Responsibility for violation of fire safety requirements

Responsibility for violation of fire safety requirements

Checks and determination of those responsible

Inspection of the enterprise and establishment of the degree of compliance with the laws and regulations in the field of fire safety is carried out by officials of the State Fire Safety Inspectorate. These activities are planned and unscheduled. Based on the results of the inspection, a protocol is drawn up, which contains data on the compliance or non-compliance of the organizational measures taken at the enterprise to comply with legislation in the field of industrial safety. A separate order to eliminate deficiencies is issued.

Responsibility in the field of fire safety rests with:

• heads of organizations, as well as officials authorized to dispose and use property;
• persons ensuring compliance with legislation in this area at the enterprise;
• officials within their competence;
• citizens who are property owners.

Also, a person whose actions caused or could cause damage to human health or damage to property due to a fire may be held liable for violation of fire safety requirements.

II. Administrative punishment

Administrative punishment is applied in accordance with the Code of the Russian Federation on Administrative Offenses (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation) dated December 30, 2010. No. 195-FZ.

An administrative offense is an unlawful, guilty action (inaction) of an individual or legal entity for which administrative liability is established by this Code or the laws of the constituent entities of the Russian Federation on administrative offenses.

An official is subject to administrative liability if he commits an administrative offense in connection with failure to perform or improper performance of his official duties.

Bodies exercising state fire supervision consider cases of administrative offenses provided for in Articles 8.32, 11.16, 20.4 of the Code of Administrative Offenses of the Russian Federation.

The following persons have the right to consider cases of administrative offenses and impose administrative penalties on behalf of the bodies specified in Part 1 of this article:

1. Chief State Inspector of the Russian Federation for Fire Supervision, his deputies;
2. chief state inspectors of the constituent entities of the Russian Federation for fire supervision, their deputies;
3. chief state inspectors of cities (districts) of the constituent entities of the Russian Federation for fire supervision, their deputies;
4. chief state inspectors of special and military units of the federal fire service for fire supervision, their deputies; (clause 3.1 as amended by Federal Law dated July 19, 2009 N 198-FZ)

3. The officials specified in paragraphs 5 - 7 of part 2 of this article have the right to consider cases of administrative offenses committed by citizens and officials. (as amended by Federal Law dated July 3, 2006 N 97-FZ)

For committing administrative offenses the following administrative penalties may be established and applied:

• warning;
• administrative penalty;
• paid seizure of the instrument or subject of an administrative offense;
• confiscation of the instrument or subject of an administrative offense;
• deprivation of a special right granted to an individual;
• administrative arrest;
• administrative expulsion from the Russian Federation of a foreign citizen or stateless person;
• disqualification;
• administrative suspension of activities. (Clause 9 introduced by Federal Law dated 05/09/2005 N 45-FZ)

Administrative penalties listed in paragraphs 1 - 4, 9 of Part 1 of the Code of Administrative Offenses of the Russian Federation may be applied to a legal entity.

The administrative penalties listed in paragraphs 3 - 9 of part 1 of this article are established only by the Code of Administrative Offenses of the Russian Federation.

Officials of bodies exercising state fire supervision - about administrative offenses provided for in Part 1 of Article 14.34, Part 1 of Article 19.4, Part 1 of Article 19.5, Articles 19.6, 19.7, Article 19.13 (in terms of knowingly making a false call to the fire department), Parts 1 and 2 Article 19.19 of the Code of Administrative Offenses of the Russian Federation, namely:

