Singapore legislation
Section 43
Section 43
Disciplinary action against fire safety engineers
(1)
Where the Commissioner is satisfied that the fire safety engineer —
has been convicted of any offence under this Act, or any other offence involving fraud or dishonesty;
has obtained his or her registration under this Act by fraud or misrepresentation;
has his or her qualification for registration withdrawn or cancelled by the institution or authority through which it was acquired or by which it was awarded;
has contravened section 41(3), (4) or (5);
has not complied with the prescribed requirements relating to such continuing professional education programme for a fire safety engineer, or has failed to submit records relating thereto, as the Commissioner may require;
is no longer in a position to effectively carry out his or her duties or responsibilities as a fire safety engineer or peer reviewer under this Act;
has his or her registration as a registered inspector cancelled or has been suspended from practice as a registered inspector, where the fire safety engineer is also a registered inspector; (h)has for any reason ceased to be a qualified person, where the fire safety engineer is also a qualified person; or
has not complied with any condition of his or her registration,the Commissioner may, after giving the fire safety engineer concerned a reasonable opportunity of being heard, either orally or in writing, exercise any of the powers in subsection (2).
(2)
The powers the Commissioner may exercise under subsection (1) in relation to a fire safety engineer are as follows:
cancel the registration of the fire safety engineer;
suspend the registration of the fire safety engineer for a period not exceeding 12 months;
impose such conditions as are necessary to restrict the practice of the fire safety engineer for a period not exceeding 12 months, including any condition requiring the fire safety engineer to undergo further training, to practise only under supervision or to cease acting as a peer reviewer;
require the fire safety engineer to give such undertaking as the Commissioner thinks fit;
impose on the fire safety engineer a penalty not exceeding $5,000;
censure the fire safety engineer in writing;
dismiss the complaint against the fire safety engineer; or
make such other orders as the Commissioner thinks fit.
(3)
Where a fire safety engineer in respect of whom any conditions have been imposed, or any undertaking is required to be given, under subsection (2)(c) or (d) fails to comply with any of the conditions or breaches his or her undertaking, or the fire safety engineer fails to pay the penalty under subsection (2)(e), the Commissioner may, if the Commissioner thinks fit, after giving the fire safety engineer concerned a reasonable opportunity of being heard either orally or in writing, by order —
cancel the registration of the fire safety engineer; or
suspend the registration of the fire safety engineer for such period not exceeding 12 months as may be specified in the order.
(4)
The Commissioner may, by written notice served on the fire safety engineer concerned, vary or revoke any of the conditions imposed on the fire safety engineer under subsection (2)(c).
(5)
Any decision of the Commissioner under subsection (2), (3) or (4) in relation to a fire safety engineer does not take effect until the 15th day after the date on which the decision is communicated to the fire safety engineer concerned.
(6)
Any person against whom the Commissioner has made any decision under subsection (2), (3) or (4) may, if aggrieved by the decision, appeal to the Minister within a period of 14 days after receiving notice of such decision.
(7)
Any penalty imposed on a fire safety engineer under subsection (2)(e) is recoverable as a debt due from the fire safety engineer.
(8)
In any proceedings under this section and section 44 against a fire safety engineer consequent upon his or her conviction for an offence, the Commissioner and an Inquiry Committee must accept his or her conviction as final and conclusive.[22C