REPUBLIC OF SINGAPORE
GOVERNMENT GAZETTE
ACTS SUPPLEMENT
Published by Authority
NO. 13]Friday, March 31 [2000
The following Act was passed by Parliament on 17th January 2000 and assented to by the President on 8th February 2000:—
Fire Safety (Amendment) Act 2000

(No. 5 of 2000)

I assent.

S R NATHAN,
President.
8th February 2000.
Date of Commencement: 1st April 2000
An Act to amend the Fire Safety Act (Chapter 109A of the 1994 Revised Edition).
Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:
Short title and commencement
1.  This Act may be cited as the Fire Safety (Amendment) Act 2000 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
Amendment of section 2
2.  Section 2(1) of the Fire Safety Act (referred to in this Act as the principal Act) is amended by deleting the definition of “street” and substituting the following definition:
“ “street” has the same meaning as in the Street Works Act (Cap. 320A).”.
Amendment of section 5
3.  Section 5 of the principal Act is amended —
(a)by deleting subsection (6) and substituting the following subsections:
“(6)  Without prejudice to section 6C(7), the Commissioner may by order cancel the registration of any registered inspector or suspend him from practice for a period not exceeding 12 months under any of the following circumstances:
(a)if he is deceased;
(b)if he has contravened or failed to comply with section 6(1);
(c)if he is convicted of an offence involving fraud or dishonesty or an offence under this Act or any regulations made thereunder;
(d)if it appears to the Commissioner that he is no longer in the position to carry out the duties or responsibilities of a registered inspector under this Act or any regulations made thereunder;
(e)if he has procured his registration by fraud or misrepresentation.
(6A)  The Commissioner may, if he considers that no cause of sufficient gravity for cancellation of registration or suspension from practice exists, by writing censure the registered inspector.
(6B)  The Commissioner shall not exercise his powers under subsection (6)(b), (c), (d) or (e) or (6A) unless an opportunity of being heard has been given to the registered inspector against whom the Commissioner intends to exercise his powers.”;
(b)by deleting subsection (7) and substituting the following subsection:
“(7)  Where a registered inspector has been suspended from practice under subsection (6), the Commissioner shall, within one month of the expiry of such suspension, restore the name and particulars of that registered inspector to the register of registered inspectors and issue to him a fresh certificate of registration.”; and
(c)by inserting, immediately after subsection (8), the following subsections:
“(8A)  Where an appeal is made to the Minister within the period referred to in subsection (8), an order made by the Commissioner under subsection (6) shall, unless the Minister otherwise directs, not take effect unless —
(a)it is confirmed by the Minister;
(b)the appeal is for any reason dismissed by the Minister; or
(c)the appellant withdraws the appeal.
(8B)  Before the Minister makes a decision to allow or dismiss an appeal, the Minister may refer the matter to an Appeal Advisory Board appointed under section 28.
(8C)  The Minister may, in making his decision, have regard to any report made to him by the Appeal Advisory Board.
(8D)  Where an order made by the Commissioner to cancel the registration of a registered inspector or suspend the registered inspector from practice has taken effect, the Commissioner shall —
(a)remove the name and particulars of the inspector concerned from the register of registered inspectors;
(b)cancel any certificate of registration issued to the inspector concerned under subsection (5); and
(c)notify the inspector concerned accordingly.
(8E)  The inspector concerned shall, within 14 days of being notified of the removal of his name and particulars from the register of registered inspectors, surrender to the Commissioner the certificate of registration issued to him.
(8F)  Any person who fails to comply with subsection (8E) shall be guilty of an offence.”.
New sections 6A to 6D
4.  The principal Act is amended by inserting, immediately after section 6, the following sections:
“Appointment of Inquiry Panel, etc.
6A.—(1)  For the purpose of enabling an Inquiry Committee to be constituted in accordance with this section, the Commissioner shall appoint a panel (referred to as the Inquiry Panel) consisting of such numbers of —
(a)qualified persons who are not members of the Force; and
(b)members of the Force,
as the Commissioner may determine.
(2)  A member of the Inquiry Panel shall be appointed for a term of 2 years and shall be eligible for reappointment.
(3)  Where any complaint against a registered inspector relating to his conduct or the discharge of his duties or responsibilities is received by the Commissioner, the Commissioner may constitute an Inquiry Committee consisting of 5 members of the Inquiry Panel, for the purposes of inquiring into the complaint.
