Fire-hazard abatement notice
(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 the premises regardless of whether he is the person by reason of whose act, default or sufferance the firehazard 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
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
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.
Power of Director General to abate fire-hazard on non- compliance with fire-hazard abatement notice
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
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 firehazard and to prevent a recurrence thereof.
Closing order
(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.
(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
(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
(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.
(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
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
(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 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 or Auxiliary Fire Officers on occasion of fire
(1) On the occasion of a fire, a Fire Officer or an Auxiliary 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 and Rescue 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;
(f) remove or direct the transfer of flammable, explosive or hazardous material within or in the vicinity of the premises;
(g) shut off or disconnect or direct any person having the control thereof to shut off or disconnect any energy supply including gas supply, fuel supply or electricity supply within or in the vicinity of the premises; and
(h) remove, by force if necessary, any vehicles or objects obstructing the operations of the Fire and Rescue Department.
(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.
(3) For the purpose of paragraph (1)(e), no payment shall be imposed by any person or water authority on the Fire and Rescue Department for the use of water in carrying out their duties under this Act.
Power to obtain information
(1) For the purpose of paragraph 5(1)(b), a Fire Officer may, by notice in writing served on a person, require the person—
(a) to provide all information relating to the fire; and
(b) to appear before a Fire Officer to give an oral statement and a Fire Officer shall, as soon as practicable, reduce the oral statement into writing.
(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.
Powers of Fire Officers in emergencies not involving fire
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, Auxiliary Fire Officers and Voluntary Fire Officers
No Fire Officer, Auxillary Fire Officer or Voluntary Fire Officer acting in good faith under powers conferred by this Act shall be liable to any action 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
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.
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).
