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Topic

Stakeholders’ statutory duties in


electrical fire prevention

Electrical Fires and Preventive by Er Lim Han Cheong


Measures (Part 1) BEng (EE), MSc (IE), LLB (Hons), BSc
(Economics) Hons , P.Eng, C.Eng, Sr MIES,
MIET, FSiArb, ACS, ACIS, ACTA, a trained
mediator, translator and an accredited
Adjudicator under the SOP Act
is Principal Consultant of Pinnacle
Engineering and Management
Consultancy
The actual cause of an electrical
fire incident may not be easily
ascertained due to the evidence
of its origin has often been
destroyed by the fire
Who is then answerable to an
electrical fire incident ?
Let’s take a look at the
decisions of courts in regard to
an electrical fire case in 1999

The multi-party civil proceeding The court decisions will help us


in this case is complex, involving understand better the legal
hearings at high court as well as consequence if stakeholders are
appeal to court of appeal found negligent in electrical fire
case
The fire site

37 35
Woodpile
Shophouses
(Factory premises)
21 23 25 27

Owners 1st floor


2nd floor Tenants
For illustration only Tenant
Comment: The fire site sketch was reconstructed based on
information in court judgments and street directory from the
Internet

Source: Relevant court case judgments


Ref case: Party A v Party B [2000] SGHC 270

Court cases [2000] SGHC 265, [2002]214


and [2003] SGCA 10 arising from the same
fire are not covered in this presentation
Plaintiffs:
No.1 - the owners of shophouse
No.23
Findings of the court
No.2 - the tenant of No.23, 2nd
storey

Defendants:
3rd defendants, the tenants of
shophouse No.25, 1st storey
Party A v Party B [2000] SGHC 265
Summary
Date and Time Problem

Fire started about 3 am or slightly The fuses supposed to cut off any
later, 20 February 1999 over current did not work due to
incorrect ones
Location
Why ?
A short circuit at the supply wiring to
the machines located in the front Consisted of 3 strands of copper
yard of No. 25 (woodpile location) wires instead of smaller more
sensitive wires
Ignition

By electrical arcing (sparks) in the Incorrect fuses allowed the short


course of the short circuit circuit to persist

Root Cause
A short circuit occurred at these wirings because the wirings had not been
maintained; and most probably it had been over-loaded

Over time, the insulation on the copper deteriorated then a short-circuit


occurs
Decision
Since
The fuses were in premises they In the circumstances, the third defendants,
in failing on these counts, were negligent
occupied and used
and the plaintiffs’ claim against them in
The responsibility rested with them negligence must succeed
to ensure that the electrical wires
were well insulated and the proper
fuses or circuit breakers were in In Grounds of Decision in Party C v Party B
place [2002] SGHC 214, a sequel to Part A v Party
B [2000] SGHC 270, the HC stated in Para 1 :
It was not disputed that the fuses
were not in conformity with the “ …The third defendants appealed against
the finding of liability against them …
recommended 30 amperes
specification … subsequently dismissed by the Court of
Appeal “
It was not necessary for the
plaintiffs to prove the third * Criminal prosecution, if any, on violation
defendants were the ones who of any prevailing legislation in force against
altered the fuses stakeholders, will be determined by the
relevant authority after investigation
Lessons Learnt from the
above electrical fire incident SS638/CP5; SS538, Tx Code,

It is necessary … Electricity (Amendment) Act 2018


and Regulations, WSH Act and
1 Regulations, etc.
* To ensure the connected 3
electrical equipment /device, etc.
and the installation are designed, * Proactive actions are required
operated and maintained in by the stakeholders in electrical
compliance with relevant industry fire prevention
standards and legislative
requirements currently in force, Note: In the regard, non-action
etc. could cause damage to premises,
2 personal injury or fatality leading
* To identify electrical fire hazard to civil proceeding as well as
and take control measures to criminal prosecution/regulatory
mitigate the fire risk action for violation of relevant
statutory duty under the
legislation as the case may be
Avoidance of
In Summary Human Errors
SOP, Site Checks
and Training

Design Statutory Duties


Connected electrical
Legislative
equipment /device, etc. Operation Requirements
and the installation
Maintenance Hazard
Identification
and RA

Electrical
If non-compliance Installations

stakeholders Fire Safety

Mitigating Measures
Regulatory Civil Fire insurance,
Action Proceeding etc.
Regulatory in character

What is “Statutory Duty” ? Breach of “Statutory Duty”

It can be imposed on
both private entities It can lead to diverse
including natural and consequences in the event of
artificial persons, a statutory breach, such as
employers, and personal injury, property
occupiers of premises, damage, economic loss,
regulatory action and civil
proceeding, inter alia
as well as public
authorities and Not discussed in
this presentation
agencies
In Singapore, electrical installations are
required to comply with the statutory
requirements stipulated in the legislations
and regulations indicated in the respective
Appendix of CP5 /SS638:2018 (Formerly CP5)
Appendix 2(L) (informative) CP-5
Statutory requirements
In the Republic of Singapore, electrical
Comparison installations are required to comply with the
statutory requirements stipulated in the
legislations and regulations indicated below.
Information concerning these regulations may be
obtained from the appropriate authority indicated.
(i) The Electricity Act (Chapter 89A) and its
subsidiary regulations
Energy Market Authority
New (ii) Workplace Safety and Health Act (Chapter
354A)
Ministry of Manpower
(iii) Fire Safety Act (Chapter 109A)
Fire Safety and Shelter Department, Singapore
Civil Defence Force
(iv) Building Control Act
Building and Construction Authority
New (v) Consumer Protection (Trade Description and
Safety Requirements) Act
Enterprise Singapore
(vi) Consumer Protection (Safety Requirements)
Regulations
Enterprise Singapore
Highlights of statutory duties of 3
regulatory frameworks on electrical
installation

