall take effect, and may require —
(a)
the owner of the building to which the order relates; or
(b)
the occupier of a part of the building to which the order relates,
as the case may be, to cease to inhabit the building or that part thereof and to remove all goods, furniture and effects from the building or that part thereof before the closure order takes effect.
[5/2000]
(3)  Subject to subsection (5), where a closure order is in force in respect of a building or part thereof, as the case may be, no person other than a member of the Force in the course of his duty shall enter or be in the building or that part thereof to which the closure order relates at any time.
[5/2000]
(4)  Any person who contravenes or fails to comply with subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $200 for every day or part thereof during which the offence continues after conviction.
[5/2000]
(5)  Where a closure order is in force in respect of a building or part thereof, as the case may be, the Commissioner may, if he thinks fit and subject to such conditions as he may impose, by notice in writing permit any person to enter or be in the building or that part thereof to which the closure order relates.
[5/2000]
(6)  Any permission granted under subsection (5) may be cancelled by the Commissioner at any time and for any reason.
[5/2000]
(7)  A closure order shall remain in force in respect of a building or the part thereof, as the case may be, until the Commissioner has served a notice of expiry of the closure order —
(a)
where the closure order relates to the building, on the owner of the building; or
(b)
where the closure order relates to a part of the building, on the occupier of that part of the building.
[5/2000]
(8)  A notice of expiry of a closure order shall specify the building or the part thereof to which it relates and the date upon which the closure order expires.
[5/2000]
Appeals to Minister
30C.
—(1)  Any person aggrieved by —
(a)
a decision of the Commissioner to disapprove any plans of fire safety works under section 23(2)(b);
(b)
a decision of the Commissioner to reject any plans of fire safety works under section 23(3);
(c)
a decision of the Commissioner to revoke any approval granted in respect of any plans of fire safety works under section 23(6);
(d)
a decision of the Commissioner to revoke any fire safety certificate or temporary fire permit under section 29(7);
(e)
an order made by the Commissioner under section 30A(1); or
(f)
a closure order made by the Commissioner under section 30A(4)(a),
may, before the decision or order, as the case may be, takes effect, appeal in writing to the Minister.
[5/2000]
(2)  The Minister may, before making a decision to allow or dismiss an appeal, refer the matter to an Appeal Advisory Board appointed under section 28.
[5/2000]
(3)  The Minister may, in making his decision, have regard to any report made to him by the Appeal Advisory Board.
[5/2000]
(4)  Where an appeal is made to the Minister under this section, the decision of or the order made by the Commissioner shall, unless the Minister otherwise directs, not take effect unless —
(a)
it is confirmed by the Minister;
(b)
the appeal is for any reason dismissed by the Minister; or
(c)
the appellant withdraws the appeal.
[5/2000]
(5)  The decision of the Minister on any appeal under this section shall be final.
[5/2000]