Singapore legislation
Section 71
Section 71
Installation of non‑compliant fire safety products
(1)
Any relevant person who installs, or causes to be installed, in or on the building —
any non-compliant fire safety product, knowing that it is a non‑compliant fire safety product; or
any regulated fire safety product, knowing that the manner in which it is installed adversely affects fire safety in the building,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.
(2)
Any relevant person who installs, or causes to be installed, in or on the building any non-compliant fire safety product, reckless or negligent as to whether it is a non‑compliant fire safety product shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000.
(3)
Any relevant person who installs, or causes to be installed, in or on the building any regulated fire safety product in a manner that adversely affects fire safety in the building, reckless or negligent as to whether the manner in which the regulated fire safety product is installed adversely affects fire safety in the building, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000.
(4)
If a relevant person is guilty of an offence under subsection (2) and —
a fire occurs in a building in which that non‑compliant fire safety product is installed;
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
damage, death or injury attributable to the fire occurs,then the person shall, instead of the punishment prescribed in subsection (2), be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both.
(5)
If a relevant person is guilty of an offence under subsection (3) and —
a fire occurs in a building in which that regulated fire safety product is installed; and
damage, death or injury attributable to the fire occurs,then the person shall, instead of the punishment prescribed in subsection (3), be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both.
(6)
However, subsection (4) or (5) 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 or the manner in which the regulated fire safety product was installed (as the case may be) did not cause or worsen any damage, death or injury attributable to the fire.
(7)
It is a defence to a prosecution for an offence under subsection (2) if it is proved, on a balance of probabilities, that the relevant person had taken all reasonable steps to ensure that the regulated fire safety product so installed was a compliant fire safety product at the time the regulated fire safety product was delivered to the relevant person.
(8)
It is a defence to a prosecution for an offence under subsection (3) if the relevant person proves, on a balance of probabilities, that the relevant person had taken all reasonable steps to ensure that the regulated fire safety product was installed in accordance with the Fire Code.
(9)
Subsections (1)(a) and (2) do not apply in relation to a relevant person if the regulated fire safety product in question is a non‑compliant fire safety product only by reason that the certificate of conformity for the regulated fire safety product expires or is suspended or terminated after the regulated fire safety product is delivered to the relevant person.
(10)
In this section —
Definition
“builder” has the meaning given by section 2(1) of the Building Control Act 1989;
Definition
“relevant person”, in relation to a building, means the owner or builder of the building.[32D