Singapore Continues To Strengthen Safety Of Amusement Rides
Speech by Ms Grace Fu, Senior Minister of State For National Development and Education on Amusement Rides Safety Bill, Second reading at at Parliamentary Session on 14 February 2011.
Sir, allow me to first set the context for the Bill, and explain the rationale for the new regulatory framework for amusement rides.
Need for Review
The amusement ride industry in Singapore is fairly small, with about 20 companies operating about 60 permanent rides and 40 relocatable rides.
In recent years, the industry has witnessed significant changes with the development of large scale theme parks like Universal Studios Singapore, and the use of larger and more complex relocatable rides like those found at events such as the annual River Hong Bao Carnival.
Today, the Singapore Police Force (SPF) regulates amusement rides through its Public Entertainment Licensing Unit (PELU) under the ambit of the Public Entertainment and Meetings Act (PEMA). Under PEMA, a Public Entertainment Licence is required to operate amusement centres, amusement parks or fun fairs.
SPF seeks the inputs of other agencies such as the Building and Construction Authority (BCA), the Singapore Civil Defence Force (SCDF) and SPRING Singapore before issuing the licence.
Sir, historically, this licensing approach stems from law and order concerns over the operation of these amusement centres or parks. The situation is different today and calls for a review of the licensing approach.
While law and order concerns are still valid, there should be greater emphasis in our regulatory approach to enhance public safety in amusement rides, especially when there are increasingly more complex and sophisticated rides.
The safety of amusement rides covers several dimensions.
These include:
- the design of the supporting structures,
- electrical, mechanical systems and safety harnesses;
- the construction and erection;
- compliance with safe operating procedures;
- regular checks and maintenance;
- and emergency procedures.
Under SPF’s licensing regime, different agencies are responsible for different dimensions of amusement rides safety using different pieces of legislation pertaining to safety. For example, there is the Building Control Act on building safety; the Workplace Safety and Health Act on worker safety; and the Fire Safety Act on fire safety in buildings. These laws do not provide an appropriate framework to tackle the multiple dimensions of amusement ride safety.
With these considerations in mind, my Ministry has jointly reviewed the existing licensing approach with the Ministry of Home Affairs, the Ministry of Manpower, and the Ministry of Trade and Industry. The new regulatory framework will focus primarily on safety as the primary motive for regulating amusement rides. We need a more structured and comprehensive regulatory framework to ensure that rides are designed, installed, operated and maintained according to recognised international safety codes and standards. For the new regulatory approach, the Building and Construction Authority will be the lead agency, and is supported by the SCDF to regulate amusement rides safety.
Key Features of New Regulatory Approach
Let me now briefly touch on the key features of the new regulatory approach and how it differs from the current licensing regime under PEMA. Currently, SPF issues a public entertainment licence and imposes several licensing conditions on the ride operators to be fulfilled in operating the rides. Some of these conditions relate to the safety of the ride while others relate to law and order issues. In terms of safety, the operators must fulfil the licensing conditions which include ensuring that the ride is certified safe for use by a conformity assessment body; that employees are trained and familiar with safety procedures; and that safety and rescue support measures are in place.
In addition, SPF differentiates amusement rides on the basis of whether they are permanent or temporary. For permanent rides such as ‘Enchanted Airways’ and ‘Revenge of the Mummy’ found at Universal Studios Singapore, SPF requires the operator to ensure that the ride is certified safe for use by a Conformity Assessor. Conformity Assessors are third party inspection bodies with technical expertise to provide a comprehensive assessment on amusement ride compliance to safety standards and codes.
For temporary rides such as those found at our pasar malams and carnivals, SPF does not require operators to apply for a licence, provided they meet certain conditions. For instance, the carnival ride equipment has to be certified safe for use by a registered professional engineer. Other conditions include those relating to operating hours; the rides must be operated within a barricaded area; and that there should not be an element of gambling or betting.
We have observed that some of the temporary rides at our pasar malams or carnivals have a rather high risk profile as they move patrons as high as 30 metres above the ground. Some even rotate the patrons through 360 degrees. Other high risk profile rides involve controlled free falls and travel at high speeds.
Under the new regulatory framework, we will be adopting a risk-based approach. We will cease to use the basis of whether rides are temporary or permanent. Instead, rides will be defined on the basis of their risk and safety profile. Rides which have a high risk and safety profile will be classified as “Major Amusement Rides”, to distinguish them from ordinary amusement rides. It is imperative to ensure that rides which are assessed to have a high risk profile are regulated based on a higher level of safety standards. Given the larger scale and higher risk level of some rides today, we will incorporate the use of technical codes comparable with international standards to guide the safety assessment of the design and installation of these rides.
