Act No. 320 / 2015 Coll.
Act on the Fire Department of the Czech Republic and on the amendment of certain laws (Fire Department Act)
Valid
Law
Effective from 01.01.2016
Contents
ČÁST PRVNÍ
HLAVA I
§ 1
§ 2
§ 3
§ 4
HLAVA II
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
HLAVA III
§ 11
§ 12
§ 13
HLAVA IV
§ 14
§ 15
§ 16
§ 17
§ 18
HLAVA V
§ 19
§ 20
§ 21
§ 22
HLAVA VI
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
§ 29
HLAVA VII
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 37a
§ 38
§ 39
HLAVA VIII
§ 40
§ 41
HLAVA IX
§ 42
§ 43
§ 44
HLAVA X
§ 45
§ 46
§ 47
HLAVA XI
§ 48
§ 49
§ 50
§ 51
§ 52
ČÁST DRUHÁ
§ 53
„ČÁST TŘETÍ
§ 43
§ 44
§ 45
§ 46
§ 47
㤠69a
㤠76a
§ 76b
§ 76c
㤠87a
ČÁST TŘETÍ
§ 54
ČÁST ČTVRTÁ
§ 55
ČÁST PÁTÁ
§ 56
ČÁST ŠESTÁ
§ 57
ČÁST SEDMÁ
§ 58
ČÁST OSMÁ
§ 59
ČÁST DEVÁTÁ
§ 60
ČÁST DESÁTÁ
§ 61
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320
THE LAW
of 11 November 2015
on the Czech Fire Department and amending certain laws (Fire Department Act)
Parliament has decided on this law of the Czech Republic:
_
STABILITY AND TASKS OF THE HASICAL SAFEGUARD CARD
Basic task
(1) The Fire Department of the Czech Republic (the Fire Rescue Corps) is a single safety corps whose primary task is to protect the lives and health of the population, the environment, animals and property from fires and other exceptional occurrences (1) and crisis situations (2).
(2) The Fire Department is involved in ensuring the safety of the Czech Republic (3) by performing and organising fire protection, population protection, civil emergency planning, integrated emergency management, crisis management and other tasks, to the extent and under the conditions laid down by this Act and other legislation4).
Humanitarian aid
The Fire Department organises, in cooperation with the Ministry of Foreign Affairs, the reception of humanitarian aid from abroad to the Czech Republic.
Extraordinary task
(1) The Fire Safety Corps shall, exceptionally, carry out the tasks necessary to protect the life or health of the population, the environment, animals or property where:
(a) such performance does not belong to another public authority or to the performance of such a task by a public authority is not possible under the conditions laid down and that authority requests such performance;
(b) is eligible for such a task;
(c) such performance is not jeopardised by its activities; and
(d) there is a risk of delay.
(2) For the purpose of carrying out a specific extraordinary task, the government may, on a proposal from the Minister of the Interior, allocate funds from the state budget.
Member of the fire brigade and employee
(1) Tasks of the fire brigade
(a) a member of the fire brigade in service under the Law on the service ratio of members of the security corps (hereinafter referred to as "the member");
(b) an employee of the Czech Republic assigned to the fire brigade in employment under the Labour Code (hereinafter referred to as the "employee").
(2) A staff member included in the Directorate-General of the Fire Rescue Corps ("Directorate-General") shall, in the performance of his duties, be governed by the regulations of the Ministry of Interior ("Ministry").
(3) For the purposes of this Act, a systemisation of a fire brigade is understood to mean the systemisation of a fire brigade under the law on the service ratio of members of the security corps and the establishment of the number of staff posts.
(4) The Fire Safety Corps may, after consideration by the Government and in accordance with the Fire Protection Act, exceptionally exceed the systemised number of service and employment posts approved by the Government for the relevant calendar year, provided that the staff member's and the salary of the staff member on the site set up by it are paid exceptionally from non-budgetary sources or from revenue received beyond the mandatory indicators of State budget expenditure. A post of service or employment set up exceptionally shall not be included in the systemisation referred to in paragraph 3.
