Fire Services Act 1988 (Act 341)
Key Information
Date of Royal Assent: 11 May 1988
Date of publication in the Gazette: 9 June 1988
Latest Amendment (Act A1764): Published in the Gazette 22 May 2025
Source: AGC - Act 265
Enforcer: Fire and Rescue Department of Malaysia
An Act to make necessary provision for the effective and efficient functioning of the Fire and Rescue Department, for the protection of persons and property from fire risks or emergencies and for purposes connected therewith.
PART I – PRELIMINARY
Section 1. Short title and commencement
(1)
This Act may be cited as the Fire Services Act 1988.
(2)
This Act shall come into operation on a date to be appointed by the Minister by notification in the Gazette; and different dates may be appointed for the coming into operation of this Act, or of different provisions of this Act, in Peninsular Malaysia, Sabah and Sarawak respectively.
Section 2. Interpretation
In this Act, unless the context otherwise requires—
“this Act” includes regulations and other subsidiary legislation made under this Act;
“fire-hazard” means—
(a)
any unlawful alteration to any building such as might render escape from any part thereof in the event of a fire materially more difficult or less easy than it would be if the alteration had not been made;
(b)
the overcrowding of any place of public entertainment or public gathering such as might render escape from any part thereof in the event of a fire difficult;
(c)
any removal or absence from any building of any fire-fighting equipment or fire safety installation that is required by law to be provided in the building;
(d)
the presence within or outside any building of any fire-fighting equipment or fire safety installation or any facility, installed in accordance with the requirement of any written law or as required by the Fire and Rescue Department, that is not in efficient working order;
(e)
inadequate means of exit from any part of a building to any place, whether within or outside the building, that provides safety to persons in the event of a fire;
(f)
any other matter or circumstance that materially increases the likelihood of a fire or the danger to life or property that would result from the outbreak of a fire, or that would materially hamper the Fire and Rescue Department in the discharge of its duties in the event of a fire;
“calamity” means an occurrence by which life or property is or is likely to be endangered;
“prescribed” means prescribed by regulations made under this Act;
“Committee” means the Fire Services Department Welfare Fund Committee established under section 48A;
“fire-fighting equipment or fire safety installation” means any equipment or installation for—
(a)
extinguishing, fighting, preventing, or limiting a fire;
(b)
giving warning of a fire;
(c)
providing access to any premises or place or to any part thereof for the purpose of extinguishing, fighting, preventing, or limiting a fire;
(d)
providing emergency power supply in the event of normal power failure;
(e)
providing emergency lighting for purposes of escape from buildings;
(f)
giving direction towards an escape route or place of refuge;
(g)
providing adequate, safe egress for the purpose of evacuation or exit of occupants in the event of fire;
(h)
controlling the spread of smoke resulting from a fire;
“vehicle” has the meaning assigned to it in the Road Transport Act 1987 [Act 333];
“Director General” means the Director General of Fire and Rescue appointed pursuant to subsection 3(2);
“Fund” means the Fire Services Department Welfare Fund established under section 48;
“fire risk analysis report” means a qualitative and quantitative analysis report of potential hazard or special risk of fire which exists in a premises or building and a proposed solution to prevent the hazard or special risk of fire;
“contravention” includes failure to comply, and 'contravene' has a corresponding meaning;
“court” means a court of a Magistrate of the First Class;
“State” includes the Federal Territory;
“notice” means a notice in writing;
“Voluntary Fire Brigade” means a Voluntary Fire Brigade established under section 4B;
“Fire Officer” means a person employed in the Fire and Rescue Department to perform duties in the performance of which he is required or permitted to wear a uniform;
“Auxiliary Fire Officer” means an Auxiliary Fire Officer appointed under section 4;
“Voluntary Fire Officer” means a Voluntary Fire Officer appointed under section 4A;
“Controller” means a Senior Fire Officer appointed as a Controller under section 36A;
“authorized officer” means the Director General and any Fire Officer or Auxiliary Fire Officer authorized by the Director General in writing to act under the provisions of this Act;
“Senior Fire Officer” means a Fire Officer of any rank from and including that of Director General down to and including that of Assistant Fire Superintendent;
“owner” in relation to any premises, means—
(a)
the registered proprietor of the premises;
(b)
if the registered proprietor of the premises cannot be traced, his agent or trustee;
(c)
if the registered proprietor of the premises is dead, his legal personal representative;
(d)
if none of the persons mentioned in paragraphs (a), (b) and (c) exists, the person who for the time being is receiving the rent of the premises, whether on his own account or as an agent or trustee of another person or as a receiver, or who would be receiving the rent if the premises were let;
“Registrar” means the Director General;
“Director” includes a State Director;
“State Director” means a Director of Fire and Rescue appointed for a State pursuant to subsection 3(3);
“fire certificate” means a fire certificate issued by the Director General under subsection 29(4);
“closing order” means an order made under section 13 that prohibits such use of any premises as is specified in the order, the use of which may materially increase the likelihood of a fire or the danger to life or property resulting from the outbreak of a fire in or on the premises or other premises;
“water authority” means any person or body who is authorized or required under any written law to supply water and to levy charges for such supply;
“premises” includes messuages, houses, buildings or part of a building, lands, tenements, easements and hereditaments of any tenure, whether open or enclosed, whether built on or not, whether public or private, and whether maintained or not under statutory authority;
“designated premises” means premises the use, size, or location, of which has been designated under section 27 for the purpose of issuance of a fire certificate;
“special duty” means any duty or service rendered by any Fire Officer, Auxiliary Fire Officer or Voluntary Fire Officer, other than fire-fighting or emergency duties, as authorized by the Director General under section 50;
“vessel” includes every kind of steam or sailing vessel, hulk, junk, boat, sampan or any kind of raft used for the conveyance of persons or things by water or for storage.
PART II – ADMINISTRATION
Section 3. Fire and Rescue Department and its officers
(1)
There shall be a Fire and Rescue Department of the Federation.
(2)
There shall be a Director General of Fire and Rescue and such number of Deputy Directors General of Fire and Rescue, Directors of Fire and Rescue, and other Senior Fire Officers and Fire Officers as may be necessary for the effective and efficient functioning of the Department.
(3)
There shall be a Director of Fire and Rescue for each of the States of Malaysia.
(4)
The appointment of the Director General and of every Deputy Director General and Director shall be notified in the Gazette.
(5)
Every Fire Officer shall be subject to the control and direction of the Director General.
(6)
The ranks of Fire Officers, Auxiliary Fire Officers and Voluntary Fire Officers are as set out in the Second Schedule.
(7)
The Minister may, by order published in the Gazette, amend the Second Schedule.
Section 4. Auxiliary Fire Officers
(1)
The Director General may, with the concurrence of the Minister, appoint such number of Auxiliary Fire Officers for each State on such terms and conditions as may be prescribed.
(1A)
The Director General may promote an Auxiliary Fire Officer.
(2)
Auxiliary Fire Officers shall not be paid any remuneration other than such allowances as the Minister may, with the concurrence of the Minister of Finance, prescribe.
(3)
Auxiliary Fire Officers shall be subject to the immediate control and direction of the respective State Directors.
(4)
An Auxiliary Fire Officer shall be deemed to be a public servant within the meaning of the Penal Code [Act 574].
Section 4A. Voluntary Fire Officers
(1)
The Director General may, with the concurrence of the Minister, appoint such number of Voluntary Fire Officers on such terms and conditions as may be prescribed.
(2)
The Director General may promote a Voluntary Fire Officer.
(3)
The Director General may terminate the appointment made under subsection (1).
(4)
Voluntary Fire Officers shall not be paid any remuneration other than such allowances as the Minister may, with the concurrence of the Minister of Finance, prescribe.
(5)
Voluntary Fire Officers shall be subject to the immediate control and direction of the Director General.
Section 4B. Establishment of Voluntary Fire Brigade
(1)
Voluntary Fire Officer may, in the manner and subject to the conditions as may be prescribed by the Minister, apply to the Registrar to establish a Voluntary Fire Brigade.
(2)
The Registrar may, after considering the application under subsection (1), approve or reject the application.
(3)
The Registrar shall, when approving the application under subsection (2)—
(a)
register the Voluntary Fire Brigade;
(b)
issue a certificate of registration and impose any condition as may be prescribed by the Minister; and
(c)
determine a fire cover to the Voluntary Fire Brigade.
(3A)
The certificate of registration issued under paragraph (3)(b), unless proven to be revoked, shall be conclusive evidence for all purposes that the Voluntary Fire Brigade has been duly registered under this Act.
