Act No. 203 / 1994 Coll.

Act amending and supplementing the Act of the Czech National Council No. 133 / 1985 Coll., on Fire Protection, as amended by the Act of the Czech National Council No. 425 / 1990 Coll. and Act No. 40 / 1994 Coll.

Valid Law Effective from 01.01.1995
203
THE LAW
of 29 September 1994
amending and supplementing Act No. 133 / 1985 Coll., on Fire Protection, as amended by Act No. 425 / 1990 Coll. and Act No. 40 / 1994 Coll.
Parliament has decided on this law of the Czech Republic:
Čl. I
The Act of the Czech National Council No. 133 / 1985 Coll., on Fire Protection, as amended by the Act of the Czech National Council No. 425 / 1990 Coll. and Act No. 40 / 1994 Coll., is amended as follows:
1.
„§ 1
Preliminary provisions
(1) The purpose of the Act is to create conditions for the effective protection of the life and health of citizens and property against fires and for the provision of assistance in natural disasters and natural disasters by laying down the obligations of central government, legal and natural persons, the status and competence of public and self-government bodies in the fire protection sector, the different arrangements for certain employment relations of members of the Fire Rescue Corps of the Czech Republic, as well as the status and obligations of fire protection units.
(2) Everyone is obliged to act in such a way as not to give cause for fire, not to endanger the life and health of persons, animals and property; when combating fires, natural disasters and other incidents, it shall be obliged to provide adequate personal assistance, unless it poses a serious risk or threat to itself or to a person close to it or if the relevant circumstances prevent it, and the necessary substantive assistance. Paragraph 20 shall be without prejudice to this. '
2. The headings of Part One and Section One are as follows:

„ČÁST PRVNÍ

OBLIGATIONS OF THE CURRENT AUTHORITIES OF THE STATE GOVERNMENT, LEGAL AND PHYSICAL PERSONS AT THE SPIRIT PROTECTION SECTOR

