Amusement Rides Safety (Fire and Rescue Management System) Regulations 2011

PRELIMINARY

1. These Regulations may be cited as the Amusement Rides Safety (Fire and Rescue Management System) Regulations 2011 and shall come into operation on 1st June 2011.

2. In these Regulations, unless the context otherwise requires —

   “adverse incident” means any adverse incident occurring in respect of an amusement ride which necessitates the carrying out of any fire-fighting, rescue or evacuation work and any other related emergency action;

   “approval” means the approval granted under section 36(3)(a) of the Act by the Commissioner of Civil Defence in respect of the design and plans of the fire and rescue management system of an amusement ride that is to be installed or is to undergo a major modification;

   “company emergency response team” means a team of persons appointed to execute the emergency response plan for an amusement ride in the event of any adverse incident;

   “competent person” means a person who is registered as —

   1. an architect under the Architects Act (Cap. 12) and has in force a practising certificate issued under that Act; or

   2. a professional engineer under the Professional Engineers Act (Cap. 253) and has in force a practising certificate issued under that Act;

   “emergency response plan” means an operational plan prepared for an amusement ride setting out the procedures for the carrying out of any fire-fighting, rescue or evacuation work and any other related emergency action in the event of any adverse incident;

   “fire and rescue coordinator”, in relation to an amusement ride, means the person who is appointed under regulation 11 to be the fire and rescue coordinator for the amusement ride;

   “fire and rescue management works” means all works relating to the construction, installation or major modification of —

   1. any part of an amusement ride; or

   2. any apparatus or equipment (whether integrated as part of the amusement ride or otherwise),

   which enables the amusement ride to comply with the fire safety requirements;

   “fire safety requirements”, in relation to an amusement ride, means the fire safety requirements published by the Commissioner of Civil Defence which are applicable to the amusement ride under regulation 5;

   “guidelines” means the most current version of the guidelines issued by the Commissioner of Civil Defence under regulation 6(1);

   “operator”, in relation to an amusement ride, means (as is appropriate in the context of the provision in which that word appears) —

   1. the person who holds an operating permit in respect the amusement ride; or

   2. the person who intends to make, or has made, an application for an operating permit in respect of the amusement ride;

   “Singapore Civil Defence Force” means the Singapore Civil Defence Force raised and maintained under the Civil Defence Act (Cap. 42).

3. —(1) The fees payable to the Commissioner of Civil Defence under Part VI of the Act are specified in the Schedule.

   (2) Any fee that has been paid to the Commissioner of Civil Defence under the Act or these Regulations shall not be refundable, whether in whole or in part.

4. For the purposes of Part VI of the Act, a fire and rescue management system of an amusement ride shall consist of all of the following:

   1. fire and rescue management works;

   2. an emergency response plan;

   3. the appointment, equipping, training and protocols of a company emergency response team; and

   4. the appointment, training and protocols of a fire and rescue coordinator.

FIRE AND RESCUE MANAGEMENT SYSTEM

5. —(1) Subject to paragraph (6), the fire safety requirements with which an amusement ride must comply shall be the fire safety requirements published by the Commissioner of Civil Defence under paragraph (2), in force at the time an application for approval is submitted to the Commissioner of Civil Defence in respect of any proposed installation or major modification of the amusement ride.

   (2) The fire safety requirements shall be published by the Commissioner of Civil Defence in such form and manner as he thinks fit on the Internet website of the Singapore Civil Defence Force at http://www.scdf.gov.sg and shall be obtainable in hard copy from its office during such hours as the office is open for business.

   (3) The fire safety requirements may adopt wholly, partially or with amendments, by reference or otherwise, any code, standard or specification relating to fire safety requirements for amusement rides.

   (4) The fire safety requirements published, or the codes, standards or other specifications adopted, by the Commissioner of Civil Defence shall not be inconsistent with the provisions of the Act or these Regulations, and shall be void to the extent of that inconsistency.

   (5) The Commissioner of Civil Defence may, at any time with notice to all operators of amusement rides, modify any of the fire safety requirements as he thinks necessary.

   (6) The fire safety requirements applicable to an amusement ride —

   1. shall not include any fire safety requirement that has been waived under regulation 15; and

   2. shall be modified to the extent that any fire safety requirement has been modified under regulation 15.

