Act No. 237 / 2000 Coll.
Act amending Act No. 133 / 1985 Coll., on Fire Protection, as amended
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Effective from 01.01.2001
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01.01.2001
09.08.2000
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237
THE LAW
of 28 June 2000
amending Act No. 133 / 1985 Coll., on Fire Protection, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 133 / 1985 Coll., on Fire Protection, as amended by Act No. 425 / 1990 Coll., Act No. 40 / 1994 Coll., Act No. 203 / 1994 Coll. and Act No. 163 / 1998 Coll., is amended as follows:
1. In Paragraph 1 (1), the words "central government bodies' shall be replaced by the words" ministries and other administrative offices' and the words "different arrangements for certain employment relations of members of the Fire Department of the Czech Republic 'shall be deleted.
2. In Part One of the title, the words "central government bodies' are replaced by the words" ministries and other state bodies'.
3. In the first section of the title, the words "central government bodies' are replaced by the words" ministries and other state bodies' and the words "and natural persons' are added after the words" regulations'.
4. In Paragraph 2 (1), the words "Central government bodies' are replaced by the words" Ministry and other state bodies'.
5. Paragraph 2 (2) reads as follows:
"(2) Legal persons and business natural persons shall carry out fire protection duties on all premises they use to operate. The statutory authority shall be responsible for the performance of fire protection duties on legal persons and for the commercial natural persons of such persons or their responsible representatives. When operating on the premises of more than one legal person or business natural person, the owner of such premises, unless otherwise agreed between them, shall carry out fire protection duties at the places they use together. The contract shall include the designation of the person responsible for carrying out the fire protection duties. ';
6. In Section 3 of the title, the words "central government bodies' are replaced by the words" ministries and other state bodies'.
7. In Section 3, the words "Central government bodies' are replaced by the words" Ministry and other state bodies' and a legislative abbreviation is inserted after the word "Interior '(" Ministry'). '
8. In Article 3, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The ministries and other state bodies shall, mutatis mutandis, fulfil the obligations otherwise imposed by this law on legal persons and business natural persons."
9. Paragraph 4, including the title and footnotes No 1a) to 1h) shall read as follows:
Breakdown of operated activities by fire hazard
(1) Depending on the level of fire hazard, the activities carried out are classified into categories
(a) without increased fire risk;
(b) with increased fire risk,
(c) high fire hazard.
(2) Activities with increased fire risk shall be considered to be activities
(a) in which dangerous substances and preparations which are classified as oxidising, extremely flammable, highly flammable and flammable, 1b) in a total quantity exceeding 1000 kg of those substances and preparations in solid form or 250 litres of those substances and preparations in liquid form;
(b) where flammable or flammable gases are present in containers or, where appropriate, in containers (barrels, bottles or cartoughs), the sum of the internal volumes of such containers exceeding 100 litres placed in one compartment or fire compartment, and in the case of liquefied petroleum gas containers, with a total quantity of possible charges exceeding 60 kg placed in one compartment or fire compartment;
(c) where, during manufacture or handling, flammable dust or pairs of flammable liquids are present in the air or in an installation to such an extent that the formation of explosive concentration cannot be excluded or the flammable dust is placed in a continuous layer of at least 1 mm;
(d) in production facilities where an accidental fire load of 15 kg / m2 or more occurs at workplaces with at least three employees;
(e) on premises where an accidental fire load of 120 kg / m2 or more occurs;
(f) where open fire or other sources of ignition are used in the immediate presence of flammable substances in solid, liquid or gaseous state, except local appliances and heat sources intended for heating, cooking and heating water;
(g) in buildings (1c) of seven or more above-ground floors or a height of more than 22,5 m, excluding housing houses, 1d)
(h) in buildings for the assembly of more people, (1e) in buildings for trade, (f) in buildings for accommodation facilities (1g) and in buildings intended for persons with reduced mobility, 1h)
(i) in underground areas intended for the provision of services or trade in random fire loads of 15 kg / m2 or more, where seven or more persons may be present at the same time;
(j) where there are no normal intervention conditions.
