ACT 341 FIRE SERVICES ACT 1988

Act 341

FIRE SERVICES ACT 1988

Fire Services 1

LAWS OF MALAYSIA

edited : by azman

FIRE SERVICES ACT 1988

Date of Royal Assent ... ... ... … … 11 May 1988

Date of publication in the Gazette … ... 9 June 1988

PREVIOUS REPRINT

First Reprint ... ... ... ... ... 2001

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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

3. The Fire Services Department and its officers

4. Appointment of Auxiliary Fire Officers

5. Duties of Fire Services Department

6. Uniform and identification card

7. Exercise of powers and performance of duties

PART III

ABATEMENT OF FIRE-HAZARD

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

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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 on occasion of fire

19. Powers of Fire Officers in emergencies not involving fire

20. Protection of Fire Officers and Auxiliary Fire Officers

21. Loss by fire to include damage resulting from fire-fighting

PART IV

WATER 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

PART V

FIRE CERTIFICATES

27. Power of Director General to determine and designate particular uses,

size, or location, of 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 life safety facilities, etc.

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

Section

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PART VI

ENFORCEMENT

Section

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

ENQUIRIES INTO FIRES

45. Enquiries into fires

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 in execution of his duty

52. Failure to comply with direction

53. Unauthorized wearing of uniform

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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

62. Power to make regulations

63. Repeal

FIRST SCHEDULE

SECOND SCHEDULE

Section

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LAWS OF MALAYSIA

Act 341

FIRE SERVICES ACT 1988

An Act to make necessary provision for the effective and efficient

functioning of the Fire Services Department, for the protection of

persons and property from fire risks and for purposes connected

therewith.

[Throughout Malaysia

—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, the State

of Sabah, and the State of Sarawak respectively.

Interpretation

2. In this Act, unless the context otherwise requires—

“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;

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“Auxiliary Fire Officer” means an Auxiliary Fire Officer appointed

under section 4;

“calamity” means an occurrence by which life or property is or

is likely to be endangered;

“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;

“Committee” means the Fire Services Department Welfare Fund

Committee established under section 48A;

“contravention” includes failure to comply, and “contravene”

has a corresponding meaning;

“court” means a court of a Magistrate of the First Class;

“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;

“Director” includes a State Director;

“Director General” means the Director General of Fire Services

appointed pursuant to subsection 3(2);

“fire certificate” means a fire certificate issued by the Director

General under subsection 29(4);

“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;

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(e) providing emergency lighting for purposes of escape from

buildings;

(f) giving direction towards an escape route or place of refuge;

or

(g) providing adequate, safe egress for the purpose of

evacuation or exit of occupants in the event of fire;

“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 Services

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 Services Department

in the discharge of its duties in the event of a fire;

“Fire Officer” means a person employed in the Fire Services

Department to perform duties in the performance of which he is

required or permitted to wear a uniform;

“Fund” means the Fire Services Department Welfare Fund

established under section 48;

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“notice” means a notice in writing;

“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;

“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;

“prescribed” means prescribed by regulations made under

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 Superintendent;

“special duty” means any duty or service rendered by any

authorized officer, other than fire-fighting or emergency duties, as

authorized by the Director General under section 50;

“State”includes the Federal Territory;

“State Director”means a Director of Fire Services appointed for

a State pursuant to subsection 3(3);

“this Act” includes regulations and other subsidiary legislation

made under this Act;

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“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;

“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.

PART II

ADMINISTRATION

The Fire Services Department and its officers

3. (1) There shall be a Fire Services Department of the Federation.

(2) There shall be a Director General of Fire Services and such

number of Deputy Directors General of Fire Services, Assistant

Directors General of Fire Services, Directors of Fire Services, 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 Services for each of the

States of Malaysia.

(4) The appointment of the Director General and of every Deputy

Director General, Assistant 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 and Auxiliary Fire Officers are

as set out in the Second Schedule.

Appointment of Auxiliary Fire Officers

4. (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.

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(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].

Duties of Fire Services Department

5. (1) The duties of the Fire Services 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;

(iii) securing the provision, maintenance, and proper

regulation of fire-escapes; and

(iv) securing the provision of adequate means of exit in

the event of fire from all designated premises;

(b) the making of investigations into the cause, origin, and

circumstances of fires; and

(c) performing humanitarian services, including the protection

of life and property in any calamity.

(2) The Fire Services 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.

Uniform and identification card

6. (1) Every Fire Officer and Auxiliary 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.

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Exercise of powers and performance of duties

7. (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.

PART III

ABATEMENT OF FIRE-HAZARD

Fire-hazard abatement notice

8. (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; or

(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; or

(c) if the owner of the premises cannot readily be ascertained

or found or is absent from Malaysia, on the occupier of

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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.

