Decree No. 460 / 2021 Coll.
Decree on the categorisation of buildings in terms of fire safety and public protection
Valid
Order
Effective from 11.12.2021
Text versions:
11.12.2021
10.12.2021
460
DECLARATION
of 6 December 2021
on the categorisation of buildings in terms of fire safety and public protection
The Ministry of the Interior provides pursuant to § 39 (2) of Act No. 133 / 1985 Coll., on Fire Protection, as amended by Act No. 415 / 2021 Coll.:
GENERAL PROVISIONS
Subject matter
This decree sets out the criteria and characteristics of the construction category in terms of fire safety and the protection of the population for the classification of the building in this categoris1).
Definitions of basic terms
For the purposes of this decree:
(a) above-ground floors of each floor having a floor level or its predominant part above or equal to 800 mm below the highest level of adjacent terrain in a zone of 5,0 m wide around the perimeter of the building;
(b) the underground floors of each floor having a floor level or its predominant parts below 800 mm below the highest level of adjacent terrain in a zone of 5,0 m across the perimeter of the building;
(c) the height of the construction at the building vertical distance from the floor surface of the first floor of the lowest above ground to the floor surface of the last above ground floor;
(d) the height of the building in the case of a building which is not a building, the height of the above-ground part in which the residence of persons or the conduct of fire intervention is envisaged;
(e) the class of use of the criterion under which the construction is assessed on the basis of the conditions of the object evacuation, taking into account the use of the construction or part thereof for the sleep of persons, for the public, or for the use of persons whose evacuation in a fire is subject to assistance from other persons;
(f) a space intended for sleeping space in a structure which is intended for the sleeping of persons, except that space intended for sleeping exclusively in the exercise of an alert;
(g) the space intended for the public is a building space which is intended for use by a person who is not an operator of an activity in that area, is not an employee or a person in a similar position in carrying out or not owning tasks arising from that position to that operator;
(h) the space intended for persons whose evacuation in a fire is conditional on the assistance of other persons, the space in construction intended for use by persons with a severe defect in the carrier or movement, severe hearing or visual impairment, severe or deep mental retardation, persons in detention, persons in custody, persons in prison or persons with significantly reduced mobility or orientation in connection with the provision of health care, or children under the age of six;
(i) the floor accessible space defined by two above each other by the supporting structures of the ceiling or floor on the ground or roof, including the attic;
(j) the vertical clearance between the upper face of the floor and the plane of the lower face of the ceiling or the suspended ceiling of the floor; for beam ceilings with visible beams, a light height means the distance between the upper face of the floor on the lower face of the ceiling between the beams, at the ceiling of the vaults on the lower face of the top of the vault and at the ceiling of the oblique to the highest point of tilting,
(k) the building of the above-ground building, including its underground part of the space-focused and externally largely enclosed by the perimeter walls and roof structures.
BASIC CATEGORY AND CRITERIUM FOR ESTABLISHMENT OF THE CATEGORY
(1) The construction is categorised as a whole. In the case of a set of structures, individual structures are classified separately.
(2) The construction is characterised for the purposes of this decree by the construction technical parameter which means:
(a) the height of the construction, the area built, the number of floors and the number of persons for which the construction is intended; or
(b) another similar construction parameter, in particular the ground clearance or tunnel length.
(3) The criterion of construction is for the purposes of this decree
(a) use class;
(b) the presence of dangerous substances or other risk factors; or
(c) a declaration of the construction as a cultural monument.
Height of construction
In the case of a building with several above-ground floors, when determining the height of the building and the number of floors, no account shall be taken of the last above-ground technological floor or soil space, unless it is intended for the residence of persons, there is no working space on which the worker is regularly present for more than 2 hours per shift or is not used for the storage or storage of flammable substances. For a building with one above-ground floor or a structure with only an underground floor, the height is equal to zero.
Use class
(1) The use class is determined according to the purpose of the construction.