1. violation of fire safety requirements, with the exception of cases provided for in Articles 8.32, 11.16 of the Code of Administrative Offenses of the Russian Federation (as amended by Federal Law No. 247-FZ of November 9, 2009) entails a warning or the imposition of an administrative fine on citizens in the amount of five hundred to one thousand rubles; for officials - from one thousand to two thousand rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from one thousand to two thousand rubles or administrative suspension of activities for a period of up to ninety days; for legal entities - from ten thousand to twenty thousand rubles or administrative suspension of activities for a period of up to ninety days. (as amended by Federal Laws dated 05/09/2005 N 45-FZ, dated 06/22/2007 N 116-FZ)
2. The same actions committed under conditions of a special fire safety regime will entail the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred rubles; for officials - from two thousand to three thousand rubles; for legal entities - from twenty thousand to thirty thousand rubles. (as amended by Federal Law dated June 22, 2007 N 116-FZ)
3. Violation of fire safety requirements, resulting in the outbreak of a fire without causing serious harm to human health, (as amended by Federal Laws of 03.03.2008 N 21-FZ, of 09.11.2009 N 247-FZ) entails the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand rubles; for officials - from three thousand to four thousand rubles; for legal entities - from thirty thousand to forty thousand rubles. (as amended by Federal Law dated June 22, 2007 N 116-FZ)
4. Issuing a certificate of conformity for products without a fire safety certificate, if a fire safety certificate is required, entails the imposition of an administrative fine on officials in the amount of three thousand to four thousand rubles; for legal entities - from thirty thousand to forty thousand rubles. (as amended by Federal Law dated June 22, 2007 N 116-FZ)
5. Selling products or providing services that are subject to mandatory certification in the field of fire safety, without a certificate of conformity - entails the imposition of an administrative fine on officials in the amount of one thousand to two thousand rubles; for legal entities - from ten thousand to twenty thousand rubles. (as amended by Federal Law dated June 22, 2007 N 116-FZ)
6. Unauthorized blocking of passages to buildings and structures installed for fire engines and equipment - entails the imposition of an administrative fine on citizens in the amount of three hundred to five hundred rubles; for officials - from five hundred to one thousand rubles; for legal entities - from five thousand to ten thousand rubles. (as amended by Federal Law dated June 22, 2007 N 116-FZ)
7. development and approval of a scheme for the placement of retail places in the retail market without coordination with the authorities authorized to monitor fire safety, the protection of public order, as well as with control and supervision authorities in the field of ensuring the sanitary and epidemiological welfare of the population or supervisory authorities in in the field of protection of consumer rights and human well-being - entail the imposition of an administrative fine on officials in the amount of twenty-five thousand to fifty thousand rubles; for legal entities - from two hundred fifty thousand to five hundred thousand rubles.
8. disobedience to a lawful order or requirement of an official of a body exercising state supervision (control), as well as obstruction by this official of his official duties - entails a warning or the imposition of an administrative fine on citizens in the amount of five hundred to one thousand rubles; for officials - from one thousand to two thousand rubles.
9. Failure to comply within the prescribed period with a legal order (resolution, presentation, decision) of the body (official) exercising state supervision (control) to eliminate violations of the law - (as amended by Federal Law of August 20, 2004 N 114-FZ) entails the imposition of an administrative fine for citizens in the amount of three hundred to five hundred rubles; for officials - from one thousand to two thousand rubles or disqualification for up to three years; for legal entities - from ten thousand to twenty thousand rubles.
10. knowingly making a false call to the fire department, police, ambulance or other specialized services - entails the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.
11. violation of the requirements of technical regulations, mandatory requirements of state standards, except for the cases provided for in Articles 6.14, 8.23, 9.4, Part 1 of Article 12.2, Part 2 of Article 13.4, Article 13.8, Part 1 of Article 14.4, Article 20.4 of this Code, during sales (delivery, sale), use (operation), storage, transportation or disposal of products, as well as evasion of presentation of products, documents or information necessary for the implementation of state control and supervision - (as amended by Federal Law dated December 28, 2009 N 380-FZ) shall entail the imposition of an administrative fine on officials in the amount of four thousand to five thousand rubles with confiscation of the items of the administrative offense; for legal entities - from forty thousand to fifty thousand rubles with confiscation of the items of the administrative offense. (as amended by Federal Law dated June 22, 2007 N 116-FZ)
12. violation of the rules of mandatory certification, except for the cases provided for in Article 13.6, parts 2 and 4 of Article 13.12, part 2 of Article 14.4, part 2 of Article 14.16, Articles 20.4, 20.14 of this Code, that is, the sale of certified products that do not meet the requirements of regulatory documents, compliance with which it is certified, or the sale of certified products without a certificate of conformity (declaration of conformity), or without a mark of conformity, or without indicating in the accompanying technical documentation information about certification or about regulatory documents that the specified products must comply with, or failure to provide this information to the consumer (buyer, customer), as well as the presentation of unreliable test results of products or the unjustified issuance of a certificate of conformity (declaration of conformity) for products subject to mandatory certification - entails the imposition of an administrative fine on officials in the amount of one thousand to two thousand rubles with confiscation of the items administrative offense; for legal entities - from twenty thousand to thirty thousand rubles with confiscation of the items of the administrative offense.
13. violation of fire safety rules in forests - entails the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred rubles; for officials - from two thousand to three thousand rubles; for legal entities - from twenty thousand to thirty thousand rubles.
14. violation of fire safety requirements in railway, sea, inland water or air transport (as amended by Federal Law dated 09.11.2009 N 247-FZ), Violation of fire safety requirements established in railway, sea, inland water or air transport (as amended by Federal Law Law of November 9, 2009 N 247-FZ) - entails the imposition of an administrative fine on citizens in the amount of five hundred to one thousand rubles; for officials - from one thousand to two thousand rubles.

Summarize

Residents of apartment buildings do not have the right to clutter up any common areas or use them for other purposes than their intended purpose. Violation can lead to a fire and difficulties during evacuation. You must not do anything inside the apartments that will affect the ventilation or evacuation system or could cause a fire.

A painful topic is the placement of strollers, skis, and scooters outside apartments. Yes, neighbors agree with each other that they leave these items in vestibules or stairwells. But in this way they are breaking the law! After verification, the culprits will be fined. Place items that you do not want to keep in the apartment in specially designated places or storage rooms of specialized services that provide space for rent.

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