Fire Safety (Amendment) Bill

This Act may be cited as the Fire Safety (Amendment) Act 2013 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Section 2 of the Fire Safety Act (referred to in this Act as the principal Act) is amended —

by inserting, immediately after the definition of “alternative solution” in subsection (1), the following definition:“ “authorised officer”, in relation to any power conferred or duties imposed on the Commissioner by or under this Act, means a person authorised under section 3 to exercise that power or to carry out that duty;”;

by inserting, immediately after the definition of “building works” in subsection (1), the following definition:“ “class of petroleum” means any petroleum prescribed to be a class of petroleum for the purposes of this Act;”;

by deleting the words “by the Commissioner under section 55 in lieu of the Fire Code” in the definition of “Fire Code” in subsection (1) and substituting the words “under section 55”;

by deleting the word “or” at the end of paragraph (c) of the definition of “fire safety measures” in subsection (1);

by inserting, at the end of paragraph (d) of the definition of “fire safety measures” in subsection (1), the word “or”, and by inserting immediately thereafter the following paragraph:“(e)providing a means of communication to facilitate fire-fighting operations or the evacuation of persons in the event of fire;”;

by inserting, immediately after the word “measures” in the definition of “fire safety works” in subsection (1), the words “, relevant pipeline works”;

by inserting, immediately after the definition of “fire safety works” in subsection (1), the following definition:“ “flammable material” means any substance prescribed to be a flammable material for the purposes of this Act;”;

by deleting the word “service,” in paragraph (b) of the definition of “minor works” in subsection (1) and substituting the words “service or”;

by deleting the word “any” where it appears the second time in the definition of “occupier” in subsection (1) and substituting the word “the”;

by deleting the words “authenticated under section 15” in paragraph (a) of the definition of “owner” in subsection (1) and substituting the words “prepared under section 10”;

by deleting the word “and” at the end of paragraph (ba) of the definition of “owner” in subsection (1);

by inserting, immediately after paragraph (c) of the definition of “owner” in subsection (1), the following paragraphs:“(d)in relation to an aircraft or a vessel, includes the charterer of the aircraft or vessel, as the case may be; and

in relation to a vehicle, means the registered owner of the vehicle;”;

by inserting, immediately after the definition of “peer reviewer” in subsection (1), the following definition:“ “petroleum” includes crude petroleum, liquefied petroleum gas and other naturally occurring hydrocarbon liquid derived from crude petroleum, coal, shale, peat or other bituminous substances;”;

by inserting, immediately before the definition of “premises”, the following definitions:“ “pipeline” includes any section of a pipeline;“pipeline owner”, in relation to any section of a relevant pipeline, means —

a person who owns or leases the piperack or pipetrack and manages that section of the relevant pipeline; or

if paragraph (a) does not apply, a person who owns or leases that section of the relevant pipeline and uses that section of the relevant pipeline for the conveyance of any class of petroleum or any flammable material;“piperack” means a multi-tiered rack supporting one or more pipelines above the ground;“pipetrack” means an area where one or more pipelines are supported on sleepers on the ground;”;

by inserting, immediately after the definition of “registered inspector” in subsection (1), the following definitions:“ “relevant pipeline” means a pipeline used, or to be used, for the conveyance of any class of petroleum or any flammable material, and includes the piperack or pipetrack for the management of the pipeline but does not include such a pipeline located in licensed premises;“relevant pipeline works” means the construction, alteration or repair of a relevant pipeline commenced or carried out on or after the date of commencement of section 2(o) of the Fire Safety (Amendment) Act 2013;”;

by deleting the full-stop at the end of the definition of “street” in subsection (1) and substituting a semi-colon, and by inserting immediately thereafter the following definition:“ “vessel” includes —

any ship or boat or air-cushioned vehicle; and

any rig or platform, whether floating at sea or fixed to the sea bed, used in any form of operations at sea.”;

by deleting the words “a building includes a reference to a part of a building” in subsection (2) and substituting the words “premises or building includes a reference to a part of such premises or building, as the case may be”; and

by inserting, immediately after subsection (2), the following subsection:“(3) For the purposes of the definition of “pipeline owner” in subsection (1), the owner of the land on which any piperack, pipetrack or pipeline is located shall not be regarded as the person who owns or leases the piperack, pipetrack or pipeline (as the case may be) by reason only that the piperack, pipetrack or pipeline is a fixture annexed to that land.”.

