Fire safety works
Open ↗55.—(1) Subject to the provisions of this Act, the person for whom any proposed fire safety works are to be commenced or carried out shall apply in accordance with the regulations made under this Act to the Commissioner for approval of the plans of the fire safety works.[14/2013]
(2) Subject to the provisions of this Act, every person for whom any fire safety works (whether as part of any building works or otherwise) are to start on or after 1 July 2004 must, before making an application under subsection (1) for approval of the plans of those fire safety works, appoint —(a)
where the plans or any part thereof contain any alternative solution —(i)
an appropriate qualified person who is a fire safety engineer to prepare those plans or that part thereof containing the alternative solution, or a fire safety engineer to supervise a qualified person to prepare those plans or that part thereof; and
(ii)
another fire safety engineer as a peer reviewer to review and assess whether the alternative solution therein satisfies the fire performance requirements in the Fire Code; or
(b)
in any other case, an appropriate qualified person to prepare the plans of those fire safety works.[7/2004]
(3) The Commissioner may —(a)
approve, subject to such terms and conditions as the Commissioner may impose, any one or more of the plans submitted to the Commissioner 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. [14/2013]
(4) If the person to whom any written direction is given under subsection (3) fails to comply with the requirements specified in the direction within the time specified therein, the Commissioner may reject the plans.
(5) Where an application is made under subsection (1) regarding any plans of any fire safety works, the Commissioner may, without checking the plans, approve those plans if —(a)
in the case of plans mentioned in subsection (2)(a), the application and plans are accompanied by —(i)
a written declaration by the qualified person who prepared those plans declaring that the plans (excluding the alternative solution) have been prepared in accordance with the Fire Code and comply with the provisions of this Act;
(ii)
a written declaration by the fire safety engineer who prepared or (as the case may be) supervised the preparation of the plans or that part thereof containing the alternative solution, declaring that the alternative solution satisfies the fire performance requirements and complies with the provisions of this Act; and
(iii)
a certification from the peer reviewer that the alternative solution contained in the plans or that part thereof satisfies the fire performance requirements and complies with the provisions of this Act; or
(b)
in the case of plans mentioned in subsection (2)(b), the application and plans are accompanied by a written declaration by the qualified person who prepared those plans declaring that the plans have been prepared in accordance with the Fire Code and the provisions of this Act.[7/2004; 14/2013]
(6) Despite subsection (5), the Commissioner may, in his or her discretion, carry out random checks on any plans of fire safety works at any time before or after approving the plans under that subsection.
(7) The Commissioner may at any time revoke any approval granted in respect of any plans of fire safety works —(a)
under subsection (3)(a), if the Commissioner 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 (5), if the Commissioner is satisfied that the written declaration submitted by the qualified person or fire safety engineer or the certificate of a peer reviewer mentioned in that subsection is false.[7/2004]
(8) The Commissioner must not revoke any approval granted in respect of any plans of fire safety works unless —(a)
the Commissioner 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, and any of the provisions of this Act; and
(b)
the person has failed or refused to comply with the requirements specified in the written notice.[14/2013]
(9) The requirements mentioned in subsection (8) 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.
(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.
(11) The Commissioner must in writing notify the person for whom the fire safety works are carried out of the Commissioner’s decision —(a)
to disapprove any plans of fire safety works under subsection (3)(b);
(b)
to reject any plans of fire safety works under subsection (4); or
(c)
to revoke an approval granted in respect of any plans of fire safety works under subsection (7),
and must specify a date, not less than 14 days from the date of the written notification, on which the decision of the Commissioner takes effect.
(12) 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 35 in respect of any building to which the fire safety works relate; and
(b)
any fire safety certificate or temporary fire permit issued in respect of the fire safety works under section 60,
as the case may be, automatically lapses.
