Act No. 415 / 2021 Coll.
Act amending Act No. 133 / 1985 Coll., on Fire Protection, as amended, and Act No. 239 / 2000 Coll., on Integrated Rescue System and on the Amendment of Certain Acts, as amended
Valid
Law
Effective from 01.12.2021
Text versions:
01.12.2021
23.11.2021
415
THE LAW
of 26 October 2021
amending Act No. 133 / 1985 Coll., on Fire Protection, as amended, and Act No. 239 / 2000 Coll., on an Integrated Rescue System and amending certain laws, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Fire Protection Act
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., Act No. 163 / 1998 Coll., Act No. 71 / 2000 Coll., Act No. 237 / 2000 Coll., Act No. 320 / 2002 Coll., Act No. 413 / 2005 Coll., Act No. 186 / 2006 Coll., Act No. 264 / 2006 Coll., Act No. 281 / 2009 Coll., Act No. 341 / 2011 Coll., Act No. 350 / 2011 Coll., Act No. 229 / 2012 Coll., Act No. 225 / 2011 Coll., Act No. 284 / 2013 Coll., Act No. 344 / 2013 Coll., Act No. 64 / 2014 Coll.
1. The following Sections 8 and 9 are inserted after Section 7:
(1) Social services facilities providing social services in the form of residential services under the Social Services Act must be equipped with:
(a) by electric fire signalling, where the accommodation capacity of this facility is above 50 persons;
(b) an autonomous detection and signalling facility where the accommodation capacity of that facility is 50 persons or less, unless it is equipped in accordance with (a).
(2) Where more than one social service facility is operated in the construction, which provides social services in the form of residence services under the Social Services Act and the sum of the accommodation capacity of such facilities is above 50 persons, the procedure referred to in paragraph 1 (a) shall be followed.
(3) At the request of an electrical fire alarm operator in the part of the construction where the social service referred to in paragraph 1 is provided, the fire department of the region shall attach the electrical fire alarm referred to in paragraph 1 (a) by means of a remote transmission device to the counter of centralised protection located at the Regional Operations and Information Centre of the Fire Rescue Corps of the region, upon fulfilment of the conditions for such connection.
(4) The Fire Safety Corps of the Region shall examine the application referred to in paragraph 3 and inform the applicant in writing of the conditions under which the connection can be made. The contract to connect electrical fire alarms to the centralised protection counter shall include in particular the designation of the contracting parties and the conditions for connecting electrical fire alarms to the centralised protection counter. One-off connection fee and monthly connection price for electric fire alarm to the centralised protection counter are not required.
(1) An immovable national cultural monument which is equipped with an electric fire alarm can be connected, at the request of the fire alarm operator, by means of a remote transmission device to a centralised protection counter located at the Regional Operations and Information Centre of the Fire Rescue Corps of the Region.
(2) The Fire Safety Corps of the Region will examine the application and inform the applicant in writing of the conditions under which the connection can be made. The contract to connect electrical fire alarms to the centralised protection counter shall include in particular the designation of the contracting parties and the conditions for connecting electrical fire alarms to the centralised protection counter. One-off connection fee and monthly connection price for electric fire alarm to the centralised protection counter are not required.
(3) The real cultural monument referred to in the agreement concluded between the Directorate-General of the Fire Rescue Corps of the Czech Republic (hereinafter referred to as "Directorate-General") and the Ministry of Culture can be connected to the counter of centralised protection located at the Regional Operations and Information Centre of the Fire Department of the Region under similar conditions as the real national cultural monument. "
2. In Paragraph 26 (1), the words "fire brigade (Directorate-General) 'are deleted.
3. in Paragraph 31 (1) (b):
"(b) assessment of building or land planning documentation
1. the regulatory plan replaces the territorial decision relating to the location of the construction,
2. supporting documents relating to the location of the building for territorial approval or documentation for the issue of a territorial decision;
3. project documentation of the construction or documentation for the announcement of the construction, in those cases where the construction documentation is not required for the announcement of the construction, or
4. documentation to change the use of the construction;
the assessment shall be carried out to the extent of the fire safety solution in accordance with the special legislation (13) or to the extent of a similar document sufficient to assess the fire safety of the building, only for the construction sites where the state fire control is carried out; ';
4. in Paragraph 31 (1) (e):
'(e) the approval of the assessment of the fire hazard of activities and the approval of the fire fighting documentation;';
5. In Article 31, the following paragraph 5 is added:
"(5) The competent administrative authority responsible for the revocation, confirmation or amendment of a binding opinion issued in accordance with paragraph 3 shall be the fire department of the county for the construction of:
(a) within the scope of Section 39 (1) (c), the Director of the Fire Rescue Corps of the Region;
(b) within the scope of Section 39 (1) (d) of the Directorate-General. "
6. In Part Two, the third section, including the title and footnote 15, is added:
Construction categorisation in terms of fire safety
(1) In terms of fire safety and the protection of the population, the construction is divided into:
(a) construction of category 0, not presenting special hazards;
(b) construction of category I, presenting a slight danger;
(c) construction of category II, presenting a higher hazard;
(d) construction of category III, which presents a high risk.
