Parliament Act no. 14 of 26 May 2010 on rescue services in Greenland and fire and explosion prevention measures

Modified repeals, hovedlov replaces information

Aside
Landsting Regulation no. 6 of 30 October 1992 on the prevention and control of fire

Modified by
Parliament Act no. 14 of 3 December 2012 amending the Parliament Act on fire and rescue services in Greenland and fire and explosion prevention measures (The repatriation of powers to plan for war and threatening prospect of war)

Hovedlov to
Self-Government Order no. 16 of 3 October 2012 on fire prevention in hotels, etc., assembly rooms, classrooms, day care centers and shops
Home Rule Executive Order no. 16 of 16 July 2007 on explosives
home Rule Executive Order no. 19 of 9 december 2004 on storage of fireworks
home Rule Executive Order no. 9 of 6 March 1987 on flammable liquids

Adds to
Self-Government Order no. 16 of 3 October 2012 on fire prevention in hotels, etc., assembly rooms, classrooms, day care centers and shops
Home Rule Executive Order no. 16 of 16 July 2007 on explosives
home Rule Executive Order no. 19 of 9 december 2004 on storage of fireworks
home Rule Executive Order no. 9 of 6 March 1987 on flammable liquids


Chapter 1

Introductory provisions


§ 1. Municipalities should establish a rescue service, whose task it is to prevent, reduce and mitigate damage to people, property and the environment by accidents and disasters, or the imminent threat thereof. Rescue preparedness does not include assignments undertaken other authorities.
Subsection. 2. The Government may divide the country in one or more emergency circuits.
Subsection. 3. The Government shall lay down rules on emergency sizing.

§ 2. The Government oversees the emergency services and may lay down detailed rules, including the test alarm call of the emergency services.


Chapter 2

Greenland emergency commission and the local emergency commissions


§ 3.
The Government set up an emergency commission, which advises the Government of Greenland in questions of preparedness in Greenland.
Subsection. 2. Emergency Commission to prepare a contingency plan for Greenland, to be approved by the Greenland Government.
Subsection. 3. Emergency Commission convened at major accidents and disasters or as needed. President or the President's representative to activate the emergency management commission.
Subsection. 4. Contingency Commission provides a comprehensive information base for the Greenland Government and state authorities, and coordinate the involved authorities' activities, according to the emergency plan.
Subsection. 5. Preparedness Commission shall conduct regular exercises with the aim of testing and adjustment of the contingency plans, as well as participating in relevant courses.

§ 4. Contingency Commission consists of 7 members and 2 officials. The Government shall appoint two members, while KANUKOKA, Medical Officer, the Chief Constable of Greenland, Greenland Command and the High Commissioner of Greenland each appoint one member. Resort areas of environment and health shall each designate one administrator.
Subsection. 2. Minister for emergency preparedness appoint the commission's chairman. KANUKOKA appoint the commission's vice chairman.
Subsection. 3. The Government shall pay all expenses for emergency commission business.



The municipal contingency commissions


§ 5. The council must each municipality set up an emergency commission, which functions at the municipal level.
Subsection. 2. A municipal emergency commission, see. Paragraph. 1, consists of at least 6 members, 4 of which are appointed by the municipal council. Of these, 3 be a member of the municipal-board, one member must be employed in the technical department. In addition, the commission consists of the municipality beredskabschef and one member appointed by the Chief Constable of Greenland.


Chapter 3

Rescue services


§ 6. Emergency preparedness is part of the municipal council.
Subsection. 2. The municipal council shall ensure the provision of the immediate management of the emergency services. The council must all questions about emergency preparedness also ensure participation of beredskabschefen and the Chief Constable of Greenland designated person.

§ 7. The municipal council appoints an beredskabschef, by virtue of special educational qualification day management of the emergency services.
Subsection. 2. Beredskabschefen must be full-time.

Subsection. 3. The municipal council appoints also at least two incident commanders to assist beredskabschefen who have the same educational qualifications as beredskabschefen.
Subsection. 4. Each municipality must beredskabschefen or at least one of the action leaders be trained in technical building applications. Similarly, beredskabschefen and at least one incident commander be trained in Incident Commander Fly-training if the municipality is a civilian airport for fixed-wing aircraft ..
Subsection. 5. For each emergency circuit outside the municipalities' main circuit employs municipal-board one or more efforts leaders.
Subsection. 6. Personnel also to the emergency services will also be employed by the local council.

