Text file: 8305.txt
author: macca
downvotes: 1
end consideration date: 2017-06-13
id: '8305'
number comments: 2
number views: 3797
proposal type: Competent authority response
response: "Response from the Ministry of Defence\nThe Fire Protection Act (Journal\
  \ of Laws of the RS, No 3/07-UPB1, 9/11 and 83/12 - hereinafter referred to as the\
  \ Act) provides, inter alia, in Article 62(3) that an owner or occupier who is a\
  \ natural person is liable to a fine if he/she commits an offence referred to in\
  \ Article 62(1) of the Act. According to Art. 62(1) of the Act, the offence is punishable\
  \ by an offence under Art. Article 62, paragraph 1 of the Law, an owner (individual)\
  \ may be punished if he/she does not have a fire code or does not have a common\
  \ fire code, or if part of the fire code is not displayed in a visible place, or\
  \ if he/she does not have a fire code drawn up in accordance with the prescribed\
  \ content and conditions; if he/she uses the same building with other owners and\
  \ has not coordinated an evacuation plan; if he/she does not select and install\
  \ fire extinguishers in accordance with the regulations; if the equipment, appliances\
  \ and other means of protection against fire are not prepared or maintained or access\
  \ to them is not unobstructed; if evacuation routes, passageways, accesses and working\
  \ areas for emergency vehicles are not unobstructed and passable and are not marked\
  \ in accordance with the regulations; or if the equipment, appliances and other\
  \ means of protection along the evacuation route are installed in such a way as\
  \ to obstruct the evacuation route; in a building at greater risk of fire or in\
  \ a building in which several persons are congregated, not having a fire plan and\
  \ a fire evacuation plan, or not having a fire plan and an evacuation plan with\
  \ the prescribed contents, or not having given a copy of the fire plan to the competent\
  \ fire brigade; if it does not carry out practical training at least once a year\
  \ in the evacuation of the building in the event of fire; if it authorises a natural\
  \ or legal person to carry out fire protection measures who is not duly qualified,\
  \ or if it does not obtain a certificate of perfect functioning of the installed\
  \ active fire protection system before putting it into operation, or if it does\
  \ not ensure that the installed system is subject to continuous technical supervision.\
  \ Article 64 of the Act provides that it is an offence for a person to smoke, to\
  \ use open flames and sparking tools where prohibited by the fire regulations, or\
  \ to fail to ensure that all combustible substances not necessary for the smooth\
  \ running of work are removed from fire-prone premises.\nCertain offences referred\
  \ to in Article 62 of the Law are of such a nature that they can only be committed\
  \ by all the floor owners together, e.g. they do not have a fire safety order or\
  \ have one but it is not displayed in a visible place or is not drawn up in accordance\
  \ with the regulations, or they have not coordinated an evacuation plan or have\
  \ not installed fire extinguishers or have not drawn up a fire safety plan, they\
  \ have not carried out practical training for carrying out an evacuation at least\
  \ once a year, they have entrusted a person who is not properly qualified to carry\
  \ out the fire safety measures, or they do not have a certificate of perfect functioning\
  \ of the system. In these cases, the inspection decision of the Inspectorate of\
  \ the Republic of Slovenia for the Protection against Natural Disasters (hereinafter\
  \ IRSVNDN), according to the Act on Inspection (Official Gazette of the RS, No.\
  \ 43/07-UPB1 and 40/14), is addressed to all floor owners and, according to the\
  \ Act on Offences (Official Gazette of the RS, No. 29/11-UPB1 with amendments and\
  \ supplements), all of them (under the criminal law, of course, each one separately)\
  \ are liable for the offence.\nHowever, for those offences which by their nature\
  \ can be committed by the individual owner, e.g. blocking an escape route or a working\
  \ area for emergency vehicles, blocking access to equipment, installations and other\
  \ means of fire protection, smoking, where this is not permitted or failing to ensure\
  \ the prompt disposal of combustible substances, the IRSVNDN inspectors penalise\
  \ the owner - the individual who committed the offence, provided, of course, that\
  \ he or she is known.\nIn view of the above, we consider that there is no need to\
  \ amend the Fire Protection Act for the reason given by the proponent and therefore\
  \ the proposal is not suitable for further consideration.\nHowever, as the petitioner's\
  \ claim is merely a flat one, the work of the inspectors of the Inspectorate for\
  \ Protection against Natural Disasters cannot be monitored.  \n "
response date: 2017-07-11
response due date: null
sent date: 2017-05-15
title: Payment of penalties for breach of fire regulations
upvotes: 26
url: https://predlagam.vladi.si/predlog/8305