Source: Please refer to AGC and relevant authority’s websites on latest legislation
and requirements
1
WSH
Regulatory framework
on electrical installation
in respect of electrical fire prevention

For workplace
Compliance by stakeholders
Occupier of workplace
Employers
Self-employed persons
Principals
See Persons at work
exemption Manufacturers and suppliers of
machinery, equipment or hazardous
substances used at work
Persons who erect, install or modify
machinery or equipment and persons in
control of machinery for use at work
“occupier”, in relation to any premises or
WORKPLACE SAFETY AND part of any premises, means —
HEALTH ACT (a) …a factory where a certificate of
(CHAPTER 354A) registration has to be obtained …the person
(Original Enactment: Act 7 who is, or is required to be, the holder of the
of 2006) certificate;
REVISED EDITION 2009 (b) … a factory where a notification has to be
(31st July 2009)
submitted … the person who is named in the
An Act relating to the safety,
health and welfare of
notification, or is required to submit a
persons at work in notification; and
workplaces.
[1st March 2006] (c) … other premises — the person who has
charge, management or control of those
premises either on his own account or as an
agent of another person, whether or not he is
* Electrical installations are
common in workplace also the owner of those premises;
including factories
Definition
“owner”, in relation to any “premises” includes any place
premises, means — whether enclosed or built on or
not, whether situated
(a) the person for the time being underground or underwater and,
receiving the rents or profits for the in particular, includes —
lease of the premises, whether on
his own account or as agent or (a) any building, vehicle, vessel or
trustee for any other person; or aircraft;
(b) any structure, whether a fixed
structure or a movable structure
(b) the person who would so receive such as a tent; and
the rents or profits if the premises (c) a part of any premises,
were leased; including a part of premises of a
kind referred to in paragraph (a) or
(b);
EXEMPT PERSONS AT WORK

1. Any member of the Singapore 2. A crew member at work on


Police Force (including the Special board any ship, aircraft or any
Constabulary), Singapore Prisons other international mode of
Service, Internal Security transport which does not pose a
Department, Central Narcotics risk to the safety and health of
Bureau, Singapore Armed Forces, any person other than the crew
Singapore Civil Defence Force and member himself or any other
the Immigration & Checkpoints crew member on board the ship,
Authority while on duty aircraft or other international
mode of transport
Statutory Duty

To follow approved codes of practice

CP5 & CP88 are on the approved list of COP


for compliance
Approved Codes of Practices Use of approved codes of practice
in criminal proceedings
In accordance with S40B (3) of the CP5 40C.—(1) A person shall not be
Workplace Safety and Health Act 2006, liable to any criminal proceedings
the Workplace Safety and Health by reason only that he has failed to
Council has approved Codes of Practice observe any approved code of
for providing practical guidance on practice.[9/2008]
safety and health to the industry
(2) In any proceedings for an
The Approved Codes of Practice (ACOP) offence under this Act, an approved
is intended to be used as a yardstick to code of practice that is relevant to
assess whether reasonable practicable any matter which it is necessary for
measures have been taken to upkeep the prosecution to prove in order
safety and health standards at the to establish the commission of the
workplace offence shall be admissible in
evidence in the proceedings
CP5 is on the list
* SS638 (Formerly CP5) is now available

CP88 Parts 1,2,3 *Only Parts 1 and 2 are


under the EA
Statutory Duty
To carry out RA and risk mitigating
measures inter alia
The Law

WSH (Risk Management)


Regulations

With respect to …
WORKPLACE SAFETY AND HEALTH ACT
REGULATORY FRAMEWORK
RM Regulations

Cover RM in all workplaces


Employers, self-employed and
principals are responsible

* Coverage of electrical
fire risk
WSH (Risk Management) Regulations

Regulation 3 requires that in Regulation 4 stipulates that all


every workplace reasonably practical steps be taken to

Eliminate any foreseeable risk to any


The employer, self-employed person
person and principal shall
conduct a risk assessment If risk can not be eliminated, take
in relation to the safety and reasonably practical measures to
health risk posed to any person minimise the risk by
who may be affected by the - substitution
undertaking in the workplace - engineering control
- administrative control
- provision and use of suitable personal
The Commissioner may protective equipment; and
determine the manner in which - such safe work control procedures to
it is to be conducted control the risk
- specify the roles and responsibilities of
persons involved in the implementation
of any measure or safe work procedures
WSH (RiskWSH (RISK MANAGEMENT)
Management) Regulations REGULATIONS

Regulations 5 & 6 require every employer, self-employed


persons and principals to
R(5) R(6)
Maintain a record of risk In every workplace, take all reasonably
assessment practicable steps to ensure any person
- Conducted who may be exposed to a risk to his safety
- Any measures or safe work and health is informed of
procedures implemented
- Submit records to the - The nature of the risk involved
Commissioner when - Any measures or safe work procedure
required implemented
- Keep record for not less
than 3 years [R5(2)]
Do the above whenever risk assessment is
revised or measure or safe work
procedure implemented is changed
WSH (RISK MANAGEMENT) REGULATIONS

Regulation 7 requires, in every workplace, the employer, self-


employed person and principal shall review, and if necessary,
revise the risk assessment