§ 8. Personnel to rescue the strength receiving salaries and wages under regulations made after negotiations between the PA and KANUKOKA.

§ 9. The Government shall specify the training of personnel in the rescue preparedness.



Tasks


§ 10. Rescue preparedness needs to provide reasonable assistance for fire damage to persons, property and the environment by accidents and disasters, as well as in acute accidents involving dangerous substances on land. Rescue preparedness must also assist the social authorities to receive, accommodate and cater for evacuees and other distressed.
Subsection. 2. Excluded from the emergency services tasks, the SAR tasks and health evacuations.
Subsection. 3. Emergency Preparedness shall, if another municipality, the Civil Aviation Administration (RCC), Greenland Command (MRCC) or the police so request, provide the necessary assistance that is required because of an accident or disaster.
Subsection. 4. The Government shall lay down rules on emergency services tasks.

§ 11. The municipal council may enter into an agreement with associations, companies, organizations and individuals for their assistance in carrying out tasks within the municipal fire and rescue.

§ 12. The establishment of annual water supply from the public mains it is for the public water supply service at the location and design of the water distribution network to take account of the possibility of an appropriate fire water supply and on this basis put the required number of fire hydrants to be maintained at the public water supply expense.
Subsection. 2. The detailed rules for brandhanernes location, decor, water supply, including the provision and press availability, requirements for access roads and their snow removal and protection against damage from frost, collision or other and mark set by the Greenland Government.
Subsection. 3. Iområder, where it is considered necessary to place public hydrants on privately owned water pipes or to use privately established hydrants for general firefighting council may direct that such private water points must be placed under public supervision and maintained and maintained at the municipality's expense.
Subsection. 4. In areas that can not be fitted with fire water from fire hydrants on public or private year-round water supply, the local council as water supply approve permanent water reservoir, lake, river or prepared sugested by the open sea, when these during periods of frost safely kept open by the fire watching.
Subsection. 5. Where the conditions for municipal rating allows, demands for fixed water points waived if the established mobile water supply by a requisite number of water tanks placed in heated garages.
Subsection. 6. The local authority must bear the cost of maintaining fixed or mobile fire water supply, see. PCS. 4 and 5.
paragraph. 7. Fire hydrants and water points must be inspected at least 2 times a year and of merit controlled as necessary. The municipality's supervisory staff have on proof of identity and without a court order for private buildings or property to the extent that is necessary to control private water points under official supervision referred to. Paragraphs. 3.


Chapter 4

Inserting emergency preparedness


§ 13. The total effort by accidents and disasters is coordinated by the police chief.
Subsection. 2. The Government shall lay down rules on the technical management of the response.

§ 14. In connection medindsættelse of emergency preparedness happens warning, shut-off, evacuation and other measures necessary for the police decision.

§ 15. Rescue services may demand that private tools and vehicles of any type, as well as the necessary crews made available for the effort.

Subsection. 2. Anyone who under paragraph. 1, has provided tools or means available, are entitled to compensation from the municipality for deprivation of material and damage the equipment possibly being applied in connection with an effort. The client has strict liability with respect to victims.

§ 16 fire and rescue services in connection with any action without a court order right to the extent necessary to gain access to private areas, if necessary by breaking and removing obstacles.
Subsection. 2. Emergency Preparedness has the right to demolish buildings or remove obstructions if beredskabschefen or the dispatcher finds it necessary to stop any damage from spreading.
Subsection. 3. The damage that the emergency services caused by fire, considered fire damage.
Subsection 4. Extinguish in nature outside the urban and settlement zones payable efforts by the municipality, unless other can be held responsible.

§ 17 fire and rescue services during an emergency right to use the water that is found in water tanks, water pipes and other water points.

§ 18 fire and rescue services must be the effort to be aware of what may have caused the accident or disaster. Finder emergency preparedness suspicious clues, the police must be informed immediately and the proof must as far as possible. Proof The fuse must take place in agreement with the police if there is a possibility for this.

§ 19. The municipal council may decide that by the emergency services' reaction to false alarms from mandatory automatic fire detection system shall be charged a fee from the plant owner to cover expenses related to udrykningen.


Chapter 5

Emergency Planning etc.