[7/2004]
(13) For the purposes of this section, any plans of any fire safety works that are prepared in accordance with the solutions issued by the Commissioner as in compliance with the fire performance requirements are deemed to satisfy the fire performance requirements.[23
[7/2004]
Prohibition of fire safety works without approval of plans
Open ↗56.—(1) A person must not carry out, or permit or authorise the carrying out of, any fire safety works —(a)
before the Commissioner has approved all the plans of the fire safety works under section 55; or
(b)
otherwise than in accordance with the plans approved under section 55.[22/2019]
(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 $200,000 or to imprisonment for a term not exceeding 2 years 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.[24
[14/2013]
Appointment and duties of qualified person
Open ↗57.—(1) Subject to the provisions of this Act, every person for whom any fire safety works are or are to be carried out must appoint —(a)
in the case of plans mentioned in section 55(2)(a) —(i)
the same qualified person who prepared those plans to supervise the carrying out of the fire safety works, including the alternative solution, as required under this section; and
(ii)
the same fire safety engineer who prepared or (as the case may be) supervised the preparation of the plans or that part thereof containing the alternative solution to supervise the carrying out of the fire safety works or part thereof containing the alternative solution as required under this section; or
(b)
in the case of plans mentioned in section 55(2)(b), the same qualified person who prepared the approved plans of those fire safety works to supervise the fire safety works as required under this section.[7/2004]
(2) Where any fire safety works involve the installation of a regulated fire safety product and the qualified person appointed under subsection (1) is not an appropriate qualified person to supervise the installation, every person for whom the fire safety works are or are to be carried out must appoint an appropriate qualified person to supervise the installation of the regulated fire safety product.[22/2019]
(3) If any qualified person or fire safety engineer appointed under subsection (1) or (2) or paragraph (b) becomes unwilling or unable, whether by reason of the termination of his or her appointment or for any other reason, to carry out his or her duties under subsection (5) —(a)
the qualified person or fire safety engineer must, within 14 days of his or her ceasing to carry out his or her 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 must cease or cause to be ceased and must not commence or cause to be commenced the carrying out of such work until the person has appointed another appropriate qualified person or fire safety engineer in respect of such works.[7/2004; 22/2019]
(4) Where the person for whom any such works are or are to be carried out appoints an appropriate qualified person or fire safety engineer under subsection (3)(b), the person must, within 7 days of the appointment, notify the Commissioner of the appointment.[7/2004]
(5) Every qualified person or fire safety engineer appointed under this section in respect of any fire safety works must —(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 59, 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 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.[7/2004; 14/2013]
(6) Any person who contravenes or fails to comply with subsection (1), (2) or (3)(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 or part of a day during which the offence continues after conviction.[14/2013; 22/2019]
(7) Subject to subsection (9), any qualified person or fire safety engineer who fails to comply with a requirement mentioned in subsection (5)(a) or (b) 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 2 years or to both; and
(b)
in respect of a continuing failure to comply with the requirement mentioned in subsection (5)(a) or (b) (as the case may be), to an additional fine not exceeding $1,000 for every day or part of a day the qualified person or fire safety engineer fails to comply with the requirement.[22/2019]
(8) Subject to subsection (9), any qualified person or fire safety engineer who fails to comply with a requirement mentioned in subsection (5)(c) shall be guilty of an offence and shall be liable on conviction —(a)
to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; and
(b)
in respect of a continuing failure to comply with the requirement mentioned in that subsection, to an additional fine not exceeding $1,000 for every day or part of a day the qualified person or fire safety engineer fails to comply with the requirement.[22/2019]
(9) Where the failure to comply in respect of which the qualified person or fire safety engineer is convicted under subsection (7) or (8) continues after the conviction, the qualified person or fire safety engineer shall be guilty of a further offence and shall be liable on conviction of the further offence to a fine not exceeding $2,000 for every day or part of a day during which the failure to comply continues after conviction.[22/2019]
(10) It is a defence in any prosecution for a contravention or non‑compliance with subsection (5)(b) for the person charged to prove to the satisfaction of the court that the person did not know, nor could reasonably have discovered, the contravention or non‑compliance referred to in the charge.
