Full text of Act No. 91 / 1995 Coll.
Fire Protection Act (full text as resulting from subsequent amendments and additions)
Valid
Declared full text
Contents
§ 1
ČÁST PRVNÍ
Oddíl první
§ 2
§ 3
§ 4
§ 5
§ 6
§ 6a
§ 6b
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
Oddíl druhý
§ 17
Oddíl třetí
§ 18
§ 19
§ 20
§ 21
§ 22
ČÁST DRUHÁ
Oddíl první
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
§ 29
§ 30
Oddíl druhý
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
Oddíl třetí
§ 39
§ 40
§ 41
§ 42
ČÁST TŘETÍ
Oddíl první
§ 43
§ 44
§ 45
§ 46
Oddíl druhý
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
§ 57
§ 57a
§ 58
§ 59
Oddíl třetí
§ 60
§ 61
§ 61a
§ 62
§ 63
§ 64
ČÁST ČTVRTÁ
§ 65
§ 66
§ 67
§ 68
§ 69
§ 69a
§ 70
§ 71
§ 72
§ 73
ČÁST PÁTÁ
§ 74
§ 75
ČÁST ŠESTÁ
§ 76
§ 77
§ 78
§ 79
ČÁST SEDMÁ
§ 80
§ 81
§ 82
§ 83
§ 84
ČÁST OSMÁ
§ 85
§ 86
§ 87
§ 88
§ 89
§ 90
§ 91
§ 92
§ 93
§ 94
§ 95
§ 96
§ 97
§ 98
§ 99
§ 100
§ 101
§ 101a
§ 102
§ 103
§ 104
Čl. II
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91
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Announces the full text of the Act of the Czech National Council No. 133 / 1985 Coll., on fire protection, with changes and accessories implemented by the Act of the Czech National Council No. 425 / 1990 Coll., Act No. 40 / 1994 Coll. and Act No. 203 / 1994 Coll.
THE LAW
Czech National Council
on fire protection
The Czech National Council decided on this law:
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 is without prejudice to this.
OBLIGATIONS OF THE CURRENT AUTHORITIES OF THE STATE GOVERNMENT, LEGAL AND PHYSICAL PERSONS AT THE SPIRIT PROTECTION SECTOR
Obligations of central government, legal persons and natural persons engaged in business activities under specific regulations
General provisions
(1) The central authorities of the state administration and legal persons, as well as natural persons engaged in a business under specific rules (hereinafter referred to as "commercial natural persons,") ensure that their obligations under this Act, the provisions issued on the basis of it or other provisions governing fire protection obligations (hereinafter referred to as "fire protection regulations") are fulfilled as an integral part of their management, economic or other essential activities and immediately remedy the deficiencies identified.
(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.
Obligations of central government bodies
The central authorities of the State shall, within their jurisdiction, cooperate with the Ministry of the Interior in the processing of the concept of fire protection development and in relation to the legal persons they manage, carry out additional tasks on the fire protection section established under this Act.
repealed
repealed
Obligations of legal persons and business natural persons
(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 expert 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 to carry out such activities (§ 11).
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.
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.
repealed
repealed
repealed
repealed
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.
repealed
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 call a fire protection unit and to participate in the destruction of the fire.
repealed
Fire protection documentation
(1) Legal persons and business natural persons referred to in Article 6 (1) and central government authorities are required to process and maintain the prescribed fire protection documentation in accordance with the actual situation.
(2) The types of fire protection documentation, its content and its management are laid down by law.
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.
Basic obligations of natural persons
(1) Natural persons shall:
(a) to act in such a way as to avoid fires, in particular in the use of heat, electrical, gas and other appliances, in the storage and use of flammable or fire-resistant substances and in the handling of open fire;
(b) to 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 to remedy the defects detected;
(c) carry out orders and comply with fire protection prohibitions at designated places;
(d) to procure and maintain in the applicable state fire extinguishers and other means of fire protection, within the scope of the fire protection regulations;
(e) to create conditions in objects owned or used for rapid fire control and rescue work;
(f) allow control groups (§ 40) to carry out a preventive fire inspection to verify compliance with fire protection regulations in buildings owned or used by them and to remedy the deficiencies identified within the time limit specified by these authorities.
(2) Those who are obliged to supervise persons who cannot assess the consequences of their actions must ensure that they do not cause a fire by their actions.
(3) A natural person may not:
(a) carry out work which may result in a fire if it does not have the expertise required for the performance of such work by specific rules;
(b) harm or abuse fire extinguishers or other means of fire protection in kind.
(4) The legislation lays down details of the obligations of natural persons in preventing and combating fires.
Assistance in firefighting
Personal assistance
Everyone is obliged to fight fire
(a) implement the necessary measures to rescue the persons at risk;
(b) extinguish the fire if possible or take the necessary measures to prevent its spread;
(c) to report the fire detected at the designated location or to ensure that it is reported;
(d) provide personal assistance to the fire protection unit at the request of the intervention commander, the fire protection unit commander or the municipality.
Aid in kind
Each person shall, at the request of the intervention commander, the fire protection unit commander or the municipality, provide means of transport, water sources, coupling devices and other items needed to fight the fire.
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.