§ 20. Individual Members Minister, each within their area plan for the maintenance and continuance of society functions in the event of accidents and disasters.
Subsection. 2. The Government will coordinate planning for preparedness in sectoral areas, see. Paragraph. 1. The Government implements the part of planning that does not rest with other authorities. Preparedness Commission is involved in the coordination of sectoral contingency plans and establish a contingency plan for Grønland.Beredskabsplanen revised to the extent the development makes it necessary and at least every 4 years. The individual contingency plans should be reviewed when developments make it necessary.

§ 21. The municipal council shall prepare a contingency plan for the municipality. The municipal emergency plans must be submitted for consultation to the emergency management commission.
Subsection. 2. The plan must be revised to the extent that the development makes it necessary, at least once during each municipal term.
Subsection. 3. Plans and revisions thereof shall be submitted for approval to the Government of Greenland.
Subsection. 4. The Government shall establish guidelines for the preparation of municipal emergency plans.


Chapter 6

Preventive measures


§ 22. For the prevention of fire and explosion sets Naalakkersuisut rules
1) the location, design and use of enterprises, buildings where many people gather, flammable buildings and warehouses, where it is stored, used or made permanent, liquid or gaseous flammable or explosive substances and other substances in case of fire or other damage poses a risk to persons, property or the environment, and
2) of storage, transfer, transport and use the inflammable, solid, liquid or gaseous flammable or explosive substances.
Subsection. 2. The Government also lays down rules
1) the use of fire and light and
2) the measures necessary to prevent or reduce the risk of fire and to ensure proper rescue and extinguishing in the event of fire.

§ 23. The Government may grant exclusive rights to one or more natural or legal persons in the form of a license to import, export, store, sell, assign, transfer, use or manufacture explosives or sources of ignition have substances.
Subsection. 2. The Government may set conditions in connection with granting of exclusive rights, see. Paragraph. 1.

§ 24. In someone suspected of having violated rules on explosive substances prescribed pursuant to this Act, the Government of Greenland on proof of identity and without a court order to monitor if this is deemed necessary. The owner and with this staff shall provide Naalakkersuisut necessary guidance and assistance during the control. Control as mentioned in point 1., Can not be carried out in premises that serve private residence or holiday home.


§ 25 Naalakkersuisut fee is charged in connection with the issuance and renewal of the authorization to buy and use explosive substances, issuing and renewal of authorization as blasting leader and approval of explosives magazines. The fee fixed note to the Inatsisartut Finance.

§ 26. The Government is authorized to delegate the performance of regulatory and supervisory functions of explosives to the municipalities.

§ 27. Establishment of companies, which produced, processed or used explosive, flammable or special flammable liquids, gases or substances requires permission from the local council. The same applies to major alterations, extensions or changes in the operation of such virksomheder.Virksomhederne may be required to obtain fire and rescue equipment and providing water supply.
Subsection. 2. The local council may decide that buildings and their location should be designed and used in such a way that fire risk is reduced as much as possible and that appropriate rescue and fire fighting are respected.

§ 28. The municipal council may decide that measures are taken concerning the fire to the extent laid down rules in accordance with § 22 paragraph. 2, no. 2. Paragraph
. 2. The municipal council at least once a year decide whether to carry out fire and evacuation drills in buildings, etc., subject to paragraph. 1.
Subsection. 3. The local authority may decide that for buildings and land
1) where special flammable conditions.
2) how many persons gather or
3) where valuable may be vulnerable to damage
be taken operational measures to prevent or reduce the risk of fire and to ensure proper rescue and extinguishing options in case fire, including the establishment of fire alarm systems and automatic fire extinguishing systems.
Subsection. 4. The municipal council may decide that to be exposed fire watch in the use of public premises, tents or by organizing exhibitions, festivals, theater performances and similar events, including events in the open. The local council may also decide that the organizer must pay a fee to cover the municipality's expenses in connection with the fire guard.

§ 29. The municipal council carries out fire inspections of flammable companies listed buildings, buildings where many people gather and flammable buildings and warehouses.
Subsection. 2. The Government shall determine the fire inspection in accordance with paragraph. 1, including the issuance of an order from the municipal council to remedy any deficiencies.
Subsection. 3. Fire inspection in accordance with paragraph. 1 can, if necessary, at any time, on proof of identity and without a court order is made on the property.

