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The Law Of 24 August 1991 On Fire Protection

Original Language Title: USTAWA z dnia 24 sierpnia 1991 r. o ochronie przeciwpożarowej

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ACT

of 24 August 1991

o fire protection

Chapter 1

General provisions

Article 1. [ Fire Protection] Fire protection shall consist in the execution of projects aimed at protecting life, health, property or the environment from fire, natural disaster or other local threat by:

1) preventing the emergence and spread of a fire, natural disaster or other local threat;

2) providing forces and means to combat fire, natural disaster or other local threat;

3) conducting rescue operations.

Article 2. [ Definitions] Whenever there is a law in the law:

1. to prevent the emergence and spread of a fire, natural disaster or any other local threat, shall mean:

(a) to ensure the necessary conditions for technical protection of immovable property and moveable property,

(b) the creation of organisational and formal conditions ensuring the protection of persons and property, as well as combating the emergence or minimising effects of a fire, a natural disaster or any other local threat;

2. rescue efforts shall mean any action taken to protect life, health, property or the environment, as well as to eliminate the causes of the fire, natural disaster or other local threat;

3) other local threats-it is understood by this event resulting from the development of civilisational and natural natural laws that are not a fire or natural disaster, which pose a threat to life, health, property or the environment, to which the prevention of or whose removal of effects does not require the application of exceptional measures;

(4) the national rescue and fire-extinguishing system shall mean an integral part of the internal security organisation of the State, including, for the purpose of saving lives, health, property or the environment, forecasting, identifying and combating fires, disasters and disasters. natural or other local threats; this system brings together fire protection units, other services, inspections, guards, institutions and entities that have voluntarily agreed to co-operate in the rescue operations.

Chapter 2

Prevention of fire, natural disaster or any other place of danger

Article 3. [ Protection against fire hazard] 1. A natural person, legal person, organization or an institution using the environment, building, facility or land shall be obliged to secure them from the fire hazard or other local threat.

2. The owner, manager or user of the building, object or land, as well as the entities referred to in the paragraph. 1, bear the responsibility for the violation of fire regulations, in the mode and on the principles set out in other regulations.

Article 4. [ Responsibilities of the owner, manager and user of the building] 1. The owner of a building, a construction object or a site, providing their fire protection, shall be obliged:

1) comply with the fire protection requirements of technical-construction, installation and technological;

2) equip the building, the building object or the area in the required fire fighting equipment and fire extinguishers;

3. ensure the maintenance and repair of fire-fighting equipment and fire extinguishers in such a way as to ensure their smooth and reliable functioning;

4) provide the persons staying in the building, the construction site or on the premises, safety and possibility of evacuation;

5) prepare the building, the building object or the area for carrying out the rescue operation;

6) familiarius employees with fire regulations;

7. establish ways of dealing with the emergence of a fire, a natural disaster or any other local threat.

1a. Responsibility for the implementation of the fire protection obligations referred to in paragraph 1. 1, according to the duties and tasks entrusted with regard to the building, the building or the site, takes over, in whole or in part, their administrator or user, on the basis of the concluded civil law agreement establishing the Management Board or the use. Where such an agreement has not been concluded, the responsibility for the implementation of the fire protection obligations shall lie with the building, construction or terrain in fact.

2. Fire protection activities may be carried out by persons with appropriate qualifications.

2a. Persons performing fire protection activities, including the activities referred to in paragraph 2. 1, consisting in the prevention of the formation and spread of fire, not employed in the fire protection units referred to in art. 15 points 1a-5 and 8, shall hold the title of a professional fire engineer or completed at the School of the Main Fire Service of higher education in the field of safety engineering in a fire safety engineering specialty.

2b. Persons not employed in the fire protection units referred to in art. 15 points 1a to 5 and 8, which perform the operations only in the field of the mouth. 1, shall have at least secondary education and the powers of the fire protection officer or qualification to practises the profession of fire techniques.

3. (repealed)

Article 4a. [ Privileges of the fire protection officer] 1. The powers of the fire protection officer shall acquire for a period of 5 years the person who has completed:

1) training of fire protection inspectors or

2) training updating fire protection inspectors

-hereinafter referred to as "training".