(3B)
The Voluntary Fire Brigade shall be subject to the control and immediate direction of the Director General.
(4)
For the purpose of this section, “fire cover” means an area where rescue and support is made available in the event of a fire.
Section 4BA. Administration of Voluntary Fire Brigade
(1)
A Voluntary Fire Brigade shall have a constitution in the form as may be determined by the Director General.
(2)
A Voluntary Fire Brigade shall be administered by a committee elected in accordance with the constitution of the Voluntary Fire Brigade.
Section 4BB. Power of Registrar to request for information
The Registrar may request from any Voluntary Fire Brigade any information or document as the Registrar deems necessary in relation to the administration of the Voluntary Fire Brigade in order to satisfy himself that the administration of the Voluntary Fire Brigade is made in accordance with this Act and the standing orders issued under section 7B.
Section 4BC. Provisions applicable to Voluntary Fire Brigade
(1)
The following provisions shall apply to a Voluntary Fire Brigade:
(a)
the movable property of a Voluntary Fire Brigade, if not vested in the trustees, shall be deemed to be vested in the committee of the Voluntary Fire Brigade, and may, in all civil and criminal proceedings, be described as the property of the committee of the Voluntary Fire Brigade;
(b)
the immovable property of a Voluntary Fire Brigade may, if not registered in the name of trustees, notwithstanding the provisions of any written law to the contrary, be registered in the name of the Voluntary Fire Brigade, and all instruments relating to the property shall be valid and effective as if the instruments had been executed by three committee office-bearers of the Voluntary Fire Brigade for the time being, and whose appointments are authenticated by a certificate of the Registrar, and sealed by the Voluntary Fire Brigade;
(c)
a Voluntary Fire Brigade may sue or be sued in the name of such one of any committee office-bearers as shall be declared to the Registrar;
(d)
no suit or proceeding by or against a Voluntary Fire Brigade in any civil court shall abate or discontinue by reason of the person by or against whom the suit or proceeding has been brought or continued, dying or ceasing to fill the character in the name whereof he has sued or been sued, but the same suit or proceeding shall be continued in the name of or against the successor of that person;
(e)
no judgment in any such suit against a Voluntary Fire Brigade shall be put into force against the person or property of the person sued but against the property of the Voluntary Fire Brigade; and
(f)
the application for execution of a judgment shall set forth the judgment, the fact of the party against whom it has been recovered having sued or having been sued, as the case may be, on behalf of the Voluntary Fire Brigade, and shall require to have the judgment enforced against the property of the Voluntary Fire Brigade.
(2)
Any member of a Voluntary Fire Brigade who—
(a)
fails to pay a subscription in accordance with the constitution of the Voluntary Fire Brigade;
(b)
owes money to the Voluntary Fire Brigade;
(c)
takes possession or detains any property of the Voluntary Fire Brigade contrary to the constitution of the Voluntary Fire Brigade; or
(d)
injures or destroys any property of the Voluntary Fire Brigade,
may be sued for the subscription or money or for the damage accruing from that wrongful possession, detention, injury or destruction of property.
(3)
For the purposes of subsection (2), if the member referred to in subsection (2) is successful in that suit and is awarded costs, the member may elect to recover the costs from the person in whose name the suit was brought or from the Voluntary Fire Brigade and, in the latter case, may have execution against the property of the Voluntary Fire Brigade.
Section 4BD. Financial resources of Voluntary Fire Brigade
(1)
A Voluntary Fire Brigade may carry out any activity to obtain financial resources for the Voluntary Fire Brigade provided that the activity shall be consistent with the standing orders issued under section 7B.
(2)
The Director General may, with the approval of the Minister and with the concurrence of the Minister of Finance, provide financial assistance to any Voluntary Fire Brigade.
Section 4BE. Production of information to Registrar by Voluntary Fire Brigade
Every Voluntary Fire Brigade shall produce to the Registrar within sixty days after the holding of its annual general meeting or if no annual general meeting is held, within sixty days after the end of each calendar year—
(a)
a true and complete copy of any amendments to the constitution of the Voluntary Fire Brigade made since the date of registration or the date of the last return;
(b)
a true and complete list of office-bearers and the number of members of the Voluntary Fire Brigade at the date of such return;
(c)
the particulars of the address or the place of business of the Voluntary Fire Brigade;
(d)
the accounts of the last financial year of the Voluntary Fire Brigade together with a balance sheet showing the financial position at the close of the last financial year of the Voluntary Fire Brigade;
(e)
the particulars of the name and address of any society, association or any other body of persons, incorporated or unincorporated, outside Malaysia to which the Voluntary Fire Brigade is in any way collaborated;
(f)
the description of any money or property, any benefit or financial gain received by the Voluntary Fire Brigade from any source outside Malaysia or within Malaysia and other relevant particulars; and
(g)
such other information as the Registrar may require.
Section 4BF. Dispute
(1)
Every Voluntary Fire Brigade shall resolve any dispute arising among its members in accordance with the procedure as may be determined by the Director General.
(2)
If a dispute cannot be resolved in accordance with the procedure as determined under subsection (1), any aggrieved member or the Voluntary Fire Brigade itself may refer the dispute to the Registrar for his decision.
(3)
Any party to the dispute aggrieved by the decision made by the Registrar under subsection (2) may appeal to the Minister and the decision of the Minister shall be final.
Section 4BG. Cancellation of registration of Voluntary Fire Brigade
(1)
Subject to subsection (2), the Registrar may cancel the registration of a Voluntary Fire Brigade which—
(a)
has contravened any provision of this Act or standing orders issued under section 7B;
(b)
has breached any condition of the registration as prescribed by the Minister; or
(c)
has been convicted of an offence under this Act.
(2)
Prior to the registration of a Voluntary Fire Brigade being cancelled under subsection (1), the Registrar shall, by notice in writing, give an opportunity to the Voluntary Fire Brigade to show cause against the cancellation, and pending the decision of the cancellation, the registration of the Voluntary Fire Brigade shall be suspended from the date of receipt of the notice.
(3)
A Voluntary Fire Brigade whose registration is cancelled shall be deemed to have been dissolved and the Voluntary Fire Brigade shall not be entitled to any compensation for any loss caused by the cancellation.
(4)
Any Voluntary Fire Brigade aggrieved by the decision made by the Registrar under subsection (1) may appeal to the Minister and the decision of the Minister shall be final.
Section 4BH. Consequences of cancellation of registration of Voluntary Fire Brigade
(1)
Upon the cancellation of the registration of a Voluntary Fire Brigade by the Registrar, the following consequences shall occur:
(a)
the property of the Voluntary Fire Brigade shall be immediately vested in the Director General of Insolvency;
(b)
the Director General of Insolvency shall proceed to wind up the affairs of the Voluntary Fire Brigade, and after satisfying and providing for all debts and liabilities of the Voluntary Fire Brigade shall pay the surplus assets of the Voluntary Fire Brigade, if any, to the members of the Voluntary Fire Brigade in accordance with the constitution of the Voluntary Fire Brigade; and
(c)
for the purpose of the winding up the affairs of the Voluntary Fire Brigade, the Director General of Insolvency shall have all the powers which are vested in the Director General of Insolvency by any written law relating to bankruptcy for the purpose of the discovery and realization of the property of a debtor, and also such powers as are by any written law relating to companies vested in an official liquidator and all the provisions of the said laws relating to bankruptcy and to the winding up of companies, so far as the provisions relate to the discovery and realization of the property of a debtor and to the winding up of a company, shall apply, mutatis mutandis, to the winding up of the affairs of the Voluntary Fire Brigade under this Act.
(2)
Without prejudice to subsection (1), the Director General of Insolvency may order any party to manage the property of the Voluntary Fire Brigade until the winding up process is completed.
Section 4C. Registrar, Deputy Registrar and Assistant Registrar
(1)
The Registrar shall maintain a register of Voluntary Fire Officers and a register of Voluntary Fire Brigades.
(2)
The register shall contain—
(a)
the names and any other particulars as required by the Registrar of every Voluntary Fire Officer appointed and every Voluntary Fire Brigade registered and their fire cover;
(b)
the names and any other particulars as required by the Registrar of every Voluntary Fire Officer whose appointment has been terminated and every Voluntary Fire Brigade whose registration has been cancelled.
(3)
The Registrar may appoint a Deputy Registrar and such number of Assistant Registrars from amongst the Fire Officers who shall be subject to the direction and control of the Registrar.
(4)
The Registrar shall have the powers and exercise the functions conferred on him by this Act, and in his absence such powers and functions may be exercised by the Deputy Registrar.
