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LA WS OF MALA YSIA - reg.upm.edu.my

1 Fire ServicesLAWS OF MALAYSIAREPRINTAct 341 FIRE SERVICES ACT 1988 Incorporating all amendments up to 1 January 2006 PUBLISHED BYTHE COMMISSIONER OF LAW REVISION, MALAYSIAUNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968IN COLLABORATION WITHPERCETAKAN NASIONAL MALAYSIA BHD20062 FIRE SERVICES ACT 1988 Date of Royal May 1988 Date of publication in the June 1988 PREVIOUS REPRINTF irst OF MALAYSIAAct 341 FIRE SERVICES ACT 1988 ARRANGEMENT OF SECTIONSPART title and Fire Services Department and its of Auxiliary Fire of Fire Services and identification of powers and performance of dutiesPART IIIABATEMENT OF abatement of Director General to abate fire-hazard in vacant or of failing to comply with fire-hazard abatement of Director General to abate fire-hazard on non-compliance withfire-hazard

F ire Services 1 LA WS OF MALA YSIA REPRINT Act 341 F IR E S E R V IC E S A C T 1988 Incorporating all amendments up to 1 January 2006

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Transcription of LA WS OF MALA YSIA - reg.upm.edu.my

1 1 Fire ServicesLAWS OF MALAYSIAREPRINTAct 341 FIRE SERVICES ACT 1988 Incorporating all amendments up to 1 January 2006 PUBLISHED BYTHE COMMISSIONER OF LAW REVISION, MALAYSIAUNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968IN COLLABORATION WITHPERCETAKAN NASIONAL MALAYSIA BHD20062 FIRE SERVICES ACT 1988 Date of Royal May 1988 Date of publication in the June 1988 PREVIOUS REPRINTF irst OF MALAYSIAAct 341 FIRE SERVICES ACT 1988 ARRANGEMENT OF SECTIONSPART title and Fire Services Department and its of Auxiliary Fire of Fire Services and identification of powers and performance of dutiesPART IIIABATEMENT OF abatement of Director General to abate fire-hazard in vacant or of failing to comply with fire-hazard abatement of Director General to abate fire-hazard on non-compliance withfire-hazard

2 Abatement of Director General to abate fire-hazard in cases of order4 Laws of MalaysiaACT against closing order or refusal to make closing of property removed by Director of expenses incurred in carrying out work under section of expenses incurred in carrying out work under section of Fire Officers on occasion of of Fire Officers in emergencies not involving of Fire Officers and Auxiliary Fire by fire to include damage resulting from fire-fightingPART IVWATER AND FIRE of water in premises for fire-fighting of works affecting fire of water authority to notify the State Director of any actionaffecting the flow of water to a fire to fix fire hydrant location and misuse of fire hydrantsPART VFIRE of Director General to determine and designate particular uses,size, or location, of of fire for, and issue of, fire of fire of fees for the issue of fire of conditions affecting adequacy of life safety facilities.

3 In relation to fire of s power to prohibit or restrict use of certain of Director General to order activity to cease in cases of against order of Director General to cease against prohibitory order or refusal to make prohibitory orderSection5 Fire ServicesPART of of on disclosure of to arrest without of to require attendance of of of prosecutionPART VIIENQUIRIES INTO into possession of premises and other property damaged or destroyedby presence in premises possession whereof has been takenunder section 46 PART VIIIWELFARE of Services Department Welfare Fund for Fund to be raised only with and application of FundPART duty and expenses with Fire Officers in execution of his to comply with wearing of uniform6 Laws of MalaysiaACT of documents, false statements, in respect of fire of false report of by body of to apply Act to vessels and movable of notices and other to make SCHEDULESECOND SCHEDULES ection7 Fire ServicesLAWS OF MALAYSIAAct 341 FIRE SERVICES ACT 1988An Act to make necessary provision for the effective and efficientfunctioning of the Fire Services Department, for the protection ofpersons and property from fire risks and for purposes connectedtherewith.

4 [Throughout Malaysia 1 January 1989, (B) 701/1988]BE IT ENACTED by the Seri Paduka Baginda Yang di-PertuanAgong with the advice and consent of the Dewan Negara andDewan Rakyat in Parliament assembled, and by the authority ofthe same, as follows:PART IPRELIMINARYS hort title and commencement1.(1)This Act may be cited as the Fire Services Act 1988.(2)This Act shall come into operation on a date to be appointedby the Minister by notification in the Gazette; and different datesmay be appointed for the coming into operation of this Act, or ofdifferent provisions of this Act, in Peninsular Malaysia, the Stateof Sabah, and the State of Sarawak this Act, unless the context otherwise requires authorized officer means the Director General and any FireOfficer or Auxiliary Fire Officer authorized by the Director Generalin writing to act under the provisions of this Act;8 Laws of MalaysiaACT 341 Auxiliary Fire Officer means an Auxiliary Fire Officer appointedunder section 4.