6. —(1) Subject to paragraph (6), the minimum requirements with which —

   1. an emergency response plan for an amusement ride;

   2. the appointment, equipping, training and protocols of a company emergency response team for an amusement ride; and

   3. a risk assessment report for an amusement ride,

      must comply shall be set out in guidelines issued by the Commissioner of Civil Defence, in such form and manner as he thinks fit, and published on the Internet website of the Singapore Civil Defence Force at http://www.scdf.gov.sg and obtainable in hard copy from its office during such hours as the office is open for business.

   (2) The guidelines may adopt wholly, partially or with amendments, by reference or otherwise, any code, standard or specification relating to the emergency response plans or company emergency response teams for amusement rides.

   (3) The guidelines issued, or the codes, standards or other specifications adopted, by the Commissioner of Civil Defence shall not be inconsistent with the provisions of the Act or these Regulations, and shall be void to the extent of that inconsistency.

   (4) The Commissioner of Civil Defence may, at any time with notice to all operators of amusement rides, modify any of the minimum requirements in the guidelines as he thinks necessary.

   (5) Where —

   1. the emergency response plan for an amusement ride; or

   2. the composition, equipping, training or protocols of the company emergency response team for an amusement ride,

   no longer satisfies the minimum requirements in the guidelines by reason of any modification under paragraph (4), the operator of the amusement ride shall, within 30 days after the date the operator is notified of such modification (or such longer period as the Commissioner of Civil Defence may allow in any particular case), submit to the Commissioner of Civil Defence a proposal for such changes to the emergency response plan or to the composition, equipping, training or protocols of the company emergency response team as may be necessary to conform to the modified minimum requirements.

   (6) The minimum requirements —

   1. shall not include any minimum requirement that has been waived under regulation 15; and

   2. shall be modified to the extent that any minimum requirement has been modified under regulation 15.

7. —(1) An application for approval in respect of an amusement ride under section 36(1)(a) of the Act shall be submitted to the Commissioner of Civil Defence in such form as the Commissioner of Civil Defence may require, together with —

   1. the plans for the fire and rescue management works for the amusement ride prepared by a competent person, accompanied by —

      1. a notification of the appointment of the competent person and a confirmation of such appointment signed by the competent person; and

      2. a certification by the competent person that the plans for the fire and rescue management works satisfy the fire safety requirements for the amusement ride;

   2. a proposal for an emergency response plan for the amusement ride, prepared by the operator in accordance with the guidelines for an emergency response plan;

   3. a proposal for the appointment, equipping, training and protocols of a company emergency response team for the amusement ride, prepared by the operator in accordance with the guidelines for a company emergency response team;

   4. a risk assessment report for the amusement ride, prepared by the operator in accordance with the guidelines for a risk assessment report, that identifies —

      1. the fire hazards and human safety risks which may arise in relation to the use of the amusement ride, having regard to the height of the amusement ride, any use of combustible materials in the construction of the amusement ride and any use of flammable materials to create flame effects; and

      2. any features in the design of the amusement ride or other measures taken or to be taken to eliminate or minimise the identified risks; and

   5. a proposal for the appointment, training and protocols of a fire and rescue coordinator for the amusement ride prepared by the operator, setting out such details as the Commissioner of Civil Defence may specify.

   (2) The Commissioner of Civil Defence shall not grant an approval in respect of an amusement ride unless —

   1. he is satisfied that the plans for the fire and rescue management works submitted under paragraph (1)(a) satisfy the fire safety requirements for the amusement ride; and

   2. the proposals and risk assessment report referred to in subparagraphs (b) to (e) of paragraph (1) have been duly prepared and submitted.

   (3) The person to whom approval is granted in respect of the amusement ride shall ensure that the fire and rescue management works for the amusement ride are carried out —

   1. under the supervision of a competent person; and

   2. in accordance with the plans submitted to the Commissioner of Civil Defence under paragraph (1)(a), unless any deviation therefrom has been submitted to and approved by the Commissioner of Civil Defence in writing.

