Skip to content
bruneilawsby aturio
In force2022 Revised Edition
Contents

Part · Control of Fire Safety Works

33. Order for demolition, removal etc. of unauthorised fire safety works

(1)

Where, in the opinion of the Director, any fire safety works are being carried out or have been carried out in contravention of the provisions of this Act (referred to in this section as the unauthorised fire safety works), the Director 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the cessation of the unauthorised fire safety works until the order is withdrawn;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 reIate, as may be necessary to cause the unauthorised fire safety works to comply with any of the provisions of this Act; 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 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 31(3)(b), on the owner of the building or the occupier of that part of the building affected by the order, as the case may be;

(b)

where fire safety works are being carried out in relation to a building, on the person for whom the fire safety works are carried out or the qualified person supervising the fire safety works;

(c)

where a temporary fire permit has been granted in respect of a relevant pipeline under section 31(3)(b), on the pipeline owner or the person for whom the relevant pipeline works are carried out; or

Fire Safety 40

(d)

where fire safety works are being carried out in relation to a relevant pipeline or part thereof, 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 35 has been made to the Minister in respect of the order before the order takes effect, the Director may —

(a)

demolish, remove or alter, or cause to be demolished, removed or altered, the building, the relevant pipeline or the unauthorised fire safety works or to take such other steps as may appear to the Director to be necessary, including ordering the closure of the building or part thereof or cessation of use of the relevant pipeline; 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 Director 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 is guilty of an offence and liable on conviction to a fine not exceeding $100,000, imprisonment for a term not exceeding 12 months or both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part thereof during which the offence continues after conviction.

(6)

The Director may seize any material resulting from the carrying out of any work under subsection (4).

(7)

Any material seized by the Director under this section shall be confiscated by the Director and shall be disposed of in such manner as the

Director thinks fit, and the proceeds, if any, of such disposal shall be paid into the Consolidated Fund.

Fire Safety

Report

Read on from s 34

Part

Control of Petroleum and Flammable Materials

Read on from Part

Part

General

Read on from Part