Hydrogen Cyanide (Fumigation) Regulations - Singapore Statutes Online

Hydrogen Cyanide (Fumigation) Act

(Chapter 132, Section 2)

Hydrogen Cyanide (Fumigation) Regulations

Rg 1

G.N. No. S 270/1989

REVISED EDITION 1990

(25th March 1992)

[1st July 1989]

Citation

1. These Regulations may be cited as the Hydrogen Cyanide (Fumigation) Regulations.

Definitions

2. In these Regulations —

“Agency” means the National Environment Agency established under the National Environment Agency Act (Cap. 195);

[S 717/2006 wef 01/01/2007]

“authorised officer” means any person appointed by the Director-General under section 3(2) of the Environmental Public Health Act (Cap. 95) to be an authorised officer;

[S 717/2006 wef 01/01/2007]

“Director-General” means the Director-General of Public Health appointed under section 3(1) of the Environmental Public Health Act;

[S 717/2006 wef 01/01/2007]

“fumigant” means hydrogen cyanide, methyl bromide or hydrogen phosphide;

“fumigation” means the fumigation with hydrogen cyanide, methyl bromide or hydrogen phosphide of any premises or part thereof;

“fumigation area” means the premises or any part thereof undergoing fumigation;

“operator” means any person designated in writing by the undertaker to be in charge of the carrying out of a fumigation and duly licensed under these Regulations;

“premises” includes any building, vehicle, ship or enclosed space;

“risk area” means any part of a building, vehicle, ship or any other enclosed space into which there is any reason to apprehend that the fumigant may penetrate from the fumigation area, and in any case includes those parts of any building, vehicle, ship or other enclosed space which are less than 6 metres from the nearest boundary of any fumigation area unless separated therefrom by a yard, street, or other open space not less than 3 metres in width or by a solid wall, or two adjoining walls of a total thickness of not less than 50 centimetres;

“undertaker” means any person who, under contract or otherwise, undertakes the carrying out of a fumigation.

Duties of undertaker

3.—(1) It shall be the duty of the undertaker —

(a)	to observe the requirements of regulations 14, 16, 17 and 19;
(b)	to take such steps as may be necessary to enable the operator to carry out the requirements of regulations 15, 18, 21, 22 and 23; and
(c)	generally to exercise such supervision and take such steps as are within his power to secure the due observance of these Regulations by those engaged by him to carry out a fumigation.

(2) It shall be the duty of the operator to secure that the requirements of regulations 15, 18, 21, 22 and 23 are complied with and of all the persons employed in connection with the fumigation to co-operate with the operator for that purpose.

Fumigation by licensed undertaker and operator

4.—(1) No undertaker shall carry out a fumigation except by means of an operator duly licensed in accordance with these Regulations.

(2) The operator referred to in paragraph (1) shall be separately licensed to carry out fumigation with hydrogen cyanide, methyl bromide or hydrogen phosphide.

Application for licence

5. Every application for a licence to carry out fumigation with each fumigant shall be made to the Director-General in writing in the Form A set out in the Schedule, and shall be accompanied by a fee of $170.

[S 717/2006 wef 01/01/2007]

[S 207/2021 wef 01/04/2021]

Application for renewal of licence

6. Every application for the renewal of a licence to carry out fumigation with each fumigant shall be made to the Director-General in writing in the Form B set out in the Schedule, at least two months before the expiry of the current licence, and shall be accompanied by a fee of $170.

[S 717/2006 wef 01/01/2007]

[S 207/2021 wef 01/04/2021]

Licence

7. Every licence granted by the Director-General shall be in the Form C set out in the Schedule and shall unless sooner cancelled or suspended remain in force until the 31st December next following the date the licence was granted.

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Refusal of application

8. Where an application is refused, the fee accompanying the application shall be returned to the applicant.

Suspension or cancellation of licence

9. The Director-General may, in his discretion, suspend for such period as he may think fit or cancel any licence at any time during the currency thereof if he is satisfied that the holder of the licence is not a fit and proper person to hold the licence.