APPLICATIONS FOR APPROVAL, CERTIFICATE OF COMPLIANCE

AND RENEWAL OF CERTIFICATE OF COMPLIANCE

8. —(1) An application for a certificate of compliance in respect of the fire and rescue management system of an amusement ride under section 36(1)(b) of the Act shall be submitted to the Commissioner of Civil Defence in such form as the Commissioner may require, together with —

   1. a certification by a competent person that —

      1. the fire and rescue management works have been carried out in accordance with the plans submitted under regulation 7(1)(a) or any deviation approved under regulation 7(3)(b); and

      2. the amusement ride complies with the fire safety requirements;

   2. an emergency response plan for the amusement ride, prepared by the operator in accordance with the guidelines for an emergency response plan;

   3. a report on the appointment, equipping, training and protocols of the company emergency response team for the amusement ride, prepared by the operator in accordance with the guidelines for a company emergency response team; and

   4. a report on the appointment, training and protocols of the fire and rescue coordinator for the amusement ride prepared by the operator, setting out such details as the Commissioner of Civil Defence may specify.

   (2) The Commissioner of Civil Defence shall not grant a certificate of compliance in respect of an amusement ride unless he is satisfied that —

   1. the fire and rescue management works have been carried out in accordance with the plans submitted under regulation 7(1)(a), or any deviation approved under regulation 7(3)(b), and the amusement ride complies with the fire safety requirements;

   2. the emergency response plan for the amusement ride satisfies the minimum requirements in the guidelines for an emergency response plan;

   3. the company emergency response team for the amusement ride —

      1. has been appointed, equipped and trained in accordance with the minimum requirements in the guidelines for a company emergency response team; and

      2. is at all times competent and operationally ready to execute the emergency response plan for the amusement ride in the event of an adverse incident; and

   4. a fire and rescue coordinator has been appointed in accordance with regulation 11, and is trained to carry out the duties in regulation 12.

   (3) The holder of an operating permit for an amusement ride shall not make any change to —

   1. the emergency response plan referred to in paragraph (1)(b);

   2. the composition, equipment, training or protocols of the company emergency response team referred to in paragraph (1)(c);

   3. the appointment, training or protocols of the fire and rescue coordinator referred to in paragraph (1)(d); or

   4. any other aspect of the fire and rescue management system for the amusement ride,

   after the Commissioner of Civil Defence has issued a certificate of compliance in respect of that fire and rescue management system, unless the prior written permission of the Commissioner of Civil Defence has been obtained for the change.

9. —(1) An application for the renewal of a certificate of compliance in respect of the fire and rescue management system of an amusement ride shall —

   1. be made by the holder of the operating permit for the amusement ride not later than 2 months before the expiry of the certificate of compliance;

   2. be submitted to the Commissioner of Civil Defence in such form and manner as the Commissioner may require, together with —

      1. a certification by a competent person who has inspected the amusement ride not more than 2 months before the date of submission of the application that the amusement ride complies with the fire safety requirements applicable to it;

      2. the emergency response plan for the amusement ride, prepared by the operator in accordance with the guidelines for an emergency response plan;

      3. a report on the composition, equipping, training and protocols of the company emergency response team for the amusement ride, prepared by the operator in accordance with the guidelines for a company emergency response team; and

      4. a report on the training and protocols of the fire and rescue coordinator appointed for the amusement ride prepared by the operator, setting out such details as the Commissioner of Civil Defence may specify; and

   3. be accompanied by the appropriate fee specified in the Schedule.

   (2) Upon receipt of an application under paragraph (1) (including an application resubmitted under sub-paragraph (b)(iii)), the Commissioner of Civil Defence may inspect or test the amusement ride in respect of which the application has been made, or cause such amusement ride to be inspected or tested, and thereafter —

   1. subject to paragraph (3), renew the certificate of compliance —

      1. in such form or manner as the Commissioner of Civil Defence may determine; and

      2. subject to such conditions as the Commissioner of Civil Defence thinks fit to impose;

   2. in writing direct the operator, at the operator’s own expense and within the time specified in the direction, to —

      1. make such modifications as the Commissioner of Civil Defence may require to the fire and rescue management system (including the carrying out of any fire and rescue management works);

      2. take such measures as the Commissioner of Civil Defence may specify for the purpose of ensuring that the fire and rescue management system will comply with the requirements under these Regulations; and

      3. re-submit the application for the renewal of the certificate of compliance upon having made such modifications or taken such measures; or

   3. refuse to renew the certificate of compliance, in which case the Commissioner of Civil Defence shall, if requested by the operator, state in writing the reasons for the refusal.