(5)
The Deputy Registrar or the Assistant Registrar may exercise all the powers and functions conferred on the Registrar by or under this Act, subject to any restriction that may be imposed by the Registrar.
Section 4D. Appeal
Where an appointment of an Auxiliary Fire Officer or a Voluntary Fire Officer is terminated by the Director General, an appeal may be made to the Minister, as prescribed.
Section 4DA. Establishment of Malaysian Fire Cadet Corps
The Minister may establish a body to be known as the Malaysian Fire Cadet Corps.
Section 4DB. Enrolment into Malaysian Fire Cadet Corps
(1)
Any person may apply to be enrolled into the Malaysian Fire Cadet Corps if—
(a)
subject to the Education Act 1996 [Act 550], he is a pupil who is undergoing full-time education in any educational institution as may be determined by the Minister upon consultation with the Minister charged with the responsibility for education; or
(b)
he is a student—
(i)
who is registered and following a course of study or training whether full-time or part-time in any educational or training institution as may be determined by the Minister upon consultation with the Minister charged with the responsibility for such educational or training institution;
(ii)
who is a Malaysian citizen; and
(iii)
who is below the age of thirty years.
(2)
An application to be enrolled into the Malaysian Fire Cadet Corps shall be made in the form and manner as may be determined by the Director General.
(3)
The Director General may enrol or refuse to enrol any person into the Malaysian Fire Cadet Corps.
(4)
Any person who has been enrolled into the Malaysian Fire Cadet Corps shall not be entitled to any allowance or remuneration.
Section 4DC. Private fire brigade in premises
(1)
The Director General may, on the application of the owner, occupier or person having the overall management of any premises, authorize the establishment of a private fire brigade at the premises.
(2)
Without prejudice to subsection (1), the Director General may order the owner, occupier or person having the overall management of any premises to establish a private fire brigade if the establishment is deemed necessary by the Director General due to the existence of potential hazard or special risk of fire to the premises based on a fire risk analysis report.
(3)
The Director General may impose any condition on the establishment of a private fire brigade and give any order in relation to the performance of duties of the private fire brigade.
(4)
Any person who fails to comply with the conditions imposed or order given by the Director General under subsection (3) commits an offence under this Act.
Section 5. Duties of Fire and Rescue Department
(1)
The duties of the Fire and Rescue Department shall include—
(a)
the taking of lawful measures for—
(i)
extinguishing, fighting, preventing, and controlling fires;
(ii)
protecting life and property in the event of a fire; and
(iii)
determining adequate provision, installation, maintenance and regulation of fire-fighting equipment or fire safety installation in premises;
(iv)
Deleted by Act A1764.
(b)
the making of investigations into the cause, origin, and circumstances of fires;
(c)
performing humanitarian services, including the protection of life and property in any calamity; and
(d)
providing training programmes in relation to matters pertaining to the duties of the Fire and Rescue Department as specified in paragraphs (a), (b) and (c) and any other matters under the responsibility of the Fire and Rescue Department.
(2)
The Fire and Rescue Department may, in addition to its duties under subsection (1), perform such other duties as may be imposed on it by law or as the Minister may direct it to perform.
Section 6. Uniform and identification card
(1)
Every Fire Officer, Auxiliary Fire Officer and Voluntary Fire Officer shall be issued with uniform and rank markings as may be prescribed by the Minister.
(2)
Every Fire Officer and Auxiliary Fire Officer shall be issued with an identification card in the prescribed form.
Section 7. Exercise of powers and performance of duties
(1)
The powers and duties of the Director General under subsections 4(1), 22(1), sections 29, 35A, 46 and 50 may, subject to the control and direction of the Director General, be exercised or performed by a State Director, but the exercise or performance by a State Director of those powers and duties shall be confined to the State for which he is appointed unless the Director General, by notification in the Gazette, extends his jurisdiction generally in respect of those powers and duties or any of them to some other State or States or part thereof.
(2)
Subject to the provisions of subsection (1) and subject to such conditions or restrictions as the Director General thinks fit, the Director General may, in writing, delegate the exercise of any of his powers or the performance of any of his duties under this Act to any Fire Officer, and where the Director General acts under this subsection, he shall specify the territorial limits and the duration of the delegated jurisdiction.
(3)
The exercise of powers or the performance of duties delegated under subsection (2) shall be subject to the control and direction of the Director General.
Section 7A. Conferment of medal or honorary rank
The Director General may determine matters relating to the conferment of medal or honorary rank to any person as he deems fit.
Section 7B. Standing orders
The Director General may issue standing orders for the general control, direction and information of Fire Officers, Auxiliary Fire Officers, Voluntary Fire Officers and Voluntary Fire Brigades under this Act.
Section 7C. Power to issue guidelines
The Director General may issue guidelines as he deems necessary and expedient for the purposes of implementation of the provisions of this Act.
PART III - ABATEMENT OF FIRE-HAZARD
Section 8. Fire-hazard abatement notice
(1)
The Director General, if satisfied of the existence in any premises of any fire-hazard, may serve—
(a)
on the person by reason of whose act, default, or sufferance the fire-hazard arose or continues, if he is the occupier of the premises at the time the notice is to be served;
(b)
if the person by reason of whose act, default, or sufferance the fire-hazard arose or continues is not the occupier of the premises at the time the notice is to be served or is not known, on the owner of the premises;
(c)
if the owner of the premises cannot readily be ascertained or found or is absent from Malaysia, on the occupier of the premises, regardless of whether he is the person by reason of whose act, default, or sufferance the fire-hazard arose or continues,
a fire-hazard abatement notice in Form A in the First Schedule, requiring him to abate the fire-hazard within the period specified in the notice, and to do all such things as may be necessary for that purpose; and the notice may, if the Director General thinks fit, specify any work to be executed for that purpose.
(2)
If the Director General considers that the fire-hazard is likely to recur, he may also, by the fire-hazard abatement notice under subsection (1) or by a subsequent fire-hazard abatement notice in Form B in the First Schedule, require the person on whom the notice is served to do whatever is necessary for preventing the recurrence of the fire-hazard to which the notice relates and, if the Director General thinks it desirable, specify any works to be executed for that purpose; and a notice containing such a requirement may be served notwithstanding that the fire-hazard to which it relates may for the time being have been abated.
Section 9. Power of Director General to abate fire-hazard in vacant or unoccupied premises
Where the premises in which the fire-hazard exists are vacant or unoccupied, the Director General may, by force if necessary, using the means at his disposal, abate the fire-hazard and do whatever is necessary to prevent a recurrence thereof.
Section 10. Offence of failing to comply with fire-hazard abatement notice
Any person who fails to comply with any requirement of a fire-hazard abatement notice served on him pursuant to section 8 within the time specified in the notice, whether or not an order under section 13 has been made in respect of him, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both and shall also be liable to a further fine of one hundred ringgit for each day during which the offence is continued after the conviction.
Section 11. Power of Director General to abate fire-hazard on non-compliance with fire-hazard abatement notice
Where a fire-hazard abatement notice has been served on any person pursuant to section 8, and if that person fails to comply with any of the requirements of the notice within the time specified therein, the Director General may cause to be carried out in the premises such work as appears to him to be necessary to abate the fire-hazard and to prevent a recurrence thereof.
Section 12. Power of Director General to abate fire-hazard in cases of urgency
If the Director General is satisfied that any fire-hazard existing in any premises—
(a)
constitutes an immediate and substantial danger of fire in the premises; or
(b)
is likely, if a fire breaks out in the premises, to increase substantially the risk to life or property that would normally arise in the event of a fire,
the Director General may cause to be carried out in the premises such work as appears to him to be necessary to abate the fire-hazard and to prevent a recurrence thereof.
Section 13. Closing order
(1)
Where a fire-hazard abatement notice has been served on any person, if—
(a)
that person fails to comply with any of the requirements of the notice within the time specified therein; and
(b)
the fire-hazard, although abated since the service of the notice, is, in the opinion of the Director General, likely to recur in the same premises,
and the Director General is of the opinion that it is necessary to prohibit any use of the premises that may materially increase the likelihood of a fire or the danger to life or property resulting from the outbreak of a fire in or on the premises or other premises, the Director General may, by way of a complaint, apply to a court for a closing order.
(2)
Upon receipt of a complaint and an application for a closing order under subsection (1), the court shall serve a notice in Form C in the First Schedule on the owner or occupier of the premises, or on both, calling on them to show cause why a closing order should not be made; and if cause is not shown by either the owner or occupier or both, the court may make such an order.
(3)
A closing order shall be in Form D in the First Schedule and shall be served on both the owner and occupier of the premises in question.