At least once upon the Where there is a


or or
every 3 years occurrence of any significant change
bodily injury to in work practices or
any person as procedures
result of exposure
to a hazard in the
work place
WSH (RISK MANAGEMENT) REGULATIONS
Reg Failure to comply with Regulation in Penalty for violation

3.(1) Conducting risk management for work in the 1st offence


workplace - max $10,000 fine
4(1) Taking all reasonably practicable measures to
eliminate or reduce foreseeable safety and health 2nd or subsequent offence
risks - max $20,000 fine; or
- max 6 month imprisonment; or
4(2) Establishing reasonably practicable measures to - both
minimise the risk and safe work procedure to control
the risk if the risks can not be eliminated
4(4) Specifying the roles and responsibilities of persons
involved in the implementation of risk control
measures or safe work procedures
5 Keeping records of risk assessment
6 Informing any person in the workplace of the nature
of the risks involved and any risk control measure or
safe work procedures implemented or whenever
there is revision of risk assessment or change to
procedures
7 Reviewing and revising risk assessment as stipulated
Statutory Duty
To ensure electrical installations are safe
to operate at worksite which could
prevent electrical fire besides electricity
safety
The Law

WORKPLACE SAFETY AND


HEALTH (CONSTRUCTION)
REGULATIONS 2007
With respect to …
WORKPLACE SAFETY AND HEALTH ACT
REGULATORY FRAMEWORK
PART V
ELECTRICAL SAFETY
R34 - Electrical power circuits
It shall be the duty of –
* Coverage of electrical installations
(a) the employer of any
person …; or Before any work is carried out at a
worksite, the worksite shall be
(b) the principal under whose inspected to ascertain whether there
direction any person …, is —

to comply with … (a) any electrical power circuit which


any person may come into contact …;
and

(b) any tool or machine which is


connected to any electrical power
circuit …
…, appropriate warning signs
understood by the persons
carrying out the work in the
worksite shall be clearly posted
and maintained at the place where
the circuit, tool or machine is
located
Comment : So that the power circuit,
the connected tool or machine would
not be accidentally damaged which
may cause electrical fire due to short-
circuit as a result
No person shall be permitted to work in a worksite where he
may come into contact with any part of an electrical power
circuit unless -

(a) he has been advised of (b) he is protected against electric


the location of the shock -
electrical power circuit, the
hazards involved and the (i) by de-energizing the circuit and
protective measures to be earthing it; or
taken;
and
(ii) by guarding it with effective
insulation or other means

Comment : The toolbox meeting will ensure persons working in the


vicinity of the power circuit be fully aware of the present of electrical
power circuits, and take precautionary measures not to damage them to
avoid power outage as well as electrical fire risk as the case may be
R35 -Installation of electric wiring and power lines
All electric wiring in a worksite shall —
It shall be the duty of — (a) be supported on proper insulators;
(a) the employer of the person …; and
or (b) not be looped over nails or brackets
No electric wiring or cable shall be left or
(b) the principal under whose laid on the ground or the floor of a
direction any person …, worksite unless it is —
(a) of the weather-proof type;
to comply with …
(b) provided with adequate protection to
withstand the wear and tear …
Not applicable to a flexible cable (c) maintained in good and safe working
which - order
(a) does not exceed 3 metres in length;
and Comment : Besides electrical safety, to
(b) is used to connect an electrical prevent electrical fire caused by damage,
equipment to a plug short-circuit, insulation failure, etc. of the
wiring
It shall be the duty of the occupier of a
worksite to ensure that all elevated
power lines shall —

(a) have a sufficient vertical clearance


where they cross highways, access
Comment : Besides electrical
roads or areas travelled by trucks,
safety, to prevent electrical fire
cranes, shovels or other similar
caused by damage to the power
equipment; and
lines
(b) be at least 5 metres above the
ground level
R36 -Bare wires and exposed live conductors
It shall be the duty of the occupier of a
(b) …that any exposed metal part
worksite where any electrical installation is of the electrical installation, other
used in the worksite to ensure — than the current carrying part, …is
(a) that the electrical installation is effectively earthed; and
effectively earthed where these have
provisions made for earthing; … (c) … that no bare wires or other
uninsulated live conductors are
located at any place in a worksite
where a person may work or pass,
unless —
(i) such wires or conductors are
effectively insulated or guarded …;
or
(ii) the person working or passing
is an electrical worker licensed
Comment : Besides electrical safety, poor
under the Electricity Act (Cap. 89A)
earthing can cause protective device not to to carry out such electrical
trip to isolate the faulty component which works …
may eventually lead to electrical fire
It shall be the duty of —

(a) the employer of the person …;

or to ensure —
(b) the principal under whose
direction any person … (i) that the electrical appliance or
current carrying equipment is
effectively earthed where these have
who uses any electrical appliance provisions made for earthing;
or other current carrying
equipment in a worksite
and
(ii) that any exposed metal part of
the electrical appliance or current
Comment : Besides electrical carrying equipment, other than the
safety, poor earthing can cause current carrying part, which is liable
protective device not to trip to to become energised in the event of
isolate the faulty component a failure in the insulation is
which could eventually lead to effectively earthed
electrical fire
R37 -Residual current circuit breakers and overcurrent protective
devices

It shall be the duty of the occupier


of a worksite where any electrical
installation is used in the worksite
to ensure that —

(a) effective residual current circuit


breakers are installed for all
temporary electrical installations to
provide earth leakage protection;
and