ORGANISATION AND MANAGEMENT OF THE HASICAL SAFETY COMMITTEE
Organisation of Fire Rescue Corps
The fire brigade consists of:
(a) Directorate-General,
(b) fire brigade of regions,
(c) a rescue service;
(d) school.
Directorate-General
(1) The Directorate-General is part of the Ministry.
(2) The Director-General of the Fire Rescue Corps, hereinafter referred to as the Director-General, is the head of the Directorate-General.
(3) The tasks of the Ministry shall be carried out by the Directorate-General for Fire Protection, Population Protection, Civil Emergency Planning, Integrated Rescue System or Crisis Management, with the exception of the area of public policy and internal security. Furthermore, the Directorate-General shall perform the tasks of the Director-General for Public Research set up under paragraph 9.
(4) The Directorate-General shall be a superior administrative authority in matters where the Fire Department of the Region, the Rescue Service or the School decides.
(5) The Directorate-General manages the fire department of the regions, the rescue department and the school.
(6) The Ministry establishes a National Operational and Information Centre, which carries out the tasks of the Integrated Rescue System Operational and Information Centre (1) and other tasks, if otherwise provided for by other legislation; This Operational and Information Centre is an organisational part of the Fire Rescue Corps.
(7) The Ministry establishes the Fire Department for the protection of the Prague Castle, which is an organisational part of the Fire Department and coordinates the activities of the Fire Department and cooperation with other public authorities or other persons in order to ensure the protection of the Prague Castle.
(8) The Ministry may set up and operate educational, technical or other special purpose equipment to perform the tasks of the Fire Rescue Corps; These devices are the organisational part of the fire brigade.
(9) The Ministry may establish a public research institute for the security of the interests of the Czech Republic (6) for the purpose of carrying out the tasks of fire protection, population protection, integrated rescue system and civil emergency planning.
Fire department of the county
(1) The Fire Department of the Region is an organisational component of the State and the entity; its revenue and expenditure are part of the budget chapter of the Ministry.
(2) The perimeter of the fire department of the county is the same as that of the higher zoning unit in which the fire department of the county has its seat. The names and locations of the fire brigade of the regions are listed in the Annex to this Act.
(3) The Director is at the head of the fire brigade.
(4) Fire department of the county
(a) is an administrative authority with jurisdiction in the territorial district of the relevant higher local authority unit for the exercise of the administration in cases
1. fire protection,
2. protection of the population;
3. civil emergency planning,
4. an integrated rescue system; and
5. Crisis management, with the exception of public policy and internal security; and
(b) carry out tasks arising from other legislation.
(5 The Regional Operational and Information Centre is the centre of emergency communication to the single European emergency number 112 and national emergency number 150.
(6) The Fire Safety Corps of the Region may set up and operate educational, technical or other purpose equipment to perform the tasks of the Fire Rescue Corps; These devices are the organisational part of the fire brigade of the region.
Rescue unit
(1) The rescue service is an organisational component of the State and the entity; its revenue and expenditure are part of the budget chapter of the Ministry.
(2) The name and address of the rescue service are set out in the Annex to this Act.
(3) The head of the rescue unit is the unit commander.
(4) Rescue unit
(a) carry out the tasks of the fire protection unit in dealing with an emergency or emergency situation;
(b) carry out the tasks of restoring the territory affected by an emergency or crisis situation, if the Directorate-General so decides;
(c) perform the role of educational establishment;
(d) conduct training under the Fire Protection and Training Act to obtain a driving licence for the needs of the components of the integrated rescue system and to improve the professional competence of drivers performing tasks within the integrated rescue system.
School
(1) The School is an organisational body of the State and an entity; its revenue and expenditure are part of the budget chapter of the Ministry.
(2) The name and address of the school are set out in the Annex to this Act.
(3) The principal is the head of the school.
(4) The school provides training in the field of fire protection, population protection, integrated rescue and crisis management under the conditions laid down by the Education Act and carries out training under the Fire Protection Act.
