Singapore legislation

Section 32

of Fire Safety Act 1993

Section 32

Provision as to appeal against order

Amended by14/201340/201914/201340/201914/201314/2013

(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.

Amended by14/201340/2019

(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.

Amended by14/2013

(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.

Amended by40/2019

(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.

Amended by14/2013

(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.

Amended by14/2013

(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

Section 32 — Fire Safety Act 1993 | laws.sg