(b) overcurrent protective devices


with the appropriate ratings are Comment : Besides electrical safety,
installed in the distribution board to this is to ensure that protective devices
provide overcurrent or short-circuit can trip to isolate the faulty
protection component in time to prevent
electrical fire
R38 - Prohibition on use of fuse

It shall be the duty of the occupier


Comment : Besides electrical safety,
of a worksite where any electrical
this is to ensure that protective
installation is used in the worksite
devices can trip to isolate the faulty
to ensure that no fuse is used in
component fast enough to prevent
the final circuit of any electrical
electrical fire
installation
R40 - Industrial plug and socket-outlet

It shall be the duty of the occupier of a worksite … to ensure that the


plug and socket-outlet used for connecting any electrical equipment to
a temporary electrical installation is of heavy duty industrial type

Comment : Besides electrical safety, this


is to ensure that appropriate electrical
accessories be used at worksites to
prevent electrical fire
R41 -Distribution board and socket-outlet assembly

It shall be the duty of the occupier of a worksite to ensure that —

(a) circuit breakers used (b) the enclosure is constructed so


for the final circuits of any as —
distribution board and (i) to fully enclose all live electrical
socket-outlet assembly in parts within the enclosure;
the worksite are housed (ii) to allow any of the circuit breakers
in an enclosure; and to be switched on or off without
having to open the enclosure; and
(iii) to be of weather-proof
construction

Comment : Besides electrical safety,


this is to ensure that protective
devices can function normally to
isolate electrical installation fault fast
No
fuse enough to prevent electrical fire
R42 - Electrical installations and equipment used underground
or in confined space

It shall be the duty of the occupier of a worksite …to ensure that —

(a) the electricity supply for (b) the electric hand-held tools and
lighting and electric hand-held inspection lamps and lights are
tools is provided by means of a operated at a voltage not exceeding 55
step-down transformer having volts between the conductor and earth
a secondary voltage not
exceeding 110 volts centre
point earthed; and
Comment : Besides electrical safety,
this is to ensure that appropriate class
of light features / tools are used in a
confined space environment to
prevent electrical fire/explosion
MISCELLANEOUS
Offence
statutory duty
stakeholder

141. Any person who contravenes


any provision of these Regulations
which imposes a duty
on him shall be guilty of an offence
and shall be liable on conviction to
a fine not exceeding $20,000 or to
imprisonment for a term not
exceeding 2 years or to both
For offences where no penalty is
expressly provided in the legislation …
Statutory Duty
To ensure the electrical installation /
equipment is of good construction,
sound material and free from defects
and is used and maintained in such
manner so that it is safe to use
The Law
WORKPLACE SAFETY AND HEALTH
ACT
(CHAPTER 354A, SECTION 65)
WORKPLACE SAFETY AND HEALTH
(GENERAL PROVISIONS)
REGULATIONS
With respect to … Rg 1
WORKPLACE SAFETY AND HEALTH ACT G.N. No. S 134/2006
REGULATORY FRAMEWORK REVISED EDITION 2007
(1st October 2007)
[1st March 2006]
R14 Electrical installation and equipment

It shall be the duty of the occupier of a workplace to ensure that

(1) every electrical installation and (2) all reasonably practicable measures are
electrical equipment in the taken to protect any person against the risks
workplace — of electric shock arising from or in
connection with the use at work of any
electrical installation or equipment in the
(a) is of good construction, sound
workplace
material and free from defects;
and

Comment : This is to ensure that the


(b) is used and maintained in such electrical installation is designed,
manner so that it is safe to use
operated and maintained properly to
ensure safety i.e. no electric shock
and electrical fire risk
R16 Lock-out procedures

(2) to ensure that every person


It shall be the duty of the
carrying out any inspection, cleaning,
occupier of a workplace
repair or maintenance of any plant,
machinery, equipment or electrical
installation in the workplace
(1) to establish and implement lock-out
procedures relating to the inspection,
cleaning, repair or maintenance of any
plant, machinery, equipment or
electrical installation in the workplace is fully instructed on the lock-out
that procedures for that work before
commencing that work

if inadvertently activated or energised,


is liable to cause bodily injury to any
person Comment : There could be electric fire
risk if an electrical installation is
wrongly operated against the safety
SOP e.g. human error in closing an
earthed cable wrongly
(3) In this regulation, “lock-out For illustration only
procedures” means a set of
procedures —

(a) to ensure that all energy


sources to the relevant plant,
machinery, equipment or
electrical installation are
isolated, disconnected or
discharged; and
(b) to prevent any part of the
plant, machinery, equipment or
electrical installation from
being inadvertently activated
or energised
PART V
MISCELLANEOUS
Offence

R45 Any person who contravenes


any provision of these Regulations
which imposes a duty on him for
which no penalty is expressly
provided shall be guilty of an
offence and shall be liable on
conviction to a fine not exceeding
$20,000 or to imprisonment for a
term not exceeding 2 years or to
both
For offences where no penalty is
expressly provided in the legislation …
2
FIRE SAFETY
Regulatory framework
on electrical installation
in respect of electrical fire prevention

An Act to make provisions for fire


safety and for matters connected
therewith.
FIRE SAFETY ACT [8th April 1994 (except Part VI,
(CHAPTER 109A) sections 60 and 62);
(Original Enactment: Act 39 of 1993)
29th April 1994: Part VI, sections 60
REVISED EDITION 2000
(30th December 2000) and 62 ]
Compliance by stakeholders
Occupier
Owner
“occupier” “owner” —