Section 3(1) of the principal Act is amended by deleting the words “and any regulations made thereunder” and substituting the words “, except sections 7, 8, 8A, 8B, 8C and 46,”.

Section 5A(12) of the principal Act is amended by deleting the word “forthwith” and substituting the words “as soon as may be practicable”.

Section 6 of the principal Act is amended —

by deleting the words “any part thereof or in the building” wherever they appear in subsections (1), (2) and (3) and substituting in each case the words “relevant pipeline, or any part thereof,”;

by inserting, immediately after the word “building” in subsection (2)(a), the words “or relevant pipeline,”; and

by deleting subsection (5).

Section 6A of the principal Act is amended —

by deleting the words “Inquiry Panel” in subsections (1), (2) and (3) and substituting in each case the words “Registered Inspectors Inquiry Panel”;

by inserting, immediately after subsection (8), the following subsection:“(9) Each person who, immediately before the date of commencement of section 6 of the Fire Safety (Amendment) Act 2013, is a member of the Inquiry Panel appointed under this section shall be deemed to have been appointed as a member of the Registered Inspectors Inquiry Panel for a term expiring on the date when his term would have expired if section 6 of the Fire Safety (Amendment) Act 2013 had not been enacted.”; and

by deleting the words “Inquiry Panel” in the section heading and substituting the words “Registered Inspectors Inquiry Panel”.

Section 6B(5) of the principal Act is amended by deleting the words “Inquiry Panel” wherever they appear and substituting in each case the words “Registered Inspectors Inquiry Panel”.

Section 7(1) of the principal Act is amended —

by deleting the word “thing” in paragraph (a) and substituting the word “structure”;

by inserting, immediately after paragraph (a), the following paragraph:“(aa)enter, break into, take possession of, remove or destroy, or cause to be taken possession of, removed or destroyed, any aircraft, vehicle, vessel or thing for the purpose of extinguishing or preventing the spread of the fire;”;

by inserting, immediately after the word “premises” in paragraph (b), the words “, aircraft, vehicle or vessel”;

by deleting the words “or structure” in paragraph (c) and substituting the words “, structure, aircraft, vehicle or vessel”;

by deleting the words “fuel oil” in paragraph (f) and substituting the words “petroleum, flammable material”; and

by deleting the word “vehicle” wherever it appears in paragraph (h) and substituting in each case the words “aircraft, vehicle, vessel or thing”.

Section 8 of the principal Act is amended —

by deleting the words “Subject to this section, the” in subsection (1) and substituting the word “The”;

by deleting the words “or any regulations made thereunder” in subsection (1)(a);

by deleting subsection (2) and substituting the following subsections:“(2) Subject to subsection (3), the Commissioner or any member of the Force authorised under subsection (1) shall not exercise the right of entry conferred by subsection (1) unless 24 hours’ notice in writing of the intended entry has been given to the occupier.

Subsection (2) shall not apply in respect of any of the following:

entry into a place of public entertainment or public assembly, factory, workshop or workplace or premises otherwise used for business purposes;

entry into any premises within 48 hours after a fire has occurred in the premises for the purpose of determining the cause or causes of the fire.”; and

by deleting the section heading and substituting the following section heading:“Power to enter premises for various purposes”.

