Fire Safety (Fire Safety Managers) (Amendment) Regulations 2015

No. S 407

Fire Safety Act

(CHAPTER 109A)

Fire Safety
(Fire Safety Managers)
(Amendment) Regulations 2015

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

Citation and commencement

1. These Regulations may be cited as the Fire Safety (Fire Safety Managers) (Amendment) Regulations 2015 and come into operation on 1 July 2015.

Amendment of regulation 2

2. Regulation 2 of the Fire Safety (Fire Safety Managers) Regulations (Rg 3) (referred to in these Regulations as the principal Regulations) is amended —

(a)

by inserting, immediately after the definition of “Fire Command Centre”, the following definition:

“ “fire risk assessment” means an assessment carried out to identify the fire hazards in a building and to determine the appropriate measures to minimise or eliminate such fire hazards;”;

(b)

by inserting, immediately after the definition of “occupant load”, the following definition:

“ “operations and maintenance manual”, in relation to any specified complex premises, has the same meaning as in the Fire Safety (Building and Pipeline Fire Safety) Regulations (Rg 1);”; and

(c)

by deleting the definition of “specified premises” and substituting the following definitions:

“ “specified complex premises” means any premises or class of premises specified in paragraph 3A(2)(a) or (b) of the Fire Safety (Premises Requiring Fire Safety Manager and Company Emergency Response Team) Notification 2013 (G.N. No. S 537/2013);

“specified non-complex premises” means any premises or class of premises specified in paragraph 3(a) or (b) of the Fire Safety (Premises Requiring Fire Safety Manager and Company Emergency Response Team) Notification 2013, not being specified complex premises;

“specified premises” means any specified complex premises or specified non-complex premises;”.

Amendment of regulation 3

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

“(a)

within 90 days from the time the premises are specified or fall within the class of premises specified as —

(i)	specified non-complex premises, appoint a fire safety manager certified under regulation 10(5) or (5A) for the premises; or
(ii)	specified complex premises, appoint a fire safety manager certified under regulation 10(5A) for the premises;”.

Amendment of regulation 7

4. Regulation 7 of the principal Regulations is amended —

(a)

by deleting the words “to assist the owner or occupier of any specified premises” and substituting the words “appointed for any specified premises to assist the owner or occupier of the premises”;

(b)

by deleting the words “and emergency exercises for the occupants of the premises annually” in paragraph (ea) and substituting the words “for the occupants of the premises at least twice in every calendar year”; and

(c)

by renumbering the regulation as paragraph (1) of that regulation, and by inserting immediately thereafter the following paragraph:

“(2) In addition to the duties under paragraph (1), it is the duty of a fire safety manager appointed for any specified complex premises to assist the owner or occupier of the premises —

(a)

to carry out a fire risk assessment of the premises —

(i)	at least once in every 3 years;
(ii)	whenever the fire safety manager becomes aware of any change in work processes or work activities at the premises which is likely to increase the fire risk at the premises; and
(iii)	whenever the Commissioner directs a fire risk assessment to be carried out; and

(b)

to perform checks to ensure that any fire safety works using alternative solutions meet the requirements set out in the operations and maintenance manual, if any.”.

Amendment of regulation 8

5. Regulation 8(2) of the principal Regulations is amended by deleting the word “and” at the end of sub‑paragraph (h), and by inserting immediately thereafter the following sub‑paragraph:

“(ha)

in the case of specified complex premises, when the fire risk assessment and checks of the premises were last carried out for the purposes of regulation 7(2);”.

Deletion and substitution of regulation 9

6. Regulation 9 of the principal Regulations is deleted and the following regulation substituted therefor:

“Appointment of fire safety managers

9. The owner or occupier of specified premises must not appoint any person as a fire safety manager for his premises without first obtaining proof that the person is certified by the Commissioner —

(a)	under regulation 10(5) or (5A), if the premises are specified non-complex premises; or
(b)	under regulation 10(5A), if the premises are specified complex premises.”.

Amendment of regulation 10

7. Regulation 10 of the principal Regulations is amended —

(a)

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

“(1) No person may carry out any duty of a fire safety manager —

(a)	for specified non-complex premises, unless that person is certified by the Commissioner under paragraph (5) or (5A); or
(b)	for specified complex premises, unless that person is certified by the Commissioner under paragraph (5A).”;

(b)

by deleting paragraphs (3) and (4) and substituting the following paragraph:

“(3) An application to be certified as a fire safety manager must be —

(a)	made to the Commissioner in such form and manner as the Commissioner may determine; and
(b)	accompanied by such documentary evidence of the applicant’s qualifications or experience as a fire safety manager as the Commissioner may require.”;

(c)

by inserting, immediately after the words “fire safety manager” wherever they appear in paragraph (5), the words “for specified non-complex premises”; and

(d)

by inserting, immediately after paragraph (5), the following paragraph:

“(5A) The Commissioner may, with or without conditions, certify a person as a fire safety manager for specified complex premises (commonly known as a senior fire safety manager) upon an application under paragraph (3) if that person —

(a)	has at least 3 years of working experience as a fire safety manager appointed for specified non‑complex premises;
(b)	holds such qualification in fire safety which in the opinion of the Commissioner is adequate to enable that person to carry out his duties as a fire safety manager for specified complex premises; and
(c)	is, in the opinion of the Commissioner, a fit and proper person to be appointed as a fire safety manager for specified complex premises.”.

