Fire Certificate Regulations 2001
Key Information
Regulations under the Fire Services Act 1988 governing applications, issuance, renewal and management of fire certificates for designated premises, including duties of owners and occupiers, establishment of fire safety organizations, submission of fire safety plans and reports, and related offences and penalties.
Source: AGC - P.U. (A) 241
Regulation 1. Citation
These regulations may be cited as the Fire Services (Fire Certificate) Regulations 2001.
Regulation 1A. Interpretation
In these Regulations, unless the context otherwise requires—
“subdivided building” means a building having two or more storeys which is capable of being subdivided into parcels under the Strata Titles Act 1985 [Act 318];
“fire safety organization” means an organization established under regulation 6B;
“developer” means any person who develops any land for the purpose of residential, commercial and industrial use and includes the executors, administrators and successors in title or permitted assigns of such person; and
“management corporation” has the same meaning assigned to it under the Strata Titles Act 1985.
Regulation 1B. Specification of “applicant” and “material change”
(1)
For the purpose of section 29 of the Act, the word “applicant” shall be construed as the following person:
(a)
where the designated premises is a landed building, and its fire-fighting equipment or fire safety installation is owned or maintained by the owner of the building, the applicant shall be the owner of the building;
(b)
where the designated premises is a landed building, and its fire-fighting equipment or fire safety installation is owned or maintained by the occupier of the building, the applicant shall be the occupier of the building;
(c)
where the designated premises is a landed building, and its fire-fighting equipment or fire safety installation is maintained by or shared with another person, the applicant shall be the occupier of the building and that person, jointly;
(d)
where the designated premises is a subdivided building on which the management corporation has come into existence, and its fire-fighting equipment or fire safety installation is maintained by the management corporation, the applicant shall be the management corporation;
(e)
where the designated premises is a subdivided building on which the management corporation has come into existence, and its fire-fighting equipment or fire safety installation is maintained by or shared with another person, the applicant shall be the management corporation and that person, jointly;
(f)
where the designated premises is a subdivided building on which the management corporation has not come into existence, the applicant shall be the developer of the building or, if the fire-fighting equipment or fire safety installation of the building is maintained by or shared with another person, the applicant shall be the developer and that person, jointly;
(g)
where the designated premises is a subdivided building on which the management corporation has not come into existence and its fire-fighting equipment or fire safety installation is maintained by or shared with owners and occupiers of the building, the applicant shall be the owners and occupiers, jointly.
(2)
Notwithstanding subregulation (1), where there is any dispute as to the applicant under section 29 of the Act, such dispute shall be referred to the Director General whose decision shall be final.
(3)
For the purpose of subsection 32(2) of the Act, the term “material change” means any change affecting the fire-fighting equipment or fire safety installation in relation to the use of the designated premises.
Regulation 1C. Certain persons presumed to be occupiers
Any person who, at the material time, is staying or occupying on a designated premises shall be presumed, until the contrary be proved, to be an occupier of such designated premises.
Regulation 2. Application for fire certificate
(1)
An application for a fire certificate in respect of a designated premises shall be made in the form in the First Schedule and shall be accompanied by—
(a)
a certificate of establishment of a fire safety organization issued under regulation 6C;
(b)
a copy of a Fire and Emergency Response Plan; and
(c)
a copy of a Fire Safety Report,
in respect of the designated premises.
(1A)
The Fire and Emergency Response Plan and Fire Safety Report referred to in paragraphs (1)(b) and (c) respectively shall be prepared by the fire safety organization in respect of the designated premises in the form and manner as may be determined by the Director General.
(2)
The Director General may, in his discretion, grant a fire certificate with or without attaching any condition or conditions thereto or refuse to grant a fire certificate.
Regulation 2A. Submission of plans
The Director General may, in relation to any submission of plan under subsection 29(2) of the Act, reject any plan which is submitted not in accordance with the provisions in Part II of the Uniform Building By-Laws 1984 [G.N. 5178/85] wherever is relevant.
Regulation 3. Issuance of fire certificate
(1)
Every fire certificate in respect of designated premises shall be made in the form in the Second Schedule.
(2)
A fire certificate issued under the Act is non-transferable.
(3)
The fee payable for a fire certificate issued under the Act shall be as set out in the Sixth Schedule.
(4)
The Director General may authorize the transfer of a fire certificate if a company which is the holder of a fire certificate is liquidated or a receiver or manager is appointed in relation to the business of the holder of a fire certificate or if for any reason the Director General is satisfied that it would be just to do so.
(5)
The holder of a fire certificate who transfers or purports to transfer or assign the fire certificate or causes or permits any other person to use his fire certificate 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 one year or to both.
Regulation 4. Renewal of fire certificate
(1)
The application for the renewal of a fire certificate shall be made not less than thirty days before the date of expiry of the certificate:
Provided that no application for renewal shall be allowed if it is made after the expiry date of the fire certificate and the applicant shall make a fresh application as under regulation 2.
(2)
An applicant for the renewal of a fire certificate shall—
(a)
make the application in the form in the Third Schedule;
(b)
give particulars of any change to the designated premises;
(c)
furnish a copy of a Fire Safety Report; and
(d)
supply such other relevant particulars or information as may be required by the Director General.
(2A)
The Director General may, in his discretion, approve the renewal of a fire certificate with or without attaching any condition or conditions thereto or refuse to grant a renewal of such certificate.
(3)
The fee payable for a renewed fire certificate shall be as set out in the Sixth Schedule.
Regulation 5. Loss or destruction of fire certificate
(1)
Where a fire certificate is lost or destroyed, the person to whom such certificate was issued shall within fourteen days of the date of the loss or destruction, as the case may be, notify the Director General in writing of the loss or destruction and apply for a replacement certificate.