The principal Act is amended by inserting, immediately after section 8, the following sections:“Power to board vessel for various purposes8A.—

The Commissioner or any member of the Force authorised by him in writing on producing, if so required, an authenticated document showing his authority shall have a right to board any vessel at all reasonable hours for all or any of the following purposes:

obtaining information required for fire-fighting purposes with respect to the character of the vessel, the availability of water supplies and the means of access thereto and other material circumstances relating to fire-fighting purposes;

conducting fire-drills and exercises;

determining the cause or causes of any fire which has occurred on board such vessel;

performance by the Commissioner or the Force of his or its powers under this Act or any other written law.

Except in respect of the boarding of any vessel within 48 hours after a fire has occurred on board the vessel for the purpose of determining the cause or causes of the fire, the Commissioner or any member of the Force authorised under subsection (1) shall not exercise the right to board any vessel conferred by subsection (1) unless prior reasonable notice in writing has been given to the owner of a vessel.Power to investigate fire in or on aircraft or vehicle8B. The Commissioner or any member of the Force authorised by him in writing on producing, if so required, an authenticated document showing his authority may, for the purpose of determining the cause or causes of a fire which has occurred in or on any aircraft or vehicle (not including a vessel), do one or both of the following:

seize or detain the aircraft or vehicle;

break into the aircraft or vehicle.Powers ancillary to sections 8, 8A and 8B8C.—

The Commissioner or any member of the Force exercising the powers under section 8, 8A or 8B may (so far as may be reasonably necessary for the purpose to which his exercise of the powers relates) do all or any of the following in the premises, aircraft, vehicle or vessel, as the case may be:

take with him any assistance or equipment;

search the premises, aircraft, vehicle or vessel;

take photographs or video recordings of and conduct any inspection, measurement or test on the premises, aircraft, vehicle or vessel or any thing found therein;

take, without payment, for the purpose of examination reasonable samples of any description from the premises, aircraft, vehicle or vessel;

seize or detain any thing found in the premises, aircraft, vehicle or vessel that he believes on reasonable grounds to be connected with the commission of any offence under this Act or to be otherwise relevant to the administration or enforcement of this Act;

do any other thing reasonably necessary for carrying out the purpose to which his exercise of the powers relates.

For the purposes of section 8, 8A or 8B or subsection (1)(b), the Commissioner or a member of the Force authorised under section 8, 8A or 8B, as the case may be, may —

require the owner or occupier of the premises, or the owner or person having charge of the aircraft, vehicle or vessel, as the case may be, to provide all reasonable assistance to the Commissioner or a member of the Force authorised under section 8, 8A or 8B, as the case may be; and

if the circumstances so warrant, with such assistance as he thinks necessary, break open any door, window, lock, fastener, hold, compartment, box, container, receptacle or any other thing.

Any person who fails to comply with any requirement made under subsection (2)(a) shall be guilty of an offence.

Where the Commissioner or a member of the Force seizes any thing under subsection (1)(e), he shall —

immediately give notice in writing of the seizure to the owner of the thing seized or to the agent of such owner; or

if the name and address of the owner or agent of the thing seized are not known, affix a notice prominently at the place where the thing was seized.

Any person aggrieved by the seizure of any thing under subsection (1)(e) may, within 48 hours after the seizure, complain thereof to a Magistrate’s Court.

Upon hearing such complaint, the Magistrate’s Court may —

confirm the seizure wholly or in part;

disallow the seizure wholly or in part;

order that any thing seized be restored to its owner, subject to any condition which the Court may think fit to impose to ensure that the thing is preserved for any purpose for which it may subsequently be required; or

order payment to be made to the owner of the thing seized of such amount as the Court considers will compensate him for any loss or depreciation resulting from the seizure.

Any thing seized under subsection (1)(e) may be kept or stored at the place where it was seized or may, at the direction of the Commissioner or a member of the Force authorised under section 8, 8A or 8B, be removed to any other place to be kept or stored thereat.

The Commissioner or a member of the Force authorised under section 8, 8A or 8B may mark, seal or label any thing being detained under subsection (1)(e) in such manner as he thinks fit for the purpose of indicating that the thing is under detention and may lock or seal the place (or any part thereof) in which the thing is being detained.