(a) in relation to any premises


in relation to any premises …
... includes any mortgagee in possession and any
the person in occupation of the person for the time being receiving the rent of
premises or having the charge, the premises …and any person whose name is
management or control thereof entered in the Valuation List
and,
(b) in relation to the common property
in relation to any part of …the management corporation having control
any premises … of the building;
the person in occupation or (ba) in relation to the limited common property
having the charge, management
…the subsidiary management corporation having
or control of that part;
control of that limited common property;

(c) in respect of any fire safety measure


includes the occupier or the owner of the
premises in or on which the fire safety measure
is installed or kept;

Statutory Duty
To adopt codes and standards
S55 - Adoption of codes and standards
e.g. SS638, SS538 ?
(1) Any regulations made under S61
may adopt …any code, standard, rule,
specification or provision … (4) Unless otherwise provided in
any regulations made under S61,

in the event that any code,


a) recommended, issued or adopted standard, rule, specification or
by the Enterprise Singapore Board; provision adopted under
subsection (1) is inconsistent with
b) recommended, issued or adopted the Code of Practice for Fire
by any other standards organisation Precautions in Buildings published
or body of any place outside by the Commissioner,
Singapore being an organisation or
body approved by the Commissioner; the Code of Practice for Fire
or Precautions in Buildings shall
c) included in any document issued by prevail
any Government department or
issued by the public authority … Fire Code
Manual/ handbook ?
S56 - General penalties

Any person who is guilty of


an offence under this Act for
which no penalty is
expressly provided shall be
liable on conviction to a fine
not exceeding $10,000 or to
imprisonment for a term not
exceeding 6 months or to
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
For offences where no
penalty is expressly provided in
the legislation …
Fire Code
Code of Practice for Fire Precautions in
Buildings 2018
Published by the Commissioner as amended or
remade from time to time, and includes any code,
standard, rule, specification or provision adopted
under section 55 of Fire Safety Act
CHAPTER 05
Cable installation
ELECTRICAL POWER SUPPLIES
Required to operate during a fire emergency shall be
of fire resistant type (SS 299 Fire Resistant Cables)
Electric motors and control equipment as well
The installation, control as the associated wiring and accessories
and distribution of To have :
wiring of electrical a. High Rupturing Capacity Fuses (HRC) or Moulded
equipment in buildings Case Circuit Breakers (MCCB) installed and be
capable of protecting the cable connections to the
shall be in accordance motor, and of carrying the stalled current of the motor
for a period not less than 75% of the period for which
such a current would cause the motor windings to fail;
b. Any no-volt release mechanism be of the automatic
with SS CP5 and SS CP resetting type to enable motor to start automatically
551 (COP for Earthing) on restoration of supply;
* SS638 (Formerly CP5) is c. Thermal overload trips not permitted; and
now available
d. Magnetic (short circuit) trips permitted in
mechanical ventilation systems serving essential
services
Emergency generator For outdoor emergency generator

As a secondary source of To comply with:


supply, to comply with SS
535 (COP for Installation, Day tank
Operation, Maintenance, - be constructed of steel, of double skin
Performance and construction
Construction - generator enclosure be able to contain any
Requirements of Mains leakage of diesel
Failure Standby
Generating Systems, Alternatively
formerly CP 31) - an internal bund wall be built within the
outdoor emergency generator’s day tank large
enough to contain 100% of the diesel content
- Maximum quantity of diesel 1000 litres
CHAPTER 11
3
ELECTRICITY
regulatory framework
on electrical installation
in respect of electrical fire
prevention
Update on Electricity (Amendment) Act 2018

* Passed in Parliament on 1 Oct 2018


** Read the first time on 10 September 2018.
An Act to amend the Electricity Act (Chapter 89A
of the 2002 Revised Edition).
ELECTRICITY (AMENDMENT) ACT 2018(ACT 42 OF 2018)
ELECTRICITY (AMENDMENT) ACT 2018
(COMMENCEMENT) NOTIFICATION 2019
In exercise of the powers conferred by section 1 of the Electricity
(Amendment) Act 2018, the Minister for Trade and Industry makes the
following Notification:

1. This Notification is the Electricity (Amendment) Act 2018


(Commencement) Notification 2019.

2. The Electricity (Amendment) Act 2018 comes into operation on 3 May


2019.

Made on 29 April 2019.

LEE CHUAN TECK


Permanent Secretary
(Development),
Ministry of Trade and Industry,
Singapore.
S2 of the Electricity Act

“electrical installation” means any “supply installation” means the whole


appliance, wire, fitting or other of any plant or apparatus in an
apparatus placed in, on, over or under installation owned or managed by a
any premises and person for the provision of electricity
(other than electricity used for the
used for
transmission of any communication or
or for purposes incidental to signal) solely for his own use,

including any machine supplying


the conveyance, control or use of
mechanical energy to a generator, with
electricity
all necessary related plant, buildings
supplied or intended to be supplied by and land, supply lines and consuming
an electricity licensee or any other apparatuses, if any;
person, and
includes a supply installation and any
addition, alteration, and repair to an
electrical installation …
But does not include —