§ 30. The Greenland Government may lay down rules on municipal disclosure of information about when and where the local council has conducted a fire inspection and any instructions issued in connection therewith.

§ 31. The owners or users of buildings or rooms, which are decorated fireplace, have a duty to ensure cleanliness of the fireplace and flue from here.
Subsection. 2. The responsibility for maintenance of chimneys, fireplaces, flues and flue responsibility of the owner. The user is obliged as soon as possible after he has become aware of a defect, to inform the owner or rescue chief or his deputy.

§ 32. The Government shall lay down rules for chimney sweeping, skortensrensning, skortensfejeres education and skortensfejeres duties.
Subsection. 2. The municipal council supervises that made chimney and skortensrensning to the degree ..
Subsection. 3. Chimneys Work is to be performed by persons authorized by the local council and have completed an approved chimney sweep course.
Subsection. 4. Chimney has with police complicity access to any building or property for the purpose of statutory skortensfejning and skortensrensning.
Subsection. 5. Skortensfejning and chimney cleaning is performed for the owner's expense.


Chapter 7

General duties


§ 33. Anyone who discovers fire, damage to persons, property or accidents and disasters which shows that there is an imminent danger to people or property, shall immediately inform those who are at risk, as well as alerting the emergency services or the police .

§ 34. In case of fire, any provide whatever help he can.
Subsection. 2. Any person who is present at the fire must upon request from the emergency services involved in rescue and fire-fighting operation.

Subsection. 3. The person in accordance with paragraph. 1 and 2 have participated in the rescue and extinguishing work is entitled to compensation from the municipality for documented loss of earnings.

§ 35. Everyone shall abide by the injunction issued by the emergency services.
Subsection. 2. Everyone must respect cordons in connection with an effort and comply with the police or emergency services call to leave the barricaded area or roads.
Subsection. 3. Upon an order to evacuate within the given deadlines to leave the residence and go via the roads pointed to the designated assembly points or accommodation areas.

§ 36. Everyone shall be ordered by the emergency services make their dwelling or other premises available to evacuees and other distressed and feed them to the extent he can.
Subsection. 2. The Government shall determine the compensation to be paid for it.


Chapter 8

Penalties


§ 37. Anyone who violates § 31, § 33 and § 34 paragraph. 1, may be fined.
Subsection. 2. In the same way there can be fined for it, who fail to comply with an order or prohibition pursuant to § 15 paragraph. 1, § 23 paragraph. 2, § 24, § 27, § 28, § 29 paragraph. 2, § 34 paragraph. 2, § 35 and § 36 paragraph. 1.
Subsection. 3. The person without municipal approval creates or makes substantial alterations, extensions or changes in the operation of enterprises in violation of § 27 paragraph. 1, may be fined.

§ 38. fined can also
1) who does not exercise proper caution with fire, candles, matches, ashes, flammable substances and whatever else may cause or contribute to fire, or who fails to ensure that persons belonging to the household or enterprise exercise such caution, and
2) the person who owns or uses of electrical systems or other light, heat, power or machine installations which may cause or contribute to fire , using such facilities, or have them used, regardless that they are not in good condition.

§ 39. Where the Greenland Parliament Act or regulations issued in pursuance of the Act provides for the imposition of fines, the fine imposed on a legal person under the provisions of the Criminal Code for Greenland.

§ 40. The Government may, in regulations issued pursuant to this law fix penalty of fines for violating the provisions of the regulations or for failure to comply with orders or prohibitions herein.


Chapter 9

Entry into force and transitional provisions


§ 41. This Act shall come into force on 1 July 2010 and repealed Landsting Regulation no. 6 of 30 October 1992 on the prevention and control of fire.
Subsection. 2. The under county Regulation no. 6 of 30 October 1992 on the prevention and control of fire issued notices and circulars etc. maintained until they are amended or repealed by regulations under this Act.
Subsection. 3. The notices etc. issued under Brandlov no. 513 of 21 December 1979 for Greenland shall remain in force until they are amended or repealed under this Act.

§ 42. This Act shall not apply to prospecting, exploration and exploitation of non-living resources in Greenland, including mineral resources, the sector responsibility in the emergency area governed by Greenland Parliament Act no. 7 of 7 December 2009 on mineral resources and activities of in this regard.





Greenland, May 26, 2010




Kleist

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Jens B. Frederiksen