(4)
Upon the application by the owner or occupier of premises, or upon being informed by the Director General, the court, if satisfied that the premises in respect of which a closing order is in force have been rendered suitable for the use specified in the order, may revoke the closing order.
(5)
Any person who without reasonable excuse knowingly contravenes a closing order shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both and shall also be liable to a further fine of one hundred ringgit for each day during which the offence is continued after the conviction.
Section 14. Appeals against closing order or refusal to make closing order
(1)
Any owner or occupier who is dissatisfied with the closing order made under subsection 13(2) may, within ten days of the making of the order, appeal to the High Court.
(2)
Where the court refuses to make a closing order the Director General may, within ten days of the decision of the court, appeal to the High Court against the decision.
(3)
An appeal against a closing order shall not operate as a stay of execution, but the court may, on application and on sufficient cause being shown, grant stay of execution on such terms as it may think fit.
Section 15. Disposal of property removed by Director General
(1)
The Director General, in abating or doing what is necessary to prevent the recurrence of a fire-hazard, may remove any property which would directly cause a fire-hazard.
(2)
Any property removed under subsection (1) may be taken into the custody of the Director General for a period not exceeding seven days within which time the owner shall have the right to claim such property upon payment of expenses incurred by the Director General.
(3)
Upon the failure of the owner to make a claim, the Director General may apply to the court for an order for the sale or disposal of such property.
(4)
The money arising from the sale of any property may be retained by the Director General and applied in payment of the expenses incurred by him in connection with the abatement, or the prevention of the recurrence, of the fire-hazard, and the surplus, if any, shall be paid to the owner of the property.
Section 16. Recovery of expenses incurred in carrying out work under section 11
The expenses incurred by the Director General in carrying out any work under section 11 shall be a debt due to the Government and shall be recoverable in court from the person on whom the fire-hazard abatement notice was served.
Section 17. Recovery of expenses incurred in carrying out work under section 12
(1)
The expenses incurred by the Director General in carrying out any work under section 12 shall be a debt due to the Government and shall be recoverable in a court—
(a)
from the person by reason of whose act, default, or sufferance the fire-hazard arose or continued, if he was the occupier of the premises at the time the work was commenced;
(b)
if the person by reason of whose act, default, or sufferance the fire-hazard arose or continued was not the occupier of the premises at the time the work was commenced or is not known, from the owner of the premises;
(c)
if the owner of the premises cannot readily be ascertained or found or is absent from Malaysia, from the occupier of the premises at the time the work was commenced, regardless of whether he is the person by reason of whose act, default, or sufferance the fire-hazard arose or continued.
(2)
Nothing in this section shall be construed as affecting any right that the person from whom expenses may be recovered under subsection (1) may have to any contribution, indemnity, or damages from any other person.
Section 18. Powers of Fire Officers or Auxiliary Fire Officers on occasion of fire
(1)
On the occasion of a fire, a Fire Officer or an Auxiliary Fire Officer may—
(a)
take such measures as appear to him to be necessary or expedient for the protection of life and property;
(b)
remove any person interfering by his presence or actions with the operations of the Fire and Rescue Department;
(c)
enter, break into or through, and take possession of or demolish, or cause to be taken possession of or demolished, any premises, place, or thing for the purpose of putting an end to the fire, or protecting the premises, place, or thing from the fire, or for rescuing any person or thing;
(d)
close any street near the site of the fire or control the traffic or crowd in any such street;
(e)
use any convenient supply of water;
(f)
remove or direct the transfer of flammable, explosive or hazardous material within or in the vicinity of the premises;
(g)
shut off or disconnect or direct any person having the control thereof to shut off or disconnect any energy supply including gas supply, fuel supply or electricity supply within or in the vicinity of the premises;
(h)
remove, by force if necessary, any vehicles or objects obstructing the operations of the Fire and Rescue Department.
(2)
The powers conferred by subsection (1) may, to such extent as may be necessary, be exercised where a fire is reasonably believed to have broken out or to have occurred.
(3)
For the purpose of paragraph (1)(e), no payment shall be imposed by any person or water authority on the Fire and Rescue Department for the use of water in carrying out their duties under this Act.
Section 18A. Power to obtain information
(1)
For the purpose of paragraph 5(1)(b), a Fire Officer may, by notice in writing served on a person, require the person—
(a)
to provide all information relating to the fire;
(b)
to appear before a Fire Officer to give an oral statement and a Fire Officer shall, as soon as practicable, reduce the oral statement in writing.
(2)
Any person who fails to comply with subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit.
Section 19. Powers of Fire Officers in emergencies not involving fire
On the occasion of an emergency not involving fire or the risk of fire, the powers referred to in section 18 shall be exercised by any Fire Officer if he is of the opinion that lives or property are in imminent danger.
Section 20. Protection of Fire Officers, Auxiliary Fire Officers and Voluntary Fire Officers
No Fire Officer, Auxiliary Fire Officer or Voluntary Fire Officer acting in good faith under powers conferred by this Act shall be liable to any action for damages for any act done or omitted to be done by him in connection with his duties on the occasion of a fire or any calamity.
Section 21. Loss by fire to include damage resulting from fire-fighting
Any damage or loss suffered in consequence of any action taken or thing done by a Fire Officer, Auxiliary Fire Officer or Voluntary Fire Officer in the exercise of his powers or the performance of his duties on the occasion of a fire, in order to put an end to the fire or to check its progress, shall, notwithstanding the terms of any contract of insurance against fire or the provisions of any law, be regarded as loss by fire for the purposes of the contract.
PART IV – WATER AND FIRE HYDRANTS
Section 22. Storage of water in premises for fire-fighting purposes
(1)
The Director General may, for the purpose of ensuring that there is adequate storage of water at suitable locations on the premises, issue such directions to any person in control, or the owner, of such premises, to provide facilities and water supply for fire-fighting purposes:
Provided that this subsection shall not apply to a water authority.
(2)
Any direction issued under subsection (1) shall be made in writing and shall be binding on the person to whom the direction is given.
(3)
Any person who fails to comply with any direction given under subsection (1) shall be guilty of an offence.
Section 23. Notice of works affecting fire hydrants
(1)
No person, other than a water authority and its agents, shall commence or carry out, or authorize or direct the commencement or carrying out of, any works that affect any fire hydrant or the flow of water to it unless written notice of the proposals or intention to carry out such works had been given by him to the appropriate State Director at least seven days before the works are commenced:
Provided that in cases of emergency, where it is not practicable for the notice to be given within the requisite time, this provision shall be deemed to have been complied with if the notice is given as soon as possible after the event.
(2)
All fire hydrants shall be rendered in good working condition upon the completion of any works carried out by any person under subsection (1).
(3)
Any works in or around the vicinity of a fire hydrant affecting access to the fire hydrant, the position of the fire hydrant in relation to the existing edge of the road, or alignment of the outlet to the level of the road, shall be deemed to be works affecting a fire hydrant.
(4)
Any person who contravenes subsection (1) or (2) shall be guilty of an offence.
Section 24. Duty of water authority to notify the State Director of any action affecting the flow of water to a fire hydrant
Where a water authority decides to take any action or do any act or carry out any work that will or is likely to reduce or stop the flow of water to any fire hydrant, it shall be the duty of the water authority to notify the appropriate State Director in writing of such decision as soon as possible after it is made.
Section 25. Power to fix fire hydrant location plates
(1)
Upon giving seven days’ notice in writing to the owner of any property situated in the vicinity of a fire hydrant, the Director General may cause a plate indicating the location of the fire hydrant to be fixed to such part of the property as, in the opinion of the Director General, is best suited to indicate such location.
(2)
Any person who refuses to allow the fixing of any such plate as is referred to in subsection (1) or obstructs any person in the course of the fixing thereof or removes or defaces any such plate after it has been fixed shall be guilty of an offence.
Section 26. Concealment and misuse of fire hydrants
Any person who covers up, encloses, or conceals any fire hydrant so as to render its location difficult to ascertain, or tampers with any fire hydrant, or uses a fire hydrant other than for fire fighting purposes shall be guilty of an offence.
PART V – FIRE CERTIFICATE
Section 27. Power of Director General to determine and designate particular uses, size, or location, of premises
(1)
The Director General may by order published in the Gazette determine and designate particular uses, size, or location, of premises for the purpose of issuance of a fire certificate under this Act.
(2)
Where a part of any premises constitutes designated premises any other part of the said premises shall be treated as forming part of the designated premises.