(4)  An Inquiry Committee shall consist of —
(a)a Chairman appointed by the Commissioner;
(b)2 qualified persons who are not members of the Force; and
(c)2 members of the Force.
(5)  The Commissioner may, on his own motion, constitute an Inquiry Committee for the purposes of inquiring into the conduct of any registered inspector or the discharge of a registered inspector’s duties or responsibilities if it appears to the Commissioner that the registered inspector has contravened or failed to comply with any provision of the prescribed code of professional conduct and ethics.
(6)  The Chairman of an Inquiry Committee shall preside at every meeting of the Inquiry Committee.
(7)  In the absence of the Chairman of an Inquiry Committee, the Commissioner shall appoint an acting Chairman who shall have and exercise all the powers of the Chairman.
(8)  The Commissioner may at any time remove any member of an Inquiry Committee or fill any vacancy in its membership.
Proceedings of Inquiry Committee
6B.—(1)  An Inquiry Committee may meet for the purposes of its inquiry, adjourn and otherwise regulate the conduct of its inquiry as the members may think fit.
(2)  The Chairman of an Inquiry Committee may at any time summon a meeting of the Inquiry Committee.
(3)  All the members of an Inquiry Committee shall be present to constitute a quorum for a meeting of the Inquiry Committee.
(4)  Any decision to be made at any meeting of the Inquiry Committee shall be determined by a majority of votes of the members of the Inquiry Committee and, in the case of an equality of votes, the Chairman of the Inquiry Committee shall have a second or casting vote.
(5)  A member of an Inquiry Committee shall, notwithstanding that he has ceased to be a member of the Inquiry Panel on the expiry of his term of office, be deemed to be a member of the Inquiry Panel until such time as the Commissioner has decided that the Inquiry Committee of which he is a member has completed its work.
Commencement of inquiry, etc.
6C.—(1)  An Inquiry Committee shall, within a reasonable time of its constitution, commence its inquiry and, subject to subsection (2), submit a written report of its findings (referred to in this section as the written report) to the Commissioner not later than 6 months after its constitution.
(2)  The Commissioner may grant an extension of time to an Inquiry Committee to submit the written report to him if he is satisfied that the circumstances of the case justify the grant of an extension of time.
(3)  Subject to the provisions of this Act and any regulations made thereunder, the Inquiry Committee may determine its own procedure.
(4)  Where an Inquiry Committee is of the opinion that a registered inspector should be called upon to answer any allegation made against him, the Inquiry Committee shall —
(a)post or deliver to the registered inspector concerned —
(i)copies of any complaint made against him; and
(ii)a notice inviting him to give, within such period (not being less than 14 days) as may be specified in the notice, to the Inquiry Committee any written explanation he may wish to offer and to advise the Inquiry Committee if he wishes to be heard by the Committee;
(b)allow the time specified in the notice to elapse;
(c)give the registered inspector concerned reasonable opportunity to be heard if he so desires; and
(d)give due consideration to any explanation (if any) given by the registered inspector concerned.
(5)  Where a complainant withdraws his complaint before —
(a)the Commissioner has constituted an Inquiry Committee to inquire into the complaint; or
(b)the conclusion of the inquiry by an Inquiry Committee,
the Commissioner may, notwithstanding such withdrawal, refer the complaint to or direct an Inquiry Committee to continue the inquiry, as the case may be, and the Inquiry Committee shall comply with the direction and all future proceedings thereon shall be taken as if the complaint had been made by the Commissioner.
(6)  An Inquiry Committee shall, in its written report, make such recommendation as it thinks fit.
(7)  The Commissioner shall consider the written report submitted by an Inquiry Committee and may —
(a)dismiss the complaint;
(b)by order cancel the registration of the registered inspector concerned;
(c)by order suspend the registered inspector concerned from practice for a period not exceeding 12 months;
(d)by order impose a penalty not exceeding $5,000;
(e)in writing censure the registered inspector concerned; or
(f)make such other order as the Commissioner thinks fit.
(8)  The Commissioner shall not be bound by any recommendation made by an Inquiry Committee in its written report.
(9)  The Commissioner shall in writing notify the registered inspector concerned of his decision or any order made against the registered inspector concerned under subsection (7).
(10)  A registered inspector who is aggrieved by a decision of or an order made by the Commissioner under subsection (7)(b), (c), (d) or (f) may, within 14 days of the receipt of the written notification, appeal to the Minister whose decision shall be final.
