Charging for extinguishing fires, etc., on inland waters or sea
Open ↗93.—(1) The Commissioner may charge fees for extinguishing any fire or protecting life and property in the event of any fire on inland waters or the sea, from such classes of persons as may be prescribed.[14/2013]
(2) The Commissioner may recover as a debt due to the Government, from the classes of prescribed persons mentioned in subsection (1), the reasonable costs and expenses of investigating a fire mentioned in that subsection, including charges for any laboratory analysis.[22/2019]
(3) Different classes of persons and amounts of fees may be prescribed for different circumstances.[14/2013]
(4) Any such unpaid fees may be recovered by the Government as a civil debt in any court of competent jurisdiction.[14/2013]
(5) In this section, references to the sea are not restricted to the territorial waters of Singapore.[43
[14/2013]
Obstructing authorised persons in execution of their duty
Open ↗94. Any person who obstructs, hinders or impedes the Commissioner or any person authorised under this Act in the performance and execution of his or her duty or of anything which he or she is empowered or required to do by virtue or in consequence of or under this Act 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.[44
[14/2013]
Analyst’s certificate
Open ↗95.—(1) A certificate purporting to be signed by an analyst employed by the Health Sciences Authority and purporting to relate to petroleum is to be admitted in evidence in any proceedings for an offence under Part 6, on its production by the prosecution without proof of signature and, until the contrary is proved, such certificate is prima facie evidence of all matters contained therein.[4/2001]
(2) In this section, “Health Sciences Authority” means the Health Sciences Authority established under the Health Sciences Authority Act 2001.[45
[4/2001]
Powers of arrest
Open ↗96.—(1) The Commissioner or any member of or above the rank of warrant officer duly authorised in writing in that behalf by the Commissioner or any police officer may without warrant arrest any person whom he or she reasonably suspects to have committed an offence under this Act —(a)
if the name and address of the person are unknown to him or her;
(b)
if the person declines to give the person’s name and address; or
(c)
if there is any reason to doubt the accuracy of the name and address, if given.[7/2004; 14/2013]
(2) A person arrested under this section may be detained until the person’s name and address are correctly ascertained.
(3) No person arrested may be detained longer than is necessary for bringing the person before a court unless the order of a court for his or her detention is obtained.[46
Inaccuracies in documents
Open ↗97.—(1) A misnomer or inaccurate description of any person, premises, building, holding, street or place named or described in any document prepared, issued or served under, by virtue of or for the purposes of this Act, does not in any way affect the operation of this Act as respects that person or place if that person or place is so designated in the document as to be identifiable.[14/2013]
(2) No proceedings taken under or by virtue of this Act are invalid for want of form.[47
[14/2013]
Evidence
Open ↗98.—(1) The contents of any document prepared, issued or served under, by virtue of or for the purposes of this Act are, until the contrary is proved, presumed to be correct.[14/2013]
(2) All records and other documents required by this Act to be kept by the Commissioner are deemed to be public documents, and copies thereof or extracts therefrom certified by the officer responsible for the custody thereof to be true copies or extracts (as the case may be), subscribed by that officer with the officer’s name and the officer’s official title is admissible in evidence as proof of the contents of the documents or extracts.[14/2013]
(3) A certificate purporting to be under the hand of the Commissioner and specifying the costs and expenses or arrears as due and payable by any person is prima facie evidence of the facts certified therein and of the signature of the Commissioner.[48
Service of documents
Open ↗99.—(1) A document that is permitted or required by this Act to be served on, given or communicated to a person may be served as described in this section.[22/2019]
(2) A document may be served on an individual —(a)
by giving it to the individual personally;
(b)
by sending it by prepaid registered post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address;
(c)
by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there;
(d)
by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address;
(e)
by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual; or
(f)
by sending it by email to the individual’s last email address.[22/2019]
(3) A document may be served on a partnership (other than a limited liability partnership) —(a)
by giving it to any partner or other similar officer of the partnership;
(b)
by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address;
(c)
by sending it by fax to the fax number used at the partnership’s business address; or
(d)
by sending it by email to the partnership’s last email address.[22/2019]
(4) A document may be served on a body corporate (including a limited liability partnership) —(a)