Section 27A. Fire safety organization in designated premises
(1)
The owner, occupier or person having the overall management of the designated premises shall establish a fire safety organization.
(2)
Any owner, occupier or person having the overall management of the designated premises who fails to comply with subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both.
Section 28. Requirement of fire certificate
(1)
Every designated premises shall require a fire certificate.
(2)
A fire certificate shall be renewable annually.
(3)
Subsection (1) shall not apply to premises appropriated to, and used solely or mainly for, public religious worship, or premises consisting of or comprised in a house that is occupied as a single private dwelling:
Provided that if in the opinion of the Director General there exists in the premises mentioned in this subsection any fire-hazard, the Director General may require such premises to be subject to periodic inspection and any necessary direction may be issued to the owner of such premises for due compliance of the provisions of this Act.
Section 29. Application for, and issue of, fire certificate
(1)
An application for a fire certificate in respect of any designated premises shall be made to the Director General in the prescribed form.
(2)
On receipt of an application for a fire certificate in respect of any designated premises the Director General may require the applicant, within a specified time, to furnish him with such plans of the premises and any other relevant particulars as he may specify.
(3)
If the applicant fails to furnish the required plans and the relevant particulars within the specified time, the application shall be deemed to have been withdrawn.
(4)
Where an application for a fire certificate has been duly made, the Director General shall cause to be carried out an inspection of the designated premises, and on being satisfied that there exists adequate fire-fighting equipment or fire safety installation in relation to the use of the designated premises, the Director General shall issue a fire certificate in respect of the premises subject to such conditions as he thinks fit to impose or which may be prescribed.
(5)
Where the Director General, after causing to be carried out under subsection (4) an inspection of the relevant premises, is not satisfied that there exists such adequate fire-fighting equipment or fire safety installation in relation to the use of the designated premises as aforesaid, he shall, by notice served on the applicant, inform him of the requirements to be complied with within a specified time before the fire certificate can be issued to the applicant.
(6)
In this section, “applicant” means the owner, occupier or the person having the overall management of the designated premises.
Section 30. Form of fire certificate
Every fire certificate issued in respect of any designated premises shall be in the prescribed form.
Section 31. Prescribing of fees for the issue of fire certificate
The Minister may prescribe the fees payable for the issue of a fire certificate and the charges for the inspection of any designated premises for which the certificate is issued.
Section 32. Change of conditions affecting adequacy of fire-fighting equipment or fire safety installation
(1)
So long as a fire certificate is in force in respect of any premises, the Director General may cause any part of the relevant premises to be inspected at any reasonable time for the purposes of ascertaining whether there has been a change of conditions by reason of which the fire-fighting equipment or fire safety installation have become inadequate in relation to any use of the premises covered by the certificate.
(2)
Where the occupier of any designated premises proposes to make a material change to the premises while a fire certificate is in force in respect thereof, he shall, before the carrying out of the proposals is begun, give notice of the proposals to the Director General; and if the carrying out of the proposals is begun without such notice having been given the occupier shall be guilty of an offence.
(3)
If the Director General is satisfied, as regards any premises with respect to which a notice under subsection (2) has been given to him, that the carrying out of the proposals notified would result in any of the fire-fighting equipment or fire safety installation mentioned in subsection (1) becoming inadequate in relation to any use of the premises covered by the relevant fire certificate, the Director General may by notice served on the occupier inform him of the steps that would have to be taken to prevent the fire-fighting equipment or fire safety installation in question from becoming inadequate in the event of the proposals being carried out, and if those steps are duly taken in connection with the carrying out of the proposals, the Director General shall amend the fire certificate or, on the payment of the prescribed fee, issue a new one.
(4)
If the Director General is satisfied, as regards any premises with respect to which a fire certificate is in force, that any of the fire-fighting equipment or fire safety installation mentioned in subsection (1) have, in consequence of a change of conditions, become inadequate in relation to any use of the premises covered by the certificate, the Director General may by notice served on the occupier—
(a)
inform him of that fact and direct him to take such steps as the Director General considers appropriate to make the fire-fighting equipment or fire safety installation in question adequate;
(b)
notify him that if those steps are not taken, the fire certificate may be cancelled,
and if those steps are duly taken shall, if necessary, amend the fire certificate or, on the payment of the prescribed fee, issue a new one.
(5)
Any person who fails to comply with the direction given by the Director General under paragraph (4)(a) shall be guilty of an offence.
Section 33. Offence in relation to fire certificate
Where there is no fire certificate in force in respect of any designated premises the owner of the premises shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both.
Section 34. Rights of appeal
Any person who is aggrieved—
(a)
by the refusal of the Director General to issue a fire certificate under subsection 29(4);
(b)
by the conditions imposed by the Director General on a fire certificate issued to him; or
(c)
by any decision made by the Director General under subsection 32 (3) or (4),
may, within twenty-one days of the notification of such refusal or decision, appeal in writing to the Minister, whose decision thereon shall be final.
Section 35. Court’s power to prohibit or restrict use of certain premises
(1)
If the Director General is satisfied with regard to any premises, whether designated or not, that the risk to persons or property in case of fire is so serious that, until steps have been taken to reduce the risk to a reasonable level, the use of the premises ought to be prohibited or restricted, the Director General may, by way of a complaint, apply to a court for a prohibitory order.
(2)
Upon receipt of a complaint and an application for a prohibitory order under subsection (1), the court shall serve a notice in Form E in the First Schedule on the owner or occupier of the premises, or on both, calling on them to show cause why a prohibitory order should not be made; and if cause is not shown by either the owner or occupier or both, the court may make such an order prohibiting or restricting the use of the said premises.
(3)
A prohibitory order shall be in Form F in the First Schedule and shall be served on both the owner and occupier of the premises in question.
(4)
Upon the application by the owner or occupier of the premises for revocation of the prohibitory order or upon being informed by the Director General that the risks have been reduced to a reasonable level, the court, if satisfied that the premises in respect of which a prohibitory order is in force would not pose any serious risk to person or property in case of fire, may revoke the prohibitory order.
(5)
Any person who without reasonable excuse knowingly contravenes a prohibitory order shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both and shall also be liable to a further fine of one hundred ringgit for each day during which the offence is continued after the conviction.
Section 35A. Power of Director General to order activity to cease in cases of urgency
(1)
Notwithstanding any of the provisions of this Act, where the Director General is satisfied that—
(a)
any continued activity in any premises would constitute an immediate danger of fire prejudicial to the safety of life or property; and
(b)
the delay in applying for and obtaining a prohibitory order under subsection 35(2) would substantially increase the risk to such life or property,
he may, by order, direct the owner or occupier of the premises to cease such activity.
(2)
An order to cease activity shall be in Form G and shall be served on both the owner and occupier of the premises.
(3)
Any person who fails to comply with an order of the Director General made under subsection (1) shall be guilty of an offence.
Section 35B. Appeal against order of Director General to cease activity
(1)
An owner or occupier who is dissatisfied with an order to cease activity made by the Director General under subsection 35A(1) may, within ten days of the making of the order, appeal to the High Court.
(2)
An appeal against an order to cease activity shall not operate as a stay of execution, but the court may, on application and on sufficient cause being shown, grant a stay of execution on such terms as it may think fit.
Section 36. Appeals against prohibitory order or refusal to make prohibitory order
(1)
Any owner or occupier who is dissatisfied with the prohibitory order made under subsection 35(2) may, within ten days of the making of the order, appeal to the High Court.
(2)
Where the court refuses to make a prohibitory order the Director General may, within ten days of the decision of the court, appeal to the High Court.
(3)
An appeal against a prohibitory order shall not operate as a stay of execution, but the court may, on application and on sufficient cause being shown, grant stay of execution on such terms as it may think fit.
PART VA - FIRE SAFETY CONSULTANT, FIRE SAFETY CONSULTANT FIRM, COMPETENT PERSON, FIRE SAFETY CONTRACTOR, TRAINING PROVIDER AND INSTRUCTOR
Section 36A. Appointment of Controller
The Director General may appoint a Controller from amongst Senior Fire Officers which shall have the following functions:
(a)
decides on any application made under this Part and Part VB;
(b)
issues certificate of registration under this Part and certificate under Part VB; and
(c)
keeps and maintains a register of—
(i)
fire safety consultant and fire safety consultant firm;
(ii)
competent person and fire safety contractor;
(iii)
training provider and instructor; and
(iv)
fire-fighting equipment or fire safety installation prescribed by the Minister to be registered.
Section 36B. Register
The Register under paragraph 36A(c) shall be kept in any form and shall contain any particulars as may be determined by the Director General.