(11)  Where an appeal is made to the Minister within the period referred to in subsection (10), the decision of or an order made by the Commissioner under subsection (7)(b), (c), (d) or (f), as the case may be, shall, unless the Minister otherwise directs, not take effect unless —
(a)it is confirmed by the Minister;
(b)the appeal is for any reason dismissed by the Minister; or
(c)the appellant withdraws the appeal.
(12)  Before the Minister makes a decision to allow or dismiss an appeal, the Minister may refer the matter to an Appeal Advisory Board appointed under section 28.
(13)  The Minister may, in making his decision, have regard to any report made to him by the Appeal Advisory Board.
(14)  Any penalty imposed by the Commissioner in exercise of the powers conferred by subsection (7) shall be recoverable as a judgment debt from the registered inspector ordered to pay the penalty.
Powers of Inquiry Committee
6D.—(1)  For the purposes of any inquiry conducted by an Inquiry Committee, the Inquiry Committee may —
(a)require evidence to be given on oath and for that purpose the Chairman of the Inquiry Committee may administer an oath; and
(b)require any person to attend and give evidence before it and to produce all plans, books, documents and papers in the custody of that person or under his control relating to the subject-matter of the inquiry.
(2)  Every person who, without lawful excuse, refuses or fails to —
(a)attend and give evidence when required to do so by the Inquiry Committee;
(b)answer truly and fully any question put to him by a member of the Inquiry Committee; or
(c)produce to the Inquiry Committee any plans, book, document or paper required to be produced by him,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.
(3)  For the purposes of conducting an inquiry, an Inquiry Committee may appoint any person to make or assist in the making of whatever preliminary inquiries it thinks necessary.”.
Amendment of section 13
5.  Section 13 of the principal Act is amended —
(a)by inserting, immediately after the word “purpose,” in the 12th line of subsection (1), the words “and to take all steps necessary to prevent the recurrence of such fire hazard,”; and
(b)by deleting subsection (3) and substituting the following subsection:
“(3)  Where a fire hazard abatement notice has been served on any person under subsection (1) and that person —
(a)fails to comply with any of the requirements within the time specified in the notice; or
(b)fails to take such steps as are specified in the notice to prevent the recurrence of the fire hazard,
he shall, whether or not an order under section 16 has been made in respect of him, be guilty of an offence.”.
Amendment of section 23
6.  Section 23 of the principal Act is amended —
(a)by deleting the word “or” at the end of paragraph (a) of subsection (2), and by inserting immediately thereafter the following paragraph:
“(aa)disapprove any of the plans which is not in order; or”; and
(b)by inserting, immediately after subsection (3), the following subsections:
“(4)  Where an application for approval of the plans of fire safety works under subsection (1) is accompanied by a written declaration by the qualified person who prepared the plans declaring that the plans have been prepared in accordance with the Fire Code adopted under section 55, and the provisions of this Act and any regulations made thereunder, the Commissioner may, without checking the plans, approve the plans on the basis of the written declaration by the qualified person.
(5)  Notwithstanding subsection (4), the Commissioner may, in his discretion, carry out random checks on any plans of fire safety works at any time before or after approving the plans under that subsection.
(6)  The Commissioner may at any time revoke any approval granted in respect of any plans of fire safety works —
(a)under subsection (2)(a), if he is satisfied that any information given in the application for approval or any document submitted to the Commissioner in respect of the application for approval is false in a material particular; and
(b)under subsection (4), if he is satisfied that the written declaration submitted by the qualified person referred to in that subsection is false.
(7)  The Commissioner shall not revoke any approval granted in respect of any plans of fire safety works unless —
(a)he has given a written notice to the person for whom the fire safety works are carried out to comply, within such period as may be specified in the notice, with such requirements as the Commissioner may specify for the purpose of ensuring compliance with the Fire Code adopted under section 55, and any of the provisions of this Act and any regulations made thereunder; and
(b)the person has failed or refused to comply with the requirements specified in the written notice.
(8)  The requirements referred to in subsection (7) may include —
(a)the amendment of any of the approved plans of fire safety works;
(b)the rectification of the fire safety works; and
(c)the alteration or demolition of a building or part thereof to which the fire safety works relate.
(9)  Any person who fails or refuses to comply with any requirement specified in the written notice given by the Commissioner under subsection (7) shall be guilty of an offence.
(10)  The Commissioner shall in writing notify the person for whom the fire safety works are carried out of his decision —
(a)to disapprove any plans of fire safety works under subsection (2)(aa);
(b)to reject any plans of fire safety works under subsection (3); or
(c)to revoke an approval granted in respect of any plans of fire safety works under subsection (6),
and shall specify a date, not less than 14 days from the date of the written notification, on which the decision of the Commissioner shall take effect.
