Statute Details
- Title: Fire Safety (Flammable Refrigerants — Exemption) Order 2013
- Act Code: FSA1993-S544-2013
- Legislation Type: Subsidiary legislation (SL)
- Authorising Act: Fire Safety Act (Cap. 109A)
- Enacting Power: Made under section 53 of the Fire Safety Act
- Citation: Fire Safety (Flammable Refrigerants — Exemption) Order 2013
- Commencement: 1 September 2013
- Key Provisions:
- Section 2: Definitions
- Section 3: Exemption from licence requirement for storage/keeping of flammable refrigerants in certain circumstances
- Section 4: Labelling requirements (conditions for suppliers to benefit from the exemption)
- Current Version: Current version as at 27 March 2026 (with amendment noted: S 493/2023 effective 31 December 2021)
What Is This Legislation About?
The Fire Safety (Flammable Refrigerants — Exemption) Order 2013 (“the Order”) is a targeted regulatory instrument under Singapore’s Fire Safety Act. Its central purpose is to create a limited exemption from the Fire Safety Act’s licensing requirement for certain activities involving “flammable refrigerants” used in air-conditioners and refrigerators.
In practical terms, the Order recognises that many air-conditioning and refrigeration systems contain small quantities of flammable substances as cooling agents. Requiring a licence for every instance of storage or keeping of such refrigerants could be disproportionate where the risk is controlled by quantity and use. The Order therefore exempts qualifying storage/keeping from licensing—provided strict conditions are met.
However, the exemption is not “blanket.” It is conditional on (i) the quantity of flammable refrigerant (not more than 150 grams) and (ii) the refrigerant being used in the running of the appliance. For suppliers, the exemption is further conditioned on compliance with detailed labelling requirements designed to inform users and service personnel of flammability risks and safe handling, servicing, and disposal.
What Are the Key Provisions?
1. Definitions (Section 2)
The Order defines key terms to ensure the exemption applies only to the intended equipment and materials. “Air-conditioner” is defined as a self-contained assembly designed to deliver conditioned air to an enclosed space, room or zone, including components such as (a) a hermetically sealed refrigeration prime source for cooling and dehumidification, (b) circulation/cleaning means, and (c) a drain arrangement for condensate. This definition is important because it limits the scope to self-contained units with hermetically sealed refrigeration components.
Similarly, “refrigerator” is defined as a self-contained assembly with hermetically sealed refrigeration components, consisting of a thermally insulated cabinet for storage and cooling of foodstuffs or other material above 0°C, and a vapour compression refrigerating unit arranged to extract heat from within the cabinet. The definition also covers units with one or more freezer compartments. This matters because the exemption is tied to the specific appliance type and design characteristics.
“Flammable refrigerant” is defined broadly as any class of petroleum or flammable material used as a cooling substance in an air-conditioner or refrigerator. The breadth of this definition means that the exemption turns on whether the cooling substance qualifies as “flammable” and whether it is used in the appliance’s running.
Finally, “supplier” is defined as a person who stores or keeps air-conditioners or refrigerators containing flammable refrigerant for use in running the appliance, and who is to supply those appliances to another in the course of trade or business. This definition is crucial for understanding when the labelling conditions apply.
2. The licensing exemption (Section 3)
Section 3 is the operative exemption. It provides that, subject to paragraph 4, the storage or keeping of any flammable refrigerant in any air-conditioner or refrigerator by any person is exempt from the requirement for a licence under section 78 of the Fire Safety Act if two conditions are satisfied:
- Quantity limit: the amount of flammable refrigerant stored or kept in the air-conditioner or refrigerator is not more than 150 grams; and
- Use condition: the flammable refrigerant is used in the running of the air-conditioner or refrigerator.
From a practitioner’s perspective, the key legal effect is that qualifying storage/keeping does not trigger the licensing regime under section 78. The exemption is framed as applying to “storage or keeping” of flammable refrigerants “in” the appliance. That wording suggests the exemption is intended for refrigerant contained within the hermetically sealed system (or at least within the appliance context), rather than for bulk storage or standalone refrigerant handling.
The “used in the running” requirement also indicates that the refrigerant must be part of the appliance’s normal operation. This helps distinguish between refrigerant that is merely present as a component versus refrigerant that is intended to function as the cooling substance during operation.