Section 36C. Requirement for registration of fire safety consultant and fire safety consultant firm
No person shall prepare a fire risk analysis report unless the person is registered as a fire safety consultant or fire safety consultant firm, as the case may be, under this Part.
Section 36D. Requirement for registration of competent person and fire safety contractor
(1)
No person shall install, test, service, recharge or repair any fire-fighting equipment or fire safety installation prescribed by the Minister to be registered, unless that person is registered as a competent person in accordance with the category as may be prescribed or as a fire safety contractor, as the case may be, under this Part.
(2)
Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Section 36E. Requirement for registration of training provider and instructor
(1)
No person shall carry out any training in relation to the matters specified in the Third Schedule unless that person is registered as a training provider or instructor, as the case may be, under this Part.
(2)
Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit.
(3)
The Minister may, by order published in the Gazette, amend the Third Schedule.
Section 36F. Qualification for registration as fire safety consultant, fire safety consultant firm, etc.
Any person may apply to be registered as fire safety consultant, fire safety consultant firm, competent person, fire safety contractor, training provider or instructor if that person fulfils the conditions as may be prescribed.
Section 36G. Application for registration as fire safety consultant, fire safety consultant firm, etc.
(1)
An application for registration as a fire safety consultant, fire safety consultant firm, competent person, fire safety contractor, training provider or instructor, as the case may be, may be made to the Controller—
(a)
in the manner as may be determined by the Director General;
(b)
by producing any document or information as may be determined by the Director General; and
(c)
by paying the prescribed fee.
(2)
The Controller may, in writing, at any time after the receipt of an application under subsection (1) and before the application is determined, require the applicant to provide the Controller any additional document or information within the period specified by the Controller.
(3)
If the applicant fails to comply with the requirements under subsection (2), the application for registration shall be deemed to be withdrawn without affecting the right of the applicant to make a new application.
(4)
After considering the application under subsection (1), the Controller may—
(a)
approve the application and issue to the applicant, upon payment of the prescribed fee, a certificate of registration in the form as may be determined by the Director General; or
(b)
refuse the application by stating the grounds for the refusal.
(5)
A certificate of registration issued under this section is valid for a period as specified in the certificate of registration.
Section 36H. Renewal of certificate of registration
(1)
Any person who holds a certificate of registration issued under paragraph 36G(4)(a) may, in the manner as may be determined by the Director General, apply to renew the certificate of registration at least thirty days before the date of expiry of the certificate of registration.
(2)
The application under subsection (1) may be made—
(a)
by producing any information, particulars or document as may be determined by the Director General; and
(b)
by paying the prescribed fee.
(3)
The Controller may, in writing, at any time after the receipt of an application under subsection (1) and before the application is determined, require the applicant to provide the Controller any additional document or information within the period specified by the Controller.
(4)
If the applicant fails to comply with the requirements under subsection (3), the application for renewal of certificate of registration shall be deemed to be withdrawn without affecting the right of the applicant to make a new application.
(5)
After considering the application under subsection (1), the Controller may—
(a)
approve the application and renew the certificate of registration upon payment of the prescribed fee; or
(b)
refuse the application by stating the grounds for the refusal.
Section 36I. Revocation of certificate of registration
(1)
Subject to subsection (2), the Controller may revoke the certificate of registration issued under paragraph 36G(4)(a) if the Controller is satisfied that the fire safety consultant, fire safety consultant firm, competent person, fire safety contractor, training provider or instructor—
(a)
has contravened any provision of this Act;
(b)
has breached any condition of the certificate of registration; or
(c)
has been convicted of an offence under this Act.
(2)
The Controller shall, before revoking the certificate of registration under subsection (1), give an opportunity to the fire safety consultant, fire safety consultant firm, competent person, fire safety contractor, training provider or instructor, as the case may be, to make any representation in writing against the revocation.
(3)
Any fire safety consultant, fire safety consultant firm, competent person, fire safety contractor, training provider or instructor whose registration has been revoked under subsection (1) shall not be entitled to claim—
(a)
any compensation for any loss caused by the revocation; and
(b)
any refund of the fee paid under this Part.
Section 36J. Appeal against decision of Controller
Any person aggrieved by the decision of the Controller made under this Part may, within fourteen days after being informed in writing of the decision, appeal to the Director General against the decision in the manner as may be determined by the Director General and the decision of the Director General shall be final.
PART VB - FIRE-FIGHTING EQUIPMENT OR FIRE SAFETY INSTALLATION
Section 36K. Requirement for registration of fire-fighting equipment or fire safety installation
(1)
The Minister may prescribe any fire-fighting equipment or fire safety installation which shall be registered under this Part.
(2)
No fire-fighting equipment or fire safety installation which is prescribed under subsection (1) may be installed or sold for installation by any person, at any premises, unless the fire-fighting equipment or fire safety installation has been registered under this Part.
(3)
Any person who contravenes subsection (2) commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.
Section 36L. Application for registration of fire-fighting equipment or fire safety installation
(1)
An application for registration of a fire-fighting equipment or fire safety installation which is prescribed under section 36K may be made to the Controller—
(a)
in the manner as may be determined by the Director General;
(b)
by producing any document or information as may be determined by the Director General; and
(c)
by paying the prescribed fee.
(2)
The Controller may, in writing, at any time after the receipt of an application under subsection (1) and before the application is determined, require the applicant to provide the Controller any additional document or information, or the sample of the fire-fighting equipment or fire safety installation which is prescribed under section 36K within the period specified by the Controller.
(3)
If the applicant fails to comply with the requirements under subsection (2), the application for registration shall be deemed to be withdrawn without affecting the right of the applicant to make a new application.
(4)
Upon receiving the application under subsection (1), the Controller may inspect or test the fire-fighting equipment or fire safety installation if the Controller thinks fit and necessary to do so.
(5)
After considering the application under subsection (1), the Controller may—
(a)
approve the application and issue to the applicant, upon payment of the prescribed fee, a certificate in the form as may be determined by the Director General; or
(b)
refuse the application by stating the grounds for the refusal.
Section 36M. Revocation and suspension of certificate
(1)
Subject to subsection (2), the Director General may revoke or suspend the certificate issued under paragraph 36L(5)(a) if the Controller is satisfied that the holder of the certificate fails to comply with any condition of the certificate.
(2)
If the certificate is suspended under subsection (1), the Controller may require the holder of the certificate to remedy the contravention or breach within the period as determined by the Controller.
(3)
If the Controller is satisfied that the holder of the certificate fails to remedy the contravention or breach as required under subsection (2), or the contravention or breach continues after the certificate is suspended under subsection (1), the Controller may revoke the certificate.
Section 36N. Appeal against decision of Controller
Any person aggrieved by the decision of the Controller made under this Part may, within fourteen days after being informed in writing of the decision, appeal to the Director General against the decision in the manner as may be determined by the Director General and the decision of the Director General shall be final.
Section 36O. Testing laboratory for fire-fighting equipment or fire safety installation
For the purposes of registration of a fire-fighting equipment or fire safety installation which is prescribed under section 36K, the Director General may issue a list of laboratories for the testing of the fire-fighting equipment or fire safety installation.
PART VI - ENFORCEMENT
Section 37. Enforcement of Act
It shall be the duty of the Director General to enforce the provisions of this Act.
Section 38. Power of entry
An authorized officer may, together with such other persons as the officer thinks necessary, enter any premises for the purpose of—
(a)
ascertaining whether there is, or has been, on or in connection with the premises, any contravention of any provision of this Act;
(b)
obtaining such information concerning the premises as is required for fire-fighting purposes, including the water supplies available to or at the premises and the means of access to such water supplies;
(c)
ascertaining whether there exists any fire-hazard in or affecting the premises;
(d)
making any inquiry which he considers necessary in relation to any matter within the provisions of this Act;
(e)
exercising any power or performing any duty of the Director General under any other written law, for the exercise or performance of which no power of entry is given by such law.
(2)
No private dwelling shall be entered by virtue of this section between the hours of seven in the evening and seven in the morning.
(3)
Before entering any premises by virtue of this section, an authorized officer shall display to the occupant thereof, if any, his identification card and, in the case of an authorized officer other than the Director General, the written authorization of the Director General and it shall be lawful for the occupant of the premises to deny entry to an authorized officer or to eject him from the premises if, on demand by the occupant, he fails or refuses to produce the said identification card, and, as the case may be, authorization.
(4)
An authorized officer shall leave any vacant or unoccupied premises that he has entered by virtue of this section as effectively secured against trespassers as he found them to be at the time of entry.