We are also introducing statutory duties and liabilities of stakeholders to ensure proper accountability for safety of rides, and introducing provisions for enforcement, offences and prosecution. I will elaborate on these later.
Let me now describe the key elements of the Bill, which contains a total of 11 parts.
Proposed Scope and Administration of Act
First, on the Scope of the Act. Part 1 of the Bill defines an amusement ride as any mechanised or power-driven device that is designed to carry patrons on a fixed or restricted course, or within a defined area, for the primary purpose of giving patrons amusement, pleasure, thrills or excitement, and is made available for use by the public. Examples of rides that will be regulated under the Act include roller coasters, flume rides, ferris wheels such as the Singapore Flyer, swing devices, carousels and go-karts.
This definition is not intended to cover devices or systems that are designed primarily for transportation purposes such as trams, buses, trains or monorails, whether these are operated within amusement parks or not.
The Bill also provides for the inclusion of amusement rides that do not strictly meet the definition, for example, bungee devices, high water slides and the Jewel Cable Car Ride. We decided to include cable cars as we recognise that it is also operated for amusement although it is primarily a transport device. We also took into consideration the risk profile of the ride. The Bill also allows us to exclude rides like low power, battery-operated rides for children and coin-operated devices.
The administration of the new Act will come under the charge of the BCA’s Commissioner of Amusement Rides Safety to be appointed by the Minister for National Development. The Bill will confer specific powers to the Commissioner to discharge his duties.
Risk and Safety Profile
Clause 2 in Part 1 of the Bill defines rides on the basis of their risk and safety profile. Rides which have a high risk and safety profile will be classified as “major amusement rides”, to distinguish them from ordinary amusement rides. The risk and safety profile will be determined by factors such as the maximum height and acceleration that a patron experiences during the ride.
Clause 2 also defines a Qualified Person (QP) as a person who is registered as a specialist professional engineer in the discipline of amusement ride engineering under the Professional Engineers Act. Conformity Assessors (CAs) are defined as third party inspection bodies with technical expertise to assess rides. As I mentioned earlier, they provide a comprehensive assessment on amusement rides’ compliance to safety standards and codes. CAs may comprise a firm or a team of professionals with the relevant technical expertise. For major rides with a higher risk profile, the Bill requires a QP to appoint and consider the opinion and advice of a CA when discharging his duties under the Act. Rides that are not classified as major rides would just require certification from a QP.
Statutory Duties and Liabilities
To ensure proper accountability for the safety of an amusement ride, the Bill also places certain duties and liabilities on the “Person Responsible” for the ride. Clause 2 defines the “Person Responsible” for an amusement ride as the person who holds the Operating Permit in respect of the amusement ride or, if there is no one holding such a permit for the time being, the person who owns or otherwise has the charge, management or control of the ride.
Another important stakeholder that we have introduced under the Act is the “Ride Manager”. This is the person who is appointed by the operator to oversee, manage and supervise the daily operation and routine maintenance of the ride.
Permits
Sir, I shall now touch on the permits for rides. There will be 3 permits to be issued during various stages of a ride’s life cycle to regulate the installation, modification and operation.
Parts II and IV of the Bill cover the installation of new amusement rides and the major modification of amusement rides. Clauses 5 and 23 prohibit the installation or major modification of a ride without a valid Installation or Modification Permit respectively. Clauses 6 and 24 require the appointment of a QP to review and certify the installation and modification design plans and calculations; safety assessments and tests based on prescribed requirements in the technical codes; and the approval of the Commissioner of Civil Defence for the design and plans of the fire and rescue management system of the ride. These clauses also give the Commissioner of Amusement Rides Safety powers to take enforcement measures to cease installation or modification works that are not authorised by the relevant permits. Clauses 7 and 25 require the holders of the permits to ensure that no installation or modification works are carried out except under the supervision of the QP. Finally, Clauses 12 and 30 set out the duties of the QP relating to the inspection and certification of rides after installation or modification.
