PART 3A | Duties and responsibilities of fire safety engineers |
41.—(1) Subject to the provisions of this Act, a person must not prepare or propose, or hold out or advertise in any way that the person is willing to prepare or propose, plans for any fire safety works using any alternative solution to satisfy any fire performance requirements unless the person is —| (a) | an appropriate qualified person who is also a fire safety engineer; or | | (b) | a qualified person preparing or proposing the alternative solution under the direct supervision of a fire safety engineer. [7/2004; 22/2019] |
| (2) Subject to the provisions of this Act, a person who is not a fire safety engineer must not act as a peer reviewer. [7/2004] |
| (3) Where a fire safety engineer prepares or proposes, or supervises the preparation or proposal of, any plan for fire safety works using any alternative solution to satisfy any fire performance requirements, he or she must take all reasonable steps and exercise due diligence to ensure that the alternative solution satisfies those fire performance requirements. [7/2004] |
| (4) Where a fire safety engineer is appointed as a peer reviewer to review and assess whether any alternative solution satisfies any fire performance requirements, the peer reviewer must not issue any certification under section 55(5)(a)(iii) unless he or she has taken all reasonable steps and exercised due diligence to ensure that the alternative solution in respect of which his or her certification is being sought satisfies those fire performance requirements. [7/2004] |
(5) Subject to the provisions of this Act, a peer reviewer must not, at any time when reviewing and assessing whether any alternative solution used in any plan for any fire safety works satisfies any fire performance requirements, have any professional or financial interest in —| (a) | the fire safety works or the building works in respect of which his or her duties and responsibilities as peer reviewer are to be carried out; or | | (b) | the building or relevant pipeline, or any part thereof, to which the fire safety works relate. [7/2004; 14/2013] |
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(6) A peer reviewer is regarded as having a professional or financial interest in any fire safety works or building works, or in any building or relevant pipeline, or any part thereof, if —| (a) | the peer reviewer is or has been responsible for, or is acting as the consultant for, the design or construction of the building or relevant pipeline or any of the fire safety works in any capacity; | | (b) | the peer reviewer, or any nominee of the peer reviewer, is a member, officer or employee of a company or other body which has a professional or financial interest in the building or relevant pipeline, or any part thereof, or in the building works or fire safety works; or | | (c) | the peer reviewer is a partner or is in the employment of a person who has a professional or financial interest in the building or relevant pipeline, or any part thereof, or in the building works or fire safety works. [7/2004; 14/2013] |
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(7) For the purposes of this section —| (a) | a person is regarded as having a professional or financial interest in the building or relevant pipeline, or any part thereof, or in any building works or fire safety works, even if the person has that interest only as a trustee for the benefit of some other person; and | | (b) | in the case of a husband and wife living together, the interest of one spouse is, if known to the other, deemed to be also an interest of the other. [7/2004; 14/2013] |
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(8) To avoid doubt —| (a) | involvement in the fire safety works as a peer reviewer; and | | (b) | entitlement to any fee paid for acting as a peer reviewer, |
| are not regarded as constituting a professional or financial interest. |
[7/2004] |
| (9) Any person who contravenes subsection (1) or (2) shall be guilty of an offence. [7/2004] |
| (10) Any fire safety engineer who contravenes subsection (3), (4) or (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both. [22A [7/2004; 22/2019] |
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| Registration of fire safety engineers |
| 42.—(1) An application for registration as a fire safety engineer must be made to the Commissioner in such form and manner, and be accompanied by such documents, particulars and fee, as may be prescribed. [7/2004] | (2) A person must not be registered as a fire safety engineer unless the person can satisfy the Commissioner that the person possesses the prescribed qualifications and practical experience. [7/2004] |
| (3) The Commissioner may, subject to such conditions as the Commissioner 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 that person’s duties and responsibilities as a fire safety engineer under this Act. [14/2013] |