(11) Any qualified person or fire safety engineer 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 (3)(a) or (4) shall be guilty of an offence.[25
[7/2004]
Supervision of fire safety works
Open ↗58.—(1) Except as otherwise provided in this Act, a person must not commence or carry out any fire safety works except under the supervision of an appropriate qualified person or fire safety engineer appointed under section 57(1), (2) or (3)(b).[7/2004; 14/2013; 22/2019]
(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 $200,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $2,000 for every day or part of a day during which the offence continues after conviction.[26
[14/2013]
Modification or waiver of requirements relating to fire safety
Open ↗59.—(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 the Commissioner may impose, any of the requirements relating to fire safety in buildings or in relation to relevant pipelines as may be prescribed in any regulations made under this Act.[14/2013]
(2) Every such application must —(a)
be made in writing to the Commissioner by or on behalf of the owner of the building or the person for whom the relevant pipeline works are being carried out (as the case may be) 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.[14/2013]
(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 to the Minister within 28 days of the date of notification of the decision.[27
[22/2019]
Fire safety certificate
Open ↗60.—(1) Any person for whom any fire safety works had been carried out and completed must apply to the Commissioner and obtain a fire safety certificate in respect of the completed fire safety works.
(2) All applications under subsection (1) must 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 relevant pipeline, or part thereof —(a)
issue the fire safety certificate, subject to such conditions as the Commissioner 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.[14/2013]
(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 is 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 fire safety works, the Fire Code, and the provisions of this Act, 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.[14/2013; 22/2019]
(6) Any registered inspector who —(a)
issues a certificate mentioned in subsection (5) that is false or misleading in any material particular; and
(b)
does so knowing, or reckless as to whether, the certificate is false or misleading in any material particular,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both.
[22/2019]
(7) Despite subsection (5), the Commissioner may, in his or her 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.
(8) 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 or she 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 or she is satisfied that any certificate of the registered inspector mentioned in that subsection is false.
(9) The Commissioner must not revoke a fire safety certificate or temporary fire permit unless —(a)
the Commissioner 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, and any of the provisions of this Act; and
(b)
the person has failed or refused to comply with the requirements specified in the written notice.[14/2013]
(10) The requirements mentioned in subsection (9) 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.
(11) Any person who fails or refuses to comply with any requirement specified in the written notice given by the Commissioner under subsection (9) shall be guilty of an offence.
(12) The Commissioner must in writing notify the person for whom the fire safety works are carried out of the Commissioner’s decision to revoke a fire safety certificate or temporary fire permit, and must specify a date, not less than 14 days from the date of the written notification, on which the decision of the Commissioner takes effect.
(13) 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 $1,000 for every day or part of a day during which the offence continues after conviction.[29
[14/2013]
Application for change of use of premises
Open ↗61.—(1) Any person who changes the use of any premises must, 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 must 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 the Commissioner 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 such written directions may also —(i)
require the applicant to provide additional fire safety measures in relation to the building; or
(ii)
provide that the work or alteration must be completed before the expiry of a specified period.[14/2013]
(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 is 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 $200,000 or to imprisonment for a term not exceeding 2 years 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; 22/2019]
(6) Nothing in this section is to be taken in any way to derogate from the provisions of the Planning Act 1998 and any relevant rules made under that Act relating to change of use of premises.[30
Order for demolition, removal, etc., of unauthorised fire safety works
Open ↗62.—(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, or any of the provisions of this Act (called in this section the unauthorised fire safety works), the Commissioner may by written order 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, and any of the provisions of this Act; or
(c)
the demolition of the building or relevant pipeline, or part thereof to which the unauthorised fire safety works relate.[14/2013]
(2) An order made under subsection (1) may specify all or any of the following:(a)
the manner in which the works, alteration or demolition mentioned in subsection (1) is to be carried out;
(b)
the time within which the works, alteration or demolition must commence;
(c)
the time within which the works, alteration or demolition must be completed.