2. Completion of the training shall be determined by the certificate of completion of the training of fire protection inspectors or a certificate of completion of the training of the fire protection inspectors updating the fire protection inspectors.

3. The period of 5 years for which the privileges of the fire protection officer shall be acquired shall count from the date of issue of the certificate of completion of the training.

4. Training updating of fire protection inspectors shall be completed during the period of validity of the acquired privileges of the fire protection officer.

5. Training conducts the schools of the State Fire Service, the training centres of the State Fire Service and the research institutes of the State Fire Service.

6. Training for the protection of fire protection of organizational entities subordinate to the Minister of National Defence or by him supervised by the Military Fire Protection.

7. Training programmes shall be developed and approved by the General Headquarters of the State Fire Service.

8. A fee shall be charged for the training.

9. The training fee is up to 50% of the amount of the average remuneration in the national economy in the calendar year preceding the training, announced by the President of the Central Statistical Office in the Official Gazette of the Republic of Poland " Monitor Polish " on the basis of art. 20 pt. 1 lit. and the Act of 17 December 1998. o pensions from the Social Insurance Fund (Dz. U. of 2015 items 748, of late. zm.).

10. Information on the amount of the training fee for the entities referred to in para. 5, they post on their website.

11. The training fee shall be:

1) in the case of the training centres of the State Fire Service-the revenue of the voivodship fund referred to in art. 19g point 2 of the Act of 24 August 1991. o State Fire Brigades (Dz. U. of 2013 r. items 1340, with late. zm.);

2) in the case of the Main School of the Fire Service-the income referred to in art. 98 (1) 1 point 3 of the Act of 27 July 2005. -Law on higher education (Dz. U. 2012 r. items 572, late. zm.);

3) in the case of schools of the State Fire Service conducted by the minister competent for internal affairs-the income referred to in art. 11a of the Act of 27 August 2009. on public finances (Dz. U. of 2013 r. items 885, as late. zm.);

4) in the case of the remaining schools of the State Fire Service-the income of the fund of the State School of Fire Service referred to in art. 19g point 3 of the Act of 24 August 1991. o State Fire Brigades;

5) in the case of the research institutes of the State Fire Service-the revenue referred to in art. 18 (1) 7 of the Act of 30 April 2010. o research institutes (Dz. U. of 2015 items 1095).

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

1) the scope of training of fire protection inspectors and the training of updating fire protection inspectors,

2) elements of training programs of fire protection inspectors and training updating of fire protection inspectors,

3) Model:

(a) attestations of the completion of training of fire protection inspectors,

(b) a certificate of completion of the training of the fire protection inspectorate,

4) the manner and mode of payment of the training fee

-guided by the nature of the tasks provided for persons performing fire protection operations referred to in Article 4 par. 1, the need to preserve the substantive and didactic standards of training and to ensure the uniformity of the training programmes in the field of fire protection and the certificates issued, as well as the efficiency of the organisation of recruitment for training.

Article 5. [ Obligation to connect signalling and alarm equipment] Owner, manager or user of the building, building or site, covered by the mandatory use of fire alarm systems, equipped with alarm and alarm equipment, where, in this building, the construction site or on the site does not operate its own rescue unit, it is obliged to connect these devices with the object of the command of the State Fire Service or the object, indicated by the local district commandant (urban) of the State Fire Service.

Article 6. [ Obligations on land use and treatment] 1. The competent offices, institutions, organizations, entrepreneurs or natural persons shall be obliged to take into account the requirements for fire protection in the management and treatment of the site.

2. The authors of the design documentation are obliged to ensure its compliance with the requirements of fire protection.

2a. (repealed)

3. The obligation to meet the requirements of fire protection protection also on the manufacturer of machinery, equipment and other devices and the purchaser of foreign licences or machinery, equipment and other products derived from the import.

4. The obligation referred to in paragraph 1 3, pregnancy also on the user of machines, devices and other devices.

5. The commencment of operation of a new, reconstructed or renovated building, facility or land, machine, device or installation or other product may take place only if:

1) fire requirements have been met;

2. equipment, fire and rescue equipment and fire extinguishing agents shall ensure effective fire protection.