Civil defence services
(1) The Directorate-General, the Fire Rescue Corps of the Region and the Rescue Service may establish and prepare civil defence services from the units of voluntary fire service units of municipalities or parts of municipalities for the performance of their tasks in a state of danger or war.
(2) Civil defence services perform the tasks of the fire brigade as part of its organisation.
(3) In order to carry out the tasks referred to in paragraph 2, the fire brigade may create stocks of selected techniques and material.
(4) The number of natural persons assigned to the Civil Defence Service, its organisational structure and equipment shall be decided by the Government on a proposal from the Minister of Interior. The Fire Rescue Corps shall provide training and instruction for persons assigned to the civil defence service.
(5) A natural person assigned to the civil defence service is considered to be a state of danger or a state of war as an employee.
ESSENTIAL OBLIGATIONS OF COMPETENT AND EMPLOYERS
Politeness
A member and a staff member shall, in carrying out the task of the fire brigade, be required to comply with the rules of courtesy and respect for the honour, dignity and dignity of the persons themselves and to behave in such a way as not to damage the reputation of the fire brigade.
Proportionality of the procedure
The member and the staff member shall, in carrying out the task of the fire brigade, ensure that another person does not suffer unfounded damage and that any impact on his rights and freedoms does not exceed what is necessary to achieve the purpose of the task pursued.
Initiative
(1) A member shall be obliged to take measures, at an off-duty period, to immediately save the life or health of a person or property.
(2) The obligation referred to in paragraph 1 does not apply to a member where:
(a) its abilities are reduced as a result of its health or the influence of a drug or other substance, so that proper implementation or completion of the measures would be jeopardised;
(b) is not trained or trained or equipped with the appropriate technical or protective equipment for the implementation of the measure, the nature of the measures requiring such training, training or technical or protective equipment; or
(c) it is clear that the measure cannot be successfully completed.
SERVICE STATUS AND PROOF OF COMPETENCE
Men's or boys' suits and ensembles
(1) A member shall carry out the service according to the nature of the task performed in the uniform or in civil clothing. If the nature of the task so requires, the member of the service shall be wearing intervention clothing and using appropriate protective equipment.
(2) Only a member may wear a service uniform with a designation of belonging to the fire brigade.
Wearing a service uniform by a former member
(1) A member whose service is terminated (hereinafter referred to as "former member") shall be entitled to the licence of a former certifying officer to wear, on appropriate occasions, a uniform of service with a designation of responsibility for the fire brigade and a different designation, provided that he has achieved at least good results in the performance of the service, that he has requested in writing the wearing of a uniform of service with a different designation, according to his last professional rank, of the Director of the fire brigade, of the district fire brigade or of the school head, and
(a) his service ended on 31 December of the calendar year in which he reached the age of 65 and served in the fire brigade for at least 15 years;
(b) has been discharged from service at his own request and has served in a fire brigade for at least 15 years; or
(c) has been discharged from service because of the loss of medical fitness for the performance of duty.
(2) A former member who was appointed on the date of termination of his service as Director General, Director of the Fire Rescue Corps of the Region, Head of the Department or Head of the School shall be issued with a former member's licence without application.
(3) In cases of special consideration, the Director-General may issue a certificate to a former member who does not fulfil the conditions laid down in paragraph 1 or whose service ended in accordance with the legislation preceding the law on the service relationship of members of the Security Corps, if that former member so requests.
(4) The card of the former member shall be issued within 60 days of the date on which the application is submitted. A former member who was appointed on the date of termination of service as Director General, Director of the Fire Department of the Region, Head of Department or Head of School shall be issued a former member's card within 60 days of the date of termination of service.
(5) The former member's licence shall bear the name and / or the names, surnames, date of birth and the highest rank or rank of former member, as appropriate.
(6) The holder of a licence of a former member shall be entitled to wear a uniform of service with a designation of belonging to the fire brigade and a different designation in a manner which does not prejudice the reputation of the fire brigade.
