Section 26
Fire safety works
(1)
Subject to the provisions of this Act, the person for whom any proposed fire safety works are to be commenced or carried out shall apply, in accordance with the regulations made under this Act, to the Director for approval of the plans of the fire safety works.
(2)
Subject to the provisions of this Act, every person for whom any fire safety works (whether as part of any building works or otherwise) are to start shall, before making an application under subsection (1) for approval of the plans of those fire safety works, appoint in any other case, an appropriate qualified person to prepare the plans of those fire safety works.
(3)
The Director may —
(a)
approve, subject to such conditions as he may impose, any one or more of the plans submitted to him under subsection (1);
(b)
disapprove any of the plans which is not in order; or
(c)
in writing direct the applicant to comply, within such period as may be specified in the direction, with such requirements as the
Director may specify for the purpose of ensuring compliance with the provisions of this Act.
(4)
If the person to whom any written direction is given under subsection (3) fails to comply with the requirements specified in the direction within the time specified therein, the Director may reject the plans.
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(5)
Where an application is made under subsection (1) regarding any plans of any fire safety works, the Director may, without checking the plans, approve those plans if in the case of plans referred to in subsection (2), the application and plans are accompanied by a written declaration by the qualified person who prepared those plans declaring that the plans have been prepared in accordance with any requirements specified, or conditions imposed, by the Director under subsection (3) and the provisions of this Act.
(6)
Notwithstanding subsection (5), the Director may, in his discretion, carry out random checks on any plans of fire safety works at any time before or after approving the plans under that subsection.
(7)
The Director may at any time revoke any approval granted in respect of any plans of fire safety works —
(a)
under subsection (3)(a), if he is satisfied that any information given in the application for approval or any document submitted to the
Director in respect of the application for approval is false in a material particular; and
(b)
under subsection (5), if he is satisfied that the written declaration submitted by the qualified person referred to in that subsection is false.
(8)
The Director shall not revoke any approval granted in respect of any plans of fire safety works unless —
(a)
he has given a written notice to the person for whom the fire safety works are carried out to comply, within such period as may be specified in the notice, with such requirements as the Director may specify for the purpose of ensuring compliance with any of the provisions of this Act; and
(b)
the person has failed or refused to comply with the requirements specified in the written notice.
(9)
The requirements referred to in subsection (8) may include —
(a)
the amendment of any of the approved plans of fire safety works;
(b)
the rectification of the fire safety works; and
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(c)
the alteration or demolition of a building or part thereof to which the fire safety works relate.
(10)
Any person who fails or refuses to comply with any requirement specified in the written notice given by the Director under subsection (8)(a)
is guilty of an offence.
(11)
The Director shall in writing notify the person for whom the fire safety works are carried out of his decision —
(a)
to disapprove any plans of fire safety works under subsection (3)(b);
(b)
to reject any plans of fire safety works under subsection (4); or
(c)
to revoke an approval granted in respect of any plans of fire safety works under subsection (7), and shall specify a date, not less than 14 days from the date of the written notification, on which the decision of the Director shall take effect.
(12)
Where a decision of the Director to revoke any approval granted in respect of any plans of fire safety works has taken effect —
(a)
any fire certificate issued for the purposes of section 23 in respect of any building to which the fire safety works relate; and
(b)
any fire safety certificate or temporary fire permit issued in respect of the fire safety works under section 31, as the case may be, shall automatically lapse.
(13)
For the purposes of this section, any plans of any fire safety works that are prepared in accordance with the solutions issued by the Director as in compliance with the fire performance requirements is deemed to satisfy such fire performance requirements as the Director may specify.