(4) The Commissioner may —| (a) | appoint a committee of persons to assist the Commissioner in considering applications for registration as fire safety engineers; and | | (b) | by himself or herself or through the committee appointed under paragraph (a), interview the applicants and make such enquiries or do anything which the Commissioner may think necessary or expedient for the purposes of subsections (2) and (5). [7/2004] |
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(5) The Commissioner may refuse to register any applicant who, in the Commissioner’s opinion —| (a) | is not of good character and reputation; or | | (b) | is unable to effectively carry out his or her duties and responsibilities as a fire safety engineer under this Act. [7/2004; 14/2013] |
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| (6) Any person whose application for registration has been refused may, within 14 days after receiving notice of such refusal, appeal to the Minister. [7/2004; 22/2019] |
| (7) The Commissioner must issue a certificate of registration to every person registered as a fire safety engineer. [22B [7/2004] |
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| Disciplinary action against fire safety engineers |
43.—(1) Where the Commissioner is satisfied that the fire safety engineer —| (a) | has been convicted of any offence under this Act, or any other offence involving fraud or dishonesty; | | (b) | has obtained his or her registration under this Act by fraud or misrepresentation; | | (c) | has his or her qualification for registration withdrawn or cancelled by the institution or authority through which it was acquired or by which it was awarded; | | (d) | has contravened section 41(3), (4) or (5); | | (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; | | (f) | is no longer in a position to effectively carry out his or her duties or responsibilities as a fire safety engineer or peer reviewer under this Act; | | (g) | has his or her registration as a registered inspector cancelled or has been suspended from practice as a registered inspector, where the fire safety engineer is also a registered inspector; | | (h) | has for any reason ceased to be a qualified person, where the fire safety engineer is also a qualified person; or | | (i) | has not complied with any condition of his or her registration, |
| the Commissioner may, after giving the fire safety engineer concerned a reasonable opportunity of being heard, either orally or in writing, exercise any of the powers in subsection (2). |
[7/2004; 14/2013] (2) The powers the Commissioner may exercise under subsection (1) in relation to a fire safety engineer are as follows:| (a) | cancel the registration of the fire safety engineer; | | (b) | suspend the registration of the fire safety engineer for a period not exceeding 12 months; | | (c) | impose such conditions as are necessary to restrict the practice of the fire safety engineer for a period not exceeding 12 months, including any condition requiring the fire safety engineer to undergo further training, to practise only under supervision or to cease acting as a peer reviewer; | | (d) | require the fire safety engineer to give such undertaking as the Commissioner thinks fit; | | (e) | impose on the fire safety engineer a penalty not exceeding $5,000; | | (f) | censure the fire safety engineer in writing; | | (g) | dismiss the complaint against the fire safety engineer; or | | (h) | make such other orders as the Commissioner thinks fit. [7/2004] |
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(3) Where a fire safety engineer in respect of whom any conditions have been imposed, or any undertaking is required to be given, under subsection (2)(c) or (d) fails to comply with any of the conditions or breaches his or her undertaking, or the fire safety engineer fails to pay the penalty under subsection (2)(e), the Commissioner may, if the Commissioner thinks fit, after giving the fire safety engineer concerned a reasonable opportunity of being heard either orally or in writing, by order —| (a) | cancel the registration of the fire safety engineer; or | | (b) | suspend the registration of the fire safety engineer for such period not exceeding 12 months as may be specified in the order. [7/2004] |
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| (4) The Commissioner may, by written notice served on the fire safety engineer concerned, vary or revoke any of the conditions imposed on the fire safety engineer under subsection (2)(c). [7/2004] |
| (5) Any decision of the Commissioner under subsection (2), (3) or (4) in relation to a fire safety engineer does not take effect until the 15th day after the date on which the decision is communicated to the fire safety engineer concerned. [22/2019] |