(3) Activities with high fire risk shall be considered to be activities
(a) in which dangerous substances and preparations are present which are classified as oxidising, extremely flammable, highly flammable and flammable, 1b) in a total quantity of more than 5000 tonnes;
(b) where they are manufactured or filled into tanks, tanks or containers of flammable liquid or flammable gases or combustion promoting gases with an annual production of 5 000 tonnes or more;
(c) in establishments where the transport of dangerous substances and preparations in liquid or gaseous state is ensured by pumping and increasing pressure, which are classified as extremely flammable, highly flammable and flammable, in pipes with an internal diameter of 0,8 m or more;
(d) in buildings of 15 or more above ground or more than 45 m high,
(e) in underground areas with an accidental fire load of 15 kg / m2 or more, where more than 200 persons may be present at the same time.
(4) Activities other than those referred to in paragraphs 2 and 3 shall be considered to have been carried out without increased fire risk.
(5) Where it is apparent that a legal person or an undertaking natural person has been incorrectly integrated into the category referred to in paragraph 1, the competent authority of the State Fire Supervision shall decide on its proper integration.
1a) Paragraph 17 (2) of Decree No. 137 / 1998 Coll., on general technical requirements for construction.
1b) § 2 (8) (b) to (e) of Act No. 157 / 1998 Coll., on Chemicals and Chemicals and on the amendment of certain other laws.
1c) § 3 (a) of Decree No. 137 / 1998 Coll.
1d) § 3 (b) of Decree No. 137 / 1998 Coll.
1e) § 3 (e) of Decree No. 137 / 1998 Coll.
1f) § 3 (f) of Decree No. 137 / 1998 Coll.
1g) § 3 (g) of Decree No. 137 / 1998 Coll.
1h) § 2 (b) of Decree No. 174 / 1994 Coll., laying down general technical requirements for the use of buildings by persons with reduced mobility. '
10.
Obligations of legal persons and business natural persons
(1) Legal persons and natural persons engaged shall:
(a) to procure and secure in the necessary quantities and types of fire-fighting equipment, means of fire protection and fire-safety equipment, taking into account the fire hazards of the operation and keeping them in operational condition. In the case of dedicated fire equipment, fire protection material and fire safety equipment, except for products specified in specific legislation, (1i) only approved species may be installed and used;
(b) to create conditions for fire extinguishing and rescue operations, in particular to maintain open access roads and access areas for fire-fighting equipment, escape routes and free access to emergency exits, electrical power distribution devices, water, gas, heating and production facilities, fire protection devices and manual control of fire-fighting equipment;
(c) comply with the technical conditions and instructions relating to the fire safety of products or activities;
(d) identify the workplaces and other places with appropriate safety marks, orders, prohibitions and instructions in relation to fire protection, including the places where the fire protection means of fire protection are present and the fire safety equipment;
(e) regularly check, through a competent person (§ 11 (1)), a fire protection technique (§ 11 (2)) or a fire protection preventist (§ 11 (6)), compliance with the fire protection rules and without delay eliminate detected defects;
(f) to allow the State Fire Supervision Authority to carry out an inspection of compliance with fire protection obligations, to provide it with the required documentation, documentation and information relating to fire protection in accordance with this Act and to comply with the measures imposed by it within the prescribed time limits;
(g) to provide free of charge to the State Fire Supervision Authority the products or samples necessary to carry out fire-related technical expertise to determine the cause of the fire;
(h) notify without delay the area-related operational centre of the fire department of the region (1j) of any fire resulting from activities they operate or in premises they own or use.
(2) Legal persons and business natural persons may not burn crops. When burning flammable substances in open spaces, they must, taking into account the scope of this activity, lay down measures to prevent the formation and spread of fire. The incineration of flammable substances in open spaces, including the proposed measures, shall be notified in advance to the competent fire department of the region concerned, 1j) which may lay down additional conditions for such activity or prohibit such activity, if appropriate. This is without prejudice to the provisions of specific legislation. 1k)
1i) Act No. 22 / 1997 Coll., on Technical Requirements for Products and on the Amendment and Addition of Certain Acts, as amended by Act No. 71 / 2000 Coll.
1j) Act No. 238 / 2000 Coll., on the Fire Department of the Czech Republic and on the amendment of certain laws.