by giving it to the body corporate’s secretary or other similar officer, or the limited liability partnership’s manager;
(b)
by leaving it at, or by sending it by prepaid registered post to, the body corporate’s registered office or principal office in Singapore;
(c)
by sending it by fax to the fax number used at the body corporate’s registered office or principal office in Singapore; or
(d)
by sending it by email to the body corporate’s last email address.[22/2019]
(5) Service of a document under this section takes effect —(a)
if the document is sent by fax and a notification of successful transmission is received, on the day of transmission;
(b)
if the document is sent by email, at the time that the email becomes capable of being retrieved by the person to whom it is sent; and
(c)
if the document is sent by prepaid registered post, 2 days after the day the document was posted (even if it is returned undelivered).[22/2019]
(6) However, service of any document under this Act on a person by email may be effected only with the person’s prior consent (express or implied) to service in that way.[22/2019]
(7) This section does not apply to documents to be served in proceedings in court.[22/2019]
(8) In this section —“business address” means —(a)
in the case of an individual, the individual’s usual or last known place of business in Singapore; or
(b)
in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore;
“document” includes a notice or an order permitted or required by this Act to be served;
“last email address” means —(a)
the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; or
(b)
the last email address of the addressee concerned known to the person giving or serving the document;
“residential address” means an individual’s usual or last known place of residence in Singapore.[49
[22/2019]
Use of electronic service for making applications under Part 4
Open ↗99A.—(1) The Commissioner may permit an application to him or her under Part 4 to be made through the electronic service described in section 42AA of the Building Control Act 1989.(2) Where a person uses the electronic service mentioned in subsection (1) to make an application to the Commissioner, the Commissioner may serve on the person any acknowledgment, approval, certificate, direction, notice, permit or other document in connection with the application, by sending it to the person’s account with the electronic service.
(3) Service of a document on a person under subsection (2) takes effect at the time when an electronic record of the document reaches the person’s account with the electronic service.
(4) This section applies despite anything to the contrary in this Act.
(5) In this section, “electronic record” has the meaning given by section 2(1) of the Electronic Transactions Act 2010.
[Act 23 of 2023 wef 18/12/2023]
—(1) The Commissioner may permit an application to him or her under Part 4 to be made through the electronic service described in section 42AA of the Building Control Act 1989.
(2) Where a person uses the electronic service mentioned in subsection (1) to make an application to the Commissioner, the Commissioner may serve on the person any acknowledgment, approval, certificate, direction, notice, permit or other document in connection with the application, by sending it to the person’s account with the electronic service.
(3) Service of a document on a person under subsection (2) takes effect at the time when an electronic record of the document reaches the person’s account with the electronic service.
(4) This section applies despite anything to the contrary in this Act.
(5) In this section, “electronic record” has the meaning given by section 2(1) of the Electronic Transactions Act 2010.
Jurisdiction of court
Open ↗100. Despite the provisions of the Criminal Procedure Code 2010, a District Court has jurisdiction to hear and determine all offences under this Act and has power to impose the full penalty or punishment in respect of an offence under this Act.[50
[14/2013]
Composition of offences
Open ↗101.—(1) The Commissioner may compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following:(a)
one half of the amount of the maximum fine that is prescribed for the offence;
(b)
$5,000.[14/2013]
(2) On payment of such sum of money, no further proceedings may be taken against that person in respect of the offence.[14/2013]
(3) The Minister may make regulations to prescribe the offences which may be compounded under this section.[51
Conduct of prosecutions
Open ↗102. Proceedings in respect of any offence under this Act may, with the authorisation of the Public Prosecutor, be conducted by any officer of the Force or any other person authorised in writing in that behalf by the Commissioner.[52
[15/2010; 14/2013]
Exemption
Open ↗103. The Minister may, by order either generally or in any particular case, and subject to such conditions as the Minister may impose, exempt any person, premises, structure, aircraft, vehicle, vessel or fire safety works from all or any of the provisions of this Act.[53
[7/2004; 14/2013]
Offences by corporations
Open ↗104.—(1) Where, in any proceedings for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that —(a)
an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent authority; and
(b)
the officer, employee or agent had that state of mind,
is evidence that the corporation had that state of mind.