[S 717/2006 wef 01/01/2007]

Inspection of licence

10. The holder of a licence shall produce the licence for inspection when required to do so by the Director-General or an authorised officer.

[S 717/2006 wef 01/01/2007]

Licence granted to fit and proper persons

11. The Director-General shall not grant a licence unless he is satisfied that the applicant therefor is a fit and proper person to carry out a fumigation as an operator.

[S 717/2006 wef 01/01/2007]

Medical and other requirements

12. Every applicant shall —

(a)	produce a certificate of a registered medical practitioner showing that he is not suffering from any infirmity to render his use of a fumigant for the purpose of fumigation dangerous either to himself or to the public;
(b)	undergo a further medical examination before a renewal of a licence is granted or when required to do so by the Director-General; [S 717/2006 wef 01/01/2007]
(c)	furnish such particulars and pass such theoretical or practical test as the Director-General may require to satisfy himself that the applicant is a fit and proper person to be granted a licence; [S 717/2006 wef 01/01/2007]
(d)	have had not less than 6 months regular experience of fumigating together with in addition 12 months regular experience of fumigating one or more of the following, namely, ships, buildings or produce and shall be otherwise competent for the purpose; and
(e)	pay a fee of $180 for the theoretical or practical test conducted under paragraph (c). [S 717/2006 wef 01/01/2007] [S 25/92 wef 01/04/1992; S 56/93wef 1.4.93; S 378/96 wef 01/09/1996]

13. The Director-General shall keep or cause to be kept a register in which shall be entered the name, address and such other particulars as he considers necessary of every person to whom a licence has been granted. The holder of a licence shall notify the Director-General in writing of any change of address within 7 days after the change.

[S 717/2006 wef 01/01/2007]

Fumigation to be carried out by adequate staff under supervision

14.—(1) Every fumigation shall be carried out by an adequate staff of which one member shall be designated in writing by the undertaker as the operator in charge of the fumigation.

(2) The fumigation staff shall in all cases include two persons both of whom shall be adequately trained in first-aid.

Safety requirements

15. No person shall commence to fumigate any premises until —

(a)	he has by personal inspection ascertained that all portions of the fumigation area and the risk area have been vacated;
(b)	all fires and naked lights in the fumigation area have been extinguished;
(c)	all liquids and foods which are liable to absorb the fumigant have been removed from the fumigation area; and
(d)	all practical steps have been taken to seal all openings, cracks or crevices so as to prevent the escape of the fumigant from the fumigation area.

Notice of intention to fumigate premises and ships

16.—(1) A person intending to fumigate any premises shall, at least 24 hours before commencing the fumigation, deliver a notice in the Form D set out in the Schedule to the Director-General or an authorised officer with, in the case of a ship, a copy of the notice to the Port Master of the Maritime and Port Authority of Singapore.

[S 717/2006 wef 01/01/2007]

(2) Where it is for any reason impracticable to give the 24 hours’ notice as required by this regulation, the Director-General or an authorised officer may authorise a shorter period of notice.

[S 717/2006 wef 01/01/2007]

Notice of intention to fumigate to other concerned parties

17.—(1) In addition to complying with regulation 16, every person intending to fumigate any premises shall, before commencing the fumigation, deliver a notice in writing —

(a)

(i)	in the case of a building or other enclosed space — to the occupier of the building or other enclosed space; and
(ii)	in the case of a ship — to the master or other person in charge of the ship; and

(b)

to every occupier and tenant within the fumigation area and the risk area.

(2) Such notices shall be in duplicate and be in the Form E set out in the Schedule, and one copy of the notice shall be signed by the person receiving the notice and shall be retained by the person issuing the notice.