(a) any electric line, supply line or


electrical plant —
(i) of a transmission licensee for (c) any appliance, wire, fitting or
the transmission of electricity; or apparatus which is placed in, on, over
(ii) of a generation licensee for the or under any premises owned or
generation of electricity; occupied by a transmission licensee
which is not used for the consumption
of electricity on the premises or solely
(b) any appliance, wire, fitting or for the purposes incidental to the
apparatus connected to and conveyance or control of electricity so
beyond any electrical outlet which consumed;
is installed for the purpose of
connecting electrical appliances,
fittings or apparatuses and at
which fixed wiring terminates; and
Compliance by stakeholders
Occupier
LEW
Licensee of Electrical Installation
LEW
Occupier “licensed” –
“occupier” means the person in (b) in relation to an electrical worker,
occupation of any premises and means a person who holds a valid
includes electrical worker licence permitting him
to perform personally such electrical
the person having the charge, work as is specified in his licence;
management or control of the
premises either on his own “electrical worker” means any person
account whose trade or occupation requires or
includes the personal performance by
or as an agent of another person, him of electrical work or a person who is
but does not include a lodger; otherwise competent or qualified to
perform personally electrical work;
Licensee of Electrical Installation
“electrical worker licence” means a
“electrical or supply installation licence” licence granted by the Authority under
means a licence granted by the section 82;
Authority under section 67;
Statutory Duty
To engage only LEW for electrical work
S82 - Licensing of electrical worker

“(1) An individual must not carry out, or offer or


undertake to carry out, any electrical work
unless —
(a) the individual is a licensed electrical worker; or
(b) the individual acts under the supervision of an

Individual
individual who is a licensed electrical worker
(1A) An individual must not hold himself out
(whether by an advertisement or any other means)

Electrical Worker
Licensed

Individual
as authorised under this Act to carry out any
electrical work, unless the individual is a licensed
electrical worker

Licensed Electrical Worker


Comment: This is to ensure that the electrical
work is properly done by a qualified person or a
person under his supervision so as to comply
with the SS and other legislative requirements,
besides safety, to prevent electrical fire from
happening
(1B) A person must not in the course of business
(whether or not carried on for profit) provide, or
offer or undertake to provide, the carrying out of
any electrical work unless the person ensures that
the work is carried out by —
(a) one or more individuals, each being a licensed
electrical worker; or
(b) one or more individuals acting under the
supervision of one or more individuals, each of
the latter being a licensed electrical worker

(1C) A person must not hold out (whether by an


advertisement or any other means) that the
person is authorised under this Act to provide in
the course of business the carrying out of any
electrical work, unless the person ensures that
the work is carried out by the individuals
mentioned in subsection (1B)(a) or (b)
(1D) An owner or occupier of any
premises who wishes to have any
electrical work carried out at the No false
premises must not knowingly engage
(whether with or without consideration) a
person that is not permitted under
subsection (1) or (1B) to carry out any
electrical work or to provide the carrying
out of any electrical work, as the case
may be.”

(3) Any person who contravenes


subsection (1) “, (1A), (1B), (1C) or (1D)”
shall be guilty of an offence.
(4) …, it shall not be unlawful for —

(a) a person to replace any lamp that


is connected in his own electrical
installation;

(b) a person to replace any fuse in his


own electrical installation similar to
that of a household;

(c) an officer or employee of the


Authority to carry out personally any
electrical work in the course of his
employment or in the discharge of
his duties as such officer or employee;
(d) the Authority to do any act or thing on (5) In subsection (4)(f), a “trained
or in connection with its own electrical
person” means any employee who
installation;
is —
(e) a person, other than an electrical
worker, whose trade or occupation (a) recognised by his employer and
normally includes the performance of
work on any appliance, plant or machinery the licensed electrical worker in charge
driven, or operated by, or incorporating of the relevant electrical installation
any electrical installation, to carry out that
to have the necessary knowledge and
work in the normal course of his trade or
experience to avoid danger; and
occupation or for purposes incidental
thereto, so long as he does not carry out (b) capable of carrying out the work
work on any part or circuit which is, or specified in the written instructions of
may be, connected to a source of the licensed electrical worker
electricity supply; and

(f) a trained person to carry out any work


in accordance with the written instructions
of the licensed electrical worker in charge
of the relevant electrical installation.
Statutory Duty

To make good or remove the defect


in any electrical or supply installation
S75 - Procedure in case of defect in electrical or supply installation

LEW
(1) Every electrical worker
appointed to operate or to be in
charge of or to control any
electrical or supply installation
and
Licensee
every person granted an
electrical or a supply installation
licence

who becomes aware of a defect


in any electrical or supply
installation shall forthwith make
good or remove the defect or
make a report thereon to the
Authority …
Statutory Duty
Not to damage property of electricity licensee
Comment: The law imposes statutory duty on
the person not to remove, destroy or damage
the licensee’s property such as electricity plants
or cables
The removal, destruction or damage of such
electricity plants or cables may cause power
disruption and/or electrical fire due to arcing,
short-circuit or overheating as the case may be
S85 - Damage to property of electricity licensee

“(1) Any person who — shall be guilty of an offence and

shall be liable on conviction to a fine


(a) removes, destroys or damages any
not exceeding $1 million or to
electrical plant or electricity cable
imprisonment for a term not
which is part of a transmission system
exceeding 5 years or to both.”;
that belongs to or that is under the
management or control of an electricity
(5) In any proceedings for an offence
licensee;
under “subsection (1)(a) or (b)” , it
shall be a defence for the person
(b) causes or permits the removal, charged to prove that he took all
destruction or damage of such reasonable precautions and exercised
electrical plant or electricity cable; or all due diligence to avoid the
commission of the offence
(c) ….
(6) ….
Example: Damage to SPPA’s incoming
cable while carrying out A and A works
in a shopping mall
S92 - General penalties S93 - Composition of offences

