Legal to Business – Compliance | Fire safety

"It's a lot easier to do things the right way, than it is to explain to you why you're wrong?"

Henry Wadsworth Longfellow

The average cost of care for a patient with burns from the flames, it's the 24 of the Lions (relative to health care: a surgical intervention, accommodation, and connection to medical devices and health care) that is added to the sum of the 17,10 Lei, for each percentage point of the surface of the affected part of the body (the appropriate antibiotics, analgesics, etc.).

A patient with burns to 21.5% of the surface area of the body is in need of medical care provided at the hospital for an average of 15.4 days. Continuing with the example, a patient who is suffering burns to 21.5% of the surface of the body, you will not spend up to the release, the amount of 737,25 the Lions. To this sum there shall be added to the transport, the food, and the fact that it is in need of care and ongoing support, and the inability to work for the full period of the stay.

The statistics above are taken from the study done by Division of Plastic and Reconstructive Surgery, Department of Surgery, University of Ilorin Teaching Hospital, 240001, Ilorin, Nigeria, Africa. Neither in Europe nor in the United States of America have such statistical analyzes been done, as it appears from a World Health Organization Report on Socioeconomic Differences in Injury Risk (p. 37).

In the Romanian press, have been taken from different sources, amounts much higher than those of the higher, and even of the order of hundreds of thousands of dollars to be spent for the care of the one person who's been burned. We shall restrict ourselves to the retention of any amounts withdrawn from the studies carried out by the institutions of the same type, taking over from the source in order to measure, in a measure visible to all, of the risks of any one person, and you undertake, including on behalf of its customers when, even though he has an obligation to decide not to comply with the provisions of the law in this area.

Romanian legislation identifies certain categories of constructions and facilities that are subject to approval and/or authorization regarding fire safety

The categories of buildings or spaces according to the criteria in this list are subject to obtaining the fire safety approval and/or authorization.

Who is required to seek the approval / authorisation in respect of safety in case of fire?

Directors of the legal person to which the fund makes investments or new interventions in existing buildings or, as applicable, the beneficiary of the investment required to apply for and obtain permits and licences of: [1], as required by law, and to ensure the respect of the conditions which were the basis for the issuance thereof.

At the conclusion of any acts of temporary transmission of the right of use over immovable property, as well as of the joint venture contracts, the parties are obliged to expressly provide in the respective acts their responsibilities in terms of fire protection[2 ].

When you are prompted for approval / authorisation in respect of safety in case of fire

1. Prior to the start of works on the construction and development of new or modification of existing ones

See below for a list of documents related to each and every one of the circumstances in which it is required to obtain approval / authorization concerning safety in case of fire, before the start of works on the construction and development of new or modification of existing ones:

2. Before you change the destination of the building / fit-outs and start-up.

Penalties

  1. For the omission of recording by natural and/or legal persons who conclude acts of temporary transfer of the right of use, as well as of the contract, of their responsibilities in terms of fire protection, constitutes a misdemeanor and is punishable by a fine from 500 lei to 1,000 lei;
  2. Making unauthorized modifications and without the written consent of the owner, of the original designer of the construction, installation, equipment, device or means of transport used or of a technical expert certified according to the legislation in force constitutes a contravention and is sanctioned with fine from 1,001 lei to 2,500 lei;
  3. Non-requesting and not obtaining by natural or legal persons who finance and carry out new investments or interventions on existing constructions or, as the case may be, by the beneficiary of the investment of the required approvals and/or authorizations by the Fire Protection Law constitutes a contravention and is punishable by a fine between 5,001 lei and 10,000 lei;
  4. Commissioning of new constructions and facilities or existing ones where modification works have been carried out and/or their purpose has changed, without obtaining the authorization of fire safety, as well as starting construction works on new constructions and facilities, modifying existing ones and/or changing their destination, without obtaining a fire safety permit constitutes a contravention and is sanctioned with a fine ranging from 20,000 Lei to 50,000 Lei.
  5. A fine from 30,000 lei to 100,000 lei and stoppage of operation or use of constructions or facilities, as a complementary contraventional sanction, for serious violation of the fire safety requirement in terms of endangering the lives of occupants and intervention forces, non-insurance the stability of the load-bearing elements, respectively the limitation of the spread of fire and smoke inside the building and in the vicinity .
  6. The continuation of the activity, after the control bodies ordered the stoppage of the operation or use of the constructions or facilities, constitutes the crime of exercising a profession or activity without the right and is punished according to art. 348 of the Criminal Code, with imprisonment from 3 months to one year or with a fine.

Violation of the provisions of the Law on protection against fire draw, as the case may be, disciplinary, administrative, material, civil, or criminal prosecution.

The control of the state, including the finding that he committed the offences and sanctions in the area of defence against fire, it is performed at the central level, through the inspection, prevention, and other departments and units in the structure of the General Inspectorate, respectively, at the local level, by means of prevention set out in the framework of the professional.

The entries above have been made with the aim of helping to raise awareness of the importance of compliance with the applicable provisions, in particular, when the fulfilment of these obligations is aimed at businesses, regardless of their field of activity.


[1] According to the article. 30, in conjunction with art. 19 para. c) of the Act no. 307/2006 on fire

[2] Art. 9 of the Law. 307/2006 on fire

Legislative update

In the Official Gazette. 824, dated November 4, 2015 and it has been made clear in article 44 in part IV, on the sanction of a fine of from $ 30,000 to 100,000 lei, and the stopping of the operation or the use of buildings and facilities, as a penalty, the administrative follow-up for serious breaches of the fire safety with respect to the endangering of the lives of the occupants, and the force of the interference, ensure stability of the load-bearing capacity, respectively, to limit the spread of fire and smoke within the building and in the neighborhood (see point 5. in the list of sanctions of the above), by the Decision of the Government. 915 relating to the establishment of the criteria for stopping the operation or use of the design and construction of facilities are determined to be in serious breach of the requirement of the fire safety with respect to the endangering of the lives of the occupants, and the force of the interference, ensure stability of the load-bearing capacity, respectively, to limit the spread of fire and smoke in the interior of the building and the surroundings.

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