Offence for owner or occupier to cause, etc., specified fire hazard
Open ↗26.—(1) An owner or occupier of any building commits an offence if the owner or occupier causes, or does or omits to do anything that is likely to cause, a specified fire hazard to arise at the building.[22/2019]
(2) An owner or occupier of any building commits an offence if the owner or occupier knows or ought to know that —(a)
there is a specified fire hazard in the building; or
(b)
a specified fire hazard is likely to arise at the building,
but does not take reasonable steps to abate the specified fire hazard or prevent the specified fire hazard from arising, as the case may be.
[22/2019]
(3) In a prosecution for an offence under subsection (1), it is not necessary for the prosecution to prove that the defendant intended to cause a specified fire hazard to arise at the building.[22/2019]
(4) The offence under subsection (1) is a strict liability offence.[12A
[22/2019]
Offence for any person to cause specified fire hazard
Open ↗27. A person commits an offence if the person does anything or omits to do anything that causes or is likely to cause —(a)
any fire safety measure in the premises not to be in proper working order; or
(b)
any escape route, passageway, common property or limited common property of a building to be obstructed —(i)
such as might render escape in the event of fire more difficult; and
(ii)
which obstruction cannot be easily removed by an individual escaping from a fire,
and the person knows or ought to know that the act or omission causes or is likely to cause the effect mentioned in paragraph (a) or (b).
[12B
[22/2019]
Abatement of fire hazards
Open ↗28.—(1) The Commissioner may, if satisfied of the existence in or on any premises of any fire hazard, serve —(a)
upon the person by reason of whose act, default or sufferance the fire hazard arose or continues;
(b)
if such person is the employee or agent of some other person, upon such other person; or
(c)
upon the occupier or owner of the premises in or on which such fire hazard exists,
a written notice requiring the person to abate the fire hazard within the period specified in the notice, and to do all such things as may be necessary for that purpose, and to take all steps necessary to prevent the recurrence of such fire hazard.
(2) The notice may, if the Commissioner thinks fit, specify any works to be executed for the purposes mentioned in subsection (1).
(3) The notice may, if the Commissioner thinks fit, require the person on whom the notice is served under subsection (1) to submit, within the period specified in the notice, a fire hazard mitigation plan to prevent such fire hazard from recurring in or on the premises.[14/2013]
(4) Where the person by reason of whose act, default or sufferance a fire hazard arose or continues cannot be found and it is clear that the fire hazard neither arose nor continues by reason of any act, default or sufferance on the part of the occupier or owner of the premises in or on which it exists, the Commissioner may abate the fire hazard and may do what is necessary to prevent a recurrence thereof.
(5) Where a fire hazard abatement notice has been served on any person under subsection (1) and that person —(a)
fails to comply with any of the requirements within the time specified in the notice; or
(b)
fails to take such steps as are specified in the notice to prevent the recurrence of the fire hazard,
the person shall, whether or not an order under section 31 has been made in respect of him, be guilty of an offence.
[13
Commissioner may abate fire hazard in emergency
Open ↗29.—(1) Where a fire hazard abatement notice has been served upon any person under section 28 and if the person on whom the notice has been served fails to comply with any of the requirements of the notice within the time specified in the notice, the Commissioner may, if the Commissioner is satisfied that the fire hazard to which the notice relates —(a)
constitutes an immediate or substantial danger of fire in or on the premises; or
(b)
is likely, if fire breaks out in or on the premises, to increase the normal risk to life which occurs in the event of a fire,
cause to be carried out in or on the premises such work, including the removal and seizure of any property causing the fire hazard, as appears to the Commissioner to be necessary to abate the fire hazard and to prevent a recurrence of the fire hazard.