| (6) Any person against whom the Commissioner has made any decision under subsection (2), (3) or (4) may, if aggrieved by the decision, appeal to the Minister within a period of 14 days after receiving notice of such decision. [7/2004] |
| (7) Any penalty imposed on a fire safety engineer under subsection (2)(e) is recoverable as a debt due from the fire safety engineer. [7/2004] |
| (8) In any proceedings under this section and section 44 against a fire safety engineer consequent upon his or her conviction for an offence, the Commissioner and an Inquiry Committee must accept his or her conviction as final and conclusive. [22C [7/2004; 14/2013] |
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44.—(1) The Commissioner may constitute an Inquiry Committee and refer a complaint or information to the Committee to investigate —| (a) | if the Commissioner 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 or her duties as a fire safety engineer or peer reviewer; or | | (b) | on his or her own motion, if the Commissioner reasonably suspects that there may be grounds for disciplinary action against the fire safety engineer. [14/2013] |
(2) An Inquiry Committee must consist of —| (a) | a chairperson; | | (b) | 2 fire safety engineers who are not members of the Force; and | | (c) | 2 other members who are members of the Force, |
| all of whom must be appointed by the Commissioner from the Fire Safety Engineers Inquiry Panel constituted under section 45. |
[7/2004; 14/2013] |
(3) An Inquiry Committee must —| (a) | within a reasonable time of its constitution, commence its inquiry into the complaint against or information referred to it by the Commissioner under subsection (1); and | | (b) | submit to the Commissioner a written report of its findings and its recommendations not later than 6 months after its constitution, or such later date as the Commissioner may, in any special case, permit. [7/2004; 14/2013] |
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| (4) The Commissioner may, for the purposes of exercising the Commissioner’s powers under section 43(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. [14/2013] |
| (5) Where the complainant withdraws the complaint before the Inquiry Committee is constituted or before the inquiry by the Committee is concluded, the Commissioner may, despite such withdrawal, constitute an Inquiry Committee and direct it to investigate, or may direct the Inquiry Committee to continue with its inquiry, into the matter, and the Inquiry Committee must comply with that direction. [7/2004; 14/2013] |
(6) Where an Inquiry Committee is of the opinion that a fire safety engineer should be called upon to answer any allegation made against him or her, the Inquiry Committee must —| (a) | post or deliver to the fire safety engineer concerned —| (i) | copies of any complaint or information touching upon his or her conduct, including any statutory declaration or affidavit that may be made in support of the complaint or information; and | | (ii) | a notice inviting him or her to give, within such period (being at least 14 days) as may be specified in the notice, to the Inquiry Committee any written explanation he or she may wish to offer and to advise the Committee if he or she wishes to be heard by the Committee; |
| | (b) | allow the time specified in the notice to elapse; | | (c) | give the fire safety engineer concerned a reasonable opportunity to be heard if he or she so desires; and | | (d) | give due consideration to any explanation (if any) given by the fire safety engineer concerned. [7/2004; 14/2013] |
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(7) For the purposes of any inquiry into any complaint or information referred to it under subsection (1), an Inquiry Committee may —| (a) | require evidence to be given on oath and for that purpose, the chairperson of the Inquiry Committee may administer an oath; | | (b) | require any person to attend and give evidence before it, and to produce all plans, books, documents or papers in the possession of, or under the control of, that person relating to the subject matter of the inquiry; or | | (c) | appoint any person to make or assist in the making of such preliminary inquiries as the Inquiry Committee thinks fit. [7/2004; 14/2013] |
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(8) Any person who, without lawful excuse, refuses or fails to —| (a) | attend and give evidence before an Inquiry Committee when required to do so by the Committee; | | (b) | answer truly and fully any question put to the person by a member of the Inquiry Committee; or | | (c) | produce to an Inquiry Committee any plan, book, document or paper required by the Committee to be produced by him, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. |
[7/2004; 14/2013] |