Amendment of regulation 11

8. Regulation 11 of the principal Regulations is amended —

(a)

by deleting the words “regulation 10(3)(b)” in paragraph (5)(b) and substituting the words “regulation 10(3)”; and

(b)

by deleting paragraph (6) and substituting the following paragraph:

“(6) The Commissioner may differentiate between fire safety managers certified under regulation 10(5) and (5A) in respect of —

(a)	the requisite minimum number of points required for the purpose of paragraph (1); and
(b)	the courses approved under paragraph (2) or (4).”.

Deletion and substitution of regulation 14

9. Regulation 14 of the principal Regulations is deleted and the following regulation substituted therefor:

“Power to remove fire safety managers

14. If the Commissioner is satisfied that any person is no longer fit to act as a fire safety manager for any specified premises, the Commissioner may by order —

(a)	direct that person to cease acting as a fire safety manager for the specified premises; and
(b)	require the owner or occupier of the specified premises to appoint another person as a fire safety manager for the specified premises.”.

Transitional provision

10.—(1) Despite regulations 9(b) and 10(1)(b) of the principal Regulations as amended by these Regulations, a person (called in this regulation a relevant person), who on 1 July 2015 is a fire safety manager of premises which become specified complex premises on that date (called in this regulation the relevant premises), is deemed to be certified as a senior fire safety manager and the fire safety manager of those premises until —

(a)	30 September 2015; or
(b)	the relevant person earlier stops being the fire safety manager of those relevant premises.

(2) However, if the relevant person applies before 30 September 2015 to be certified as a senior fire safety manager, the relevant person continues to be deemed to be certified as a senior fire safety manager and the fire safety manager of the relevant premises until —

(a)	the date on which the Commissioner certifies or refuses to certify the relevant person as a senior fire safety manager pursuant to the application; or
(b)	the relevant person earlier stops being the fire safety manager of those relevant premises.

(3) If the relevant person stops being the fire safety manager of the relevant premises, then despite paragraph 3A of the Fire Safety (Premises Requiring Fire Safety Manager and Company Emergency Response Team) Notification 2013 (G.N. No. S 537/2013), the owner or occupier of the relevant premises may, before 30 September 2015 and subject to the approval of the Commissioner, appoint for the relevant premises another fire safety manager certified under regulation 10(5) of the principal Regulations as amended by these Regulations (called in this regulation a relevant fire safety manager).

(4) Despite regulations 9(b) and 10(1)(b) of the principal Regulations as amended by these Regulations, the relevant fire safety manager is deemed to be certified as a senior fire safety manager and the fire safety manager of those premises until —

(a)	30 September 2015; or
(b)	the relevant fire safety manager earlier stops being the fire safety manager of those relevant premises.

(5) However, if the relevant fire safety manager applies before 30 September 2015 to be certified as a senior fire safety manager, the relevant fire safety manager continues to be deemed to be certified as a senior fire safety manager and the fire safety manager of the relevant premises until —

(a)	the date on which the Commissioner certifies or refuses to certify the relevant fire safety manager as a senior fire safety manager pursuant to the application; or
(b)	the relevant fire safety manager earlier stops being the fire safety manager of those relevant premises.

(6) A relevant person or relevant fire safety manager who applies before 30 September 2015 to be certified as a senior fire safety manager may be so certified despite not satisfying the requirement under regulation 10(5A)(a) of the principal Regulations as amended by these Regulations, if the Commissioner, at the time of making the decision, is satisfied that the relevant person or relevant fire safety manager has remained as the fire safety manager of the relevant premises.

(7) In this regulation —

“application” means an application made under regulation 10(3) of the principal Regulations as amended by these Regulations to be certified as a senior fire safety manager under regulation 10(5A) of the principal Regulations as amended by these Regulations;

“senior fire safety manager” means a fire safety manager for specified complex premises.

[G.N. No. S 542/2013]

Made on 25 June 2015.

LEO YIP

Permanent Secretary,
Ministry of Home Affairs,
Singapore.

[MHA 112/2/030; AG/LLRD/SL/109A/2010/5 Vol. 3]

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