Fire and Rescue Department and its officers
(1) There shall be a Fire and Rescue Department of the Federation.
(2) There shall be a Director General of Fire and Rescue and such number of Deputy Directors General of Fire and Rescue, Directors of Fire and Rescue, and other Senior Fire Officers and Fire Officers as may be necessary for the effective and efficient functioning of the Department.
(3) There shall be a Director of Fire and Rescue for each of the States of Malaysia.
(4) The appointment of the Director General and of every Deputy Director General and Director shall be published in the Gazette.
(5) Every Fire Officer shall be subject to the control and direction of the Director General.
(6) The ranks of Fire Officers, Auxiliary Fire Officers and Voluntary Fire Officers are as set out in the Second Schedule.
(7) The Minister may, by order published in the Gazette, amend the Second Schedule.
Auxiliary Fire Officers
(1) The Director General may, with the concurrence of the Minister, appoint such number of Auxiliary Fire Officers for each State on such terms and conditions as may be prescribed.
(1a) The Director General may promote an Auxiliary Fire Officer.
(2) Auxiliary Fire Officers shall not be paid any remuneration other than such allowances as the Minister may, with the concurrence of the Minister of Finance, prescribe.
(3) Auxiliary Fire Officers shall be subject to the immediate control and direction of the respective State Directors.
(4) An Auxiliary Fire Officer shall be deemed to be a public servant within the meaning of the Penal Code [Act 574].
Voluntary Fire Officers
(1) The Director General may, with the concurrence of the Minister, appoint such number of Voluntary Fire Officers on such terms and conditions as may be prescribed.
(2) The Director General may promote a Voluntary Fire Officer.
(3) The Director General may terminate the appointment made under subsection (1).
(4) Voluntary Fire Officers shall not be paid any remuneration other than such allowances as the Minister may, with the concurrence of the Minister of Finance, prescribe.
(5) Voluntary Fire Officers shall be subject to the immediate control and direction of the Director General.
Establishment of Voluntary Fire Brigade
(1) A Voluntary Fire Brigade consisting of at least two Voluntary Fire Officers may apply to be registered with the Registrar.
(2) The Registrar may, after considering the application under subsection (1), approve or reject the application.
(3) The Registrar shall, when approving the registration of the Voluntary Fire Brigade, assign a fire cover to the Voluntary Fire Brigade.
(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.
Registrar, Deputy Registrar and Assistant Registrar
(1) The Registrar shall maintain a register of Voluntary Fire Officers and a register of Voluntary Fire Brigades.
(2) The register shall contain—
(a) the names and any other particulars as required by the Registrar of every Voluntary Fire Officer appointed and every Voluntary Fire Brigade registered and their fire cover; and
(b) the names and any other particulars as required by the Registrar of every Voluntary Fire Officer whose appointment has been terminated and every Voluntary Fire Brigade whose registration has been cancelled.
(3) The Registrar may appoint a Deputy Registrar and such number of Assistant Registrars from amongst the Fire Officers who shall be subject to the direction and control of the Registrar.
(4) The Registrar shall have the powers and exercise the functions conferred on him by this Act, and in his absence such powers and functions may be exercised by the Deputy Registrar.
(5) The Deputy Registrar or the Assistant Registrar may exercise all the powers and functions conferred on the Registrar by or under this Act subject to any restriction that may be imposed by the Registrar.
Appeal
Where an appointment of an Auxiliary Fire Officer or a Voluntary Fire Officer is terminated by the Director General, an appeal may be made to the Minister, as prescribed.
Duties of Fire and Rescue Department
(1) The duties of the Fire and Rescue Department shall include—
(a) the taking of lawful measures for—
(i) extinguishing, fighting, preventing and controlling fires;
(ii) protecting life and property in the event of a fire;
(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 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.
Uniform and identification card
(1) Every Fire Officer, Auxiliary Fire Officer and Voluntary Fire Officer shall be issued with uniform and rank markings as may be prescribed by the Minister.
(2) Every Fire Officer and Auxiliary Fire Officer shall be issued with an identification card in the prescribed form.
Exercise of powers and performance of duties
(1) The powers and duties of the Director General under subsections 4(1), 22(1), sections 29, 35a, 46 and 50 may, subject to the control and direction of the Director General, be exercised or performed by a State Director, but the exercise or performance by a State Director of those powers and duties shall be confined to the State for which he is appointed unless the Director General, by notification in the Gazette, extends his jurisdiction generally in respect of those powers and duties or any of them to some other State or States or part thereof.
(2) Subject to the provisions of subsection (1) and subject to such conditions or restrictions as the Director General thinks fit, the Director General may, in writing, delegate the exercise of any of his powers or the performance of any of his duties under this Act to any Fire Officer, and where the Director General acts under this subsection, he shall specify the territorial limits and the duration of the delegated jurisdiction.
(3) The exercise of powers or the performance of duties delegated under subsection (2) shall be subject to the control and direction of the Director General.
Conferment of medal or honorary rank
The Director General may determine matters relating to the conferment of medal or honorary rank to any person as he deems fit.
Standing orders
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.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
