Singapore legislation

Section 70

of Fire Safety Act 1993

Section 70

Supply of regulated fire safety products

Amended by22/201922/201922/201922/2019

(1)

Any person (whether in Singapore or not) who —

(a)

supplies or offers to supply to a person in Singapore any non‑compliant fire safety product as a compliant fire safety product or for use as a regulated fire safety product; or

(b)

in the course of such supply or offer, represents that the non‑compliant fire safety product is a compliant fire safety product or is fit for use as a regulated fire safety product,knowing that the non‑compliant fire safety product is a non‑compliant fire safety product, shall be guilty of an offence and shall be liable on conviction —

(c)

to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both; and

(d)

in the case of a continuing contravention, 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.

Amended by22/2019

(2)

Any person (whether in Singapore or not) who —

(a)

supplies or offers to supply to a person in Singapore any non‑compliant fire safety product as a compliant fire safety product or for use as a regulated fire safety product; or

(b)

in the course of such supply or offer, represents that the non‑compliant fire safety product is a compliant fire safety product or is fit for use as a regulated fire safety product,reckless or negligent as to whether the non-compliant fire safety product is a non‑compliant fire safety product, shall be guilty of an offence and shall be liable on conviction —

(c)

to a fine not exceeding $50,000; and

(d)

in the case of a continuing contravention, 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.

Amended by22/2019

(3)

If a person is guilty of an offence under subsection (2) and —

(a)

a fire occurs in a building in which that non‑compliant fire safety product is installed; (b)the non-compliant 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

(c)

damage, death or injury attributable to the fire occurs, then the person shall, instead of the punishment prescribed in subsection (2)(c), be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both.

Amended by22/2019

(4)

However, subsection (3) does not apply if it is proved, on a balance of probabilities, that the failure of the non‑compliant fire safety product to function or perform did not cause or worsen any damage, death or injury attributable to the fire.[32C

Amended by22/2019