(2) If the construction is used for several purposes, the use class shall be determined for its individual parts which have similar uses in terms of fire safety ("part of the construction ').
(3) The use classes are defined as follows:
(a) the first use class includes the construction or part of the construction in which there is no space for sleeping, the space intended for the public, or the space intended for persons whose evacuation in a fire is subject to assistance from other persons;
(b) the second use class includes a construction or part of a building in which there is no sleeping space or space intended for persons whose evacuation in a fire is conditional on assistance from other persons, but may include a space intended for the public;
(c) the third use class includes a construction or part of a building in which there is no public space or space intended for use by persons whose evacuation in a fire is conditional on assistance from other persons but may include a sleeping space;
(d) the fourth class of use includes a construction or part of a building in which there is no space intended for persons whose evacuation in a fire is conditional on the assistance of other persons but may include a space intended for sleeping and, at the same time, a space intended for the public;
(e) the fifth class of recovery shall include the construction or part of the building in which the space intended for persons whose evacuation is conditional upon assistance by other persons.
(4) The highest class of use is the fifth class.
CONSTRUCTION CATEGORY
Category 0 structures
(1) Category 0 construction for the purposes of this Decree means:
(a) a waterworks, including a waterway, with the exception of a building, a tank or a water storage tank or other non-flammable liquid and an outdoor pool, unless it is a source of fire water;
(b) mast, antenna, base station of radio communications and telecommunications operations, excluding buildings;
(c) wall, fence,
(d) a greenhouse standing separately,
(e) infrastructure or a reinforced area, with the exception of a motorway or infrastructure construction or a reinforced area fulfilling the function of access communication or entry area for fire-fighting equipment;
(f) parking, excluding the building;
(g) the construction of a track, excluding a building or tunnel;
(h) information and advertising equipment, if not located within the building;
(i) bridge weight construction;
(j) washing ramp,
(k) underground lines of the distribution system in electricity and gas, electronic and optical networks, heating distribution equipment, excluding buildings;
(l) the management of the public lighting network, including masts and systems for control, signalling, information and telecommunications;
(m) water, sewage and energy connections and electronic communications connections,
(n) a sports and children's playground, located outside the building, with the exception of that which is part of the building.
(2) Category 0 construction is also meant for the purposes of this Decree for maintenance work or construction work, provided that their implementation does not adversely affect the fire safety of the construction or does not affect the permanent protection area of the permanent shelter. Such maintenance work or building modifications shall be assessed in terms of requirements for project documentation or construction documentation as category 0, regardless of the actual construction category in which they will be implemented. Paragraph 3 (1) of the Decree does not apply in these cases.
Category I structures
(1) Category I construction means a building for the purposes of this decree
(a) with a construction height not exceeding 9 m,
(b) intended for a maximum of 100 persons, unless it is intended exclusively for housing;
(c) with a fixed area not exceeding:
1.200 m2,
2. 500 m2, in the case of construction with first use class, which has a maximum of two above-ground floors and one underground floor without living rooms,
3. 600 m2, in the case of a building on one above ground floor, with a second class of use with a light height up to 12 m, which is not covered,
4.800 m2 if the construction is intended exclusively for housing, or
5. 1 000 m2 in the case of a first-class construction which has one above-ground floor with a light height of up to 12 m and is not covered,
(d) with a maximum of one underground floor, and
(e) with a first to third use class or a fourth use class with a maximum of two floors above ground and intended for accommodation of no more than 20 persons.
(2) For the purposes of this Decree, category I is further understood as
(a) construction which is not a building;
1. the height of the building up to 9 m, or 22,5 m, in the case of a first class building; and
2. intended for a maximum of 400 persons,
(b) construction of a road and rail tunnel with a maximum length of 100 m;
(c) construction of a fire water source, if not a building; or
(d) infrastructure construction, excluding infrastructure construction pursuant to § 6 (1) (e).
