Fire certificate
35.—(1) This section applies only to buildings or classes of buildings that the Minister, by notification in the Gazette, designates.[22/2019]
(2) A person must not —(a)
occupy or use a building; or
(b)
permit a building owned or managed by the person to be occupied or used,
unless there is a fire certificate authorising the occupation or use.
[22/2019]
(3) An application for a fire certificate for a building must be made in accordance with regulations made under this Act.[22/2019]
(4) Any person who contravenes subsection (2) shall be guilty of an offence.[22/2019]
(5) In a prosecution for an offence under subsection (4) in relation to the use or occupation of a building, it is not necessary for the prosecution to prove that the defendant knew that there was no fire certificate authorising the use or occupation of the building.[22/2019]
(6) The offence under subsection (4) is a strict liability offence.[20
[22/2019]
Order to install fire safety measures
36.—(1) Where the Commissioner is of the view that the provision or installation of a fire safety measure in any building is necessary for public safety, the Commissioner may, by written order given to the owner of the building, require the owner to provide or install, at the owner’s expense, the fire safety measure within the time specified in the written order. [22/2019]
(2) To avoid doubt, a requirement may be given under subsection (1) whether or not the owner is carrying out or proposing to carry out any fire safety works in relation to that building.[22/2019]
(3) Any owner of a building who fails to comply with any requirement under subsection (1) shall be guilty of an offence and shall be liable on conviction —(a)
to a fine not exceeding $50,000 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.[22/2019]
(4) The offence under subsection (3) is a strict liability offence.[22/2019]
(5) Any owner of a building who is aggrieved by the Commissioner’s requirement under subsection (1) may, within 14 days after being notified of the written order, appeal to the Minister.[20A
[22/2019]
Emergency Response Plan
37.—(1) The Minister may, by notification in the Gazette, designate any premises or class of premises for which an Emergency Response Plan must be provided.[14/2013]
(2) Such Emergency Response Plan must conform to such requirements as may be prescribed in any regulations made under this Act, and such requirements may differ for different classes of premises.[14/2013]
(3) The owner or occupier of the premises is responsible for the preparation and execution of the Emergency Response Plan, including the distribution of the Emergency Response Plan to the occupants of such premises.[14/2013]
(4) The owner or occupier of the premises must organise and conduct evacuation drills on an annual basis or at such frequency or upon such occasion as may be directed by the Commissioner.
(5) The Commissioner may direct the owner or occupier of the premises to do any of the following:(a)
implement fire safety programmes for occupants of the premises, within the time specified in the direction;
(b)
maintain records of fire safety programmes conducted for the premises, for the period specified in the direction.[22/2019]
(6) Any person who contravenes subsection (2), (3) or (4), or who, without reasonable excuse, fails to comply with a direction of the Commissioner under subsection (5), shall be guilty of an offence.[22/2019]
(7) Unless otherwise prescribed under this Act, this Act applies to a fire emergency plan prepared before 1 September 2013 in like manner as it applies to an Emergency Response Plan.[21
[14/2013]
Fire safety managers and Company Emergency Response Teams
38.—(1) The Minister may, by notification in the Gazette, specify any premises or class of premises in which the owner or occupier of the premises is required to appoint fire safety managers and Company Emergency Response Teams in respect of such premises or class of premises.[14/2013]
(2) The owner or occupier of the premises must ensure that the fire safety measures and fire safety practices of such premises comply with the requirements of this Act.[14/2013]
(3) The fire safety manager and Company Emergency Response Team of the premises must —(a)
assist the owner or occupier of the premises in the performance of the owner or occupier’s duties under this Act; and
(b)
perform such duties with respect to the premises as may be prescribed.[22/2019]
(4) If the Commissioner is satisfied that any particular premises mentioned in subsection (1) are at-risk premises, the Commissioner may, by written notice given to the owner or occupier of the particular premises, require the owner or occupier to do all or any of the following:(a)
establish and maintain for the particular premises a Company Emergency Response Team comprising a specified number of members that is higher than the number prescribed;
(b)
provide the Company Emergency Response Team for the particular premises with such additional pieces or types of fire safety equipment as the Commissioner considers necessary for the premises, in addition to that prescribed;
(c)
notify the Commissioner of any intended change in ownership or occupancy of the particular premises at least 14 days before the change in ownership or occupancy is to take effect.[22/2019]
(5) Premises are at‑risk premises for the purposes of subsection (4) where —(a)
the risk of fire occurring in or spreading in or from the particular premises is higher than that for other premises in general; or
(b)
the age, physical ability or such other characteristics of the individuals who occupy or frequent the particular premises render escape by these individuals in the event of fire more difficult.[22/2019]
(6) Any person who contravenes subsection (2) or (3) or fails to comply with the Commissioner’s written notice under subsection (4) shall be guilty of an offence.[22/2019]
(7) In a prosecution for an offence under subsection (6), it is not necessary for the prosecution to prove that the defendant intended to commit the offence.[22/2019]
(8) The offence under subsection (6) is a strict liability offence.[22
[22/2019]
Extension of time
39.—(1) The Commissioner may do all or any of the following:(a)
extend the period for doing anything under this Part (including in a direction or a written notice given under this Part);
(b)
shorten the period of an extension granted under paragraph (a);
(c)
impose conditions for an extension granted under paragraph (a).[22/2019]
(2) Any owner or occupier of a building who is aggrieved by the Commissioner’s decision to shorten the period of an extension under subsection (1)(b) to do anything in relation to the building may appeal to the Minister within 14 days after being notified of the Commissioner’s decision.[22AA
[22/2019]
Meaning of owner or occupier in this Part
40. In this Part, where a building or premises is a building erected on land comprised in a strata subdivision plan approved by the competent authority, references to the owner or occupier of the building or premises do not include references to the subsidiary proprietors or tenants of any part of the building or premises.[22AB
[22/2019]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
