Act No. 238 / 2000 Coll.
Act on the Fire Department of the Czech Republic and on the amendment of certain laws
Valid
Effective from 01.01.2001
238
THE LAW
of 28 June 2000
on the Fire Department of the Czech Republic and amending certain laws
Parliament has decided on this law of the Czech Republic:
_
ORGANISATION, MANAGEMENT AND TASKS OF THE HASICAL SAFETY COMMITTEE OF THE CZECH REPUBLIC
(1) The Fire Department of the Czech Republic ("the Fire Rescue Corps") is hereby established, the primary objective of which is to protect the lives and health of the population and property from fires and to provide effective emergency assistance. 1)
(2) The Fire Department shall carry out tasks to the extent and under the conditions laid down in specific legislation.1), 2), 3)
(3) In carrying out its tasks, the Fire Safety Corps is cooperating with administrative and other state authorities, authorities of self-government, legal and natural persons, international organisations and foreign bodies. Cooperation shall, in particular, be subject to the establishment of rights and obligations for the provision of assistance and emergency information between them, provided that the provisions of other legislation or the obligation of confidentiality do not prevent this.
(4) The Fire Department shall be entitled to conclude on behalf of the Czech Republic with all the bodies referred to in paragraph 3 of the Agreement governing the conditions and modalities of cooperation.
(1) The fire brigade consists of:
(a) the Directorate-General of the Fire Rescue Corps ("Directorate-General"), which is part of the Ministry of Interior ("Ministry"),
(b) fire brigade of regions,
(c) a rescue service;
d) High School of Fire Protection and Higher School of Fire Protection in Frýdku-Městka.
(2) The seat of the district is the seat of the fire department of the region, except for the fire department of the Central Bohemian Region, whose seat is Kladno.
(3) Where specific legislation provides for the competence of the Ministry within the limits of the fire department's tasks, it shall be carried out by the Directorate-General.
(4) The Ministry establishes an operational and information centre at Directorate-General level. The Fire Department of the Region shall establish operational and information centres as part of the Fire Department of the Region.
(5) The Director-General of the Fire Rescue Corps ("the Director-General ') shall be the Head of the Directorate-General.
(6) The head of the Fire Department of the Region is the Director of the Fire Department of the Region (the Regional Director).
(7) The Directorate-General
(a) fire brigade of regions which are the organisational components of the State and the accounting units; their revenue and expenditure are part of the budget chapter of the Ministry,
(b) a rescue service which is an organisational component of the State and the entity; its revenue and expenditure are part of the budget chapter of the Ministry.
(8) The Directorate-General and the fire department of the regions establish educational, technical and purpose facilities for the fire department.
In particular, the rescue service shall perform extraordinary tasks of the fire brigade and train for this. In addition, it shall teach and train to obtain a driving licence and improve the professional competence of drivers.
(1) The tasks of the fire brigade shall be performed by members of the fire brigade in service (hereinafter referred to as "member") and by civil servants of the fire brigade in service (hereinafter referred to as "civil servant").
(2) The government shall determine the total number of members and civil servants.
Reimbursement of costs of intervention
(1) The fire department of the county, the rescue department and the operator of the unit of the voluntary fire department of the municipality, which is included in the list of units within the framework of the regional regulation laying down the conditions for ensuring the coverage of the area of the region by fire protection units and which intervened at the call of the operational and information centre of the fire department of the region, shall be reimbursed for the costs incurred by:
(a) the intentional conduct of a person, with the exception of the conduct of a person who is incompetent or who is unable to control and assess the consequences of his or her mental illness; or
(b) in the event of an accident.
(2) The costs referred to in paragraph 1 shall be borne for each intervention hour started by a lump sum. Their reimbursement is without prejudice to the right to reimbursement of similar costs under another legislation.
(3) For the purposes of the reimbursement of the costs referred to in paragraph 1, the competent authority which has decided on the matter shall, without undue delay, provide the competent fire department of the county or rescue department with the final decision or final judgment necessary to exercise the right to reimbursement of the costs referred to in paragraph 1. This shall not apply where such provision may jeopardise the purpose of any other criminal proceedings. The obligation to provide the information necessary to exercise the right to reimbursement referred to in paragraph 1 shall apply mutatis mutandis to the Czech Insurers' Office, if this is the case referred to in paragraph 1 (b). This information shall be provided free of charge.
(4) In the case referred to in paragraph 1 (b), the fire brigade shall apply costs directly against:
(a) the competent insurance undertaking which has entered into an insurance contract under the law governing insurance of liability for the use of a vehicle for which the operation has been caused by damage;
(b) the Czech Insurers' Office, where the operation of the vehicle has caused damage which it is obliged to replace from the guarantee fund; or
(c) the Ministry of Finance, where the damage was caused by the operation of a domestic vehicle, except from the insurance of liability from the operation of the vehicle.