| (9) An Inquiry Committee may meet from time to time and, subject to the provisions of this Act, may regulate its own procedure and the manner in which questions are decided before the Inquiry Committee. [7/2004; 14/2013] |
| (10) References in this Act or any other written law to an Inquiry Committee constituted under this section include references to an Investigation Committee constituted under this section before 1 September 2013. [22D [14/2013] |
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| Fire Safety Engineers Inquiry Panel |
| 45.—(1) There is to be a Fire Safety Engineers Inquiry Panel for the purpose of constituting Inquiry Committees under section 44 to investigate into any complaint against or information about the conduct of any fire safety engineer as a peer reviewer or otherwise, or the discharge of his or her duties as a fire safety engineer or peer reviewer. [7/2004; 14/2013] (2) The Fire Safety Engineers Inquiry Panel comprises —| (a) | such number of fire safety engineers who are not members of the Force as the Commissioner may determine; and | | (b) | such number of members of the Force as the Commissioner may determine. [7/2004; 14/2013] |
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| (3) Every member of the Fire Safety Engineers Inquiry Panel is to be appointed by the Minister for a term of 2 years, and is eligible for re‑appointment. [7/2004; 14/2013] |
| (4) The Minister may at any time remove any person from the Fire Safety Engineers Inquiry Panel and fill any vacancy in its membership. [7/2004; 14/2013] |
| (5) Any member of the Fire Safety Engineers Inquiry Panel whose term of appointment expires in the course of any inquiry by an Inquiry Committee to which the member has been appointed continues as a member of that Committee until the Committee’s written report of the inquiry is submitted to the Commissioner under section 44(3)(b). [7/2004; 14/2013] |
| (6) Each person who, immediately before 1 September 2013, is a member of the Fire Safety Engineers Discipline Panel appointed under this section is deemed to have been appointed as a member of the Fire Safety Engineers Inquiry Panel for a term expiring on the date when the person’s term would have expired if section 24 of the Fire Safety (Amendment) Act 2013 had not been enacted. [22E [14/2013] |
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| Register of fire safety engineers |
| 46.—(1) The Commissioner must keep and maintain at the Commissioner’s office a register of fire safety engineers, in which must be entered the names of all persons registered as fire safety engineers, the qualifications by virtue of which they are each so registered and such other particulars in relation to the person as may from time to time be determined by the Commissioner. [7/2004] (2) The name and particulars of a fire safety engineer —| (a) | who has died; or | | (b) | who has no address in Singapore at which he or she can be found, |
| must be removed from the register of fire safety engineers. |
[7/2004] |
(3) In addition, once any decision of the Commissioner under section 43 to cancel or suspend the registration of any fire safety engineer takes effect —| (a) | the Commissioner must remove the name and particulars of the fire safety engineer concerned from the register of fire safety engineers and, as soon as it may be practicable, notify the fire safety engineer concerned; | | (b) | the fire safety engineer concerned must, within 7 days of being so notified, surrender to the Commissioner the certificate of registration issued to him or her; and | | (c) | the Commissioner must cancel any certificate of registration issued to the fire safety engineer concerned. [7/2004; 14/2013] |
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| (4) While the registration of a fire safety engineer is suspended under section 43, the person’s name must not appear in the register of fire safety engineers, but at the end of the period of suspension, the Commissioner must, within 7 days of that period ending, restore the person’s name and particulars to the register of fire safety engineers and re‑issue to him or her a fresh certificate of registration, without the payment of any fee. [7/2004] |
| (5) Any fire safety engineer may apply, in the prescribed form and manner, to the Commissioner to have his or her name removed from the register of fire safety engineers. [7/2004] |
(6) The Commissioner must refuse any application by a fire safety engineer to remove his or her name from the register of fire safety engineers if the Commissioner is satisfied that at the time of the application —| (a) | disciplinary action under section 43 is pending against the fire safety engineer; or | | (b) | the conduct of the fire safety engineer (whether as a peer reviewer or otherwise) is the subject of any complaint to or information received by the Commissioner. [22F [7/2004] |
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