Part III of the Bill covers the operation of amusement rides. This part introduces provisions to ensure that rides have been inspected and are certified safe for operation by a QP and, for major rides with the advice of the CA, upon completion of installation or modification. Clause 13 prohibits the operation of an amusement ride without a valid Operating Permit. It also places the fundamental duty on the “Person Responsible” to ensure that rides are in a state of good repair and safe working condition and requires that a “Ride Manager” be appointed to oversee, manage and supervise the daily routine operation and maintenance when rides are in operation. It also requires that the SCDF issue a certificate of compliance relating to the approval and certification of the fire and rescue management system for rides before the Operating Permit is granted. The Commissioner of Amusement Rides Safety is also given powers to take enforcement measures to cease the operation of amusement rides if operators do not comply with the terms of the Operating Permit.
Role of the SCDF
The SCDF will continue to oversee the fire safety and emergency rescue requirements for rides. Part VI of the Bill and Clause 36 contain provisions on the procedures for operators to obtain SCDF’s certificate of compliance.
Relocation of Rides
Part V of the Bill contains provisions regulating the relocation of rides. For rides that can be relocated, the installation requirements would be the same as permanent rides for the first installation. However, when the rides are relocated, we have decided to exercise some flexibility and require inspections and certifications during relocation works by a Qualified Person for major rides and a “Ride Manager” for other rides.
Sir, I wish to reassure Members that the safety of the rides will still be of key concern, and the holder of the Operating Permit will have to give the Commissioner of Amusement Rides Safety notice in writing of the intention to relocate the amusement ride. The Commissioner may impose conditions or give directions relating to the relocation, and if he thinks that the relocated premises are unsafe or unsuitable, he may prohibit the relocation of the ride. The relocation works must also be carried out in accordance with the design and specifications and the proposed installation method, as set out in the original Installation Permit issued for the ride. Sir, we have adopted this pro-business approach, which balances safety and practicality, because we are mindful of the costs involved for some operators to engage a CA or QP, as the case may be, each time their rides are dismantled and reassembled for relocation within Singapore.
Other Provisions – Enforcement, Offences and Prosecution
Parts VIII and IX of the Bill contain provisions relating to enforcement, offences and prosecution. Clause 50 provides the Commissioner with powers to enter and inspect premises to ascertain whether there has been any breach of the Act. It also gives him powers to carry out investigations into any adverse incident that has occurred. Clause 53 provides the Commissioner with powers to order the cessation of operation and all works, and close or require dismantling of rides that are deemed to be in dangerous condition.
The Bill also provides for penalties for breaches of the Act. For example, under Clauses 5, 13 and 23, it will be an offence for any person to install, modify or operate any ride without a valid permit.
Transitional Provisions
Sir, let me now elaborate on the transitional arrangements as outlined in Part XI of the Bill. For existing rides that currently do not have a valid public entertainment licence, the operators will be given a 6-month grace period, while continuing operation, to obtain an Operating Permit.
For existing rides with a valid public entertainment licence, we will recognise the validity of their licences and allow them to continue to operate without an Operating Permit until the expiry date of their licences. However, all existing rides, whether licensed by SPF or not, will have to comply with some key requirements after the 6-month grace period beginning on the commencement of the Bill. These include obtaining SCDF’s certificate of compliance, public liability insurance and appointing a suitably qualified Ride Manager.
While these existing rides may continue to operate without an Operating Permit under the Act during the grace period, the other statutory requirements cited in the Bill such as the reporting of adverse incidents and minor modifications in respect of the ride; the duty to continue to maintain the ride in a safe condition; the application for Modification Permits, penalties for offences, etc. will apply to these rides from the implementation date.
Conclusion
Sir, BCA has studied the regulatory practices in overseas jurisdictions in Hong Kong and the US States of California, Florida and New Jersey. BCA has also held several consultation sessions with stakeholders like ride operators and has conducted training sessions for the Professional Engineers who will certify the safety of the rides.
With a more comprehensive regulatory framework for amusement rides safety in place, there will be a structured regime to ensure proper certification of rides to prescribed codes and standards, allocate responsibilities, and impose penalties to govern the safety of amusement rides. This will further enhance public safety in the daily operations and throughout the life cycle of amusement rides.
Sir, I beg to move.
Topics: 2011, amusement rides, Amusement Rides Safety Bill, Asia, business, Civil Defence Force, codes, economic development, economic growth, Economy, education, Governance, government, investment, moniter, monitor, Ms Grace Fu, national development, news, Operating Permit, Pacific, Parliamentary Session, Public Entertainment and Meetings Act, Public Entertainment Licence, public safety, regulatory framework, rides, River Hong Bao Carnival, SCDF, Singapore, society, SPRING Singapore, standards, Universal Studios Singapore
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