Malaysia legislation

Section 11

of FIRE SERVICES (AMENDMENT) ACT 2025

Section 11

New Parts Va and Vb

The principal Act is amended by inserting after Part V the following parts:

“Part Va

FIRE SAFETY CONSULTANT, FIRE SAFETY CONSULTANT FIRM,

COMPETENT PERSON, FIRE SAFETY CONTRACTOR,

TRAINING PROVIDER AND INSTRUCTOR

Appointment of Controller 36a. The Director General may appoint a Controller from amongst Senior Fire Officers which shall have the following functions:

(a)

decides on any application made under this Part and Part Vb;

(b)

issues certificate of registration under this Part and certificate under Part Vb; and

(c)

keeps and maintains a register of—

(i)

fire safety consultant and fire safety consultant firm;

(ii)

competent person and fire safety contractor;

(iii)

training provider and instructor; and

(iv)

fire-fighting equipment or fire safety installation prescribed by the Minister to be registered.

Register 36b. The Register under paragraph 36a(c) shall be kept in any form and shall contain any particulars as may be determined by the Director General.

Requirement for registration of fire safety consultant and fire safety consultant firm 36c. No person shall prepare a fire risk analysis report unless the person is registered as a fire safety consultant or fire safety consultant firm, as the case may be, under this Part.

Requirement for registration of competent person and fire safety contractor 36d. (1) No person shall install, test, service, recharge or repair any fire-fighting equipment or fire safety installation prescribed by the Minister to be registered, unless that person is registered as a competent person in accordance with the category as may be prescribed or as a fire safety contractor, as the case may be, under this Part.

(2)

Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Fire Services (Amendment)

Requirement for registration of training provider and instructor 36e. (1) No person shall carry out any training in relation to the matters specified in the Third Schedule unless that person is registered as a training provider or instructor, as the case may be, under this Part.

(2)

Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit.

(3)

The Minister may, by order published in the Gazette, amend the Third Schedule.

Qualification for registration as fire safety consultant, fire safety consultant firm, etc.

Quoted provision

Section 36f

Any person may apply to be registered as fire safety consultant, fire safety consultant firm, competent person, fire safety contractor, training provider or instructor if that person fulfils the conditions as may be prescribed.

Quoted provision

Section 36g

Application for registration as fire safety consultant, fire safety consultant firm, etc.

(a)

in the manner as may be determined by the Director General;

(b)

by producing any document or information as may be determined by the Director General; and

(c)

by paying the prescribed fee.

(2)

The Controller may, in writing, at any time after the receipt of an application under subsection (1) and before the application is determined, require the applicant to provide the Controller any additional document or information within the period specified by the Controller.

(3)

If the applicant fails to comply with the requirements under subsection (2), the application for registration shall be deemed to be withdrawn without affecting the right of the applicant to make a new application.

(4)

After considering the application under subsection (1), the Controller may—

(a)

approve the application and issue to the applicant, upon payment of the prescribed fee, a certificate of registration in the form as may be determined by the Director General; or

(b)

refuse the application by stating the grounds for the refusal.

(5)

A certificate of registration issued under this section is valid for a period as specified in the certificate of registration.

Renewal of certificate of registration 36h. (1) Any person who holds a certificate of registration issued under paragraph 36g(4)(a) may, in the manner as may be determined by the Director General, apply to renew the certificate of registration at least thirty days before the date of expiry of the certificate of registration.

(2)

The application under subsection (1) may be made—

(a)

by producing any information, particulars or document as may be determined by the Director General; and

(b)

by paying the prescribed fee.

(3)

(4)

If the applicant fails to comply with the requirements under subsection (3), the application for renewal of certificate of registration shall be deemed to be withdrawn without affecting the right of the applicant to make a new application.

Fire Services (Amendment)

(5)

After considering the application under subsection (1), the Controller may—

(a)

approve the application and renew the certificate of registration upon payment of the prescribed fee; or

(b)

refuse the application by stating the grounds for the refusal.

Revocation of certificate of registration 36i. (1) Subject to subsection (2), the Controller may revoke the certificate of registration issued under paragraph 36g(4)(a)

if the Controller is satisfied that the fire safety consultant, fire safety consultant firm, competent person, fire safety contractor, training provider or instructor—

(a)

has contravened any provision of this Act;

(b)

has breached any condition of the certificate of registration; or

(c)

has been convicted of an offence under this Act.

(2)

The Controller shall, before revoking the certificate of registration under subsection (1), give an opportunity to the fire safety consultant, fire safety consultant firm, competent person, fire safety contractor, training provider or instructor, as the case may be, to make any representation in writing against the revocation.

(3)

Any fire safety consultant, fire safety consultant firm, competent person, fire safety contractor, training provider or instructor whose registration has been revoked under subsection (1) shall not be entitled to claim—

(a)

any compensation for any loss caused by the revocation;

and

(b)

any refund of the fee paid under this Part.

Appeal against decision of Controller 36j. Any person aggrieved by the decision of the Controller made under this Part may, within fourteen days after being informed in writing of the decision, appeal to the Director General against the decision in the manner as may be determined by the Director General and the decision of the Director General shall be final.

Part Vb

FIRE-FIGHTING EQUIPMENT OR FIRE SAFETY INSTALLATION

Requirement for registration of fire-fighting equipment or fire safety installation 36k. (1) The Minister may prescribe any fire-fighting equipment or fire safety installation which shall be registered under this Part.

(2)

No fire-fighting equipment or fire safety installation which is prescribed under subsection (1) may be installed or sell for installation by any person, at any premises, unless the fire-fighting equipment or fire safety installation has been registered under this Part.

(3)

Any person who contravenes subsection (2) commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.

Application for registration of fire-fighting equipment or fire safety installation 36l. (1) An application for registration of a fire-fighting equipment or fire safety installation which is prescribed under section 36k may be made to the Controller—

(a)

in the manner as may be determined by the Director General;

(b)

by producing any document or information as may be determined by the Director General; and

(c)

by paying the prescribed fee.

Fire Services (Amendment)

(2)

(3)

(4)

Upon receiving the application under subsection (1), the Controller may inspect or test the fire-fighting equipment or fire safety installation if the Controller thinks fit and necessary to do so.

(5)

After considering the application under subsection (1), the Controller may—

(a)

approve the application and issue to the applicant, upon payment of the prescribed fee, a certificate in the form as may be determined by the Director

General; or

(b)

refuse the application by stating the grounds for the refusal.

Revocation and suspension of certificate 36m. (1) Subject to subsection (2), the Director General may revoke or suspend the certificate issued under paragraph 36l(5)(a)

if the Controller is satisfied that the holder of the certificate fails to comply with any condition of the certificate.

(2)

If the certificate is suspended under subsection (1), the Controller may require the holder of the certificate to remedy the contravention or breach within the period as determined by the Controller.

(3)

If the Controller is satisfied that the holder of the certificate fails to remedy the contravention or breach as required under subsection (2), or the contravention or breach continues after the certificate is suspended under subsection (1), the Controller may revoke the certificate.

Appeal against decision of Controller 36n. Any person aggrieved by the decision of the Controller made under this Part may, within fourteen days after being informed in writing of the decision, appeal to the Director General against the decision in the manner as may be determined by the Director General and the decision of the Director General shall be final.

Testing laboratory for fire-fighting equipment or fire safety installation 36o. For the purposes of registration of a fire-fighting equipment or fire safety installation which is prescribed under section 36k, the Director General may issue a list of laboratories for the testing of the fire-fighting equipment or fire safety installation.”.

Substitution of section 44

Read in full context — FIRE SERVICES (AMENDMENT) ACT 2025 →