Act 341 Fire Services Act 1988
Act 341 Fire Services Act 1988
Act 341 Fire Services Act 1988
Act 341
PREVIOUS REPRINTS
LAWS OF MALAYSIA
Act 341
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ARRANGEMENT OF SECTIONS
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PART I
PRELIMINARY
Section
1. Short title and commencement
2. Interpretation
PART II
ADMINISTRATION
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. P 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
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 issue 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
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
PART VII
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
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
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LAWS OF MALAYSIA
Act 341
PART I
PRELIMINARY
1. (1) This Act may be cited as the Fire Services Act 1988.
Interpretation
“fire-hazard” means—
“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;
(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;
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PART II
ADMINISTRATI ON
(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.
(5) Every Fire Officer shall be subject to the control and direction
of the Director General.
4A. (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.
(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.
(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.
Appeal
5. (1) The duties of the Fire and Rescue Department shall include—
(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.
6. (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.
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(2) Every Fire Officer and Auxiliary Fire Officer shall be issued
with an identification card in the prescribed form.
Standing orders
7B. The Director General may issue standing orders for the general
control, direction and information of Fire Officers, Auxiliary Fire
Officers and Voluntary Fire Officers under this Act.
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PART III
that the fire-hazard to which it relates may for the time being have been
abated.
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.
Closing order
and if cause is not shown by either the owner or occupier or both, the
court may make such an order.
14. (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.
(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.
(d) close any street near the site of the fire or control the traffic
or crowd in any such street;
18A. (1) For the purpose of paragraph 5(1)(b), a Fire Officer may,
by notice in writing served on a person, require the person—
(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.
PART IV
22. (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:
(3) Any person who fails to comply with any direction given under
subsection (1) shall be guilty of an offence.
23. (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:
24. 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.
25. (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.
26. 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.
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PART V
27. (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.
(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:
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(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.
31. The Director General 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.
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.
(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; and
(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.
Rights of appeal
order is in force would not pose any serious risk to person or property
in case of fire, may revoke the prohibitory order.
(3) Any person who fails to comply with an order of the Director
General made under subsection (1) shall be guilty of an offence.
may, within ten days of the making of the order, appeal to the High
Court.
PART VI
ENFORCEMENT
Enforcement of Act
Power of entry
40. (1) Any authorized officer may without warrant arrest any
person—
(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.
Power of investigation
41. (1) Any authorized officer shall have the power to investigate
the commission of any offence under this Act.
Examination of witnesses
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.
Conduct of prosecution
PART VII
45. (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.
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47. 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.
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PART VIII
WELFARE FUND
Establishment of Fund
(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;
(5) Subject to this Act, the Committee shall have power to regulate
its proceedings.
48B. (1) No person shall carry on any activity to raise moneys for
the Fund without the prior written consent of the Committee.
PART IX
MISCELLANE OUS
50. (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.
52. 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.
53. Any person who, not being a Fire Officer or an Auxiliary 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.
56. 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.
General penalty
58. 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.
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Compounding of offences
59. (1) The Director General or any Fire Officer authorized by him
in writing may 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 five hundred ringgit:
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.
62. (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 continuing offence, a sum not exceeding one hundred ringgit for each
day during which such offence is continued after conviction.
Repeal
63. (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.
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FIRST SCHEDULE
To ............................................................
.................................................................
.................................................................
TAKE NOTICE that the †Director General of Fire and Rescue, being satisfied
of the existence in .............................................................................................
(premises)
of a fire-hazard, being .....................................................................................
(describe the fire-hazard)
do hereby, pursuant to subsection 8(1) of the Fire Services Act 1988, require
you, within ............................................ from the service of this notice, (1) to
abate the fire-hazard, and for that purpose to ....................................................
..........................................................................................................................
(specify the works to be executed)
Fire Services 49
and (2)* to do whatever is necessary for preventing the recurrence of the fire-
hazard and for that purpose to ..........................................................................
..........................................................................................................................
..........................................................................................................................
(specify the works to be executed)
TAKE NOTICE THAT if you fail to comply with any requirement of this notice
within the time specified, you will be committing an offence for which, on
conviction, you may be liable to a fine not exceeding five thousand ringgit or
to imprisonment for a term not exceeding three years or to both and to a
further fine of one hundred ringgit for each day during which the offence is
continued after conviction.
..............................................................
(Director General of Fire and Rescue)
____________________________________________________________________________________
†“or any Fire Officer to whom the Director General has delegated his power”.
*Delete if the need does not arise.
_____________
TAKE NOTICE that the †Director General of Fire and Rescue, being satisfied
that the fire-hazard for the abatement of which a fire-hazard abatement notice
dated the .......................day of ..................................was served on you* [and
which has since been abated] is likely to recur in..............................................
..........................................................................................................................
(premises)
50 Laws of Malaysia ACT 341
do hereby, pursuant to subsection 8(2) of the Fire Services Act 1988, require you,
within ..............................from the service of this notice, to do whatever is
necessary for preventing the recurrence of the fire-hazard, and for that purpose
to.....................................................................................................................................
(specify the works to be executed)
TAKE NOTICE that if you fail to comply with any requirement of this notice
within the time specified, you will be committing an offence for which, on
conviction, you may be liable to a fine not exceeding five thousand ringgit or
to imprisonment for a term not exceeding three years or to both and to a
further fine of one hundred ringgit for each day during which the offence is
continued after conviction.
..............................................................
(Director General of Fire and Rescue)
____________________________________________________________________________________
†“or any Fire Officer to whom the Director General has delegated his power”.
*Delete if fire-hazard has not been abated.
_____________
at .................... o’clock to show cause why a closing order should not be made
in respect of ......................................................................................................
..........................................................................................................................
(premises)
Given under my hand and the seal of the court, this ......................................
day of ...................20 ……………..
(SEAL)
Magistrate
_____________
Given under my hand and the seal of the court this ..................................day
of ................................ 20 ............
(SEAL)
Magistrate
____________________________________________________________________________________
†“or any Fire Officer to whom the Director General has delegated his power”.
*Modify as circumstances require.
_____________
Given under my hand and the seal of the court, this ......................................
day of ...................20 ……………..
(SEAL)
Magistrate
_____________
Given under my hand and the seal of the court, this ......................................
day of ...................20 ……………..
(SEAL)
Magistrate
_____________________________________________________________
†“or any Fire Officer to whom the Director General has delegated his power”.
*Modify as circumstances require.
_____________
WHEREAS the Director General of Fire and Rescue is satisfied that there is in
respect of..........................................................................................................
..........................................................................................................................
..........................................................................................................................
(premises)
an activity, namely ...........................................................................................
and that any continuation of this activity would constitute an immediate
danger of fire prejudicial to the safety of life and property;
AND WHEREAS the Director General of Fire and Rescue is satisfied that any
delay occasioned by an application for, and the obtaining of, a prohibitory
order from the High Court would substantially increase the risk to such life
or property:
............................................................
(Director General of Fire and Rescue)
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SECOND SCHEDULE
[Subsection 3(6)]
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LAWS OF MALAYSIA
Act 341
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Act 341
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