6. The Investor is obliged to inform the district commandant (city) of the State Fire Service responsible for the location of the investment of the completion of construction of the building object, due to the need to ensure the protection of life, health, property or environment from fire, natural disaster or other local threat and of its intention to accede to its use, in order to address the position referred to in Article. 56 of the Act of 7 July 1994. -Building law (Dz. U. of 2013 r. items 1409, with late. zm.).

7. The district chief (city) of the State Fire Service in the position of the post shall immediately notify the competent commander of the State Fire Service and the competent authority of the architectural and construction administration and the supervisory authority. construction on objections to the solutions contained in the construction project agreed in terms of compliance with the requirements of fire protection by the expert on fire protection matters, hereinafter referred to as the "assessor".

Article 6a. [ Solutions for replacement fire protection requirements] 1. Fire protection requirements for construction sites or areas may be in the cases specified in the fire protection regulations met in a manner other than those specified in those provisions, if the proposed solutions interchangeable in relation to fire protection requirements shall limit the possibility of fire, and in the event of its occurrence:

1) ensure the carrying capacity of the structure for a specified period of time;

2) ensure the limitation of the spread of fire and smoke inside the building object;

3. ensure a reduction in the spread of the fire to the adjacent building facilities or adjacent areas;

4) ensure the possibility of evacuation of people or their rescue in any other way;

5) take into account the safety of rescue crews.

2. Commandant of the State Fire Service competent for the place of the investment location on the justified technical expertise of the investor's application or the owner of the construction object or the site concerned with the interchangeable solutions in relation to fire protection requirements, may, by means of the provisions to which the complaint is used:

1) consent to the use of replacement solutions;

2) consent to the use of replacement solutions provided the additional requirements specified in the order are met;

3) do not consent to the use of replacement solutions.

Article 6b. [ Construction design project and fire equipment design] Construction project of a building object relevant due to the need to ensure the protection of life, health, property or environment from fire, natural or other local threat and the design of the fire device require arrangements with the valuer in terms of compliance with the fire protection requirements, hereinafter referred to as 'the agreement'.

Article 6c. [ A construction project containing solutions other than those resulting from fire protection regulations] Where the construction project contains solutions other than those resulting from the fire protection regulations, the assessor may agree on a construction project if it is attached to it:

1) consent to the derogation from the technical and construction regulations referred to in art. 9 of the Act of 7 July 1994. -Building law;

2) consent to the use of replacement solutions or consent to the use of replacement solutions expressed as required to meet additional requirements.

Article 6d. [ Agreeing a construction project for a construction site] 1. The remark may agree on the construction project of the building object without comments or with comments. The arrangement of the construction project is confirmed by the stamp and signature by the dressing.

2. The remark shall send a notice of agreement to the construction object of the construction object of the Provincial Commander of the State Fire Service, to the location of the investment location within 14 days from the date of agreement of the construction project.

3. The notice of agreement shall include the designation of the author of the design documentation, the name and location of the facility and the data concerning the conditions of fire protection of the construction object.

4. In the case of a construction project project, which under the provisions for the protection of classified information is given the "secret" or "top secret" clause, no notice of its arrangement shall be made.

Art 6e. [ Cancellation of reconciliation] 1. The Commander of the State of the State Fire Service competent for the place of the place of the object until the date of obtaining the permit for its use invalidates the reconciliation of the construction project design, which contains the solutions incompatible with fire protection requirements which have a significant impact on the fire safety status of the building object.

2. Reconstruction of the construction object of the construction object shall be invalidated by means of the provisions for which the complaint is entitled.

3. The provincial chief of the State Fire Service shall inform without delay the competent authority of the architectural and construction administration and the construction supervision authority to annul the arrangement.

4. In the event of cancellation of the arrangement, the commander of the State Fire Service, competent for the location of the building object, may at the request of the investor:

1) in cases of particularly justified allow the possibility of compliance of fire protection requirements in a way other than specified in the fire protection regulations, if the application demonstrates the fulfilment of the conditions referred to in art. 6a par. 1; Article provision 6a par. 2 shall apply mutatis mutandis;

2) by means of the order to agree on a revised or developed construction project for a construction site.

