Building
Fire Certification
The Fire Services Act of 1988 mandates that certain buildings at high risk of catching fire in Malaysia must obtain a Fire Certificate (FC) from the Malaysian Fire and Rescue Department (BOMBA). The purpose of the Fire Certificate is to ensure that the building is safe to occupy in terms of fire safety. Hegel provides Fire Certificate application and renewal services to clients from all industries and levels of compliance, making it easier for building owners to obtain or renew their Fire Certificate.
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The Fire Services (Designated Premises) Order 1998 specifies which buildings need to apply for a Fire Certificate, and they are listed in the accompanying document. Facilities exempt from acquiring a Fire Certificate include single private dwellings and places of worship, as specified in Section 28 (3) of the Fire Services Act 1988.
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Failure to obtain a Fire Certificate for a designated building can result in a fine of up to RM10,000, imprisonment for up to 5 years, or both, according to Section 33 of the Fire Services Act 1988. Additionally, there is a penalty of up to RM100 per day for each day the offence continues after the conviction.
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After obtaining a Certificate of Completion and Compliance (CCC), a new building must receive a Fire Certificate from BOMBA. The application process involves completing Form I and providing several documents, including a copy of the CCC, a copy of the building plan approved by BOMBA, a copy of the sales and purchase agreement, a copy of the land title, a copy of the assessment, and a copy of the business license.
According to BOMBA, all designated buildings must have an Automatic Fire Monitoring System (SPKA) that connects their fire alarm system to the nearest fire station. The SPKA system is critical for loss prevention as it identifies a fire in its early stages, alerts the occupants, and calls the BOMBA. Therefore, BOMBA will not provide a Fire Certificate to any structures that do not have the SPKA system.
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BOMBA will review all of the documentation and schedule an inspection. If the fire protection system is in good working order, the applicant can pay the Fire Certificate Fee and receive the Fire Certificate.
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A Fire Certificate is valid for one year from the date of issue, according to the Fire Services (Fire Certificate) Regulations 2001, and must be renewed annually by completing Form III and submitting it at least 30 days before the expiration date. BOMBA inspects all renewals.
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According to Section 32 of the Fire Services Act of 1988, any designated building with a Fire Certificate cannot make any changes that will render the present fire protection system ineffective. If any changes are required, the applicant must submit a firefighting system design to BOMBA for review, and if it meets the requirements, BOMBA will conduct an inspection. After the Fire Certificate Fee payment is made, a new Fire Certificate will be provided.
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If BOMBA refuses to provide a Fire Certificate to an applicant, the applicant has the right to appeal under Section 34 of the Fire Services Act 1988. BOMBA's Director-General will review the appeal letter and make the ultimate decision. If the Director-General refuses to issue a Fire Certificate, the applicant may appeal to the Minister.
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In summary, building owners must determine whether their building requires a Fire Certificate, and if so, they must follow the outlined steps to apply for or renew the certificate. Failure to obtain a Fire Certificate can result in significant fines, imprisonment, or penalties. By getting a Fire Certificate, building owners can ensure the safety of their occupants and prevent potential loss due to fire incidents.
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