Any person guilty of an offence (1) The Authority may, in its


under this Act for which no discretion, compound any offence
penalty is expressly provided shall under this Act which is prescribed as
be liable on conviction to a fine a compoundable offence by
not exceeding $10,000 or to collecting from a person reasonably
imprisonment for a term not suspected of having committed the
exceeding 12 months or to both offence a sum not exceeding $3,000
and, in the case of a continuing
offence, to a further fine not (2) The Authority may, with the
exceeding $250 for every day or approval of the Minister, make
part thereof during which the regulations to prescribe the
offence continues after conviction offences which may be
compounded
See also Electricity (Electrical Installations) Regulations
R15 - Cable for concealed wiring in installation
unless he has -
4) No person shall make (a) taken due care to ascertain the existence of
any electricity supply to the premises and the
any alteration to any
location of any concealed wiring within the
premises or carry out or
cause to be carried out any premises;
work which would affect the
(b) taken the necessary precautions to ensure
electrical installation in the
premises in such a manner that the alteration work will not cause any
that damage to the concealed wiring within the
premises; and
the subsequent use of such
electrical installation might (c) checked and verified that the residual
endanger any person or current circuit breaker controlling the electrical
property installation can operate satisfactorily by
switching off and on again the said residual
current circuit breaker at the end of each day’s
Comment : The cable damage
work or alteration to the premises and there is
may cause short circuit which
could lead to electrical fire as no sign of leakage of electricity in the premises
the case may be
Statutory Duty
LEW is to carry out the electrical
work under the Act and
Regulations
The Law

Electricity (Electrical
Workers) Regulations
* Allowed to carry out
Licensed Electrician
enlarged work scope as
per legislation e.g. under Approved load: Not
supervision/instruction, exceeding 45kVA
etc.
Voltage level:1kV and
below

Only LEWs are allowed under their licence to design,


install, repair, maintain, operate, inspect and test
electrical and supply installations
e.g. SS538 e.g.SS638
Licensed Electrical
Licensed Electrical
Technician
Engineer
Approved load:
Not exceeding 150kVA Approved load: No
(Design) limit
Not exceeding 500kVA
Voltage level:
(Operation)
Subject to licence
Voltage level:1kV and below source: EMA conditions
Electricity (Electrical Workers) Regulations

Cancellation, suspension, etc., of (f) is … incapable of carrying


licence out electrical work of the
12.—(1) In addition to any penalty class …;
which may be imposed under these
Regulations, or otherwise, (h) is …unfit to be licensed or
to continue to be licensed as an
if the holder of an electrical worker licence —
electrical worker,
(b) has …contravened any provision of these
Regulations or any condition of …licence
issued to him; the Authority may … —
(i) cancel, refuse to renew or
(c) has committed an offence under the Act …; suspend the licence for such
… period as it thinks fit; or
(ii) …issue ..an electrical worker
licence of another class

R18 – Penalties
Any person who contravenes
regulation 9(1), 10, 12(3) or 15
shall be guilty of an offence and
shall be liable on conviction to a
fine not exceeding $5,000 or to
imprisonment for a term not
exceeding 12 months or to both

R9 - Responsibility of holder of licence


for notices, etc., to be given
R10 - Responsibility of holder of licence
For offences where no penalty is in supervisory capacity
expressly provided in the legislation … R12 - Cancellation, suspension, etc., of
licence
R15 - Production of licence and giving of
information to authorised officer
Statutory Duty

To ensure LEW of the appropriate


class carry out proper maintenance
on the electrical installation
The Law

Electricity (Electrical
R16 - Authority may require use of Installations) Regulations
high-sensitivity residual current
circuit breaker
R17 - Switchboard
R19 - Adequate lighting where
apparatus installed
R12 - Person responsible for electrical installation

1) For the purposes of regulations 16, (2) The person responsible for the
17(2), (4), (8) and (9) and 19, the person electrical installation shall at his own
responsible for the electrical installation expense
shall be as follows: Employ or appoint
(a) for an electrical installation … A licensed electrical worker of the
appropriate class to carry out proper
(i) in the case of an electrical installation
maintenance on the electrical
under the control of
installation
the consumer of electricity supplied
through such electrical installation or e.g. SS538
a licensed electrical worker employed or
appointed by him, So that the electrical installation or
the consumer; or any part thereof can be operated or
used safely and efficiently without
causing any undue interference to
(ii) in any other case, the person having the transmission system
control of the electrical installation; and
i.e. blackout, voltage dip, flashover,
(b) for a supply installation etc. which may lead to electric fire
as the case may be …
The owner of such supply installation
Statutory Duty
To comply with relevant standards
ELECTRICITY (ELECTRICAL
INSTALLATIONS)
REGULATIONS 2004

SS638 (Formerly CP5)


is now available
For offences where no penalty is
expressly provided in the legislation …
See also Electricity Act
S16 Codes of practice

(1) The Authority may issue or approve


one or more codes of practice and other
standards of performance for the From EMA website ->
regulation of activities and conduct in Tx Code, etc.
the electricity industry

(4) Any code of practice issued or
(3) If any provision in any code of
approved by the Authority …shall
practice … is inconsistent with the
be deemed not to be subsidiary
regulations, such provision, to the
legislation
extent of the inconsistency —
shall have effect subject to such
regulations; or (5) … a reference to code of
having regard to such regulations, shall practice shall include a standard
not have effect of performance
Statutory Duty
To obtain licence for use or operation
of electrical or supply installation, etc.
Electricity Act
PART IX
ELECTRICAL AND SUPPLY INSTALLATIONS, CABLE DETECTION WORK AND ELECTRICAL
WORKERS

S67 - Licence required for use or operation of electrical or supply installation, etc.