(5) If there is a dispute between the persons referred to in paragraph 4 as to who is to pay the costs referred to in paragraph 1 (b), they shall be paid by the Czech Insurers' Office. If the further investigation shows that the performance should have been provided in whole or in part by the insurance company or by the Ministry of Finance, the insurance company or this Ministry, as the case may be, are obliged to reimburse the Czech Insurers' Office for the costs provided. The replacement of the costs referred to in paragraph 1 shall be applied by the district fire brigade or by the rescue department as well as by the formation of the unit of the community's voluntary fire department. The reimbursement of these costs shall be sent to the account of the competent fire department of the county, the rescue department or the formation of the unit of the voluntary fire department of the municipality; details of these accounts are communicated to the Czech Insurance Office.
(6) The Government shall, by regulation, fix the flat-rate amount of the costs for each starting hour of intervention referred to in paragraph 1.
RIGHTS AND OBLIGATIONS OF COMPETENT AUTHORITIES
Authorisation of members
(1) A member shall be entitled, where required by the effective security of the performance of the fire brigade's tasks, to invite any person not to enter designated posts or to submit to the restrictions resulting from the performance of official intervention (hereinafter referred to as intervention); the intervention means, in particular, protective, rescue and disposal measures carried out by the fire brigade. Everyone is obliged to obey a member's call. A member shall be entitled to invite a person who does not comply with the restrictions laid down to prove his identity and shall be obliged to comply with the call.
(2) An officer with appropriate professional competence (4) is entitled to use explosives and explosive articles in connection with ensuring the safety of persons and the protection of property.
(3) A member shall be entitled to request from legal and natural persons the information necessary to perform the essential tasks of the fire brigade.
(1) Members shall be entitled to carry out the necessary findings and tasks (hereinafter referred to as "the act '), to consult the relevant documentation and to require the necessary synergies; The action shall be understood as an activity carried out in the exercise of the administration in the field of fire brigade competence. When performing operations, members shall be entitled to enter and enter premises and facilities for the period necessary to carry out such activities properly.
(2) A member shall be entitled to open and enter an apartment or other enclosed space to perform an intervention which cannot be delayed. In doing so, he shall be obliged to ensure the presence of the non-party, unless there is a risk of delay. After the intervention, the member must immediately notify the authorities of the Czech Police Department.
(3) Special legislation applies to the entry into military buildings, to the Police of the Czech Republic, to the Security Information Services, to the Prison Services of the Czech Republic and to the Customs Administration of the Czech Republic. 5)
Special obligations of members
(1) A member shall also be obliged to take action or to take other measures to carry out the action during the off-duty period.
(2) A member shall not be obliged to intervene if:
(a) is under the influence of medicines or other substances which seriously reduce its ability to act;
(b) it is not professionally trained or trained or equipped with appropriate technical means, the nature of the intervention of such training, training or equipment by technical means.
(3) When carrying out an intervention or an act, the member shall ensure that, in the context of such an activity, persons are not harmed unfairly and that any interference in their rights and freedoms does not exceed the necessary level to achieve the purpose of the intervention or act. He is also obliged to ensure that the property which is the subject of the intervention does not result in alienation or damage which can be prevented until it has been taken over by the owner, user or police of the Czech Republic.
Staff uniforms of members and demonstration of competence with the Fire Rescue Corps
Only a member shall be entitled to wear a service uniform with a designation of belonging to the fire brigade.
(1) The member of the firefighter's rescue team shall be responsible for proving his / her competence by means of a service uniform, a service pass or an oral declaration from the "fire brigade '.
(2) By the oral declaration of the "fire brigade", a member shall only prove his or her responsibility to the fire brigade if the circumstances of the intervention do not permit evidence of his or her competence in the other ways referred to in paragraph 1. A member shall be established as soon as the circumstances permit.
(3) In the course of the operation, the member shall demonstrate his / her responsibility for the fire brigade with a service pass.
(1) A transfer under this law shall be committed by any person who, in a public or public place accessible to the public, uses the uniform of duty with the designation of belonging to the fire brigade.
(2) A fine of up to 10 000 CZK may be imposed for the offence referred to in paragraph 1.
(3) The offence referred to in paragraph 1 shall be dealt with by the district fire brigade. The appeal body shall be the Directorate-General.
(4) The offence referred to in paragraph 1 and its proceedings shall otherwise be subject to special laws. 6)
Professional relationship of members
PROVISIONS COMMON, TRANSITIONAL AND COMPETITION
(1) Members, civil servants and persons responsible for carrying out tasks under special laws (1), (2), (3) are obliged to remain silent on the facts to be kept secret from unauthorised persons in the general interest or in the interests of the persons concerned. The obligation of confidentiality shall continue after termination of service or employment or after completion of the task.
(2) Discharge and the scope of the confidentiality
(a) the Minister or the person authorised by him, if he / she goes to the Director-General;
(b) the Director-General or the person authorised by him, in the case of subordinate members;
(c) the Director of the Fire Rescue Corps of the Region, if it concerns subordinate members or persons referred to in paragraph 1.
(3) Specific legislation on the protection of classified information8).
(1) Rights and obligations from the Directorate-General for Fire Rescue of the Czech Republic are transferred to the Directorate-General on the date of entry into force of this Act. The rights and obligations of the fire department of the districts, the capital of Prague and the cities of Brno, Ostrava and Pilsen are transferred from the date of the entry into force of this Act to the respective fire department of the regions.