Any person who, without the authority of the Commissioner or a member of the Force authorised under section 8, 8A or 8B, as the case may be —

interferes with, removes or otherwise disposes of any thing seized or detained under section 8, 8A or 8B or tampers with, alters or removes any mark, seal or label placed under subsection (8); or

opens, breaks or otherwise tampers with the lock or seal placed under subsection (8),shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.

Subsections (4) to (9) shall apply to any aircraft or vehicle seized under section 8B as if they were seized or detained under subsection (1)(e).

Nothing in this section shall be taken to prejudice any right to retain or dispose of property which may exist in law apart from this section.Exemption of Singapore Armed Forces8D. Sections 7 to 8C shall not apply to any aircraft, vehicle or vessel belonging to or exclusively employed in the service of the Singapore Armed Forces or of any visiting force lawfully present in Singapore.”.

The heading to Part II of the principal Act is amended by deleting the word “BUILDINGS” and substituting the word “PREMISES”.

Section 13 of the principal Act is amended by inserting, immediately after subsection (2), the following subsection:“(2A) The notice may, if the Commissioner thinks fit, require the person on whom the notice is served under subsection (1) to submit, within the period specified in the notice, a fire hazard mitigation plan to prevent such fire hazard from recurring in or on the premises.”.

Section 15 of the principal Act is amended —

by deleting the words “the safety of persons in the premises cannot reasonably be ensured by other means” in subsection (1) and substituting the words “it is necessary for the safety of persons that the premises should be closed immediately”;

by deleting the words “forthwith to close the premises” in subsection (1)(a) and substituting the words “to close the premises immediately”;

by deleting the word “forthwith” in subsection (1)(b) and substituting the word “immediately”;

by inserting, immediately after subsection (1), the following subsections:“(1A) The Commissioner may exercise the powers under subsection (1)(a) or (b) in respect of the occurrence of a fire hazard, whether or not the fire hazard has been abated since the service of a fire hazard abatement notice on the owner or occupier of the premises under section 13, if —

within the 24 months immediately before that fire hazard arose, the same owner or occupier of the premises (as the case may be) had been convicted of any combination of 3 or more offences under subsection (8) or section 13(4), 16(5) or 17(3) in respect of the premises, whether or not any of those offences related to a fire hazard similar to that fire hazard;

the Commissioner is satisfied that it is necessary for the safety of persons for the premises to be closed immediately; and

the Commissioner has not previously exercised the powers under this subsection in respect of the same occurrence of the fire hazard.

The period of 24 months referred to in subsection (1A)(a) shall not start on a date earlier than the date of commencement of section 13(d) of the Fire Safety (Amendment) Act 2013.”;

by inserting, immediately after the words “subsection (1)” in subsections (2), (3), (5) and (7), the words “or (1A)”; and

by deleting subsection (8) and substituting the following subsections:“(8) Any person who, without reasonable excuse, fails to comply with any closing order given by the Commissioner under subsection (1) or (1A) or the order made by the Magistrate’s Court under subsection (6) 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; and

in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part thereof during which the offence continues after conviction.

In considering whether it is necessary for the safety of persons for the premises to be closed immediately or whether a danger has been alleviated, in relation to the application of this section to a fire hazard, the Commissioner or the Magistrate’s Court (as the case may be) may consider whether —

that fire hazard is likely to recur in or on the premises; and

that fire hazard, if it were to recur in or on the premises, would —

constitute an immediate or substantial danger of fire in or on the premises; or

be likely, if a fire breaks out in or on the premises, to increase the normal risk to life which occurs in the event of a fire.”.

Section 16 of the principal Act is amended by deleting subsection (5) and substituting the following subsection:“(5) Any person in respect of whom a fire hazard order is made who, without reasonable excuse, fails to comply with the order shall be guilty of an offence and shall be liable on conviction —

to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part thereof during which the offence continues after conviction; or

where the offence involves failure to comply with a closing order, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part thereof during which the offence continues after conviction.”.

