Fire Safety (Building Fire Safety) (Amendment) Regulations 2004

No. S 334

Fire Safety Act

(Chapter 109A)

Fire Safety (Building Fire Safety) (Amendment) Regulations 2004

In exercise of the powers conferred by section 61(1) of the Fire Safety Act, the Minister for Home Affairs hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Fire Safety (Building Fire Safety) (Amendment) Regulations 2004 and shall come into operation on 1st July 2004.

Amendment of regulation 2

2. Regulation 2 of the Fire Safety (Building Fire Safety) Regulations (Rg 1) (referred to in these Regulations as the principal Regulations) is amended —

(a)

by inserting, immediately after the definition of “area of special risk”, the following definition:

“ “building operations and maintenance manual” means a document prepared by a fire safety engineer containing instructions for the owner or occupier of a building on how to operate and maintain the fire safety measures used in the alternative solution, the limitations of such measures and the restrictions to be placed on usage of the building;”;

(b)

by inserting, immediately after the definition of “compartment wall”, the following definition:

“ “design guidelines” means guidelines accepted by the Commissioner as suitable for the design and evaluation of fire safety works or any part thereof, including any alternative solution;”;

(c)

by deleting the definition of “Fire Code”; and

(d)

by inserting, immediately after the definition of “fire resistance rating”, the following definitions:

“ “fire safety engineering design brief” means a document prepared by a fire safety engineer to secure in-principle agreement with the Commissioner on the conceptual fire safety engineering design, which shall include —

(a)	the fire performance requirements to be achieved;
(b)	requisite fire scenarios;
(c)	methodologies adopted in undertaking the building fire safety designs; and
(d)	an outline of the trial concept design;

“fire safety engineering report” means a document prepared by a fire safety engineer containing the final design of the fire safety works, commissioning requirements, details of installation and testing, other implementation details, expected fire risks and system performance over the building’s life cycle;”.

Deletion and substitution of regulation 3

3. Regulation 3 of the principal Regulations is deleted and the following regulation substituted therefor:

“Application for approval of plans of fire safety works

3. For the purposes of section 23(1) of the Act, an application for the approval of plans of any fire safety works shall be in such form as the Commissioner may provide and shall be accompanied by the prescribed fees and by the following documents:

(a)

the following plans of fire safety works:

(i)	building plans;
(ii)	air-conditioning and mechanical ventilation plans; and
(iii)	fire protection plans;

(b)

a notification signed by the applicant of the appointment of —

(i)	the qualified person who prepared the plans of fire safety works; and
(ii)	where the plans contain any alternative solution, the fire safety engineer who prepared or supervised the preparation of the plans,

and a confirmation of such appointment signed by the qualified person and, where applicable, the fire safety engineer;

(c)

the applicable declaration form as set out in the Second Schedule;

(d)

where the plans contain any alternative solution, the additional following documents:

(i)	a fire safety engineering design brief;
(ii)	a fire safety engineering report, including detailed specifications and drawings of the final design of fire safety works;
(iii)	a building operations and maintenance manual;
(iv)	a notification signed by the applicant of the appointment of a peer reviewer and a confirmation of such appointment signed by the peer reviewer; and
(v)	a peer reviewer’s report as to whether the alternative solution satisfies the fire performance requirements in the Fire Code; and

(e)

such other documents as the Commissioner may require.”.

Amendment of regulation 4

4. Regulation 4 of the principal Regulations is amended —

(a)

by deleting paragraph (1) and substituting the following paragraph:

“(1) All plans of fire safety works accompanying any application for approval of plans under section 23(1) of the Act shall —

(a)

where the plans do not contain any alternative solution, be prepared and signed by an appropriate qualified person as determined in accordance with the Second Schedule to the Building Control Regulations 2003 (G.N. No. S 666/2003);

(b)

where the plans contain any alternative solution —

(i)	be prepared and signed by a qualified person who is a fire safety engineer, or be prepared by a qualified person under the supervision of a fire safety engineer and signed by both the qualified person and the fire safety engineer; and
(ii)	be certified by a peer reviewer that the alternative solution therein satisfies the fire performance requirements in the Fire Code;

(c)

be submitted —

(i)	on standard metric size sheets of the international A series and have on every sheet an outlined rectangular space measuring 150mm x 100mm provided at its top right hand corner for official stamps and endorsement; or
(ii)	in such electronic form stored in such medium as the Commissioner may determine; and

(d)

be accompanied by such standard forms as the Commissioner may require.”; and

(b)

by inserting, immediately after the words “qualified person” in paragraph (2), the words “and, where applicable, the fire safety engineer”.

