In force2020 Revised Edition

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Amusement Rides Safety Act 2011 · 2020 Revised Edition · Part 6 · Approval and Certification of Fire and Rescue Management System

36. Application for approval and certification of fire and rescue management system

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(1)

An application for —

(a)

the approval of the design and plans of the fire and rescue management system of an amusement ride that is to be installed or undergo a major modification; or

(b)

a certificate of compliance in respect of the fire and rescue management system of an amusement ride,must be made to the Commissioner of Civil Defence in such form and manner as the Commissioner of Civil Defence may require.

(2)

An application under subsection (1) must —

(a)

be submitted to the Commissioner of Civil Defence together with such documents and particulars as the Commissioner of Civil Defence may require; and

(b)

be accompanied by the prescribed fee.

(3)

Upon receiving an application under subsection (1)(a) and the accompanying documents and particulars, the Commissioner of Civil Defence may —

(a)

if satisfied that the fire and rescue management system as shown in the design and plans are adequate and workable, grant the approval applied for —

(i)

in such form or manner and for such duration as the Commissioner of Civil Defence may determine; and

(ii)

subject to such conditions as the Commissioner of Civil Defence thinks fit to impose;

(b)

in writing direct the applicant, at the applicant’s own expense and within the time specified in the direction, to —

(i)

make such alterations or amendments as the Commissioner of Civil Defence may require to the design and plans of the fire and rescue management system;

(ii)

take such measures as the Commissioner of Civil Defence may specify for the purpose of ensuring that the fire and rescue management system will comply with such requirements (if any) as may be prescribed under section 38; and

(iii)

resubmit the application for the approval upon having made those alterations or amendments or taken those measures; or

(c)

refuse to grant the approval, in which case the Commissioner of Civil Defence must, if requested to do so by the applicant, state in writing the reasons for the refusal.

(4)

Upon receiving an application under subsection (1)(b) and the accompanying documents and particulars, the Commissioner of Civil Defence may inspect the fire and rescue management system of the amusement ride in respect of which the application has been made, and thereafter —

(a)

if satisfied that the fire and rescue management system —

(i)

accords with the design and plans in respect of which an approval has been granted under subsection (3)(a), where applicable;

(ii)

complies with such requirements (if any) as may be prescribed under section 38; and

(iii)

is adequate and workable,issue the certificate of compliance applied for —

(iv)

in such form or manner and for such duration as the Commissioner of Civil Defence may determine; and

(v)

subject to such conditions as the Commissioner of Civil Defence thinks fit to impose;

(b)

in writing direct the applicant, at the applicant’s own expense and within the time specified in the direction, to —

(i)

make such modifications as the Commissioner of Civil Defence may require to the fire and rescue management system;

(ii)

(iii)

resubmit the application for the certificate of compliance upon having made those modifications or taken those measures; or

(c)

refuse to grant the certificate of compliance, in which case the Commissioner of Civil Defence must, if requested to do so by the applicant, state in writing the reasons for the refusal.

(5)

If any direction given by the Commissioner of Civil Defence under subsection (3)(b) or (4)(b) is not complied with within the time specified in the direction, or such further period as may be allowed by the Commissioner of Civil Defence in any particular case, the Commissioner of Civil Defence may dismiss the application.

Terms defined in s 2

amusement ride
Defined · s 2
“amusement ride” means any mechanised or power‑driven device or any combination of such devices, together with any machinery, equipment and plant connected thereto or used in connection therewith, which —(a)is designed to carry patrons on, along, around, over or through a fixed or restricted course, or within a defined area, for the primary purpose of giving those patrons amusement, pleasure, thrills or excitement; and(b)is available for use by members of the public upon their payment of a fee or otherwise,whether or not that device or combination of devices is erected to remain as a lasting part of any premises or is regularly relocated, and —(c)includes such other device or combination of devices as may be prescribed to be an amusement ride for the purposes of this Act; but(d)does not include any —(i)coin-operated ride;(ii)playground equipment; or(iii)device or combination of devices which is prescribed as not being an amusement ride for the purposes of this Act;
Open s 2
certificate of compliance
Defined · s 2
“certificate of compliance” means a certificate of compliance issued by the Commissioner of Civil Defence under section 36(4)(a) in respect of the fire and rescue management system of an amusement ride;
Open s 2
Commissioner of Civil Defence
Defined · s 2
“Commissioner of Civil Defence” means the Commissioner of Civil Defence appointed under section 6 of the Civil Defence Act 1986 and includes any public officer or member of the Civil Defence Force designated by the Commissioner of Civil Defence to act in his or her place for the purposes of this Act;
Open s 2
fire and rescue management system
Defined · s 2
“fire and rescue management system”, in relation to an amusement ride, means any installation, apparatus or equipment (whether integrated as part of the amusement ride or otherwise) and the protocols and instructions for the activation, operation and use thereof, which are designed to be used for —(a)addressing —(i)any occurrence of fire on the amusement ride or any part thereof (including the spread of smoke or any other harmful emission arising from such fire);(ii)any occurrence arising from the operation of the amusement ride that results or is likely to result in any person being injured, stranded or trapped on or in any part of the amusement ride; and(iii)such other occurrence arising from the operation of the amusement ride as may be prescribed;(b)giving warning of any occurrence mentioned in paragraph (a), or of the likelihood of any such occurrence;(c)providing a means of rescue, escape or evacuation of persons from the amusement ride in the event of any occurrence mentioned in paragraph (a); and(d)providing access to any premises or place for the purpose of addressing any occurrence mentioned in paragraph (a);
Open s 2
major modification
Defined · s 2
“major modification”, in relation to an amusement ride, means any manner of change to the structure or mechanism of the amusement ride which is prescribed as a major modification for the purposes of this Act;
Open s 2