5. The Investor for the request to agree on the construction project of the building object shall be accompanied by at least 5 copies of this project.

Article 6f. [ Construction design project agreed by the voivodship commandant of the State Fire Service] 1. The construction project of the building object agreed by the commander of the voivodship of the State Fire Service shall be stamped with the stamp of the body and shall transfer to the investor together with the order.

2. One copy of the construction project of the building object shall remain in the file of the body of the body.

Article 6g. [ Delegation] The Minister responsible for internal affairs shall determine, by means of a regulation:

1) types of building objects relevant to the need to ensure the protection of life, health, property or environment from fire, natural disaster or other local threat, whose construction projects require a reconciliation,

2) basic data concerning the conditions of fire protection of the building object, which should be the basis of the reconciliation,

3) a detailed way of making the arrangements of the construction project,

4) the specimen of the stamp confirming the reconciliation of the construction project design,

5) the manner and scope of the notice of agreement of the construction project

-taking into account the purpose and technical characteristics of the construction works, including those concerning fire protection conditions, the efficiency of the reconciliation process of construction works projects and notification of this arrangement and that the stamp must identify the appraisal that is making the reconciliation.

Article 7. [ Products for fire protection] 1. Products serving to ensure public safety or health and life protection and property, put into service in fire protection units and used by those bodies to alarm fire or other hazards, and Rescue operations, as well as hand-held products for fire-extinguishing equipment, may only be used after being approved for use.

2. Admissibility for use of the products referred to in paragraph 2. 1, hereinafter referred to as "clearances", in the form of a certificate of admission, shall issue Research and development units [ 1] The State Fire Service, designated by the Minister responsible for internal affairs.

3. Clearances shall be issued for a fixed period of not more than 5 years.

4. The admission may be issued on the basis of:

1) a positive assessment of the performance characteristics of the duly identified product, confirmed, depending on the needs: research, expert opinions or other documents, if this is due to the conditions of use of the device;

2) a positive assessment of the technical and organizational conditions of the manufacturer of the product.

5. The assessments referred to in paragraph 5. 4 (1) shall be made on the basis of the Polish Standards and, in the absence thereof, the technical and utility requirements laid down in the Regulation referred to in paragraph 1. 14. The assessments referred to in paragraph 1. Article 4 (2) shall be based on the standards for quality management systems.

6. In the case where the product has been:

1) under the law produced or admitted to trading in another Member State of the European Union or in the Republic of Turkey,

2) according to the law produced in another Member State of the European Free Trade Agreement (EFTA) being a party to the Agreement on the European Economic Area

-the clearance appears after the determination that the safety level of the product is not lower than that specified in the Polish Standards or technical and utility requirements.

7. The approved product shall be marked by the manufacturer with a mark Research and development units The State Fire Service, which issued the admission.

8. During the period referred to in paragraph. 3, the products for which the authorisation was granted shall be subject to conformity checking of the product with the technical requirements, carried out by the research and development unit The State Fire Service, which issued the admission.

9. In the case of the negative results of the checks referred to in paragraph. 8, research and development unit The State Fire Service, which issued the authorisation, may withdraw it.

10. For the activities related to the release and modification of the authorisation and to the control referred to in paragraph 1. 8, fees are charged.

11. The fee for activities related to the release or modification of the release of products shall have an impact:

1) the type of activity performed;

(2) the type of product;

(3) the complexity of the product or the evaluation programme;

4) the cost of the work on the basis of a documented number of hours of work and hourly rate;

(5) the cost of tests of a product depending on the scope of

12. Only the costs associated with the examination of this product shall be affected by the fee for checking the conformity of a product with technical requirements.

13. The Minister responsible for internal affairs shall determine, by means of a regulation, the detailed steps to be carried out in the subsequent stages of the authorisation, amendment and inspection of the authorisation, the entity authorised to collect the fees, and the manner in which they are to be determined the amount, taking into account the fact that they should ensure that the costs of the clearance process and its inspection should be covered.

14. The Minister responsible for internal affairs, guided by the need to ensure the protection of life, health, property or environment from fire, natural disaster or other local threat, will determine, by means of a regulation:

1. the list of products referred to in paragraph 1. 1;

2) technical and utility requirements of the products;

3. the mode of issue, alteration and revocation of the clearance;

4) mode of carrying out clearance checks;

5. the method of marking the products.

