Sunday, October 17
  • Slovenčina

Fire protection

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QUESTION: Does the building operator need consent of the competent state fire inspection, if he decided where to installed and operated FAD in spite of the fact of the nature and type of construction? Is necessary to have installed fire-technical equipment for its operation (cancellation)?
The owner of the building is required „building used only for the purposes specified in the approval decision or in the building permit. Purpose changes of building use which consist in changing the use of the building, its operating equipment.  Bodies of state fire inspection within the approval proceedings check the implementation and execution of construction of the building in accordance with the approved project documentation. FAD installation also requires processing project by the person with the required special authorization and then its installation and implementation of periodic inspection. There is principle that if the owner of the building decided to install fire-fighting equipment into building beyond the legal requirements of prescription, is also his duty to properly operate and carry out controls of the equipment.  Regarding the implementation of the so-called „daily control ” Decree No. 726/2002 Coll. establishing the characteristics of electrical fire alarm, conditions of its operation and provision of regular control, adjust the possibility to implement this control by the central office (§ 15 paragraph 6 cited regulation). Fire protection specialist and relevant state of fire inspection must take into account legislation for fire protection when reviewing the necessity of FAD operating. Mentioned legislation (also mentioned above) defines and determines buildings and their spaces, where FAD must be installed. Anyoperation – shutdown FAD from activities, there must be no reduction of fire safety across building, resp. its parts, to increase the security of people, or difficult intervention of fire brigade.
If there is reasonable conclusion, resulting from reassessment by fire protection specialist (solution of fire safety building) and its approval by the competent authorities of the State Fire Supervision, is possible do not operate FAD. Listed method may be a legal entity, resp. individual – entrepreneur exempt from obligations, resulting from the provisions of § 5 letter a) of the Act on fire protection – maintain FAD in action capable condition.
Legislation does not specify the obligation of non-operated EPS for fire protection physically removed and discarded. However, obligation of the legal person, resp. individual – entrepreneur pursuant to § 4 letter f) of the Act on fire protection, maintain fire protection documentation in accordance with the actual situation. It is therefore necessary to make changes of corresponding facts in those parts of documentation, where was cancelled FAD, referred to as one of the fire-technical equipment. Due to avoid mistakes and uncertainties, is necessary in this respect by appropriate way, to physically indicate the malfunction of button fire detectors, e.g. indelible marking at each detector.
Opinion by FaRS BA – col. JUDr. Pavol Komár
QUESTION: What consider for the organization or other change in the context of ensuring obligations referred to in § 31 paragraph 3 of the Decree on fire prevention?ANSWER:
During the implementation of the legal bodies’ activity, resp. individual – entrepreneur may occur during the year to various events and changes, which can be a substantial impact to ensure obligations related to fire protection. Legislature adjusts in this respect to keep documentation on fire protection section, in the cited provisions of the Decree on fire prevention details of the obligation and in that respect its updated and editing. In this context is used the term ‘after each organizational or other change”. Decree does not regulate what is meant by the term organizational or other change. On the other hand, the decree specifies this area wherein said: If this change had an impact on the content of the documentation, will carry out the necessary changes”. Organizational change in this respect has in mind the change of the legal status of the entity (e.g. change in legal personality: company Ltd. was transformed into a joint stock company, etc.). Such a change has followed a substantial impact on organizational arrangements and in connection with the provision of responsibilities in the area of fire protection. Another change is meant especially a change in the nature of the purpose of use of the building, change in the purpose of use premises and buildings, as well as substantial change due to an increase in fire load, fire risk. Between other changes can be include a change of responsibilities in site content of processing documentation for fire protection, which resulted from legislative changes. In these cases, it is necessary to modify documentation for fire protection under the new conditions. If the change affects e.g. on organizational structure, resp. with regard to changing the purpose of use premises and buildings, is necessary to implement the change immediately after the implementation of the entry into force of the amendments.
Concerning the change in the statutory body of the legal entity, change of person fire protection engineer is not considered for a material change and is not a reason to modify documentation for fire protection if there was no fulfilment of the above mentioned conditions.
Opinion by FaRS BA – col. JUDr. Pavol Komár
QUESTION: Is responsibility of the building owner to ensure the implementation of professional inspections and testing of electrical equipment, inspection and maintenance of fire closures, ensure operational capability of EFA and lead these buildings – objects in the object list of the legal person, which is not operated, but it is emptied and ready for divestment, despite this fact of the control of fire extinguishers or fire water mains?ANSWER:  
Legal entity and natural person – entrepreneur are responsible for fulfilling the obligations in the field of fire protection in buildings and premises, which are in its possession or in use, resp. building management. Individual responsibilities are regulated by the Act on Fire Protection and details on the duties are regulated by Decree on Fire Prevention. This general obligation applies until the moment when the legal entity, resp. natural person Owner of the building ensures all obligations until the entry into effect, and especially to the efficiency of the contract – entrepreneur, owner of the building, will not transfer responsibility for obligations in the building to another entity by contractual relationship (tenant, under a lease contract resp. new owner, under contract of sale of real estate). Owner of the building ensures all obligations until the entry into effect, and especially to the efficiency of the contract – including fire protection relating to the construction.
Question of the operation, resp. no operation of the building regulations for fire protection are not provide, but the analogy of the provisions of the Act on Fire Protection,which governing the obligations of the building owner and show that the building owner to assume responsibilities for fire protection in place until while the building which was designed, implemented and put into use serve their purpose.If the building ceased to perform its function and purpose according to the approval decision, there is at least a change of purpose of its use. In these cases, the building owner has an obligation to reassess security conditions of fire safety for building (e.g. new solutions of fire safety in the design documentation). If the building does not fulfil the purpose for which it was designed, implementedand put to use and it has shown that there is not a fire risk, which would require security of the building with fire and technical construction equipment, fire water, resp. other equipment serving the purpose of fire protection, then is not necessary to ensure control of these devices. The justification for this assurance of activities, building owner must demonstrate an appropriate manner.Otherwise, he is obliged to ensure all duties in accordance with generally binding regulations on Fire Protection.

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