Statute Details
- Title: Fire Safety (Pipelines — Exemption) Order 2014
- Act Code: FSA1993-S292-2014
- Legislative Type: Subsidiary legislation (SL)
- Authorising Act: Fire Safety Act (Cap. 109A), section 53
- Commencement: Deemed to have come into operation on 1 March 2014
- Current Version: Current version as at 27 March 2026
- Key Provisions: Sections 2–7 (definitions; exemptions from plan approval, fire safety certificates, and pipeline licences; quantitative risk assessment support; submarine/offshore pipeline exemptions)
- Notable Amendment: Amended by S 493/2023 with effect from 31 December 2021
What Is This Legislation About?
The Fire Safety (Pipelines — Exemption) Order 2014 (“the Order”) is a targeted regulatory instrument made under the Fire Safety Act. In plain terms, it creates exemptions for certain gas pipeline works and pipeline conveyance activities from some of the Fire Safety Act’s procedural requirements—specifically requirements relating to approval of plans, obtaining fire safety certificates, and obtaining pipeline licences.
The Order does not remove fire safety oversight altogether. Instead, it replaces some of the usual approval/certification steps with a confirmation mechanism by the Commissioner (under the Fire Safety Act framework). Where the Commissioner is satisfied that fire safety risks associated with the conveyance of gas (and the relevant works) will be within acceptable limits, the statutory approvals/certificates/licences may be dispensed with.
Practically, the Order is designed to reduce administrative friction for pipeline operators and contractors while maintaining a risk-based safety check. It is particularly relevant to the gas sector, including gas transmission pipelines, distribution or non-transmission gas pipelines, internal pipes connected to gas pipelines, and certain submarine/offshore pipeline contexts.
What Are the Key Provisions?
Section 1 (Citation and commencement) provides the short title and deems the Order to have come into operation on 1 March 2014. This matters for determining whether the exemptions apply to works and conveyance activities undertaken from that date onward.
Section 2 (Definitions) anchors the Order’s terminology by importing definitions from the Gas Act 2001 for key terms such as “gas”, “gas pipeline”, “gas transmission pipeline”, “internal pipe”, and related transporter categories. It also defines “gas pipeline works” as fire safety works insofar as they relate to the construction, alteration or repair of a gas pipeline or internal pipe. This definition is crucial: the exemptions are tied to “fire safety works” connected to pipeline construction/alteration/repair, not to every conceivable activity around pipelines.
Section 3 (Exemption of gas pipeline works from requirement for approval of plans) is the first major exemption. Under the Fire Safety Act, section 56(1) generally requires plans for fire safety works to be approved. Section 3 provides that certain persons are exempt from that plan-approval requirement if they obtain the Commissioner’s confirmation.
For gas transmission pipeline works (Section 3(1)), the exemption applies where, before commencement, the person has confirmation from the Commissioner that the fire safety risks associated with conveyance through that pipeline—once the works are completed—will be within acceptable limits. This is a forward-looking risk assessment tied to the post-works operational state.
For gas pipelines (not transmission) (Section 3(2)) and for internal pipes connected to gas pipelines (Section 3(3)), the text (as amended) provides exemptions from plan approval without expressly requiring the same “acceptable limits” confirmation language in the provision itself. However, the overall scheme of the Order (including Section 6) indicates that the Commissioner’s confirmation process is central to the exemptions.
Section 4 (Exemption of gas pipeline works from requirement for fire safety certificate) addresses the next procedural step under the Fire Safety Act: section 60 requires a fire safety certificate for completed works. Section 4 provides that persons who have carried out and completed gas pipeline works are exempt from obtaining a fire safety certificate in respect of the completed works, subject to the relevant confirmation requirements.
For gas transmission pipeline works (Section 4(1)), the exemption applies if, upon completion, the person obtains the confirmation referred to in Section 3(1). For non-transmission gas pipelines and internal pipes, the exemption similarly applies (Sections 4(2) and 4(3)). The practitioner takeaway is that the Order shifts the compliance focus from “certificate after works” to “Commissioner confirmation” (and, for transmission pipelines, ensuring the confirmation is obtained in the manner contemplated by Section 3(1)).
Section 5 (Exemption of gas pipelines from requirement for pipeline licence) is the most operationally significant exemption because it relates to licensing for conveyance. Under the Fire Safety Act, section 82 generally requires a pipeline licence for conveyance activities. Section 5 exempts certain pipeline owners from that licensing requirement.
For gas transmission pipelines (Section 5(1)), a pipeline owner who conveys or allows conveyance of gas through the pipeline is exempt if, before conveying (or allowing conveyance), the pipeline owner obtains confirmation from the Commissioner that fire safety risks associated with such conveyance will be within acceptable limits.
