PART III | APPLICATIONS FOR APPROVAL, CERTIFICATE OF COMPLIANCE AND RENEWAL OF CERTIFICATE OF COMPLIANCE |
| Application for approval of design and plans |
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 —| (a) | the plans for the fire and rescue management works for the amusement ride prepared by a competent person, accompanied by —| (i) | a notification of the appointment of the competent person and a confirmation of such appointment signed by the competent person; and | | (ii) | 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; |
| | (b) | 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; | | (c) | 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; | | (d) | a risk assessment report for the amusement ride, prepared by the operator in accordance with the guidelines for a risk assessment report, that identifies —| (i) | 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 | | (ii) | 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 |
| | (e) | 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 —| (a) | 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 | | (b) | the proposals and risk assessment report referred to in sub-paragraphs (b) to (e) of paragraph (1) have been duly prepared and submitted. |
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(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 —| (a) | under the supervision of a competent person; and | | (b) | 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. |
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| Application for 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 of Civil Defence may require, together with —| (a) | a certification by a competent person that —| (i) | 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 | | (ii) | the amusement ride complies with the fire safety requirements; |
| | (b) | an emergency response plan for the amusement ride, prepared by the operator in accordance with the guidelines for an emergency response plan; | | (c) | 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 | | (d) | 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 —| (a) | 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; | | (b) | the emergency response plan for the amusement ride satisfies the minimum requirements in the guidelines for an emergency response plan; | | (c) | the company emergency response team for the amusement ride —| (i) | has been appointed, equipped and trained in accordance with the minimum requirements in the guidelines for a company emergency response team; and | | (ii) | 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 |
| | (d) | a fire and rescue coordinator has been appointed in accordance with regulation 11, and is trained to carry out the duties in regulation 12. |
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(3) The holder of an operating permit for an amusement ride shall not make any change to —| (a) | the emergency response plan referred to in paragraph (1)(b); | | (b) | the composition, equipping, training or protocols of the company emergency response team referred to in paragraph (1)(c); | | (c) | the appointment, training or protocols of the fire and rescue coordinator referred to in paragraph (1)(d); or | | (d) | 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. |
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| Renewal of certificate of compliance |
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 —| (a) | 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; | | (b) | be submitted to the Commissioner of Civil Defence in such form and manner as the Commissioner of Civil Defence may require, together with —| (i) | 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; | | (ii) | the emergency response plan for the amusement ride, prepared by the operator in accordance with the guidelines for an emergency response plan; | | (iii) | 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 | | (iv) | 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 |
| | (c) | be accompanied by the appropriate fee specified in the Schedule. |
(2) Upon receipt of an application under paragraph (1) (including an application re-submitted 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 —| (a) | subject to paragraph (3), renew the certificate of compliance —| (i) | in such form or manner as the Commissioner of Civil Defence may determine; and | | (ii) | subject to such conditions as the Commissioner of Civil Defence thinks fit to impose; |
| | (b) | in writing direct the operator, at the operator’s own expense and within the time specified in the direction, to —| (i) | 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); | | (ii) | 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 | | (iii) | re-submit the application for the renewal of the certificate of compliance upon having made such modifications or taken such measures; or |
| | (c) | 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. |
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(3) The Commissioner of Civil Defence shall not renew a certificate of compliance unless the Commissioner of Civil Defence is satisfied that —| (a) | 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; | | (b) | the emergency response plan for the amusement ride satisfies the minimum requirements in the guidelines for an emergency response plan; | | (c) | the company emergency response team for the amusement ride —| (i) | has been appointed, equipped and trained in accordance with the minimum requirements in the guidelines for a company emergency response team; and | | (ii) | 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 |
| | (d) | 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. |
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| (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. |
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| Commissioner of Civil Defence may require information, tests, etc. |
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 —| (a) | 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; | | (b) | 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 and rescue coordinator, or both, as the Commissioner of Civil Defence may specify; and | | (c) | conduct such inspections, tests, drills or exercises in relation to the amusement ride as the Commissioner of Civil Defence may consider necessary. |
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