(2) The Commissioner may recover the expenses incurred under subsection (1), from the person on whom the notice has been served.[14
Power to order closure of premises in emergency
Open ↗30.—(1) The Commissioner may, if the Commissioner is satisfied of the matters specified in section 29 and that it is necessary for the safety of persons that the premises should be closed immediately —(a)
order the owner or occupier of the premises to close the premises immediately for such period not exceeding 72 hours as is specified in that order and as the Commissioner considers necessary for the alleviation of the danger in question; or
(b)
if an order referred to in paragraph (a) cannot for any reason be given to the owner or occupier of the premises or if such an order, having been given to that owner or occupier, is not immediately obeyed, close the premises for such period not exceeding 72 hours as the Commissioner considers necessary for the alleviation of the danger in question, using such force as is reasonably necessary for the removal from the premises of persons therein without doing them bodily harm.[14/2013]
(2) The Commissioner may exercise the powers under subsection (1)(a) or (b) in respect of the occurrence of a fire hazard, whether or not the fire hazard has been abated since the service of a fire hazard abatement notice on the owner or occupier of the premises under section 28, if —(a)
within the 24 months immediately before that fire hazard arose, the same owner or occupier of the premises (as the case may be) had been convicted of any combination of 3 or more offences under subsection (10) or section 28(5), 31(5) or 32(4) in respect of the premises, whether or not any of those offences related to a fire hazard similar to that fire hazard;
(b)
the Commissioner is satisfied that it is necessary for the safety of persons for the premises to be closed immediately; and
(c)
the Commissioner has not previously exercised the powers under this subsection in respect of the same occurrence of the fire hazard.[14/2013]
(3) The period of 24 months mentioned in subsection (2)(a) must not start on a date earlier than 1 September 2013.[14/2013]
(4) The Commissioner giving an order under subsection (1) or (2) must do so —(a)
in writing served on the owner or occupier of the premises in question; or
(b)
orally, in which case the Commissioner must, as soon as is practicable thereafter, serve on the owner or occupier of the premises in question confirmation in writing of the contents of that order and of the time and place at which that order was so given, and must cause a copy of that order or confirmation (as the case requires) to be affixed to those premises in a conspicuous position.[14/2013]
(5) The Commissioner may, if he or she considers that the danger to which an order given under subsection (1) or (2) relates has been alleviated, rescind that order.[14/2013]
(6) Any police officer may, if requested by the Commissioner or an authorised officer to do so, assist the Commissioner or authorised officer in the exercise of any power conferred on the Commissioner by this section.
(7) If the Commissioner or an authorised officer considers that a danger in relation to which he or she has exercised the power conferred on him or her by subsection (1) or (2) cannot be, or has not been, alleviated within a period of 72 hours mentioned in subsection (1), he or she must, having given such prior notice of his or her intention to do so to the owner or occupier of the premises in question as is practicable in the circumstances, apply to a Magistrate’s Court for an order directing the owner or occupier to close or keep closed (as the case requires) those premises for such period as the Court considers necessary for the alleviation of that danger.[14/2013]
(8) A Magistrate’s Court may, on an application made to the Court under subsection (7), grant, subject to such conditions as the Court thinks fit to impose, the order sought by the application.
(9) If an application is made to a Magistrate’s Court under subsection (7) while the premises in question are closed under subsection (1) or (2), that closure continues until the application is finally determined or is withdrawn.[14/2013]
(10) Any person who, without reasonable excuse, fails to comply with any closing order given by the Commissioner under subsection (1) or (2) or the order made by the Magistrate’s Court under subsection (8) shall be guilty of an offence and shall be liable on conviction —(a)
to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both; and
(b)
in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.[14/2013]
(11) In considering whether it is necessary for the safety of persons for the premises to be closed immediately or whether a danger has been alleviated, in relation to the application of this section to a fire hazard, the Commissioner or the Magistrate’s Court (as the case may be) may consider whether —(a)
that fire hazard is likely to recur in or on the premises; and
(b)
that fire hazard, if it were to recur in or on the premises, would —(i)
constitute an immediate or substantial danger of fire in or on the premises; or
(ii)
be likely, if a fire breaks out in or on the premises, to increase the normal risk to life which occurs in the event of a fire.[15
[14/2013]
Fire hazard order
Open ↗31.—(1) Where a fire hazard abatement notice is served on any person, and if —(a)
that person fails to comply with any of the requirements of the notice within the time specified in the notice; or
(b)
the fire hazard, although abated since the service of the notice, is, in the opinion of the Commissioner, likely to recur in or on the same premises,
the Commissioner may make a complaint to a Magistrate’s Court and the Court hearing the complaint may grant or refuse to grant a fire hazard order.
(2) A fire hazard order mentioned in subsection (1) may be —(a)
an abatement order, that is to say, an order which requires a person to comply with all or any of the requirements of a fire hazard abatement notice in connection with which the order is made, or otherwise to abate the fire hazard or to do what may be necessary to prevent the recurrence of the fire hazard within the period specified in the order;
(b)
a prohibition order, that is to say, an order which prohibits the use of any premises for such activities as are specified in the order which activities may materially increase the likelihood of fire or danger to life or property resulting from the outbreak of fire in or on the premises;
(c)
a closing order, that is to say, an order authorising the closure of any premises which are likely to be a danger to life or property in the event of fire; or
(d)
a combination of such orders.
(3) An abatement order or a prohibition order must, if the person in respect of whom the order is made so requires or if the Magistrate’s Court making the order considers it desirable, specify the works to be executed by such person for the purpose of abating, or of preventing the recurrence of, the fire hazard to which the order relates.
