Malaysia legislation

Section 38

of FIRE SERVICES ACT 1988

Section 38

Power of entry

(a)

ascertaining whether there is, or has been, on or in connection with the premises, any contravention of any provision of this Act;

(b)

obtaining such information concerning the premises as is required for fire-fighting purposes, including the water supplies available to or at the premises and the means of access to such water supplies;

(c)

ascertaining whether there exists any fire-hazard in or affecting the premises;

(d)

making any inquiry which he considers necessary in relation to any matter within the provisions of this Act;

or 0 WJW23/0425 Act 341 BI.indd 33 25/07/2023 9:14 AM

Act 341

(e)

exercising any power or performing any duty of the

Director General under any other written law for the exercise or performance of which no power of entry is given by such law.

(2)

No private dwelling shall be entered by virtue of this section between the hours of seven in the evening and seven in the morning.

(3)

Before entering any premises by virtue of this section, an authorized officer shall display to the occupant thereof, if any, his identification card and, in the case of an authorized officer other than the Director General, the written authorization of the

Director General and it shall be lawful for the occupant of the premises to deny entry to an authorized officer or to eject him from the premises if, on demand by the occupant, he fails or refuses to produce the said identification card and, as the case may be, authorization.

(4)

An authorized officer shall leave any vacant or unoccupied premises that he has entered by virtue of this section as effectively secured against trespassers as he found them to be at the time of entry.

Restriction on disclosure of information

Section 38 — FIRE SERVICES ACT 1988 | mylaw.my