Section 39. Restriction on disclosure of information
Any person who discloses, otherwise than in the performance of his duty or for the purpose of any legal proceedings, including an arbitration, or for the purpose of a report at any such proceedings, any information obtained by him in relation to any manufacturing process or any trade, in the course of exercising powers conferred upon him by this section shall be guilty of an offence.
Section 40. Power to arrest without warrant
(1)
Any authorized officer may without warrant arrest any person—
(a)
found committing an offence under section 47; or
(b)
whom he reasonably suspects to have committed any other offence under this Act if the person refuses to furnish his name and address or furnishes an address out of Malaysia or there are reasonable grounds for believing that he has furnished a false name and address or that he is likely to abscond.
(2)
Where any person has been arrested pursuant to subsection (1) by an authorized officer, the officer making the arrest shall comply with section 28 of the Criminal Procedure Code [Act 593] as if he were a police officer.
Section 41. Power of investigation
(1)
Any authorized officer shall have the power to investigate the commission of any offence under this Act.
(2)
Every person required by an authorized officer to give information or produce any document or other article relating to the commission of such offence which is in the person’s power to give shall be legally bound to give the information or to produce the document or other article.
Section 42. Power to require attendance of witnesses
(1)
An authorized officer making an investigation under section 41 may by order in writing require the attendance before himself of any person who appears to the officer to be acquainted with the circumstances of the case, and such person shall attend as so required.
(2)
If any such person fails to attend as so required, such officer may report such failure to a Magistrate who may thereupon in his discretion issue a warrant to secure the attendance of such person as required by such order aforesaid.
(3)
A person attending as required under subsection (1) shall be entitled to be paid the reasonable travelling and subsistence expenses incurred by him; and it shall be lawful for the Director General to pay such expenses.
Section 43. Examination of witnesses
(1)
An authorized officer making an investigation under section 41 may examine orally any person supposed to be acquainted with the facts and circumstances of the case.
(2)
Such person shall be bound to answer all questions relating to such case put to him by such officer:
Provided that such person may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture.
(3)
A person making a statement under this section shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to questions.
(4)
An authorized officer examining a person under subsection (1) shall first inform that person of the provisions of subsections (2) and (3).
(5)
A statement made by any person under this section shall, whenever possible, be reduced into writing and signed by the person making it or affixed with his thumb-print, as the case may be, after it has been read to him in the language in which he made it and after he has been given an opportunity to make any corrections he may wish.
Section 44. Prosecution
No prosecution for an offence under this Act shall be instituted except by or with the written consent of the Public Prosecutor.
PART VII - INQUIRIES INTO FIRES
Section 45. Fire Enquiry Commission
(1)
The Minister may appoint any person or persons to form a commission and to hold an inquiry into the cause and circumstances of any fire and the action taken to fight or extinguish the fire and to report on such cause, circumstances, and action and make recommendations, on the basis of the findings in the inquiry, as to the steps to be taken to prevent the outbreak of, and to improve the method of fighting or extinguishing, fires generally.
(2)
Sections 8, 9, 11, 12, 13, 14, 15, 19, 21 and 22 of the Commissions of Enquiry Act 1950 [Act 119] shall, with the necessary modifications and to such extent as may be applicable, apply to an inquiry under subsection (1) and to any person holding the inquiry as if the inquiry and the person were respectively an inquiry and a Commissioner under that Act.
Section 46. Taking possession of premises and other property damaged or destroyed by fire
(1)
Where, as a result of a fire, any premises or part of any premises is rendered uninhabitable, the Director General may, at any time within seven days after the occurrence of the fire, take possession of the premises or part thereof and any other property or thing damaged, or the remains of any other property or thing destroyed, by the fire, and may retain possession of such premises, part, property, or thing for a period not exceeding thirty days after taking possession thereof, unless within that period a person or persons have been appointed to hold an inquiry under section 45, in which case the Director General may continue to retain possession of the premises, part, property or thing until the completion of the inquiry.
(2)
Where possession of any premises or a part of any premises has been taken by the Director General under subsection (1), the Director General may, wherever necessary, cause a barrier or barriers to be put up around the premises or part thereof.
(3)
The Director General shall thereafter post up notices, in such positions that a person approaching the premises or part from any direction will be able to notice one of the notices by the time he reaches any or any part of the barriers, informing the public that possession of the premises or part has been taken by the Fire and Rescue Department and that entry into the premises or part is prohibited.
Section 47. Unauthorized presence in premises possession whereof has been taken under section 46
Any person who, without the permission of a Fire Officer, enters or remains in any premises or part of any premises, possession whereof has been taken by the Director General under section 46, shall be guilty of an offence.
PART VIII - WELFARE FUND
Section 48. Establishment of Fund
(1)
There shall be established a fund to be known as the “Fire Services Department Welfare Fund” which shall be operated as a Trust Account within the Federal Consolidated Fund.
(2)
The Fund shall consist of—
(a)
all fines inflicted upon Fire Officers in any disciplinary proceedings;
(b)
one-half of the sums paid for the services of Fire Officers detailed to do special duty under section 50 and for the use of equipment furnished therefor;
(c)
all sums of moneys and other property offered to Fire Officers and forfeited by an order of court;
(d)
donations or reward offered to the Fund or individual members of the Fire and Rescue Department respectively and accepted by the Director General;
(e)
income arising from the disposal of property or investments purchased or arising from the moneys of the Fund;
(f)
all sums of moneys or benefit derived from the sponsoring of seminars or other events;
(g)
all sums of moneys contributed by the Government.
Section 48A. Fire Services Department Welfare Fund Committee
(1)
There shall be established a Fire Services Department Welfare Fund Committee which shall have the control of the Fund.
(2)
The Committee shall consist of the following members:
(a)
the Director General as Chairman;
(b)
two Senior Fire Officers to be appointed by the Minister;
(c)
two public officers to be appointed by the Minister.
(3)
No meeting of the Committee shall be held in the absence of the Director General.
(4)
The quorum for meetings of the Committee shall be three.
(5)
Subject to this Act, the Committee shall have power to regulate its proceedings.
Section 48B. Moneys for Fund to be raised only with consent
(1)
No person shall carry on any activity to raise moneys for the Fund without the prior written consent of the Committee.
(2)
Any person who contravenes subsection (1) shall be guilty of an offence.
Section 49. Administration and application of Fund
The Fund shall be administered in accordance with regulations made under this Act, and applied—
(a)
in recompensing Fire Officer sand Auxiliary Fire Officers for extra or special services rendered by them;
(b)
for the purpose of—
(i)
procuring comforts, convenience and other benefits, which are not chargeable to public revenue, for Fire Officer, former Fire Officer who have retired on pension, gratuity or other allowance or persons who are partially or wholly depended on the deceased Fire Officer or former Fire Officer at the time of their death; or
(ii)
granting loans to the Fire Officer.
PART IX - MISCELLANEOUS
Section 50. Special duty and expenses thereof
(1)
On the application of any person, the Director General may, if he thinks fit, detail any authorized officer to do special duty in, upon or about any premises, vessel, vehicle, aircraft or any movable structures specified by the applicant and, for that purpose, furnish such equipment as he may deem necessary.
(2)
The applicant shall pay to the Director General for the services of any authorized officer so detailed and for the use of equipment so furnished such fees as may be prescribed.
Section 50A. Personation as Fire Officer, Auxiliary Fire Officer and Voluntary Fire Officer
Any person not being a Fire Officer, Auxiliary Fire Officer or Voluntary Fire Officer who—
(a)
pretends to be a Fire Officer, Auxiliary Fire Officer or Voluntary Fire Officer knowing that he is not;
(b)
falsely personates as a Fire Officer, Auxiliary Fire Officer or Voluntary Fire Officer;
(c)
in such assumed character does or attempts to do any act under colour of being a Fire Officer, Auxiliary Fire Officer or Voluntary Fire Officer; or
(d)
misuses the name, logo, special mark or any other mark of the Fire Officer, Auxiliary Fire Officer or Voluntary Fire Officer,
commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Section 51. Interfering with Fire Officers, Auxiliary Fire Officer or Voluntary Fire Officer in execution of his duty
Any person who wilfully abuses, assaults, disturbs, hinders, obstructs, or interferes with any Fire Officer, Auxiliary Fire Officer or Voluntary Fire Officer acting in the execution of his duty or any other person assisting the Fire and Rescue Department under specific directions of a Fire Officer shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both.
Section 52. Failure to comply with direction
Any person who fails to comply with any direction given by an authorized officer carrying out his duty under this Act shall be guilty of an offence.