1k) For example, Act No. 23 / 1962 Coll., on hunting, as amended, Act No. 289 / 1995 Coll., on forests, and on amending and supplementing certain laws (Forest Act), as amended, Act No. 125 / 1997 Coll., on waste, as amended, Act No. 309 / 1991 Coll., on the protection of air against pollutants (Air Act), as amended. '
11. Article 6, 6a and 6b, including footnote 1 (l), read:
(1) Legal persons and business natural persons engaged in activities involving increased fire risk and high fire risk are also required to:
(a) to determine the organisation of fire protection, taking into account the fire hazards of the operation;
(b) to establish and comply in a verifiable manner with the conditions of fire safety of the activities carried out, and, where appropriate, technological processes and equipment, unless the conditions of operation and maintenance and repair of the equipment are laid down in a specific legislation;
(c) ensure the maintenance, inspection and repair of technical and technological equipment in the manner and within the time limits laid down by the fire safety conditions or by the manufacturer of the equipment;
(d) lay down, from the point of view of fire safety, the requirements for professional qualifications of persons responsible for the operation, inspection, maintenance and repair of technical and technological equipment, unless provided for in specific legislation, 1l) and ensure that the work which could lead to the creation of a fire is carried out only by persons qualified;
(e) have at their disposal the technical characteristics of the manufactured, used, processed or stored substances and materials necessary to determine preventive measures to protect the life and health of persons and property.
(2) The fire safety conditions of the operations carried out pursuant to paragraph 1 (b) shall correspond to the state of scientific and technical knowledge known at the time of their determination.
(1) Legal persons and natural persons engaged in high fire risk activities are also required to ensure, through a competent person (§ 11 (1)), an assessment of the fire hazard in terms of threats to persons, animals and property and other obligations on the fire protection section.
(2) The assessment of the fire hazard shall include:
(a) the identification and assessment of the critical effects in terms of the possibility of fire being created and spread, the expression and assessment of the risks to persons, animals and property, the assessment of the possibility of carrying out rescue work and the effective disposal of the fire, including a description of its possible consequences;
(b) setting up a fire protection management system aimed at reducing the likelihood of fire, spreading and endangering persons, animals and property;
(c) proposals for measures, including setting deadlines for their implementation.
(3) Legal persons and natural persons engaged in high fire risk activities shall submit an assessment of the fire hazard for approval by the State Fire Supervision Authority prior to the start of their activities.
(4) If the authority of the State fire surveillance finds that the assessment of the fire hazard submitted for approval shows deficiencies for which it cannot be approved, it shall return it to the petitioner, stating the reasons for it, and at the same time setting a reasonable time to remedy the deficiencies. Otherwise, it shall approve the assessment without undue delay.
(5) Where the nature, conditions or scope of an activity under the obligation referred to in paragraph 1 changes, the legal person or the natural person undertaking shall, without undue delay, inform the State Fire Supervision Authority thereof in writing and shall complete, revise or submit for approval a new assessment of the fire hazard in accordance with its instructions.
(6) The measures and time limits resulting from an approved assessment of a fire hazard are to be complied with by legal persons and undertakings.
(7) The person processing the fire hazard assessment referred to in Article 11 (1) shall be responsible for the substantive and formal correctness of the documentation processed.
Implementing legislation provides for:
(a) the values of the random fire load for the purpose of classifying activities by fire hazard;
(b) defining complex conditions for intervention;
(c) the quantity, types and manner of fitting-out of the premises of legal persons and business natural persons by means of means of fire protection and fire safety equipment, as well as their design, installation, operation, inspection, maintenance and repair requirements;
(d) types of dedicated fire equipment, means of fire protection and fire safety equipment;
(e) the method of creating conditions for extinguishing fire and rescue operations;
(f) time limits and manner of carrying out checks on compliance with fire protection regulations;
(g) the procedure for the provision of products and samples to the State Fire Supervision Authority for carrying out fire-related technical expertise in order to determine the causes of the fire;
(h) the method of determining the conditions for fire safety in activities with increased fire risk and high fire risk;
(i) the way in which the fire hazard is assessed.
1l) For example, Decree No. 50 / 1978 Coll., on competence in electrical engineering, as amended by Decree No. 98 / 1982 Coll. '.
12.
(1) The owner or user of the fire-fighting water sources is obliged to keep them in such a condition as to allow the use of fire-fighting techniques and the drawing of fire-fighting water.
