Fire Services (Amendment) 2018

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette and the Minister may appoint diferrent dates for the coming into operation of different provisions of this Act.

in the definition of “fire-fighting equipment or fire safety installation”—

in paragraph (f), by deleting the word “or” at the end of the paragraph;

by inserting after the definition of “fire-fighting equipment or fire safety installation” the following definition:

‘ “vehicle” has the meaning assigned to it in the

Road Transport Act 1987 [Act 333];’;

by inserting after the definition of “notice” the following definition:

‘ “Voluntary Fire Brigade” means a Voluntary Fire

Brigade established under section 4b;’;

in the definition of “Senior Fire Officer”, by substituting for the words “Assistant Superintendent” the words

“Assistant Fire Superintendent”;

by inserting after the definition of “owner” the following definition:

‘ “Registrar” means the Director General;’; and

in the definition of “special duty”, by substituting for the words “authorized officer” the words “Fire Officer,

Auxiliary Fire Officer or Voluntary Fire Officer”.

Fire Services (Amendment)

5

Amendment of section 3

in subsection (2), by deleting the words “Assistant Directors

General of Fire and Rescue,”;

in subsection (4), by deleting the words “, Assistant

Director General,”;

in subsection (6), by substituting for the words “and

Auxiliary Fire Officers” the words “, Auxiliary Fire

Officers and Voluntary Fire Officers”; and

by inserting after subsection (6) the following subsection:

“(7)  The Minister may, by order published in the

Gazette, amend the Second Schedule.”.

Amendment of section 4

in the shoulder note, by deleting the words “Appointment of”; and

by inserting after subsection (1) the following subsection:

“(1a)  The Director General may promote an Auxiliary

Fire Officer.”.

The Director General may promote a Voluntary Fire

Officer.

The Director General may terminate the appointment made under subsection (1).

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.

Voluntary Fire Officers shall be subject to the immediate control and direction of the Director General.

Establishment of Voluntary Fire Brigade 4b.  (1)  A Voluntary Fire Brigade consisting of at least two

Voluntary Fire Officers may apply to be registered with the

Registrar.

The Registrar may, after considering the application under subsection (1), approve or reject the application.

The Registrar shall, when approving the registration of the Voluntary Fire Brigade, assign a fire cover to the

Voluntary Fire Brigade.

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 4c.  (1)  The Registrar shall maintain a register of Voluntary

Fire Officers and a register of Voluntary Fire Brigades.

The register shall contain—

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.

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.

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 4d.  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.”.

in the shoulder note, by inserting after the words “Fire

Officers” the words “or Auxiliary Fire Officers”;

in subsection (1)—

by inserting after the words “Fire Officer” the words “or an Auxiliary Fire Officer”;

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

remove, by force if necessary, any vehicles or objects obstructing the operations of the Fire and Rescue Department.”; and

Fire Services (Amendment)

by inserting after subsection (2) the following subsection:

“(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.”.

to provide all information relating to the fire; and

to appear before a Fire Officer to give an oral statement and a Fire Officer shall, as soon as practicable, reduce the oral statement in writing.

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.”.

Amendment of section 20

in the shoulder note, by substituting for the words “and

Auxiliary Fire Officers” the words “, Auxiliary Fire

Officers and Voluntary Fire Officers”; and

by substituting for the words “or Auxiliary Fire Officer”

the words “, Auxillary Fire Officer or Voluntary Fire

Officer”.

Any owner, occupier or person having the overall management of the designated premises who fails to comply with subsection (1) 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.”.

Amendment of section 29

in subsection (4), by substituting for the words “life safety, fire prevention, fire protection and fire-fighting facilities, as the case may be,” the words “fire-fighting equipment or fire safety installation”; and

in subsection (5), by substituting for the word “facilities” the words “fire-fighting equipment or fire safety installation”.

Amendment of section 32

in the shoulder note, by substituting for the words “life safety facilities, etc.” the words “fire-fighting equipment or fire safety installation”;

in subsection (1), by substituting for the words “life safety, fire prevention, fire protection and fire-fighting facilities” the words “fire-fighting equipment or fire safety installation”;

Fire Services (Amendment)

in subsection (3)—

in the English language text, by substituting for the word “facilities” wherever appearing the words “fire-fighting equipment or fire safety installation”; and

in subsection (4), by substituting for the word “facilities”

wherever appearing the words “fire-fighting equipment or fire safety installation”.

by substituting for the shoulder note the following shoulder note:

“Fire Enquiry Commission”; and

in subsection (1), by inserting after the words “any person or persons” the words “to form a commission and”.

Amendment of section 51

in the shoulder note, by inserting after the words “Fire

Officers” the words “, Auxiliary Fire Officer or

Voluntary Fire Officer”;

by substituting for the words “or Auxiliary Fire Officer”

the words “, Auxiliary Fire Officer or Voluntary Fire

Officer”;

by substituting for the words “the officer-in-charge” the words “a Fire Officer”; and

by inserting after the words “shall be guilty of an offence”

the words “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.”.

in paragraph (1)(ca), by inserting after the word

“establishment” the words “, duties and powers”;

in paragraph (1)(d), by inserting after the word

“establishment” the words “, duties and powers”;

Fire Services (Amendment)

in paragraph (1)(e), by substituting for the words “and

Auxiliary Fire Officers” the words “, Auxiliary Fire

Officers and Voluntary Fire Officers”;

in paragraph (1)(f), by inserting after the words “Auxiliary

Fire Officers” the words “and Voluntary Fire Officers”;

and

in subsection (2)—

by substituting for the words “one thousand” the words “ten thousand”; and

RANKS OF FIRE OFFICERS

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

RANKS OF AUXILIARY FIRE OFFICERS

Lead Auxiliary Fire Officer

Senior Auxiliary Fire Officer I

Senior Auxiliary Fire Officer II

Auxiliary Fire Officer

RANKS OF VOLUNTARY FIRE OFFICERS

Lead Voluntary Fire Officer

Senior Voluntary Fire Officer I

Senior Voluntary Fire Officer II

Voluntary Fire Officer”.

All matters relating to the Voluntary Fire Brigade shall, on the coming into operation of this Act, be dealt with under the principal Act as amended by this Act.