Proof of jurisdiction
(1) A Member shall demonstrate his / her competence to the Fire Rescue Corps by means of a service uniform with a designation of competence to the Fire Rescue Corps or a service pass. In the case of intervention under the single command, only the unit commander or the unit commander shall demonstrate responsibility for the fire brigade.
(2) The staff member shall demonstrate his / her competence with the fire brigade by means of an employee card.
(3) If the circumstances of the task make it impossible to demonstrate jurisdiction in the manner referred to in paragraph 1, the member shall be proved by the oral declaration "Fire Rescue Corps." The method referred to in paragraph 1 shall be established as soon as the circumstances of the task permit.
Demonstration of the inspection mandate
The certificate to demonstrate the inspection mandate shall be issued by the fire department. This card shall be presented by the member of the inspection together with the service pass.
Authorisation provisions
The Ministry shall determine by decree:
(a) the types and models of service uniforms of the fire brigade, including the manner in which the fire brigade is designated and the distinguishing sign; and
(b) the model of the service card, the model of the staff member's pass and the method of proving competence by the service pass.
COOPERATION AND OTHER RELATIONS
Cooperation
(1) In carrying out its tasks, the Fire Safety Corps shall cooperate with administrative and other state authorities, local authorities and persons.
(2) Closer conditions and modalities of cooperation may be provided for in an agreement concluded between the fire brigade, the district fire brigade or the rescue service and the office, authority or person referred to in paragraph 1.
Evaluation of threats and coordination
The Fire Safety Corps shall assess the risks arising from the occurrence or spread of a chemical, mixture or preparation and coordinate the administrative authorities in assessing the occurrence and spread of such substances in order to ensure the protection of the population in dealing with an emergency or emergency situation. In a state of threat to the state declared in connection with the defence of the Czech Republic against external assault or in a state of war, it carries out this activity in cooperation with the Czech Army.
Request for assistance
To the extent necessary for the performance of the task, a member shall be entitled to request information, cooperation or other similar assistance from the Office, authority or person referred to in Article 19 (1). The Office, the institution or person shall be required to provide the information, synergies or other similar assistance required; it does not have to do so if the legal or State-recognised obligation to remain silent or to fulfil another legal obligation to do so. A natural person may no longer do so if, by providing assistance, he would put himself or someone close to him at serious risk.
International cooperation
(1) The Fire Department shall cooperate with international organisations, authorities of a foreign State or foreign persons in the performance of its tasks.
(2) Closer conditions and modalities of cooperation may be laid down in implementing documents in the framework of concluded international agreements. Cooperation may also be defined in written arrangements which are not international treaties.
MEASURES RELATING TO MATTER, PLACE OR PERSONS
Use of dangerous substance
(1) The Fire Safety Corps may acquire, hold, store and use dangerous substances and goods for the purpose of carrying out the task, teaching, training, testing or expert activities or for the purpose of carrying out other activities in the performance of the task; For this purpose, dangerous substances and goods shall mean explosives, pyrotechnic articles, chemicals, radioactive substances, biological agents and toxins, unregistered medicinal products or other similarly dangerous substances and goods.
(2) A member shall be entitled to use explosives and pyrotechnic articles in the performance of his task,
(a) has been professionally prepared for this purpose by the fire brigade and are going to tear small-scale work; or
(b) if it has the appropriate competence under the Mining, Explosive and State Mining Act.
(3) Fire department
(a) take measures to prevent unauthorised or accidental access to or the unauthorised use, destruction or loss of dangerous substances and goods; and
(b) it shall process and keep records of dangerous substances and goods.
Removal and destruction
(1) A member shall be entitled to ensure, or, where appropriate, to remove a case where there are reasonable grounds for suspecting that he constitutes an imminent serious threat to human life or to human health, the environment, animals or property, and such a threat cannot be eliminated otherwise.
(2) The Fire Safety Corps shall transmit the secured item without undue delay to the public authority under whose jurisdiction it falls if the item cannot be transferred on site to its owner, administrator or authorised user.