(11)  Where a decision of the Commissioner to revoke any approval granted in respect of any plans of fire safety works has taken effect —
(a)any fire certificate granted under section 20 in respect of a public building having an occupant load of more than 200 persons; and
(b)any fire safety certificate or temporary fire permit issued in respect of the fire safety works under section 29,
as the case may be, shall automatically lapse.”.
Amendment of section 29
7.  Section 29 of the principal Act is amended by inserting, immediately after subsection (4), the following subsections:
“(4A)  Where an application for a fire safety certificate under subsection (1) is accompanied by a certificate of a registered inspector certifying that, to the best of the knowledge and belief of the registered inspector, the completed fire safety works to which the application relates have been carried out in accordance with the approved plans of safety works, the Fire Code adopted under section 55, and the provisions of this Act and any regulations made thereunder, the Commissioner may, without inspecting the completed fire safety works, issue a fire safety certificate or temporary fire permit, as the Commissioner considers appropriate, on the basis of the certificate of the registered inspector.
(4B)  Notwithstanding subsection (4A), the Commissioner may, in his discretion, carry out random inspections on the completed fire safety works to which any application under this section relates, at any time before or after the issuing of a fire safety certificate or temporary fire permit.
(4C)  The Commissioner may at any time revoke any fire safety certificate or temporary fire permit issued in respect of any completed fire safety works —
(a)under subsection (3), if he is satisfied that any information given in the application for a fire safety certificate or any document submitted to the Commissioner in respect of the application for the fire safety certificate is false in a material particular; and
(b)under subsection (4A), if he is satisfied that any certificate of the registered inspector referred to in that subsection is false.
(4D)  The Commissioner shall not revoke a fire safety certificate or temporary fire permit unless —
(a)he has given a written notice to the person for whom the fire safety works have been carried out to comply, within such period as may be specified in the notice, with such requirements as the Commissioner may specify for the purpose of ensuring compliance with the Fire Code adopted under section 55, and any of the provisions of this Act and any regulations made thereunder; and
(b)the person has failed or refused to comply with the requirements specified in the written notice.
(4E)  The requirements referred to in subsection (4D) may include —
(a)the amendment of any of the approved plans of fire safety works to which the completed fire safety works relate;
(b)the rectification of the completed fire safety works; and
(c)the alteration or demolition of a building or part thereof to which the completed fire safety works relate.
(4F)  Any person who fails or refuses to comply with any requirement specified in the written notice given by the Commissioner under subsection (4D) shall be guilty of an offence.
(4G)  The Commissioner shall in writing notify the person for whom the fire safety works are carried out of his decision to revoke a fire safety certificate or temporary fire permit, and shall specify a date, not less than 14 days from the date of the written notification, on which the decision of the Commissioner shall take effect.”.
New sections 30A, 30B and 30C
8.  The principal Act is amended by inserting, immediately after section 30, the following sections:
“Order for demolition, removal, etc., of unauthorised fire safety works
30A.—(1)  Where, in the opinion of the Commissioner, any fire safety works are being carried out or have been carried out in contravention of the Fire Code adopted under section 55, or any of the provisions of this Act or any regulations made thereunder (referred to in this section as the unauthorised fire safety works), the Commissioner may by order in writing require —
(a)the cessation of the unauthorised fire safety works until the order is withdrawn;
(b)such work or alteration to be carried out to the unauthorised fire safety works or the building or part thereof to which the unauthorised fire safety works relate as may be necessary to cause the unauthorised fire safety works to comply with the Fire Code adopted under section 55, and any of the provisions of this Act and any regulations made thereunder; or
(c)the demolition of the building or part thereof to which the unauthorised fire safety works relate.
(2)  An order made under subsection (1) shall specify all or any of the following:
(a)the manner in which the works, alteration or demolition referred to in subsection (1) is to be carried out;
(b)the time within which the works, alteration or demolition shall commence;
(c)the time within which the works, alteration or demolition shall be completed.
(3)  An order made under subsection (1) shall be served —
(a)where a temporary fire permit has been granted in respect of a building under section 29, on the owner of the building or the occupier of that part of the building affected by the order, as the case may be; or
(b)where fire safety works are being carried out in a building, on the person for whom the fire safety works are carried out or the qualified person supervising the fire safety works,
and shall specify a date, not less than 14 days from the date of the order, on which the order shall take effect.