Section 17 of the principal Act is amended —

by deleting subsection (1) and substituting the following subsections:“(1) Where a person appeals to the High Court against a fire hazard order, the fire hazard order shall be suspended pending the determination or abandonment of the appeal.

If the fire hazard order has not been quashed on appeal, the period for compliance with the requirements of the fire hazard order shall commence to run on the determination or abandonment of the appeal.”; and

by deleting subsections (3) and (4) and substituting the following subsections:“(3) If the appeal against a fire hazard order is dismissed or is abandoned, then notwithstanding subsections (1) and (1A), the appellant shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 for every day or part thereof during the period prior to the dismissal or abandonment of the appeal when the fire hazard order was not complied with.

A fine under subsection (3) shall not be payable if the appellant satisfies the court before which proceedings are taken for the imposition of the fine that there was substantial ground for the appeal and that the appeal was not brought merely for the purpose of delay.”.

Section 20 of the principal Act is amended —

by inserting, immediately after subsection (1B), the following subsection:“(1C) The Commissioner may, pending compliance with any requirements relating to fire safety affecting any part of a building subject to this section, issue a fire certificate in respect only of any other part of the building if he is satisfied that those requirements do not affect the fire safety of that other part of the building.”; and

by inserting, immediately after the words “any building” in subsection (2), the words “or part thereof”.

Section 21 of the principal Act is amended —

by deleting the words “a fire emergency plan” in subsection (1) and substituting the words “an Emergency Response Plan”;

by deleting the word “plan” in subsection (2) and substituting the words “Emergency Response Plan”;

by inserting, immediately after the word “Act” in subsection (2), the words “, and such requirements may differ for different classes of premises”;

by deleting the words “fire emergency plan” in subsection (3) and substituting the words “Emergency Response Plan”;

by deleting the words “the emergency plan” in subsection (3) and substituting the words “the Emergency Response Plan”;

by inserting, immediately after subsection (5), the following subsection:“(6) Unless otherwise prescribed under this Act, this Act shall apply to a fire emergency plan prepared before the date of commencement of section 17 of the Fire Safety (Amendment) Act 2013 in like manner as it applies to an Emergency Response Plan.”; and

by deleting the section heading and substituting the following section heading:“Emergency Response Plan”.

Section 22 of the principal Act is amended —

by inserting, immediately after the word “managers” in subsection (1), the words “and Company Emergency Response Teams”;

by deleting the words “regulations made under this Act and are of the standard specified by the Commissioner” in subsection (2) and substituting the words “requirements of this Act”;

by inserting, immediately after the word “manager” in subsection (3), the words “and Company Emergency Response Team”;

by deleting the words “or any regulations made thereunder” in subsection (3);

by inserting, immediately after subsection (3), the following subsection:“(3A) The owner or occupier of the premises shall establish and maintain a Company Emergency Response Team comprising such number of members as the Commissioner may, by notice in writing to the owner or occupier of the premises, specify.”; and

by inserting, immediately after the word “managers” in the section heading, the words “and Company Emergency Response Teams”.

The principal Act is amended by inserting, immediately after section 22, the following section:“Meaning of owner or occupier in this Part22AA. In this Part, where a building or premises is a building erected on land comprised in a strata subdivision plan approved by the competent authority, references to the owner or occupier of the building or premises shall not include references to the subsidiary proprietors or tenants of any part of the building or premises.”.

Section 22A of the principal Act is amended —

by deleting the words “or any part thereof” in subsection (5)(b) and substituting the words “or relevant pipeline or any part thereof,”;

by inserting, immediately after the words “any building” in subsection (6), the words “or relevant pipeline,”;

by inserting, immediately after the word “building” in subsection (6)(a), the words “or relevant pipeline”;

by inserting, immediately after the words “interest in the building” in subsection (6)(b), the words “or relevant pipeline,”;

by inserting, immediately after the words “interest in the building” in subsection (6)(c), the words “or relevant pipeline,”; and

by inserting, immediately after the words “interest in the building” in subsection (7)(a), the words “or relevant pipeline,”.