3. Labelling requirements for suppliers (Section 4)
Section 4 introduces an additional gatekeeping condition for suppliers. The exemption under paragraph 3 applies to a supplier only if, and only if, every air-conditioner or refrigerator stored or kept by the supplier that contains flammable refrigerant and is to be supplied to another in the course of trade or business is labelled in accordance with the requirements in section 4(2) and (3), or under an alternative labelling arrangement approved by the Commissioner in a particular case.
Label placement: Labels must be affixed to and remain affixed to each appliance so as to be clearly visible from three specified areas: (a) the front of the appliance, (b) the user access area, and (c) the repair access area. This is a practical compliance requirement: it anticipates that users and technicians may access different parts of the unit, and the warning must be visible at each relevant access point.
Label content: The labels must contain (a) a triangular warning sign in accordance with ISO standards applicable to flammable material warning labels, stating the name of the flammable refrigerant; and (b) information on flammability risks, safe handling, servicing and disposal of the appliance, in both English and Chinese.
For lawyers advising suppliers, the “if and only if” language is significant. It indicates that partial compliance may jeopardise the exemption. In enforcement terms, this creates a clear evidential pathway: regulators can inspect whether labels are present, visible from the required locations, and contain the required bilingual content and ISO-compliant warning sign.
4. Amendment note (S 493/2023)
The extract indicates that section 3 is amended by S 493/2023 with effect from 31 December 2021. While the provided text does not show the exact amendment mechanics, the practitioner should treat this as a reminder to verify the current wording when advising on compliance timelines, especially if transactions or supply chains span the amendment effective date.
How Is This Legislation Structured?
The Order is short and structured around four provisions:
- Section 1 (Citation and commencement): establishes the name of the Order and its commencement date (1 September 2013).
- Section 2 (Definitions): sets out the meaning of “air-conditioner,” “refrigerator,” “flammable refrigerant,” and “supplier,” which determine the scope of the exemption and labelling obligations.
- Section 3 (Exemption): provides the licensing exemption for storage/keeping of flammable refrigerants in qualifying appliances, subject to the labelling conditions in section 4.
- Section 4 (Labelling requirements): specifies when the exemption applies to suppliers and sets out detailed label placement and content requirements, including an option for an alternative arrangement approved by the Commissioner.
Who Does This Legislation Apply To?
Section 3 applies broadly to “any person” who stores or keeps flammable refrigerants in air-conditioners or refrigerators, provided the quantity and use conditions are met. This can include manufacturers, distributors, retailers, property owners, facility operators, and contractors—depending on how the refrigerant is stored/kept and whether it is within the appliance context.
Section 4, however, is specifically directed at suppliers. The labelling requirements are triggered where the person stores or keeps appliances containing flammable refrigerant for the purpose of supplying them to another in the course of trade or business. If a party is not a “supplier” under the definition, the labelling conditions as written may not apply to them for purposes of the exemption—though other obligations under the Fire Safety Act or related regulations could still be relevant.
Why Is This Legislation Important?
Although the Order is narrow in scope, it has meaningful compliance and risk-management implications for the refrigeration and air-conditioning sector. The exemption reduces regulatory burden by removing the need for a licence under section 78 for qualifying storage/keeping. This is particularly relevant for businesses that handle appliances as part of normal commercial operations (e.g., warehousing, distribution, and retail supply).
At the same time, the Order’s conditions reflect a clear policy trade-off: licensing is avoided only where the risk is controlled by quantity (≤ 150 grams) and by the refrigerant being used in normal operation. For suppliers, the labelling regime ensures that downstream users and service personnel are alerted to flammability risks and know how to handle, service, and dispose of the appliance safely.
From an enforcement and litigation perspective, the labelling requirements are likely to be the most scrutinised elements. The “clearly visible” placement requirements and the bilingual content obligations create objective compliance criteria. Practitioners should therefore advise clients to maintain documentation demonstrating the refrigerant quantity per unit, the intended use in running the appliance, and the labelling compliance (including ISO triangular warning sign conformity and language requirements).
Related Legislation
- Fire Safety Act (Cap. 109A) — particularly the licensing requirement under section 78 and the enabling provision under section 53
Source Documents
This article provides an overview of the Fire Safety (Flammable Refrigerants — Exemption) Order 2013 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.