Oddíl první

Obligations of central government authorities, legal persons and natural persons engaged in business activities under special rules'.
3. In Paragraph 2 (1), the word "institutions' is replaced by the words" central government bodies' and the word "organisation 'is replaced by" legal persons as well as natural persons engaged in business activities under specific rules (hereinafter referred to as "natural persons engaged') '.
Article 4 (2) reads as follows:
"(2) The statutory authority shall be responsible for carrying out fire protection duties on a legal person and for the natural person involved, that person or his responsible representative. If it operates in an object of several legal persons and business natural persons, it may agree, with the agreement of the District Office, that certain fire protection tasks will be carried out jointly. The agreement shall include the designation of the person responsible for carrying out the fire protection duties. ';
5.
„§ 3
Obligations of central government bodies
The central public authorities shall cooperate with the Ministry of the Interior to process the concept of fire protection development and, in relation to the legal persons they manage, carry out other tasks on the fire protection section established under this Act. ';
At the same time, the current heading above § 3 is deleted.
6. footnote 1 shall be deleted;
Section 7, Sections 4 and 5 are deleted.
8.
"Obligations of legal persons and business natural persons
§ 6
(1) Legal persons and business natural persons carrying out activities or owning objects with increased fire risk are required, through a competent person, to ensure an assessment of the fire hazard in terms of the threat to persons and property and the fulfilment of other obligations on the fire protection section. The definition of activities and objects with increased fire risk is set out in the Annex to this Act.
(2) The assessment of the fire hazard shall include:
(a) an assessment of the possibility of fires being created and spread;
(b) assessing the evacuation of persons, animals and property;
(c) setting out how the fires are disposed of effectively;
(d) a proposal for action.
(3) Legal persons and natural persons engaged shall submit an assessment of the fire hazard before the start of their activities and, for the objects referred to in paragraph 1, within 60 days of the date on which the decision on their approval was taken to the authority carrying out the State fire surveillance. The measures established on the basis of an approved assessment of the fire hazard shall be complied with by legal persons and natural persons engaged. Where the nature of the activity carried out or the use of the object referred to in paragraph 1 changes, a new assessment of the fire hazard shall be provided by the legal person or the undertaking.
(4) The expert referred to in paragraph 1 shall be understood as experts and experts' institutes in the basic field of fire protection registered in the list of experts and expert institutes maintained by regional courts and natural persons competent for the performance of that activity (§ 11). '
9. The following Sections 6a and 6b are inserted after Section 6:
„§ 6a
In addition, 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, fire alarm, fire extinguishers and fire-fighting agents, taking into account the fire hazards and maintaining them in operational condition; only authorised species may be procured, installed and used for dedicated fire equipment, fire protection material and fire protection equipment;
(b) maintain free escape routes and entry areas and free access to emergency exits, to electrical power distribution devices and to the closure of water and gas in the objects they own or use, and maintain free access to fire protection facilities;
(c) notify without delay to the district fire brigade (district operating centre) any fire generated in the premises they own or use;
(d) allow the authorities carrying out State fire surveillance or preventive fire control to carry out fire protection checks and to provide them with the necessary supporting documents and information; comply with the measures imposed by the State Fire Supervision Authorities within the time limits set;
(e) identify workplaces where activities with increased fire hazard are carried out, orders, bans and fire protection instructions, and regularly check compliance with fire protection regulations and remove detected defects;
(f) to ensure the regular cleaning and inspection of chimneys, flue-pipes and appliances within the scope and within the time limits laid down by the legislation and to remedy the defects identified;
(g) have at their disposal the fire-technical characteristics of the substances and materials manufactured, used, processed or stored necessary to establish preventive measures to protect life, health and property; comply with the instructions and technical conditions of the manufacturer or trade organisation relating to fire safety;
(h) inform the fire protection units intended for first intervention of the risk activities and of the fire-hazardous substances and materials operated or found in the premises they own or use.
§ 6b
Legislation provides
(a) the quantity, types and manner of equipment of the premises of the legal person or of the natural person undertaking fire alarms, fire extinguishers and other means of fire protection, as well as their installation, maintenance, repair and inspection;
(b) types of dedicated fire equipment, means of fire protection, and fire protection equipment;
(c) details of how to assess the fire hazard for legal persons and business natural persons;
(d) details of the regular cleaning and control of chimneys, smoke pipes and fuel appliances. ';
Section 10, Section 7, including the title and Sections 8 to 10 are deleted.
(11) Note 2 to date shall be deleted.
12.
„§ 11
Professional competence
(1) The professional competence of natural persons for the pursuit of the activities referred to in Articles 6 (1) and 16 (1) is acquired by graduating from a university in the field of fire protection or from a secondary school of fire protection. This competence is also obtained through training in the field of fire protection and by passing a proficiency test before a commission established by the Ministry of Interior. Certificate of professional competence shall be issued by the Ministry of the Interior.
