Statute Details
- Title: Fire Safety (Marine Fire-fighting Fees) Regulations 2013
- Act Code: FSA1993-S543-2013
- Type: Subsidiary Legislation (SL)
- Authorising Act: Fire Safety Act (Cap. 109A)
- Enacting power: Section 61 of the Fire Safety Act
- Citation: Fire Safety (Marine Fire-fighting Fees) Regulations 2013
- Commencement: 1 September 2013
- Status: Current version as at 27 March 2026
- Key provisions:
- Section 2: Definitions (including “Basic Task Force” and “vessel at risk”)
- Section 3: Commissioner’s discretion to charge marine fire-fighting fees; apportionment; rates; scope of “sea”
- Section 4: Discretion to remit or waive fees
- Section 5: Fees paid to the Consolidated Fund
- Schedules:
- First Schedule: Persons who may be required to pay fees
- Second Schedule: Fees (rates)
- Noted amendments in the timeline:
- SL 543/2013 (1 Sep 2013)
- Amended by S 778/2020 (effective 14 Sep 2020)
- Amended by S 491/2023 (effective 31 Dec 2021)
What Is This Legislation About?
The Fire Safety (Marine Fire-fighting Fees) Regulations 2013 (“Marine Fire-fighting Fees Regulations”) establish a fee regime for the Singapore Civil Defence Force (“SCDF”) when it renders services in response to fires on inland waters or the sea, or when it responds to a request for such services (including where the request is later cancelled). In practical terms, the Regulations allow the Commissioner to recover the costs of SCDF marine fire-fighting operations from specified persons connected to the incident or the vessel.
While the Fire Safety Act provides the overarching regulatory framework for fire safety, these Regulations focus on cost recovery. They do not create new fire-safety duties for ship operators in the way that marine safety regimes might; instead, they address what happens after SCDF intervenes. The Regulations are therefore best understood as a “charging and recovery” instrument: they define who may be charged, the circumstances in which fees may be imposed, the rates to be applied, and the discretion to waive or remit fees.
For lawyers advising shipowners, charterers, vessel managers, insurers, or parties potentially liable for SCDF response costs, the key issues are (i) whether the incident falls within the Regulations’ marine scope, (ii) who qualifies as a “person specified” under the First Schedule, (iii) how fees are calculated under the Second Schedule, and (iv) whether any waiver/remission arguments can be made under Section 4.
What Are the Key Provisions?
Section 1 (Citation and commencement) provides that the Regulations may be cited as the Fire Safety (Marine Fire-fighting Fees) Regulations 2013 and came into operation on 1 September 2013. This matters for determining whether a particular incident occurred after the fee regime took effect.
Section 2 (Definitions) supplies interpretive anchors. Two definitions are particularly relevant to marine operations and fee calculations:
- “Basic Task Force” refers to basic manpower resources deployed for land-based marine fire-fighting, including specified equipment such as two fire motorcycles, a pump ladder, light fire attack vehicles, a breathing apparatus tender, a damage control tender, a combined platform ladder, and an inspection vehicle. This definition signals that SCDF response may involve a structured deployment model, which can affect how fees are computed.
- “vessel at risk” means a vessel at risk of loss or damage from any fire in respect of which SCDF services have been rendered. This definition is important because it ties the fee-charging framework to the existence of a vessel threatened by fire and SCDF’s involvement.
Although the extract does not reproduce the full fee schedule, these definitions indicate that the Regulations likely distinguish between different operational scenarios and the level of risk or deployment, which in turn affects the applicable rates.
Section 3 (Fees) is the core charging provision. Under Section 3(1), the Commissioner may, at his discretion, charge any person specified in the First Schedule fees for SCDF services rendered in extinguishing fires or protecting life and property in the event of any fire on inland waters or the sea, or in responding to a request for such services (including where the request is subsequently cancelled).
Several practical points follow from this wording:
- Discretionary charging: The Commissioner “may, at his discretion” charge fees. This is not an automatic entitlement to fees in every case; it is a discretionary power. In disputes, the existence of discretion can be relevant to arguments about fairness, consistency, or whether the decision was exercised properly.
- Trigger events: Fees can be charged not only for extinguishing/protecting during an actual fire, but also for responding to a request for services. The inclusion of cancelled requests is significant: it reduces the ability of a requester to avoid fees by arguing that the incident did not ultimately proceed.
- Marine scope: The Regulations cover fires on “inland waters or the sea.” Importantly, Section 3(4) clarifies that the reference to the sea is not restricted to Singapore’s territorial waters. This expands the potential reach to incidents outside territorial waters, provided the SCDF services were rendered in response to a fire on the sea as contemplated by the Regulations.