(2) The owner or user of forests in continuous forest areas with a total area of more than 50 hectares is obliged to ensure, at a time of increased fire risk, in addition to the obligations laid down in Section 5, measures for early detection of forest fires and against its spread by means of patrol activities with the necessary amount of force and means of fire protection, unless the Ministry of Agriculture does so under a special law. 1m)
1m) § 46 (g) and (i) of Act No. 289 / 1995 Coll.
13. Article 11, including the title and footnotes 1n) and 1o) shall read as follows:
Professional competence
(1) The performance of obligations under Articles 6a (1), 16 (1) and 16 (a) may be provided only by competent persons, unless otherwise specified. Specially competent persons shall mean experts and expert institutes in the basic field of fire protection registered in the list of experts and expert institutes maintained by regional courts, natural persons who are graduates of fire protection schools or graduates of higher education studies, which include a certification programme for competence in the fire protection sector approved by the Ministry which complies with the requirements set out in paragraph 4, or natural persons who have passed the proficiency test before a commission established by the Ministry. The members of the Fire Rescue Corps of the Czech Republic ("the Fire Rescue Corps') 1j) exercising the functions laid down in the implementing regulation on the Fire Rescue Corps Act shall also be considered as competent persons.
(2) The performance of the obligations arising from Sections 5, 6, 16 (1) and 16 (a) may be provided by fire protection technicians. The professional competence to perform the fire protection technique shall be obtained by passing a proficiency test before a commission set up by the Ministry.
(3) The Ministry shall issue a certificate of competence (hereinafter referred to as the certificate) to the natural persons referred to in paragraphs 1 and 2. The Ministry may decide, on a proposal from the State Fire Supervision Authority, to withdraw the certificate to any person with serious deficiencies in the performance of the professional or fire protection technique.
(4) The proficiency test shall verify knowledge in particular:
(a) legislation and technical regulations on fire protection;
(b) fire safety of construction and technology;
(c) assessment of high fire risk activities;
(d) the functions and technical characteristics of the fire-fighting equipment, means of fire protection and fire-safety equipment;
(e) the physical and chemical processes of burning, explosions, extinguishing and toxic effects from burning crops.
(5) The activity of the competent person and the fire protection technique can be carried out in a labour relationship (1n) or under a special law. 1o)
(6) The performance of the tasks referred to in Article 5 (1) (d) and (e) and Article 16a (1) (c) may be carried out by a firefighter. The fire protection preventist operates on the basis of training (§ 16 (1)).
(7) A person who is competent in accordance with paragraph 1 shall also have the competence to carry out a fire protection technique. The competent person referred to in paragraph 2 shall also have the competence to carry out the tasks referred to in paragraph 6.
(8) The implementing legislation lays down the means of verifying the competence, issue and withdrawal of certificates, content and scope of training.
1n) Act No. 65 / 1965 Coll., Labour Code, as amended.
1o) For example Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended. '
14. In Section 13, the title reads "Preventive fire patrol."
15. Paragraph 13 (1) reads:
"(1) Legal persons and business natural persons establish preventive fire patrols
(a) on premises of at least three employees operating activities with increased or high fire risk;
(b) in cases where the order of the county (§ 27 (1) (f)), the order of the district (§ 28 (c)) or the generally binding order of the municipality (§ 29 (1) (o)) so provides. "
16. in Article 13 (2), the word "preventive" shall be inserted after the word "task."
17.
Fire protection documentation
(1) Legal persons and persons engaged in the activities referred to in paragraphs 2 and 3 of Article 4 are required to process the prescribed fire protection documentation, fulfil the fire safety conditions set out therein and maintain it in accordance with the actual situation.
(2) The implementing legislation lays down the types, content and management of fire protection documentation. '
18.
Training and training of staff on fire protection
(1) Legal persons and business natural persons engaged in the activities referred to in Article 4 (2) or (3) are required to provide regular training of staff on fire protection and training of personnel assigned to preventive fire patrols, as well as fire protection prefans.
(2) The obligation of staff training on fire protection shall apply to all natural persons who are in a work or other similar relationship to a legal person or to an undertaking. 1n) Training shall be carried out separately for senior staff and for other staff.
(3) For natural persons who occasionally reside in or come into contact with the work of legal persons or business natural persons, fire protection training shall be provided if such persons carry out the activities referred to in paragraphs 2 and 3 of Section 4.