(2) Where the term "district fire brigade 'is used in the legislation, this shall mean the district fire brigade. Where the term" Directorate-General for the Fire Rescue of the Czech Republic "is used in the legislation, this shall be understood as the Directorate-General.
(3) Use relations with the real and movable assets owned by the capital of Prague and the cities of Brno, Ostrava and Pilsen, used by the fire brigade of these cities, remain unchanged after the entry into force of this Act, pending the entry into force of the association agreements establishing joint fire protection units, concluded under a special law. 9) If, for reasons of the State, the association agreements are not concluded within 3 years of the date of entry into force of this Act, the Ministry shall be obliged to settle property with these cities.
The authorisation to be checked in the form of a document (10) shall be issued by the Fire Rescue Corps within its responsibility. The card shall be presented together with the service card during the check.
The Ministry sets the decree after consulting the Fire Department
(a) the requirements for professional competence (3) of the members;
(b) rules on the security of documentation for specified activities;
(c) models of service uniforms, models of service cards, their use and the method of external marking.
Amendment of the Act on the organisation and implementation of social security
Act No. 582 / 1991 Coll., on the organisation and implementation of social security, as amended by Act No. 590 / 1992 Coll., Act No. 37 / 1993 Coll., Act No. 160 / 1993 Coll., Act No. 307 / 1993 Coll., Act No. 241 / 1994 Coll., Act No. 118 / 1995 Coll., Act No. 160 / 1995 Coll., Act No. 134 / 1997 Coll., Act No. 306 / 1997 Coll., Act No. 93 / 1998 Coll., Act No. 135 / 1999 Coll., Act No. 133 / 2000 Coll., Act No. 155 / 2000 Coll., and Act No. 159 / 1999 Coll., Act No. 18 / 2000 Coll., Act No. 29 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 133 / 2000 Coll., Act No. 155 / 2000 Coll., and Act No. 159 / 2000 Coll., is amended as follows:
1. In Paragraph 9 (1) (b), the words "members of the Fire Department of the Czech Republic" shall be inserted after the words "members of the Police of the Czech Republic."
2. In the second sentence of Paragraph 110 (1), the words "or at the Fire Department of the Czech Republic" shall be inserted after the words "Police department of the Czech Republic."
Amendment of the Social Security Insurance Act and contribution to the State Employment Policy
Act No. 589 / 1992 Coll., on Social Security Insurance and Contribution to State Employment Policy, as amended by Act No. 10 / 1993 Coll., Act No. 160 / 1993 Coll., Act No. 307 / 1993 Coll., Act No. 42 / 1994 Coll., Act No. 241 / 1994 Coll., Act No. 59 / 1995 Coll., Act No. 118 / 1995 Coll., Act No. 149 / 1995 Coll., Act No. 160 / 1995 Coll., Act No. 118 / 2000 Coll., Act No. 132 / 2000 Coll., is amended as follows:
In Paragraph 25, the following paragraph 4 is inserted after paragraph 3:
"(4) The provisions of Sections 2 to 24 shall also apply to members of the Fire Rescue Corps of the Czech Republic with the following derogations:
(a) where under these provisions the Czech Social Security Administration has jurisdiction, this means the Ministry of Interior;
(b) where these provisions refer to an organisation and a small organisation, this means the competent authority of the Fire Department of the Czech Republic. "
Paragraph 4 shall become paragraph 5.
EFFECTIVE
This Law shall take effect on 1 January 2001.
Klaus v. r.
Havel v. r.
Zeman v. r.
1) Act No. 239 / 2000 Coll., on the Integrated Rescue System and on the amendment of certain laws.
2) Act No. 240 / 2000 Coll., on Crisis Management and on the amendment of certain laws (Crisis Act).
3) Act No. 133 / 1985 Coll., on Fire Protection, as amended.
4) Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended.
5) For example Act No. 555 / 1992 Coll., on the Prison Service and the Judicial Guard of the Czech Republic, as amended, Act No. 154 / 1994 Coll., on the Security Information Service, as amended, § 2 paragraph 1 of the Act No. 219 / 1999 Coll., on the Armed Forces of the Czech Republic, § 29 paragraph 3 of the Act No. 222 / 1999 Coll., on securing the defence of the Czech Republic.
6) Act No. 200 / 1990 Coll., on Infringements, as amended. Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations), as amended.
7) Act No. 186 / 1992 Coll., on the service relationship of members of the Police of the Czech Republic, as amended.
8) Act No. 412 / 2005 Coll., on the protection of classified information and on security competence.
9) § 69a paragraphs 1 and 2 of Act No. 133 / 1985 Coll., as amended by Act No. 237 / 2000 Coll.
10) Paragraph 4 (3) (b) of Act No. 255 / 2012 Coll., on Control (Control Regulations).
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 238 / 2000 Coll., on the Fire Department of the Czech Republic and on the amendment of certain laws |
|---|---|
| Regulation Type | - |
| 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.
Comments 0