Singapore legislation

Section 76

of Fire Safety Act 1993

Section 76

Power to enter premises to carry out direction without notice or warrant

Amended by22/201922/201922/201922/201922/201922/2019

(1)

If —

(a)

a person to whom a direction mentioned in section 73(1) is given refuses or fails to comply with the direction; and

(b)

the Commissioner has reasonable grounds to believe in respect of any premises that the non‑compliant fire safety product is posing an imminent danger affecting public safety,the Commissioner —

(c)

may authorise any member (called in this section an authorised member) to enter the premises without warrant to carry out the direction; and

(d)

may recover the costs and expenses reasonably incurred in carrying out the direction as a debt due to the Government from that person.

Amended by22/2019

(2)

If the owner or occupier of the premises is present when an authorised member seeks to enter the premises, the authorised member must show the owner or occupier the identity card or identification card and the duly authenticated document mentioned in section 75(3).

Amended by22/2019

(3)

If the owner or occupier is not present when entry under subsection (2) is sought, but some other person who appears to be in charge of the premises is present, then subsection (2) applies to that other person as if that other person were the owner or occupier.

Amended by22/2019

(4)

An authorised member entering the premises under this section may do all or any of the following:

(a)

take with him or her such other persons as may be necessary;

(b)

break open any outer or inner door or window leading to the premises;

(c)

forcibly enter the premises and every part of the premises;

(d)

remove by force any obstruction to the entry;

(e)

remove or demolish any fixtures or fittings in the premises if such removal or demolition is necessary for carrying out the direction mentioned in section 73(1).

Amended by22/2019

(5)

If the premises are unoccupied at the time of entry, the authorised member must leave the premises as effectually secured against trespassers as the authorised member found the premises.

Amended by22/2019

(6)

Subject to subsection (5), the Commissioner is not liable to compensate the owner or occupier for any loss (including reinstatement costs) incurred by the owner or occupier, or for any damage caused to the premises, as a result of anything done with reasonable care and in good faith under subsection (4)(e).[33D

Amended by22/2019