Singapore legislation

Clause 15

of Fire Safety Bill

Clause 15

Power to order closure of premises in emergency

(1)

The Commissioner may, if he is satisfied of the matters specified in section 14 and that the safety of persons in the premises cannot reasonably be ensured by other means —

(a)

order the owner or occupier of the premises forthwith to close the premises for such period not exceeding 72 hours as is specified in that order and as the Commissioner considers necessary for the alleviation of the danger in question; or

(b)

if an order referred to in paragraph (a) cannot for any reason be given to the owner or occupier of the premises or if such an order, having been given to that owner or occupier, is not forthwith obeyed, close the premises for such period not exceeding 72 hours as the Commissioner considers necessary for the alleviation of the danger in question, using such force as is reasonably necessary for the removal from the premises of persons therein without doing them bodily harm.

(2)

The Commissioner giving an order under subsection (1) shall do so —

(a)

in writing served on the owner or occupier of the premises in question; or

(b)

orally, in which case he shall as soon as is practicable thereafter serve on the owner or occupier of the premises in question confirmation in writing of the contents of that order and of the time and place at which that order was so given, and shall cause a copy of that order or confirmation, as the case requires, to be affixed to that premises in a conspicuous position.

(3)

The Commissioner may, if he considers that the danger to which an order given under subsection (1) relates has been alleviated, rescind that order.

(4)

Any police officer may, if requested by the Commissioner or an authorised officer to do so, assist the Commissioner or authorised officer in the exercise of any power conferred on the Commissioner by this section.

(5)

If the Commissioner or an authorised officer considers that a danger in relation to which he has exercised the power conferred on him by subsection (1) cannot be, or has not been, alleviated within a period of 72 hours referred to in that subsection, he shall, having given such prior notice of his intention to do so to the owner or occupier of the premises in question as is practicable in the circumstances, apply to a Magistrate’s Court for an order directing the owner or occupier to close or keep closed, as the case requires, that premises for such period as the Court considers necessary for the alleviation of that danger.

(6)

A Magistrate’s Court may, on an application made to the Court under subsection (5), grant, subject to such conditions as the Court thinks fit to impose, the order sought by that application.

(7)

If an application is made to a Magistrate’s Court under subsection (5) while the premises in question is closed under subsection (1), that closure shall continue until the application is finally determined or is withdrawn.

(8)

Any person who without reasonable excuse fails to comply with any closing order granted by the Commissioner under subsection (1) or the order made by the Court under subsection (6) shall be guilty of an offence.