Power of Director General to abate fire-hazard in vacant or

unoccupied premises

9. 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.

Offence of failing to comply with fire-hazard abatement notice

10. 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.

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Power of Director General to abate fire-hazard on noncompliance

with fire-hazard abatement notice

11. 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.

Power of Director General to abate fire-hazard in cases of

urgency

12. 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.

Closing order

13. (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.

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(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.

Appeals against closing order or refusal to make closing 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.

(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.

Disposal of property removed by Director General

15. (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.

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(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.

Recovery of expenses incurred in carrying out work under

section 11

16. 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.

Recovery of expenses incurred in carrying out work under

section 12

17. (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; or

(c) if the owner of the premises cannot readily be ascertained

or found or is absent from Malaysia, from the occupier

18 Laws of Malaysia ACT 341

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.

Powers of Fire Officers on occasion of fire

18. (1) On the occasion of a fire, a 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 Services 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.

(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.

Powers of Fire Officers in emergencies not involving fire

19. 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.

Protection of Fire Officers and Auxiliary Fire Officers

20. No Fire Officer or Auxiliary Fire Officer acting bona fide

under powers conferred by this Act shall be liable to any action

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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.

Loss by fire to include damage resulting from fire-fighting

21. Any damage or loss suffered in consequence of any action

taken or thing done by a Fire Officer or Auxiliary 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

Storage of water in premises for fire-fighting purposes

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:

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.

Notice of works affecting fire hydrants

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:

20 Laws of Malaysia ACT 341

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.

Duty of water authority to notify the State Director of any

action affecting the flow of water to a fire hydrant

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.

Power to fix fire hydrant location plates

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.

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Concealment and misuse of fire hydrants

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.

PART V

FIRE CERTIFICATE

Power of Director General to determine and designate particular

uses, size, or location, of premises

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.

(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.

Requirement of fire certificate

28. (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.

22 Laws of Malaysia ACT 341

Application for, and issue of, fire certificate

29. (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 life safety, fire prevention, fire protection and fire-fighting

facilities, as the case may be, 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 facilities 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.

Form of fire certificate

30. Every fire certificate issued in respect of any designated premises

shall be in the prescribed form.

Prescribing of fees for the issue of fire certificate

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.

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Change of conditions affecting adequacy of life safety facilities,

etc.

32. (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 life safety, fire prevention, fire protection and

fire-fighting facilities 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 facilities 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 facilities 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

facilities 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 facilities in question adequate; and

(b) notify him that if those steps are not taken, the fire

certificate may be cancelled,

24 Laws of Malaysia ACT 341

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.

Offence in relation to fire certificate

33. 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.

Rights of appeal

34. 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.

Court’s power to prohibit or restrict use of certain premises

35. (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

Fire Services 25

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.

Power of Director General to order activity to cease in cases

of urgency

35A. (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.

26 Laws of Malaysia ACT 341

(3) Any person who fails to comply with an order of the Director

General made under subsection (1) shall be guilty of an offence.

Appeal against order of Director General to cease activity

35B. (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.

Appeals against prohibitory order or refusal to make prohibitory

order

36. (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 VI

ENFORCEMENT

Enforcement of Act

37. It shall be the duty of the Director General to enforce the

provisions of this Act.

Fire Services 27

Power of entry

38. (1) 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 enquiry which he considers necessary in

relation to any matter within the provisions of this Act;

or

(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.

28 Laws of Malaysia ACT 341

Restriction on disclosure of information

39. 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.

Power to arrest without warrant

40. (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.

Power of investigation

41. (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.

Power to require attendance of witnesses

42. (1) An authorized officer making an investigation under section

41 may by order in writing require the attendance before himself

Fire Services 29

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.

Examination of witnesses

43. (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.

30 Laws of Malaysia ACT 341

Conduct of prosecution

44. Every authorized officer shall have the authority to appear in

court and conduct any prosecution in respect of any offence under

this Act.

PART VII

ENQUIRIES INTO FIRES

Enquiries into fires

45. (1) The Minister may appoint any person or persons to hold

an enquiry 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 enquiry, 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 enquiry under subsection (1) and to any person holding the

enquiry as if the enquiry and the person were respectively an

enquiry and a Commissioner under that Act.

Taking possession of premises and other property damaged or

destroyed by fire

46. (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 enquiry 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

enquiry.

Fire Services 31

(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

Services Department and that entry into the premises or part is

prohibited.

Unauthorized presence in premises possession whereof has been

taken under section 46

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.

PART VIII

WELFARE FUND

Establishment of Fund

48. (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;

32 Laws of Malaysia ACT 341

(d) donations or reward offered to the Fund or to individual

members of the Fire Services 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; and

(g) all sums of moneys contributed by the Government.