[22/2019]
(2) Where a corporation commits an offence under this Act, a person —(a)
who is —(i)
an officer of the corporation; or
(ii)
an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and
(b)
who —(i)
consented or connived, or conspired with others, to effect the commission of the offence;
(ii)
is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or
(iii)
knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence,
shall be guilty of that same offence as is the corporation, and shall be liable on conviction to be punished accordingly.
[22/2019]
(3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear.[22/2019]
(4) To avoid doubt, this section does not affect the application of —(a)
Chapters 5 and 5A of the Penal Code 1871; or
(b)
the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence.[22/2019]
(5) To avoid doubt, subsection (2) also does not affect the liability of the corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence.[22/2019]
(6) In this section —“corporation” includes a limited liability partnership within the meaning of section 2(1) of the Limited Liability Partnerships Act 2005;
“officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes —(a)
any person purporting to act in any such capacity; and
(b)
for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation;
“state of mind” of a person includes —(a)
the knowledge, intention, opinion, belief or purpose of the person; and
(b)
the person’s reasons for the intention, opinion, belief or purpose.[54
[22/2019]
Offences by unincorporated associations or partnerships
Open ↗105.—(1) Where, in any proceedings for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that —(a)
an employee or agent of the unincorporated association or partnership engaged in that conduct within the scope of his or her actual or apparent authority; and
(b)
the employee or agent had that state of mind,
is evidence that the unincorporated association or partnership had that state of mind.
[22/2019]
(2) Where an unincorporated association or a partnership commits an offence under this Act, a person —(a)
who is —(i)
an officer of the unincorporated association or a member of its governing body;
(ii)
a partner in the partnership; or
(iii)
an individual involved in the management of the unincorporated association or partnership and in a position to influence the conduct of the unincorporated association or partnership (as the case may be) in relation to the commission of the offence; and
(b)
who —(i)
consented or connived, or conspired with others, to effect the commission of the offence;
(ii)
is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or
(iii)
knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence,
shall be guilty of the same offence as is the unincorporated association or partnership (as the case may be), and shall be liable on conviction to be punished accordingly.
[22/2019]
(3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the unincorporated association or partnership would bear.[22/2019]
(4) To avoid doubt, this section does not affect the application of —(a)
Chapters 5 and 5A of the Penal Code 1871; or
(b)
the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence.[22/2019]
(5) To avoid doubt, subsection (2) also does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence.[22/2019]
(6) In this section —“officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, and includes —(a)
any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and
(b)
any person purporting to act in any such capacity;
“partner” includes a person purporting to act as a partner;
“state of mind” of a person includes —(a)
the knowledge, intention, opinion, belief or purpose of the person; and
(b)
the person’s reasons for the intention, opinion, belief or purpose.[54A
[22/2019]
Adoption of codes and standards
Open ↗106.—(1) Any regulations made under section 113 may adopt (wholly or partially or as amended by the regulations or by reference) any code, standard, rule, specification or provision which relates to any matter with which the regulations deal and which is —(a)
recommended, issued or adopted by the Enterprise Singapore Board;
(b)
recommended, issued or adopted by any other standards organisation or body of any place outside Singapore being an organisation or body approved by the Commissioner; or
(c)
included in any document issued by any Government department or issued by the public authority constituted under any written law.[14/2013; 10/2018]
(2) The Commissioner must cause a copy of every code, standard, rule, specification or provision adopted under subsection (1)(b) or (c) to be made available for inspection by members of the public without charge at the office of the Commissioner during normal office hours.