5 Calamity means an occurrence by which life or property is oris likely to be endangered; closing order means an order made under section 13 thatprohibits such use of any premises as is specified in the order, theuse of which may materially increase the likelihood of a fire orthe danger to life or property resulting from the outbreak of a firein or on the premises or other premises; Committee means the Fire Services Department Welfare FundCommittee 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 ofissuance of a fire certificate; Director includes a State Director; Director General means the Director General of Fire Servicesappointed pursuant to subsection 3(2); fire certificate means a fire certificate issued by the DirectorGeneral under subsection 29(4); fire-fighting equipment or fire safety installation means anyequipment or installation for (a)extinguishing, fighting, preventing, or limiting a fire;(b)giving warning of a fire.

6 (c)providing access to any premises or place or to any partthereof for the purpose of extinguishing, fighting,preventing, or limiting a fire;(d)providing emergency power supply in the event of normalpower failure;9 Fire Services(e)providing emergency lighting for purposes of escape frombuildings;(f)giving direction towards an escape route or place of refuge;or(g)providing adequate, safe egress for the purpose ofevacuation or exit of occupants in the event of fire; fire-hazard means (a)any unlawful alteration to any building such as mightrender escape from any part thereof in the event of a firematerially more difficult or less easy than it would be ifthe alteration had not been made;(b)the overcrowding of any place of public entertainment orpublic gathering such as might render escape from anypart thereof in the event of a fire difficult;(c)any removal or absence from any building of anyfire- fighting equipment or fire safety installation that isrequired by law to be provided in the building;(d)the presence within or outside any building of anyfire-fighting equipment or fire safety installation or anyfacility, installed in accordance with the requirement ofany written law or as required by the Fire ServicesDepartment, that is not in efficient working order.

7 (e)inadequate means of exit from any part of a building toany place, whether within or outside the building, thatprovides safety to persons in the event of a fire; or(f)any other matter or circumstance that materially increasesthe likelihood of a fire or the danger to life or propertythat would result from the outbreak of a fire, or thatwould materially hamper the Fire Services Departmentin the discharge of its duties in the event of a fire; Fire Officer means a person employed in the Fire ServicesDepartment to perform duties in the performance of which he isrequired or permitted to wear a uniform; Fund means the Fire Services Department Welfare Fundestablished under section 48;10 Laws of MalaysiaACT 341 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 betraced, his agent or trustee;(c)if the registered proprietor of the premises is dead, hislegal personal representative.

8 (d)if none of the persons mentioned in paragraphs (a), (b)and (c) exists, the person who for the time being isreceiving the rent of the premises, whether on his ownaccount or as an agent or trustee of another person or asa receiver, or who would be receiving the rent if thepremises were let; premises includes messuages, houses, buildings or part of abuilding, lands, tenements, easements and hereditaments of anytenure, whether open or enclosed, whether built on or not, whetherpublic or private, and whether maintained or not under statutoryauthority; prescribed means prescribed by regulations made underthis Act; Senior Fire Officer means a Fire Officer of any rank from andincluding that of Director General down to and including that ofAssistant Superintendent; special duty means any duty or service rendered by anyauthorized officer, other than fire-fighting or emergency duties, asauthorized by the Director General under section 50; State includes the Federal Territory; State Director means a Director of Fire Services appointed fora State pursuant to subsection 3(3); this Act includes regulations and other subsidiary legislationmade under this Act.

9 11 Fire Services vessel includes every kind of steam or sailing vessel, hulk,junk, boat, sampan or any kind of raft used for the conveyance ofpersons or things by water or for storage; water authority means any person or body who is authorizedor required under any written law to supply water and to levycharges for such IIADMINISTRATIONThe Fire Services Department and its officers3.(1)There shall be a Fire Services Department of the Federation.(2)There shall be a Director General of Fire Services and suchnumber of Deputy Directors General of Fire Services, AssistantDirectors General of Fire Services, Directors of Fire Services, andother Senior Fire Officers and Fire Officers as may be necessaryfor the effective and efficient functioning of the Department.

10 (3)There shall be a Director of Fire Services for each of theStates of Malaysia.(4)The appointment of the Director General and of every DeputyDirector General, Assistant Director General, and Director shallbe notified in the Gazette.(5)Every Fire Officer shall be subject to the control and directionof the Director General.(6)The ranks of Fire Officers and Auxiliary Fire Officers areas set out in the Second of Auxiliary Fire Officers4.(1)The Director General may, with the concurrence of theMinister, appoint such number of Auxiliary Fire Officers for eachState on such t


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