(4) The implementing legislation shall specify the types, content, scope and time limits of staff training on fire protection, as well as training of fire protection preventists and personnel assigned to preventive fire patrols. ';
19. The following Section 16a is inserted after Section 16:
(1) In the case of legal persons and natural persons engaged in the activities referred to in Article 4 (2):
(a) a competent person or fire protection technician to train senior staff on fire protection;
(b) a competent person or a fire protection technician, training of fire protection preventists and personnel assigned to preventive fire patrols;
(c) trained senior or pre-ventilator fire protection training of other personnel on fire protection.
(2) In the case of legal persons and natural persons engaged in the activities referred to in Article 4 (3):
(a) a competent person or fire protection technician to train senior staff on fire protection;
(b) a competent person who is competent to train fire protection preventists and personnel assigned to preventive fire patrols;
(c) fire protection techniques or trained senior staff training other staff on fire protection. ';
20. The heading "Section Two" and the heading "Basic obligations of natural persons" shall be deleted.
21.
Basic obligations of natural persons
(1) A natural person is required to:
(a) to act in such a way as to avoid the occurrence of fire, in particular when using heat, electrical, gas and other appliances and chimneys, in the storage and use of flammable or fire-hazardous substances, handling them or with open fire or other source of ignition;
(b) provide access to electricity distribution and gas, water and heating closures;
(c) carry out orders and comply with fire protection prohibitions at designated places;
(d) provide fire safety equipment and means of fire protection to the extent prescribed by law;
(e) to ensure access to fire-fighting equipment and fire-fighting material for the purpose of their timely use and to further maintain such equipment and material in an operational state; those obligations apply to persons who have such facilities and means of ownership or use;
(f) to create conditions on premises owned or used for rapid fire control and rescue operations;
(g) allow the State Fire Authority to carry out the necessary tasks in determining the cause of the fire and, where justified, to provide it with products or samples free of charge for carrying out fire-related technical expertise to determine the cause of the fire;
(h) notify without delay to the competent fire department concerned of any fire resulting from the activities it carries out or in the premises it owns or uses;
(i) comply with the conditions or instructions relating to the fire safety of products or activities.
(2) Those who are obliged to supervise persons who are unable to assess the consequences of their actions are obliged under special laws to ensure that they do not cause fire by their actions.
(3) A natural person may not:
(a) knowingly inadvertently summon a fire protection unit or abuse an emergency line;
(b) carry out work which may result in fire if it does not have the competence required for the performance of such work by specific legislation; 11)
(c) damage, abuse or otherwise prevent the use of fire extinguishers or other means of fire protection, and fire safety equipment;
(d) limit or prevent the use of marked entry points for fire-fighting equipment;
(e) use the colour marking of vehicles, ships and aircraft of fire protection units;
(f) carry out the burning of the crops.
(4) A natural person is obliged to allow the exercise of state fire control pursuant to § 35 and to comply with the measures imposed by the State Fire Surveillance Authority within the prescribed time limit.
(5) The implementing act lays down certain conditions of fire safety in accordance with paragraph 1 (a). ';
22. the heading "Section Three" shall be replaced by the heading "Section Two";
23. footnote 1 shall be renumbered footnote 1p.
24. in Paragraph 20 (1) (a), the word "Army" shall be replaced by the words "Armed Forces."
25. After Paragraph 20, the following Section 20a is inserted:
Compensation for loss of earnings
(1) Where a natural person who is in business or self-employed provides personal assistance to a fire protection unit at the request of the fire protection unit commander, the fire protection unit commander or the municipality, he / she shall be entitled to compensation for the loss of earnings in the amount shown.
(2) The replacement shall be decided by and provided by the fire brigade of the county in whose territorial district the fire originated. The refund shall be applied within three months and no later than two years from the date of the entitlement, otherwise the claim shall cease. '.
26. In Paragraph 21 (1), the words "district office 'are replaced by the words" district fire department' and the words "district district office 'are replaced by the words" district fire department'.
27. in Article 22 (2), the words "the district office" shall be replaced by the words "the district fire department";
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Regulation Information
| Citation | Act No. 237 / 2000 Coll., amending Act No. 133 / 1985 Coll., on Fire Protection, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.08.2000 |
|---|---|
| Effective from | 01.01.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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