Section 53. Unauthorized wearing of uniform
Any person who, not being a Fire Officer, Auxiliary Fire Officer or Voluntary Fire Officer, wears without the permission of the Director General any uniform of the Fire and Rescue Department or any dress which bears the distinctive marks of, or which is likely to be mistaken for, any such uniform shall be guilty of an offence.
Section 54. Falsification of documents, false statements, etc.
Any person who—
(a)
with intent to deceive, makes or forges a fire certificate or has in his possession an unauthorized fire certificate;
(b)
on the application of a fire certificate, makes any statement or gives any information that he knows to be false in a material particular or recklessly makes any statement or gives any information that is so false;
(c)
in purported compliance with any obligation to give information under this Act, gives any information that he knows to be false in a material particular or recklessly gives any information that is so false;
(d)
makes in any register, book, notice, or other document required under this Act to be kept, served, or given, any entry that he knows to be false in a material particular
shall be guilty of an offence.
Section 55. Offences in respect of fire alarm
Any person who damages, conceals, activates or deactivates any fire alarm without reasonable excuse shall be guilty of an offence.
Section 56. Giving of false report of fire
Any person who wilfully gives or causes to be given a false report of fire or other calamity shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Section 57. Offences by body corporate
(1)
Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary, or other similar officer of the body corporate, or any person purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence.
(2)
Where the affairs of a body corporate are managed by its members, this subsection shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Section 58. General penalty
Any person guilty of an offence under this Act for which no penalty is expressly provided shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Section 58A. Jurisdiction to try offences
Notwithstanding any written law to the contrary, a court of a First Class Magistrate shall have jurisdiction to try any offence under this Act and to impose punishment under this Act for any such offence.
Section 59. Compounding of offences
(1)
The Director General or any Fire Officer authorized by him in writing may, with the written consent of the Public Prosecutor, compound any offence, which is prescribed to be a compoundable offence, by accepting from the person reasonably suspected of having committed such offence a sum of money not exceeding one thousand ringgit:
Provided that the Director General or the officer so authorized shall not exercise his powers under this section unless that person in writing admits that he has committed the offence and requests the Director General or such officer to deal with the offence under this section.
(2)
On the payment of such sum of money the person reasonably suspected of having committed an offence, if in custody, shall be released and no further proceedings shall be taken against such person.
Section 60. Power to apply Act to vessels and movable structures
The provisions of this Act shall apply, subject to such modifications as may be prescribed, to—
(a)
vessels remaining moored or on dry land for such periods or in such circumstances as may be prescribed;
(aa)
vehicle; and
(b)
tents and other movable structures.
Section 61. Service of notices and other documents
(1)
A notice or other document may be served on a person or body for the purpose of this Act—
(a)
by delivering the notice or document to the person;
(b)
by delivering the notice or document—
(i)
at the person’s usual or last known abode or place of business, to his servant or an adult member of his family;
(ii)
at the body’s registered office or usual or last known place of business, to its servant or agent;
(c)
by leaving the notice or document in a cover addressed to the person or body—
(i)
at the person’s usual or last known abode or place of business;
(ii)
at the body’s registered office or usual or last known place of business;
(d)
by sending the notice or document by prepaid registered post to the person or body—
(i)
at the person’s usual or last known abode or place of business;
(ii)
at the body’s registered office or usual or last known place of business.
(2)
If the name or the address of any owner or occupier of premises on whom any such notice or other document as aforesaid is to be served cannot after reasonable inquiry be ascertained by the person seeking to serve it, the notice or document may be served by addressing it to the person on whom it is to be served by the description of “owner” or “occupier” of the premises (describing them) to which the notice or document relates, and by delivering it to some responsible person resident or appearing to be resident on the premises, or, if there is no such person to whom it can be delivered, by affixing it or a copy of it to some conspicuous part of the premises.
(3)
A notice or document served by prepaid registered post under paragraph (1)(d) shall be deemed to have been served at the time when the letter containing the notice or document would be delivered in the ordinary course of post; and it shall be sufficient proof of service that the letter was properly addressed in accordance with that paragraph and placed in the post; but where the letter is returned through the post undelivered, the notice or document shall not be deemed to have been served.
(4)
In this section, “body” includes a body corporate or partnership.
Section 61A. Duty to inform upon an outbreak of fire
Upon an outbreak of fire on any premises, vehicle or vessel, the owner of the premises, vehicle or vessel, or the occupier or the person having the overall management of the premises, shall immediately inform the outbreak of a fire to the nearest fire station.
Section 62. Power to make regulations
(1)
The Minister may make regulations for the better carrying out of the purposes and the provisions of this Act, and in particular, but without prejudice to the generality of the foregoing, for all or any of the following matters:
(a)
regulating the manufacture, sale, installation, testing, servicing, and recharging of fire-fighting equipment or fire safety installation;
(b)
prescribing the types, locations, and testing of fire-fighting equipment or fire safety installation used in any premises;
(ba)
prescribing any fire-fighting equipment or fire safety installation which shall be registered under this Act;
(c)
regulating the private fire brigade;
(ca)
regulating the Voluntary Fire Brigade, prescribing the duties and powers of Voluntary Fire Brigade and prescribing the matters in relation to Voluntary Fire Brigade that may be regulated by standing orders of the Director General;
(d)
regulating the establishment, duties and powers of fire safety organization in designated premises;
(e)
prescribing the uniforms, rank markings, identification cards and necessaries to be supplied to Fire Officers, Auxiliary Fire Officers and Voluntary Fire Officers;
(f)
providing for all matters relating to Auxiliary Fire Officers and Voluntary Fire Officers, including their duties, powers, allowances and compensation;
(g)
prescribing the code of conduct of Fire Officers;
(h)
prohibiting, restricting, or controlling the burning by any person of forest, shrub, or other vegetation in any area;
(i)
regulating all matters relating to fire safety and fire precautions;
(j)
prohibiting, restricting, or controlling the burning of flammable materials;
(k)
regulating the transportation, use, handling, or storage of flammable materials;
(ka)
regulating the fire safety consultant, fire safety consultant firm, competent person, fire safety contractor, training provider and instructor;
(kb)
prescribing the category for competent person;
(l)
prescribing the fees payable under the provisions of this Act;
(m)
prescribing matters that may be or are required to be prescribed;
(n)
prescribing the offences under this Act which may be compounded, the procedure to be followed and the forms to be used in compounding;
(o)
regulating the administration of the Fire Services Department Welfare Fund.
(2)
The Minister may, in regulations made under subsection (1), prescribe penalties of a fine not exceeding ten thousand ringgit or imprisonment for a term not exceeding three years or both for the contravention of any provision of such regulations and, in the case of a continuing offence, a sum not exceeding one hundred ringgit for each day during which such offence is continued after conviction.
Section 63. Repeal
(1)
Part X of the Local Government Act 1976 [Act 171] is repealed.
(2)
The Fire Service Enactment of the State of Sabah [En. 12 of 1971] is repealed.
SCHEDULES
FIRST SCHEDULE [Subsection 8(1)], [Subsection 8(2)], [Subsection 13(2)], [Subsection 13(3)], [Subsection 35(2)], [Subsection 35(3)], [Subsection 35A(1)]
SECOND SCHEDULE [Subsection 3(6)]
(A)
RANKS OF FIRE OFFICERS
(i)
Fire Superintendent
Chief Fire Commissioner
Fire Commissioner
Deputy Fire Commissioner
Senior Assistant Fire Commissioner
Assistant Fire Commissioner
Senior Fire Superintendent I
Senior Fire Superintendent II
Fire Superintendent
(ii)
Assistant Fire Superintendent
Deputy Fire Superintendent
Senior Assistant Fire Superintendent
Assistant Fire Superintendent
(iii)
Fire Officers
Lead Fire Officer
Senior Fire Officer I
Senior Fire Officer II
Fire Officer
(B)
RANKS OF AUXILIARY FIRE OFFICERS
Lead Auxiliary Fire Officer
Senior Auxiliary Fire Officer I
Senior Auxiliary Fire Officer II
Auxiliary Fire Officer
(C)
RANKS OF VOLUNTARY FIRE OFFICERS
Lead Voluntary Fire Officer
Senior Voluntary Fire Officer I
Senior Voluntary Fire Officer II
Voluntary Fire Officer
THIRD SCHEDULE [Subsection 36E(1)] - TRAINING
1.
Operation of extinguishing, fighting, preventing and controlling fires
2.
Installation, use, maintenance and regulation of fire-fighting equipment or fire safety installation
3.
Investigation into the cause, origin and circumstances of fires
4.
Protection of life and property in fire or calamity