- Multiple payers and apportionment: Section 3(2) provides that where more than one person may be required to pay fees, the Commissioner may apportion the fees among all or any of those persons. This is a key provision for multi-party vessel arrangements (e.g., owner/charterer/manager/agent) and for incident scenarios involving multiple vessels or multiple responsible parties.
- Rates: Section 3(3) states that fees shall be charged at the rates specified in the Second Schedule. For practitioners, this means the calculation is schedule-driven rather than negotiated ad hoc, though the Commissioner’s discretion may still affect whether fees are charged and how they are apportioned.
Section 4 (Waiver) provides a further discretionary safeguard. The Commissioner may, at his discretion, remit or waive the whole or any part of the fees paid or payable under the Regulations. This provision is often central in practice when parties seek relief due to circumstances such as contributory fault, administrative errors, or humanitarian considerations. However, because the provision is discretionary, the legal strategy typically focuses on presenting a compelling factual basis for remission/waiver rather than relying on a strict entitlement.
Section 5 (Consolidated Fund) requires that all fees collected under the Regulations be paid to the Consolidated Fund. This is a fiscal/administrative provision, but it also signals that the fees are part of public revenue rather than being retained by SCDF or a specific operational budget line.
Schedules (First and Second Schedules) are essential to full legal analysis. The First Schedule identifies the “persons who may be required to pay fees.” While the extract does not list them, the practitioner should obtain the full First Schedule text to determine the precise categories (for example, whether liability attaches to vessel owners, charterers, or other parties). The Second Schedule sets the fee rates. In fee disputes, the Second Schedule is typically where the calculation methodology and rate components are found (e.g., by task force deployment, duration, or risk categories).
How Is This Legislation Structured?
The Regulations are structured as a short set of operative provisions supported by two schedules:
- Part/Sections: The Regulations consist of five sections.
- Section 1 (Citation and commencement)
- Section 2 (Definitions)
- Section 3 (Fees, including discretion, apportionment, rates, and scope of “sea”)
- Section 4 (Waiver/remission)
- Section 5 (Consolidated Fund)
- First Schedule: Identifies the persons who may be required to pay fees.
- Second Schedule: Specifies the fee rates.
For legal work, the schedules are not optional reading. The operative sections rely on them: Section 3(1) refers to persons in the First Schedule, and Section 3(3) refers to rates in the Second Schedule.
Who Does This Legislation Apply To?
The Regulations apply to “any of the persons specified in the First Schedule” when SCDF renders marine fire-fighting or life/property protection services, or responds to a request for such services. The identity of these persons is therefore determinative. Practitioners should treat the First Schedule as the primary gateway to liability analysis.
In addition, the Regulations’ scope is incident-based: they apply to fires on inland waters or the sea, and they also cover SCDF responses to requests (including cancelled requests). The Commissioner’s discretion to apportion fees among multiple potential payers means that liability may be shared across different parties connected to the vessel or incident, depending on how the First Schedule is drafted and how the facts map onto those categories.
Why Is This Legislation Important?
For practitioners, the Marine Fire-fighting Fees Regulations are important because they convert SCDF response activity into a recoverable cost exposure. In marine incidents—particularly those involving vessels, port operations, or incidents at sea—SCDF intervention can be substantial. The Regulations provide a legal mechanism for charging those costs, which can materially affect claims, insurance coverage, and settlement negotiations.
Second, the Regulations contain several features that can drive disputes: (i) the Commissioner’s discretion to charge fees, (ii) the ability to charge for cancelled requests, and (iii) the expanded definition of “sea” beyond territorial waters. These features mean that parties may challenge whether the factual circumstances fall within the Regulations’ triggers, whether the correct persons were identified under the First Schedule, and whether the correct rates and apportionment approach were applied under the Second Schedule.
Third, Section 4’s waiver/remission discretion provides a practical relief pathway. In many cases, parties will not only contest liability but also seek remission/waiver based on the incident context. A lawyer advising on such applications should gather evidence relevant to the Commissioner’s discretion and align submissions with the operational and factual framework implied by the definitions (e.g., “Basic Task Force” deployment and “vessel at risk”).
Related Legislation
- Fire Safety Act (Cap. 109A) — authorising framework; Section 61 provides the power to make these Regulations
- Fire Safety (Marine Fire-fighting Fees) Regulations 2013 — as amended (including amendments effective 14 September 2020 and 31 December 2021)
Source Documents
This article provides an overview of the Fire Safety (Marine Fire-fighting Fees) Regulations 2013 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.