Singapore legislation
Section 55
Section 55
Fire safety works
(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.
(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 —
where the plans or any part thereof contain any alternative solution —
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
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
in any other case, an appropriate qualified person to prepare the plans of those fire safety works.
(3)
The Commissioner may —
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);
disapprove any of the plans which is not in order; or
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.
(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 —
in the case of plans mentioned in subsection (2)(a), the application and plans are accompanied by —
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;
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
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
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.
(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 —
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
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.
(8)
The Commissioner must not revoke any approval granted in respect of any plans of fire safety works unless —
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
the person has failed or refused to comply with the requirements specified in the written notice.
(9)
The requirements mentioned in subsection (8) may include —
the amendment of any of the approved plans of fire safety works;
the rectification of the fire safety works; and
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 —
to disapprove any plans of fire safety works under subsection (3)(b);
to reject any plans of fire safety works under subsection (4); or
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 —
any fire certificate granted under section 35 in respect of any building to which the fire safety works relate; and
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.
(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