(4)  If an order made under subsection (1) is not complied with and no appeal under section 30C has been made to the Minister in respect of the order before the order takes effect, the Commissioner may —
(a)demolish, remove or alter, or cause to be demolished, removed or altered, the building or the unauthorised fire safety works or to take such other steps as may appear to the Commissioner to be necessary, including ordering the closure of the building or part thereof; and
(b)recover all expenses reasonably incurred by him in the exercise of his powers under this section from the person in default.
(5)  Without prejudice to the right of the Commissioner to exercise his powers under subsection (4), if any person on whom an order is served under subsection (3) fails to comply with the order, the person 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 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part thereof during which the offence continues after conviction.
(6)  The Commissioner may seize any material resulting from the carrying out of any work under subsection (4).
(7)  Any material seized by the Commissioner under this section shall be confiscated by the Commissioner and shall be disposed of in such manner as the Commissioner thinks fit, and the proceeds, if any, of such disposal shall be paid into the Consolidated Fund.
Closure order
30B.—(1)  Where the Commissioner makes an order under section 30A(4)(a) requiring the closure of any building or part thereof, the order (referred to in this section as a closure order) shall be served —
(a)where the closure order relates to the building, on the owner of the building; or
(b)where the closure order relates to a part of the building, on the occupier of that part of the building.
(2)  A closure order shall specify a date, not less than 14 days from the date of the closure order, on which the closure order shall take effect, and may require —
(a)the owner of the building to which the order relates; or
(b)the occupier of a part of the building to which the order relates,
as the case may be, to cease to inhabit the building or that part thereof and to remove all goods, furniture and effects from the building or that part thereof before the closure order takes effect.
(3)  Subject to subsection (5), where a closure order is in force in respect of a building or part thereof, as the case may be, no person other than a member of the Force in the course of his duty shall enter or be in the building or that part thereof to which the closure order relates at any time.
(4)  Any person who contravenes or fails to comply with subsection (3) 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 and, in the case of a continuing offence, to a further fine not exceeding $200 for every day or part thereof during which the offence continues after conviction.
(5)  Where a closure order is in force in respect of a building or part thereof, as the case may be, the Commissioner may, if he thinks fit and subject to such conditions as he may impose, by notice in writing permit any person to enter or be in the building or that part thereof to which the closure order relates.
(6)  Any permission granted under subsection (5) may be cancelled by the Commissioner at any time and for any reason.
(7)  A closure order shall remain in force in respect of a building or the part thereof, as the case may be, until the Commissioner has served a notice of expiry of the closure order —
(a)where the closure order relates to the building, on the owner of the building; or
(b)where the closure order relates to a part of the building, on the occupier of that part of the building.
(8)  A notice of expiry of a closure order shall specify the building or the part thereof to which it relates and the date upon which the closure order expires.
Appeals to Minister
30C.—(1)  Any person aggrieved by —
(a)a decision of the Commissioner to disapprove any plans of fire safety works under section 23(2)(aa);
(b)a decision of the Commissioner to reject any plans of fire safety works under section 23(3);
(c)a decision of the Commissioner to revoke any approval granted in respect of any plans of fire safety works under section 23(6);
(d)a decision of the Commissioner to revoke any fire safety certificate or temporary fire permit under section 29(4C);
(e)an order made by the Commissioner under section 30A(1); or
(f)a closure order made by the Commissioner under section 30A(4)(a),
may, before the decision or order, as the case may be, takes effect, appeal in writing to the Minister.
(2)  The Minister may, before making a decision to allow or dismiss an appeal, refer the matter to an Appeal Advisory Board appointed under section 28.
(3)  The Minister may, in making his decision, have regard to any report made to him by the Appeal Advisory Board.
(4)  Where an appeal is made to the Minister under this section, the decision of or the order made by the Commissioner shall, unless the Minister otherwise directs, not take effect unless —
(a)it is confirmed by the Minister;
(b)the appeal is for any reason dismissed by the Minister; or
(c)the appellant withdraws the appeal.
(5)  The decision of the Minister on any appeal under this section shall be final.”.
Amendment of section 61
9.  Section 61 (1) of the principal Act is amended by deleting the word “and” at the end of paragraph (za), and by inserting immediately thereafter the following paragraphs:
“(zaa)the regulation of the proceedings of any Inquiry Committee constituted under section 6A;
(zab)the prescribing of the code of conduct and ethics for registered inspectors; and”.
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