Deletion and substitution of regulation 12 and new regulation 12A

5. Regulation 12 of the principal Regulations is deleted and the following regulations substituted therefor:

“Duty to prepare plans

12.—(1) For the purposes of section 23(1A) of the Act, every appointed qualified person and, where applicable, every appointed fire safety engineer shall —

(a)	give or show correctly and clearly all particulars and information that are required to be given or shown on a plan which is signed by him and is submitted under the Act and shall not misrepresent or exclude those particulars or information on or from the plan, as the case may be; and
(b)	ensure that all plans or specifications are in conformity with the provisions of the Act, these Regulations and the Fire Code.

(2) Where the plans of fire safety works contain any alternative solution, the appointed fire safety engineer shall, in addition —

(a)	conform to design guidelines and codes of practice approved by the Commissioner in designing the alternative solution or any part thereof, subject to any deviation or modification approved by the Commissioner;
(b)	make available to the Commissioner such documents, fire safety engineering software models or tools, and information used in the fire safety engineering software models as the Commissioner may require; and
(c)	assist the peer reviewer to obtain such reports and other documents from relevant bodies or testing laboratories as the peer reviewer may require to assess the alternative solution.

Duty to supervise works

12A. For the purposes of section 25(4) of the Act, every appointed qualified person and, where applicable, every appointed fire safety engineer shall —

(a)	supervise all works concerning fire safety works of which the plans have been prepared or supervised by him for the purpose of ensuring that the works are carried out in accordance with such plans, the Act and all regulations made thereunder and any written order or direction of the Commissioner under these Regulations;
(b)	on completion of the works, submit a copy of his certificate of supervision in a standard form to the Commissioner; and
(c)	keep a proper record of all reports, requests and correspondence relating to the design or implementation of fire safety works, and furnish the Commissioner with a copy of such document as the Commissioner may, from time to time, require.”.

Amendment of regulation 13

6. Regulation 13 of the principal Regulations is amended —

(a)

by inserting, immediately after the words “qualified person” wherever they appear in paragraphs (1) and (2), the words “or fire safety engineer”;

(b)

by deleting the words “regulation 12 (c)” in paragraph (2) and substituting the words “regulation 12A”; and

(c)

by deleting the regulation heading and substituting the following regulation heading:

“Change of qualified person or fire safety engineer”.

Amendment of regulation 14

7. Regulation 14 of the principal Regulations is amended —

(a)

by deleting the words “A qualified person” and substituting the words “Every qualified person and, where applicable, every fire safety engineer”;

(b)

by deleting the words “regulation 12 (c)” in paragraph (b) and substituting the words “regulation 12A (b)”;

(c)

by inserting, immediately after the words “regulation 12” in paragraph (c), the words “, 12A”; and

(d)

by deleting the regulation heading and substituting the following regulation heading:

“Offences by qualified person or fire safety engineer”.

Amendment of regulation 15

8. Regulation 15 of the principal Regulations is amended —

(a)

by inserting, at the end of paragraph (a), the word “and”; and

(b)

by deleting paragraphs (b) and (c) and substituting the following paragraph:

“(b)	ensure that such works are to be supervised at all times by a qualified person and, where the works use any alternative solution, a fire safety engineer.”.

Amendment of regulation 16

9. Regulation 16 of the principal Regulations is amended —

(a)

by deleting the words “the qualified person or persons” in paragraph (2)(a) and substituting the words “the qualified person and, where applicable, the fire safety engineer”;

(b)

by deleting sub-paragraph (b) of paragraph (4) and substituting the following sub-paragraph:

“(b)	the certificate of supervision referred to in regulation 12A (b) has been submitted by the qualified person and, where applicable, the fire safety engineer to the Commissioner;”; and

(c)

by inserting, immediately after the words “appropriate qualified persons” in paragraph (4)(c), the words “or fire safety engineer”.

Amendment of regulation 17

10. Regulation 17 (3) of the principal Regulations is amended by deleting sub-paragraph (a) and substituting the following sub-paragraph:

“(a)	the certificate of supervision referred to in regulation 12A (b) has been submitted by the qualified person and, where applicable, the fire safety engineer to the Commissioner; and”.

Amendment of regulation 41

11. Regulation 41 of the principal Regulations is amended by deleting the words “qualified person or persons who prepared” and substituting the words “qualified person and, where the plans contain any alternative solution, the fire safety engineer who prepared or supervised the preparation of”.

Deletion and substitution of Second Schedule

12. The Second Schedule to the principal Regulations is deleted and the following Schedule substituted therefor:

“SECOND SCHEDULE

Regulation 3 (c)

FORM 1

FIRE SAFETY ACT (CHAPTER 109A)

FIRE SAFETY (BUILDING FIRE SAFETY) REGULATIONS

DECLARATION FORM