Article 8. [ Use of fire protection services] The use by the owner, manager or user of the building, facility or site from fire protection services is voluntary.

Article 9. [ Obligation of notification of fire] If you notice a fire, a natural disaster or other local threat, you must immediately inform the persons in the danger zone and: the emergency notification centre or fire protection unit or the Police or the Chief of the Police or a soloist.

Article 10. (repealed)

Article 11. (repealed)

Article 11a. [ Participating in reviews] Members of the volunteer fire brigades may participate in the inspections carried out by the municipalities in the framework of the implementation of fire protection tasks.

Chapter 2a

Fire safety assessors

Article 11b. [ Rzeczpospolica] 1. A person who has the following may be a person who has:

1) the qualifications required for the pursuit of the profession of fire engineer or holds the professional title of an engineer or master engineer, and

2) professional preparation attested by a positive test submitted.

2. Examination of professional preparation includes knowledge of the laws and rules of technical knowledge concerning fire protection and the ability to apply the requirements included in them and the selection of fire protection measures according to these requirements.

Article 11c. [ Exam] 1. Examination shall be carried out by the Examination Board at least once a year.

2. The Chief of the State Fire Service shall appoint and dismiss the members of the Selection Board, and shall appoint its Chairman, Deputy and Secretary. The Selection Board shall be composed of at least 7 members appointed from among the assessors.

3. The exam consists of parts:

1) a written knowledge of the provisions of law and technical knowledge concerning fire protection and the selection of fire protection protection;

2) an oral solution to solve the problems in the scope of the appraisal activity in the example of the cases described.

4. The result of the examination shall be referred to as "positive" or "negative".

5. The condition of admission to the oral part of the examination is to obtain a positive result from the part of the written examination. The negative result from the part of the written exam is a negative result from the exam.

6. A person seeking the right to exercise the profession of a valuer may be exempted from part of the written examination if he has at least a 10-year practice:

1) in the performance of control and reconnation activities within the meaning of art. 23 (1) 3 of the Act of 24 August 1991. of the State Fire Service or in the exercise of supervision of the performance of such activities, or

2) in conducting scientific or research research and development work in the field of fire protection at research institutes or universities, or

3) in the exercise of the profession of fire engineer or engineer in the field of safety engineering in the specialty of fire safety engineering obtained after graduation of higher education at the School of the Main Fire Service or a designer within the meaning of the Act of 7 July 1994. -Building law and completed a postgraduate course in the School of the Main School of Service for applicants for the profession of apprentitentiary.

7. The provision of the paragraph. 6 shall not apply to persons who have already obtained a negative result from the examination.

8. The examination committee shall decide on the outcome of the examination by a simple majority of votes. In the event of an equal number of votes, the Chair of the Selection Board shall be heard and, in his absence, the vote of his deputy.

Article 11d. [ Fee for taking the exam] 1. The person applying for the grant of the right to exercise the profession of appraisal for carrying out the examination shall pay a fee equal to 15% of the amount of the average monthly salary in the national economy in the calendar year preceding the examination, advertised by the President of the Central Statistical Office in the Official Journal of the Republic of Poland "Monitor Polski" on the basis of art. 20 pt. 1 lit. and the Act of 17 December 1998. about pensioners and pensions from the Social Insurance Fund. The fee shall be the income of the central fund referred to in Article 4. 19g point 1 of the Act of 24 August 1991. o State Fire Brigades.

2. Where a person applying for the right to exercise the profession of ombudsmen accedes only to the part of the oral examination, the amount of the fee for carrying out the examination shall be 10% of the amount referred to in the paragraph. 1.

3. The fee paid for the performance of the examination shall be refundable, where the person applying for the grant of the right to pursue the profession of the apprentice:

1) has not been accepted for the examination;

2) withdraw the application for the right to exercise the apprentice's profession no later than 14 days before the designated date of the written part of the written examination;

3) did not accede to the exam within the prescribed period for random reasons and filed a documented application for reimbursement of the fee within 7 days from the designated date of the exam.