Fire Services Department Welfare Fund Committee

48A. (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;

and

(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.

Moneys for Fund to be raised only with consent

48B. (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.

Fire Services 33

Administration and application of Fund

49. The Fund shall be administered in accordance with regulations

made under this Act, and applied—

(a) in recompensing 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;

or

(ii) granting loans to,

Fire Officers, former Fire Officers who have retired on

pension, gratuity or other allowance or persons who were

wholly or partially dependent on deceased Fire Officers or

former Fire Officers at the time of their death.

PART IX

MISCELLANEOUS

Special duty and expenses thereof

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 moveable 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.

Interfering with Fire Officers in execution of his duty

51. Any person who wilfully abuses, assaults, disturbs, hinders,

obstructs, or interferes with any Fire Officer or Auxiliary Fire

Officer acting in the execution of his duty or any other person

assisting the Fire Services Department under specific directions of

the officer-in-charge shall be guilty of an offence.

34 Laws of Malaysia ACT 341

Failure to comply with direction

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.

Unauthorized wearing of uniform

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 Services 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.

Falsification of documents, false statements, etc.

54. 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; or

(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.

Offences in respect of fire alarm

55. Any person who damages, conceals, activates or deactivates

any fire alarm without reasonable excuse shall be guilty of an

offence.

Fire Services 35

Giving of false report of fire

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.

Offences by body corporate

57. (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, subsection (1) 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.

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.

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:

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.

36 Laws of Malaysia ACT 341

Power to apply Act to vessels and movable structures

60. 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; and

(b) tents and other movable structures.

Service of notices and other documents

61. (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; or

(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 to an adult member

of his family; or

(ii) at the body’s registered office or usual or last

known place of business, to its servant or agent;

or

(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; or

(ii) at the body’s registered office or usual or last

known place of business; or

(d) by sending the notice or document by pre-paid registered

post to the person or body—

(i) at the person’s usual or last known abode or place

of business; or

(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

Fire Services 37

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 pre-paid 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.

Power to make regulations

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) 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;

(c) regulating the establishment of fire-brigades in private

organizations, educational institutions and voluntary

organizations;

(ca) regulating the establishment of voluntary fire-brigades;

(d) regulating the establishment of fire safety organization

in designated premises;

(e) prescribing the uniforms, rank markings, identification

cards and necessaries to be supplied to Fire Officers and

Auxiliary Fire Officers;

38 Laws of Malaysia ACT 341

(f) providing for all matters relating to Auxiliary 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;

(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 one thousand ringgit

or imprisonment for a term not exceeding six months 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.

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.

Fire Services 39

FIRST SCHEDULE

FIRE SERVICES ACT 1988

FORM A

[Subsection 8(1)]

FIRE-HAZARD ABATEMENT NOTICE

To....................................................................

........................................................................

........................................................................

TAKE NOTICE that the Director General of Fire Services†, 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)

and (2)* to do whatever is necessary for preventing the recurrence of the fireazard

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.

Dated the..............day of.......................20.........

.........................................................

(Director General of Fire Services)

†“or any Fire Officer to whom the Director General has delegated his power”.

* Delete if the need does not arise.

40 Laws of Malaysia ACT 341

FIRE SERVICES ACT 1988

FORM B

[Subsection 8(2)]

SUBSEQUENT FIRE-HAZARD ABATEMENT NOTICE

To....................................................................

........................................................................

........................................................................

TAKE NOTICE that the Director General of Fire Services†, 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)

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.

Dated the..............day of.......................20.........

........................................................

(Director General of Fire Services)

†“or any Fire Officer to whom the Director General has delegated his power”.

* Delete if the hazard has not been abated.

Fire Services 41

FIRE SERVICES ACT 1988

FORM C

[Subsection 13(2)]

NOTICE TO SHOW CAUSE

WHEREAS complaint has been received by me from................................................

...........................................................................................................................

(name and rank of Fire Officer)

that.....................................................................................................................

(substance of the complaint received)

IT IS HEREBY ORDERED THAT................................................................................

(respondent)

do attend at the Magistrate’s Court at..............................................................

on the ................................... day of ........................................................, 20.........

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

FIRE SERVICES ACT 1988

FORM D

[Subsection 13(3)]

CLOSING ORDER

WHEREAS the Director General of Fire Services †has, by way of a complaint,

applied to this court for a closing order in respect of..................................................

...........................................................................................................................

(premises)

on the grounds..................................................................................................

..........................................................................................................................

..........................................................................................................................

..........................................................................................................................

42 Laws of Malaysia ACT 341

AND WHEREAS...............................................................................................,

the owner of the premises, and........................................................................,

the occupier of the premises, have been served with a notice calling on them

to show cause why a closing order should not be made* [and the said....................