(3) In any proceedings under this Act, a copy certified by the Commissioner as a true copy of a code, standard, rule, specification or provision adopted under subsection (1)(b) or (c) is evidence of the code, standard, rule, specification or provision so adopted.[14/2013]
(4) Unless otherwise provided in any regulations made under section 113, in the event that any code, standard, rule, specification or provision adopted under subsection (1) is inconsistent with the Code of Practice for Fire Precautions in Buildings published by the Commissioner, the Code of Practice for Fire Precautions in Buildings prevails.[55
[14/2013]
General penalties
Open ↗107. Any person who is guilty of an offence under this Act for which no penalty is expressly provided 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.[56
[14/2013]
Provision of information
Open ↗108.—(1) In addition to any other powers under this Act, the Commissioner or any authorised officer may by notice require any person to provide, within a reasonable period specified in the notice, any document, record or information in the possession or knowledge of that person that the Commissioner or the authorised officer (as the case may be) believes on reasonable grounds to be relevant to the administration or enforcement of this Act.[14/2013]
(2) The power to require a person to provide any document or record under subsection (1) includes the power to retain the original copy of the document or record or to copy or make extracts from the document or record.[14/2013]
(3) Any person who, without reasonable excuse, fails to comply with any notice under subsection (1) or who provides any information which the person knows or has reason to believe is false or misleading shall be guilty of an offence.[57
[14/2013]
False or misleading information
Open ↗109. Any person who provides any information, that the person knows or has reason to believe is false or misleading, to the Commissioner or licensing officer in connection with any application for a licence or permit under this Act 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.[57A
[22/2019]
Saving of prosecutions under other laws
Open ↗110.—(1) Nothing in this Act prevents any person from being prosecuted under any other written law for any act or omission which constitutes an offence under this Act, or from being liable under that other law to any other or higher punishment or penalty than that provided by this Act.[14/2013]
(2) No person shall be punished twice for the same offence.[58
Protection from liability
Open ↗111.—(1) No liability shall lie against the Government or any public officer by reason of the fact that any fire safety works are carried out in accordance with the provisions of this Act or that such works or plans of the building are subject to inspection or approval by the Commissioner or the public officer.
(2) Nothing in this Act makes it obligatory for the Commissioner to inspect any building or fire safety works or the site of any proposed building to ascertain whether the provisions of this Act are complied with or whether any plans, certificates, notices or other documents submitted to the Commissioner are accurate.[14/2013]
(3) No matter or thing done by the Commissioner or by any public officer, fire forensic specialist or member of the Force or done by an individual appointed under section 21, if it were done with reasonable care and in good faith for the purpose of carrying out the provisions of this Act, subjects the Commissioner or such person personally liable to any action, liability, claim or demand whatsoever.[59
[14/2013; 10/2015; 22/2019]
Transfer of employees to Force
Open ↗112. On 8 April 1994, every person who immediately before that date was serving in the Singapore Fire Service constituted under the repealed Fire Service Act (Cap. 110, 1985 Revised Edition) and in force immediately before that date is transferred to the Force on the same terms and rank enjoyed or attained by the person immediately prior to the person’s transfer and is deemed to be appointed under the Civil Defence Act 1986, and the person’s service in the Singapore Fire Service is deemed to be service under the Civil Defence Act 1986.[60
Regulations
Open ↗113.—(1) The Minister may make regulations for carrying out the purposes and provisions of this Act as the Minister considers necessary and for any matter which is required under this Act to be prescribed and, in particular, the Minister may make regulations in respect of all or any of the following matters:(a)
the establishment, registration and regulation of fire safety managers and Company Emergency Response Teams in any premises or any class of premises as may be prescribed by the Minister, and the requirement for such persons to be provided with fire safety equipment as may be prescribed or to undergo such training or assessment and satisfy such standards as the Commissioner may specify;
(b)
the control of the sale, supply, installation, repair, maintenance and inspection of fire safety works;
(c)
the licensing of persons who carry on the trade or business of supplying, selling, maintaining, repairing or inspecting fire safety works;
(d)
the prescribing of the type of fire safety measures to be installed in any premises;
(e)
the prescribing of the requirements of an Emergency Response Plan required under this Act;
(f)
the time and manner of making an application for a fire certificate under section 35, and the circumstances in which the Commissioner may revoke a fire certificate;
(g)
the duties of persons granted licences under section 50;
(h)
the control, regulation and supervision by registration, licensing, inspection or otherwise of places to which the public has access;
(i)
the submission of plans and specifications of fire safety works, the authorisation of persons qualified to submit the same and their duties and responsibilities and the nature or classifications of plans or specifications which each such person may submit;