Art. 11e. [ Information on the date and place of the examination and of the amount of the fee] Information on the date and place of the examination and the amount of the fee indicated for the examination shall be made available in the Public Information Bulletin of the Main Command of the State Fire Service at least 60 days before the date of completion of the examination. perform.

Article 11f. [ Application for the exercise of the right to exercise apprentitentiary profession] 1. The person applying for the grant of the right to exercise the profession of the expert shall submit to the Commandant of the Main State Fire Service an application for the grant of the right to exercise the profession of the assessor at least 30 days before the due date of the exam.

2. The application shall be accompanied by:

1) a document confirming the fulfilment of the requirements referred to in art. 11b par. 1 point 1;

(2) personal questionnaire;

3) confirmation of the payment of the fee for conducting the examination;

4) documents proving compliance with the requirements referred to in art. 11c ust. 6.

3. The personal questionnaire contains:

1) first name or forenames and surname;

(2) the family name;

3) the father's name;

4) date and place of birth;

5) the PESEL number, and in the absence of it-the type and number of the document confirming the identity;

6. information on education;

7) professional title, degree or scientific title;

(8) information on the profession or the profession;

9) information on the course of professional work;

10) address of residence;

11) address for correspondence, optionally an e-mail address or telephone number;

(12) other information if, in the appraisal of the applicant for the exercise of the profession, the appraisers are relevant for the assessment of the qualifications.

4. Commandant of the State Fire Service shall check the application and, if necessary, invite the applicant for the grant of the apprentice's profession to complete the application within 7 days from the date of service of the call. The application unfolded or not completed by the deadline shall be left unrecognisable.

5. No later than 7 days before the deadline for the exam in the Public Information Bulletin of the Main Command of the State Fire Service, a list of the persons admitted for the examination shall be made available, containing the name and surname and the name of the father of each of these persons.

Art. 11g. [ Grant of the right to exercise apprentictive profession] The Commandant of the State Fire Service shall grant, by appointment, the right to exercise the profession of an apprentice to a person who meets the requirements laid down in art. 11b par. 1.

Art. 11h. [ List of assessors] 1. Commandant of the State Fire Service shall lead and update the list of the assessors, which shall include:

1) first name or forenames and surname;

(2) the family name;

3) the father's name;

4) date and place of birth;

5) the PESEL number, and in the absence of it-the type and number of the document confirming the identity;

6) number of allowances;

7) the date of issue of the appointment letter;

(8) professional title, degree or scientific title;

(9) information on the grant of the reminder in writing;

10) information on the suspension of the right to exercise the profession of the assessor;

11) information on the reasons for the suspension of the right to pursue the profession of the appraisal;

12) information on the withdrawal of the right to exercise the apprentice's profession and the reasons for this revocation;

(13) address of residence;

14) indication of the state competent for the place of residence or the state of residence;

15) address for correspondence, optionally an e-mail address or telephone number;

16) the date of the examination and the date of the check.

2. The information on the award of the reminder shall be removed from the list of assessors after the expiry of two years from the date of its award.

3. In the Public Information Bulletin of the Command of the State Fire Service, the information referred to in the paragraph shall be made available. 1 points 1, 2, 6, 7, 10 and 14, and in the case of consent by the assessor, also the address for correspondence, the e-mail address or telephone number.

Art. 11i. [ Privileges and obligations of the assessor] 1. The resignator shall be entitled to:

1) reconciliation of construction projects of construction works and projects of fire-fighting devices referred to in art. 6b;

2) the reconciliation of projects other than those specified in Art. 6b;

3) drawing up technical expertise and other technical studies in the field of fire protection;

4) the exercise of the activities referred to in art. 4 par. 2a.

2. The resignator shall be obliged to:

1) keeping and storing for a period of 5 years the records of the agreed construction projects of construction works and a copy of the notices of agreement of these projects, together with the evidence of their dispatch;

2) making available the documents referred to in point 1, at the request of the voivodship of the State Fire Service competent for the place of location of the construction object or competent due to the place of residence of the assessor, Komendant The main State Fire Brigades or persons authorized by them;

3) notification of the change of residence of the Commandant of the Chief State Fire Service and the voivodship commanders of the State Fire Service competent due to the new and previous place of residence within 30 days from the day of change residence;

4) self-improvement of professional qualifications in terms of knowledge of regulations and the state of technical knowledge concerning fire protection.

