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bruneilawsby aturio
In force2022 Revised Edition
Contents

Part · General

63. Regulations

(1)

The Minister may, with the approval of His Majesty the Sultan and

Yang Di-Pertuan, make regulations for carrying out the purposes and provisions of this Act as he considers necessary and for any matter which is required under this Act to be prescribed and, in particular, the Minister may make regulations in respect of all or any of the following matters —

(a)

the control of the sale, supply, installation, repair, maintenance and inspection of fire safety works;

(b)

the licensing of persons who carry on the trade or business of supplying, selling, maintaining, repairing or inspecting fire safety works;

(c)

the prescribing of the type of fire safety measures to be installed in any premises;

(d)

the prescribing of the requirements of an emergency response plan required under this Act;

(e)

the control, regulation and supervision by registration, licensing, inspection or otherwise of places to which the public has access;

(f)

the submission of plans and specifications of fire safety works, the authorisation of persons qualified to submit the same and their duties and responsibilities and the nature or classifications of plans or specifications which each such person may submit;

(g)

the time and manner of making an application for temporary fire permits and fire safety certificate;

(h)

the time and manner of making an application for the change of use of premises;

(i)

the prescribing of the type of tests to be applied to any petroleum or flammable material to ascertain its flashpoint and the methods of applying the same;

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(j)

the determining of the standard of any class of petroleum;

(k)

the licensing and management of relevant pipelines and places for storing any class of petroleum or any flammable material, including requirements to establish emergency response teams and to prepare emergency response plans for such emergency response teams to undergo such training or assessment and satisfy such standards as the Director may specify;

(l)

the prescribing of the quantities of any class of petroleum or any flammable material that may be stored in any licensed premises and the method in which it is to be stored including the maximum quantity of any class of petroleum or any flammable material that can be stored without a licence for residential, commercial or industrial use;

(m)

the regulation of the dispensing of any class of petroleum or any flammable material;

(n)

the regulation of the conveyance of any class of petroleum or any flammable material by a relevant pipeline;

(o)

the regulation of the transport of any class of petroleum or any flammable material, including specifying the time during which such petroleum or flammable material can be transported and the maximum quantity of any class of petroleum or any flammable material that can be transported without a licence or permit;

(p)

the determining of the quantity of and the receptacles in which any class of petroleum or any flammable material may be carried in any vehicle;

(q)

the prescribing of the standard and specification for the construction of any premises in which any class of petroleum or any flammable material is to be stored;

(r)

the prescribing of the types and standards of materials and appliances to be used for preventing or extinguishing fire in any licensed premises;

(s)

provisions for the protection of premises adjacent to licensed premises;

Fire Safety

(t)

the requiring of any receptacle containing petroleum or flammable material to carry warning labels and to denote the class of petroleum or the flammable material contained therein;

(u)

the regulation of the import, storage, transport, distribution, maintenance and disposal of cylinders used to contain any class of petroleum or flammable material, including requirements to store different brands of cylinders at different licensed premises and for labelling and colour-coding of cylinders;

(v)

the prescribing of fees and charges for the purposes of this

Act;

(w)

the prescribing of conditions to be attached to any licence or permit, including the requirement for licensees to impose specified contractual terms on other parties to enable the licensee to maintain fire safety in its operations, and the requirements and conditions to be observed by persons at the premises or driving any vehicle to which the licence or permit relates;

(x)

the regulation, control and licensing of persons and organisations engaged in the business of petroleum or flammable material distribution;

(y)

the requirement for security to be given by any class of licensees to ensure compliance with this Act;

(z)

the prescribing of the offences which may be compounded and the method and procedure by which they may be compounded;

(za)

the prescribing of any matter which is required to be or which may be prescribed for the purposes of this Act.

(2)

The Minister may, with the approval of His Majesty the Sultan and

Yang Di-Pertuan, in making any regulations under subsection (1), provide that any contravention or failure to comply with any of the provisions of the regulations shall be an offence punishable with a fine not exceeding $10,000

or with imprisonment for a term not exceeding 6 months or with both.

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