(j)
the time and manner of making an application for temporary fire permits and fire safety certificate;
(k)
the time and manner of making an application for the change of use of premises;
(l)
the duties of accredited certification bodies in relation to the certification of regulated fire safety products;
(m)
the duties of a local representative appointed by a foreign person to whom a certificate of conformity is issued;
(n)
the duties of a person to whom a certificate of conformity is issued;
(o)
the prescribing of the type of tests to be applied to any petroleum or flammable material to ascertain its flashpoint and the methods of applying the same;
(p)
the determining of the standard of any class of petroleum;
(q)
the licensing and management of relevant pipelines and places for storing any class of petroleum or any flammable material, including requirements to establish Company Emergency Response Teams and to prepare Emergency Response Plans for such Company Emergency Response Teams to undergo such training or assessment and satisfy such standards as the Commissioner may specify;
(r)
the prescribing of the quantities of any class of petroleum or any flammable material that may be stored in any licensed premises and the method in which it is to be stored including the maximum quantity of any class of petroleum or any flammable material that can be stored without a licence for residential, commercial or industrial use;
(s)
the regulation of the dispensing of any class of petroleum or any flammable material;
(t)
the regulation of the conveyance of any class of petroleum or any flammable material by a relevant pipeline;
(u)
the regulation of the transport of any class of petroleum or any flammable material, including specifying the time during which such petroleum or flammable material can be transported and the maximum quantity of any class of petroleum or any flammable material that can be transported without a licence or permit;
(v)
the determining of the quantity of and the receptacles in which any class of petroleum or any flammable material may be carried in any vehicle;
(w)
the prescribing of the standard and specification for the construction of any premises in which any class of petroleum or any flammable material is to be stored;
(x)
the prescribing of the types and standards of materials and appliances to be used for preventing or extinguishing fire in any licensed premises;
(y)
the provisions for the protection of premises adjacent to licensed premises;
(z)
the requiring of any receptacle containing petroleum or flammable material to carry warning labels and to denote the class of petroleum or the flammable material contained therein;
(za)
the regulation of the import, storage, transport, distribution, maintenance and disposal of cylinders used to contain any class of petroleum or flammable material, including requirements to store different brands of cylinders at different licensed premises and for labelling and colour-coding of cylinders;
(zb)
the prescribing of fees and charges for the purposes of this Act;
(zc)
the prescribing of conditions to be attached to any licence or permit, including the requirement for licensees to impose specified contractual terms on other parties to enable the licensee to maintain fire safety in its operations, and the requirements and conditions to be observed by persons at the premises or driving any vehicle to which the licence or permit relates;
(zd)
the regulation, control and licensing of persons and organisations engaged in the business of petroleum or flammable material distribution;
(ze)
the requirement for security to be given by any class of licensees to ensure compliance with this Act;
(zf)
the prescribing of forms for licences and permits and for other purposes for use in connection with this Act;
(zg)
the duties and responsibilities of registered inspectors and fire safety engineers and the manner in which those duties and responsibilities are to be discharged, including a code of conduct and ethics for registered inspectors and fire safety engineers;
(zh)
the prescribing of the procedure of the Appeal Advisory Board;
(zi)
the regulation of the proceedings of any Inquiry Committee constituted under section 9 or section 44;
(zj)
the prescribing of the procedure of or any other matter relating to an appeal to the Minister;
(zk)
the prescribing of a right to appeal to the Minister against a decision made under the regulations;
(zl)
the prescribing of any matter which is required for the purposes of this Act. [7/2004; 14/2013; 22/2019]
(2) The Minister may, in making any regulations under subsection (1), provide that any contravention or failure to comply with any of the provisions of the regulations shall be an offence punishable with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 6 months or with both.[61
Transitional provisions
Open ↗114.—(1) Any scheme, contract, document, licence, permission or resolution prepared, made, granted or approved under the repealed Fire Service Act (Cap. 110, 1985 Revised Edition) or the repealed section 12, 14, 17, 18 or 19 of the Petroleum Act (Cap. 229, 1985 Revised Edition), so far as it is not inconsistent with the provisions of this Act and except as otherwise expressly provided in this Act or in any other written law, continues and is deemed to have been prepared, made, granted or approved under the corresponding provisions of this Act.
(2) All moneys belonging to the Fire Service Welfare Fund established under section 12 of the repealed Fire Service Act (Cap. 110, 1985 Revised Edition) are, on 8 April 1994, transferred to and deemed to be moneys belonging to the Civil Defence Force Fund established under section 101 of the Civil Defence Act 1986 and must be used for the purposes stated in that section.[62
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
