Malaysia legislation

Section 13

of FIRE SERVICES ACT 1988

Section 13

(a)

that person fails to comply with any of the requirements of the notice within the time specified therein; and

(b)

the fire-hazard, although abated since the service of the notice, is, in the opinion of the Director General, likely to recur in the same premises, and the Director General is of the opinion that it is necessary to prohibit any use of the premises that 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, the Director General may, by way of a complaint, apply to a court for a closing order.

(2)

Upon receipt of a complaint and an application for a closing order under subsection (1), the court shall serve a notice in Form C in the First Schedule on the owner or occupier of the premises, or on both, calling on them to show cause why a closing order should not be made; and if cause is not shown by either the owner or occupier or both, the court may make such an order.

0 WJW23/0425 Act 341 BI.indd 20 25/07/2023 9:14 AM

Fire Services 21

(3)

A closing order shall be in Form D in the First Schedule and shall be served on both the owner and occupier of the premises in question.

(4)

Upon the application by the owner or occupier of premises, or upon being informed by the Director General, the court, if satisfied that the premises in respect of which a closing order is in force have been rendered suitable for the use specified in the order, may revoke the closing order.

(5)

Any person who without reasonable excuse knowingly contravenes a closing order shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both and shall also be liable to a further fine of one hundred ringgit for each day during which the offence is continued after the conviction.

Appeals against closing order or refusal to make closing order