(2) The implementing act shall lay down the criteria and characteristics of the construction for its classification in the category referred to in paragraph 1. A characteristic of the construction is the construction technical parameter and its location. Criterion
(a) the requirement for construction in respect of the conditions of evacuation;
(b) the risk of construction in which a flammable or fire-resistant substance or other similarly dangerous substance is produced, processed, used, transported or stored; and
(c) protection of other public interest relevant to the classification of the construction in the relevant category.
(1) State fire surveillance is not carried out within the scope of § 31 (1) (b) and (c) for construction categories 0 and I.
(2) For the construction referred to in § 39 (1) (b), (c) or (d), a fire-safety solution shall be processed in accordance with the special legislation13). In a fire safety solution, its processor demonstrates the conformity of the proposed construction project with the technical conditions of fire protection for the design of structures laid down by implementing legislation15).
(3) For the processing of a fire safety solution for construction of categories I and II, a person authorised for the field of fire safety of construction is authorised under the special legislation (12).
(4) For the processing of a fire safety solution for category III construction, a person authorised for the field of fire safety of construction pursuant to special legislation (12) is authorised to do so at the same time, and has been granted specialisation within that field under special legislation (12).
15) Decree No. 23 / 2008 Coll., on technical conditions for fire protection of buildings, as amended by Decree No. 268 / 2011 Coll. '.
7.
The Administrative Regulation shall not apply to decisions under Paragraph 73 (3). Opinions issued under this Act as a basis for decisions or other acts under the Construction Act are a binding opinion under the Administrative Code and are not a separate administrative decision. Opinions on the draft regulatory plan are not an administrative decision. ';
8. In Article 99, the words "which satisfies the conditions laid down in Article 40 (4) 'shall be inserted after the words" construction safety'.
9. in Article 101 (a), the text "§ 39 (2)" is inserted after the text "§ 31a,"
Transitional provisions
1. Social services providing social services in the form of residence services before the date of entry into force of this Act must ensure compliance with the obligation under Paragraph 8 (1) and (2) of the Fire Protection Act within 3 years of the date of entry into force of this Act.
2. Social services providing social services in the form of residence services before the date of entry into force of this Act must be equipped with an electric fire alarm in the part of the construction in which the service is provided, provided that similar social care is provided by another operator and the total of accommodation capacity is over 50 persons.
3. A person who fulfils the conditions laid down in Section 40 (3) of the Fire Protection Act shall be entitled for a period of 5 years from the entry into force of this Act to process fire safety solutions for construction category III and apply a different procedure under Section 99 of the Fire Protection Act.
4. A person authorised to process a fire-safety solution under the current legislation shall be entitled to process a fire-safety solution of categories I and II for a period of 2 years after the entry into force of this Act.
Amendment of the Integrated Rescue System Act
Act No. 239 / 2000 Coll., on the Integrated Rescue System and on the amendment of certain laws, as amended by Act No. 320 / 2002 Coll., Act No. 20 / 2004 Coll., Act No. 186 / 2006 Coll., Act No. 267 / 2006 Coll., Act No. 306 / 2008 Coll., Act No. 151 / 2010 Coll., Act No. 375 / 2011 Coll., Act No. 303 / 2013 Coll., Legislative Measures of the Senate No. 344 / 2013 Coll., Act No. 64 / 2014 Coll., Act No. 183 / 2017 Coll., Act No. 225 / 2017 Coll., Act No. 277 / 2019 Coll., Act No. 403 / 2020 Coll. and Act No. 284 / 2021 Coll., is amended as follows:
1. Paragraph 10 (6), including footnote 29, reads:
"(6) To the extent provided for by other legislation29), the fire brigade of the region is concerned by the authority in the territorial and building proceedings and in the common territorial and building management14) with regard to the protection of the population. The Fire Department of the Region shall be responsible for checking compliance with the conditions of protection of the population before the construction is put into use.
29) Paragraph 39 (1) (c) and (d) of Act No. 133 / 1985 Coll., on Fire Protection, as amended. '
2. In Article 33 (1), the words "and the refund procedure referred to in Articles 29 and 30 'shall be inserted after the words" Article 28'.
EFFECTIVE
That law shall take effect on the first day of the calendar month following its publication.
Pekarová Adamová v. r.
Zeman v. r.
Babiš v. r.
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Regulation Information
| Citation | Act No. 415 / 2021 Coll., amending Act No. 133 / 1985 Coll., on Fire Protection, as amended, and Act No. 239 / 2000 Coll., on Integrated Rescue System and on the Amendment of Certain Acts, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.11.2021 |
|---|---|
| Effective from | 01.12.2021 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Security
Administrative law
Public Contracts 5
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