3. The remark may not agree on the projects of construction works and projects of fire fighting equipment.

4. The design of agreed projects shall include:

1) the name or names of the author of the design documentation;

2) the type and name of the project;

3) the name and address of the investment or construction object;

4) the date of the reconciliation;

5) the date of dispatch of the notice of agreement of the construction project;

6) comments.

5. The records of the agreed projects shall not include information on the project to which the "secret" or "top secret" clause has been given on the basis of the provisions for the protection of classified information.

Art. 11j. [ Self-raising of professional qualifications] 1. The self-reliance of professional qualifications shall include in particular:

1) preparation and presentation of a paper at the congress, convention, conference or symposium scientific or technical,

2) publishing as author or co-author of a book, article or translation,

3) participation in congresses, rents, conferences or scientific or technical symposia,

4) participation in training workshops and other forms of training,

5) participation in online educational programs

-in the field of knowledge and skills related to fire protection.

2. Self-raising the professional qualifications of the expert confirms the positive result of the test.

3. The resignation shall accede to the test at the latest in the fifth year following the year in which the apprentice is established or in which he has obtained a positive result from the last check.

4. In relation to a spokesperson who acts as a member of the examination committee, the period referred to in paragraph 1 shall be added to the examination committee. 3, shall be counted from the following year after the year of the cessation of the duties of that function.

5. The test shall be carried out by the examination board in writing not less than 2 times a year, at an interval of at least 3 months. Information on the date and place of the check shall be made available in the Public Information Bulletin of the State Fire Service Main Command at least 45 days before the date of its implementation.

6. The expert shall notify the Commandant of the Main State Fire Service of its intention to accede to the test at least 14 days before the date of the check.

7. The assessor may carry out the obligation to manually increase the professional qualifications by participating in trainings for experts on fire protection matters, hereinafter referred to as "training for assessors".

8. An ombudsmen who, during the period from the appointment to practise the apprentice or obtain a positive result from the last test, obtained 20 points from training for the assessors, obtains a positive result from the test, if it notifies Commandant of the Chief State Fire Service of their obtaining at least 14 days before the date of the check. In the notification, the expert shall inform the training courses in which he has taken part, indicating their names, the time limits in which they have taken place, and the number of points assigned to them.

9. Training for assessors shall lead the schools of the State Fire Service, the training centres of the State Fire Service and the research institutes of the State Fire Service.

10. Unit for the organisation of trainings for assessors, from among those mentioned in the paragraph. 9, designates the Chief Commander of the State Fire Service, specifying its scope and agreeing with the unit of the program of training and qualification requirements of the lecturers.

11. Training for the experts of the Chief of the State Fire Service assigns points, the number of which depends on the subject range and the time dimension of the training, however, not more than 5 points for one training.

12. Participation and completion of the training for the assessors shall state a certificate of completion with the information on the number of points.

13. A list of issued certificates shall be sent to the Commandant of the State Fire Service as soon as it is completed by the training for the assessors.

14. A fee shall be charged for the appraisers.

15. The training fee for the assessors is dependent on the number of units of hourly activities and amounts to 2% of the amount of the average remuneration in the national economy in the calendar year preceding the training, announced by the President of the Chief Office Statistical in the Official Journal of the Republic of Poland "Monitor Polski" on the basis of art. 20 pt. 1 lit. and the Act of 17 December 1998. with pensions from the Social Insurance Fund for each unit of 45 minutes of class, with a total charge not exceeding 30% of this amount.

16. Information on the amount of the training fee for the appraisers of the entities referred to in paragraph. 9, they post on their website.

