Singapore legislation
Section 69
Section 69
Certification of regulated fire safety products
(1)
A person commits an offence if —
the person is not an accredited certification body;
the person certifies, or holds out or advertises in any way that the person is willing to certify, that any regulated fire safety product complies with the applicable standard for the regulated fire safety product; and
the person —
knows that it is not an accredited certification body; or
is reckless or negligent as to whether it is an accredited certification body.
(2)
An accredited certification body commits an offence if the accredited certification body issues a certificate of conformity for a regulated fire safety product that does not comply with the applicable standard for the regulated fire safety product if —
the accredited certification body knows that the regulated fire safety product does not so comply; or
the accredited certification body is reckless or negligent as to whether the regulated fire safety product so complies.
(3)
An accredited certification body that issues a certificate of conformity for a regulated fire safety product must cancel the certificate of conformity for the purposes of this Act —
as soon as practicable after the accredited certification body knows or has reasonable cause to believe (whether by a test or analysis conducted under section 72(1) or otherwise) that the regulated fire safety product does not comply with the applicable standard for the regulated fire safety product; or
where the Fire Code requires any post-certification test to be conducted for the regulated fire safety product within a specified period after the issue of the certificate of conformity — as soon as practicable after the accredited certification body knows or has reasonable cause to believe that the post-certification test is not conducted within the specified period.
(4)
Any person who is guilty of an offence under subsection (1)(c)(i) or (2)(a) —
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
in the case of a continuing contravention of subsection (1)(c)(i) —
shall be liable on conviction to an additional fine not exceeding $1,000 for each day or part of a day the contravention continues; and (ii)if the contravention continues after the conviction, shall be guilty of a further offence and shall be liable on conviction of this further offence to a fine not exceeding $2,000 for every day or part of a day during which the contravention continues after conviction.
(5)
Any person who is guilty of an offence under subsection (1)(c)(ii) or (2)(b) —
shall be liable on conviction to a fine not exceeding $50,000; and
in the case of a continuing contravention of subsection (1)(c)(ii) —
shall be liable on conviction to an additional fine not exceeding $1,000 for each day or part of a day the contravention continues; and (ii)if the contravention continues after the conviction, shall be guilty of a further offence and shall be liable on conviction of this further offence to a fine not exceeding $2,000 for every day or part of a day during which the contravention continues after conviction.
(6)
If a person is guilty of an offence under subsection (1)(c)(ii) or (2)(b) and —
a fire occurs in a building in which that regulated fire safety product is installed; (b)the regulated fire safety product does not, during the fire, function or perform in a manner that complies with the applicable standard for the regulated fire safety product; and
damage, death or injury attributable to the fire occurs, then the person shall, instead of the punishment prescribed in subsection (5)(a), be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both.
(7)
However, subsection (6) does not apply if it is proved, on a balance of probabilities, that the failure of the regulated fire safety product to function or perform did not cause or worsen any damage, death or injury attributable to the fire.
(8)
Any accredited certification body that contravenes subsection (3)(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
in the case of a continuing contravention of subsection (3)(a) or (b) (as the case may be), to an additional fine not exceeding $1,000 for each day or part of a day the contravention continues, and if the contravention continues after the conviction, the person shall be guilty of a further offence and shall be liable on conviction of this further offence to a fine not exceeding $2,000 for every day or part of a day during which the contravention continues after conviction.[32B