(3) If the threat cannot be eliminated in accordance with the procedure laid down in paragraph 1, the member is entitled to destroy the case.
Transport and other handling of dangerous substances
In the transport and further handling of a dangerous substance used, or resulting from an intervention or a item secured or intended for destruction pursuant to Section 24, the fire brigade shall take care and take due account of the adjustment of the conditions for handling the substance or item under another legislation.
Restrictions in relation to the location or in connection with intervention
A member shall be entitled to invite any person to:
(a) has not entered or remained in a designated place for the period necessary to ensure the performance of the task,
(b) for the period necessary, has remained at the designated place or has endured the necessary measures for the protection of life or health appropriate to the type of danger, where there is a serious threat to life or health; or
(c) it has undergone other necessary restrictions resulting from intervention if necessary to ensure that the task is carried out.
Obligation to obey a call or instruction
Each person shall be obliged to comply without undue delay with the call or instruction of the member in connection with the performance of the task.
Entrance to homes, other premises and land
(1) A member is entitled to enter the residence if he / she has reason to suspect that life is at risk or that human health is seriously at risk or there is damage to property that could exceed CZK 50,000.
(2) A member shall be entitled to enter an object which does not serve as a dwelling or to land for the time necessary to perform the task properly, unless the purpose of the entry cannot be otherwise achieved.
(3) A Member may, for the purposes of entering the place referred to in paragraph 1 or 2, open or otherwise arrange for access to that place.
(4) If circumstances do not prevent this, the member shall ensure the presence of a non-participating person when entering the accommodation. A member shall inform the Police of the Czech Republic of the entry into the residence without undue delay.
Measures concerning power pipelines and other equipment
A member shall be entitled to switch off or displace, to the extent necessary, the supply of electricity, gas, heat, water or other equipment for intervention, unless the danger can be averted otherwise under the circumstances and the consequence caused is likely not to be as serious or even more serious as the one which would be threatened.
INFORMATION WORKING
Recording
(1) Fire department may record sound, images or other records
(a) persons and items who are located in places open to the public for the purpose of carrying out a particular task;
(b) reports and associated operational and localisation data which are transmitted through electronic communications networks and services at the operational and information centre; or
(c) another specific task.
(2) Where a permanent automatic system is set up to take an alert under paragraph 1, the fire brigade shall make the information on the establishment of such a system publicly available in an appropriate manner.
Contents
ČÁST PRVNÍ
HLAVA I
§ 1
§ 2
§ 3
§ 4
HLAVA II
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
HLAVA III
§ 11
§ 12
§ 13
HLAVA IV
§ 14
§ 15
§ 16
§ 17
§ 18
HLAVA V
§ 19
§ 20
§ 21
§ 22
HLAVA VI
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
§ 29
HLAVA VII
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 37a
§ 38
§ 39
HLAVA VIII
§ 40
§ 41
HLAVA IX
§ 42
§ 43
§ 44
HLAVA X
§ 45
§ 46
§ 47
HLAVA XI
§ 48
§ 49
§ 50
§ 51
§ 52
ČÁST DRUHÁ
§ 53
„ČÁST TŘETÍ
§ 43
§ 44
§ 45
§ 46
§ 47
㤠69a
㤠76a
§ 76b
§ 76c
㤠87a
ČÁST TŘETÍ
§ 54
ČÁST ČTVRTÁ
§ 55
ČÁST PÁTÁ
§ 56
ČÁST ŠESTÁ
§ 57
ČÁST SEDMÁ
§ 58
ČÁST OSMÁ
§ 59
ČÁST DEVÁTÁ
§ 60
ČÁST DESÁTÁ
§ 61
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Regulation Information
| Citation | Act No. 320 / 2015 Coll., on the Fire Department of the Czech Republic and on the amendment of certain laws (Act on the Fire Department) |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.12.2015 |
|---|---|
| Effective from | 01.01.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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