Section 22B of the principal Act is amended by inserting, immediately after subsection (2), the following subsection:“(2A) The Commissioner may, subject to such conditions as he may impose, exempt any person from the requirements in subsection (2) if the Commissioner is satisfied that the person possesses such other qualifications or practical experience as the Commissioner considers adequate to enable that person to effectively carry out his duties and responsibilities as a fire safety engineer under this Act.”.

Section 22C of the principal Act is amended —

by deleting the words “, upon consideration of the report of any Investigation Committee in respect of any complaint against or information received about a fire safety engineer,” in subsection (1);

by deleting paragraph (e) of subsection (1) and substituting the following paragraph:“(e)has not complied with the prescribed requirements relating to such continuing professional education programme for a fire safety engineer, or has failed to submit records relating thereto, as the Commissioner may require;”;

by deleting the word “or” at the end of subsection (1)(g);

by deleting the comma at the end of paragraph (h) of subsection (1) and substituting the word “; or”, and by inserting immediately thereafter the following paragraph:“(i)has not complied with any condition of his registration,”; and

by deleting the words “Investigation Committee” in subsection (10) and substituting the words “Inquiry Committee”.

Section 22D of the principal Act is amended —

by deleting subsection (1) and substituting the following subsection:“(1) The Commissioner may constitute an Inquiry Committee and refer a complaint or information to the Committee to investigate —

if he receives any written complaint against or any written information about the conduct of a fire safety engineer as a peer reviewer or otherwise, or the discharge of his duties as a fire safety engineer or peer reviewer; or

on his own motion, if the Commissioner reasonably suspects that there may be grounds for disciplinary action against the fire safety engineer.”;

by deleting the words “Investigation Committee” wherever they appear in subsections (2) to (8) and substituting in each case the words “Inquiry Committee”;

by deleting the words “Discipline Panel” in subsection (2) and substituting the words “Inquiry Panel”;

by deleting the word “investigation” wherever it appears in subsections (3)(a), (4) and (6) and substituting in each case the word “inquiry”;

by inserting, immediately after subsection (3), the following subsection:“(3A) The Commissioner may, for the purposes of exercising his powers under section 22C(1) in respect of a fire safety engineer, consider the findings and recommendations of any Inquiry Committee constituted to investigate any complaint against or information about that fire safety engineer.”;

by deleting the words “and any regulations made thereunder” in subsection (8);

by inserting, immediately after subsection (8), the following subsection:“(9) References in this Act or any other written law to an Inquiry Committee constituted under this section shall include references to an Investigation Committee constituted under this section before the date of commencement of section 23 of the Fire Safety (Amendment) Act 2013.”; and

by deleting the word “Investigation” in the section heading and substituting the word “Inquiry”.

Section 22E of the principal Act is amended —

by deleting the words “Discipline Panel” in subsections (1) to (5) and substituting in each case the words “Inquiry Panel”;

by deleting the words “Investigation Committees” in subsection (1) and substituting the words “Inquiry Committees”;

by deleting the word “investigation” wherever it appears in subsection (5) and substituting in each case the word “inquiry”;

by deleting the words “Investigation Committee” in subsection (5) and substituting the words “Inquiry Committee”;

by inserting, immediately after subsection (5), the following subsection:“(6) Each person who, immediately before the date of commencement of section 24 of the Fire Safety (Amendment) Act 2013, is a member of the Fire Safety Engineers Discipline Panel appointed under this section shall be deemed to have been appointed as a member of the Fire Safety Engineers Inquiry Panel for a term expiring on the date when his term would have expired if section 24 of the Fire Safety (Amendment) Act 2013 had not been enacted.”; and

by deleting the words “Discipline Panel” in the section heading and substituting the words “Inquiry Panel”.