Section 5(2) introduces an important change-control condition: the exemption ceases to apply if the pipeline owner, gas transporter, or exempt gas transporter permits any change to a process, system, procedure, or other circumstances that may increase fire safety risks—unless, before the change is effected, the relevant party obtains fresh Commissioner confirmation that risks remain within acceptable limits. This is a critical compliance point for operators: even if the initial confirmation was obtained, subsequent operational changes may trigger loss of exemption and therefore reintroduce licensing requirements.
Sections 5(3) and (4) extend exemptions to conveyance through gas pipelines (not transmission) and through internal pipes, respectively, without the same explicit “acceptable limits” confirmation language in those sub-paragraphs. Nonetheless, the overall risk-based architecture of the Order suggests that the Commissioner’s confirmation framework remains the practical gateway for exemption compliance.
Section 6 (Requirement for quantitative risk assessment report, etc.) explains what supports the Commissioner’s confirmation request. A request for confirmation under Sections 3(1), 4(1), or 5(1) or (2) must be supported by information the Commissioner may require, including a quantitative risk assessment report or other risk analysis report on fire safety risks associated with conveyance through the gas transmission pipeline. The report must be prepared by a person who, in the Commissioner’s opinion, is qualified to give such a report.
For practitioners, Section 6 is the compliance engine. It signals that exemptions are not automatic; they depend on evidence—often quantitative—and on the competence of the risk assessor. In disputes or enforcement contexts, the adequacy of the risk assessment and the qualifications of the preparer may be central.
Section 7 (Exemption of submarine pipelines, etc.) extends the exemption concept to certain higher-risk or logistically complex pipeline settings. It provides exemptions from plan approval (section 56(1)) and fire safety certificate requirements (section 60) for “relevant pipeline works” involving:
- submarine pipelines;
- pipelines connected to submarine pipelines located at places to which the public does not have access; and
- offshore gas pipelines owned/managed/controlled by a gas transporter or exempt gas transporter.
Sections 7(1) and (2) exempt the relevant persons from plan approval and fire safety certificates for those works. The excerpt provided also indicates further licensing-related exemptions for conveyance of petroleum or flammable materials through certain pipelines, but the text is truncated. Even so, the structure makes clear that Section 7 is intended to tailor exemptions to submarine/offshore contexts where the Fire Safety Act’s general procedural requirements may be impractical or where risk assessment and alternative oversight mechanisms are more appropriate.
How Is This Legislation Structured?
The Order is structured as a short, seven-section instrument:
- Section 1 sets out citation and commencement.
- Section 2 provides definitions by reference to the Gas Act 2001 and defines “gas pipeline works”.
- Sections 3 and 4 create exemptions from plan approval and fire safety certificates for gas pipeline works, with a confirmation mechanism for transmission pipelines.
- Section 5 creates exemptions from pipeline licensing for conveyance, including a key condition that the exemption can cease if changes increase risk without fresh confirmation.
- Section 6 sets out the evidentiary basis for the Commissioner’s confirmation (including quantitative risk assessment).
- Section 7 extends exemptions to submarine/offshore pipeline works and related conveyance contexts.
Who Does This Legislation Apply To?
The Order applies to “any person” who commences or carries out gas pipeline works, or for whom such works are to be commenced or carried out, in specified pipeline contexts. It also applies to pipeline owners who convey or allow conveyance of gas through specified pipelines.
In addition, the exemptions are linked to pipelines owned by or under the management or control of a gas transporter or an exempt gas transporter. Accordingly, the practical scope is concentrated on regulated pipeline operators and their contractors/agents involved in construction, alteration, or repair works that qualify as “gas pipeline works” under the Order.
Why Is This Legislation Important?
This Order is important because it provides a risk-based compliance pathway for pipeline projects. Instead of requiring the full suite of plan approval and certification steps for certain pipeline works and conveyance activities, the regime allows exemptions where the Commissioner is satisfied—based on supporting evidence—that fire safety risks are within acceptable limits.
For legal practitioners advising pipeline owners, gas transporters, contractors, or project teams, the key value lies in understanding (i) what triggers the exemptions, (ii) what evidence is required, and (iii) what operational changes can affect exemption status. Section 5(2) in particular creates a continuing compliance obligation: exemptions are not “set and forget”. If process/system/procedure changes may increase fire safety risks, fresh confirmation is required before the change is implemented.
From an enforcement perspective, Section 6’s quantitative risk assessment requirement means that documentation quality and assessor competence can become pivotal. Where a regulator challenges whether risks were within acceptable limits, the risk assessment report and the basis for the Commissioner’s confirmation will likely be scrutinised. Advisers should therefore treat the confirmation process as a legally significant step, not merely an administrative formality.
Related Legislation
- Fire Safety Act (Cap. 109A) (notably sections 53, 56(1), 60, and 82)
- Gas Act 2001 (definitions of “gas”, “gas pipeline”, “gas transmission pipeline”, “internal pipe”, and transporter categories)
Source Documents
This article provides an overview of the Fire Safety (Pipelines — Exemption) Order 2014 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.