Special duty and expenses thereof
(1) On the application of any person, the Director General may, if he thinks fit, detail any authorized officer to do special duty in, upon or about any premises, vessel, vehicle, aircraft or any movable structures specified by the applicant and, for that purpose, furnish such equipment as he may deem necessary.
(2) The applicant shall pay to the Director General for the services of any authorized officer so detailed and for the use of equipment so furnished such fees as may be prescribed.
Interfering with Fire Officers, Auxiliary Fire Officer or Voluntary Fire Officer in execution of his duty
Any person who wilfully abuses, assaults, disturbs, hinders, obstructs or interferes with any Fire Officer, Auxiliary Fire Officer or Voluntary Fire Officer acting in the execution of his duty or any other person assisting the Fire and Rescue Department under specific directions of a Fire Officer shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both.
Failure to comply with direction
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
Any person who, not being a Fire Officer or an Auxiliary Fire Officer, wears without the permission of the Director General any uniform of the Fire and Rescue Department or any dress which bears the distinctive marks of, or which is likely to be mistaken for, any such uniform shall be guilty of an offence.
Falsification of documents, false statements, etc.
Any person who—
(a) with intent to deceive, makes or forges a fire certificate or has in his possession an unauthorized fire certificate; or
(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; or
(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
Any person who damages, conceals, activates or deactivates any fire alarm without reasonable excuse shall be guilty of an offence.
Giving of false report of fire
Any person who wilfully gives or causes to be given a false report of fire or other calamity shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Offences by body corporate
(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
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
(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.
Power to apply Act to vessels and movable structures
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
(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 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 prepaid 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 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 prepaid 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.
Duty to inform upon an outbreak of fire
Upon an outbreak of fire on any premises, vehicle or vessel, the owner of the premises, vehicle or vessel, or the occupier or the person having the overall management of the premises, shall immediately inform the outbreak of a fire to the nearest fire station.
Power to make regulations
(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, duties and powers of voluntary fire-brigades;
(d) regulating the establishment, duties and powers of fire safety organization in designated premises;
(e) prescribing the uniforms, rank markings, identification cards and necessaries to be supplied to Fire Officers, Auxiliary Fire Officers and Voluntary Fire Officers;
(f) providing for all matters relating to Auxiliary Fire Officers and Voluntary 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 ten thousand ringgit or imprisonment for a term not exceeding three years 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
(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.
First Schedule
FIRE SERVICES ACT 1988
FORM A
[Subsection 8(1)]
Fire-Hazard Abatement Notice
To................................................... ....................................................... .......................................................
Take Notice that the *Director General of Fire and Rescue, being satisfied of the existence in .......................................................................................... (premises) of a fire-hazard being ...................................................................................., (describe the fire-hazard)
do hereby, pursuant to subsection 8(1) of the Fire Services Act 1988, require you, within .................................................. from the service of this notice,
(1) to abate the fire-hazard and for that purpose to ........................................ ........................................................................................................................... (specify the works to be executed)
and (2)** to do whatever is necessary for preventing the recurrence of the fire-hazard and for that purpose to ................................................................. .......................................................................................................................... (specify the works to be executed)
Take Notice That if you fail to comply with any requirement of this notice within the time specified, you will be committing an offence for which, on conviction, you may be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both and to a further fine of one hundred ringgit for each day during which the offence is continued after conviction.
Dated the ................. day of ............... 20 ...............
.............................................................. (Director General of Fire and Rescue)
* “or any Fire Officer to whom the Director General has delegated his power”. ** Delete if the need does not arise.
FIRE SERVICES ACT 1988
FORM B
[Subsection 8(2)]
Subsequent Fire-Hazard Abatement Notice
To................................................... ....................................................... .......................................................
Take Notice that the *Director General of Fire and Rescue, being satisfied that the fire-hazard for the abatement of which a fire-hazard abatement notice dated the .......................day of .......................was served on you ** [and which has since been abated] is likely to recur in ........................................................... ………………….…………………………………………………………………., (premises)
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 and Rescue)
* “or any Fire Officer to whom the Director General has delegated his power”. ** Delete if fire-hazard has not been abated.
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 and Rescue has, by way of a complaint, applied to this court for a closing order in respect of………………...…….... .......................................................................................................................... (premises)
on the grounds ................................................................................................. .......................................................................................................................... ..........................................................................................................................
A nd W hereas ….................................................................., 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, Non 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)
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 and Rescue 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............................... ......................................................................................................................... .........................................................................................................................
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 and Rescue is satisfied that there is in respect of.......................................................................................................... ......................................................................................................................... (premises)
an activity, namely ......................................................................................... and that any continuation of this activity would constitute an immediate danger of fire prejudicial to the safety of life and property;
And Whereas the Director General of Fire and Rescue is satisfied that any delay occasioned by an application for, and the obtaining of, a prohibitory order from the High Court would substantially increase the risk to such life or property:
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 and Rescue)
Second Schedule
[Subsection 3(6)]
(A) RANKS OF FIRE OFFICERS
(i) Fire Superintendent
Chief Fire Commissioner
Fire Commissioner
Deputy Fire Commissioner Senior Assistant Fire Commissioner
Assistant Fire Commissioner
Senior Fire Superintendent I
Senior Fire Superintendent II
Fire Superintendent
(ii) Assistant Fire Superintendent
Deputy Fire Superintendent
Senior Assistant Fire Superintendent
Assistant Fire Superintendent
(iii) Fire Officers
Lead Fire Officer
Senior Fire Officer I
Senior Fire Officer II
Fire Officer
(B) RANKS OF AUXILIARY FIRE OFFICERS
Lead Auxiliary Fire Officer
Senior Auxiliary Fire Officer I
Senior Auxiliary Fire Officer II
Auxiliary Fire Officer
(C) RANKS OF VOLUNTARY FIRE OFFICERS
Lead Voluntary Fire Officer
Senior Voluntary Fire Officer I
Senior Voluntary Fire Officer II
Voluntary Fire Officer
LAWS OF MALAYSIA
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).