Reimbursement of expenditure
(1) Where expenditure is linked to the provision of assistance in kind, the costs shall be reimbursed to the beneficiary. The right to reimbursement may be exercised by the beneficiary within three months of the date on which it was established, not later than two years after its establishment; otherwise this right shall cease to exist. The right to reimbursement shall apply to the district office in whose territorial district the fire has arisen. The district office shall decide on the reimbursement of expenditure and shall grant such reimbursement.
(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 expenditure shall be granted by whoever has received the assistance in kind.
(3) The provisions of paragraphs 1 and 2 are without prejudice to the right to compensation.
Entry into real estate
(1) The owner (manager, user) of the property is obliged to allow access to the property to carry out the measures necessary to control or prevent the fire or to prevent it from spreading, or to carry out other rescue work, in particular to clean out or to suffer the removal of the land, to remove or to suffer the removal of the buildings, parts or crops thereof. The need and scope of these measures shall be decided by the intervention commander.
(2) If necessary for the purpose of fire protection unit exercise, the owner (administrator, user) of the property is obliged to allow access to the property; Such entry shall be notified in advance by the district authority or municipalities which organise fire protection units, at least 24 hours before the exercise begins. In doing so, they must ensure that the use of the property is minimised by the exercise of the fire protection unit and that no damage can be caused.
(3) If the owner (administrator, user) of the property does not agree with the property entering the property in accordance with paragraph 2, the district authority or the municipality which organise the fire protection units shall decide whether the property entry is necessary for the exercise of that unit. This does not apply if it is a dwelling where it can only be entered with the prior consent of the owner or user.
(4) Special regulations apply to 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. 2)
STATE GOVERNANCE AND AUTONOMOUS GOVERNANCE
Authorities and their responsibilities
The authorities in the fire protection sector are the Ministry of the Interior and the district authorities. The tasks of the public administration in the fire protection sector laid down under this Act are also performed by municipalities in their delegation.
Ministry of Interior
(1) Ministry of the Interior as a central authority of the State Administration on the fire protection sector
(a) manage the performance of the state administration on the fire protection sector;
(b) develop a concept of organisation and development of fire protection;
(c) carry out state fire surveillance and check the performance of the state fire control in relation to the district authorities;
(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 district fire-fighting rescue services;
(f) establish the design of the development of the Czech Fire Rescue Corps and the units of the voluntary fire-fighting units of the municipalities designated by the district fire alarm plan for interventions outside its territorial area (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 and for selected municipalities,
h) manage training on fire protection;
(i) directs the professional performance of the service in fire protection units;
j) provides research and development on the fire protection sector;
(k) establish a procedure for detecting the causes of fires and, in serious cases, participate in the detection of those causes; process analyses of the causes of fires,
(l) establish and contribute to the prevention, promotion and editorial activities;
m) in an agreement with the Ministry of Defence, organise fire protection for the period of state security alert and manage the activity on this section;
n) on request of the District Office provides professional assistance in assessing documentation of buildings of particular importance.
(2) The Ministry of the Interior is entitled to determine the technical conditions for fire protection of construction and technology, the conditions for fire safety of products and activities which are at risk of developing fires and the technical conditions of fire technology, fire protection material and fire safety equipment.
(1) The Ministry of the Interior is a body of state administration in the matters of secondary school fire protection.3) Within this scope, it establishes and abolishes secondary schools for fire protection, carries out inspections of education and education and provides them economically.
(2 Financial security shall be provided in the form of remuneration and scholarships. Mass security includes mainly catering and accommodation.
(3) Legislation provides for financial and material security for fire protection pupils.
repealed
repealed
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.
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.
Contents
§ 1
ČÁST PRVNÍ
Oddíl první
§ 2
§ 3
§ 4
§ 5
§ 6
§ 6a
§ 6b
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
Oddíl druhý
§ 17
Oddíl třetí
§ 18
§ 19
§ 20
§ 21
§ 22
ČÁST DRUHÁ
Oddíl první
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
§ 29
§ 30
Oddíl druhý
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
Oddíl třetí
§ 39
§ 40
§ 41
§ 42
ČÁST TŘETÍ
Oddíl první
§ 43
§ 44
§ 45
§ 46
Oddíl druhý
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
§ 57
§ 57a
§ 58
§ 59
Oddíl třetí
§ 60
§ 61
§ 61a
§ 62
§ 63
§ 64
ČÁST ČTVRTÁ
§ 65
§ 66
§ 67
§ 68
§ 69
§ 69a
§ 70
§ 71
§ 72
§ 73
ČÁST PÁTÁ
§ 74
§ 75
ČÁST ŠESTÁ
§ 76
§ 77
§ 78
§ 79
ČÁST SEDMÁ
§ 80
§ 81
§ 82
§ 83
§ 84
ČÁST OSMÁ
§ 85
§ 86
§ 87
§ 88
§ 89
§ 90
§ 91
§ 92
§ 93
§ 94
§ 95
§ 96
§ 97
§ 98
§ 99
§ 100
§ 101
§ 101a
§ 102
§ 103
§ 104
Čl. II
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Regulation Information
| Citation | Full version of Act No. 91 / 1995 Coll., Fire Protection Act (full text as shown by later amendments and additions) |
|---|---|
| Regulation Type | Declared full text |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.06.1995 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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