Singapore legislation

Clause 34

of Amusement Rides Safety Bill

Clause 34

Relocation of amusement ride

(1)

The holder of an operating permit in respect of an amusement ride that is capable of being relocated shall not relocate or cause that amusement ride to be relocated unless he has given the Commissioner notice in writing of his intention to so relocate the amusement ride —

(a)

in such form and manner as the Commissioner may require; and

(b)

of not less than the prescribed period before the date on which the relocation is to be carried out.

(2)

Upon receiving a notice under subsection (1), the Commissioner may, by notice in writing —

(a)

require the holder of the operating permit to furnish, within the time specified in the notice, such further information concerning the relocation of the amusement ride as the Commissioner may specify before the relocation works are carried out;

(b)

impose such conditions or give such directions as the Commissioner thinks fit subject to which the relocation works are to be carried out; or

(c)

if the Commissioner is of the opinion that the premises to which the amusement ride is to be relocated are unsafe or unsuitable for the operation of the amusement ride, prohibit the relocation of the amusement ride.

(3)

If the holder of the operating permit —

(a)

contravenes subsection (1); or

(b)

fails to comply with any requirement of the Commissioner under subsection (2)(a) or with any condition, direction or prohibition that is imposed, given or made by the Commissioner under subsection (2)(b) or (c) (as the case may be),he shall be guilty of an offence and shall be liable on conviction —

(i)

to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both; and

(ii)

in respect of a continuing contravention or failure to comply, to an additional fine not exceeding $500 for each day or part thereof during which the contravention or failure to comply continues,and if the contravention or failure to comply continues after the conviction, the holder of the operating permit shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $1,000 for every day or part thereof during which the contravention or failure to comply continues after conviction.

(4)

The holder of the operating permit shall ensure that no relocation works are carried out in respect of an amusement ride except under the supervision of —

(a)

the ride manager of the amusement ride; or

(b)

in the case of a major amusement ride, a qualified person.

(5)

It shall be the duty of —

(a)

the holder of the operating permit;

(b)

any person who is directly engaged in the carrying out of the relocation works; and

(c)

the ride manager or qualified person (as the case may be) supervising the relocation works,to ensure that the relocation works are at all times carried out in accordance with —

(i)

where applicable, the design and specifications and the proposed installation method and programme, as authorised by the installation permit that has been issued in respect of the amusement ride;

(ii)

the prescribed requirements; and

(iii)

any condition imposed or direction given by the Commissioner under subsection (2) in respect of the relocation works.

(6)

Where, in relation to the relocation of an amusement ride, the Commissioner is of the opinion that —

(a)

any of the requirements under subsection (4) or (5) has not been or is not being complied with; or

(b)

the relocation works are dangerous or liable to pose a danger to persons who are employed in connection with the relocation works, or who are using or operating, or in the vicinity of, the amusement ride,the Commissioner may direct the holder of the operating permit in respect of the amusement ride or the person directly engaged in carrying out the relocation works to —

(i)

cease the relocation works or part thereof, either immediately or within such time as may be specified by the Commissioner; and

(ii)

where necessary, take, at the expense of the person to whom the direction is given, such remedial measures as the Commissioner may require,and such relocation works or part thereof, as the case may be, shall not be resumed without the consent in writing of the Commissioner.

(7)

The Commissioner may, upon an application made by the holder of the operating permit in such form and manner as the Commissioner may require, grant his consent for the relocation works or any part thereof to resume if he is satisfied that any such relocation works or part thereof, if allowed to resume —

(a)

will comply with the requirements under subsections (4) and (5); and

(b)

will not pose a danger to any person.

(8)

Upon the completion of the relocation of an amusement ride —

(a)

the ride manager or qualified person who supervised the relocation works shall inspect the amusement ride and issue a certificate stating that, in the opinion of the ride manager or qualified person (as the case may be) —

(i)

the relocation works have been properly carried out in accordance with —

(A)

where applicable, the design and specifications and the proposed installation method and programme, as authorised by the installation permit that has been issued in respect of the amusement ride;

(B)

the prescribed requirements; and

(C)

any condition imposed or direction given by the Commissioner under subsection (2) in respect of the relocation works; and

(ii)

the amusement ride, as relocated —

(A)

conforms to the prescribed requirements; and

(B)

is in a safe working condition and fit for operation; and

(b)

the holder of the operating permit —

(i)

shall, in the case only of a major amusement ride, apply for and obtain from the Commissioner of Civil Defence, in accordance with section 36, a certificate of compliance in respect of the fire and rescue management system of the amusement ride; and

(ii)

shall not, in any case, resume operation of the amusement ride unless he has, in accordance with the prescribed requirements, submitted to the Commissioner the certificate issued by the ride manager or qualified person (as the case may be) under paragraph (a).

(9)

Where —

(a)

a person to whom a direction has been given by the Commissioner under subsection (6) —

(i)

fails to comply with the direction; or

(ii)

resumes the relocation works without the consent in writing of the Commissioner; or

(b)

the holder of an operating permit, in contravention of subsection (8)(b)(ii), resumes the operation of an amusement ride without the consent in writing of the Commissioner,he 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 12 months or to both.