(2) The Ministry of the Interior may withdraw a certificate of competence from persons who have acquired competence under paragraph 1 if they have serious deficiencies in their activities. The Ministry of the Interior shall decide on the withdrawal of the certificate of professional competence on the basis of a proposal from the body carrying out the state fire surveillance.
(3) The details of the verification of competence, the issue and withdrawal of certificates and the setting-up of the panel are laid down in legislation. "
13. Paragraph 12 is deleted.
14.
„§ 13
Fire Patrol
(1) Legal persons and business natural persons establish fire patrols
(a) at workplaces where activities with increased fire risk are carried out;
(b) in objects with increased fire risk, except those listed in the Annex to this Act in point 2 (a);
(c) in the case of designated municipalities and, where appropriate, the district office, in particular in actions involving a larger number of persons.
(2) The task of the fire patrol is to oversee compliance with the fire protection regulations and, in the event of a fire, to take the necessary measures to rescue the persons at risk, to summon a fire protection unit and to participate in the destruction of the fire. "
15. Paragraph 14 is deleted.
16. Article 15 (1) reads as follows:
"(1) The legal persons and the natural persons involved referred to in Paragraph 6 (1) and the central authorities of the State are required to process and maintain the prescribed fire protection documentation in accordance with the actual situation."
17.
„§ 16
Training and training of staff on fire protection
(1) The legal persons and the natural persons involved referred to in Article 6 (1) are required to ensure regular training of staff on fire protection and training of personnel assigned to fire patrols and fire protection units. They provide training through competent persons (Section 11).
(2) The training of staff on fire protection applies to all natural persons who are in a work or other similar relationship to a legal person or an undertaking. The training of employees shall apply to a reasonable extent to natural persons who, with the knowledge of legal persons and of business natural persons, are present at their places of work.
(3) The types, content and scope of staff training on fire protection, as well as the types, content and scope of training of personnel assigned to fire patrols and fire protection units are laid down in legislation. "
Paragraph 17 (1) (b) reads as follows:
"(b) ensure the regular cleaning and control of chimneys, smoke pipes and fuel appliances in buildings owned to the extent and within the time limits laid down by the legislation and the removal of any defects detected;"
19. in Article 17 (1) (e) and (f), the words "family houses and others" shall be deleted.
20. in Paragraph 18 (d), the words "national committee" shall be replaced by the words "municipality."
21. in Paragraph 19, the words "National Committee" are replaced by the words "Municipality."
22. Paragraph 20, including footnote 1, reads as follows:
„§ 20
Exemption from the obligation to provide personal and factual assistance
(1) The obligation to provide assistance referred to in Sections 18 and 19 does not apply to:
(a) the services and soldiers of the Army of the Czech Republic, the services and members of the Police of the Czech Republic, the Security Information Services and the Prison Services, if the provision of assistance would seriously jeopardise the important interest of the service,
(b) legal persons and natural persons engaged in the field of public transport, energy and communications and their staff, where the provision of assistance could result in a serious failure to operate for such legal persons and for commercial natural persons, or any other serious consequence;
(c) legal persons and business natural persons in the field of health care and their staff, if the provision of assistance would seriously jeopardise the performance of tasks under specific rules. 1)
(2) A natural person shall not be obliged to provide the assistance referred to in paragraphs 18 and 19 if it is prevented from doing so by an important circumstance or if it would put himself or a close person at serious risk.
1) Act No. 20 / 1966 Coll., on the Care of People's Health, as amended. '
23) Notes 3) and 4) shall be deleted.
24. In Paragraph 21 (1), the third sentence of the "District National Committee 'is replaced by" District Office'; in the fourth sentence, the words "National Committee 'are replaced by the words" District Office'.
25. Article 21 (2) reads as follows:
"(2) Where a legal person or an undertaking natural person has provided assistance in kind in the fight against fires to another legal person or an undertaking natural person, they shall be entitled to reimbursement of the costs associated with such assistance. The reimbursement of the expenditure shall be granted by whoever has received the assistance in kind. ';
26. footnote 5 shall be deleted;
27. in Article 22 (2), the words "necessarily" shall be inserted after the words "if necessary," the words "the national committee," which "shall be replaced by the words" the district office or municipalities, "shall be replaced by the words" organise "and after the word" informed, "the dot shall be replaced by a comma and the words" at least 24 hours before the beginning of the exercise. "
28. In Article 22 (3), the words "a national committee 'shall be replaced by the words" a district office or a municipality which "organises' shall be replaced by the words" organise 'and the second sentence shall be replaced by the words "This shall not apply if it is a dwelling where it can be entered only with the prior consent of the owner or user'.
29. Paragraph 22 (4), including footnote 2, reads as follows:
"(4) The entry into the premises and facilities of the Army of the Czech Republic, the Police of the Czech Republic, the Security Information Services and the Prison Services are subject to special regulation.2)
2) For example Act No. 169 / 1949 Coll., on Military Outages, § 22 of Act No. 40 / 1961 Coll., on the Defence of the Czechoslovak Socialist Republic. "
30. footnote 6 shall be deleted;
31. the headings of Part Two and Section One shall read:

„ČÁST DRUHÁ

STATE GOVERNANCE AND AUTONOMOUS GOVERNANCE

Oddíl první

Government and government bodies and their responsibilities'.
32.
„§ 23
The authorities in the fire protection sector are the Ministry of the Interior and the district authorities. The tasks of the State Administration on the fire protection section established under this Act are also performed by the municipalities in their delegation. '
33.
"(c) carry out state fire control and, in relation to the district authorities, control the performance of state fire control;
(d) ensure, in cooperation with the fire brigade, the assembly of supporting documents for the financing of selected fire-fighting equipment, selected means of fire protection and selected buildings;
(e) ensure, in cooperation with the Ministry of Finance, the release of assigned funds from the State Budget for the acquisition of capital goods for the district fire-fighting rescue services, "
34. in Article 24 (1), the following points (f) and (g) are inserted after point (e):
"(f) sets out the concept of development of the Fire Department of the Czech Republic and of voluntary fire department units of municipalities designated by the district fire alarm plan for interventions outside its territorial district (hereinafter referred to as" selected municipalities ");
g) submit to the Ministry of Finance a proposal for a special purpose subsidy from the state budget of the Czech Republic for fire-fighting rescue corps of districts and for selected municipalities, "
35. in Article 24 (1), the following point (h) is inserted after point (g):
"(h) manage training on fire protection,"
Points (f) to (j) shall be renumbered (i) to (m).
36. in Article 24 (1) (j), the words "and implemented" shall be deleted.
37. Paragraph 24 (1) (m) reads as follows:
"(m) in an agreement with the Ministry of Defence, organises fire protection for the period of state security alert and directs operations on this section,"
38. in Paragraph 24 (1), the following point (n) is added after point (m):
"(n) on request of the District Office, it provides professional assistance in assessing documentation of buildings of particular importance.";
39. In Paragraph 24 (2), the words "and technology, conditions for fire safety of products and activities which are at risk of fires and technical conditions of fire technology, fire protection devices and fire safety equipment 'shall be added after the word" buildings'.
40. in Paragraph 25 (1), the reference to footnote (7) shall be replaced by a reference to footnote (3); note (7) to date shall be renumbered as footnote (3) and read as follows:
"3) § 55 of Act No. 29 / 1984 Coll., on the System of Primary and Secondary Schools (School Act), as amended."
Article 41 (26), including the title and Article 27, shall be deleted.
Article 42 (28) reads:
„§ 28
Regional office
(1) The District Office shall carry out these tasks:
(a) carry out state fire surveillance;
(b) issue a district fire alarm plan to ensure fire fighting and rescue work;
(c) manage, on a professional basis, the performance of services in fire protection units, unless such proceedings are entrusted by this law to the Ministry of the Interior;
(d) manage and organise training, in particular the commanders of the fire brigade of undertakings, commanders and engineers of the units of voluntary fire-fighting units of municipalities, commanders and engineers of the units of voluntary fire-fighting units of enterprises and of the fire-fighting units of municipalities;
(e) ensure the material and financial needs of the district fire brigade and the costs of the voluntary fire brigade of selected municipalities associated with interventions outside their territorial district;
(f) process specified fire protection documentation;
(g) coordinate the provision of fire protection with other authorities and civil associations operating in the fire protection sector in its territorial district;
(h) organise fire protection for the period of security alert of the State and ensure preparation for operation during that period.
(2) In order to carry out the tasks of the public administration in the fire protection sector, the district office establishes a special body, the district fire council. He appoints the District Fire Council into office and removes the Head of the District Office on a proposal from the Czech Fire Council.
(3) The representative of the District Fire Council shall appoint and dismiss the head of the District Office on a proposal from the District Fire Council. The representative of the District Fire Council shall exercise the jurisdiction of the District Fire Council at a time when the District Fire Council is unable to exercise it.
(4) General Decree of the District Office
(a) issue a district fire alarm plan;
(b) lay down the conditions for security:
1. fire protection at a time of increased risk of fires,
2. fire protection in buildings of particular importance in accordance with requirements laid down by the Ministry of the Interior pursuant to § 24 (2);
3. fire protection in actions involving more people;
4. water resources for extinguishing fires;
5. area coverage of district area by fire protection units. ';
43.
„§ 29
Municipality
(1) The municipality under separate jurisdiction in the fire protection sector carries out these tasks
(a) establish a unit of local fire-fighting units of the municipality which carries out fire fighting and rescue work in its territorial district;
(b) provide training for members of its fire protection units and fire patrols, except in the cases referred to in Section 28 (1) (d);
(c) ensure material and financial protection needs, except in the cases referred to in Section 28 (1) (e);
(d) ensure the construction and maintenance of fire protection facilities and facilities for the purposes of its territorial district;
(e) process specified fire protection documentation;
(f) setting up fire reporting centres.
(2) The Municipality of Delegated on the fire protection sector carries out these tasks
(a) carry out preventive fire checks;
(b) ensure, according to the fire alarm plan, the district fires and rescue operations outside its territorial district;
(c) to deal with offences in matters entrusted to it in this section of the administration;
(d) carry out, on the fire protection section, the tasks set out for the period of State security alert. "
44. in Article 30 (c), the words "national committees" are replaced by the words "regional authorities and municipalities."
45.

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Regulation Information

CitationAct No. 203 / 1994 Coll., amending and supplementing Act No. 133 / 1985 Coll., on Fire Protection, as amended by Act No. 425 / 1990 Coll. and Act No. 40 / 1994 Coll.
Regulation TypeLaw
Author-
CollectionCode of Laws
Date of Promulgation10.11.1994
Effective from01.01.1995
Effective until-
Status Valid
The regulation text is for informational purposes only.
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