Malaysia legislation

Section 2

of FIRE SERVICES ACT 1988

Section 2

In this Act, unless the context otherwise requires—

“this Act” includes regulations and other subsidiary legislation made under this Act;

“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 and Rescue

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 and Rescue Department in the discharge of its duties in the event of a fire;

“calamity” means an occurrence by which life or property is or is likely to be endangered;

“prescribed” means prescribed by regulations made under this

Act;

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“Committee” means the Fire Services Department Welfare Fund

Committee established under section 48a;

“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;

(e)

providing emergency lighting for purposes of escape from buildings;

(f)

giving direction towards an escape route or place of refuge;

(g)

providing adequate and safe egress for the purpose of evacuation or exit of occupants in the event of fire; or

(h)

controlling the spread of smoke resulting from a fire;

“vehicle” has the meaning assigned to it in the Road Transport

Act 1987 [Act 333];

“Director General” means the Director General of Fire and

Rescue appointed pursuant to subsection 3(2);

“Fund” means the Fire Services Department Welfare Fund established under section 48;

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

has a corresponding meaning;

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

“State” includes the Federal Territory;

“notice” means a notice in writing;

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“Voluntary Fire Brigade” means a Voluntary Fire Brigade established under section 4B;

“Fire Officer” means a person employed in the Fire and Rescue

Department to perform duties in the performance of which he is required or permitted to wear a uniform;

“Auxiliary Fire Officer” means an Auxiliary Fire Officer appointed under section 4;

“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;

“Senior Fire Officer” means a Fire Officer of any rank from and including that of Director General down to and including that of Assistant Fire Superintendent;

“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;

“Registrar” means the Director General;

“Director” includes a State Director;

“State Director” means a Director of Fire and Rescue appointed for a State pursuant to subsection 3(3);

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

General under subsection 29(4);

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“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;

“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;

“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;

“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;

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

Officer, Auxiliary Fire Officer or Voluntary Fire Officer, other than fire-fighting or emergency duties, as authorized by the Director

General under section 50;

“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.