PART 2 Duties of accredited
certification bodies |
4.—(1) An accredited certification body must maintain a register in which is recorded the information specified in the Second Schedule in relation to each certificate that the accredited certification body issues on or after 14 September 2020.| (2) The register required by paragraph (1) must be in the form that the Commissioner requires. |
| (3) Subject to paragraph (5), where there is a change in the status of any certificate issued by an accredited certification body, the accredited certification body must, no later than 5 working days after the date of the change, amend the relevant record in the register mentioned in paragraph (1) to state that change. |
| (4) An accredited certification body must keep and retain each record made under paragraph (1) for the retention period. |
(5) An accredited certification body must not terminate a certificate that is —| (a) | suspended; or | | (b) | issued in respect of a regulated fire safety product that the accredited certification body knows is the subject of investigations for any offence under the Act. |
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| (6) Where an accredited certification body knows or has reason to believe that a regulated fire safety product to which a certificate issued by the accredited certification body relates was manufactured by a person or in a location not mentioned in the application for the certificate, the accredited certification body must state, in the relevant record in the register, that it knows or has reason to believe that the regulated fire safety product was manufactured by a person or in a location not mentioned in the application for the certificate. |
| (7) An accredited certification body that, without reasonable excuse, contravenes paragraph (1), (2), (3), (4), (5) or (6) shall be guilty of an offence and 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. |
(8) In this regulation, “retention period”, in relation to a record required by paragraph (1), means the period —| (a) | starting the date of issue of the certificate in relation to which the record is kept; and | | (b) | ending on (and including) the date that is 10 years after —| (i) | the termination, withdrawal or expiry of the certificate; or | | (ii) | where one or more renewed certificates are issued in relation to that certificate, the termination, withdrawal or expiry of the last renewed certificate issued. |
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5.—(1) An accredited certification body conducting a post‑certification test of a regulated fire safety product commits an offence if the accredited certification body does not take all reasonable measures to ensure that the sample of the regulated fire safety product presented to the accredited certification body for the post‑certification test is the same sample that is sent to an accredited laboratory for that testing.| (2) An accredited certification body that is guilty of an offence under paragraph (1) 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. |
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| Representations of compliance |
6.—(1) This regulation applies only in relation to a regulated fire safety product that is to be or is installed as part of any fire safety works.(2) An accredited certification body must not —| (a) | issue a representation of compliance for a regulated fire safety product in respect of which there is no valid certificate; | | (b) | issue a representation of compliance for a regulated fire safety product if the holder of a certificate for that product did not submit or cause to be submitted to the accredited certification body documentary evidence of the location (including the address) that the holder declares the regulated fire safety product is or will be installed; or | | (c) | issue a representation of compliance for a regulated fire safety product to an individual who is not —| (i) | the holder of a certificate issued by the accredited certification body for the regulated fire safety product; | | (ii) | the local representative of the holder of a certificate who is not a Singapore person; or | | (iii) | an individual authorised by the holder in sub‑paragraph (i). |
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(3) An accredited certification body must maintain a register in which is recorded the following information about each representation of compliance for a regulated fire safety product that the accredited certification body issues on or after 14 September 2020:| (a) | the serial number or reference number on the representation of compliance; | | (b) | any other reference number used by the accredited certification body to identify the representation of compliance, which may include the reference number of a request form; | | (c) | the number of the certificate relating to that regulated fire safety product; | | (d) | the brand and model of the regulated fire safety product; | | (e) | the date the representation of compliance is issued; | | (f) | the name and designation (if applicable) of the individual to whom the representation of compliance is issued; | | (g) | the location where the regulated fire safety product is installed. |
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| (4) An accredited certification body must keep and retain each record contained in the register mentioned in paragraph (3) for the retention period. |
| (5) An accredited certification body that, without reasonable excuse, contravenes paragraph (2), (3) or (4) shall be guilty of an offence and 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. |
(6) In this regulation, “retention period”, in relation to a record required by paragraph (3), means the period —| (a) | starting the date of issue of the representation of compliance in relation to which the record is kept; and | | (b) | ending on (and including) the date that is 10 years after —| (i) | the termination, withdrawal or expiry of the certificate mentioned in paragraph (3)(c); or | | (ii) | where one or more renewed certificates are issued in relation to that certificate, the termination, withdrawal or expiry of the last renewed certificate issued. |
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| Duty to inspect where serial labels issued |
7.—(1) An accredited certification body that has issued 2 or more serial labels in a surveillance year for a regulated fire safety product must carry out inspections as follows:| (a) | the accredited certification body must verify that the correct serial label is affixed to each regulated fire safety product inspected, and that the regulated fire safety product is installed at the location declared by the certificate holder under regulation 6(2)(b); | | (b) | subject to sub-paragraph (c), where the regulated fire safety products in respect of which serial labels have been issued are installed in 2 or more buildings, the accredited certification body must inspect at least one regulated fire safety product in each building; | | (c) | where the accredited certification body has issued in a surveillance year the number of labels specified in the first column of the Third Schedule, the accredited certification body must complete inspecting the corresponding number of regulated fire safety products specified in the second column of that Schedule, no later than 3 months after the expiry of the surveillance year. |
| (2) An accredited certification body that, without reasonable excuse, contravenes paragraph (1) shall be guilty of an offence and 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. |
(3) In this regulation, “surveillance year”, in relation to a regulated fire safety product, means —| (a) | for a regulated fire safety product that was certified before 14 September 2020, the period starting 14 September 2020 and ending on the day before the next anniversary of the issuance of the certificate in respect of the regulated fire safety product; or | | (b) | for a regulated fire safety product that is certified on or after 14 September 2020, the period of 12 months starting the date that the certificate is issued in respect of the regulated fire safety product, |
| and every subsequent period of 12 months (or shorter if the certificate expires, or is terminated or cancelled, in any of those periods). |
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| Keeping and submission of records |
8.—(1) Every accredited certification body that has, on or after 14 September 2020, issued a certificate relating to a regulated fire safety product must keep and retain the following records for the retention period:| (a) | a copy of the certificate (including the appendices, if any) relating to that product; | | (b) | the application for certification or renewal of certification and all accompanying documents submitted by the applicant; | | (c) | all test reports submitted to the accredited certification body in relation to any post-certification test conducted for the regulated fire safety product; | | (d) | all correspondence between the holder of the certificate and the accredited certification body on matters relating to that post-certification test mentioned in sub‑paragraph (c). |
| (2) Where a document mentioned in paragraph (1)(a), (b), (c) or (d) is submitted to the accredited certification body in colour, the accredited certification body must keep a colour copy of that document. |
(3) Every accredited certification body must, before the end of each month, submit the following to the Commissioner:| (a) | a copy of every certificate (including the appendices, if any) issued by the body during the month immediately preceding; | | (b) | any record mentioned in regulations 4(1) and 6(3) made by the body during the month immediately preceding. |
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| (4) An accredited certification body that, without reasonable excuse, contravenes paragraph (1), (2) or (3) shall be guilty of an offence and 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. |
(5) In this regulation, “retention period”, in relation to a record required by paragraph (1), means the period —| (a) | starting the date of issue of the certificate in relation to which the record is kept; and | | (b) | ending on (and including) the date that is 10 years after —| (i) | the termination, withdrawal or expiry of the certificate; or | | (ii) | where one or more renewed certificates are issued in relation to that certificate, the termination, withdrawal or expiry of the last renewed certificate issued. |
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