/akn/my/act/amendment_act/2018/A1568
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FIRE SERVICES (AMENDMENT) 2018 is Malaysia Amendment Act, cited as Amendment Act A1568 2018, currently marked in force and first recorded in 2018.
Opening note
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.
Amendment of long title
The Fire Services Act 1988 [Act 341], which is referred to as the “principal Act” in this Act, is amended by inserting after the words “property from fire risks” the words “or emergencies”.
Amendment of section 2
in paragraph (f), by deleting the word “or” at the end of the paragraph;
in paragraph (g), by inserting after the semicolon at the end of the paragraph the word “or”; and
by inserting after paragraph (g) the following paragraph:
“(h) controlling the spread of smoke resulting from a fire;”;
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
Section 3 of the principal Act is amended—
in subsection (2), by deleting the words “Assistant Directors
General of Fire and Rescue,”;
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
Section 4 of the principal Act is amended—
by inserting after subsection (1) the following subsection:
“(1a) The Director General may promote an Auxiliary
Fire Officer.”.
New sections 4a, 4b, 4c and 4d
The principal Act is amended by inserting after section 4 the following sections:
“Voluntary Fire Officers 4a. (1) The Director General may, with the concurrence of the Minister, appoint such number of Voluntary Fire Officers on such terms and conditions as may be prescribed.
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 names and any other particulars as required by the
Registrar of every Voluntary Fire Officer appointed and every Voluntary Fire Brigade registered and their fire cover; and
Fire Services (Amendment)
the names and any other particulars as required by the Registrar of every Voluntary Fire Officer whose appointment has been terminated and every
Voluntary Fire Brigade whose registration has been cancelled.
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.”.
Amendment of section 6
Subsection 6(1) of the principal Act is amended by substituting for the words “and Auxiliary Fire Officer” the words “, Auxiliary
Fire Officer and Voluntary Fire Officer”.
New sections 7a and 7b
The principal Act is amended by inserting after section 7 the following sections:
“Conferment of medal or honorary rank 7a. The Director General may determine matters relating to the conferment of medal or honorary rank to any person as he deems fit.
Standing orders 7b. The Director General may issue standing orders for the general control, direction and information of Fire Officers,
Auxiliary Fire Officers and Voluntary Fire Officers under this Act.”.
Amendment of section 18
in the shoulder note, by inserting after the words “Fire
Officers” the words “or Auxiliary Fire Officers”;
by inserting after the words “Fire Officer” the words “or an Auxiliary Fire Officer”;
in paragraph (e), by substituting for the full stop at the end of the paragraph a semicolon; and
by inserting after paragraph (e) the following paragraphs:
“(f) remove or direct the transfer of flammable, explosive or hazardous material within or in the vicinity of the premises;
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.”.
New section 18a
The principal Act is amended by inserting after section 18
the following section:
“Power to obtain information 18a. (1) For the purpose of paragraph 5(1)(b), a Fire Officer may, by notice in writing served on a person, require the person—
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
Section 20 of the principal Act is amended—
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”.
New section 27a
The principal Act is amended by inserting after section 27
the following section:
“Fire safety organization in designated premises 27a. (1) The owner, occupier or person having the overall management of the designated premises shall establish a fire safety organization.
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
Section 29 of the principal Act is amended—
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
Section 32 of the principal Act is amended—
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 the English language text, by substituting for the word “facilities” wherever appearing the words “fire-fighting equipment or fire safety installation”; and
in the national language text, by substituting for the words “kemudahan” and “kelengkapan”, respectively the words “kelengkapan menentang kebakaran atau pepasangan keselamatan kebakaran”; and
in subsection (4), by substituting for the word “facilities”
wherever appearing the words “fire-fighting equipment or fire safety installation”.
Amendment of section 33
Section 33 of the principal Act is amended by inserting after the words “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”.
Amendment of section 45
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
Section 51 of the principal Act is amended—
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.”.
Amendment of section 56
Section 56 of the principal Act is amended, by inserting after the words “an offence” the words “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”.
New section 61a
The principal Act is amended by inserting after section 61
the following section:
“Duty to inform upon an outbreak of fire 61a. 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.”.
Amendment of section 62
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
by substituting for the words “one thousand” the words “ten thousand”; and
by substituting for the words “six months” the words
“three years”.
Substitution of Second Schedule
The principal Act is amended by substituting for the Second
Schedule the following Schedule:
“Second Schedule
[Subsection 3(6)]
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
Assistant Fire Superintendent
Deputy Fire Superintendent
Senior Assistant Fire Superintendent
Assistant Fire Superintendent
KUALA LUMPUR
WJW010905 00-00-0000
Fire Officers
Lead Fire Officer
Senior Fire Officer I
Senior Fire Officer II
Fire Officer
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”.
Savings and transitional provisions
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.