(1) No person shall — Licensed Electrical / Supply


Installation
(a) use, work or operate or permit to be
used, worked or operated any electrical
or supply installation; or
(b) supply to or for the use of any other
person electricity from any electrical or
supply installation, Comment: This is to ensure the
except under and in accordance with the electrical/Supply installation in service
terms of an electrical or a supply comply with the requirements stated in
installation licence granted by the the licence and is safe to use, and as a
Authority under this section authorising result, besides safety, to prevent
such use, work, operation or supply electrical fire
S71 - Exemption of certain electrical or supply installation

The Authority may … exempt from all


or any of the provisions of this Part —
(a) …
(b) any electrical or supply installation i.e. exempted from the
used exclusively for domestic electrical installation licensing
purposes; and requirement
(c) such other electrical or supply
installations as the Authority may
consider desirable
An electrical installation licence is required …

Use or operate an electrical installation of


approved load exceeding 45 kilo volt
ampere (kVA) for non-domestic purposes
Source:
* Handbook for
Electrical installations in premises used for
Application of Electrical
'hazardous trades', irrespective of their Installation Licence
approved loads e.g. garage for painting
motor vehicle, wood-working or saw- ** Information on Licensing of
milling, petrol stations, paints and Electrical / Supply Installation
petroleum products, etc Licence

Temporary supply where building


operations or works of engineering
construction are being carried out
An electrical installation licence is required …
MCST
Tenants in a building used for non-
domestic purposes who purchase
electricity en bloc through their
landlord / management corporation
strata title (MCST), would have their
respective electrical installations
covered by the electrical installation
licence held by the landlord/MCST

unless they have opted to continue


holding their electrical installation
licences issued to them prior to the
en bloc purchase of electricity
Licensed electrical installation to be inspected and certified fit for
operation by LEW at least once a year

Inspection frequency

Construction worksites Due to site conditions, more wear


At least once a month and tear, etc.

Trade fairs, mini-fairs, festive lightings, etc. Due to accessibility


Daily to public, etc.

Multi-tenanted buildings, condominiums, etc. To prevent


At least once in 6 months communal
electrical services
High voltage installations 6.6kV and above Can be causing danger to
Inspection and maintenance frequency to be shorter public, etc.
worked out by LEW. But, inspection to be at
least once a year To consult
manufacturer on
Others To carry out before equipment
Annually installation licence renewal maintenance
Statutory Duty
Electrical installation licensee
Duties of electrical installation’s licensee

Inform appointed LEW


Appoint LEW of Ensure that electrical
whenever
appropriate class installation is
modifications of
to take charge of inspected by
electrical installation
electrical appointed LEW at
is to be carried out
installation required frequency
and keep copy of
Ensure that inspection report
electrical
installation is Renew electrical
properly installation licence
maintained as e.g. SS538 before expiry date of
recommended by licence
appointed LEW

Ensure that any electrical Keep copy of updated


work is carried out only single-line drawings at
by LEW electrical installation

source: EMA
For information
Source: The newpaper The trapped occupants were rescued and the
fire was eventually extinguished with two
David Sun water jets
Apr 10, 2019 06:00 am Key points Casualty
What happened A teenager, two women, two children and one
SCDF firefighter were sent to hospitals for
The fire occurred at about 3.25pm on
treatment
9 Apr 2019 in a fifth-storey unit at
Block 159 Woodlands Street 13 Investigation
"Preliminary investigation into the cause of
the fire indicated that it started from a PMD,
which was left charging in a bedroom," the
SCDF said
SCDF’s advice
Consistently, the public not to overcharge
batteries of PMDs
The fire, possibly caused by a personal
mobility device, left the fifth-storey They should also
flat gutted - check the PMD for damage and deformities
PHOTO: SCDF/FACEBOOK - ensure that the devices are not charged near
combustible materials or in an escape path
The electrical fire preventive measures
Likely causes of PMD fire
for PMD
- physical damage to the charger By 2021, it is mandatory for all motorised
- overcharging of rechargeable PMDs to conform with UL2272 fire safety
battery standards to improve safety.
- use of an unsuitable charger / *UL- Underwriters Laboratories, a US
battery independent company
- defective electrical circuits
- manufacturing defects of
charger / battery Apart from mechanical and environmental
*all motorised PMDs used on public tests, in terms of electrical tests
paths must be certified to the UL2272 - short circuit
standard from 1 Jan 2021. Retailers - over-charge
will be prohibited from selling non- - over-discharge
UL2272 certified devices from 1 July
- temperature
2019. While existing owners of non-
UL2272 certified motorised PMDs can - dielectric voltage
continue using them on public paths - isolation resistance
until end Dec 2020 - imbalanced charging
Source: Please refer to the latest information on LTA website and the prevailing Active
Mobility Act for details
End of presentation

Disclaimer: All photos, graphics, news reports, etc. used in this presentation are the
property of their respective copyright owners. The content on this PPT is for general
information and educational purposes only, and may or may not reflect the most
current legal developments. It shall not be construed as legal advice nor legal opinion.
The presenter assumes no liability or responsibility for any errors or omissions in the
content of this PPT.

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