   (3) The Commissioner of Civil Defence shall not renew a certificate of compliance unless the Commissioner of Civil Defence is satisfied that —

   1. the amusement ride in respect of which the renewal of the certificate of compliance is sought has been inspected and certified by a competent person under paragraph (1)(b)(i), and the amusement ride complies with the fire safety requirements;

   2. the emergency response plan for the amusement ride satisfies the minimum requirements in the guidelines for an emergency response plan;

   3. the company emergency response team for the amusement ride —

      1. has been appointed, equipped and trained in accordance with the minimum requirements in the guidelines for a company emergency response team; and

      2. is at all times competent and operationally ready to execute the emergency response plan for the amusement ride in the event of an adverse incident; and

   4. there is appointed a fire and rescue coordinator in accordance with regulation 11, who is trained and competent to carry out the duties in regulation 12.

   (4) If any direction given by the Commissioner of Civil Defence under paragraph (2)(b) is not complied with within the time specified in that direction, or such further period as he may allow, the Commissioner of Civil Defence may dismiss the application.

10. For the purpose of ascertaining whether the fire and rescue management system of an amusement ride meets the requirements in these Regulations, the Commissioner of Civil Defence may —

    1. require the operator of the amusement ride to furnish him, whether from time to time or at such intervals as he may specify, with such information as the Commissioner of Civil Defence may require concerning any aspect of the fire and rescue management system;

    2. require the operator of the amusement ride to conduct at the operator’s cost such tests, drills and exercises involving the company emergency response team or the fire rescue coordinator, or both, as the Commissioner of Civil Defence may specify; and

    3. conduct such inspections, tests, drills or exercises in relation to the amusement ride as the Commissioner of Civil Defence may consider necessary.

DUTIES OF FIRE AND RESCUE COORDINATOR

AND OPERATOR

11. —(1) The operator of an amusement ride shall appoint a person who has undergone and successfully completed such training as is required by the Commissioner of Civil Defence to be the fire and rescue coordinator for the amusement ride.

    (2) If the fire and rescue coordinator for an amusement ride for any reason vacates his appointment, the holder of the operating permit for the amusement ride shall —

    1. without delay, obtain the written permission of the Commissioner of Civil Defence to appoint another fire and rescue coordinator to substitute the first-mentioned fire and rescue coordinator;

    2. notify the Commissioner of Civil Defence within 7 days after that substitute appointment; and

    3. take all necessary measures to ensure that the amusement ride is not operated during the period when there is no fire and rescue coordinator appointed for the amusement ride.

12. The fire and rescue coordinator of an amusement ride shall —

    1. ensure that —

       1. the fire safety and rescue equipment and apparatus provided under the emergency response plan for the amusement ride are at all times maintained in good repair and working condition; and

       2. the company emergency response team for the amusement ride is at all times operationally ready to execute the emergency response plan for the amusement ride in the event of an adverse incident;

    2. before the amusement ride is open for use by members of the public each day, ensure that a thorough inspection of the fire safety and rescue equipment and apparatus provided under the emergency response plan for the amusement ride is carried out to ascertain that such equipment and apparatus are in working condition and ready for use in the event of an adverse incident;

    3. keep and maintain an updated fire and rescue management system record and ensure that the record contains the following:

       1. the names and duties of the members of the company emergency response team for the amusement ride;

       2. such details as the Commissioner of Civil Defence may require of any test, drill or exercise that is carried out in relation to the execution of the emergency response plan for the amusement ride; and

       3. any other information that the Commissioner of Civil Defence may require;

    4. conduct or cause to be conducted daily checks within the vicinity of the amusement ride to ensure that there is no item therein which constitutes a fire hazard, and remove any such item if found;

    5. ensure that the emergency response plan for the amusement ride is properly executed in the event of an adverse incident;

    6. conduct such test, drill or exercise as the Commissioner of Civil Defence may require from time to time for the purpose of evaluating and validating the effectiveness of the emergency response plan for the amusement ride and the operational readiness of the company emergency response team for the amusement ride to execute the emergency response plan in the event of an adverse incident; and

    7. notify the Commissioner of Civil Defence immediately of any adverse incident, and provide a full report on the adverse incident within 24 hours of its occurrence.

