Section 31
Fire safety certificate
(1)
Any person for whom any fire safety works had been carried out and completed shall apply to the Director and obtain a fire safety certificate in respect of the completed fire safety works.
(2)
All applications under subsection (1) shall be made to the Director in such form as the Director may determine and in the manner prescribed in any regulations made under this Act.
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(3)
The Director may, on application by such person in the prescribed manner, in relation to any building or relevant pipeline, or part thereof —
(a)
issue the fire safety certificate, subject to such conditions as he thinks fit; or
(b)
issue a temporary fire permit and may 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)(b) fails to comply with the requirements specified in the direction within the time specified therein, the application is deemed to be withdrawn.
(5)
Where an application for a fire safety certificate under subsection (1) is accompanied by a written declaration by a qualified person appointed under section 28 in respect of any fire safety work certifying that, to the best of the knowledge and belief of the qualified person, the completed fire safety works to which the application relates have been carried out in accordance with the approved plans of safety works, any requirements specified, or conditions imposed, by the Director under subsection (3)(b), and the provisions of this Act, the Director may, without inspecting the completed fire safety works, issue a fire safety certificate or temporary fire permit, as the Director considers appropriate, on the basis of the written declaration of the qualified person.
(6)
Notwithstanding subsection (5), the Director may, in his discretion, carry out random inspections on the completed fire safety works to which any application under this section relates, at any time before or after the issuing of a fire safety certificate or temporary fire permit.
(7)
The Director may at any time revoke any fire safety certificate or temporary fire permit issued in respect of any completed fire safety works —
(a)
under subsection (3), if he is satisfied that any information given in the application for a fire safety certificate or any document submitted to the Director in respect of the application for the fire safety certificate is false in a material particular; and
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(b)
under subsection (5), if he is satisfied that the written declaration of the qualified person referred to in that subsection is false.
(8)
The Director shall not revoke a fire safety certificate or temporary fire permit unless —
(a)
he has given a written notice to the person for whom the fire safety works have been 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 to which the completed fire safety works relate;
(b)
the rectification of the completed fire safety works; and
(c)
the alteration or demolition of a building or part thereof to which the completed 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 to revoke a fire safety certificate or temporary fire permit, 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)
Any person who fails to comply with this section or with any condition imposed by the Director under subsection (3)(a) is guilty of an offence and liable on conviction to a fine not exceeding $10,000 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.
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