Advanced Search

The Law Of 24 August 1991 On The State Fire

Original Language Title: USTAWA z dnia 24 sierpnia 1991 r. o Państwowej Straży Pożarnej

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

ACT

of 24 August 1991

o State Fire Brigades

Chapter 1

General provisions

Article 1. [ Tasks Of The State Fire Service] 1. The State Fire Service shall be established as a professional, uniformed and equipped with specialist equipment designed to fight fires, natural disasters and other local threats.

2. The basic tasks of the State Fire Brigade shall be:

1) recognizing fire hazards and other local threats;

2) organizing and conducting rescue operations at the time of fires, natural disasters or the liquidation of local threats;

3) the execution of auxiliary specialized rescue operations in the time of natural disasters or the liquidation of local threats by other emergency services;

4) the education of personnel for the needs of the State Fire Service and other fire protection units and the general civil protection system;

5) supervision of compliance with fire regulations;

6) conducting scientific and research work in the field of fire protection and civil protection;

7) cooperation with the Head of the National Criminal Information Centre to the extent necessary for the implementation of its statutory tasks;

8) cooperate with fire firefighters and rescue services of other states and their international organizations on the basis of binding Polish Republic of international agreements and separate regulations;

9) the realization of other tasks resulting from binding the Republic of Poland of international agreements on the principles and within the scope of them specified.

3. The service in the State Fire Service is full of fire officers, hereinafter referred to as "firefighters".

Article 2. (repealed)

Article 3. [ Military Fire Protection] 1. The tasks provided for the State Fire Service in the cells and organizational units subordinate to or supervised by the Minister of National Defence shall be carried out by the Military Fire Protection in the mode and on the conditions specified, on the way Regulation, by the Minister of National Defence in agreement with the Minister responsible for internal affairs.

2. In the Military Fire Protection they may serve also the firefighters of the State Fire Service, designated with their consent by the Commandant of the Main State Fire Service.

3. The Minister of National Defence and the minister responsible for internal affairs shall determine, by means of regulations, the rules for the appointment, transfer and dismissal of office posts and the suspension of the service activities of firefighters referred to in paragraph 1. 2, as well as the authorities competent to give them disciplinary penalties.

Article 4. (repealed)

Article 5. (repealed)

Article 6. (repealed)

Article 7. [ Definitions] Whenever there is a law in the law:

1) rescue actions-it is understood by this rescue action organized and directed by the State Fire Department;

2) auxiliary medical rescue-shall mean the actions of the State Fire Service in the framework of assistance provided to other rescue services, with the exception of protective and protective activities, reserved for other units subordinate to the Minister responsible for internal affairs;

3) an old age-this is also understood by the president of the city in the cities on the rights of the district.

Chapter 2

State Fire Brigade Organization

Article 8. [ PSP organization units] 1. Organizational units of the State Fire Service are:

1) The Main Command;

2) the state command;

3) county command (urban);

4) The Main School of the Fire Service and other schools;

5) Research and development units [ 1] ;

6) The Central Museum of Fire.

1a. The command of the voivodship may include training centres.

2. The district command (municipal) of the State Fire Service includes rescue and fire extinguishing units.

2a. As part of the rescue and fire extinguishing units referred to in paragraph. 2, the temporary posts of the State Fire Service may be isolated. Serving at the time station is equivalent to serving in the locality in which the rescue and fire extinguishing unit is located.

3. The composition of the organizational units of the State Fire Service referred to in the paragraph. 1 point 4, the rescue and fire extinguishing units may enter.

3a. Rescue and fire extinguishing units created in the organizational units of the State Fire Service referred to in paragraph. 1 point 4, they carry out rescue tasks in the area and to the extent established in agreement with the relevant local district commandant (urban) of the State Fire Service.

4. The Minister responsible for internal affairs shall determine, by means of a regulation:

1) (repealed)

2) the detailed rules of equipment of the organizational units of the State Fire Service, and in particular:

(a) standards of equipment for rescue and fire extinguishing units of the State Fire Service in fire extinguishing and special vehicles and in equipment and technical means,

(b) the standard of equipment for specialised equipment, vehicles and technical means for technical, chemical, ecological and medical rescue,

(c) standards for the equipment of national specialised equipment bases and fire extinguishing agents.

3) (repealed)

4) (repealed)

5) (repealed)

5. Commandant of the State Fire Service shall determine, by order, in order to unify and ensure rational transport economy in the organizational units of the State Fire Service:

1) the means of using the transport equipment and keeping the records of the work of equipment;

2. the method of maintaining the technical efficiency of transport equipment;

3) the means of recognising transport equipment as unnecessary and the management of this equipment;

4) the method of accounting for fuel consumption.

Article 9. [ Commandant of the State Fire Service] 1. The Central Command of the State Administration of Fire Protection and Fire Protection System is the Chief of the State Fire Service, subordinate to the Minister of the Interior and the Minister of State for the Protection of Fire and Fire Protection.

2. Commandant of the Main State Fire Service appoints from among officers of the State Fire Service and cancels the President of the Council of Ministers, at the request of the Minister responsible for internal affairs.

3. Deputy Commandant of the Main State Fire Service appoints among officers of the State Fire Service and refers the minister competent for internal affairs, at the request of the Commandant of the State Fire Service.

Article 10. [ Tasks of the Chief PSP of the PSP] 1. The tasks of the Commandant of the Main State Fire Service shall be:

1) directing the work of the Main Headquarters of the State Fire Service;

2. to direct the national rescue and extinguishing system, and in particular:

(a) the disposal of the national rescue and fire-extinguishing system operators in the territory of the country through its position of routing,

(b) the establishment of a collective network plan of the bodies of the national rescue and extinguishing system,

(c) the establishment of a deployment plan in the area of the country of specialised equipment within the national rescue and fire-extinguishing system,

(d) disposing of operational drains and directing their forces,

(e) the command of rescue operations, whose size or extent exceeds the capacity of the rescue forces of the voivodship,

(f) the organisation of central operating drainage and carrying out an inspection of the operational readiness of the national rescue and fire-extinguishing systems, whose forces and measures form a central operating system,

(g) analysing the rescue operations carried out by the national rescue and fire-extinguishing system,

(h) the arrangements for carrying out an inspection of the operational readiness of the national rescue and fire-extinguishing systems;

3) analysing fire hazards and other local threats;

4) the initiation of projects and scientific and research work in the field of fire protection and rescue;

5) organizing education, training and professional development in the organizational units of the State Fire Service;

5a) reconciliation developed and provided by the commanders of the State School of Fire Department of the curriculum for the professions of fire and fire engineering and training programmes in postgraduate studies in the field of training professional;

5b) developing and approving vocational training and improvement programmes and the exercise of the supervision of the didactical nature of their implementation;

5c) supervising the observance of the safety and hygiene of the service in the State Fire Service;

5d) the development and approval of the training programme for fire protection inspectors and the training programme for the updating of fire protection inspectors;

6) initiating and preparing drafts of normative acts concerning fire protection and rescue;

7) appointing and revoking the experts on fire protection matters and supervising their activities;

8) the establishment of programmes and rules of fire training for fire protection units referred to in art. 15 paragraphs 2-6 and 8 of the Act of 24 August 1991. on fire protection (Dz. U. of 2017 items 736);

9) support social initiatives in the field of fire protection and rescue;

10) co-operation with the Management Board of the Main Association of the Fire Brigades of the Republic of Poland;

11) conducting international cooperation, participation in the preparation and execution of international agreements within the scope set out in the laws and in these agreements and directing the organizational units of the State Fire Service to the rescue operations and humanitarian outside the state border, on the basis of binding Republic of Poland international agreements;

12) introduction of increased operational readiness in the State Fire Service in the situation of increased probability of natural catastrophe or technical failure, the effects of which may endanger the life or health of a large number of persons, property in great the size or the environment in significant areas, and in the event of occurrence and persistence of the increased fire hazard;

13) organizing national and international rescue exercises;

14) establishment of the framework regulations of the service in the organizational units of the State Fire Service and the rules of the rules of the shell and the fire ceremonies;

15) organizing sports activities and setting up sports regulations of the fire professions and other professions for firefighters;

16) realization of tasks, resulting from other laws.

2. Commandant of the State Fire Service shall exercise supervision over:

1) the Main School of the Fire Service, in the scope of carrying out the tasks of the organisational unit of the State Fire Service;

2) other schools, research and development units The State Fire Service and in the didactic area over the training centres in the provincial commanders of the State Fire Service;

3) The Central Museum of Fire.

3. Commandant of the State Fire Service shall control the activities of the bodies and organizational units of the State Fire Service.

4. Commandant of the State Fire Service is the supervisors of firefighters serving in the State Fire Service.

5. Commandant of the State Fire Service shall determine, by means of order, the manner of conducting an inspection of operational readiness of the entities of the national rescue and fire-extinguishing system.

6. Commandant of the State Fire Service shall determine, by means of ordinance, the framework regulations of the Service in the organisational units of the State Fire Service and the rules of procedure of the mustarry and fire ceremonies.

Article 11. [ Bodies performing PSP tasks in the voivodship area] 1. The tasks and competencies of the State Fire Service in the area of the voivodship shall perform:

1) voivode with the assistance of the voivodship of the State Fire Service, as the head of the guard of the complex government administration in the voivodship;

2) the district commandant (city) of the State Fire Service.

2. The Commander of the State of the State Fire Service shall perform in the name of the voivodship the tasks and competences specified in the statutes.

Article 11a. [ Authorities competent in administrative proceedings in matters relating to the tasks and competence of the PSP] 1. In administrative proceedings, in matters related to the performance of tasks and competence of the State Fire Service, if the laws do not provide otherwise, the competent authority shall be the district commander of the State Fire Service.

2. In administrative proceedings, in the cases referred to in paragraph. 1, the authorities of a higher degree are:

1) in relation to the district commandant (city) of the State Fire Service-Commandant of the State Fire Service State;

2) in relation to the commander of the voivodship of the State Fire Service-Chief of the State Fire Service.

Article 12. [ Appointment and recall and tasks of the Commander of the voivodship PSP] 1. The Commander-in-Chief of the State Fire Service appoints, among the officers of the State Fire Service, the minister competent for internal affairs at the request of the Commandant of the State Fire Service, submitted after obtaining the consent of the voivodship.

2. The Commander-in-Chief of the State Fire Service shall refer the Minister responsible for internal affairs, after consulting the voivodship.

3. In the absence of the opinion referred to in paragraph. 2, the minister responsible for internal affairs cancels the commandant of the Provincial State Fire Service after 14 days from the date of submission of the request for appeal.

3a. In case of dismissal of the position of the Commandant of the State Fire Service, Commandant of the State Fire Service, until the appointment of the new Commandant, entrusts the duties of the Commander of the State Fire Service Commander designated officer of the State Fire Service, for a period of not more than one month.

4. Substitutes of the Commandant of the State Fire Service are appointed from among the officers of the State Fire Service and are referring to the Chief of the State Fire Service at the request of the Commandant of the Provincial Fire Service.

5. The tasks of the Commandant of the Provincial State Fire Service shall be:

1) directing the command of the state of the State Fire Service;

2) development of rescue plans in the area of the voivodship, taking into account the provisions of art. 10 para. 1 point 2 (a) b and c;

3) organizing the national rescue and fire-extinguishing system, including operational drains, in the area of the voivodship;

4) the disposal and management of the forces and means of the national rescue and fire-extinguishing system in the area of the voivodship through its routing position, and in particular the command of rescue operations, the size or the extent of which exceeds the possibility of rescue forces of the district;

5) directing the organizational units of the State Fire Service from the area of the voivodship to rescue and humanitarian operations outside the state border, on the basis of binding Republic of Poland agreements and international agreements;

6) analyse the rescue operations carried out by the entities of the national rescue and fire system in the area of the voivodship;

7) conducting an inspection of operational readiness of the entities of the national rescue and fire system in the area of the voivodship;

8) introduction of increased operational readiness in the State Fire Service in the area of voivodship and powiats, in the situation of increased probability of natural catastrophe or technical failure, the effects of which could jeopardize life or health large number of persons, property in large sizes or the environment in significant areas, and in case of occurrence and maintenance of increased fire risk;

9) organizing provincial rescue exercises;

10) controlling the reconciliation of construction projects in the field of fire protection;

10a) supervision of the activities of experts in the case of fire safety protection;

11) supervision and control of district commanders (urban) and district commands (city) of the State Fire Service;

12) supervise the supervision of the observance of the safety and hygiene of the service in the district commanders of the State Fire Service (municipal);

13) analyse the state of security of the voivodship in terms of tasks carried out by the State Fire Service;

14) develop programs of vocational training and improvement, taking into account the specificities and needs of the voivodship, and organising vocational training and improvement, as well as initiating ventures in the area of physical culture and sport in the area Voivodship

15) to participate in the preparation of the draft state budget in the part of which the competent water-water is available, in the chapters on fire protection;

16) support social initiatives in the field of fire protection.

5a. In addition to the tasks of the voivodship of the State Fire Service, the following should be added:

1) co-operation with the management of the provincial branch of the volunteer fire brigade;

2) carry out tasks resulting from other laws.

Article 13. [ Appointment and disappointment and tasks of the district commandant PSP] 1. The Komendanta district (municipal) of the State Fire Service appoints among the officers of the State Fire Service Commandant of the State State Fire Service in agreement with the Starostia. Article Article 35 par. 3 point 1 of the Act of 5 June 1998. o the district administration (Dz. U. of 2016 r. items 814, 1579 and 1948 and of 2017 items 730 and 935) does not apply.

2. In the event of failure to take the position or not to accept the declared candidacy for the position of the district commandant (urban) of the State Fire Service, within 30 days from the date of its presentation of the starost, shall be presented immediately another candidature. In the absence of agreement in relation to this candidacy within 14 days from the day of its presentation of the starost, to the position of the district commandant (urban) of the State Fire Service Commandant of the State Fire Service of the State of Fire indicated by the officer of the State Fire Service officer.

3. Komendanta district (municipal) of the State Fire Service refers to the commandant of the State of the State Fire Service after having consulted the starost. Article Recipe 12 (1) 3 shall apply mutatis mutandis.

4. In case of dismissal of the position of the district commandant (city) of the State Fire Service, Commandant of the State Fire Service, until the appointment of the new commandant, entrusts the duties of the district commandant (city) The State Fire Service designated an officer of the State Fire Service, for a period of not more than 2 months.

5. Substitutes of the district commandant (city) of the State Fire Service appoints from among officers of the State Fire Service and refers to the commandant of the State Fire Service, at the request of the district commandant (city) of the State Guard Fire.

6. The tasks of the district commandant (urban) of the State Fire Service shall be:

1) directing the district (city) command of the State Fire Service;

2. organizing rescue and gai-rescue units;

3) organizing in the area of the district of the national rescue and fire-extinguishing system;

4. disposing of and directing forces and means of the national rescue and fire-extinguishing system in the area of the district through its position of routing;

5) directing the organizational units of the State Fire Service from the district area to the rescue and humanitarian operations outside the state border, on the basis of binding Republic of Poland agreements and international agreements;

6) analyse the rescue operations carried out in the district area by the entities of the national rescue and fire system;

7) organizing and conducting rescue operations;

8) co-operation with the municipal fire protection commandant, if the commandant has been hired in the municipality;

8a) co-operation with the Commander-in-Chief of the volunteer fire brigade union;

9) recognizing fire hazards and other local threats;

10) development of rescue plans in the area of the district;

11) overseeing compliance with fire regulations;

12) carrying out rescue tasks;

13. a preliminary determination of the causes and circumstances of the emergence and spread of fire and local threat;

14) organizing training and refreshing of fire;

15) training of volunteer fire brigade members;

16) to initiate projects in the area of physical culture and sport involving the actors of the national rescue and fire-fighting system in the area of the district;

17) introduction of increased operational readiness in the district (municipal) command of the State Fire Service in the situation of increased probability of natural catastrophe or technical failure, the effects of which could endanger life or health of large the number of persons, property in large sizes or the environment in significant areas, and in the event of occurrence and maintenance of increased fire risk.

7. In addition to the tasks of the district commandant (city) of the State Fire Service, the following should be added:

1) co-operation with the management of the district branch of the volunteer fire brigade;

2) carrying out an inspection of the operational readiness of the volunteer fire brigades in the area of the district, in terms of preparation for rescue operations;

3) carry out tasks resulting from other laws.

Art. 13a. [ Commands] 1. The Komendantes carry out their tasks with the assistance of the commands referred to in art. 8 ust. 1 points 1-3.

2. The Organization of the Main Command of the State Fire Service shall determine the statutes given by the President of the Council of Ministers on the request of the Minister responsible for internal affairs by the President of the Council of Ministers.

3. The organizational regulations of the command of the Provincial Fire Service shall be determined by the Commander of the Provincial State Fire Service and approved by the Commandant of the Main State Fire Service, after consulting the voivodship. This Regulation does not form part of the rules of procedure of the provincial office.

4. The organizational regulations of the district command (municipal) of the State Fire Service shall be established by the district commandant and approved by the voivodeship commander of the State Fire Service.

5. The Minister responsible for internal affairs will determine, by means of the regulation, the framework of the organization of the command of the voivodship and district (municipal) state of the State Fire Service, taking into account in particular:

1) the division of the voivodship and district (municipal) commands of the State Fire Service into categories depending on the number of permanent residents respectively in the voivodship and district;

2) the mode of calculation of posts for the voivodship and district (municipal) commands of individual categories;

3) the types of organizational cells and the ranges of their action;

4) positions to drive individual organizational cells.

The Regulation should take into account the adaptation of the organisation of the State Fire Service to the statutory tasks they carry out.

Article 14. [ Consideration of information of the district commandant PSP on the state of security of the district in the field of fire protection protection] 1. The district council (the city) shall consider at least once a year the information of the district commandant (city) of the State Fire Service on the state of security of the district (the city on the rights of the district) in the scope of fire protection. At the request of an Old Town (President of the City), such an appropriate commandant shall be obliged to submit at any time.

2. Council of the district (city) on the basis of the information referred to in the paragraph. 1, may determine, by way of a resolution, the lines of action aimed at the removal of significant risks to the community in the field of fire protection.

3. In the event of a direct threat to the security of the local government, in particular life or health, the mayor (mayor, president of the city) or the starosta may issue the district chief (municipal) of the State Fire Service command take action on the property of the State Fire Service, aiming to remove this hazard.

4. The praise referred to in the mouth. 2, or an instruction issued on the basis of a paragraph. 3 may not apply to the performance of a specific business activity. The resolution or the order may also not specify the manner in which the State Fire Service is to be carried out.

5. The Starosta or wójt (mayor, president of the city) shall bear sole responsibility for the content and effects of the command referred to in the paragraph. 4.

6. The command referred to in paragraph. 4, shall be carried out without delay. The request to be submitted orally shall be confirmed in writing.

7. The district chief (city) of the State Fire Service shall immediately submit the case to the provincial commander of the State Fire Service, if he is unable to execute the command referred to in the paragraph. 4.

8. The command referred to in paragraph. 4, violating the law is invalid. The water is declared void.

Article 15. (repealed)

Article 16. (repealed)

Article 17. [ Primary School Of The Fire Service] 1. The organization and scope of operation of the Main School of the Fire Service in Warsaw as a higher school and the mode of designation and dismissal of the Rector and the designation, selection and dismissal of prorectors shall be governed by the Act of 27 July 2005. -Law on higher education (Dz. U. of 2016 r. items 1842, with late. zm.).

2. The commanders of the other schools of the State Fire Service and their deputies are appointed from among the officers of the State Fire Service and are referring to the General Commander of the State Fire Service.

Art. 17a. [ Authority authorised to create and liquidate training centres] The Commandant of the Provincial Fire Service may create and liquidate the training centres, as well as define their organization and scope of action.

Article 18. [ Law on R&D Units, Act on Organizing and conducting cultural activities and law on museums] 1. Organisation and scope of action Research and development units The State Fire Service and the mode of appointment and dismissal of the Director and of his alternates shall be regulated Law of 25 July 1985. o R&D units (Dz. U. of 2008 items 993 and 2009 items 1323) [ 2] .

2. The organization and scope of operation and the mode of appointment and dismissal of the Director of the Central Museum of Fire Regulators shall be governed by the Act of 25 October 1991. about the organisation and running of cultural activities (Dz. U. of 2017 items 862) and the Act of 21 November 1996. o Museums (Dz. U. of 2017 items 972), with the fact that the Director refers to an indefinite period.

Article 19. [ Delegation] The Minister responsible for internal affairs shall determine, by means of a regulation, the model and the mode of giving the banner to the organizational units of the State Fire Service.

Chapter 2a

Rules of financing of the State Fire Service

Art. 19a. [ PSP financing sources] 1. The costs associated with the functioning of the State Fire Service are covered by the state budget.

2. The costs of the functioning of the State Fire Service in the area of the district shall be covered by the subsidy of the State budget.

Art. 19b. [ The bodies co-financed by the PSP] In covering part of the costs of the functioning of the State Fire Service, they can participate:

1) municipality, district or local government;

2) the organizers of mass events.

Art. 19c. [ Financing of tasks commissioned to the schools of PSP] The performance of tasks commissioned to schools of the State Fire Service by legal or natural persons, going beyond the scope of the statutory tasks, shall be financed by the competent payer on the basis of the concluded contract.

Art. 19d. [ Participation of legal and physical persons in the cost of construction and maintenance of firefighters] Legal or natural persons may participate in the cost of construction of firefighters, their equipment and their maintenance.

Art. 19e. [ State Support Fund for Fire Brigades] The State Support Fund of the State Fire Service, hereinafter referred to as 'the Fund', shall be established, consisting of the funds: the central, voivodship and schools of the State Fire Service.

Art. 19f. [ Fund Property] The Fund is a state special-purpose fund.

Art. 19g. [ Financial resources of the Fund] The financial resources obtained by the State Fire Service from the influence obtained on the principles set out in the art. 19b-19d in accordance with the agreements or agreements concluded and on the principles referred to in Article 4a 11 points 1 and 4 and art. 11d of the Act of 24 August 1991. for fire protection, by:

1) Commandant of the Main State Fire Service-are the revenues of the Central Fund;

2) the voivodship commanders of the State Fire Service or supervised district commanders (municipal) of the State Fire Service-are the revenues of the voivodship funds;

3) commanders of the schools of the State Fire Service-are the income of the state funds of the State School of Fire Service.

Art. 19h. [ Purpose of the Fund's resources] The Fund's resources may be allocated to:

1) covering investment, modernization and refurbishment expenses;

2) covering the cost of living and functioning of the organizational units of the State Fire Service, as well as the purchase of the necessary goods and services for their needs;

3. covering the expenses for the service in the field referred to in art. 35 par. 9;

4) the statutory objectives of the schools of the State Fire Service;

5) to cover the expenses related to the performance of the examination for persons applying for the grant of the right to exercise the profession of expert on fire protection matters referred to in art. 11b par. 2 of the Act of 24 August 1991. fire protection;

6. covering the expenses associated with the organisation and carrying out of the training courses referred to in art. 4a 1 of the Act of 24 August 1991. o fire protection.

Art. 19i. [ Entities with Fund resources] The Fund shall have:

1) Commandant of the State Fire Service-in the scope of the Central Fund;

2) commanders of the voivodship of the State Fire Service-in the scope of the voivodship funds covering the commands of the State Fire Service and supervised district commands (urban) of the State Fire Service;

3) commanders of the schools of the State Fire Service-in the scope of the funds of the State School of Fire Service.

Art. 19j. [ Financial plan and financial statements of the Fund] The Commandant of the State Fire Service shall draw up the total financial plan and the Fund's total financial statements.

Art. 19k. [ Actions made by the authorising officer of the Fund] Changes in the amount of the Fund's revenue and expenditure included in the Fund's financial plan and the transfer of expenditure between the various items of the plan shall be carried out by the authorising officer

Art. 19l. [ Delegations] The Minister for Internal Affairs, in agreement with the Minister responsible for public finance, will determine, by way of regulation, the detailed rules of the financial economy of the Fund, and the procedure and time limits for drawing up its plans and reports. financial, as well as the conditions and mode of devotion by the voivodship commanders of the State Fire Service of the voivodship funds for their supervised district commands (urban) of the State Fire Service, taking into account the provisions of the agreements and the agreements and the rational management of the measures.

Chapter 3

Organisation and operation of rescue operations

Article 20. [ Rescue action] 1. The rescue operation organizes and directs it to the State Fire Service.

1a. (repealed)

2. During the exercise of the activities referred to in art. 1 (1) 2 point 3, the organisational units of the State Fire Service, taking part in the rescue activities, are obliged to observe the indications or instructions of the persons directing these services.

Art. 20a. [ Animal use] 1. The State Fire Department may use animals in rescue actions.

2. The Minister responsible for the internal affairs shall determine, by means of the Regulation, the species and breeds of animals referred to in paragraph 1. 1, as well as the detailed rules for their training and standards of nutrition, taking into account in particular:

1) rescue specialties;

2) qualification of examiners and examination mode;

3) specimens of the documentation of the training and feeding of animals.

Article 21. [ Powers of firefighters taking part in the rescue operation] 1. The firefighters taking part in the rescue operation, to the extent necessary to conduct the action, shall have the right to use:

1) roads, land and reservoirs of state, municipal and private water;

2) communal and private water shots and fire extinguishing agents.

2. In circumstances justified by the higher necessity of the firefighter driving the rescue action shall have the right to order:

1) evacuation of people and property from the territory covered by the rescue operation;

2) the necessary demolition and demolition works;

3) the suspension of communication in land traffic;

4) the provision of vehicles, means and items necessary for the rescue operation;

5) a ban on impartial persons in the area of rescue operations.

3. In addition, in the circumstances referred to in paragraph 1. 2, the head of the action shall have the right:

1) the demands of the necessary assistance from state institutions, economic units, social organizations and citizens;

2) withdrawal from the rules of action considered to be universally safe.

4. The Council of Ministers shall determine, by way of regulation, the detailed mode of exercise of the rights referred to in paragraph. 2 and 3.

Article 22. [ Compensation for a non-firefighter] 1. A non-firefighter who has suffered an accident and the members of the family of a person who died as a result of such an accident, in connection with the fulfilment of the obligations referred to in art. 21 (1) 3 (1), or exercises organised by the State Fire Service, shall be compensated.

2. For the use, destruction, damage or loss without fault of the owner of the means of transport, inventory or other property in connection with the rescue operation or exercises organised by the State Fire Department shall be entitled to compensation.

3. The Minister responsible for internal affairs shall determine, by means of a regulation, the scope, detailed rules and mode of awarding the benefits and the compensation referred to in paragraph. 1 and 2.

Chapter 4

Control and Recognizer Actions

Article 23. [ Inspection-and-reconnation and exercise activities] 1. In order to identify risks, to carry out supervision of compliance with fire regulations and to prepare for rescue operations, the State Fire Service conducts control and reconnation activities and exercises.

2. Control and reconnation operations are carried out on the basis of:

1) the annual plan of control and recognition;

2. Article 269 of the Act of 27 April 2001. -Environmental law (Dz. U. of 2017 items 519, 785 and 898), in terms of establishments with an increased risk of a major industrial accident and a high risk of major industrial accidents;

3) the orders of the starost referred to in art. 35 par. 3 point 5 of the Act of 5 June 1998. o poviatowy council;

4) the order of the court, the prosecutor or the Supreme Chamber of Control;

5) the notification of the facility for which the provisions of the law require the issuing by the authorities of the State Fire Service of the opinion or seizure of the position in the field of fire protection;

6) the notification of the mayor, mayor or president of the city of the determination of the threat of life or health, the danger of creating damage to property in significant sizes or environmental violations, referred to in art. 78 of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. of 2016 r. items 1829, 1948, 1997 and 2255 and from 2017. items 460 and 819);

7) the occurrence of significant new circumstances in the field of security at the site of the district command (city) of the State Fire Service.

3. Control and reconnation operations shall be carried out in the scope of:

1) control of compliance with fire regulations;

2) the assessment of compliance with the requirements of fire protection of the technical solutions applied in the construction site;

3) the assessment of the compliance of the execution of the construction object with the construction project;

(4) the establishment of safety requirements in a plant with an increased risk of a major industrial accident or a plant with a high risk of serious industrial accident, on the basis of the rules laid down for the control of the art. 269 and Art. 269a of the Act of 27 April 2001. -Environmental law;

5) recognition of the possibilities and conditions for conducting rescue operations by fire protection units;

6) recognition of other indigenous threats;

7. the preliminary determination of the irregularities which contributed to the creation of the fire and the circumstances of its spread;

8) gathering the information necessary for the execution of the analysis of a major industrial accident and formulating recommendations to the operator;

9) proceedings with controlled substances, new substances and fluorinated greenhouse gases, within the meaning of the Act of 15 May 2015. of ozone-depleting substances and of certain fluorinated greenhouse gases (Dz. U. Entry 881 and 2016 items 1579 and 1948), used in fire protection, as well as fire protection systems and fire extinguishers containing controlled substances, new substances or fluorinated greenhouse gases, or dependent on them.

4. The right to carry out control and reconnation operations have firefighters authorized by the competent commandant of the State Fire Service.

5. Control and reconnaliding activities may be carried out by other persons authorized by the voivodship of the State Fire Service.

6. The firefighters referred to in the mouth. 4, in the event of a breach:

1) fire regulations or

2) the provisions of art. 250 par. 1, 4, 5, 8, and 9, art. 251 (1) 1, 5-8, art. 252 para. 1, art. 253 para. 1, art. 254 para. 1, art. 255 (1) 1 and 2, art. 256-258, art. 261 par. 1 (1) and (2) and (2) 2-5, art. 261a (1) 1 and 2, art. 262, art. 263 or Art. 264 of the Act of 27 April 2001. -Environmental law, by the operator of a high risk of a major industrial accident or an operator with an increased risk of a major industrial accident

-have the right to impose fines by means of a criminal mandate.

(7) Control and reconnading activities may be carried out after service of the authorised authorisation to carry out those operations at least for 7 days and in the cases referred to in paragraph 1. 2 (5), at least 3 days before the date on which they are to be commenced. The authorisation may be served on a controlled, at the time of accession to the control and recognition activities, if:

1. information on the possibility of being present at the place where they are being carried out at the risk of human life or of the direct danger of fire, or of a major industrial accident, may be present;

2) carrying out the inspection and reconnation operations is necessary in order to make arrangements within the scope set out in the paragraph. 3 points 7 and 8.

8. The authorisation referred to in paragraph 1. 7, it shall contain:

1) the determination of the legal basis for carrying out the control and recognition activities;

2) the designation of the authority carrying out the control and reconnament operations;

(3) the date and place of issue;

4) the name, identification of the service station of the firefighter authorized to carry out the control and identification tasks and the number of his official identity card;

5. the name and identification of the type and number of the identity document of the other person authorized to carry out the control and recognition activities;

6) the designation of the entity covered by the control and recognition activities and the place where they are carried out;

7) information on the scope of this control and recognition operation;

8) indication of the start date and the expected date of completion of the check;

(9) the signature of the person granting the authorisation, stating the position or function of the person concerned;

10) lecture on the rights and obligations of the controlled.

9. At the time of accession to the control and reconnalisation activities authorized to carry out these tasks, hereinafter referred to as the "inspection", they show the controlled: firefighter-official identity card, and another person-identity document.

10. Controlled is required to enable the controlling and inspection activities to be carried out and, in this case:

1) provide the necessary information and explanations on matters falling within the scope of these activities and to give consent to the drawing up of photographic documentation;

2) allow access to the facilities, facilities and other assets, in relation to which the operations are to be carried out;

3. provide an insight into the documentation and kept records falling within the scope of the action;

4) allow the drawing up of copies of the necessary documents;

5) provide conditions for the work, including, as far as possible, a self-contained room and a place to store documents;

6. provide the means of communication and other necessary technical means at its disposal, to the extent necessary to carry out the operations.

11. The controversial shall have the right of entry to all premises and premises, unless they constitute a residential part or their owners or managers are:

1) the cells or organizational units subordinate to, or supervised by, the Minister of National Defence, the Police, the Internal Security Agency, the Intelligence Agency, the Central Anti-Corruption Bureau or the Border Guard;

2. foreign diplomatic missions, consular posts or other international institutions benefiting from diplomatic or consular immunities.

12. The control shall be subject to the applicable safety and security regulations in the premises and premises, the protection of classified information and the protection of fire protection. The inspection shall not be subject to the search provided for in the Regulation on the protection of premises and controlled premises.

(13) From the arrangements made in the course of the inspection and inspection activities, the auditor shall draw up a protocol which shall sign the inspection and the controlled person or the person empowered by him.

14. A controlled or authorized person shall have the right to raise objections to the Protocol before signing it.

15. In the event of a refusal to sign the protocol by the controlled or the person referred to in paragraph. 14, the auditor shall make this mention in the minutes.

16. The controller shall serve the original of the protocol without undue delay to the local district commander of the State Fire Service without undue delay. A copy of the control protocol of the inspection service or of the person empowered by the controlled person.

17. The Minister responsible for internal affairs shall determine, by means of a regulation:

1) the manner of planning and the conditions for carrying out the control and reconnalial operation;

2) the manner of drawing up and the scope of the protocols from the control and recognition functions;

3) the conditions to be met by firefighters and other persons who may be authorized to carry out control and recognition operations;

4) the scope of the property of the commanders of the State Fire Service regarding the authorisation of firefighters to carry out the control and reconnalisation operations;

5. the method of collecting and transmitting the results of the control and reconnament operations and the designs of the results of the controls.

The Regulation should allow for proper implementation of the control and identification tasks and their documentation.

Art. 23a. [ Application of the provisions on freedom of economic activity] The provisions of Chapter 5 of the Act of 2 July 2004 shall apply to the control of economic activities of the trader. about the freedom of economic activity.

Article 24. (repealed)

Article 25. (repealed)

Article 26. [ Powers of the district Commandant PSP in case of a violation of fire regulations] 1. The district chief (city) of the State Fire Service, in the event of a finding of violation of fire regulations, shall be entitled by administrative decision to:

1) to order the removal of the identified deficiencies within a set time limit;

2. withholding works (works), prohibiting the use of machinery, equipment or means of transport and the operation of premises, premises or parts thereof, if any deficiencies are identified may cause a threat to human life or imminent danger fire.

2. Decisions in the cases referred to in paragraph. 1 point 2 shall be immediately executed.

Article 27. [ Appeals body of the district court decision PSP] An appeal body from the decisions referred to in Article 26, is the commandant of the State of the State Fire Service.

Chapter 5

Service in the State Fire Service

Article 28. [ Requirements for Service Candidate in PSP] 1. The Service of the State Fire Service can be performed by a Polish citizen, unpunished for a crime or a treasury offence, enjoying full public rights, having at least an average education and the physical and mental capacity to perform this service.

2. The Nabór to the Service of the State Fire Service is open and competitive.

3. The call to the service of the State Fire Service shall start with the moment of publication of the notice of planned proceedings of qualification.

4. Adoption of a candidate to serve in the State Fire Service precedes the qualification proceedings, which he manages and leads the head of the organizational unit of the State Fire Service. The purpose of the qualification procedure is to determine whether the applicant fulfils the conditions for admission to the service of the State Fire Service, and to determine his qualifications, competence, predisposition and suitability for the service of the service.

5. The qualifying proceedings shall consist of the following stages:

1) evaluation of complex documents related to the qualification proceedings;

2) test of physical fitness;

3) interview;

4) establishing the physical and mental capacity to serve in the State Fire Service.

6. The candidate candidate for admission to the service of the State Fire Service is obliged to provide before the commencement of the physical fitness test medical certificate of lack of medical contraindications.

7. In the case where the recruitment for duty in the State Fire Service is conducted for a position requiring special predisposition and skills, the head of the organisational unit of the State Fire Service may order the implementation of the following additional stages of the qualification procedure:

1) a knowledge test;

2) competency test;

3) heel test (acrophobia);

4) a check on swimming.

8. The conduct of the additional stages of the qualifying proceedings referred to in paragraph. 7, the head of the organizational unit of the State Fire Service may order after the evaluation of complex documents related to the qualification proceedings, and before the determination of physical and mental capacity to serve in the State Guard Fire.

9. From participation in the test of knowledge shall be excluded a candidate for service in the State Fire Service, which during the test:

1) benefit from the assistance of other persons;

2) use devices to transmit or receive information or use ancillary materials which have not been authorised by the commission for use;

3) grossly interfere with the conduct of the test in a manner other than those referred to in points 1 and 2.

(10) The eligibility of the candidate shall end when the candidate has obtained a negative result from any of the stages of the qualification proceedings or of the non-accession by the candidate of any of the stages of the procedure qualification, as listed in the notice of the procedure for qualifying proceedings.

11. After the end of the stage referred to in paragraph. 5 point 4, the commission shall submit to the Head of the State Department of the State Fire Service a list of candidates for admission to the Service of the State Fire Service.

12. The qualification proceedings end with the approval by the head of the organizational unit of the State Fire Service list of candidates for admission to the service of the State Fire Service.

13. Information about the outcome of the completed qualification proceedings The head of the organisational unit of the State Fire Service shall be posted immediately on the website and in the Public Information Bulletin of the State organisational unit Fire brigades and an announcement board at its headquarters.

14. The Minister responsible for internal affairs shall determine, by means of a regulation:

1) the scope of information about the planned procedure of the qualification and the way in which they are made public,

2) the organization and the way of carrying out the qualification proceedings,

3) documents required from the candidate for service,

4) the scope of the physical fitness test,

(5) how the evaluation of candidates and the preference for their education, training or skills have been carried out

-taking into account the need to objectively check the preparation and suitability of a candidate for service.

Article 28a. [ Place of duty] 1. The firefighter is serving in the organizational unit of the State Fire Service.

2. Due to the need of fire protection fire firefighter may be, with his consent, appointed by the Commandant of the Main State Fire Service to perform specific tasks outside the organizational units of the State Fire Service.

3. The Minister responsible for internal affairs will determine, by way of regulation, detailed rules and mode of designating firefighters to perform tasks outside the organizational units of the State Fire Service and their powers and duties.

Article 29. [ Medical commissions] 1. Assessment of physical and mental abilities to the service of the State Fire Service shall be carried out by medical committees subordinate to the Minister competent for internal affairs.

2. (repealed)

Article 29a. [ Ensuring fire safety and hygiene services] 1. The head of the organizational unit of the State Fire Service is obliged to provide the fire safety and hygiene services to the security and safety.

2. The Minister responsible for internal affairs shall determine, by way of regulation, detailed conditions for the safety and hygiene of the fire service, taking into account the requirements:

1) the safety and hygiene of the service in facilities dedicated to the rescue and fire extinguishing units of the State Fire Service;

2) in terms of the equipment of firefighters in personal protective equipment;

3) in the scope of protection of medical firefighters during rescue, exercise and training;

4) the safety and hygiene of the service during the rescue, exercises and training.

In addition, the Regulation should take into account the optimal safety and hygiene conditions of the service in relation to the tasks carried out by firefighters.

3. In matters relating to the health and hygiene of the service, in the area of unregulated law and regulation referred to in the paragraph. 2, the provisions of Chapter 10 of the Law of 26 June 1974 shall apply accordingly. -Labour Code (Dz. U. of 2016 r. items 1666, 2138 and 2255 and of 2017 items 60 and 962).

4. The requirements referred to in the Regulation issued on the basis of the paragraph. 2, shall apply appropriate to other persons taking part in rescue, exercise or training activities.

Article 30. [ Wedding] 1. Taking service in the State Fire Service, the firefighter shall make a vow according to the following rota:

" I, a citizen of the Republic of Poland, bear witness to the duties of a firefighter, solemnly vow to be sacrificial and courageous in saving the endangered human life and all property-even with the exposure of life. In carrying out the tasks entrusted to me, I vow to observe the law, the discipline of the service, and to follow the instructions of the superi I vow to guard the secrets of the service, as well as honor, dignity and good name of the service, and to observe the principles of professional ethics. "

2. The Minister responsible for internal affairs shall determine, by way of regulation, the ceremony of taking a vow, taking into account in particular:

1) persons entitled to receive the vow and participate in the oath;

2) the terms of the receipt of the oath

3) the course of the wedding ceremony.

Article 30a. [ Guardian Day] The day of May 4 is the Day of the Fireman.

Article 31. [ Formation of a business relationship] The business relationship of the firefighter shall be made from the day of appointment for the post office, and in the case of posts for which the provisions of the Act provide for the appointment-from the day of appointment to the post.

Art. 31a. [ Reference] 1. A striker serving on a service post held on the basis of appointment may be at any time, immediately or within a specified period, revoked from that position by the authority entitled to appointment.

2. The appeal of the firefighter from the service position referred to in the paragraph. 1, does not cause dissolution of the business relationship.

3. In the case referred to in paragraph. 2, the fireman retains the recently held office position, for which the bill does not provide for appointment. It may, however, be transferred to another, at least equivalent position, in the same or another organisational unit of the State Fire Service.

4. A firefighter from a position of office may be placed at the disposal of the competent supervisor if the appointment (transfer) of the cancelled firefighter to another service post or exemption from the service is envisaged. The duration of the remaining firefighter may not be longer than 6 months.

5. During the period of stay at the disposal of the firefighter retains the right to the emoluments and other cash benefits of the most recently occupied business position, taking into account the changes resulting from the entitlement to the emoluments during that period and other monetary claims or on their amount.

6. During the period of stay at the disposal of the firefighter is obliged to perform the duties of the service at the command of the superiors at which the dispatch remains.

Article 32. [ Powers of guardians of firefighters] 1. The appointment of a firefighter for a position of office, transfer to another, entrusting the duties of duty on another position, suspending in business or release from service, subject to art. 47 para. 1, the competent rulers are:

1) in the Main Command, Main Command;

2) in the command of the state-commandant of the voivodship;

3) in the district command (city)-district commandant (city);

4) (repealed)

5) at the School of the Main Service of the Service and other schools-the school's chief;

6) w research and development unit -Head of Unit;

7) (repealed)

8) at the Central Museum of Fire-Director of the Museum.

2. From the decisions referred to in paragraph. 1, the watchman is used to refer to a higher supervisor.

3. From the decision of the Commandant of the Chief State Fire Service, the watchdog serves a reference to the minister competent for internal affairs.

Article 33. [ Content of the instrument of appointment] The act of appointment of a firefighter to a service position should, in particular, specify:

1. position and place of service;

2. commencence of service;

3) type of appointment;

(4) the salary or the rules for fixing it.

Article 34. [ Preparatory service] 1. A person undertaking a service in the State Fire Service shall be appointed a firefighter in the preparatory service for a period of 3 years.

2. In particularly justified cases, the Chief of the State Fire Service, at the request of the voivodeship commandant, the school's chief, the director Research and development units or the director of the Central Museum of Fire, may shorten the period of the firefighter's preparatory service.

3. In the event of a break in the performance of the firefighter's duties lasting for more than 3 months, the supervisor may extend the period of the preparatory service.

4. The appointment of a firefighter may take place after the primary military service is held or after transfer to the reserve without the service of the service or after release from the duty of military service.

5. The condition specified in the mouth. 4 does not apply to women.

6. After the preparation of the preparatory service, the firefighter shall be appointed permanently.

Article 35. [ Time distribution of the firefighter's service] 1. The time of the firefighter's service shall not exceed an average of 40 hours per week in the adopted accounting period, not exceeding 6 months.

2. The weekly time dimension of the firefighter's service, directed at the school, for training or for studies, is a specific curriculum.

3. Changes are made and the daily schedule of the firefighter's service.

4. The posts on which firefighters serve as part of the timetables of the firefighter's service referred to in paragraph 1. 3, in the organizational units of the State Fire Service are determined by the managers of these units.

5. The breakdown of the time distribution of the firefighter's service shall consist in the performance of duty and duty duties, lasting no more than 24 hours, followed by at least 24 hours of duty free.

6. The daily schedule of the firefighter's service is to perform the work tasks after 8 hours a day from Monday to Friday.

6a. The Guardian may be, by a competent supervisor, appointed for the performance of a work task outside the timetables of the firefighter's service referred to in paragraph. 3, in the cases referred to in paragraph. 9 and 10.

7. In the course of daily time distribution the firefighter may be appointed to perform, at any time, on-call time of no more than 24 hours, followed by at least 24 hours of duty free.

8. Within the time of the free firefighter, you can designate for duty on duty.

9. The time of the firefighter's service may be extended up to 48 hours a week, during the settlement period referred to in the paragraph. 1, if justified by the needs of the service. In such a case, the watchdog shall be granted a duty free time in the same dimension or in cash compensation.

10. In the event of the introduction of increased operational readiness in the State Fire Service, the time of the firefighter's service may be extended beyond the norm referred to in paragraph. 9. In such a case, in exchange for the duration of the service, the guard shall be entitled to a duty free time in the same dimension, in the agreed settlement period.

10a. The free time referred to in paragraph. 9 and 10, may be granted in the following financial period after the period during which the firefighter has served more than the norm referred to in paragraph. 1.

11. The Minister responsible for internal affairs shall determine, by means of a regulation, the way of carrying out the service in shiftwork and the daily distribution of the time of service, including:

1. the duration of on-call time and the performance of work tasks in shiftwork of the service time;

2) the start and end times of the service;

3) the circumstances justifying the extension of the service time;

4) acceptable driving time for the motor vehicle;

5) the provision of free time from service;

6) the property of the superiors to define the service schedule;

7) the way of duty of household duty and their dimension;

8) a group of firefighters who have been exempted from duty at night, Sunday, holidays;

9) how to keep records of the time of service.

In addition, the Regulation should take into account the continuity of service in the State Fire Service.

12. Time of service and the distribution of the time of duty of the fireman serving as an academic teacher, to the extent resulting from the performance of teaching and scientific duties, specified in the plans of study and curricula, regulate the regulations the Act of 12 September 1990. of higher education (Dz. U. Entry 385, with late. zm.) [ 3] .

Article 36. [ Requirements placed on candidates for the service of the PSP] 1. The appointment or appointment of a firefighter for a particular position in the State Fire Service shall be dependent on the education, qualifications and seniority of the service or work.

2. The service stations are divided into officers, aspirants, subofficers, and serial.

3. An officer's position shall be appointed or a firefighter shall be appointed, who shall:

1) holds the title of a professional fire engineer, or

2) holds the professional title of the engineer and the qualifications required to pursue the profession of firefighter and he has completed professional training preparing to occupy officers ' positions in the State Fire Service and vocational training preparing for occupying positions relating to the direction of rescue operations, or

3) holds the professional title of the security engineering engineer in the specialty of fire safety engineering obtained at the School of the Main Fire Service and the qualifications required to pursue the profession of firefighter and completed training professional preparation of the activities related to the management of rescue operations, or

4) has a higher education and qualifications required to occupy aspirante positions and he has completed professional training preparing to occupy officers ' positions in the State Fire Service and vocational training preparing for occupying positions relating to the direction of rescue operations, or

5) has a higher education and qualifications required to occupy aspirant positions and has completed professional training preparing to occupy officers ' positions in the State Fire Service, or

6) has a higher education and qualifications required to pursue the profession of firefighter and he has completed professional training preparing to occupy officers ' positions in the State Fire Service.

4. A firefighter who meets the requirements referred to in the paragraph shall be appointed for the post of officers in connection with the direction of rescue operations. 3 points 1 to 4.

5. The aspirant position shall be appointed, or a firefighter who has obtained the title of a fire technician after graduation in the schools of the State Fire Service, or who has obtained recognition of qualifications for the pursuit of the profession of regulated fire techniques.

6. At the post-officer and serial positions the firefighter who has the qualifications required to pursue the profession of firefighter is appointed.

7. The person who is admitted to the service shall be appointed for the first position in a group of series posts if it meets the requirements for education before certain qualifications and seniority of the service are obtained.

(8) In duly justified cases, the Minister responsible for internal affairs may give his consent to a derogation from the requirements referred to in paragraph 1. 3, 5 and 6, for the time specified necessary to complete the qualification, but not longer than 4 years.

9. The professional past preparing to occupy officers ' positions in the State Fire Service may be held by a firefighter who possesses the qualifications required to pursue the profession of firefighter or qualifications required to occupy positions Aspirants in the State Fire Service.

10. The professional traits preparing to occupy the positions associated with the direction of rescue operations may be carried out by a firefighter, who has:

1) the professional title of the engineer and completed professional training preparing to occupy officers ' positions in the State Fire Service, or

2) the professional title of the security engineering engineer in the specialty of fire safety engineering obtained at the School of the Main Fire Service and the qualifications required to pursue the profession of fire firefighter, or

3) qualification to occupy aspirants 'positions in the State Fire Service and completed professional training preparing to occupy officers' positions in the State Fire Service.

11. The professional traits preparing to occupy officers ' positions in the State Fire Service and vocational training preparing to occupy the positions related to the direction of rescue operations is carried out by the School of Main Service A fire in the form of postgraduate studies.

12. Commandant of the State Fire Service in agreement with the Rector-Komendantem of the Main School of the Fire Service sets the limits for admission to professional training referred to in the paragraph. 11.

13. The Minister responsible for internal affairs will determine, by means of regulations, official positions in the organisational units of the State Fire Service, the maximum grades assigned to the individual posts and additional qualification requirements, which they should be responsible for the firefighters in certain business positions, including:

1) type of service officers, aspirants, subofficers, and serial officers,

2) service or work order required to occupy individual service posts,

(3) education required to occupy certain service posts

-taking into account the nature of the tasks carried out by the firefighters in the individual service positions, the qualifications required in these posts and the need to ensure the necessary level of professional experience.

(14) The Minister responsible for the internal affairs shall determine, by means of a regulation, the mode of directing the professional training referred to in paragraph 1. 11, taking into account the needs and organization of the service in the State Fire Service.

Article 36a. [ Periodic opinion] 1. Firefighters are subject to periodic opinion of the service, which is aimed at:

1) lay the foundations for the establishment of an individual programme of professional development;

2. to motivate the duties and duties of the firefighters to perform their duties and tasks as listed in the duties assigned to them in the relevant position;

3) determination of suitability for service, assessment of the fulfilment of official duties and suitability for the position occupied;

4) the appointment of candidates for appointment and appointment to higher office posts and for promotion to higher business grades.

2. In the case of firefighters-teachers and academic teachers, the official opinion shall also concern the fulfilment of the obligations laid down in the the law of 12 September 1990. o Higher education and the Act of 7 September 1991. o system of education (Dz. U. of 2016 r. items 1943, 1954, 1985 and 2169 and from 2017. items 60 and 949).

3. Business opinions issue:

1) the Minister for Internal Affairs-on the Head of the State Fire Service;

2) Commandant of the State Fire Service-about his deputies, commanders of the Provincial Fire Service, commandant of the Main School of the Fire Service, commanders of the other schools of the State Fire Service, Central Director Museum of Fire Department and Director of the Scientific and Research Centre of the Fire Protection;

3) Commandant of the State Fire Service-the Deputy Commandant of the Provincial State Fire Service and the district commanders of the State Fire Service;

4) Commandant of the State School of Fire Service, Director of the Central Museum of Fire Department, Director of the Scientific and Research Centre of the Fire Protection-respectively: o Deputy Commandant of the State School of Fire Brigade, Deputy Central Director Museum of Fire, Deputy Director of the Scientific and Research Centre for Fire Protection;

5) district commandant (city) of the State Fire Service-deputy commander of the district (city) of the State Fire Service;

6) of the firefighters not listed in points 1-5-the superior officer entitled to appoint (appointment) a firefighter to the given office post.

4. The opinion of the official or the manager of the firefighter who is entitled to review the opinion shall, within 14 days from the date on which it is drawn up, be read.

5. The Guardian, who does not agree with the content of the opinion, may bring, through the issuing opinion, an appeal to a higher supervisor within 14 days from the day of familiarizing with her.

6. If the opinion has been issued by the Minister competent for internal affairs or the Commandant of the State Fire Service, the appeal shall not be entitled. However, the firefighter may apply to the authority which issued the opinion with the request for amendment.

7. The Rector competent for the examination of the appeal may give an opinion to the following:

1) maintain in force;

2) repeal in its entirety and release a new one;

3. to repeal in its entirety and to recommend the issue of a new opinion taking into account the circumstances indicated.

8. The opinion delivered as a result of the appeal is final. The final opinion is included in the firefighter's personal record.

9. Commandant of the State Fire Service may amend or repeal the opinion issued by the superiors referred to in the paragraph. 3 points 2 to 6, in the case of:

1) the disclosure of new relevant circumstances, which were not known in the course of the opinion;

2) stating that the opinion has been issued in violation of the provisions of opinion.

10. In the cases referred to in paragraph. 9, the change of opinion to the disadvantage of the firefighter may take place within 30 days from the day on which the opinion became final.

11. The change of opinion in favor of the firefighter can take place at any time.

12. The Minister responsible for internal affairs will determine, by means of the regulation, the detailed conditions and the mode of opinion of the firefighter, and in particular:

1) the frequency of issuing opinions;

2) the criteria to be taken into account in the opinion;

3) the means of familiarizing with them the firefighters and the mode of bringing and considering appeals from the opinion of the service;

4) models of sheets of business opinions.

Furthermore, the regulation should take into account the protection of firefighters ' interests and the efficiency of the proceedings

Article 37. [ Documents stating the full service of the PSP] 1. The Guardian receives personal documents stating the service of the Service of the State Fire Service.

2. The Minister responsible for internal affairs shall determine, by means of the Regulation, the types and designs of the personal documents, the authorities competent to issue them and the detailed rules for making entries in those documents.

Article 37a. [ Entruning to the guardianship of duty on another position in the same organisational unit, PSP] A firefighter may be entrusted with duties in accordance with his/her qualifications in a different position within the same organisational unit of the State Fire Service for up to 6 months in a calendar year. During that period, the watchman shall have a salary according to his position, but not lower than the previous one.

Article 37b. [ Secondment of a firefighter for temporary duty in another PSP.] 1. The Guardian may be seconded to temporary duty in another organizational unit of the State Fire Service in the same or in another place of the office or at its own request.

2. The time of the delegation shall not exceed 6 months within 2 years, unless the firefighter agrees to the longer delegation. The Chief of the State Fire Service may, in exceptional cases, extend the delegation time to 12 months.

Article 37c. [ Transfer to serve in another locality upon request, ex officio or with the consent of the firefighter] 1. The firefighter may be transferred to serve in another place at his or her own request or with his consent.

2. The Guardian may be transferred from office to serve in another organizational unit in the same locality.

3. The firefighter may be transferred from office to the organizational unit in another village, in the event of:

1. holding a dwelling in a locality which is the seat of the business unit in which it is to serve, or in a nearby village;

2) a lack of opportunity to transfer to a lower business position in the cases referred to in art. 38 par. 1 and 2;

(3) a service in the same organisational unit by spouses or persons with or in relation to a second degree, inclusive or affinity for the first degree, if there is a relationship of subordination between those persons. work.

Art 37d. [ The authorities competent to delegate or transfer the firefighter to the other organisational unit PSP] 1. The delegation or transfer to another organizational unit of the State Fire Service is appropriate:

1) Chief Commander-in the area of the country;

2) Commander of the voivodship-in the voivodship area.

2. Rules of Art. 32 par. 2 and 3 shall apply mutatis mutandis.

Article 38. [ Move firefighter to lower business position] 1. The Guardian moves to a lower business position in the event of:

1) to appoint a disciplinary penalty for the appointment of a lower official position;

2) the loss of the authority required to perform the task in the position occupied.

2. The Guardian can be transferred to a lower business position in the cases:

(1) a decision of the total inability to serve as a medical commission in its position where it is not possible to transfer it to a position equivalent to that of a committee;

2. unsuitability for the position taken, as stated in the opinion of the official opinion;

3. failure to fulfil his duties in the position of his/her office;

4) the liquidation of the position occupied, if there is no possibility of transferring the firefighter to an equivalent position.

3. The Guardian can be transferred to a lower business position also at his request.

4. The Guardian, who did not consent to the transfer to a lower position for the reasons set out in the mouth. 2, may be released from the service.

Article 39. [ Suspension of firefighters in business activities] 1. The firefighter shall be suspended in a business activity, for a period of not more than 3 months, in the event of criminal proceedings being opened against him in the case of a deliberate offence prosecuted from public prosecutions or a treasury offence intentionally.

2. A firefighter may be suspended for a service, for a period of not more than 3 months, in the event of criminal proceedings being opened against him in the case of a non-intentional offense prosecuted either from a public prosecutor or a treasury offence, whether or not he/she is intentionally or disciplinary action, where appropriate for the good of the proceedings or the good of the service.

3. In particularly justified cases, the period of suspension in official activities may be extended until a final judgment of the court has been obtained, unless the suspension occurred due to the initiation of disciplinary proceedings.

4. The lodging of an appeal against suspension in business activities or its extension shall not withhold the execution of the decision to suspend or extend the period of suspension.

Article 40. (repealed)

Article 41. [ Consequences of the choice of firefighter to the organs of the volunteer fire department] 1. The firefighter chosen to the organs of the volunteer fire department does not lose the powers of the firefighter.

2. A firefighter who, before being elected to the organs of the volunteer fire brigade, served in the State Fire Service, retains the right to return to the service after the end of the term of office.

Article 42. [ Periodic medical examinations] 1. Guardianship is subject to periodic preventive medical examinations.

1a. Head of the organisational unit of the State Fire Service does not allow the service of a firefighter who does not have a current medical certificate from the studies referred to in paragraph. 1.

2. The Guardian may be addressed to the medical commission subordinate to the minister competent for internal affairs:

1) ex officio or at his request-in order to determine the state of health and to establish physical and mental fitness for service as well as the association of particular diseases with the service;

2) ex officio-in order to verify the correctness of the adjudication of temporary incapacity for service due to illness or the correctness of the use of the medical exemption.

2a. The firefighter is subject to periodic assessment of physical fitness.

2b. The Guardian is obliged to undergo tests commissioned by a medical commission, including specialist, psychological and additional research.

2c. In the case where the examinations and the documentation collected do not allow the decision to be issued, the firefighter may be directed to observation in the medicinal product, if he/she expresses his consent.

3. The Minister responsible for internal affairs with a view to ensuring the protection of the health of the firefighter in such a way as to permit the proper performance of his duties, shall determine, by means of a regulation, the scope, mode and frequency of carrying out periodic prophylactic medical examinations and periodic evaluation of physical fitness, including:

1) types of prophylactic medical examinations;

2) the differentiation of the frequency of preventive medical examinations and the assessment of physical fitness depending on the age and sex of the firefighter and the conditions of the service;

3) the way of carrying out the performance test and the physical fitness test;

4) how to record the results of the assessment of physical fitness;

5) the model of the individual assessment card of physical fitness.

Article 43. [ Exempt from service] 1. The exemption from the service shall be effected by way of termination of the business relationship, in the mode and on the principles specified in the Act.

2. The firefighter shall be released from the service in cases of:

1) a decision by a medical commission of total incapacity for service;

2. non-suitability for service, as stated in the official opinion during the period of the preparatory service;

3) to impose a disciplinary penalty of the expulsion of the service;

4) convict the final judgment of the court for a deliberate offence, prosecuted from public prosecutions or a deliberate treasury offence;

5) the notification by him of a written request for exemption-within a period of up to 3 months;

6) loss of Polish citizenship.

3. A firefighter can be released from service in cases:

1) (repealed)

2) convict the final judgment of the court for a crime other than those referred to in the mouth. 2 point 4;

3) the acquisition of the right to the retirement provision for the attainment of 30 years of the retirement service;

4) the liquidation of the unit or its reorganisation combined with the reduction of the staged cast, if the transfer of the firefighter with his consent to another unit or to another position is not possible;

(4a) the non-fulfilment of official duties during the period of service of the permanent service, as noted in two consecutive official opinions, between which at least six months have elapsed;

5) from the other than those specified in points 2 to 4a of valid reasons, if the continued stay in the service does not guarantee the proper performance of the official duties;

6) the passage of 12 months from the date of cessation of service due to illness;

7) twice the unjustifiable failure to do the research referred to in art. 42 par. 2b, or failure to submit to them, or in the case of twice the unjustifiable failure to observe in the medical establishment, in the case of consent by the firefighter, unless the referral to the medical committee took place at the request of the firefighter.

4. In the cases referred to in paragraph. 3 point 4 shall be released after 6 months and, in respect of the preparatory service, after 3 months, from the day of the announcement of the decision to liquidate or reorganise the State Department of the State Fire Service.

5. Release the firefighter from the service on the basis of the mouth. 3 point 5 may take place after consultation of the relevant trade union organisation representing the firefighter concerned.

Art. 43a. [ Termination of business relationship] The duty ratio of the firefighter shall expire on the day of his death or the recognition of him as deceased.

Article 44. [ The consequences of the repeal of the final judgment of the conviction or final decision on the conditional remission of criminal proceedings] 1. In the event of the annulment of the final judgment of the conviction or final decision on the conditional remission of criminal proceedings and the issue in the new proceedings of the final judgment of the acquittal or final decision on the dismissal of proceedings preparatory on the basis of Article 17 § 1 item 1 or 2 of the Code of Criminal Procedure, the repeal shall be subject to all the effects which have resulted in the firefighter in the disciplinary proceedings carried out in connection with the commission of the offence constituting the subject of the settlement.

2. Where, in the case referred to in paragraph. 1, the basis of the decision of the disciplinary penalty constituted conditions other than the prosecution for the commission of a criminal offence, of the repeal of the effects which resulted from the firefighter as a result of disciplinary proceedings, shall be decided by the Minister responsible for the internal affairs.

3. The provisions of the paragraph. 1 and 2 shall apply mutatis mutandis to proceedings in cases of misconduct.

4. In the event of the abolition of the disciplinary penalty of the appointment to a lower business position, the reduction of the degree or the penalty of expulsion from the service, the consequences are affected as to the firefighter in connection with the appointment for a lower position or a reduction in the degree. The Minister responsible for internal affairs shall decide on the evasion of the remaining effects.

Article 45. [ Prohibitions for firing a firefighter from duty] 1. Exemption of a firefighter from the service on the basis of art. 38 par. 4 or Art. 43 par. 2 points 1 and paragraph 2 3 (3) and (4a) shall not take place no later than 12 months after the date of cessation of the service due to the disease, unless the firefighter has requested a written request for early release.

2. Exemption of a firefighter from the service on the basis of art. 43 par. 2 points 3 and 4 and paragraph 4 3 (2) may not take place within three months of the date of the cessation of the service due to the disease, unless the firefighter has requested a written request for advance release.

Article 46. [ Protection of firefighters from duty exemption] A firefighter may not be released from the service during pregnancy, during maternity leave, on maternity leave, paternity leave, parental leave or parental leave, except in the cases referred to in Article 4 (1). 43 par. 2 points 3 and 4 and paragraph 4 3 points 2, 4 and 5.

Article 47. [ Competence of the Commander of the Chief PSP for the release of the service] 1. Commandant of the National Fire Service shall relieve the service of:

1) officers;

2) other firefighters-in the cases referred to in art. 43 par. 3 point 5.

2. Leaving in the service of the firefighter in the case referred to in art. 43 par. 3 point 2, requires the consent of the Commandant of the Main State Fire Service.

Article 48. [ Certificate of service and opinion of the service] 1. A certificate of release from the service shall be received without delay by a certificate of service and, at his request, an opinion of the service.

2. The Guardian may request the rectification of the certificate of service and appeal to the superior superior to the opinion of the service within 7 days from the date of receipt of the opinion.

3. The Minister responsible for internal affairs shall determine, by means of the Regulation, the content of the certificate of service, the opinion of the service and the manner and mode of their issuing and straightening, taking into account in particular:

1) superiors entitled to issue certificates of service and opinion of the service;

2) the necessary data, which should be included in the certificate of service and opinion of the service;

3. the mode of issuing and rectification of the certificate of service and of the cancellation of the service opinion;

4) superiors entitled to make rectification in the certificate of service and to recognize appeals from the service opinion.

Article 49. [ Obligation to reimburses the costs of nutrition and of the umunduing] 1. A firefighter discharged from the service on the basis of art. 43 par. 2 points 3-5 or mouth. 3 point 2 before the end of 5 years after graduation from the candidate service at the School of the Main Fire Service, the Central School of the State Fire Service or the School of Fire Service aspirants is obliged to return the amount constituting the equivalent of the cost of nutrition and of the umunduation costs received during the course of the study.

2. The Minister responsible for internal affairs shall determine, by means of a regulation, the costs referred to in paragraph 1. 1, the conditions for returning them and the cases of exemption from the obligation to reimbursing those costs, taking into account in particular:

(1) the amount of the reimbursable costs and the manner in which they are fixed;

2) the authorities entitled to set these costs and to enforce them;

(3) the procedures for enforcement;

4) the authorities entitled to relieve them from the obligation to reimbursing those costs;

(5) the mode of exemption from the obligation to reimbursing those costs.

Article 49a. [ Delegation] The Commandant of the State Fire Service will determine, by means of ordinances, the way the superiors referred to in art. 32 par. 1, documentation on matters related to the business relationship of firefighters and the manner of carrying out personal files, as well as the types and patterns of documents.

Chapter 5a

Performance of tasks outside the State

Article 49b. [ Delegation for duty outside the State border] 1. The firefighter may be delegated, with his written consent, to perform service outside the border of the state in the rescue group formed to participate in:

1) rescue, search and rescue operations, or humanitarian action;

2) training and rescue exercises.

2. The Guardian, with his consent, may be appointed by the Commandant of the Main State Fire Service to perform other specific tasks outside the State border.

Art. 49c. [ The creation and liquidation of the rescue group] 1. The creation and liquidation of the rescue group shall decide:

1) the minister competent for internal affairs-in the cases referred to in art. 49b (b) 1 point 1;

2) Commandant of the State Fire Service Main-in the cases referred to in art. 49b (b) 1 point 2.

2. In the decisions referred to in paragraph 1. 1, shall specify in particular:

1) the name and number of the rescue group and the time of the group's stay outside the state border;

2. the purpose of targeting the rescue group, the scope of its tasks and the area of operation;

3. the rescue and command system of the rescue group and the competent authority: the host country of the rescue group or the international organisation to which it will be subject to the task of carrying out the tasks;

4. the entities designated to cooperate with the competent authorities of the host State of the receiving group or of the international organisation coordinating the transfer of assistance;

5) the equipment of the rescue group in the rescue dogs and special equipment and equipment, as well as additional decomp and special equipment of the members of the rescue group, water and additional food;

6) the route and time of the movement of the rescue group in the case of transit.

3. In the event of the need to extend or shorten the time of the stay of the rescue group outside the State border, the provisions of the paragraph. 1 and 2 shall apply mutatis mutandis.

4. The provision of the paragraph. 1 shall not apply in the case of other regulations contained in the binding of the Republic of Poland international agreements and agreements concluded in their execution.

Art. 49d. [ The provisions to which firefighters are subject to the rescue group in the territory of a foreign country] 1. Firefighters forming part of the rescue group shall be subject to the criminal, disciplinary and ordinal provisions in force in the Republic of Poland in the territory of the State.

2. The firefighters referred to in the mouth. 1, shall be bound by the law of the host country and the binding of the Republic of Poland of international law.

Art. 49e. [ Allowances to be provided to a firefighter to serve in a rescue group outside the State's border] 1. A firefighter seconded to the service of a rescue group outside the border of the State shall receive basic salary, salary allowances and other pecuniary entitlements held at the last official post, taking into account the resulting during that period of change affecting the right to emoluments and other charges or on their amount.

2. The scar referred to in the mouth. In addition, they shall:

1) travel and travel benefits and other cash receivables associated with the posting, specified in the provisions on business travel abroad, paid in Polish or foreign currency;

2) additional umunification and special equipment;

3) water and additional food in the amount resulting from the increased energy expenditure associated with the long-term nature of rescue operations conducted under the onerous conditions;

4) additional insurance against the consequences of accidents, medical treatment and death and civil liability for damage arising during the rescue operations abroad;

5) the provision of health care referred to in art. 42 par. 2 of the Act of 27 August 2004. on health care services financed from public funds (Dz. U. of 2016 r. items 1793, as of late. zm.);

6) supplies in medications [ 4] sanitation and sanitary articles;

7) laboratory and medical examinations and preventive vaccination.

3. Laboratory and medical examinations and preventive vaccination as referred to in paragraph. The following shall be carried out each year by 31 March or before departure from the country in the area of operation of the rescue group and immediately after return to the country where such tests and vaccinations are justified by the place of service and the nature of the nature of the activity. tasks performed.

4. In the event of the death of a firefighter, associated with the performance of his official duties in the rescue group, he shall be provided free of charge to the country and reimbursement of the costs of the funeral.

5. The provisions of the paragraph. 2 points 3, 4, 6, 7 and paragraph 7 3 shall apply mutatis mutandis to the rescue dogs referred to in Article 3. 49c (c) 2 point 5.

Art. 49f. [ The authority of the management of the rescue group during a raid carried out outside the national borders] 1. At the time of operation outside the border of the State, the rescue group shall be subject to the Chief Commander of the State Fire Service, to the non-reserved area of the bodies representing the international organisation or the State organising the project Foreign.

2. The routing of the entities of the national rescue and fire extinguishing system outside the state border in the cases referred to in art. 12 (1) 5 points 5 and Art. 13 (1) 6 point 5, takes place on the basis of binding Republic of Poland agreements and international agreements.

3. The Council of Ministers shall determine, by means of a regulation, the conditions and arrangements for the posting of firefighters to serve outside the border of the State and the manner and organisation of the operation of the rescue group, taking into account in particular:

1) the assessment of predisposition to service outside the state border,

2) cases of dismissal of firefighters before the due date and extension of the time of posting,

(3) the service of members of the rescue group,

4) the composition and internal structure of the rescue group,

5) the carriage of members and equipment of the rescue group

-guided by the need to ensure effective implementation of the tasks of rescue groups outside the State border.

Art. 49g. [ Financing of the participation of rescue groups in rescue operations conducted outside the State] Expenditure related to the participation of rescue groups in rescue, search and rescue operations, or humanitarian action, training and rescue exercises outside the State border shall be borne by the State budget, in the part of which the authorising officer is Minister competent for internal affairs.

Art. 49h. [ Relevant application of the provisions] 1. Rules of Art. 49c (c) 3 and 4 and Art. 49d-49g shall apply mutatis mutandis to firefighters referred to in art. 49b (b) 2.

2. The provisions of this Chapter shall not apply to firefighters:

1) referred to in art. 28a (a) 2 and in Article 106 (1) 1;

2) forming part of the foreign service within the meaning of the Act of 27 July 2001. of a foreign service (Dz. U. of 2017 items 161 and 476).

Chapter 6

Corps and degrees in the State Fire Service

Article 50. [ Order of Corps and Degrees in PSP] The corps and degrees in the State Fire Service are established in the following order:

1) in the corps of the serial fire brigade:

(a) firefighter,

(b) a senior firefighter;

2) in the corps of the officers of the fire brigade:

(a) sectional,

(b) the senior sectional,

(c) the younger focal point,

(d) the focal point,

(e) senior focal point;

3) in the corps of the aspirants of fire brigade:

(a) a younger aspirant,

(b) aspirant,

(c) senior aspirant,

(d) an aspirant of staff;

4) in the corps of fire brigade officers:

(a) the junior master,

(b) Captain,

(c) senior captain,

(d) the younger brigadier,

(e) brigadier,

(f) senior brigadier,

(g) superbrigadier,

(h) General brigadier.

Article 51. [ Bodies competent to confer degrees] 1. The degree of firefighter and a senior firefighter shall give the superiors entitled to be appointed to the service posts.

2. The degree of firefighter shall be suitable from the day of appointment for the first official position in the State Fire Service.

2a. Graduate of the School of the State Fire Service, who was qualified to pursue the profession of firefighter, the commandant of the State School of Fire Brigade may give a degree to a senior firefighter.

3. The sub-officer's degrees in the State Fire Brigade give:

1) in the Main Command, Main Command;

2) at the School of the Main Service of the Service and other schools-the school's chief;

3) w research and development unit -Head of Unit;

3a) at the Central Museum of Fire-Director of the Museum;

4) in the remaining organizational units and the Military Fire Protection-the voivodship commanders.

3a (repealed)

4. The first degree of aspirants and officers shall give the Minister responsible for internal affairs at the request of the Commandant of the Main State Fire Service, and the remaining degree of aspirants shall give the Chief of the State Fire Brigade.

5. The degree of superbrigadier and general brigadier shall give the President of the Republic of Poland upon request of the minister competent for internal affairs.

Article 52. [ Indications of the first degree of subofficers and aspirants.] 1. The first degree of the subofficer may be given to the firefighter in the service of the constant, who meets the requirements necessary to occupy the subofficers ' positions in the State Fire Service.

2. The first degree of aspirants is suitable for a firefighter who obtained the title of a fire technician within the framework of the candidate service or in the framework of the referral to the State School of Fire Service.

3. The first degree of aspirants can be given to a firefighter who meets the requirements necessary to occupy aspirants ' positions in the State Fire Service.

Article 53. [ Giving the first degree to the officer] 1. The first degree of officer shall be assigned to the watchman who:

1) graduated from the Main School of the Service of the Service of the Candidate of the Candidate Service, or

2) he obtained the title of professional fire techniques at the School of aspirants of the State Fire Service or at the Central School of the State Fire Service and the professional title of the fire engineer as part of the referral to the School of the Main Fire Service.

2. The first degree of an officer may be given to a firefighter who meets the requirements laid down in art. 36 ust. 3.

Article 54. [ Giving another higher degree] 1. Another higher degree may be given according to the professional qualifications held and depending on the position of the job and the opinion of the service. However, such a grant shall not take place earlier than after the exagmination to the extent of:

1) firefighter-1 year;

2) sectional-2 years;

3) the older sectional-2 years;

4) the younger focal point-3 years;

5) the focal point-3 years;

6) younger aspiranta-3 years;

7) aspiranta-5 years;

8) senior aspiranta-5 years;

9) younger skipper-3 years;

10) skipper-4 years;

11) senior captain-5 years;

12) the younger brigadier-5 years;

13) brigadier-5 years;

14) a senior brigadier-4 years.

2. Granting of the degree referred to in paragraph. 1, takes place on the occasion of the Day of the Guardian; in particularly justified cases, however, may occur at a different date.

Article 55. [ Lifetime and loss of degrees] 1. Degrees of subofficers, aspirants, and fire brigade officers shall be life-free.

2. Firefighters released from the service may use the degrees referred to in art. 50, with the addition of the term "resting state".

3. Loss of the degree mentioned in Art. 50 is followed in the event of:

1) loss of Polish citizenship;

2) convict the final judgment of the court against the penalty of additional deprivation of public rights;

3) to impose a disciplinary penalty of expulsion from the service.

4) (repealed)

Art. 55a. [ Post-mortem give a higher degree] 1. The Guardian, who has shown the sacrificial and courage in direct rescue efforts at the time of fire, natural disaster, or other threat, in which the result has suffered death, may be given posthumously higher degree.

2. The scar referred to in the mouth. 1, the rank lends the Chief of the State Fire Service, subject to art. 51 (1) 4 and 5. A higher degree may occur only once.

Article 56. [ Conditions for Restoration] 1. The guard shall reinstate the degree in the event of repeal:

1) the final sentence of deprivation of public rights by a final sentence;

2) penalties for disciplinary expulsion or reduction of the degree.

2. The decision to restore an officer's degree shall be taken by the Minister responsible for internal affairs. In the other cases, the decision to reinstate the degree shall be taken by the competent authority to give it the degree.

Chapter 7

Rights and obligations of firefighters

Article 57. [ Use of the protection of public officers] A firefighter in the exercise of his duties shall enjoy the protection provided for in the Criminal Code for public officers.

Article 57a. [ Taking of a gainful occupation outside the service] 1. The Guardian may not take a gainful occupation outside the service without the written consent of the superior authorized to appoint or appoint a firefighter for the post of office.

2. The Guardian shall not carry out activities or activities contrary to the obligations arising from the Act or undermining the trust in the State Fire Service.

3. The supervisor entitled to appoint or appoint, by issuing the consent referred to in the paragraph. 1, is guided by the need to preserve the operational readiness of the organisational unit of the State Fire Service, the ethics of the service and the conduct by the firefighter's ability to serve, taking into account the personal situation of the firefighter.

4. Commandant of the State Fire Service shall keep records of the death certificates issued for the taking of the gainful occupation outside the service.

5. The residence of the issued death to the taking of the gainful occupation outside the service shall contain the data: the name of the firefighter, the service position, the place of service, the type and the place of execution of the gainful occupation.

6. The Guardian shall be obliged to make a declaration of its state of property, including the property covered by the matrimonial property, when establishing or resolving the business relationship, annually and at the request of the superiors entitled to be appointed. or appointment. The statement of assets should include information on the sources and the amount of the revenues obtained, the cash resources held, the real estate, the participation in the civil companies or the companies of commercial law, the shares held or shares in those companies, the property acquired from the State Treasury, another state legal person, the municipality, the inter-communal association, the county, the association of powiats, the poviato-communal union or the metropolitan relationship, which was subject to the sale by tender, the property movable, other rights of property and of monetary liabilities. This statement should also include data on the conduct of business activities and the performance of functions in companies of commercial law or in cooperative societies, with the exception of the functions of the supervisory board of the housing cooperative.

7. The annual declaration of assets shall be made up to 31 March, as at 31 December of the previous year.

8. The persons entitled to the appointment or appointment or the persons by whom they are entitled shall be entitled to analyse the declaration of the assets made. This analysis is based on a comparison of the content of the statement with the content of previously submitted statements, provided that this does not apply to the statement made in connection with the establishment of the business relationship, and the comparison of the content of the statement with other information the firefighter's personal files.

9. The information contained in the declaration on the assets constitutes a secret legally protected and shall be subject to protection provided for classified information classified as 'reserved' specified in the provisions for the protection of classified information, unless the firefighter, who made the statement, expressed his written consent to their disclosure, subject to the paragraph. 11.

10. The declaration of the assets shall be kept for 10 years.

11. Information contained in the statements on the assets of persons performing the functions of the bodies of the State Fire Service shall be published, without their consent, on the relevant pages of the Public Information Bulletin, excluding data on date and location birth, the PESEL number, the place of residence and the location of the property within 14 days from the date of submission of the declaration by these persons.

(12) The Minister responsible for internal affairs shall determine, by means of a regulation, the procedure for dealing with property declarations and the model declaration on the assets referred to in paragraph 1. 11, having regard to the scope of the data subject to the declaration of assets.

Article 57b. [ Obligations of the firefighter's information] 1. The Guardian shall be obliged to inform the superiors entitled to the appointment or appointment within 14 days from the day of the following information on the following events:

1) taken by the spouse of the firefighter, his preliminary, descendants of the first degree or siblings remaining with him in the joint household of employment or other gainful activities with the entrepreneur conducting business activities in the protection of fire protection in the supply of products the list of which is laid down in accordance with Article 4 (1) of the Regulation. 7 ust. 14 point 1 of the Act of 24 August 1991. the protection of fire protection or the provision of services subject to inspection in the course of the control and recognition activities referred to in Article 23;

2) held by the persons referred to in point 1 in the companies of commercial law carrying on the activities within the scope indicated in point 1 more than 10% of shares or shares representing more than 10% of the share capital-in each of these companies;

3) about the fact of being by the persons referred to in point 1, contractors within the meaning of the Act of 29 January 2004. -Public procurement law (Dz. U. of 2015 items 2164, with late. zm.) for the benefit of bodies and units subordinate to or supervised by the Minister responsible for internal affairs.

2. Commandant of the State Fire Service conducts the set of information referred to in paragraph. 1.

3. The set of information referred to in paragraph. 1, shall contain the data: the name of the firefighter, his service position, the place of service, the name of the persons referred to in paragraph 1. 1 point 1, the name and seat of the trader supplying the products or providing fire protection services and the data concerning the fact of being by those persons to the contractor within the meaning of the law referred to in the paragraph. 1 point 3.

Article 57c. [ Prohibition of membership in a political party] 1. The Guardian must not be a member of a political party.

2. At the time of admission to the service, the previous membership of the firefighter in the political party will cease.

3. The membership of foreign or international organizations or associations shall be subject to the permission of the Commandant of the Main State Fire Service.

Article 58. [ Trade unions of firefighters] 1. Firefighters may associate themselves with trade unions under the conditions laid down in the Act of 23 May 1991. with trade unions (Dz. U. of 2015 items 1881).

2. A striker serving as a post, for whom the provisions of the Act provide for the appointment, shall not serve as a function in the trade unions and shall not be subject to the protection provided for in art. 32 of the Act of 23 May 1991. with trade unions.

Article 59. (repealed)

Article 59a. [ Delegation] The Minister responsible for internal affairs, in consultation with the Minister responsible for Health, shall determine, by means of a regulation, the conditions for receiving the health care benefits referred to in Article 4. 42 par. 2 of the Act of 27 August 2004. on health care services financed by public funds, by firefighters, in relation to injuries acquired in the performance of their tasks outside the State and the manner and mode of financing of costs, having regard to the principles and manner of disbursement of public funds.

Article 59b. [ Obligation to maintain physical fitness] 1. The Guardian shall be obliged to maintain the physical fitness that ensures the performance of his/her duties, in particular through participation in physical education or sports activities.

2. The Minister responsible for internal affairs will determine, by means of regulations, the tasks of physical education implemented in the organizational units of the State Fire Service and the organizational forms of physical education and the manner of their financing, taking into account the nature of the service in the State Fire Service.

3. Commandant of the State Fire Service may determine, by means of ordinance, the requirements for persons conducting classes, with the aim of maintaining the fitness of the firefighters, ensuring the performance of their work tasks, taking into account the nature of the service in the State Fire Service.

Article 60. (repealed)

Article 60a. [ Salary as the basis for the assessment of the contributions to the pensions scheme] 1. If the firefighter released from the service does not satisfy the conditions for the acquisition of the right to a police or police invalidity pension, from the salary paid to the firefighter after 31 December 1998. until the date of the exemption from the service from which the pension insurance premium is not paid, it shall be transferred to the Social Insurance Institution for that period as provided for in the Act of 13 October 1998. o Social Security System (Dz. U. of 2016 r. items 963, as late. zm.).

2. By salary which forms the basis for the assessment of the contributions to the pension scheme referred to in paragraph 2. 1, shall be understood:

(1) the amount of the lowest remuneration determined on the basis of the separate provisions-for the period of the candidate service before 1 January 2003;

2) the amount of the minimum wage for the work in force in December of the previous year, established on the basis of the separate provisions-for the period of the candidate's service after 31 December 2002;

(3) basic salary, salary allowances, annual and discretionary awards and additional remuneration paid on the basis of art. 97, converted accordingly in accordance with art. 110 of the law referred to in paragraph 1. 1-for the remaining periods of service.

3. The contributions shall also be transmitted where the firefighter fulfils only the conditions for the acquisition of the right to the police invalidity pension. The transfer of contributions follows the request of a firefighter.

4. The contributions shall be subject to the valorisation of the rate of valorisation of the contributions laid down in the Act of 17 December 1998. o pensions from the Social Insurance Fund (Dz. U. of 2016 r. items 887, as late. zm.).

5. When calculating the amount of premiums due, which are based on the basis of the paragraph. 4, the Article shall apply mutatis mutandis. 19 (1) 1 and Art. 22 par. 1 points 1 and 2 of the Act on Social Security System.

6. The provisions of the paragraph. 1-5 shall also apply to an officer who has remained in service before 2 January 1999, if, after release from the service, despite the conditions for entitlement to a police pension, he has claimed an application for a pension from the service. to be subject to social insurance.

7. In the case referred to in paragraph. 6, the amount due, the assigned contributions shall be transferred immediately on the basis of a notification by the Social Insurance Institution of the acquisition by the officer of the right to a pension provided for by the provisions referred to in paragraph 1. 4.

8. The amount of due, unpaid contributions shall be the income of the Social Insurance Fund.

(9) The Minister responsible for internal affairs, in agreement with the Minister responsible for social security, shall determine, by means of a regulation, the procedure and time limits for the transfer to the Social Insurance Institution of the contributions referred to in paragraph 1. In order to ensure the correct and immediate implementation of the tasks involved in the transfer of these contributions, the competent authorities shall be responsible for ensuring the correct and immediate execution of the tasks relating to the transfer of such premiums.

Article 61. [ Umunching, Distinction and Identification Marks] 1. The Guardian shall be obliged to wear during the service: uniforms, special clothing, personal protective equipment, distribution, badges, identification marks and personal equipment.

2. Unification, distortion and identification marks are legally reserved exclusively for the firefighter.

3. The subjects referred to in paragraph. 1, the firefighter receives free of charge.

4. Objects of unification, special garments and personal protective equipment should be distinguished by the State Fire Service as a rescue formation and guarantee the safety and hygiene of the firefighters ' service.

5. Commandant of the State Fire Service shall determine, by means of ordinance, detailed requirements for objects of unification, special clothing and personal protective equipment, used in the State Fire Service, their patterns and their characteristics technical and quality.

6. The Minister responsible for internal affairs will determine, by way of regulation, tables of dues and patterns and means of wearing umunduation, special garments, personal protective equipment, personal equipment, distribution, badges and signs identification of firefighters, taking into account:

1) a description of objects of uniforms, special clothing and personal protective equipment;

2) the period of the use of objects of unification, special clothing, personal protective equipment, distribution and the equipment of a personal firefighter and cases in which the firefighter is obliged to return individual objects or their equivalent.

In addition, the Regulation should take into account the need for proper supply of firefighters in uniforms, special garments and personal protective equipment.

7. A guard, who has not been issued in the nature of objects of uniforms, shall be entitled to a cash equivalent.

8. The firefighter discharged from the service shall be obliged to return the collected unduly part of the cash equivalent, unless the exemption took place on the acquisition of the right to a pension under the Act of 18 February 1994. on the pensions of police officers, the Internal Security Agency, the Intelligence Agency, the Military Counterintelligence Service, the Military Intelligence Service, the Central Anti-Corruption Bureau, the Border Guard, the Government Security Office, the State Security Office Fire Service and Prison Service and their families (Dz. U. of 2016 r. items 708 and 2270 and from 2017 items 38 and 715).

9. The Minister responsible for internal affairs in agreement with the Minister responsible for public finance shall determine, by means of a regulation, the amount and the conditions for granting a cash equivalent in exchange for a reunification, including:

1) the objects of the umunduation constituting the basis for determining the equivalent height;

2) flat rate for dry cleaning;

3. the method of determining the equivalent of the equivalent;

4) the mode and conditions for granting, returning and withdrawals of the equivalent;

5. the time limit for the payment of the equivalent.

In addition, the Regulation should take into account the value of the nature of the uniforms being issued in kind.

Article 62. [ Right to free food] 1. The guard shall be entitled to free meals during long term rescue, exercise or training.

2. The Minister responsible for internal affairs in consultation with the Minister responsible for public finance will determine, by way of regulation, long term rescue operations, detailed standards, rules and conditions for receiving nutrition in time long-term rescue, exercise or training by firefighters or other persons participating in them, as well as the cases in which the cash equivalent is paid in exchange for the meals to be used, the way in which it is to be determined, and detailed rules of payment.

Article 63. [ The right to free transit of public means of communication] 1. The guard and members of his family shall have the right to pass, at the expense of the appropriate organizational unit of the State Fire Service, public means of communication once a year to one of the localities chosen by each other in the country and back. In the event of non-use of the right to pass, the entitled person shall receive a flat-rate cash equivalent.

1a. Repayment of travel costs or lump sum of cash equivalents referred to in paragraph 1. 1, they shall not be entitled to a keeper in the calendar year in which entitlement to free journeys by the public means of communication is purchased on the basis of separate provisions.

2. The Minister responsible for internal affairs shall determine, by means of a regulation, the conditions for the exercise of the right to pass and the payment of the cash equivalent referred to in paragraph 1. 1, taking into account in particular:

1) the type of the centre of the locomotive;

2. how the amount of the equivalent is determined;

3. time limits for payment of the equivalent amount.

3. The Minister responsible for internal affairs in consultation with the Minister responsible for social security shall determine, by means of a regulation, the types and scope of other social and former benefits which may be granted to persons whom Paragraph 1. 1.

Article 64. (lost power)

Article 65. [ The right to free health care facilities for health care facilities] [ 5] The watchdog and members of his family are entitled to the free health care services provided by the Minister responsible for internal affairs and to the benefits of public health care establishments, on the basis of separate provisions.

Article 66. [ The right to free social health care benefits] [ 6] 1. A guard who acquired the right to an invalidity pension not left in connection with the service, and entitled members of his family, as well as persons entitled to a survivor's pension after a fireman whose death does not remain in connection with the service, You have the right to receive free social health care benefits.

2. A fireman dismissed from a service which has not acquired the entitlements to the pension provision specified in the provisions on the pension provision of the police officers, the Internal Security Agency, the Intelligence Agency, the Central Bureau Anti-corruption, Border Guard, Government Protection Office, State Fire Service and Prison Service and their families, as well as members of his family are entitled to the benefits of medical facilities of the health care community, in the scope and on the conditions laid down for workers with whom the employment relationship has been resolved.

Article 67. [ Explanatory provision] 1. For members of the firefighter's family entitled to the benefits provided for in art. 63, 65 and 66 are considered to be spouses and children.

2. The children of their own children, the children of the spouse, the children adopted, the children admitted to the upbringing shall be considered to be children, who:

1) have not exceeded 18. year of life, and in the case of attendance at a school-24 years or 25 years, if they are at a higher school, and the age of 24 is for the last or penultimate year of study, or

2) have become Invalids I [ 7] or II [ 8] groups before the achievement of the age referred to in point 1.

Article 68. [ Work in specific conditions or in specific character] The period of the firefighter's service shall be treated as an equal to the work carried out in specific conditions or in a specific nature within the meaning of the the provisions on the provision of pension provision for workers and their families [ 9] .

Article 69. [ Parenthood-related privileges] 1. Firefighters shall apply the provisions of the Act of 26 June 1974. -the Labour Code concerning the rights of parental workers, if the provisions of this Law do not otherwise provide.

2. Guardianer released from the service on the basis of art. 43 par. 3 point 4 during pregnancy, during maternity leave, leave on the terms of maternity leave, paternity leave or parental leave, shall be entitled to the salary of the last official post, until the end of the period of pregnancy and duration of the period of pregnancy. such leave.

3. Guardianer released from the service on the basis of art. 43 par. 3 (4) during parental leave shall be entitled to the end of the period for which this holiday has been granted:

(1) a cash benefit paid on the basis of the rules applicable to the payment of the childcare allowance during the period of the exercise of parental leave;

2) other allowances provided for workers made redundant during parental leave on the grounds of non-workers.

4. The Guardian shall not be entitled to apply for a reduction in the length of time of service during the period during which the parental leave could be exercised.

Art. 69a. [ Deputy of the firefighter during his absence in the service in connection with the stay on leave] Where there is a need to replace a firefighter during his/her absence in the service of maternity leave, maternity leave, paternity leave, parental leave or parental leave, for this purpose, to hire a staff member on the basis of a fixation contract, covering the period of absence of the contract.

Article 70. [ Passing of the term of service to the period of employment] 1. A guard who has undertaken work during the year from the day of release from duty, and if he has served the preparatory service-within 3 months of that day, the period of service shall be included in the period of employment within the scope of all the powers resulting from the provisions employment law.

2. Paragraph Recipe 1 shall not apply where the provisions of labour law provide that the expiry of the periods referred to in paragraph 1 shall not apply. 1, does not prevent the employee from using certain benefits.

3. If the firefighter is unable to take up employment within the time specified in the paragraph. 1 in the case of an illness that causes incapacity for work or invalidity, retains the powers set out in the paragraph. 1 in the event of employment within 3 months from the date of cessation of incapacity for work or invalidity.

4. The provisions of the paragraph. 1 and 2 shall not apply to firefighters who have been exempted from service in the event of conviction by a final judgment or disciplinary punishment of the expulsion of the service.

Article 71. [ Vacation holiday dimension] 1. The watchman in the preparatory and appointed service shall be entitled to an annual paid leave of 26 days.

2. The guard undertaking the preparatory or permanent service shall be entitled, in the calendar year in which he has taken the service for the first time, to the right to leave at the end of each month of the service, in the dimension of 1/12 of the holiday allowance, referred to in paragraph 1 1.

Art. 71a. [ Additional holiday leave] 1. The watchman referred to in art. 71, there is a paid additional holiday, hereinafter referred to as "additional leave", in the amount up to 13 days per year, in respect of the duty to serve in conditions which are harmful to health or burdensome, or to be reached by a fire-keeper the age or seniority of the service.

2. Additional holiday leave entitled to a firefighter for the duty of service under conditions detrimental to health or onerous shall be:

1) 5 days a year-for firefighters serving in the daily time distribution of the service, which are at the operational disposal and performing the operational functions;

2) 9 days a year-for firefighters serving in the daily time distribution of the service, which are at the operational disposal and in command functions;

3) 13 days a year-for firefighters serving in shifts of service time distribution.

If a firefighter during a calendar year is serving under different conditions of health or nuisance damage, the additional holiday leave shall be entitled to a proportion of the service periods in those conditions.

3. Additional holiday leave, entitled to a firefighter for the attainment of a certain age, shall be as follows:

1) 5 days a year-after completing 40. year of life;

2) 9 days a year-after completion of 45. year of life;

3) 13 days a year-after completing 55. year of life.

4. Additional holiday leave entitled to a keeper for the attainment of a particular service shall be:

1) 5 days of the year-after reaching at least 15-year service internship;

2) 9 days a year-upon reaching at least 20 years of service internship;

3) 13 days a year-upon reaching at least 25-year service internship.

5. In the event of the running of allowances for additional holiday leave from the titles listed in paragraph. 2-4, the days of additional holiday leave due to individual titles shall be added, but the total amount of additional holiday leave shall not exceed 13 days per year.

6. Acquisition of the right to the first additional holiday leave shall take place respectively:

1. after a year of service in conditions which are harmful to health or burdensome;

2) on the date of achievement of the specified age;

3) on the date of achievement of the specified service internship.

7. The right to further additional leave of rest leave the firefighter shall be acquired in each of the following calendar years, except in the case referred to in the paragraph. Article 6 (1) must be the year in which the service is performed under conditions which are harmful to health or to the burdensome.

(8) A guard who is entitled to additional leave for the attainment of a certain age or service, serving during a calendar year, shall enjoy in that calendar year an additional holiday in the course of the year in which he or she is entitled to leave the service in the first place. a dimension proportional to the period of service of that year.

Article 71b. [ Vacation Offset for a later date] 1. If a firefighter is unable to start a holiday or additional vacation leave within the prescribed period for reasons justifying absence from the service, and in particular for:

(1) temporary incapacity for service as a result of illness,

2) solitary in connection with an infectious disease,

(3) maternity leave, leave on the terms of maternity leave, paternity leave or parental leave,

4) suspension in business activities,

The appropriate supervisor is obliged to postpone the term of the holiday.

2. Vacation leave or additional holiday leave in part not used for the reasons referred to in the paragraph. 1 points 1 to 3, the competent supervisor shall be obliged to give a later date.

3. The dimension of the holiday leave and additional leave of rest of the firefighter returning to service during the calendar year after a period of at least one month:

1) free leave,

2. parental leave,

3) suspension in business activities,

4) temporary arrest,

5) unjustified absence on duty,

shall be reduced in proportion to that period, unless the firefighter has used leave in his or her senior or higher dimensions before the start of that period.

4. In the period from the day of submission by the fireman of a written request to release him from the service until the day of release from the fire service the firefighter is obliged to use his/her leave: the rest and additional rest leave, if during this period of time The supervisor will give him this leave.

Article 71c. [ Paying commemorative leave] You can grant paid special leave to the watchdog:

(1) in respect of the transfer of services, if the transfer involves a change of residence, within a dimension of 4 to 6 days;

2) for the handling of important personal or family matters-in a dimension not exceeding 5 days per calendar year.

Art. 71d. [ Training leave] 1. The Guardian, which on the basis of the referral referred to in art. 106 (1) 1, shall take a tuition or a training or study, and shall be awarded:

1) training leave-in the case of first-or second-cycle studies, training in policeinstitutions and post-graduate studies;

2) exemption from all or from part of the day of service for participation in compulsory classes, if these classes are held on the days of the firefighter's service.

2. The training course is intended for the preparation and submission of exams, preparation and submission of diploma work, examination of the diploma, preparation and submission of the final examination or final work-if provided for by the appropriate programme.

3. The training course shall be entitled to:

1) up to 21 days-in the last year of first or second cycle studies;

2) up to 7 days-in the last semester of instruction in police schools and postgraduate studies for the preparation and submission of an final or final work, a diploma examination or a diploma thesis-if provided for by the appropriate programme;

3) one day for the examination of any subject which according to the relevant program ends with an examination, however, no more than 6 days during the school year or academic year.

4. Training leave shall not be granted for the submission of the correctional examination, the committee examination and the correction or repreparation of the final work or the diploma thesis rejected by the promoter.

5. Training Holidays may be granted at the request of the firefighter, once or in part, during the period of the training year, by the deadline and the dimension agreed with the competent superiors.

6. A trainee who, without a referral, shall receive training or training or studies, may grant training leave and exemption from all or part of the day of service for participation in compulsory classes, if he/she speaks for the interests of the service, and In particular where the level and direction of the training are in line with the requirements of the post-occupy or post-post requirements. The provisions of the paragraph 2-5 shall apply mutatis mutandis.

Art. 71e. [ Days on which the firefighter is granted leave] 1. Urlopes as referred to in art. 71, 71a, 71c and 71d, shall be granted in the days which are for the keeper of the days of duty or duty, with the exception of the household duty referred to in Article. 35 par. 8, in accordance with the applicable timetables of the service, in the hourly dimension, corresponding to the daily dimension of his duty or duty time on a given day. The day of leave shall correspond to 8 hours of service or on-call time.

2. To leave the holidays referred to in art. The provisions of the Law of 26 June 1974 shall apply mutatis mutandis to the provisions of the Law of 26 June 1974, as amended by the provisions of the Law of 26 June 1974 -Labour Code.

Art. 71f. [ Paid health leave] A firefighter may be granted a paid medical leave to carry out a prescribed treatment not exceeding a time limit of 6 months. The total amount of such leave shall not exceed 18 months during the entire service.

Article 71g. [ Grant of unpaid leave] 1. The watchman, upon his written request, the competent supervisor may grant unpaid leave, if this does not disturb the course of the service, subject to the paragraph. 2. The period of unpaid leave shall not be included in the period of service in the State Fire Service.

2. The Guardian, who is leaving together with the spouse:

1. designated to perform tasks abroad, or

2) transferred to the exercise of official duties in a foreign service, within the meaning of the provisions of foreign service,

the written request shall be granted free of charge for the duration of the exercise by the spouse of the tasks abroad or the duties of official duties in the foreign establishment.

3. The trainee with the choice of functions in the trade unions shall be entitled to leave free of charge under the conditions laid down in the Act of 23 May 1991. with trade unions.

Art. 71h. [ Delegation] The Minister for Internal Affairs will determine, by means of a regulation, the conditions and the procedure for the provision of leave to firefighters, including superiors competent to grant leave, with a view to the welfare of firefighters and the need for service.

Article 72. [ Appeal of a firefighter from vacation leave] 1. The Guardian can be cancelled from holiday leave for important business reasons and also to withhold the grant of leave in whole or in part. The term of leave may be postponed at the request of the firefighter motivated by important considerations.

2. The Minister responsible for internal affairs shall determine, by means of a regulation, the conditions for reimbursement of travel expenses caused by the cancellation of a firefighter's leave and reimbursement of other costs, taking into account in particular:

1) determining the type of other reimbursable costs;

2) the determination of persons whose cancellation of leave together with the firefighter would result in reimbursement of expenses connected with the cancellation of the leave.

3. The cancellation of a firefighter from leave for official reasons requires the consent of the superiors entitled to appointment or appointment.

4. A Guardian who has not used leave in a given calendar year, such leave should be granted at a different date.

Article 72a. [ Relevant application of the provisions] 1. In matters relating to the granting of redundancies from business activities and the manner of justifying absence in the service of an unregulated subject by this Act, subject to the paragraph. 3, the provisions issued on the basis of art shall apply accordingly. 298 2 the Act of 26 June 1974. -Labour Code, Act of 23 May 1991. about trade unions and the Act of 25 June 1999. on social security benefits in the event of sickness and maternity (Dz. U. of 2016 r. items 372, of late. zm.).

2. (repealed)

3. Guardianship shall not be granted exemption from business activities:

1) for the time of participation in rescue or rescue operations, in the framework of social activity in other entities conducting rescue operations, except for cases justified by the head of the organizational unit, in the service of the service;

2) for fire training for members of the volunteer fire brigades.

Article 73. [ Distinctions] 1. The watchman, who is exemplary performing duties, may be awarded the distinction:

1) praise;

2) (repealed)

3) short-term paid additional holiday leave in the dimension up to 10 days per year;

4) a pre-term higher grade;

5) badge "Curved for fire protection";

6) presentation to the order or decorum.

1a. Highings as referred to in paragraph 1. 1 (1) and (3) shall be granted by the competent authority to appoint a firefighter for the post of office, subject to paragraph 1. 1b and 1c.

1b. The Head of the State Fire Service shall be awarded by the Minister responsible for internal affairs.

1c. Commandant of the Main School of the fire service and its deputies, Director Research and development units The State Fire Service and its deputies, as well as the commanders of the State Fire Service of the State Fire Service, are awarded the Chief of the State Fire Service.

1d. A pre-term grant of a higher grade shall be the responsibility of the superior of the grantee to give the degree.

1e. The scar is not awarded with a distinction:

1) at the time of conducting criminal or disciplinary proceedings against him;

2) before the imposition of the disciplinary penalty imposed;

3) in the period of the trial, in the case of conditional redemption of the criminal proceedings or the conditional suspension of execution of the sentence.

2. The Minister responsible for the internal affairs, guided by the specific nature of the tasks performed and the conditions for their execution, shall determine, by means of a regulation:

1. the detailed conditions for the award of the distinctions referred to in paragraph. 1 points 1, 3 and 4, including the mode, mode and form of awarding of distinctions;

2. the method of giving the badge "Curved for fire protection", the mode of presentation of applications for giving it, the pattern of the badges and the mode of giving it and the method of carrying it.

Chapter 8

Apartments of firefighters in the state service

Article 74. [ Right to a dwelling or temporary accommodation] 1. A permanent guardian shall have the right to a dwelling in a place where he is serving, or in a nearby village, taking into account the number of members of the family and their entitlements as a result of the separate provisions.

(1a) If there is no possibility of assigning a dwelling in a locality where a firefighter is to be fully served or in a nearby village, a firefighter may receive a temporary accommodation for the period of service in that locality.

2. A firefighter in the preparatory service may receive a temporary accommodation in a village where he or she is in service, or in a nearby village.

2a. In the cases referred to in paragraph 2. 1a and paragraph. 2, accommodation costs shall be borne by the firefighter.

3. The village is considered to be a nearby village, where the public transport route, including transfers, does not exceed two hours, counting from the station (stop) to the nearest location Service to the station (stop) of the nearest place of residence. Until this does not include the commute to and from the station (stop) within the locality from which the firefighter arrives, and the locality in which he performs the duties of the service.

4. Where, in the village referred to in paragraph. 3, there are a variety of driving possibilities, to calculate the time takes time to take the driving time from the station (stop) with the most convenient connection.

Article 75. [ Explanatory provision] The members of the firefighter's family, which are included in the allocation of the housing unit, shall be left with a firefighter in the common household:

1. a spouse;

2) children referred to in art. 67 par. 2;

3) the parents of the firefighter and his spouse who is on his sole dependant or if, because of the age, invalidity [ 10] or other circumstances are incapable of performing employment; as parents are also considered the stepfather and the stepmother and the adopters.

Article 76. [ Allocation of dwellings] 1. The premises for firefighters shall be allocated to premises at the disposal of the Minister responsible for internal affairs or subordinate bodies, obtained as a result of their investment activity or from the authorities of the government and local government general, owned by municipalities or establishments, and which are released by persons whose allocation decisions have been obtained from the bodies governed by the Minister responsible for internal affairs.

2. A permanent dwelling shall be assigned to a dwelling with a residential area corresponding to the guardian of the population norms. The guardianship of the population of the dwelling is between 7 and 10 m 2 the living space, which is the area of the rooms located in the dwelling.

3. In the event of the confluent of the powers of the fireman and his family members to the population standards of different titles, account shall be taken of the population standards of only one title.

4. In the case where there is no possibility to allocate a dwelling with a living area corresponding to the number of the population standards, the keeper can be allocated a dwelling of a residential area:

1) less than in accordance with the population standards, if he/she expresses the consent in writing or with the relevant application, and the allocation of such premises does not deprive the firefighter of the right to obtain a dwelling of a living area the corresponding population norms;

2. greater than that of the population, where circumstances so require and with the consent of the immediate superior authority of the competent authority for the decision on the allocation of premises.

5. The temporary quarters shall be allocated to dwellings or premises adapted to dwellings, which are in due technical and sanitary condition, which are located in buildings in a closed area or in buildings intended for business purposes.

6. The temporary accommodation unit may be a dwelling or an apartment adapted to residential areas with a living area which does not correspond to the guardianship of population standards.

7. The accommodation unit or temporary accommodation unit shall be assigned to the keeper at his written request.

8. The department of a dwelling or temporary accommodation in the building of the organisational unit of the State Fire Service, intended for official purposes or located in a closed area, occurs only for the period of service of the service in that unit.

9. The dweler shall be assigned to the keeper, taking into account the following criteria:

1) the absence of a dwelling at the place of service or in a nearby village, or the need to improve the existing housing conditions, including the waiting time for the allotment of the dwelling;

2) professional qualifications, suitability for service and period of service in the State Fire Service and other organisational units subordinate to the Minister competent for internal affairs or supervised by it.

10. The allocation of dwellings may occur without the criteria referred to in paragraph 1. 9, if the firefighter takes care of:

1) temporary accommodation in the building of the organizational unit of the State Fire Service, intended for official purposes or located in a closed area;

(2) a dwellings assigned to an administrative decision constituting a separate property of a natural person;

(3) a dwellings assigned to an administrative decision in the preceding place of service.

Article 77. [ Cash equivalent for the renovation of the dwelling or house] 1. A permanent guard and a firefighter in the preparatory service shall be entitled to a cash equivalent for the renovation of a dwelling or house held on the basis of his legal title, hereinafter referred to as "the equivalent for the renovation", having regard to the population standards of the keeper and his family members.

(2) The equivalent of the renovation shall also be granted to the watchdog for the temporary accommodation, except in the case referred to in Article 4. 82 ust. 5, taking into account the population standards of the watchdog and members of his family.

3. A guard transferred to a service in another place which, in the preceding place of service, has not released a dwelling or a house and has been allocated a temporary accommodation shall be entitled to an equivalent for renovation, taking into account the standards the population of the guardianer and the members of his family.

4. The equivalent of the repair shall not be granted:

1) if the firefighter or his/her spouse receives an equivalent for the absence of a dwelling referred to in art. 78 par. 1;

2) in the case of the subtracting of the dwelling or the house referred to in paragraph. 1, in whole or in part.

Article 78. [ Equivalent for lack of dwelling] 1. A fixed guard shall be entitled to a cash equivalent, hereinafter referred to as the 'equivalent for the absence of a dwelling', if he or his family members referred to in Article 3 (1) of the same Article are to be considered as having regard to the condition of the person concerned. 75, they shall not have at their place of duty or in the locality of a nearby dwelling or house on the basis of their legal title, and there is no case laid down in Article 4 (1). 82 ust. 5.

2. The equivalent for the absence of a dwelling shall not be entitled if the firefighter:

1) he has lost his or her fault or has waived the right to occupied the dwelling or house referred to in paragraph 1. 1, except in the case of the abolition of joint ownership by the decision of the competent court, the division of the common apartment or the award of the apartment to one of the spouses in the judgment of the divorce, and the contractual inheritance department;

(2) refused to accept unreasonably the accommodation of the dwelling, corresponding to the population of the population concerned and in due technical and sanitary status, or to apply for the allocation of such premises referred to in Article 3 (2) of Regulation (EC) No 947tive. 76 (1) 7;

3) or his spouse received financial assistance to obtain a dwelling or a house, unless the firefighter was transferred to the service in a village other than nearby.

(3) The equivalent of the absence of a dwelling shall be entitled to the date on which the entitlement to the accommodation was granted until the date on which the loss of that entitlement was lost.

4. Where a firefighter has received a temporary accommodation in the place of duty or in a nearby village where there is no possibility to allocate a dwelling, the equivalent for the absence of a dwelling shall not be paid for the period of time waiting for a dwelling, no longer than for 5 years.

Article 79. [ The procedure for the equivalent of either the renovation or the absence of a dwelling] 1. In the event of the confluent of the permission of the firefighter and his spouse to the equivalent for the renovation or for the absence of a dwelling under this Act or any other legal title shall be entitled to one equivalent, chosen by the firefighter.

2. The permission to the equivalent for the renovation or for the absence of a dwelling shall be determined on the basis of a firefighter's compound statement. The entitlement to the repair equivalent shall be fixed at 1 January each year.

3. The Guardian shall immediately notify, by lodging a statement of dwelling, any change affecting the entitlement to receive the equivalent for renovation or for the absence of a dwelling or an equivalent amount.

4. The amounts paid to the equivalents for the renovation and the absence of accommodation shall be reimbursed in the event of undue collection resulting from the following:

1) the application in the housing declaration of untrue data, affecting the existence of an entitlement to the equivalent or at its height;

2. the failure to comply with the obligation referred to in paragraph 1. 3.

5. The reimbursement of unduly paid equivalents for the renovation or for the absence of a dwelling occurs in full, with the reimbursement of the equivalent for the absence of a dwelling, in particularly justified cases, may occur in instalment.

6. The Minister responsible for internal affairs shall determine, by means of a regulation, the procedure for the granting of the equivalents for the renovation or for the absence of accommodation and the manner in which they are to be determined and the model of the declaration of housing, taking into account:

(1) an equivalent rate for the overhaul to the population standard of the keeper;

(2) the rate of the daily equivalent for the absence of a dwelling, taking into account the state of the family firefighter;

3) the date of payment of the equivalents;

4) the organisational units competent to pay them.

Article 80. [ Financial aid] 1. A solicitor appointed to a permanent who has not received a dwelling on the basis of an administrative decision of the allocation shall be entitled to financial assistance for the acquisition of a dwelling or a house, hereinafter referred to as "financial assistance", subject to the paragraph. 5, unless the firefighter does not meet the conditions for receiving a dwelling on the basis of an administrative decision.

2. The financial assistance shall be granted once during the period of the entire service, at the request of the firefighter.

3. The granted financial assistance shall be repaid in the case of:

1. its unduly paid collection;

2) dismissal of a firefighter from the service before the expiry of 10 years from the day of its commencment, unless the firefighter has acquired the entitlement to a pension or pension.

4. The reimbursement of unduly collected financial assistance may take place in instalations.

5. The provision of financial assistance to the firefighter on the basis of an administrative decision on the allocation of the housing unit of a dwelling at the disposal of the Minister responsible for internal affairs or bodies, shall be the subject of the the obligation of the firefighter to release the occupied dwelling and transfer it at the disposal of the competent authority within the period specified in the administrative decision to grant financial assistance, but not more than 6 months from the date of payment This help. In particularly justified cases, at the request of a firefighter, the time limit may be extended to 12 months if there is no possibility of prior residence in the dwelling or house where the financial assistance is granted.

6. The Minister responsible for internal affairs shall determine, by means of the regulation, the procedure for granting financial assistance, how it is to be determined and the manner in which it is to be paid, and a model application for granting it, taking into account:

1) the required documents to be submitted together with the application for financial assistance;

2. the amount of money to be paid to the population standard, entitled to a keeper;

3) the date of payment of the financial assistance;

(4) the amount of the financial assistance to be recovered in the cases referred to in paragraph 1. 3.

Article 81. [ Grounds for the negative allocation of the dwelling on the basis of an administrative decision] A dwelling on the basis of an administrative decision shall not be assigned to a watchman:

(1) in the event of the use of the financial assistance referred to in Article 3 (1), 80;

(2) having a place in the place where the service is in place, or in a locality of a nearby dwelling which corresponds to at least the living area or a single-family house or residential and/or residential house;

(3) whose spouse has a dwelling or a house as defined in point 2;

4. in the event of the divestment by him or his or her spouse's own right to a cooperative dwelling or a house constituting a separate property referred to in point 2, except in the cases specified pursuant to art. 82 ust. 1.

Article 82. [ Allocation of dwellings in a new place of service] 1. A trainee transferred to serve in another locality, to whom, in a previous place of service, was assigned on the basis of a decision of an administrative dwelling or granted financial assistance, a dwelling shall be allocated for the service of the person who was transferred to the service. the basis of an administrative decision in the new place of service, if:

1) free up occupied dwellings;

2) return financial assistance.

2. The Guardian, who has benefited from financial assistance, may be allocated a dwelling on the basis of an administrative decision, on the basis of the rules laid down in the paragraph. 1.

3. (repealed)

4. A guard transferred to a service in another village, who, in the previous service place, did not release the occupied dwelling or house referred to in the paragraph. 1, temporary accommodation may be allocated according to the applicable standards without taking into account the members of the accommodation unit.

5. A delegation for temporary service in another locality shall receive a temporary accommodation. The costs of accommodation shall be borne by the State Fire Service.

Article 83. [ Conditions for issuing an administrative decision on the release of a dwelling] 1. An administrative decision on the release of a dwelling referred to in art. 76 (1) 1, appears in the case of:

1) the subtraction or devotion to the free use of the premises or parts thereof;

2) the non-exemption of the allocated dwelling;

3) obtain by the firefighter or his spouse in the place of service or in the locality of a nearby legal title to another dwelling or house with a residential area corresponding to at least the guardian's entitled and members of his the population of population norms;

4) not residing in the dwelling for a period of more than 6 months, unless there are circumstances justifying the temporary stay of a firefighter outside the place of residence;

(5) the use of a dwelling which is not in accordance with its intended purpose, in particular where the firefighter or his family members are in a way of abusive or persistent way against the applicable domestic order, making the use of the other's burdensome. Premises;

6. non-payment of rent or fees for benefits in connection with the operation of the dwelling for at least three full periods of payment, despite the written notice of the intention to issue a decision on the release of the premises and the designation of an additional, the monthly deadline for payment of arrears and current receivables;

7. occupations of a dwelling located in a building intended for official purposes or closed areas, by a firefighter who is exempted from the service or the other after a fireman's family members entitled to a survivor's pension after a fireman who has been in a position to do so at the time of death, he fulfilled the conditions required to obtain a pension under the Act of 18 February 1994. on the pensions of police officers, the Internal Security Agency, the Intelligence Agency, the Military Counterintelligence Service, the Military Intelligence Service, the Central Anti-Corruption Bureau, the Border Guard, the Government Security Office, the State Security Office Fire departments and Prison Service and their families;

8) occupations of the dwelling without a legal title;

9) residing in the dwelling despite the waiver in writing of the powers to occupying it;

10) replacement of the dwelling;

11) obtaining by the firefighter's financial assistance.

2. The closed areas shall be understood as the areas referred to in art. 2 point 9 of the Act of 17 May 1989. -Geodetic and cartographic law (Dz. U. of 2016 r. items 1629 and 1948 and of 2017 items 60).

3. An administrative decision on the release of temporary accommodation shall be issued in the case of:

1) the firing of a firefighter from the service or a transfer to service in another locality;

2) the expiry of the period referred to in art. 76 (1) 8;

3) the occurrence of the circumstances referred to in the paragraph. 1 points 1, 3-6 and 8.

4. Decisions on the matters referred to in paragraph 1 and 2, they also concern members of the firefighter's family and all other residents living in a dwelling or temporary accommodation unit.

(5) Allocation and release of accommodation units and temporary accommodation, granting, refusal to grant and reimbursement of the equivalent for renovation or for the absence of housing and granting, refusal to grant and reimbursement of financial assistance shall be made by means of a decision administrative. Decisions on these matters appear to:

1. the minister responsible for internal affairs, in relation to:

a) Commandant of the Main State Fire Service,

(b) the Deputy Commandant of the Main State Fire Service;

2. Commandant of the State Fire Service-in relation to:

(a) firefighters serving in the Main Command of the State Fire Service,

b) the commanders of the Provincial State Fire Service,

c) the commanders of the schools of the State Fire Brigade,

(d) the Director of the Scientific and Research Centre for the Prevention of Fire,

(e) the Director of the Central Museum of Fire,

(f) firefighters designated to carry out specific tasks outside the organisational unit of the State Fire Service;

3) Commanders of the Provincial State Fire Service-in relation to:

(a) the district commanders of the State Fire Service (municipal),

b) firefighters serving in the commanders of the Provincial State Fire Service;

4) commanders of the schools of the State Fire Brigade-in relation to the subordinate firefighters;

5) commanders of the district (locals) of the State Fire Service-in relation to the firefighters subordinate to them;

6) Director of the Scientific and Research Centre of the Fire Protection-in relation to the subordinate firefighters;

7) Director of the Central Museum of Fire-in relation to the firefighters subordinate to him.

6. The Minister responsible for internal affairs, with a view to ensuring the needs of local firefighters, will determine, by means of regulations, the technical conditions assigned to the firefighters of the dwellings, the mode of allocation and release of dwellings and temporary accommodation, in the cases specified by the Act, the guardianship of the population standard, as well as the conditions for the conversion of accommodation units, including:

1) the number of the population standards of the firefighter and his family members, depending on the position of the firefighter and his/her family state;

2) the models of applications for allocation, as well as the conditions for the conversion of dwellings;

3) the required documents, confirming the entitlement to apply for an assignment;

4) documents confirming the release by the firefighter of the hitherto occupied dwelling or house or reimbursement of the granted financial assistance.

Article 83a. [ Conclusion of the contract of rental of dwellings] 1. The Guardian, to whom the decision on the allocation of the dwelling was issued, contains the lease agreement with the owner of the premises or with the entity, administering and managing the allocated dwelling.

2. From the day of receipt of the dwelling, the firefighter pays the rent from the lease.

3. The transfer of the allocated dwelling shall be carried out on the basis of the protocol in which the technical condition of the premises and the degree of consumption of the technical devices in the premises are determined. The protocol shall be drawn up by the firefighter and the landlord and shall be the basis for the settlement of the return of dwellings.

4. The firefighter referred to in the mouth. 1, may introduce in the occupied premises the improvement only with the consent of the landlord and on the basis of a written agreement determining the manner of settlement of this title.

5. Rent for the tenancy of the premises referred to in paragraph. 1, shall be calculated according to the rules applicable to the premises of the housing stock of the municipality in which the premises are located.

6. The application of the lease shall cease when the decision to release the allotted dwelling is entitled to be released.

7. In matters arising from the mutual rights and obligations of the lessee and the landlord and in other cases not regulated in this Act, the rental of premises referred to in art. 76 (1) 1, the provisions of the Act of 23 April 1964 shall apply. -Civil Code (Dz. U. of 2017 items 459 and 933) and the Act of 21 June 2001. on the protection of the rights of the tenants, the housing share of the municipality and the amendment of the Civil Code (Dz. U. of 2016 r. items 1610).

8. disputes arising from the ratio of rental of dwellings referred to in art. 76 (1) 1, they settle the common courts.

Article 84. [ Right to a dwelling after dismissal] A firefighter discharged from a service who does not have the right to a dwelling under the conditions laid down in the provisions on the pension provision of the Police officers, the Internal Security Agency, the Intelligence Agency, the Military counterintelligence service, Military Intelligence Service, Central Anti-Corruption Bureau, Border Guard, Government Security Bureau, State Fire Service and Prison Service, and their families, retains the right to an allotted dwelling according to standards commonly in force or may be transferred to a convertible dwelling.

Chapter 9

Emoluments and other cash benefits of firefighters

Article 85. [ Rise of the entitlement to the emoluments] 1. The right to salary shall arise from the date of the appointment of the firefighter for the first post office.

2. From the title of the service the firefighter receives the salary and other cash benefits specified in the Act.

3. The average salary of the officers shall be a multiple of the amount of the basic amount, the amount of which shall be determined according to the separate rules of the budget law.

3a. By the average salary referred to in paragraph 1 (a), the average salary referred to in paragraph 1 3, the salary shall be understood together with 1/12 of the equivalent of the annual prize.

4. Multiplicity of the amount of the basic amount referred to in paragraph 4. 3, specifies the Council of Ministers by way of regulation.

Article 86. [ Ingredients of firefighter's emoluments] The salary of a firefighter shall be made up of basic salary and salary allowances.

Article 87. [ Additives to emoluments] 1. Firefighters shall receive the following supplements to the salary:

1) appendix per degree;

2. service allowance;

(2a) the incentive allowance;

3) (repealed)

(4) allowances justified by specific characteristics, qualifications, conditions or place of service.

5) (repealed)

2. Additives for permanent salary shall be those fixed at monthly rates.

3. A firefighter transferred to a position on which he/she has been levied so far as a permanent salary is not entitled or is entitled at a lower rate, he shall retain for a period of 12 months the right to those allowances in accordance with the rates applicable before the date of his or her death. a transfer, in full, where the transfer occurred as a result of:

1) the loss of the capacity to serve in the post, caused by an accident remaining in connection with the full service or illness arising from the specific conditions of that service;

(2) a decision of the total incapacity to serve as a medical commission in its position where it is not possible to transfer to a position equivalent to that position;

3) the liquidation of the position occupied, if there is no possibility of transfer to the equivalent position.

Article 88. [ Basic salary] 1. The basic salary of a firefighter shall be determined at the rate corresponding to the salary payable to the group of the salary payable on the official duty.

2. The basic salary of a firefighter shall increase from the title of the service of the years in the State Fire Service, from the date of documenting the service periods held, by 2% after 2 years of service and by a further 1% for each subsequent year of service up to 20% after 20 years of service and of the a further 2% for each subsequent 2 years of service over 20 years, up to 32% after 32 years of service. After 35 years of service, the increase in the basic salary of a firefighter is 35%.

3. The basis for the calculation of the increase referred to in paragraph. 2, shall be the basic salary fixed at the rate corresponding to the salary group.

4. The period of service from which the right to increase of the emoluments and the amount thereof depends also:

1) periods of service in: Police, Internal Security Agency, Intelligence Agency, Central Anti-Corruption Office, Border Guard, Government Security Office or Prison Service;

2) periods treated as equivalent to the service in the Police, the Internal Security Agency, the Intelligence Agency, the Border Guard, the Government Security Office, the State Fire Service or the Prison Service, listed in art. 13 (1) 1 of the Act of 18 February 1994. on the pensions of police officers, the Internal Security Agency, the Intelligence Agency, the Military Counterintelligence Service, the Military Intelligence Service, the Central Anti-Corruption Bureau, the Border Guard, the Government Security Office, the State Security Office Fire departments and Prison Service and their families;

(3) periods of work carried out in a working time of not less than half of the profession in question or in the post concerned;

(4) other periods if, by virtue of the separate provisions, they are included in the period of work on which the powers of the workers are dependent.

5. The Minister responsible for internal affairs, in agreement with the Minister for Labour, shall determine, by means of a regulation, the rates and groups of basic salaries of firefighters and the rate of pay allowances or the method of calculating them, and the way in which they are to be calculated; and the mode of passing of periods of service and of service to the period of service on which the right to increase of the emoluments depends, taking into account in particular:

1. the grade of post-service posts to individual basic salary groups;

2) the way of documenting the periods referred to in paragraph. 4;

3) the types of additives referred to in art. 87 (1) 1 point 4;

4. the conditions for the granting and the method of calculating the allowances referred to in Article 3 (1) of the basic Regulation. 87 (1) 1 points 2, 2a and 4, and the entities entitled to grant them and calculate them;

5) the circumstances taken into account in determining and amending the amount of the service allowance.

In addition, the Regulation also needs to take into account the hierarchy of official positions and the degree of responsibility for the position in question.

Article 89. [ The right to retain basic salary in the previously occupied position] 1. A firefighter transferred to a service post subject to a lower rate of basic salary shall retain the right to the rate of basic salary collected in the previously occupied position, until the higher rate of salary has been obtained, according to the business position.

2. Commandant of the Main State Fire Service in cases of particularly justified cases may allow the conduct of a firefighter transferred to a service post included in the lower salary of the basic right of grade should be based on the previous position.

3. The provision of the paragraph. 1 shall not apply to a firefighter transferred to a lower business position on the basis of an art. 38 par. 1, para. 2 (2) and (3) and (3) 3.

Article 90. [ Deadline for payment of basic salary and fixings of a permanent nature] 1. The basic salary and allowances for permanent emoluments shall be paid monthly in advance on the first working day of the month in respect of which the salary is payable.

(2) The Minister responsible for internal affairs may determine, by means of a regulation, fixed allowances which are payable in arrears, the time limit and the mode of payment thereof, taking into account the conditions of the service.

Article 91. [ Change of emoluments] 1. The change of salary shall take place on the date on which the circumstances justifying the change are in place.

2. If the entitlement to the emoluments has been created or changed during the month, the salary shall be calculated on the basis of 1/30 of part of the monthly salary for each day, until the end of the month, when the special provisions do not provide otherwise.

3. The right to emoluments shall expire on the last day of the month in which the firefighter's release from the service occurred or there were other circumstances justifying the termination of that right.

Article 92. [ The redress of claims on the right to emoluments and other benefits and cash receivables] 1. Claims for the right to salary and other benefits and cash receivables shall be statute-bargaining within 3 years from the date on which the claim became due.

2. The statute of limitation of the claim for salary and other benefits and monetary claims interrupts any act before the head of the organization unit subordinate to the minister competent for the internal affairs, competent to deal with claims, taken directly for the purpose of the investigation or the determination or satisfaction of the claim.

Article 93. [ Cash benefits of a keeper] 1. The following cash benefits are entitled to the Guardian:

(1) the management allowance;

2) prizes and oblivion;

3) the jubilee awards;

(4) additional remuneration for the performance of tasks outsourced outside the service obligations;

(4a) monetary compensation for the extended period of service referred to in Article 35 par. 9;

5. fees for travel and business transfers;

(6) benefits in connection with the exemption from service.

2. In the event of the death of a firefighter or a member of his family, shall be entitled:

(1) a funeral allowance;

2. postmortem briefes.

Article 94. [ Installation allowance] 1. The Guardian, in relation to the appointment of a permanent appointment, shall be entitled to the installation allowance of one month's basic salary together with the permanent allowances due on the day of appointment.

2. The strength referred to in paragraph. 1, shall not be entitled to the reestablishment of the business relationship, unless it has not yet been paid.

Article 95. [ Annual Award] 1. An annual prize of 1/12 of the salary received in the calendar year for which the prize is entitled shall be entitled to the service of the non-member service in a given calendar year.

2. (repealed)

3. (repealed)

4. An annual award shall be entitled if the firefighter in a given calendar year has served for a period of at least 6 calendar months.

4a. The emoluments referred to in paragraph 1. 1, not including the salary received during the period of suspension in business or temporary arrests, unless the final judgment of the criminal proceedings in the case of a criminal offence or a treasury or disciplinary action in the case of an act remaining in connection with the arrest or suspension of a business activity has been waived or a firefighter has been acquitted on the basis of a final judgment or a judgment on acquittal in disciplinary proceedings.

4b. To the period referred to in paragraph 1. 4, do not include periods of non-performance of work tasks for the following reasons:

1) use of unpaid leave;

2. interruptions in the performance of official duties for which the firefighter has not retained the entitlement to the emoluments referred to in art. 109;

3) suspension in business or temporary arrest, unless the final decision of the criminal proceedings in the case of a criminal offence or a treasury offence or disciplinary proceedings in a case of an act remaining in connection with the arrest or suspension in official duties was either waived or the firefighter was acquitted on the basis of a final judgment or a judgment on acquittal in disciplinary proceedings.

4c. The morals of the proceedings referred to in paragraph 1. 4a and paragraph Article 4b (3) does not apply to the conditional remission of criminal proceedings in the case of a criminal offence or a tax offence or a write-off of such proceedings on account of a statute of limitations or amnesty.

4d. The entitlement to the annual award shall be suspended for the period pending against the guardian of the criminal proceedings in the case of a criminal offence or a treasury offence or disciplinary action, of an act committed in the calendar year for which the award is granted.

4e. Where the annual prize has already been paid and the criminal proceedings in the case for the offence or the tax offence have not been completed by the day of release of the firefighter from the service, the suspension shall be subject to the fixing of the entitlement to the annual award for last year of service.

5. The condition referred to in paragraph. 4, shall not apply when determining entitlement to the annual award for the calendar year in which the firefighter:

1) benefited from parental leave, maternity leave, paternity leave, parental leave, leave on the terms of maternity leave;

1a) has benefited from the exemption from the exercise of business activities, for the reasons referred to in art. 185 § 2 or art. 188 of the Act of 26 June 1974. -Labour Code;

1b) benefited from the exemption from the exercise of business activities in the event of the birth of a firefighter's child, according to the provisions issued on the basis of art. 298 2 the Act of 26 June 1974. -Labour Code;

1c) benefited from the exemption from the exercise of business activities due to the need for personal care of the child referred to in art. 33 (1) 1 point 1 of the Act of 25 June 1999. on social security benefits in the event of sickness and maternity;

2) has been released from the service in connection with the acquisition of entitlement to a pension or an annuity under an art. 43 par. 3 (4) and (6);

3) died or was found to be missing.

6. The annual reward shall be reduced by no less than 50% in cases of:

1) committing a criminal offence or a treasury crime found by a final judgment of the court;

2) violations of professional discipline, found by the final decision of the Disciplinary Board;

3) receipt of the opinion of the service referred to in art. 38 par. 2 point 2.

7. The annual award shall not be granted to the watchdog in cases:

1) convict the final judgment of the court for a deliberate offence prosecuted from public prosecutions or a deliberate treasury offence;

2) committing the act, for which the watchdog has targeted one of the disciplinary penalties referred to in art. 117 par. 1 points 3 to 5;

3) exemption from service on the basis of art. 43 par. Article 2 (2) and (2) 3 pt. 4a.

8. The reduction or failure to award the annual prize shall be followed for the calendar year in which the firefighter committed the offence or act referred to in the paragraph. 6 points 1 and 2 and in paragraph. 7 (1) and (2), and if the award has already been paid, for the year in which:

(1) criminal or disciplinary proceedings have been terminated by a final judgment or

2) the firefighter was released from the service.

8a. In the case of a firefighter's service in the calendar year of service in various organisational units of the State Fire Service, an annual award shall be granted and paid in the unit which was in the given year the last place of its being fulfilled by him services.

9. The annual award shall be paid by 31 March of the calendar year following the year for which the prize is due.

Art. 95a. [ Cash and Advocates] 1. The guard may be awarded prizes in monetary or physical form, for the exemplary performance of business tasks, special achievements in service, realization of tasks in particularly difficult conditions or demanding significant effort.

2. The scar may be awarded forensic or personal forgotten in the case of individual random events, natural disaster, illness, death of a family member and other events resulting in deterioration of the firefighter's material situation and members of his family.

Article 95b. [ Prizes and Reward Fund] It is created in the organizational units of the State Fire Service of the prize fund and the help for firefighters.

Art. 95c. [ Subject authorised to award prizes and help] 1. Awards and oblivion referred to in art. 95 and 95a confer the manager entitled to appoint or appoint a firefighter for the post office.

2. The Chief Minister of the State Fire Service Award and Oblivion shall be granted the Minister responsible for internal affairs.

3. Commandant of the Main School of the fire service and its deputies, the director Research and development units The State Fire Brigade and its deputy commanders and commanders of the State Fire Service Award and Oblivion are awarded the Chief of the State Fire Service.

4. Commandant of the State Fire Service may award prizes and oblivion specified in Art. 95a to all subordinate firefighters, and the voivodship commanders to all firefighters serving in the district commanders of the State Fire Service in the area of the voivodship.

Art. 95d. [ Delegation] Minister for Internal Affairs, in consultation with the Minister for Labour and the Minister responsible for Social Security, with specific tasks to be carried out by the State Fire Service and the need for a ensuring that firefighters carry out their tasks in a reliable way, shall determine, by means of a regulation, the detailed conditions and mode of awarding the guardians of the prizes and inflows referred to in Article 95a, as well as the way of creating the prize fund and the help referred to in art. 95 and Art. 95b, the organisational units of the State Fire Service, where the prize fund is set up, and the ways in which it is to be set up and the conditions for an increase in its level for each of the authorising officers, with a view to a deliberate and rational policy in the field of the disposal of funds.

Article 96. [ Jubilee Award] 1. The guard shall have a jubilee award in the amount of:

1) after 20 years of service-75%,

2) after 25 years of service-100%,

3) after 30 years of service-150%,

4) after 35 years of service-200%,

5) after 40 years of service-300%

monthly basic salary, together with fixed-line allowances.

2. The Minister responsible for internal affairs, in agreement with the Minister responsible for labour, shall determine, by means of a regulation, the periods of service to which the acquisition of the right to the jubilee prize depends, and the detailed rules of that service. the calculation and payment.

Article 97. [ Additional remuneration for the performance of commissioned tasks] 1. The guard shall be entitled to an additional remuneration for the performance of the tasks assigned to it, going beyond the duties of the service.

1a. The Minister responsible for internal affairs shall determine, by means of regulations, the amount and the conditions for receiving the remuneration referred to in paragraph 1. 1.

2. The remuneration for the inventions made by firefighters, technical improvements and improvements regulates separate regulations.

Article 97a. [ Reimbursement of travel and accommodation costs and allowances] 1. A person who has been delegated to serve temporary duty in an organization in another place shall be entitled to reimbursement of travel and accommodation expenses and subsistence allowances, on the basis of official travel arrangements in the area of the country.

2. A trainee transferred to serve in a business unit in another locality shall be entitled to reimbursement of transfer and travel expenses and other benefits.

3. The Minister responsible for internal affairs in agreement with the Minister responsible for the work shall determine, by means of a regulation, the scope, the amount and the conditions for receiving the duties for the transfer of services.

Article 97b. [ Claims by the Guardian Guardian to perform tasks outsourced in another locality] A firefighter who has been delegated to carry out tasks in another locality shall be entitled to an amount receivable as laid down in the provisions on the amount and the conditions for determining the entitlements of a worker employed in a State or local government. a budget unit for a business trip within the country.

Article 97c. [ Deadline for the payment of monetary compensation due] 1. The monetary compensation referred to in Article 93 (1) 1 point 4a, per one hour of service, shall be 60% of the 1/172 of the average salary referred to in Article 1 (a) of the basic Regulation. 85 (1) 3, in force during the financial period.

2. The payment of monetary compensation shall be paid by the end of the quarter following the financial period, but not later than on the day of release from service.

Article 98. [ Allowances to be provided to the fireman in the event of release from the service] 1. A firefighter discharged from the service on the basis of art. 38 par. 4 and art. 43 par. 2 points 1, 2 and 5 and paragraph 5. Points 3 to 5 shall be replaced by the following:

(1) a brief;

(2) cash equivalents for unused holiday leave;

(3) a flat-rate cash equivalent for not used in a given year the passage referred to in Article 3 (3). 63.

2. A firefighter released on the basis of art. 43 par. Article 2 (2) shall be replaced by 50% of the grant and the cash equivalent referred to in paragraph 2. 1 point 2.

3. A firefighter released on the basis of art. 43 par. 2 points 4 and 6 and paragraph 6. Points 2 and 6 shall be equivalent to the cash equivalent referred to in paragraph 3. 1 point 2.

Article 99. [ Height of the briego] 1. The amount of the check-in for a permanent firefighter shall be equal to the height of the three months basic salary together with the permanent allowances due in the last official position. The allowance shall be increased by 20% of basic salary together with the fixed allowances for each further full year of service of more than five years of continuous service up to a maximum of six months ' salary together with a permanent positive allowance. The service period exceeding six months shall be counted as a full year.

2. In determining the amount of the brierow shall also take into account the periods of uninterrupted professional military service, if during the year after release from that service the soldier was admitted to the service of the State Fire Service and did not receive the briet from the title previously in service.

3. Paragraph Recipe 2 shall apply mutatis mutandis in case of service to the State Fire Service after dismissal from service in other services where such services are entitled.

4. The height of the check-in for the firefighter in the preparatory service shall be equal to the amount of one month's basic salary together with the permanent allowances due in the last official business position.

Article 100. [ Postmortem postmortem] 1. In the event of the death of a firefighter or the recognition of him as a dead survivor, the family shall be entitled to a postmortem clearance of the amount in which he would have been entitled, if he had been discharged from the service, and the provision referred to in art. 98 (1) 1 points 2 and 3.

2. The benefits referred to in paragraph. 1, the spouse of a firefighter who stayed with him in the marriage community and, in the subsequent order, to the children and parents if, on the day of the death of the firefighter, they fulfilled the conditions for obtaining the survivor's pension under the provisions on supply Civil Police Officers, Internal Security Agency, Intelligence Agency, Military Counterintelligence Service, Military Intelligence Service, Central Anti-Corruption Bureau, Border Guard, Government Security Office, State Fire Service, and The Prison Service and their families.

Article 101. [ Benefit of a permanent firefighter in connection with dismissal of the service] 1. A solicitor appointed on a permanent basis, released from the service under art. 43 par. 2 points 1 and paragraph 2 For the period of the year following the release of the service, the cash benefits of the amount corresponding to the basic salary, together with the fixed allowances collected on the last official position, shall be paid monthly for the period of the year after the release from the service.

2. A guard entitled to the benefit referred to in paragraph 2. 1, which has acquired the right to a pension provision, shall have the right to choose one of those benefits.

3. Guardianer released from the service on the basis of art. 43 par. 3 points 4 and 5, which, by reason of the continuing illness, cannot take up employment, shall be paid monthly on the cash benefits referred to in paragraph 3. In the case of an invalidity pension, the amount of the invalidity pension is calculated on the basis of the amount of the invalidity pension, which is the basis for the invalidity pension.

Article 102. [ Disable] The retaliate referred to in Article 99, as well as the benefits referred to in Article 99. 101 shall not be entitled to a firefighter who, immediately after discharge from the service, has been admitted to a professional military service or to any other service in which entitlement to such benefits is entitled.

Article 103. [ Funeral allowances] 1. In the event of the death of a firefighter, regardless of the postmortem briefcase referred to in art. 100, there is a funeral allowance of:

1) 4000 PLN if the funeral expenses are borne by the spouses, children, grandchildren, siblings or parents;

(2) costs actually incurred, but not higher than the amount specified in point 1, where the costs of the funeral are borne by another person.

2. If the death of the firefighter occurred as a result of an accident remaining in connection with the participation in the rescue operation, the costs of the funeral shall be covered by the resources of the appropriate organisational unit of the State Fire Service.

3. In the event of covering the costs of the funeral of a firefighter from the resources of the appropriate organizational unit of the State Fire Service, the persons mentioned in the mouth. 1 point 1 shall be entitled to half of the funeral allowance.

Article 104. [ Funeral allowance for a fireman in the event of the death of a member of his family] 1. In the event of the death of a member of the family, the guard shall be entitled to a funeral allowance of:

1) 4000 zł, if the cost of the funeral is borne by the firefighter;

(2) costs actually incurred, but not higher than the amount specified in point 1, where the costs of the funeral are borne by another person.

2. For a member of the firefighter's family referred to in the mouth. 1, shall be considered to:

1. spouse;

2. children's children, children of the spouse and children of the adopted children;

3) children raised within the foster family;

4) children admitted to education before reaching the age of age, if their parents are either dead or unable to provide them, or have been deprived or restricted in the exercise of parental authority;

5) parents and former legal guardians of the firefighter or his spouse;

6) the person whose legal guardian was established a firefighter or his/her spouse.

3. (repealed)

4. The Minister responsible for internal affairs shall determine, by means of a regulation, the conditions under which the competent organisational unit of the State Fire Service shall bear the costs of the funeral of a firefighter, taking into account in particular:

1) the type of funeral expenses, which may be covered by the resources of the appropriate organizational unit of the State Fire Service;

2) the amount of the amounts to cover these costs;

3) the documents required for the payment of the funeral allowance.

Article 105. [ Claims to be paid to the firefighter in the event of leave or exemption from business activities] 1. In the case of leave or exemption from business activities, the firefighter shall receive the basic salary, fixed-term salary allowances and other pecuniary receivables payable in the last official business position, taking into account the amount of such salary, the period of change affecting the right to emoluments and other monetary charges or on their amount.

2. The Minister responsible for internal affairs may determine, by means of a regulation, the principle of limitation in whole or in part of the payment of certain allowances to the emoluments during the period of leave of the firefighter's commemorative period.

Art. 105a. [ Monthly firefighter's salary for the period of maternity leave] 1. Monthly firefighter's salary for the period laid down in the provisions of the Act of 26 June 1974. -The Labour Code as the period of maternity leave, the period of leave on the terms of maternity leave and the period of paternity leave shall be 100% of the monthly salary referred to in art. 105 (1) 1.

2. Monthly firefighter's salary for the period laid down in the provisions of the Act of 26 June 1974. -The Labour Code as a period of parental leave shall be:

1) 100% of the monthly salary referred to in art. 105 (1) 1, for the period to:

a) 6 weeks of parental leave, in the case referred to in art. 182 1a § 1 (1) and Article 1 (1) 183 § 4 point 1 of the Act of 26 June 1974. -Labour Code,

(b) 8 weeks of parental leave, in the cases referred to in Article 182 1a § 1 point 2 and art. 183 § 4 point 2 of the Act of 26 June 1974. -Labour Code,

(c) 3 weeks of parental leave, in the case referred to in Article 183 § 4 point 3 of the Act of 26 June 1974. -Labour Code;

2) 60% of the monthly salary referred to in art. 105 (1) 1, for the period of parental leave falling after the periods referred to in point 1.

3. Monthly salary of a firefighter-a woman who, in the application, submitted no later than 21 days after childbirth, will request her, immediately after maternity leave, parental leave in full-time, amounts to 80% of the monthly salary, o This is a matter of the 105 (1) 1, for the entire period corresponding to the period of these leave.

3a. Where the salary of a firefighter reduced by an advance on the personal income tax calculated in accordance with the paragraph shall be taken in accordance with paragraph 3, the amount of the salary shall be calculated on the basis of 1-3, it is lower than the amount of the parental benefit, as defined by the Act of 28 November 2003. on family benefits (Dz. U. of 2016 r. items 1518 and 1579 and from 2017 items 60, 624 and 777), the amount of the firefighter's salary, less the advance payment on personal income tax, is increased to the amount of the parental benefit.

4. Paragraph Recipe 3 shall apply mutatis mutandis to the firefighter who, in the application, submitted not later than 21 days after the child has been admitted to upbringing and giving a request to the procurator court to initiate proceedings on the adoption of the child or after the child has been admitted as a foster family, with the exception of the foster family, it will be requested, directly after the leave on the terms of maternity leave, to parental leave on a full-time basis.

5. The Guardian, who, on the basis of a request made in the mode of the mouth. 3 or 4 received 80% of the emoluments referred to in paragraph 1. 3, in the case of the resignation of a full-time parental leave or the resignation of parental leave in the dimension referred to in paragraph. Article 2 (2) shall have a one-off payment of the salary received referred to in paragraph 2. 3, up to a maximum of 100%, provided that the salary is not collected for the period corresponding to the periods of such leave.

Art. 105b. [ Medical release] 1. During the period of residence on the sick leave, the firefighter receives 80% of the salary.

2. The medical exemption covers the period during which the firefighter is exempted from the business activities due to:

1) a firefighter's disease, including the impossibility of carrying out business activities for the reasons set out in art. 6 para. 2 of the Act of 25 June 1999. on social security benefits in the event of sickness and maternity;

2) donation of blood or its components in the organizational units of the public blood service or due to periodical examination of blood donors;

3) the need for the personal care of the sick child or the spouse of the firefighter, the child of the adopted child, the child adopted for the upbringing and maintenance, until the completion of the 14. year of life;

4) the need for personal care of the sick family member; for family members, the spouse, parents, parent of the firefighter's child, stepfather, stepmother, mother-in-law, grandparents, grandchildren, siblings and children aged over 14 years shall be considered to be members of the family, if they remain in the common household with a firefighter during the period of care;

5) the need for personal care for the child's own child or the spouse of the firefighter, the child of the adopted child, the child adopted for the education and maintenance, until the completion of the 8. year of life, in the case of:

(a) an unforeseen closure of a nursery, a children's club, a kindergarten or a school to which the child attends, as well as in the case of a non-sickness-sickness with which the parents have an activation contract referred to in art. 50 of the Act of 4 February 2011. on the care of children under the age of 3 (Dz. U. of 2016 r. items 157 and from 2017 items 60), or the daily caregiver, who is taking care of the child,

(b) childbirth or the disease of the fireman's spouse or parent of the firefighter's child, who is constantly taking care of the child, if the childbirth or illness makes it impossible for that spouse or parent to exercise custody of the child,

(c) the spouse of a firefighter or parent of a firefighter's child, who is constantly taking care of the child, in a hospital or other medicinal facility performing a medicinal activity in a type of stationary and 24-hour health benefit.

3. Exemption from business activities due to the necessity of the personal care referred to in the mouth. In the case referred to in paragraph 2, points 3 and 5 shall be granted for a period of not more than 60 days in the calendar year and in the case referred to in paragraph 2. 2 points 4-for a period of not more than 14 days in a calendar year, the total periods shall not exceed 60 days in a calendar year.

4. Paragraph Recipe 3 shall apply regardless of the number of children and other family members requiring care.

5. If the medical exemption covers the period during which the firefighter is released from the business activities due to:

(1) an accident which is in connection with the service,

2) disease arising in connection with specific properties or conditions of service,

3) accident on the way to the place of duty or on the way back from the service,

4) the disease accidentally during pregnancy,

5. to undergo the necessary medical examinations for candidates for donors of cells, tissues and organs and to undergo a procedure for the collection of cells, tissues and organs,

6) donations of blood or its ingredients in the organizational units of the public blood service or due to a medical examination of the blood donors,

7) stay on observation in the medicinal product as a result of referral by a medical committee

-he shall retain the right to 100% of the emoluments.

6. The right up to 100% of the emoluments shall also be entitled when the firefighter has been released from the official classes:

1) during the secondment to the implementation of the task outside the state of the state in the rescue group referred to in art. 49b (b) 1 point 1;

2) as a result of committing by another person a deliberate act prohibited in connection with the execution by a firefighter of a business activity, found by a decision issued by the authorized body;

3) as a result of acts of a heroic character made in particularly dangerous conditions, with a demonstration of exceptional courage, with the exposure of life or health, in defence of the right, inviolability of national borders, life, property or safety of citizens.

7. The union of exemption from business activities with the actions referred to in paragraph. 6, point 3, states, by decision, the supervisor of the firefighter.

8. From the decision referred to in paragraph. 7, the watchman shall have recourse to a superior superior.

Art. 105c. [ Medical Certificate] The period of time for medical exemption shall state the medical certificate issued in accordance with the provisions of Article 4 (1) (a). 55 par. 1 and Art. 55a ust. 7 of the Act of 25 June 1999. for sickness and maternity insurance monetary benefits or the printout of the medical certificate referred to in Article 55a ust. 6 of this Act, except that:

1. the cause of the inability to serve as a result of the necessary medical examinations for the candidates for donor cells, tissues and organs and the inability to serve as a result of undergoing treatment for the collection of cells, tissues and organs- the certificate issued by the doctor on ordinary printing in accordance with the provision of art. 53 (1) 3 of the Act of 25 June 1999. on social security benefits in the event of sickness and maternity;

2) in the case referred to in art. 105b ust. 2 point 2-attestasof the public body of the public blood service;

3) the cause of the incapacity referred to in art. 105b ust. 2 point 5 (a) a-statement of the firefighter;

4) in the cases referred to in art. 105b ust. 2 point 5 (a) b and c-a medical certificate issued by a doctor on a regular print;

5) in the case referred to in art. 6 para. 2 point 1 of the Act of 25 June 1999. for sickness and maternity cash benefits in the event of sickness and maternity, a decision issued by the competent authority or an eligible entity on the basis of the provisions on the prevention and control of infections and communicable diseases in humans.

Art. 105d. [ Deadline for the provision of a medical certificate and statement] 1. The advice of a medical certificate shall be carried out using the information profile referred to in art. 58 par. 1 of the Act of 25 June 1999. on the benefits of social security in the event of sickness and maternity, on the basis of the principles set out in that Act. The managers of the organizational units of the State Fire Service shall use or create the information profile of the contributor of the contributions referred to in art. 58 par. 1 of the Act of 25 June 1999. on social security benefits in the event of sickness and maternity.

2. The printing of the medical certificate referred to in art. 55a ust. 6 of the Act of 25 June 1999. on social security benefits in the event of sickness and maternity, the medical certificate referred to in art. 55a ust. 7 of this Act, or a certificate issued by a doctor on ordinary print in the cases referred to in art. 105b ust. 2 point 5 (a) b and c and in art. 105c item 1, the firefighter is obliged to provide the manager with the competent for his/her personal affairs within 7 days from the date of receipt.

3. The provision of an organisational unit of public blood service or the decision referred to in art. 105c (5), the firefighter is obliged to deliver to the competent supervisor within 7 days from the day of receipt.

4. The statement of the circumstances referred to in art. 105b ust. 2 point 5 (a), the firefighter shall be obliged to submit to the competent supervisor within 7 days from the day of their existence.

5. In the event of failure to comply with the obligations referred to in paragraph 1. 2-4, absence in service shall be deemed to be an unjustified absence, unless the failure to provide a certificate, statement or decision has occurred for reasons beyond the control of the firefighter.

Art. 105e. [ Audit] 1. The correctness of the adjudication of the temporary incapacity for service due to illness, the correctness of the use of the medical exemption, the fulfilment of the requirements of formal medical certificates and the statement of the firefighter referred to in art. 105c (3) may be subject to control.

2. The control shall carry out:

1) medical committees subordinate to the minister competent for internal affairs, in the case of the regularity of the adjudication of the temporary incapacity for service by reason of the illness and the correctness of the use of the medical exemption;

2. the competent supervisor, in terms of the regularity of the use of the medical exemption and the fulfilment of the requirements for formal medical certificates and the statement of the firefighter referred to in Article 4 (1) of the EC Regulation. 105c (3).

3. If, as a result of the check, the incorrect use of the medical exemption is established, the firefighter loses the right to pay for the entire period of dismissal.

4. If as a result of the inspection it will be established that the statement of the firefighter referred to in art. 105c (3) has been untruthfully complex, the firefighter loses the right to pay for the entire period of his dismissal.

5. If, as a result of checks, the medical committee determines the date of cessation of the incapacity for service earlier than the date of the medical certificate, the firefighter shall lose the right to pay for the period from that date to the end of the exemption.

(6) If, as a result of checks, it is established that a medical exemption has been falsified, the firefighter shall lose his entitlement to the emoluments for the entire period of exemption.

7. Control of the correctness of the use of medical exemptions is to determine whether a firefighter during the period of the case incapacity, including the exercise of personal custody of the child or other member of the family, does not make use of the medical exemption not in accordance with its purpose, and in particular whether it does not carry out any gainful employment.

8. Audit of the statement of the firefighter referred to in art. 105c (3) is to determine whether there has been an unforeseen closure of a nursery, a children's club, a kindergarten or a school to which a firefighter attends, or whether or not a nanny or a daily child's guardian has been on an exemption. -

9. The control of the correctness of the use of the medical exemption and the statement of the firefighter referred to in art. 105c item 3, carries out the person authorized by the manager of the firefighter.

(10) In the event of a finding in the course of a check that a firefighter performs a gainful employment or uses a medical exemption otherwise incompatible with his purpose, the monitoring person shall draw up a protocol in which he gives his/her incorrect application. the use of the medical exemption.

11. In the event of a finding in the course of the audit, that the statement of the firefighter referred to in art. 105c (3), is not true, the inspection person shall draw up a protocol.

12. The protocol shall be presented to the fireman in order to make possible observations. The firefighter's comments are confirmed by his own signature.

(13) On the basis of the findings of the minutes, the supervisor shall state the loss of the entitlement to the emoluments for the period referred to in paragraph 1. 3 or 4. The provision shall apply mutatis mutandis in the case of a notification by a medical committee to the minister competent for internal affairs as a result of the review by that committee of irregularities in the use of the medical exemption.

14. From the decision referred to in paragraph. 13, the watchman is entitled to a higher supervisor.

15. Control of the requirements of formal medical certificates consists in checking whether the certificate:

1) has not been falsified;

2) has been issued in accordance with the rules on the rules and mode of issuing medical certificates.

16. If, as a result of the checks referred to in paragraph 1, In accordance with Article 15 (1), there is a suspicion that a medical certificate has been falsified, and it is submitted to the doctor who has issued a medical certificate to clarify the case.

17. In the event of a suspicion that a medical certificate has been issued not in accordance with the rules on the rules and mode of issuing medical certificates, the supervisor requests an explanation of the case to the field organisational unit of the Insurance Institution Social.

Art. 105f. [ Grounds for a salary during the stay on sick leave] 1. The basis of the emoluments referred to in art. 105b, constitutes a basic salary, including permanent appendices, entitled to a firefighter in his last business position, taking into account the changes in that period which affect the right to emoluments and other claims or their height.

2. When calculating the salary for a period of residence on sick leave, it shall be accepted that the salary for one day of residence on sick leave shall be 1/30 of the salary referred to in Article 3. 105b.

3. Where a firefighter has already taken a salary for the period during which he has been on sick leave, he shall be withheld by the appropriate portion of the salary at the earliest possible payment.

4. The trainee who has been on sick leave in the last month of service shall be subject to the appropriate part of the salary of the duty exemption or the firefighter shall reimburse the relevant part of the salary on the day of the day of service of the service. It shall cease to be a service.

Art. 105g. [ The purpose of the financial resources obtained from the reduction of the emoluments] 1. The financial resources resulting from the reduction of the salaries of firefighters during the period of residence on sick leave shall be allocated in full to the discretionary awards for the performance of the duties of the firefighters in the exemption of firefighters. medicine.

2. The financial resources referred to in paragraph 2. 1, increase the prize fund and help the firefighters.

3. Chapter of the financial resources referred to in paragraph. 1, takes place at the end of the settlement period, lasting not less than one calendar month and no longer than 3 calendar months, with the choice of the clearing period dependent on the size of the financial resources obtained from the title reduction of firefighter's emoluments.

Art. 105h. [ The impact of the reduction of the salary for the period of residence on sick leave to determine the basis for the assessment of the other benefits] The reduction of basic salary together with allowances of a permanent nature for the period of residence on sick leave shall not be taken into account for the determination of the basis of the benefits referred to in Article 4 (1). 93 (1) 1 points 1, 3 and 6, art. 100 para. 1 and Art. 101 (1) 1.

Art. 105i. [ Annual summary of the reasons for the presence of firefighters on sick leave] 1. Commandant of the State Fire Service shall draw up an annual summary of the reasons for the presence of firefighters on medical dismissals, which shall be transmitted to the Minister responsible for internal affairs by the end of March of the following year.

2. In the list referred to in paragraph. 1, the total duration of the stay of firefighters on medical redundancies shall be indicated, taking into account the distribution for the reasons set out in the Article. 105b ust. 2, 5 and 6, and the average duration of the firefighter's residence on sick leave, including the average annual number of hours of non-performance by a firefighter.

3. The Minister responsible for the internal affairs shall determine, by means of a regulation, the model of the statement referred to in paragraph 1. 1, bearing in mind the need to ensure transparency of the information contained in the compilation.

Article 106. [ Directing the firefighter for training or for studies] 1. The firefighter may be directed to school, for training or for studies.

2. The Minister responsible for internal affairs shall determine, by means of a regulation, the types of facilities to which a firefighter may be directed, and the pecuniary entitlements of the firefighters in the cases referred to in paragraph 1. 1, and in particular:

1. the emoluments;

2) other cash benefits resulting from the wage regulations;

(3) the amount of the service allowance;

4) the financial lump sum for the commute to the place of learning;

5) the rules of payment for accommodation and meals during the course of the study.

Article 107. [ Suspension of payment of salaries] 1. The probation suspended in official activities shall be suspended from the nearest payment deadline of 50% of the salary due.

2. In the event of the repeal of the suspension in business activities, the firefighter shall be given a suspended part of the salary and the compulsory increase of the salary entered during the period of suspension, unless he has been released from the service due to the conviction of the final the sentence of the court or punished by disciplinary punishment of the expulsion of the service.

Article 108. [ Suspension of payment of salary as a result of temporary arrest of a firefighter] 1. The temporarily arrested watchman shall be suspended from the nearest payment deadline of 50% of the last payment due.

2. In the event of the cancellation of the criminal proceedings or the acquittal of the final judgment of the court, the fireman shall be given a suspended part of the emoluments and the compulsory increases of that salary introduced during the period of suspension.

3. The provision of the paragraph. 2 shall not apply where the criminal proceedings have been waived by way of statute of limitations or amnesty, and in the event of conditional remission of criminal proceedings.

Article 109. [ Suspension of the emoluments as a result of an arbitrary departure from the service of service] 1. The guardian, who has either exited or remains outside the service seat, shall be suspended from the nearest payment deadline. If the firefighter has already taken an unjustified absence for the time of his/her salary, the appropriate part of the salary shall be deducted at the earliest.

2. In the event of recognition of the absence as justified, the cease-fire shall be paid to the guard, and in the absence of the unjustified fireman shall lose for each day of the absence of 1/30 part of the monthly salary.

3. The provisions of the paragraph. 1 and 2 shall apply mutatis mutandis in the event of an unfolding failure by the firefighter to perform his duties.

4. A guard who starts a holiday free of charge within a calendar month shall be entitled to a salary of 1/30 of monthly salary for each day preceding the day of commencement of the free leave. If the firefighter has already taken up the salary for the period of unpaid leave, the corresponding part of the salary shall be deducted at the nearest payment.

Article 110. [ Deduction] 1. From the salary of a firefighter may be made by offsetting on the basis of judicial and administrative enforcement titles and on the basis of specific provisions-on the basis specified in the provisions on judicial enforcement or enforcement proceedings in administrative or other specific provisions, where the provisions of the Act do not otherwise provide.

2. By the salary referred to in paragraph 2. 1, the basic salary shall be understood, the appendices to the emoluments referred to in Article 1 shall be understood as basic salary, salary allowances, and 99 and the benefits referred to in Article 99. 97 and 101.

3. (repealed)

4. The Minister responsible for internal affairs shall determine, by means of a regulation, the organisational units competent to make the deductions from the emoluments and the procedure for dealing with such matters, taking into account in particular:

1) entities entitled to make deductions;

2. grounds for deductions;

3) how to deal with the withholding amounts.

Article 111. [ Disable the use of art. 110 (1) 1 and 2] Article Article 110 (1) 1 and 2 shall not apply to advances to be charged to the settlement and, in particular, for travel expenses. These receivables shall be deducted from the full amount of the salary, irrespective of the deductions from other titles.

Article 111a. [ Appropriate application of the provisions of the Civil Code] Cases relating to property claims for cash benefits arising from the service of firefighters shall be settled by the courts of employment. Provisions of the Act of 23 April 1964 -The Civil Code, relating to the consequences of default, shall apply accordingly.

Chapter 10

Candidate Service

Article 112. [ Admission to the candidate's service] 1. For admission to the candidate service may apply, on the basis of voluntary notification, a person meeting the requirements referred to in art. 28 para. 1, after submitting a commitment to the service of service after completion of the study.

2. The person admitted to the candidate service shall be taught at the selected school of the State Fire Service.

3. The education of the State School of Fire Service is suitable for a firefighter.

4. The Minister responsible for internal affairs shall determine, by means of a regulation:

1) the detailed rules, conditions and arrangements for admission to the candidate service;

2) detailed rules and mode of giving degrees to firefighters in the candidate's service;

3) conduct of the candidate service and detailed rules and mode of opinion of firefighters in the service of the candidate.

Article 113. [ Duty system] 1. A firefighter in the service of a candidate is full of service in a skillfully skossed system.

2. The firefighter in the service of the candidate receives:

1) accommodation, unification, special clothing and personal equipment and meals in kind or cash equivalents in exchange for meals;

2) cash benefits consisting of an essential monetary claim in the amount of the year of instruction, allowance for the degree and cost of travel for journeys to practice.

3. A firefighter in the service of a candidate can receive:

1) prize money or kind;

2) allowance for the maintenance of the family.

4. In the event of the death of a firefighter in the service of the candidate, the remaining family shall have the following:

1) postmortem odour;

2) funeral allowance.

5. The Minister responsible for internal affairs, in agreement with the Minister responsible for the work and the minister responsible for social security, will determine, by way of regulation, the amount and detailed rules for the granting of the benefits referred to in the in paragraph 2-4.

Article 114. [ Guardian rights of the candidate in the service of the candidate] 1. A firefighter in the service of a candidate shall have the right to time off in the dimension and dates resulting from the plans and curricula.

2. A firefighter in the service of a candidate shall be entitled, in respect of his tasks, the right of the firefighter as defined in the Art. 21 and 57.

3. Rules of art shall apply to firefighters in the service of the candidate. 29-30, art. 61 (1) 1-5 and mouth. 6 point 1, art. 67-69, art. 72 par. 1 and 2, art. 73, art. 97b, art. 103 (1) 2 and 3 and art. 115 -124n.

3a. A firefighter in the service of a candidate who, in connection with the service, suffered damage to his health or suffered damage to his property, receives compensation in the mode and conditions laid down for the fire-fighters. In the event of the death of a firefighter in the service of a candidate in connection with the service, the indemnification benefits are received by the survives of the family members.

4. To the firefighters in the service of the candidate who gave up their studies at the School of the State Fire Service or who have been expelled from this school, art is applied. 49.

Art. 114a. [ Student Self-Government and Student Self-Government] The firefighters in the service of the candidate at the School of the Main Fire Service create student self-government, and in the remaining schools-the student council. Self-government bodies are the only representatives of firefighters in the service of the candidate.

Article 114b. [ Grounds for the fire of a firefighter from the candidate's service] 1. A firefighter in the service of a candidate shall be released from the service in the event of:

1) loss of Polish citizenship or acquisition of citizenship of another country;

2) a decision by a medical commission of incapacity to serve;

3) statements in the opinion of the service of unsuitability for service;

4) lack of progress in science.

2. A firefighter in the service of a candidate can be released from the service at his request, within 3 months from the date of submission of the application.

Art. 114c. [ Indications of the expulsion of the firefighter from the candidate's service] 1. A firefighter in the service of a candidate shall be away from the service in the event of:

1) to convict the final judgment of the court against a custodial sentence or a custodial sentence;

2) to impose a disciplinary penalty of expulsion from the service.

2. Commandant of the State Fire Service may allow to remain in the service of a candidate firefighter sentenced to imprisonment with the conditional suspension of its execution.

Art. 114d. [ Termination of the candidate service] 1. A firefighter after serving a candidate shall be appointed a firefighter permanently.

2. The Guardian, after the completion of the teaching in the framework of the candidate's service, the Chief of the State Fire Service shall be headed to the permanent service in the indicated organisational unit of the State Fire Service. The decision to refer to the permanent service shall specify in particular the date of commencation of that service within a period of not more than 3 months from the date of completion of the study.

3. The termination of the candidate service shall take place on the day of the appointment permanently, but not later than the expiry of the 3 months from the date of completion of the study.

4. In view of the firefighter in the service of the candidate, during the period from the day of completion of the study at the School of the State Fire Service until the day of the appointment permanently, the provisions of art shall not apply. 113 (1) 1-3.

5. In the event of failure to take up the permanent service within the time limit indicated in the referral referred to in paragraph. 2, Commandant of the State Fire Service, on the motivated request of the person concerned, may restore the time limit for taking up the permanent service if the failure to take the service was due to the causes of the non-treating on the side of the person concerned. In such a case, the termination of the candidate service shall take place on the day of the permanent service, as indicated in the order for reinstatement of the term.

6. In the event of failure to take up the permanent service within the time limit indicated in the referral referred to in paragraph. 2, or within the time limit referred to in paragraph 2. 5, the Article shall apply mutatis mutandis. 49 (1) 1.

Art. 114e. [ The advance of the period of study in the fire schools to the term of the candidate's service] 1. (repealed)

2. The period of teaching in the fire schools before the establishment of the State Fire Service shall be included in the period of the firefighter's service on par with the candidate's service, provided that the period of interruption between the end of the study and the taking of the service has not exceeded 3 months.

Chapter 11

Disciplinary liability of firefighters

Article 115. [ Conditions for Disciplinary Action of the Disciplinary Watchdog] 1. The Guardian shall be liable to disciplinary action for the intricate, unleavened performance of duties, and for acts contrary to the complex vow.

2. The firefighter shall be liable to disciplinary action also for the offences or offences committed, regardless of the criminal liability.

Article 116. [ Appropriate application of certain provisions of the Penal Code] 1. Rules of Art. 115 § 18 and art. 318 and 344 of the Penal Code are applicable to firefighters.

2. For an act constituting a misdemeanor, committed as a result of the execution of a service order, the fireman shall be liable only to disciplinary action, unless he/she is intentionally misconduct a misconduct.

Article 117. [ Disciplinary penalties] 1. The disciplinary measures shall be as follows:

1. reminder;

2. reprimand;

3) designation for a lower business position;

4) lower degree;

5) expulsion from the service.

2. The measurement of the sentence, as defined in the paragraph. 1 points 3 and 4, it deprives the possibility of promoting a firefighter for a higher position or a degree for a period of one year after its execution.

Article 118. [ Avalification in writing] 1. For disciplinary reasons of lesser importance, unjustifying the initiation of disciplinary proceedings, the disciplinary supervisor may measure the penalty of admonition in writing, but not later than 3 months after the message has been taken. scroll.

2. From the sentence imposed by a disciplinary superior, the person concerned shall be entitled to an appeal to the competent disciplinary committee. In such a case, the Commission cannot rule on the disadvantage of the punished.

Article 119. [ Expiration] 1. The disciplinary responsibility of the firefighter shall cease if a year has elapsed since the time of committing the disciplinary proceedings; if disciplinary proceedings have been initiated during that period, disciplinary responsibility shall be established within 2 years of committing the act. (limitation of disciplinary responsibility).

(1a) If the final decision is repealed, the statute of limitations shall run from the date of that repeal.

1b. The disciplinary penalty shall not be executed if 3 years have elapsed since the date of the final decision (the limitation of the execution of the sentence).

2. If the act committed contains the marks of a crime, the disciplinary limitation shall not occur earlier than the statute of limitations provided for in the provisions of the Penal Code.

Article 120. [ Disciplinary manager] The guardian of the disciplinary watchman shall be the competent manager entitled to appoint or appoint.

Article 121. [ Disciplinary commissions] 1. In disciplinary matters, disciplinary committees shall be adjudicated:

1. for firefighters serving as a candidate:

(a) at first instance, the Disciplinary Board, acting on the Head of the Main School of the Main School of the Service,

(b) in the second instance, the Disciplinary Board of Appeal, at the Head of the State Fire Service;

2. for firefighters in the preparatory service and for permanent firefighters, with the exception of those mentioned in point 3:

a) in the first instance-Disciplinary Committees acting on the commanders of the Provincial Fire Service,

(b) in the second instance, the committee referred to in point 1 (b);

3) for firefighters serving in the Main Command, the School of the Main Fire Service and research and development units , with the exception of those mentioned in point 4:

(a) in the first instance, a disciplinary committee acting on the Head of the State Fire Service,

(b) in the second instance, the committee referred to in point 1 (b);

4) for the Commander-in-Chief and his deputies, provincial commanders and their deputies, commanders of the State Schools of Fire Brigade and their deputies, directors research and development units and their deputies and the director of the Central Museum of the Fire and his deputies:

(a) at first instance, the Commission referred to in point 1 (b),

(b) in the second instance, the Disciplinary Board of Appeal, with the Minister responsible for internal affairs.

2. The disciplinary commissions referred to in paragraph 2 shall be subject to the provisions of the Commission 1 point 1 (a), point 2 (a) a and point 3 (a) are appointed for a period of 4 years by the Commandant of the State Fire Service and consist of ten to thirteen firefighters: appeals of disciplinary committees are appointed for a period of 4 years by the minister competent for affairs ten to thirteen firefighters, and they are composed of ten to thirteen firefighters

2a. The composition of the Disciplinary Committee may be completed at any time. The provisions of the paragraph 3 and 3a shall apply mutatis mutandis.

3. Appointment of the Disciplinary Committees referred to in paragraph. For the purposes of Article 1 (1), point 2 (a), the following shall be agreed with the national trade union organisations.

3a. In the absence of an agreement as referred to in paragraph 1, 3, or the unacceptable candidacy within 30 days from the date of its submission, shall be immediately submitted to the next candidature. In the event of disagreement of this candidacy within 14 days from the day of its presentation, a member of the Disciplinary Board shall appoint the Chief of the State Fire Service at the request of the Commandant, at which the Disciplinary Board operates, and the member an appeal of the disciplinary committee of the Minister responsible for internal affairs at the request of the Commandant of the Chief State Fire Service.

4. Members of the Disciplinary Board shall elect a chairperson and two alternates from among themselves.

5. Members of the Disciplinary Board shall be unfolded in the field of disciplinary case law and shall not be bound by the decisions of other bodies applying the law, except in the case of final court judgments.

Article 122. [ Composition of the Disciplinary Board] 1. The disciplinary committee shall rule in the composition of the three members, and the appeals committee shall be composed of five members.

2. The composition of the adjudicatory panel of the disciplinary board and of the appeal of the disciplinary committee shall be appointed by the President, and in his absence, the Deputy.

3. The formation of the decision of the disciplinary committee and of the appeal of the disciplinary committee shall be chaired by the Chairperson or the Deputy.

Article 123. [ Disciplinary spokesperson] 1. A disciplinary spokesman shall be in disciplinary proceedings.

2. The Disciplinary Ombudsman shall determine, in the case of the case, the commander in charge of the disciplinary board of the first instance, of the officers serving in his/her head office of the State Fire Service, subject to the reservation of the paragraph 3.

3. In the case referred to in art. 121 (1) 1 point 4 (a), a disciplinary officer shall be appointed by the Minister responsible for internal affairs.

Article 124. [ Request for Disciplinary Proceedings] 1. A disciplinary officer shall submit a request for disciplinary action to be initiated at the request of the disciplinary supervisor, after prior checking.

2. A disciplinary officer shall be bound by the indications of a disciplinary supervisor.

Art. 124a. [ Right to use defenders] 1. The defender shall have the right to use the assistance of a defense counsel.

2. Defender in disciplinary proceedings may be indicated by an obviated firefighter, lawyer or legal counsel. The defender shall be entitled to represent the defended within the confines of the power of attorney granted.

Article 124b. [ Disciplinary proceedings] 1. The disciplinary committee shall issue the decision after the hearing and after hearing the votes of the disciplinary spokesperson, the blamed or his defender.

2. Upon receipt of the request for disciplinary action, the chairman of the committee shall set a time limit for the hearing and shall inform the disciplinary officer, the blamed and the defender, and shall, where necessary, call upon witnesses and experts.

3. The disciplinary proceedings in the first instance should be completed within 30 days from the date of the impact of the application. In justified cases, the procedure may be extended for a period of marked duration.

4. The unjustifiable failure of the disciplinary ombudsman, the blamed or his defense counsel shall not withhold the recognition of the case.

Article 124c. [ Disclosure of other rewinding in the course of the hearing] If, in the course of the hearing, a further rewinding is made in addition to the application for the initiation of a proceeding, the Commission may, as a matter of course, grant the decision only with the consent of the disciplinary officer and the blamed or defender; in the absence of such a request, the consent of the disciplinary supervisor may request a separate request for disciplinary action to be initiated.

Article 124d. [ The impact of the dissolution of the business relationship on the ongoing proceedings] In case of dissolution of the business relationship in the course of disciplinary proceedings, the proceedings are still pending.

Art. 124e. [ Justification of the decision of the disciplinary committee] 1. Justification of the decision of the Disciplinary Board shall be made in writing within 7 days from the date of notification of the decision.

2. The ruling, together with the justification, shall be served with the disciplinary and the blamed or defender's defender.

3. The disciplinary ruling may be made public after its legionance, on the basis of a resolution of the Disciplinary Board.

Article 124f. [ Appeal from the ruling of the disciplinary committee] A decision of a disciplinary committee issued in the first instance shall be entitled to an appeal to the blamed or to his/her defender and to the disciplinary officer. The appeal should be recognized within 7 days from the date of its impact to the appeal of the Disciplinary Board.

Art. 124g. [ Costs of the functioning of the Disciplinary Board and the costs of disciplinary proceedings] 1. The costs of functioning of the Disciplinary Committee shall be borne by the State The disciplinary committee shall be responsible for the costs of disciplinary proceedings.

1a. The costs of the defender of choice are blamed. In the event of an acquittal or a write-off of the defence costs, the disciplinary committee shall be settled.

2. Provisions on judicial costs in criminal matters shall apply mutatis mutandis to the establishment of the costs of disciplinary proceedings.

Art. 124h. [ Submission of the copy of the decision of the Chief Constable of the State Fire Service] 1. After the decision has been made, the chairman of the disciplinary committee or his/her deputy shall send a copy of the decision of the Chief Constable of the State Fire Service and to the Disciplinary Supervisor.

2. Paragraph Recipe 1 shall apply mutatis mutandis to the information on punishment by the disciplinary supervisor in accordance with Article 4 (1). 118 (1) 1.

Art. 124i. [ Addition of the write-off of the conviction to the personal file] 1. A copy of the final sentence of the guilty to disciplinary punishment shall be attached to the personal file of the punished.

(1a) The punishment shall be deemed not to have been the case, if the execution or limitation of the execution of the sentence has been:

1) the year has elapsed in the case of the sentence referred to in art. 117 par. 1 point 1,

2) 3 years have elapsed in the case of the penalties referred to in art. 117 par. 1 points 2 to 4,

3) elapsed 5 years in the case of the sentence referred to in art. 117 par. 1 point 5,

if no other convictions have been issued against the punished during that period.

2. Commandant of the State Fire Service, at the request of the punished, manages the removal of the write-off of the decision to punish the personal files in the cases referred to in the paragraph. 1a.

Article 124j. [ The complaint to the administrative court] The decision terminating disciplinary proceedings in the second instance of the party shall have a complaint to the administrative court.

Article 124k. [ Renewal of disciplinary proceedings] 1. The resumption of disciplinary proceedings may be punished or by its defender, the disciplinary supervisor or the minister competent for internal affairs.

2. The resumption of disciplinary proceedings for the disadvantage of the punished may occur if the remission of the proceedings or the issuing of the decision has occurred as a result of a criminal offence, or if, within 5 years of the remission or the decision, the decision comes to light, the circumstances or evidence which may justify the conviction or the severity of the stricter penalty.

3. The resumption of proceedings for the benefit of a punished may occur if new circumstances or evidence emerge, which may justify the acquittal or metering of the lenient penalty.

4. In the event of death of a punished application for the reopening of proceedings may be submitted to his spouse, relatives in a straight line, siblings, apprents or assists, and a disciplinary spokesperson.

Article 124l. [ Measuring the sentencing of a penalty by the authorities set up to give rulings in cases of misconduct] The authorities set up to adjudicate in cases of misconduct shall notify the competent disciplinary officer of the enforcement of the penalty of the fire.

Art. 124m. [ Delegation] The Minister responsible for internal affairs shall determine, by means of a regulation, a detailed organisation of disciplinary committees and detailed rules for the implementation of disciplinary penalties.

Article 124n. [ Adequate application of the Code of Criminal Procedure] In cases not covered by this Chapter, the provisions of the Code of Criminal Procedure shall apply in the field of disciplinary proceedings.

Chapter 12

Transitional and final provisions

Article 125. (bypassed)

Article 126. [ Consequences of creating PSP] 1. At the time of the establishment of the State Fire Service, the fire protection organization units and the positions referred to in Article shall be removed. 2 of the Decree of 27 December 1974. of the service of fire officers (Dz. U. Entry 321, of 1975. items 106, of 1988 items 132 and 1990. items 198).

2. (bypassed)

Article 127. (bypassed)

Article 128. (repealed)

Article 129. [ Transitional provision] 1. To date, fire officers shall become the firefighters of the State Fire Service, if, within 1 month of the entry into force of this Act, they express written consent to this effect.

2. The firefighters referred to in the mouth. 1, they retain the continuity of service.

2a. The continuity of service referred to in paragraph 2. 2, include periods of study in the fire schools.

3. The officers of the fire department, who fail to take up the service of the State Fire Service, shall be exempt from the powers provided for in the Decree of 27 December 1974. of the service of the fire officers, unless they have been granted exemption from service under more favourable conditions.

4. The officers of the fire referred to in paragraph. 3, they acquire the right to the compensatory allowance under the provisions of the Act of 28 December 1989. with special rules for the resolution of labour relations workers on grounds relating to the work establishments and on the amendment of certain laws (Dz. U. of 1990 items 19, 59 and 298 and 1991. items 372).

5. Expenditure on financial benefits for existing fire officers to be released for the reasons referred to in paragraph 1. 3, they are covered by the funds of existing employers.

6. The firefighters referred to in the mouth. 1, not appointed or unnamed for official duties in the State Fire Service until 30 June 1999, shall lose the status of the firefighter of the State Fire Service with the expiry of that period. Article Recipe 55 shall apply mutatis mutandis.

7. The period of employment of the firefighters referred to in paragraph. 1, in fire protection units or in positions on which they have carried out fire protection operations from 1 February 1992:

1) until the day of appointment or appointment to the service posts in the State Fire Service, however, no longer than the expiry of the term specified in the paragraph. 6, shall be treated as a service in the State Fire Service;

2) not appointed or unnamed for official duties in the State Fire Service, until the end of this period, however, no longer than until the expiry of the period specified in the paragraph. 6, shall be treated as a service in the State Fire Service solely within the meaning of the provisions on the pension provision of the Police officers, the State Protection Office, the Border Guard, the State Fire Service and the Prison Service and their families.

8. Commandant of the State Fire Service states the termination of the period of employment of the firefighters referred to in the mouth. 7 point 2, treated as a service in the State Fire Service.

9. The decision referred to in paragraph 1. 8, shall be treated for pension purposes as a decision on exemption from service in the State Fire Service.

10. The watchmen referred to in the mouth. 7 point 2, the amount of the pension salary shall be determined by the Chief of the State Fire Service, taking as a basis the salary of the firefighter of the State Fire Service at the rates in force on the date of the ending of the period of employment treated as a service in the State Fire Service, entitled on a position comparable to the position occupied on the day ending that period.

(11) The Minister responsible for internal affairs will determine, by means of a regulation, the detailed arrangements for determining the salary to be taken as a basis for the pensions of firefighters who have not been appointed or appointed as service posts in the State Fire Service.

Article 130. (bypassed)

Article 131. (bypassed)

Article 132. (bypassed)

Article 133. (bypassed)

Article 134. [ Repealed provisions] On the entry into force of the Act, the Decree of 27 December 1974 is repealed. of the service of fire officers (Dz. U. Entry 321, of 1975. items 106, of 1988 items 132 and 1990. items 198), except for Art. 32 par. 1 point 6, art. 39 (1) 2 and Art. 40, which are repealed with the creation of the State Fire Service.

Article 135. [ Entry into force] The Act shall enter into force on 1 January 1992.

[ 1] Currently, research institutes, on the basis of art. 49 of the Act of 30 April 2010. -Provisions implementing the law reforming the system of science (Journal of Laws of the European Union) 620; ost. zm.: Dz.U. z 2012 r. items 756), which entered into force on 1 October 2010.

[ 2] The Act expired on 1 October 2010. based on art. 8 of the Act of 30 April 2010. -Provisions implementing the law reforming the system of science (Journal of Laws of the European Union) 620; ost. zm.: Dz.U. z 2012 r. items 756), which entered into force on 1 October 2010.

[ 3] The Act expired on 1 September 2005. based on art. 276 point 2 of the Law of 27 July 2005. -Law on higher education (Dz. U. Entry 1365), which entered into force on 1 September 2005.

[ 4] Currently medicinal products, on the basis of art. 26 par. 1 of the Act of 6 September 2001. -Regulations introducing the Act-Pharmaceutical law, law on medical devices and the Act on the Office for Registration of Medicinal Products, Medical Devices and Biocidal Products (Journal of Laws of the Law on Medical Devices). 1382; ost. zm.: Dz.U. z 2007 r. items 492), which entered into force on 1 October 2002.

[ 5] It has lost power in the area governed by the Law of 6 February 1997. about universal health insurance (Journal of Laws of the 153), which entered into force on 1 January 1999, on the basis of art. 170 point 24 of this Act.

[ 6] It has lost power in the area governed by the Law of 6 February 1997. about universal health insurance (Journal of Laws of the 153), which entered into force on 1 January 1999, on the basis of art. 170 point 24 of this Act.

[ 7] At present, the total incapacity for work and the inability to live independently, on the basis of art. 10 para. 2 point 1 of the Act of 28 June 1996. to change some of the laws on pension provision and social insurance (Journal of Laws item. 461), which entered into force on 1 September 1997.

[ 8] Currently, the total incapacity for work, on the basis of art. 10 para. 2 point 2 of the Act of 28 June 1996. to change some of the laws on pension provision and social insurance (Journal of Laws item. 461), which entered into force on 1 September 1997.

[ 9] Currently, the provisions on pensions from the Social Insurance Fund, on the basis of art. 192 of the Act of 17 December 1998. about pensioners and pensions from the Social Insurance Fund (Journal of Laws of 2016 items 887; ost. zm.: Dz.U. z 2017 r. items 715), which entered into force on 1 January 1999.

[ 10] Currently, total or partial incapacity for work, on the basis of art. 10 para. 1 of the Act of 28 June 1996. to change some of the laws on pension provision and social insurance (Journal of Laws item. 461), which entered into force on 1 September 1997.