Warning signs

18. A person fumigating any premises shall —

(a)	close and securely fasten all doors or other means of access to the fumigation area and the risk area;
(b)	provide notices written in English, Malay, Chinese and Tamil containing in block letters not less than 5 centimetres in height the words “DANGER: POISON GAS: DO NOT ENTER” where they may readily be seen by any person approaching the fumigation area or the risk area; and
(c)	inform the nearest police station and the fire brigade.

Prohibited times for fumigation

19.—(1) No person shall commence to fumigate any premises on any day or time without a permit from the Director-General. The fee payable to the Director-General for each such permit shall be $45.

[S 717/2006 wef 01/01/2007]

[S 207/2021 wef 01/04/2021]

(2) The permit referred to in paragraph (1) shall be in the Form F set out in the Schedule.

(3) If fumigation is not commenced within the time specified in the permit, the person intending to fumigate shall serve again the notice required under regulation 16 and obtain a fresh permit.

(4) The Director-General may, in his discretion, refuse to grant a permit if in the interests of public health and safety the fumigation for which the permit is sought should not be carried out.

[S 717/2006 wef 01/01/2007]

Operator to take charge of keys

20. The operator shall take charge of all keys of any premises within the fumigation area and the risk area, and shall be responsible for the due observance of the requirements of these Regulations.

Method of use of fumigant

21. The fumigant shall not be applied in such a manner as to be absorbed in liquid form by floors, walls, ceilings or household effects nor in such quantities as to exceed the concentration permitted by the Director-General for the fumigant.

[S 717/2006 wef 01/01/2007]

First-aid and safety equipment

22. After liberation of the fumigant has commenced and until the fumigation area and the risk area are free from danger —

(a)	any member of the fumigating staff being in any part of those areas shall have in his possession ready for immediate use an efficient mask or other apparatus which affords complete protection to the wearer against fumigant gas, and shall carry or have in his possession ready for immediate use an efficient electric torch; and
(b)	there shall be constantly available such first-aid appliances and remedies as the Director-General may from time to time require by written notice addressed to holders of licences. [S 717/2006 wef 01/01/2007]

Declaration of safety

23. No person other than a member of the fumigating staff shall be permitted to enter the fumigation area after fumigation until both the fumigation area and the risk area are declared safe for re-entry by means of a written declaration in the Form G set out in the Schedule served by the operator on all persons to whom the notice required by regulation 17 has been served. No such declaration shall be given until —

(a)	the fumigation area has been ventilated in such a manner and for such period as shall be effective to secure that the area is free from danger;
(b)	it has been established by tests, other than the sense of smell that the premises are free from danger. For this purpose the operator shall be equipped with test papers or other means approved by the Director-General for objectively testing the atmosphere; [S 717/2006 wef 01/01/2007]
(c)	all residues of the materials used for fumigation have been removed;
(d)	all water taps have been turned on for at least one minute and the water allowed to run to waste;
(e)	all water closet cisterns have been emptied and the pans adequately flushed;
(f)	all other receptacles containing water or other liquid which is liable to absorb fumigant or gas arising therefrom have been emptied; and
(g)	all bedding, blankets, pillows, clothing, cushions and other articles which are liable to absorb the fumigant or gas arising therefrom have been well shaken or beaten or aired until they are free from any dangerous concentration of fumigant or gas arising therefrom.

Operator to keep a record

24. The operator shall keep a record in the Form H set out in the Schedule in which shall be entered the particulars prescribed in that Form. The record shall be preserved in good condition and shall be produced if required by the Director-General or an authorised officer at any time during the period of validity of the licence.

[S 717/2006 wef 01/01/2007]

Accidents

25. In the event of the occurrence of any accident which occasions loss of human life or personal injury as the result of the fumigation of any premises, the operator shall immediately give notice of the accident to the Director-General or an authorised officer.

[S 717/2006 wef 01/01/2007]

Fees payable to Agency

26. All fees collected under these Regulations shall be paid to the Agency.

[S 717/2006 wef 01/01/2007]

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