13. The holder of an operating permit for an amusement ride shall —

    1. ensure that in the event of an adverse incident, the emergency response plan submitted to the Commissioner of Civil Defence for the amusement ride is executed;

    2. ensure that there is present at all times when the amusement ride is in operation, a company emergency response team, the members of which —

       1. are appointed, equipped and trained in accordance with the guidelines for a company emergency response team;

       2. are familiar with the emergency response plan for the amusement ride and their respective protocols;

       3. are familiar with the use of the necessary facilities, fire safety and rescue equipment and apparatus to enable the execution of the emergency response plan in the event of an adverse incident;

       4. have attended and completed such courses and training as may from time to time be required by the Commissioner of Civil Defence; and

       5. are competent and operationally ready to execute the emergency response plan for the amusement ride in the event of an adverse incident;

    3. ensure that the fire and rescue coordinator for the amusement ride —

       1. is familiar with the emergency response plan for the amusement ride and his protocols;

       2. is familiar with the use of the necessary facilities, fire safety and rescue equipment and apparatus to enable the execution of the emergency response plan in the event of an adverse incident;

       3. has attended and completed such courses and training as may from time to time be required by the Commissioner of Civil Defence; and

       4. is trained and competent to carry out his duties under regulation 12;

    4. ensure that the emergency response plan for the amusement ride, the protocols of the company emergency response team for the amusement ride and all other relevant manuals, plans, reports, records and documents relating to the fire and rescue management system, are at all times available —

       1. for the reference and use of —

          1. the fire and rescue coordinator for the amusement ride;

          2. the members of the company emergency response team for the amusement ride;

          3. any competent person appointed under these Regulations to inspect or certify the amusement ride; and

          4. all other persons engaged in the operation of the amusement ride; and

       2. for inspection by the Commissioner of Civil Defence when so required by him;

    5. ensure that every person referred to in sub-paragraph (d)(i)(D) is given the necessary training to familiarise him with the emergency response plan for the amusement ride and his respective protocols (if any) thereunder;

    6. provide the necessary facilities, fire safety and rescue equipment and apparatus to enable the carrying out of the emergency response plan for the amusement ride in the event of an adverse incident; and

    7. ensure that the fire safety and rescue equipment and apparatus provided under the emergency response plan for the amusement ride are at all times maintained in good repair and good working condition.

MISCELLANEOUS

14. —(1) Before the Commissioner of Civil Defence withdraws an approval or a certificate of compliance under section 37(1) of the Act, he shall give the person to whom the approval or certificate has been granted (referred to hereafter as the person concerned) notice in writing of his intention to do so and shall in such notice call upon the person concerned to show cause within such time as may be specified in the notice (being not less than 7 days after the date of the notice) as to why the approval or certificate (as the case may be) should not be withdrawn.

    (2) If the person concerned —

    1. fails to show cause within the period of time given to him to do so or such extended period of time as the Commissioner of Civil Defence may allow in any particular case; or

    2. fails to show sufficient cause,

    the Commissioner of Civil Defence shall give to the person concerned notice in writing of the date from which the withdrawal of the approval or certificate of compliance (as the case may be) shall take effect.

15. —(1) The Commissioner of Civil Defence may, if he thinks necessary and expedient upon the application of an operator of an amusement ride, waive or modify, subject to such conditions as he thinks fit to impose —

    1. any of the fire safety requirements applicable to the amusement ride; or

    2. any of the minimum requirements in the guidelines for —

       1. an emergency response plan for the amusement ride;

       2. a company emergency response team for the amusement ride; or

       3. a risk assessment report for the amusement ride.

    (2) An application for a waiver under paragraph (1) shall be made in such form and manner as the Commissioner of Civil Defence may require and shall be accompanied by the appropriate application fee specified in the Schedule.

16. —(1) Any person to whom approval is granted who, without reasonable excuse, contravenes regulation 7(3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both

    (2) Any holder of an operating permit who, without reasonable excuse, contravenes regulation 8(3), 11(2) or 13 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.

    THE SCHEDULE
    Regulations 3(1), 9(1)(c) and 15(2)
    FEES
    1. Application for an approval —
    for a major amusement ride	$150
    for any other amusement ride	$80
    2. Application for the issue or renewal of a certificate of compliance —
    for a major amusement ride	$150
    for any other amusement ride	$90
    3. Application for a waiver under regulation 15	$130

    Made this day of ____ 2011.

    TAN TEE HOW

    Permanent Secretary,

    Ministry of National Development,

    Singapore.

    [Pls insert your file ref.; AG/LLRD/SL/6A/2011/2 Vol. 1]

    (To be presented to Parliament under section 74 of the Amusement Rides Safety Act 2011).

    _{HD2/JL/AmuseRides (F&R) Rgs 2011-4 (jw 23.5.11)}