(4) A Magistrate’s Court, if satisfied that any premises in respect of which a prohibition order or a closing order granted under section 30(8) or this section is in force have been rendered suitable for the use specified in the order, may, on application by the Commissioner or the owner or occupier of the premises, declare that it is so satisfied and revoke the prohibition order or closing order.
(5) Any person in respect of whom a fire hazard order is made who, without reasonable excuse, fails to comply with the order shall be guilty of an offence and shall be liable on conviction —(a)
to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction; or
(b)
where the offence involves failure to comply with a closing order, to a fine not exceeding $100,000 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 or part of a day during which the offence continues after conviction.[14/2013]
(6) Without prejudice to subsection (5), where a fire hazard order has not been complied with, the Commissioner may abate the fire hazard and may do whatever may be necessary in the execution of the order, and may recover any expenses reasonably incurred thereby from the person against whom the order was made.[16
Provision as to appeal against order
Open ↗32.—(1) Where a person appeals to the General Division of the High Court against a fire hazard order, the fire hazard order is suspended pending the determination or abandonment of the appeal.[14/2013; 40/2019]
(2) If the fire hazard order has not been quashed on appeal, the period for compliance with the requirements of the fire hazard order starts to run on the determination or abandonment of the appeal.[14/2013]
(3) There is no appeal to the General Division of the High Court against a fire hazard order, unless it is or includes a closing order or requires the execution of structural works.[40/2019]
(4) If the appeal against a fire hazard order is dismissed or is abandoned, then despite subsections (1) and (2), the appellant shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 for every day or part of a day during the period prior to the dismissal or abandonment of the appeal when the fire hazard order was not complied with.[14/2013]
(5) A fine under subsection (4) is not payable if the appellant satisfies the court before which proceedings are taken for the imposition of the fine that there was substantial ground for the appeal and that the appeal was not brought merely for the purpose of delay.[14/2013]
(6) In the event of an appeal against a fire hazard order, no work, except as mentioned in subsection (7), may be done under section 31(6) under the order until after the determination or abandonment of the appeal.
(7) If the court by which the order was made is of the opinion that the nature of the fire hazard is such as to require immediate abatement, the court may, even though the appeal is pending, authorise the Commissioner immediately to abate the hazard.
(8) Despite subsection (7) —(a)
if the appeal is allowed, the Commissioner must pay to the person against whom the order was made the amount of any damage sustained by the person by reason of the abatement of the hazard by the Commissioner; and
(b)
if the appeal is dismissed or abandoned, the Commissioner may recover from such person the expenses incurred by the Commissioner in abating the hazard in the manner provided for in section 34.[17
Property and materials seized or removed by Commissioner in abating fire hazard
Open ↗33.—(1) Any property or materials seized or removed by the Commissioner in abating or doing what is necessary to prevent the recurrence of a fire hazard under this Act or in enforcing any regulations made under this Act, may be confiscated by the Commissioner or may, on application by the owner within 2 weeks of such seizure or removal, be returned to the owner on such terms and conditions as the Commissioner thinks fit.
(2) Any property or materials confiscated by the Commissioner under subsection (1) may be sold or disposed of in such manner as the Minister may direct.
(3) The money arising from the sale of any property under subsection (2) may be retained by the Commissioner and applied in payment of the expenses incurred by the Commissioner in connection with the abatement of the fire hazard and the surplus (if any) must be paid —(a)
to the owner of such property if the owner applies therefor within 12 months of the date of the sale; or
(b)
into the Consolidated Fund if, or to the extent to which, the surplus is not disposed of under paragraph (a).[18
Recovery of costs and expenses by Commissioner
Open ↗34.—(1) If all and any sums payable by or recoverable from the owner in respect of costs and expenses incurred by the Commissioner in or about the execution of any work which are under this Act recoverable from the owner of any premises are not paid by the owner within 14 days after demand, such sums may be reported to a District Court or a Magistrate’s Court and recovered in the same manner as if it were a fine imposed by a District Court or a Magistrate’s Court, as the case may be.
(2) An appeal lies to the General Division of the High Court from any decision of a District Court or a Magistrate’s Court under this section, and the provisions of the Criminal Procedure Code 2010 apply, with the necessary modifications, to all such appeals.[40/2019]
(3) The person liable to pay any sum under subsection (1) is the owner at the time when the work was completed.
(4) Any occupier who, when requested by or on behalf of the Commissioner to state the name of the owner of the premises, refuses or wilfully omits to disclose or wilfully misstates the same shall, unless the occupier shows cause to the satisfaction of a District Court or a Magistrate’s Court for the occupier’s refusal or misstatement, be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.[19
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
