Singapore legislation
Section 57
Section 57
Appointment and duties of qualified person
(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 —
in the case of plans mentioned in section 55(2)(a) —
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
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
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.
(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.
(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) —
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
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.
(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.
(5)
Every qualified person or fire safety engineer appointed under this section in respect of any fire safety works must —
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;
notify the Commissioner of any contravention of the provisions of this Act or codes of practice in connection with the fire safety works; and
submit to the Commissioner at the prescribed times such reports and certificates as may be prescribed in any regulations made under this Act.
(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.
(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 —
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.
(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 —
to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; and
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.
(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.
(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