FIRE CERTIFICATION (FC)
APPLICATION AND RENEWAL
The Fire Services Act of 1988 mandates that some buildings with a high risk of catching fire obtain a Fire Certificate (FC) from the Malaysian Fire and Rescue Department (BOMBA) to verify that they are safe to occupy. The Fire Certificate application is typically handled by the building owner, occupant, and building management committee.
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Classification of Building requiring Fire Certificate
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The designated buildings that must apply for a Fire Certificate, according to the Fire Services (Designated Premises) Order 1998, are listed in the table below (refer to the accompanying document):
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Fire Certificate exemption
A premise that is occupied as a single private dwelling and the place of worship can be excused from acquiring a Fire Certificate, according to Section 28 (3) of the Fire Services Act 1988.
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Failure to obtain Fire Certificate
According to Section 33 of the Fire Services Act 1988, if a designated building does not obtain a Fire Certificate, the owner of the building faces a fine of up to RM10,000, imprisonment for up to 5 years, or both, as well as a further penalty of up to RM100 for each day the offence is continued after the conviction.
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Fire Certificate Application
After obtaining a Certificate of Completion and Compliance (CCC), the new building must get a Fire Certificate from BOMBA. An application can be made at the State BOMBA headquarter or BOMBA Zoning Office based on the location of the building.
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The applicant should use Form I to apply for a Fire Certificate. The following documents should be provided too for the application :
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Copy of CCC
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Copy of building plan (which has been approved by BOMBA during CCC production)
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Copy of sales and purchase agreement
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Copy of land title
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Copy of assessment
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Copy of business license
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BOMBA has mandated that all designated buildings have an Automatic Fire Monitoring System (SPKA) that connects their fire alarm system to the nearest fire station. During an emergency, the system is critical for loss prevention. It will identify a fire in its early stages, alert the owners or renters, and call the BOMBA. The former Computerized Monitoring System (CMS) has been replaced with the SPKA, BOMBA's most recent system. A Fire Certificate will not be provided by BOMBA to any structures that do not have the SPKA system.
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BOMBA will schedule an inspection after reviewing all of the documentation. If the fire protection system is in good working order, the applicant can pay according to the Fire Certificate Fee Schedule below and get the Fire Certificate issued.
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Fire Certificate Renewal
The certificate is only valid for a year from the date of issue, according to the Fire Services (Fire Certificate) Regulations 2001. A Fire Certificate needs to be renewed every year. To renew a Fire Certificate, the applicant must complete Form III and submit it at least 30 days prior to the expiration date. BOMBA inspection is performed on all renewals.
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Modification of Building upon approval and issuance of Fire Certificate
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 adjustments are required, the applicant must submit a firefighting system design to BOMBA before proceeding. The plan will be reviewed by BOMBA. 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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Appeal eligibility on Fire Certificate decisions made by BOMBA
The applicant has the right to appeal under Section 34 of the Fire Services Act 1988. If BOMBA refuses to provide a Fire Certificate to an applicant, the applicant has 21 days to file an appeal letter to BOMBA's Director-General. The appeal letter will be reviewed by the Director-General, who will make the ultimate decision.
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Any applicant may appeal to the Minister following such notice of refusal or decision:
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The Director refuses to issue a fire certificate
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The conditions imposed on certificates issued can not be complied with; or
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With any decision by the Director by amending the new certificate or previous certificate.
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Make a change of situation to the designated premises that is in force without notice.
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Failure to comply with instructions by taking steps to make adequate fire safety installation.
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Has no fire certificate in Malaysia.
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Create or falsify the certificate.
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Make any statement or give any false information when applying for the certificate.
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Transfer or assign or permit any other person to use his bombardment.
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Not notify in writing to the Director on certificate lost or destroyed.
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Not submitting information as required.
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Do not show fire certification at all times.
In a nutshell, it is the obligation of a building owner to determine whether or not a Fire Certificate is required. If a Fire Certificate is required, the owner can apply for one by following the steps outlined above. He can avoid being compounded by the BOMBA by ensuring that the building is safe to occupy.
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