...........................................................................................................................

have/has failed to show cause, and the said......................................................

have/has failed to appear to show cause]:

NOW, on being satisfied that such use of the premises as is specified hereunder

may materially increase the likelihood of a fire or other calamity or the danger

to life or property resulting from the outbreak of a fire or the occurrence of

any other calamity and that therefore it is necessary to prohibit such use, I, in

pursuance of subsection 13(2) of the Fire Services Act 1988, do hereby prohibit

the following use of the premises, that is to say..............................................

...........................................................................................................................

...........................................................................................................................

...........................................................................................................................

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.

FIRE SERVICES ACT 1988

FORM E

[Subsection 35(2)]

NOTICE TO SHOW CAUSE

WHEREAS complaint has been received by me from.............................................

..........................................................................................................................

(name and rank of Fire Officer)

that.....................................................................................................................

(substance of the complaint received)

IT IS HEREBY ORDERED THAT..............................................................................

(respondent)

do attend at the Magistrate’s Court at.............................................................

on the...............................day of................................................., 20.....................

at ............o’clock to show cause why a prohibitory order should not be made

in respect of.......................................................................................................

...........................................................................................................................

(premises)

Fire Services 43

Given under my hand and the seal of the court, this.......................day

of....................., 20........

(SEAL)

Magistrate

FIRE SERVICES ACT 1988

FORM F

[Subsection 35(3)]

PROHIBITORY ORDER

WHEREAS the Director General of Fire Services †has, by way of a complaint,

applied to this court for a prohibitory order in respect of...........................................

...........................................................................................................................

(premises)

on the grounds...................................................................................................

...........................................................................................................................

...........................................................................................................................

...........................................................................................................................

AND WHEREAS ................................................................................................,

the owner of the premises, and.................................................................., the

occupier of the premises, have been served with a notice calling on them to

show cause why a prohibitory order should not be made* [and the said.....................

...........................................................................................................................

have/has failed to show cause, and the said.........................................................

have/has failed to appear to show cause]:

NOW, on being satisfied that such use of the premises as is specified hereunder

would be a risk to person or property in case of fire and that therefore it is

necessary to prohibit such use, I, in pursuance of subsection 35(2) of the Fire

Services Act 1988, hereby *prohibit the use of the above-said premises/restrict

the use of the above-said premises, that is to say.....................................................

...........................................................................................................................

...........................................................................................................................

...........................................................................................................................

44 Laws of Malaysia ACT 341

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.

FIRE SERVICES ACT 1988

FORM G

[Subsection 35A(1)]

ORDER TO CEASE ACTIVITY

WHEREAS the Director General of Fire Services 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 Services 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:

NOW THEREFORE I, in pursuance of subsection 35A(1) of the Fire Services Act

1988, hereby order that the activity of..................................................................

..........................................................................................................................

in the above-said premises do cease forthwith.

Dated the.....................day of ..................... 20..............

..........................................................

(Director General of Fire Services)

Fire Services 45

SECOND SCHEDULE

[Subsections 3(6) and 3(7)]

[A] RANKS OF FIRE OFFICERS

Commissioner

Deputy Commissioner

Senior Assistant Commissioner

Assistant Commissioner

Senior Superintendent

Superintendent

Probationary Superintendent

Senior Assistant Superintendent

Assistant Superintendent

Probationary Assistant Superintendent

Fire Officer Grade I

Fire Officer Grade II

Fire Officer Grade III

Probationary Fire Officer Grade III

Chief Fireman

Senior Fireman

Fireman

[B] RANKS OF AUXILIARY FIRE OFFICERS

Fire Officer Grade III

Probationary Fire Officer Grade III

Chief Fireman

Senior Fireman

Fireman

46 Laws of Malaysia ACT 341

LAWS OF MALAYSIA

Act 341

FIRE SERVICES ACT 1988

LIST OF AMENDMENTS

Amending law Short title In force from

Act A799 Fire Services (Amendment) Act 12-04-1991

1991

Act A879 Fire Services (Amendment) Act 04-03-1994

1994

Fire Services 47

LAWS OF MALAYSIA

Act 341

FIRE SERVICES ACT 1988

LIST OF SECTIONS AMENDED

Section Amended authority In force from

2 Act A799 12-04-1991

3 Act A879 04-03-1994

7 Act A879 04-03-1994

8 Act A879 04-03-1994

13 Act A879 04-03-1994

35A Act A879 04-03-1994

35B Act A879 04-03-1994

48 Act A799 12-04-1991

48A Act A799 12-04-1991

48B Act A879 04-03-1994

49 Act A799 12-04-1991

First Schedule Act A879 04-03-1994

Second Schedule Act A879 04-03-1994

DICETAK OLEH

PERCETAKAN NASIONAL MALAYSIA BERHAD,

KUALA LUMPUR

BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA