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
- Citation: Fire Safety (Pipelines — Exemption) Order 2014
- Commencement: Deemed to have come into operation on 1 March 2014
- Current Status: Current version as at 27 March 2026
- Key Provisions: Sections 2–7 (definitions and 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 a set of exemptions from certain fire-safety approval and licensing requirements for specified categories of gas pipeline works and pipeline conveyance activities.
Under the Fire Safety Act, pipeline-related fire safety obligations typically include (i) approval of plans for fire safety works, (ii) obtaining a fire safety certificate after completion of works, and (iii) licensing requirements for conveying gas through pipelines. The Order does not remove fire-safety oversight entirely. Instead, it replaces some formal approval/certification steps with a mechanism of confirmation by the Commissioner (under the Act) that fire safety risks will remain within acceptable limits.
The Order is also designed to reflect practical differences between pipeline types and locations. For example, it provides additional exemptions for submarine pipelines and certain offshore gas pipelines, recognising that public access and the nature of the works may justify a different regulatory pathway—again, while still requiring risk information where confirmation is sought.
What Are the Key Provisions?
1. Definitions and scope (Section 2)
The Order adopts definitions from the Gas Act 2001 for key terms such as “gas”, “gas transporter”, “gas pipeline”, “gas transmission pipeline”, and “internal pipe”. 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 is important: the exemptions are not for all fire safety works generally, but specifically for fire safety works tied to gas pipeline construction/alteration/repair.
2. Exemption from approval of plans for gas pipeline works (Section 3)
Section 3 addresses the requirement under section 56(1) of the Fire Safety Act for plans of gas pipeline works to be approved. The exemption depends on the pipeline category:
- Gas transmission pipelines: Any person who commences or carries out gas pipeline works (or for whom such works are to be commenced/carrried out) is exempt from plan approval if, before commencement, the person has obtained confirmation from the Commissioner that fire safety risks associated with conveyance of gas through the relevant gas transmission pipeline—when the works are completed—will be within acceptable limits.
- Gas pipelines (not transmission): Plan approval is exempted without the “acceptable limits” confirmation requirement stated in the excerpt for transmission pipelines. (The text provides the exemption for gas pipelines other than transmission pipelines, and for internal pipes connected to such pipelines, from the plan approval requirement under section 56(1).)
- Internal pipes connected to gas pipelines: Similar exemption from plan approval under section 56(1) is provided for internal pipe works connected to pipelines owned/managed/controlled by a gas transporter or exempt gas transporter.
Practical effect: For transmission pipeline works, the Commissioner’s confirmation becomes the gatekeeping step. For non-transmission pipelines and internal pipes, the Order removes the plan approval requirement altogether (as reflected in the amended text).
3. Exemption from fire safety certificates for completed gas pipeline works (Section 4)
Section 4 deals with the requirement under section 60 of the Fire Safety Act to obtain a fire safety certificate in respect of completed gas pipeline works. Again, the exemption is structured by pipeline type:
- Gas transmission pipelines: The person for whom the works are carried out and completed is exempt from the fire safety certificate requirement if, upon completion, the person obtains the confirmation referred to in section 3(1).
- Gas pipelines (not transmission): Exempt from the fire safety certificate requirement.
- Internal pipes: Exempt from the fire safety certificate requirement.
Practical effect: The Order shifts the compliance focus away from post-completion certification for the specified categories, replacing it (for transmission pipelines) with the confirmation mechanism.
4. Exemption from pipeline licence requirements (Section 5)
Section 5 addresses the licensing requirement under section 82 of the Fire Safety Act for conveying gas through pipelines. The key points are:
- Gas transmission pipelines: A pipeline owner who conveys or allows conveyance of gas through a gas transmission pipeline is exempt from the licence requirement if, before conveying/allowing conveyance, the pipeline owner has confirmation from the Commissioner that fire safety risks associated with conveyance through that pipeline will be within acceptable limits.
- Change control / cessation of exemption (Section 5(2)): 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 such change, the relevant party obtains further Commissioner confirmation that risks remain within acceptable limits with the change.
- Gas pipelines (not transmission): The pipeline owner is exempt from the licence requirement for conveying gas through such pipelines.
- Internal pipes: The pipeline owner is exempt from the licence requirement for conveying gas through internal pipes connected to relevant gas pipelines.
Practical effect: For transmission pipelines, the exemption is conditional and dynamic. It is not a one-off permission; it requires ongoing compliance with the “acceptable limits” confirmation approach when changes occur that could increase risk.
5. Quantitative risk assessment support for Commissioner confirmation (Section 6)
Section 6 is critical for practitioners because it explains what must accompany a request for confirmation under sections 3(1), 4(1), or 5(1) and (2). The Commissioner may require information, including:
- a quantitative risk assessment report, or
- other risk analysis report on fire safety risks associated with conveyance of gas 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. This provision effectively sets a technical evidentiary standard: the exemption pathway is supported by risk analysis, potentially quantitative, and the qualification of the preparer is subject to the Commissioner’s assessment.
6. Exemption for submarine pipelines and certain offshore scenarios (Section 7)
Section 7 provides additional exemptions from plan approval and fire safety certificates for “relevant pipeline works” involving:
- Submarine pipelines;
- Relevant pipelines connected to submarine pipelines and located at places to which the public does not have access;
- Offshore gas pipelines owned/managed/controlled by a gas transporter or exempt gas transporter.
For these categories, persons commencing/carrying out relevant pipeline works are exempt from the plan approval requirement under section 56(1), and persons for whom such works are completed are exempt from the fire safety certificate requirement under section 60.
Note on the excerpt: The provided text truncates at the end of Section 7(3). However, the visible structure indicates that the Order also addresses licensing exemptions for conveying petroleum or flammable materials through certain submarine/offshore-connected pipelines. Practitioners should consult the full text to confirm the precise scope and conditions of any licensing exemption in the remainder of Section 7.
How Is This Legislation Structured?
The Order is short and operational. It follows a standard subsidiary legislation format:
- Section 1 sets the citation and commencement date.
- Section 2 provides definitions by reference to the Gas Act 2001 and defines “gas pipeline works”.
- Sections 3–5 create exemptions from three main Fire Safety Act requirements: plan approval, fire safety certificates, and pipeline licensing—primarily for gas transmission pipelines (with Commissioner confirmation) and more broadly for non-transmission pipelines and internal pipes.
- Section 6 sets the evidentiary basis for Commissioner confirmation requests, including quantitative risk assessment.
- Section 7 adds exemptions for submarine/offshore pipeline works and (based on the excerpt) may extend to certain conveyance licensing scenarios for petroleum or flammable materials.
Who Does This Legislation Apply To?
The Order applies to “any person” who commences or carries out specified gas pipeline works, and to pipeline owners and gas transporters/exempt gas transporters who convey or allow conveyance of gas through specified pipeline categories. In practice, this typically includes pipeline owners, gas transporters, contractors performing fire safety works, and project sponsors who arrange for such works to be carried out.
For transmission pipeline activities, the Commissioner confirmation requirement makes the Order particularly relevant to parties that can obtain and present risk assessment evidence—often requiring coordination between engineering teams, fire safety consultants, and regulatory affairs. For non-transmission pipelines and internal pipes, the exemption is broader (at least as reflected in the amended provisions), reducing the need for the plan approval and certificate steps.
Why Is This Legislation Important?
This Order is important because it provides a regulatory “exemption pathway” that can materially affect project timelines, compliance costs, and documentation burdens for pipeline construction/alteration/repair and conveyance operations. Instead of requiring plan approval and fire safety certificates for the specified works, the Order allows certain activities to proceed without those formal steps—subject, for transmission pipelines, to Commissioner confirmation based on acceptable risk levels.
From an enforcement and risk perspective, the Order also introduces a form of conditional regulatory oversight. The “acceptable limits” confirmation requirement for transmission pipelines, coupled with the cessation of exemption upon risk-increasing changes, means that parties must manage not only the initial works but also subsequent operational changes. Practitioners should treat Section 5(2) as a compliance trigger: if process/system/procedure changes could increase fire safety risk, fresh confirmation is required before the change is implemented.
Finally, Section 6’s emphasis on quantitative risk assessment (or other risk analysis) underscores that the exemption is evidence-driven. Lawyers advising pipeline owners and gas transporters should ensure that risk assessment reports are prepared by suitably qualified persons (as assessed by the Commissioner) and that the information submitted is sufficient to support the Commissioner’s “acceptable limits” determination.
Related Legislation
- Fire Safety Act (Cap. 109A) — in particular sections on plan approval, fire safety certificates, and pipeline licensing (notably sections 56(1), 60, 82, and the authorising power in section 53)
- Gas Act 2001 — definitions of “gas”, “gas transporter”, “gas pipeline”, “gas transmission pipeline”, and “internal pipe”
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.