(3) Category I construction is not
(a) a building which is a cultural monument,
(b) construction which is intended for the presence of flammable liquid (2) with a total volume of more than 5 m3;
(c) a building which is intended for the presence of flammable or flame-promoting gas in a container or container with a sum of internal volumes of more than 600 litres;
(d) the construction of a container of flammable or burning gases with an internal volume greater than 5 m3;
(e) the building in which pyrotechnic articles are stored, with the exception of storage in sales rooms and hand storage (3);
(f) a construction in which a category 1 acute toxicity substance with a total quantity of more than 100 kg, a category 2 acute toxicity substance with a total quantity of more than 1000 kg or a category 3 acute toxicity substance with a total quantity of more than 1000 kg in the case of an exposure inhalation pathway (4); or
(g) a building in which there is a permanent shelter.
Category II structures
Category II construction is a construction which cannot be categorised under § 6, 7 or 9.
Category III structures
Category III construction for the purposes of this Order means:
(a) building
1. the height of the construction is greater than 45 m if the construction is of first to third use class;
2. the height of the construction is greater than 22,5 m, in the case of a construction with a fourth or fifth class use;
3. the height of the construction is greater than 6 m if it is a construction with a fifth class of use intended for more than 10 persons whose evacuation in a fire is conditional on assistance from other persons;
4. with more than 2 underground floors,
5. intended for more than 1000 persons,
6. intended for more than 100 persons whose evacuation in a fire is subject to assistance from other persons; or
7. intended for accommodation of more than 100 persons,
(b) the construction of a large volume storage tank for flammable liquids in excess of 5 000 m3;
(c) construction of a road or rail tunnel longer than 1000 m;
(d) construction of subway tunnels and metro stations,
(e) building intended for the storage of ammunition (5) in quantities exceeding 200,000 pieces or munition6), including components; or
(f) construction intended to handle explosives (7).
OTHER CONDITIONS FOR CATEGORIES
(1) The construction shall be categorised according to the criterion or characteristics leading to the classification in the higher category. If different criteria or characteristics have different parts of the construction, for the purposes of classification in the category, the criterion or characteristics leading to the classification of the construction in the higher category shall be decisive.
(2) When the construction is changed before completion, the completed construction or the use of the construction is changed, the construction shall be assessed according to the criterion or characteristics corresponding to the proposed condition.
(3) The number of persons for whom the construction is intended is determined according to the proposed building capacity, taking into account the maximum occupancy possible. If the number of persons cannot be determined according to the first sentence, according to ČSN 73 0818: 1997 Fire safety of buildings - The occupancy of the building by persons, as amended by the amendment Z1: 2002, is determined.
Efficacy
This Decree shall take effect on the day following that of its publication.
Minister:
Hamlet v. r.
1) Paragraph 39 (1) of Act No. 133 / 1985 Coll., on Fire Protection, as amended.
2) Article 2.6.1 of Annex I to Regulation (EC) No 1272 / 2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67 / 548 / EEC and 1999 / 45 / EC and amending Regulation (EC) No 1907 / 2006, as amended.
3) Section 27 of Act No. 206 / 2015 Coll., on pyrotechnic articles and on the treatment and modification of certain laws (Act on pyrotechnic).
4) Article 3.1 of Annex I to Regulation (EC) No 1272 / 2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67 / 548 / EEC and 1999 / 45 / EC and amending Regulation (EC) No 1907 / 2006, as amended.
5) Annex No. 1 Part Two of Act No. 119 / 2002 Coll., on Firearms and Ammo (Firearms Act), as amended.
6) Annex No 2 to Act No. 119 / 2002 Coll., as amended.
7) Article 21 of Act No. 61 / 1988 Coll., on Mining Activities, Explosives and the State Mining Administration, as amended.
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Regulation Information
| Citation | Decree No. 460 / 2021 Coll., on the categorisation of buildings in terms of fire safety and public protection |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.12.2021 |
|---|---|
| Effective from | 11.12.2021 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Security
Administrative law
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