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Fire Protection And Fire Fighting Law

Original Language Title: Ugunsdrošības un ugunsdzēsības likums

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The Saeima has adopted and the President promulgated the following laws: law on fire protection and fire-fighting chapter I General article 1 issues. The scope of the law, the law defines fire safety, fire and rescue service and organization system, natural and legal persons the tasks and competences in the field of fire protection and fire-fighting, as well as the State fire and rescue service structure, function, State fire and rescue service of the servicemen to a specialised service for civil servants, the duties, rights, legal protection and social guarantees.
2. article. Fire safety fire safety notion is compliance with legislation requirements relating to fire prevention, successful deletion and the limitation of their consequences.
3. article. Fire fire is the concept of organized activity undertaken to eliminate fires, rescue persons and material values, as well as protect the environment in the fire at the time of deletion.
 
Chapter II fire protection and fire-fighting, article 4. Fire safety, fire and rescue departments and organizations (1) the State has the following fire safety, fire and rescue services and organizations: 1) State fire and rescue service;
2) institutions, bodies and company of fire protection, fire and rescue services;
3 municipal fire) fire and rescue services;
4) volunteer fire organizations.
(2) the cabinet shall determine: 1) the procedures for the authorities, organisations and commercial companies established fire protection, fire-fighting and rescue services;
2) institutions, bodies, companies and municipal fire protection, fire-fighting and rescue service functions and rights, as well as those sliding.
(3) volunteer fire organizations operate in accordance with the law "On public organizations and their associations".
5. article. Fire safety, fire and rescue services (1) the institutions, organisations, companies and local authorities can create their own fire protection, fire-fighting and rescue services.
(2) fire control, fire-fighting and rescue services to create explosive atmospheres, ugunsbīstamo and particularly important objects. Cabinet of Ministers shall lay down the criteria according to which the object is considered explosive, or carry flammable or particularly important, as well as confirm this object list.
6. article. Fire safety, fire and rescue services and organization of cooperation (1) every fire safety, fire and rescue authorities and organisations are obliged to provide mutual assistance, fires and rescue work.
(2) the order in which State and local institutions involved in forest fires and rescue, determined by the Cabinet of Ministers.
7. article. Local tasks in the field of fire protection and fire-fighting tasks of local fire safety and the fire area are: 1 to provide a municipal fire), the fire and rescue service employee training;
2) support volunteer fire organizations in the territory of the local government building;
3) to support the national fire and rescue service in the territory of the municipality, to provide the necessary fires use water free of charge, as well as adequate opportunity to provide material and technical assistance.
8. article. Institutions, bodies and company of fire protection, fire and rescue services in the main roles of the institutions, bodies and company of fire protection, fire and rescue services ' main tasks is to carry out activities related to fire prevention and fire, as well as to carry out rescue work in the respective institution, organization or company.
9. article. Responsibility for fire protection authority, organization and company (1) fire authority, organization or company is responsible in its head.
(2) the authority, organisation or company is the responsibility of the driver: 1) provide the statutory fire safety requirements;
2) provide training in the field of fire protection;
3) and to allow a national fire safety monitoring;
4) by country fire surveillance may be requested by the Inspector with the fire safety issues related information;
5) in the event of fire until the fire, the fire and rescue service arrived in time to organize fire fighting measures.
10. article. Landlords (possessor), residential tenants and apartment owners in fire safety and fire-area Homeowner (possessor), residential tenants and apartment owners: 1) maintain property (possession) existing and rental buildings and the spaces according to the regulations laid down in the fire safety requirements;
2) in the event of fire, to meet fire safety, fire and rescue officials.
11. article. The duties of the citizens fire and fire-fighting duties in the area of population in the field of fire safety and the fire are: 1) the laws specified to meet fire protection requirements;
2) in the event of fire, inform the fire safety, fire and rescue service.
12. article. Requirements of fire protection requirements for natural and legal persons must meet in order to prevent and successfully deleted the fires, as well as reduce their consequences, regardless of the form of ownership of the object and the location determined by the Cabinet of Ministers.
13. article. State Fire supervision (1) State supervision over the State of safety in the fire and rescue service national fire safety supervisory inspectors.
(2) the State Fire supervision inspectors shall have the right at any time to check the fire safety monitored objects require the object to prevent managers identified the statutory fire safety requirements, as well as within the limits of its competence: 1) in accordance with the procedure prescribed by law, to suspend or limit the authorities, organizations, commercial companies, another object, it Department or the functioning of the equipment, buildings and premises construction and operation or output;
2) to provide natural and legal persons: (a) an opinion on the conformity of fire) technical provisions or the specific requirements of the rules and allowed deviations from them, b) fire protection measures in the installations, which are the relevant laws, regulations, rules and standards, būvnormatīvo is not a specific fire safety requirements;
3) in the cases provided for by law and in order to examine the case of administrative offences and impose administrative penalties.
(3) the national fire monitoring competence of inspectors and the procedures to be carried out in a national fire safety supervision shall be determined by the Cabinet of Ministers.
14. article. Fire extinguishing and rescue management (1) deletion of fire and rescue operations led by the State fire and rescue service's senior officer who arrived on the scene. To the State fire and rescue service fire department arrival time of deletion and rescue operations led by the fire, the fire and rescue service's top official, who is on site.
(2) all fire or emergency site to the existing fire safety, fire and rescue services, any other services, as well as draw on natural persons are subject to fire extinguishing and rescue work.
(3) no one has the right to intervene in fire extinguishing and rescue Manager transaction and cancel his lawful orders.
15. article. Fire extinguishing and rescue work driving to stop and prevent fire and its related factors in the spread of dangerous, threatening the natural persons, material values and environment, or remove obstacles that interfere with the fire and rescue the deletion, fire extinguishing and rescue Manager is entitled to: 1) order: a) to enter any area, building and room b) move, demolish or destroy buildings , and their parts, c) dismantle equipment d) move vehicles;
2) with the consent of the owner (possessor) to use in carrying out the work of the natural and legal persons of movable and immovable property;
3) engage in special services (police, emergency services, gas mains to emergency services, etc.), public order, traffic control, evacuation or other emergency measures in the event.
16. article. Delete fire and rescue are special objects in specific objects (diplomatic and consular buildings, ships, military installations, other specific objects) fire and rescue do delete, in coordination with the relevant object or other responsible officials.
Article 17. Fire records and their implications in national fire and rescue service of the Cabinet of Ministers in the order accounted for fires and collects information about the consequences.
18. article. Fire safety education (1) the Training related to the basic principles of action and reaction in the event of fire, performing educational institutions. Training content is determined by the Interior Minister.

(2) the order in which the educational institution the student training to be carried out in the area of fire protection, after consulting the Minister of the Interior approves the Minister of education and science.
19. article. Conformity assessment (1) fire safety products, fire-fighting equipment and devices for conformity assessment to be carried out in accordance with the law on conformity assessment ".
(2) the Cabinet of Ministers approved a compulsory conformity assessment of goods the fire safety, fire-fighting equipment and devices, as well as for those essential requirements lay.
20. article. Costs and expenses for damages and losses incurred by deleting or fire rescue work involving the natural and legal persons resources recoverable in the order of the Cabinet of Ministers and about.
 
Chapter III the State fire and rescue service article 21. State fire and rescue service's mission statement (1) the State fire and rescue service is under the supervision of the Ministry of the Interior of an existing national regulatory authority (hereinafter the authority) that implements the State policy on fire protection, firefighting and civil protection, monitor the statutory fire safety requirements, as well as coordinated institutions, organisations, companies and local governments created the fire, the fire and rescue service and the volunteer fire organizations related to fire protection and fire-fighting.
(2) the authority of the Statute approved by the Cabinet of Ministers.
22. article. Authorities operating principles (1) the authority, in the exercise of the functions assigned to it, protect the rights and legitimate interests of fire protection, fire-fighting, rescue and civil protection, regardless of that person's nationality, social, property or other status, race and nationality, sex, age, education, language, political, religious and other beliefs.
(2) the authority shall, in the exercise of the functions assigned to it, works with State and local authorities, non-governmental organizations, commercial companies, as well as citizens.
(3) the authority shall not take part in political or transnational conflict prevention and liquidation of the riot.
23. article. Authorities in international relations (1) the authority shall maintain professional contacts with other countries in fire protection, fire and rescue services and civil protection organisations.
(2) the authority shall participate in the international fire safety, fire-fighting, rescue and civil protection organisations.
(3) the authority under its competence in international treaties established provides assistance in the territory of other countries.
24. article. The financing of the authority the Authority's financial resources shall consist of: 1) grant from the general revenue;
2) revenue from the fees and other revenue;
3) donations and gifts.
25. article. Authority (1) the functions of the authority are as follows: 1) analyze the fire situation and the possibility of the emergency situation in the Republic of Latvia and, based on this analysis, to provide to the Ministry of the Interior, municipalities, as well as other natural and legal persons of the proposals on the improvement of fire protection and rescue;
2) organize and conduct national fire safety monitoring;
3) make and manage fires;
4) to carry out rescue operations, fire;
5) to carry out rescue work after a road traffic accident;
6) to organize, manage and carry out the rescue and search work in inland waters;
7) according to their technical support and opportunities to perform other rescue operations;
8) in cooperation with the other institutions to plan measures to ensure the prevention of emergency preparedness with ionizing radiation sources related activities;
9) in cooperation with the other institutions to carry out emergency rescue work according to regulations laid down in the radiation safety and nuclear safety requirements;
10) to participate in the industrial accident risk assessment and evaluation of the measures taken to reduce and State supervision;
11) legislation in order to participate in the planning of measures to be taken to prepare for the prevention of industrial accidents, and in cooperation with other institutions to conduct and manage the emergency disaster relief measures;
12) to organize, conduct and manage emergency rescue and relief work after a chemical accidents, including dangerous goods accidents and other chemicals or chemical products or use-related incidents;
13) to provide for the security of the population or of fire in the event of an emergency, give first aid under the authority of the persons servicemen professional knowledge and opportunity;
14) to ensure that, the fire and rescue operations would be harmed in less material damage and damage to the environment;
15 flat) provide emergency phone (112) line;
16) within the limits of its competence to organise and implement the civil protection measures;
17) legislation established to organize and coordinate the national substantive provisions;
18) regulations in order to organize the national material reserves;
19) participate in fire protection, fire-fighting, rescue and civil protection framework in the development of law, as well as within the limits of its competence to participate in drafting the opinions on legislative projects being developed by other institutions;
20) to train servicemen in the institution and persons, as well as organize training process;
21) to train fire safety, fire and rescue, as well as engaging in civil protection and to organize their training;
22) within the limits of its competence to participate in the service of the transferred object;
23) make fire safety, fire-fighting, rescue and civil defense propaganda;
24) perform scientific research work of fire protection, fire-fighting, rescue and civil protection.
(2) the order in which the authority shall carry out and manage fires and rescue, determined by the Cabinet of Ministers.
(3) Fire extinguishing and rescue equipment needed, special and technical equipment, as well as the rules established by the Cabinet of Ministers.
26. article. (1) the management authority chaired by the Chief, whose candidacy is approved by the Cabinet of Ministers and appointed and released from the post of Interior Minister.
(2) To the post of Chief of the authority can stand only officials who have higher education and special education in the field of fire protection, as well as the seniority of specialty not less than 10 years.
(3) the Authority's boss at the main State Fire supervision inspectors, but his Deputy, major national fire safety inspector Deputy of supervision.
27. article. The structure and personnel of the Authority (1) the authority is the central apparatus, as well as substantive and territorial units.
(2) authority positions in specialized civil servants (hereinafter officials), and employees who work on the basis of the employment contract.
28. article. Adoption officials in the service of (1) the Department shall adopt the Latvian citizens aged between 18 and 40 years of age: 1) who have at least completed secondary education and training in the field of fire or who study fire and civil defence College;
2) which able to Latvian language;
3) whose personal qualities, physical fitness and health status complies with the requirements established by the institution.
(2) the service does not accept persons: 1) punished for intentional criminal offence committed;
2) retired from service due to a breach of discipline;
3) are or have been the USSR, Latvian SSR or foreign State security, intelligence or counterintelligence services of the State employees;
4) are or have been with the laws or court rulings restricted members;
5) is by direct superiors of kinship (the person with the immediate superior is the marriage, kinship or affinity up to the first degree, brothers and sisters).
29. article. The categories of officials and special rank (1) officials under special ranks shall be divided into the following categories: 1) the ratings composition;
2) junior commanding cases;
3) average commanding cases;
4) senior commanding cases;
5) commanding the highest.
(2) officials will grant such special rank: 1) it consists, in the line: the fire and rescue service rank;
2 the composition in the latest commanding): the fire and rescue service for corporal, the fire and rescue service Sergeant, fire and rescue service virsseržant, the fire and rescue service officer Vice-President;
3 average commanding in composition), fire and rescue service's lieutenant, the fire and rescue service first, the fire and rescue service captain;
4) commanding the older composition: fire and rescue services in the major, the fire and rescue service, fire Lieutenant Colonel and Colonel of the rescue services;
5) commanding the highest composition — the fire and rescue service General.
(3) position the appropriate special service tier list approved by the Cabinet of Ministers.

30. article. For candidates to vacant posts (1) for candidates to the posts of officials, giving the applicant the feasibility requirements in accordance with the job description, login duration and place of the application, shall issue: 1) Authority boss — newspaper "journal": a) to the official posts in the central apparatus, b) to the average or earlier of the categories of commanding officials posts in substantive or territorial departments;
2) the autonomous territorial unit or Manager-local newspaper for the other posts.
(2) for candidates to vacant posts, the official may not announce if the Authority's decision and under the head of State's official move relevant posts.
31. article. Conformity assessment of applicants (1) after the Interior Ministry's central medical expertise Commission, the applicant made a positive opinion on the validity of the service of the applicant's conformity with the requirements laid down by the authorities or evaluated by independent territorial unit or the attestation Commission of the Minister of Interior.
(2) the applicant shall have the right to acquaint themselves with the attestation Commission opinion.
32. article. Appointment of officials (1) the Chief of the authority after the authority of the Commission's opinion, the attestation appointed officials: 1) in the central apparatus;
2) in independent or territorial Department, average or earlier commanding composition category in the appropriate positions.
(2) all other officials appointed or territorial structure-independent unit manager at the attestation Commission opinion.
33. article. Trainees (1) an applicant who has not completed the basic training in the field of fire, recruiting trainee status for a period of up to six months.
(2) the trainee is entitled to perform the duties of civil servants only.
(3) the trainee shall receive base salary, according to the post, which he nevertheless, but do not receive the bonus.
(4) upon the expiry of the period of the internship, the head of the Department who received trainees work, decide on his acceptance of the service and the appointment.
(5) during the internship service.
34. article. The official's oath of office clerk, upon taking office, gives the oath: "I (name), upon taking office the State fire and rescue service, honest to fulfill the laws of the Republic of Latvia, not saving their forces to rescue people and fight fires."
35. article. In the course of the service Authority (1) in the course of the service, a special service for the award of degrees; the order in which they are robbed or downgrade, as well as the order in which the official takes office and retired from it, and moving, censure is appointed and released from Office; leave procedure; benefits of procedures and training of officials, the agenda defines the service running in the rules of procedure. In the course of the service subject to the approval of the Cabinet of Ministers.
(2) the procedure for the granting of awards, and open to appeal disciplinary action, as well as the procedures for the submission and consideration of complaints and suggestions of officials, determines the rules of procedure of the disciplinary action. Disciplinary rules of procedure approved by the Cabinet of Ministers.
(3) an officer may serve up to the age of 50.
(4) After the election officials, as well as taking into account their physical and professional ability, Service service running under the procedures laid down in the rules of procedure can be extended to up to 60 years of age.
(5) does not apply To official labour relations regulatory laws.
36. article. The right of civil servants to the official performance of their duties, have the right to: 1) access to all sites, buildings, structures and premises (hereinafter referred to as objects), which spreads or can spread fire and combustion products or who need to perform rescue operations;
2) evacuate from objects, people, animals and things;
3) restrict the area where are made the fire or rescue work.
37. article. Duties of the Officials officials is responsible for the following: 1) to carry out its functions in accordance with the laws, rules, regulations, as well as the superior orders;
2) without objections to execute immediate superior and superior legal ordinances of the chiefs;
3) responsible for their actions or inaction's legitimacy;
4) regularly add to knowledge, develop professional skills and abilities, as well as to maintain the service tasks corresponding to physical fitness.
38. article. Official official restrictions prohibited to organize and participate in strikes.
39. article. The official's appraisal (1) the activities of Officials and evaluate its results, as well as recognized as an official service and appropriate for a certain job, or its territorial units or independent attestation Commission of the Minister of the Interior.
(2) the officer attesting not less frequently than every three years.
(3) the clerk presented the results of attestation.
40. article. Official awards are set for the following official awards: 1) gratitude;
2) cash prize or some other valuable prize;
3) paid additional leave for a period of up to 10 working days;
4) Interior Ministry or authorities of honor article, award or breast (mark);
5) current special rank assignment before the deadline;
6) national godazīm, medals and decorations.
Article 41. Official disciplinary action (1) official of the following disciplinary actions: 1) Note (expressed orally or in writing);
2) reprimand;
3) warning non-compliance post;
4 transfer the post below) for a period of up to three months;
5) release from the post, to enter the lower position;
6) special service downgrading by one degree;
He retired from the service of 7).
(2) the question of the imposition of the disciplinary measure proposes a direct superior and examines the relevant attestation Commission.
(3) an officer is entitled to challenge the application of the disciplinary measure his top boss during the month after reading order for disciplinary action.
Article 42. The official release from the post removed by Clerk: 1) at the same election;
2) due to inadequate requirements State of health;
3) for breaches of discipline;
4) if the number of civil servants is reduced or eliminated in the post;
5) on the basis of the attestation Commission opinion.
43. article. He retired from the service of the officials (1) an official from the military retirement: 1) at the same election;
2) due to inadequate requirements State of health;
3) for breaches of discipline;
4) if the reduced number of officials;
5) If an officer is convicted of a criminal offence;
6) if the official is elected or appointed to another institution;
7) on the basis of the attestation Commission;
8) because of the official's death.
(2) an official may be: 1) retired him reaching the maximum service age;
2) he reaches retirement pension the retirement time.
(3) If a Court of committing a criminal offence of negligence the penalty awarded by the official that is easier on the deprivation of liberty, the Interior Minister has the right to allow him to continue the service.
44. article. Official working hours (1) an official 40 hour work week.
(2) if necessary, with the boss or the relevant substantive or territorial departmental head of order of official involvement in work after work time.
Article 45. The official's pay and supply (1) the Clerk's pay, which consists of base salary, bonus on special service rank, bonus on retirement and other allowances and premiums, are determined by the Cabinet of Ministers.
(2) the official service of the State dependent part. The rules and procedures of supply is determined by the Cabinet of Ministers.
Article 46. The official benefits granted (1) an officer is entitled to the benefits of health, if their duties, suffered injury or permanent disability or his health suffered another injury.
(2) the birth of a child to an officer receives a lump sum payment in the amount of six base salary. If both the child's parents are officials, entitlement to benefits is one of them.
(3) the Clerk shall receive a lump sum payment in the amount of base salary: 1) severe accidents;
2) due to a family member or dependent death;
3) leave annual leave.
(4) he retired from the service of this law article 43 first paragraph 2, 4 and 6 and in the cases referred to in the second subparagraph the clerk receives the retraining allowance.
(5) If, fire or carrying out rescue operations, the officer died, his heirs still not in a lump sum payment in the amount of 50 000 lats.
(6) in the first and fourth paragraph about defined benefit and cost of the procedure is determined by the Cabinet of Ministers.
47. article. Officials leave for (1) an official is granted such leave: 1) paid annual leave;
2) leave;
3) study leave, if he successfully taught higher education institution for the fulfilment of the required knowledge.
(2) the annual leave of the official duration is: 1) four calendar weeks, if the official's retirement is up to 10 years;
2) five calendar weeks, if the official's retirement is from 10 to 20 years;
3) six calendar weeks, if the official's retirement is 20 to 25 years;
4) seven calendar weeks, if the official's retirement is more than 25 years.

48. article. Officials of the insurance and health care (1) an officer is subject to the compulsory insurance of the Cabinet of Ministers.
(2) an officer is entitled to free health care services at a minimum.
49. article. The official's uniform (1) official in the course of their duties, wear uniforms.
(2) an official provided with fire extinguishing and rescue work requires special clothing and personal protective equipment.
(3) a description of the uniforms, special clothing and personal protective equipment, as well as property supply rules determined by the Cabinet of Ministers. Uniform carrying order determined by the Minister of the Interior.
50. article. Officials with the apartment (1) the authority shall have the right to buy apartments and houses, as well as bringing a residential home for your needs.
(2) If an official transferred in the interests of the service to other localities, and authority, the municipality may provide him with living quarters in the area or its vicinity.
51. article. Teaching of official cover (1) an official who, without interrupting the service, successfully learn Latvian higher education institution for the fulfilment of the required knowledge, authority to bear half of the school year.
(2) an official who, after learning of the nodienēj cover the fee authority in less than five years and is released from Office (with the exception of this law article 43 first paragraph 2 and in paragraph 4), the Minister of the Interior in accordance with the procedure laid down in the refund of tuition fees cover the Authority's part.
52. article. An official from the compensation to be granted (1) the procedure for the determination of compensation for living space rent official who, in the interests of the service is transferred to another locality, and the amount of compensation is determined by the Chief of the authority.
(2) if the official does not permanently reside in the administrative territory, where is his place of employment, he was the Chief authority in the order shall receive compensation of travel expenses.
(3) the official who on official duty for the use of personal vehicle, its operating expenses offset by funds from the national budget authorities boss.
(4) if the official performance of their duties, have suffered injury or permanent disability or his health suffered another injury, he in addition to statutory benefits paid in a lump sum compensation in the order of the Cabinet of Ministers and about.
53. article. Officials of the pension the official is entitled to a retirement pension in the amount prescribed by law and order.
54. article. Official legal protection (1) the clerk is a public official, that the legal requirements set out in the performance of their duties, are mandatory for all natural and legal persons. Disobedience of lawful requirements of officials is punishable.
(2) an official State protection. His health, life, honor and dignity protected by the State.
(3) Officials of the Honorable resistance to official harassment, or conduct that disturbs him to discharge their duties, as well as officials of endangering the life or health is punishable by law.
(4) the officer responsible for the financial and physical harm suffered by the performance of duties within their competence.
(5) an official shall not be binding upon the political organizations (parties) associations and non-governmental organizations or their representatives, orders and decisions.
 
Transitional provisions 1. With the entry into force of this law shall lapse by law "On fire" (the Republic of Latvia Supreme Council and Government Informant, 1992, 15/16.nr.; The Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 1994, nr. 23; 1995, no 3; in 1997, 4, no. 8; 1999, no. 12; 2001, No 14; No 5, 2002; Journal of Latvia, 1997, 175./177.nr.).
2. Article 46 of this law the second part of the allowance up to 1 January 2005 shall be paid to the official authorities of the Chief within the institution for the year approved wage fund.
3. Article 46 of this law in the third subparagraph of paragraph 3 and the second paragraph of article 52 shall enter into force on January 1, 2004.
4. the Cabinet of Ministers until July 1, 2003 to issue the rules laid down in this law. Up to the date of entry into force of the relevant provisions of the following Cabinet of Ministers regulations, in so far as they are not inconsistent with this law: 1) the Cabinet of Ministers on 7 September 1997 by Regulation No. 317 "system of the Ministry of the Interior staff with special ranks over the rules of the service";
2) the Cabinet of Ministers of 30 December 1997, Regulation No 440 of "fire safety";
3) Cabinet of 21 April 1998, the Regulation No 148 ' rules on compensation for the intake system of the Ministry of the Interior staff with special ranks ";
4) the Cabinet of Ministers of 8 December 1998, Regulation No 447 of the "Ministry of the Interior system of ratings and commanding institutions of uniforms and the description of the marks and economic supply rules";
5) Cabinet of 15 December 1998, the Regulation No 460 "system of the Ministry of the Interior staff with special ranks disciplinary regulations";
6) Cabinet on July 3, 2001, Regulation No 283 of "rules on the remuneration system of the Ministry of the Interior staff with special ranks".
5. Article 28 of the law on the conditions provided for in the first subparagraph for Latvian citizenship cannot be the basis for the release of the officials of the posts and he retired from the military, which entered service in until 2002 December 31.
The law shall enter into force on 1 January 2003.
The Parliament adopted the law of 24 October.
State v. President Vaira Vīķe-Freiberga in Riga 2002. on 13 November, the Editorial Note: the law shall enter into force by 1 January 2003.