(2)
The person referred to in subregulation (1) shall submit a fee of fifty ringgit and shall furnish any information as may be required by the Director General.
(3)
Any person who fails to notify the Director General under subregulation (1) or to submit the information required under subregulation (2) commits an offence.
Regulation 6. Exhibit of fire certificate
(1)
The person to whom a fire certificate is issued shall exhibit the certificate at all times in a conspicuous position in any part of the designated premises to which the certificate relates and the certificate shall be kept available for inspection by an authorized officer who may demand the production of such certificate at the designated premises concerned at any time.
(2)
Any person who contravenes subregulation (1) commits an offence.
Regulation 6A. Protection from action, claim, liabilities, etc.
The Government, Director General and Fire Officers shall not be subject to any action, claim, liabilities or demand whatsoever arising out of any designated premises which has been issued a fire certificate under the provisions of these Regulations or by reason of the fact that such designated premises is subject to inspection and approval of the Director General, and nothing in these Regulations shall make it obligatory for the Director General to inspect any designated premises to ascertain that the provisions of these Regulations are complied with or that plans, particulars, information or notices submitted to him are accurate.
Regulation 6B. Establishment of fire safety organization in respect of designated premises
(1)
Any owner, occupier or person having the overall management of a designated premises shall, on an application made under regulation 6C, establish a fire safety organization in respect of the designated premises.
(2)
The fire safety organization shall consist of one fire safety manager and at least three fire safety officers appointed by the owner, occupier or person having the overall management of the designated premises.
(3)
The fire safety manager and fire safety officers appointed under subregulation (2) shall be certified by the Director General in a manner determined by the Director General.
Regulation 6C. Application for establishment of fire safety organization
(1)
An application for the establishment of a fire safety organization under regulation 6B shall be made by the owner, occupier or person having the overall management of the designated premises to the Director General in the form in the Fourth Schedule upon the appointment of the fire safety manager and fire safety officers.
(1)
An application for the establishment of a fire safety organization under regulation 6B shall be made by the owner, occupier or person having the overall management of the designated premises to the Director General in the form in the Fourth Schedule upon the appointment of the fire safety manager and fire safety officers.
(2)
Upon receipt of an application under subregulation (1), the Director General may approve the application and issue a certificate of the establishment of the fire safety organization, with or without condition, or refuse the application.
(3)
The certificate of the establishment of a fire safety organization issued under subregulation (2) shall be in the form in the Fifth Schedule.
(4)
The Director General may cancel the certificate of the establishment of the fire safety organization issued under subregulation (2) if the fire safety organization fails to comply with any condition imposed by the Director General in respect of the certificate.
Regulation 6D. Duties of owner, occupier or person having the overall management of designated premises
(1)
The owner, occupier or person having the overall management of the designated premises to whom the certificate of establishment of a fire safety organization is issued under regulation 6C shall—
(a)
provide the fire safety organization with fire-fighting equipment or fire safety installation;
(b)
provide information relating to fire safety and emergency to the fire safety organization;
(c)
notify the Director General in writing of any change in the appointment of the fire safety manager or fire safety officers within fourteen days from the date of the occurrence of such change; and
(d)
appoint a new fire safety manager or fire safety officer within thirty days from the date of resignation or termination of any fire safety manager or fire safety officer, as the case may be.
(2)
Any owner, occupier or person having the overall management of the designated premises who contravenes subregulation (1) 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 one year or to both.
Regulation 6E. Duties and powers of fire safety organization
A fire safety organization shall have the following duties:
(a)
to be responsible for fire safety of the designated premises in respect of which it is established;
(b)
upon an outbreak of fire or any other emergencies at the designated premises but before the arrival of a Fire Officer—
(i)
to give instructions for the purpose of evacuation or exit of the occupants of the designated premises; and
(ii)
to extinguish, fight, prevent and control the fire or emergency by using all fire-fighting equipments or fire safety installations in the designated premises, as the case may be;
(c)
to remove or cause to be removed any fire hazard found within the designated premises;
(d)
to prepare a Fire and Emergency Response Plan and a Fire Safety Report;
(e)
to ensure a copy of a Fire and Emergency Response Plan and all the records or documents relating to it are kept at the fire command centre;
(f)
to ensure that all fire-fighting equipment or fire safety installation and fire command centre in the designated premises are maintained and remain in good condition;
(g)
to attend any course or training as may be determined by the Director General;
(h)
to conduct any course or training relating to fire safety and emergency for the occupants of the designated premises at least once a year;
(i)
to conduct a fire drill at the designated premises at least once a year; and
(j)
to perform such other duties as the Director General may direct.
Regulation 7. Penalty
Regulation 7A. Compoundable offences
FIRST SCHEDULE FORM [Subregulation 2(1)] - APPLICATION FOR FIRE CERTIFICATE
SECOND SCHEDULE FORM [Subregulation 3(1)] - FIRE CERTIFICATE
THIRD SCHEDULE FORM [Paragraph 4(2)(a)] - APPLICATION FOR RENEWAL OF FIRE CERTIFICATE
FOURTH SCHEDULE FORM [Subregulation 6C(1)] - APPLICATION FOR ESTABLISHMENT OF FIRE SAFETY ORGANIZATION
FIFTH SCHEDULE FORM [Subregulation 6C(3)] - CERTIFICATE OF ESTABLISHMENT OF FIRE SAFETY ORGANIZATION
SIXTH SCHEDULE [Subregulations 3(3) and 4(3)] - FEE FOR FIRE CERTIFICATE AND RENEWED FIRE CERTIFICATE
NOTE
Where any designated premises are used for more than one purposes, the fee payable shall be the highest of the fees prescribed for such purposes.