FIRE SERVICES ACT 1988

Fire Services 1 LAWS OF MALAYSIA REPRINT Act 341 FIRE SERVICES ACT 1988 As at 1 April 2023 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2023 0 WJW23/0425 Act 341 BI.indd 1 25/07/2023 9:14 AM 2 Act 341 Laws of Malaysia FIRE SERVICES ACT 1988 Date of Royal Assent … … … … 11 May 1988 Date of publication in the Gazette … … … … 9 June 1988 Latest amendment made by Act A1568 which came into operation on … … … … 1 September 2018 Previous Reprints First Reprint … … … … 2001 Second Reprint … … … … 2006 Third Reprint … … … … 2009 0 WJW23/0425 Act 341 BI.indd 2 25/07/2023 9:14 AM Fire Services 3 LAWS OF MALAYSIA Act 341 FIRE SERVICES ACT 1988 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. Short title and commencement 2. Interpretation Part II ADMINISTRATION 0 WJW23/0425 Act 341 BI.indd 3 3. Fire and Rescue Department and its officers 4. Auxiliary Fire Officers 4a. Voluntary Fire Officers 4b. Establishment of Voluntary Fire Brigade 4c. Registrar, Deputy Registrar and Assistant Registrar 4d. Appeal 5. Duties of Fire and Rescue Department 6. Uniform and identification card 7. Exercise of powers and performance of duties 7a. Conferment of medal or honorary rank 7b. Standing orders 25/07/2023 9:14 AM 4 Laws of Malaysia Act 341 Part III ABATEMENT OF FIRE-HAZARD Section 8. Fire-hazard abatement notice 9. Power of Director General to abate fire-hazard in vacant or unoccupied premises 10. Offence of failing to comply with fire-hazard abatement notice 11. Power of Director General to abate fire-hazard on non-compliance with fire-hazard abatement notice 12. Power of Director General to abate fire-hazard in cases of urgency 13. Closing order 14. Appeals against closing order or refusal to make closing order 15. Disposal of property removed by Director General 16. Recovery of expenses incurred in carrying out work under section 11 17. Recovery of expenses incurred in carrying out work under section 12 18. Powers of Fire Officers or Auxiliary Fire Officers on occasion of fire 18a. Power to obtain information 19. Powers of Fire Officers in emergencies not involving fire 20. Protection of Fire Officers, Auxiliary Fire Officers and Voluntary Fire Officers 21. Loss by fire to include damage resulting from fire-fighting PART IV WATERS AND FIRE HYDRANTS 22. Storage of water in premises for fire-fighting purposes 23. Notice of works affecting fire hydrants 24. Duty of water authority to notify the State Director of any action affecting the flow of water to a fire hydrant 25. Power to fix fire hydrant location plates 26. Concealment and misuse of fire hydrants 0 WJW23/0425 Act 341 BI.indd 4 25/07/2023 9:14 AM Fire Services 5 Part V FIRE CERTIFICATE Section 27. Power of Director General to determine and designate particular uses, size or location of premises 27a. Fire safety organization in designated premises 28. Requirement of fire certificate 29. Application for, and issuance of, fire certificate 30. Form of fire certificate 31. Prescribing of fees for the issue of fire certificate 32. Change of conditions affecting adequacy of fire-fighting equipment or fire safety installation 33. Offence in relation to fire certificate 34. Rights of appeal 35. Court’s power to prohibit or restrict use of certain premises 35a. Power of Director General to order activity to cease in cases of urgency 35b. Appeal against order of Director General to cease activity 36. Appeals against prohibitory order or refusal to make prohibitory order Part VI ENFORCEMENT 0 WJW23/0425 Act 341 BI.indd 5 37. Enforcement of Act 38. Power of entry 39. Restriction on disclosure of information 40. Power to arrest without warrant 41. Power of investigation 42. Power to require attendance of witnesses 43. Examination of witnesses 44. Conduct of prosecution 25/07/2023 9:14 AM 6 Laws of Malaysia Act 341 Part VII INQUIRIES INTO FIRES Section 45. Fire Enquiry Commission 46. Taking possession of premises and other property damaged or destroyed by fire 47. Unauthorized presence in premises possession whereof has been taken under section 46 Part VIII WELFARE FUND 48. Establishment of Fund 48a. Fire Services Department Welfare Fund Committee 48b. Moneys for Fund to be raised only with consent 49. Administration and application of Fund Part IX MISCELLANEOUS 50. Special duty and expenses thereof 51. Interfering with Fire Officers, Auxiliary Fire Officer or Voluntary Fire Officer in execution of his duty 52. Failure to comply with direction 53. Unauthorized wearing of uniform 54. Falsification of documents, false statements, etc. 55. Offences in respect of fire alarm 56. Giving of false report of fire 57. Offences by body corporate 58. General penalty 59. Compounding of offences 60. Power to apply Act to vessels and movable structures 0 WJW23/0425 Act 341 BI.indd 6 25/07/2023 9:14 AM Fire Services 7 Section 61. Service of notices and other documents 61a. Duty to inform upon an outbreak of fire 62. Power to make regulations 63. Repeal First Schedule Second Schedule 0 WJW23/0425 Act 341 BI.indd 7 25/07/2023 9:14 AM 8 0 WJW23/0425 Act 341 BI.indd 8 Laws of Malaysia Act 341 25/07/2023 9:14 AM Fire Services 9 LAWS OF MALAYSIA Act 341 FIRE SERVICES ACT 1988 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. [1 January 1989, P.U. (B) 701/1988] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: Part I PRELIMINARY Short title and commencement 1. (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. 0 WJW23/0425 Act 341 BI.indd 9 25/07/2023 9:14 AM 10 Laws of Malaysia Act 341 Interpretation 2. 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; or (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; 0 WJW23/0425 Act 341 BI.indd 10 25/07/2023 9:14 AM Fire Services 11 “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 and safe egress for the purpose of evacuation or exit of occupants in the event of fire; or (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; “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; 0 WJW23/0425 Act 341 BI.indd 11 25/07/2023 9:14 AM 12 Laws of Malaysia Act 341 “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; “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); 0 WJW23/0425 Act 341 BI.indd 12 25/07/2023 9:14 AM Fire Services 13 “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 dut