(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 60, on the owner of the building or the occupier of that part of the building affected by the order, as the case may be;
(b)
where fire safety works are being carried out in relation to a building, on the person for whom the fire safety works are carried out or the qualified person supervising the fire safety works;
(c)
where a temporary fire permit has been granted in respect of a relevant pipeline under section 60, on the pipeline owner or the person for whom the relevant pipeline works are carried out; or
(d)
where fire safety works are being carried out in relation to a relevant pipeline or part thereof, on the person for whom the fire safety works are carried out or the qualified person supervising the fire safety works,
and must specify a date, not less than 14 days from the date of the order, on which the order takes effect.
[14/2013]
(4) If an order made under subsection (1) is not complied with and no appeal under section 64 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, the relevant pipeline 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 or cessation of use of the relevant pipeline; and
(b)
recover all expenses reasonably incurred by the Commissioner in the exercise of the Commissioner’s powers under this section from the person in default.[14/2013]
(5) Without prejudice to the right of the Commissioner to exercise his or her 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 $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) The Commissioner may seize any material resulting from the carrying out of any work under subsection (4).
(7) Any material seized by the Commissioner under this section may be confiscated by the Commissioner and may be disposed of in such manner as the Commissioner thinks fit, and the proceeds (if any) of such disposal must be paid into the Consolidated Fund.[30A
Closure order
Open ↗63.—(1) Where the Commissioner makes an order under section 62(4)(a) requiring the closure of any building or cessation of use of any relevant pipeline, or part thereof, the order (called in this section a closure order) must be served —(a)
where the closure order relates to the building — on the owner of the building;
(b)
where the closure order relates to a part of the building — on the occupier of that part of the building; or
(c)
where the closure order relates to a relevant pipeline — on the pipeline owner.[14/2013]
(2) A closure order must specify a date, not less than 14 days after the date of the closure order, on which the closure order takes effect, and may require the person served —(a)
where the order relates to a building or a part of the building, to cease to inhabit or use 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; or
(b)
where the order relates to a relevant pipeline, to cease using the pipeline or allowing it to be used.[14/2013]
(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), a person other than a member of the Force in the course of his or her duty must not enter, be in or use the building or that part thereof to which the closure order relates at any time.[14/2013]
(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 $1,000 for every day or part of a day during which the offence continues after conviction.[14/2013]
(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 or she thinks fit and subject to such conditions as he or she may impose, by written notice permit any person to enter, be in or use the building or that part thereof to which the closure order relates. [14/2013]
(6) Any permission granted under subsection (5) may be cancelled by the Commissioner at any time and for any reason.
(7) A closure order remains in force in respect of a building or relevant pipeline, 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;
(b)
where the closure order relates to a part of the building — on the occupier of that part of the building; or
(c)
where the closure order relates to a relevant pipeline — on the pipeline owner.[14/2013]
(8) A notice of expiry of a closure order must specify the building or relevant pipeline, or the part thereof, to which it relates and the date upon which the closure order expires. [30B
[14/2013]
Appeals to Minister
Open ↗64. Any person aggrieved by —(a)
a decision of the Commissioner to disapprove any plans of fire safety works under section 55(3)(b);
(b)
a decision of the Commissioner to reject any plans of fire safety works under section 55(4);
(c)
a decision of the Commissioner to revoke any approval granted in respect of any plans of fire safety works under section 55(7);
(d)
a decision of the Commissioner to revoke any fire safety certificate or temporary fire permit under section 60(8);
(e)
an order made by the Commissioner under section 62(1); or
(f)
a closure order made by the Commissioner under section 62(4)(a),
may, before the decision or order (as the case may be) takes effect, appeal in writing to the Minister.
[30C
Application of this Part to Government buildings, etc.
Open ↗65.—(1) This Part applies to fire safety works starting on or after 15 April 2004 and which are carried out by or on behalf of the Government in any building wholly or partly owned or occupied by the Government, but nothing in this Act renders the Government to prosecution for an offence.[7/2004]
(2) To avoid doubt, no person is immune from prosecution for any offence under this Part by reason that the person is a contractor engaged to provide services to the Government, or is acting in any other similar capacity for, or on behalf of, the Government.[30D
[7/2004]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