17. The fee for training for experts on fire protection matters shall be:

1) in the case of the training centres of the State Fire Service-the revenue of the voivodship fund referred to in art. 19g point 2 of the Act of 24 August 1991. o State Fire Brigades;

2) in the case of the Main School of the Fire Service-the income referred to in art. 98 (1) 1 point 3 of the Act of 27 July 2005. -Law on higher education;

3) in the case of schools of the State Fire Service conducted by the minister competent for internal affairs-the income referred to in art. 11a of the Act of 27 August 2009. on public finances;

4) in the case of the remaining schools of the State Fire Service-the income of the fund of the State School of Fire Service referred to in art. 19g point 3 of the Act of 24 August 1991. o State Fire Brigades;

5) in the case of the research institutes of the State Fire Service-the revenue referred to in art. 18 (1) 7 of the Act of 30 April 2010. o research institutes.

18. The Chief Commandant of the State Fire Service provides such a number of trainings for the appraisers, which enables the valuers to carry out the obligation to independently raise the professional qualifications in the manner referred to in the paragraph. 7.

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

1) the model of notification, which the assessor informs the Commandant of the Chief State Fire Service of training for the appraisers in which he participated,

2) a model certificate of completion of training for the assessors,

3) the manner and mode of payment of the training fee for the assessors

-guided by the provision of a proper way of documenting the training received by the assessor, as well as the efficiency of the organisation of recruitment for training.

Article 11k. [ Suspension of the right to exercise apprentice's profession] A spokesperson who has not entered the check within the required time limit or has obtained a negative result from the check, the Chief of the State Fire Service shall suspend the right to exercise the profession of the assessor, by means of a provision. An order for the suspension of the right to pursue a profession of appraisal shall not be entitled to reconsider the case.

Art. 11l. [ Delegation] The Minister responsible for internal affairs shall determine, by means of a regulation:

1) the organization of the work of the examination committee,

2. the method of carrying out the examination of the assessor and the test for the appraisers and the method of determining the result of the examination or test,

3) the manner and mode of application and reimbursement of the fee for carrying out the examination for the assessor,

4) specimen of the personal questionnaire,

5) model of the act of appointment for the pursuit of the profession of the assessor

-with a view to ensuring a transparent evaluation process for the professional preparation of the candidate for the assessor and taking into account the need to ensure the smooth running of the examination and checking.

Art. 11m. [ Obligation of insurance] 1. The claimant shall be subject to the compulsory insurance of civil liability for damage caused in connection with:

1) reconciliation of construction projects and projects of fire-fighting equipment;

2) the execution of technical expertise or other technical studies in the field of fire protection.

2. The obligation of insurance shall not apply to experts who do not carry out the activities referred to in paragraph 1. 1.

3. The Minister responsible for financial institutions, in agreement with the Minister responsible for internal affairs, will determine, by way of regulation, the detailed scope of compulsory insurance, the deadline for the inception of the insurance obligation and the minimum the amount of the guarantee, taking into account the specificity of the profession and the nature of the activities covered by the insurance.

Article 11n. [ Supervision of the activities of the assessors] 1. Supervision of the activity of the assessors shall be carried out by the Chief of the State Fire Service, with the assistance of the commanders of the Provincial Fire Service.

2. Supervision of the activity of the assessors shall be exercised in the scope of:

1) the reconciliation of their construction projects and projects of fire fighting equipment;

2) carry out by them technical expertise or opinions, referred to in the rules on fire protection;

3. the fulfilment of the obligations referred to in Article 3 (3). 6d par. 2 and Article 11i ust. 2 points 1 and 3.

3. Supervision of the voivodship commanders of the State Fire Service on the activity of the valuers shall be exercised in relation to the construction works located in the voivodship-within the scope referred to in the paragraph. 2 points 1 and 2, and to experts residing in the voivodship-in the scope of their fulfilment of the obligations referred to in art. 6d par. 2 and Article 11i ust. 2 points 1 and 3.

4. Supervision of the activity of the assessors, who occupy the position of the commander of the voivodship of the State Fire Service, are employed in the Main Command of the State Fire Service or residing outside the territory of the Republic of Poland, shall exercise Chief Of The State Fire Department.

5. As part of the supervision of the General Commander of the State Fire Service and the commanders of the State State Fire Service, may request from:

1) the appraisers of explanations and documents in the area covered by the supervision;

2) the author of a construction project, the arrangement of which is the subject of the proceedings, from the bodies of the architectural and construction administration or the building supervision authorities, to make the confirmed copy of this project available.

6. The entities referred to in paragraph. 5 points 1 and 2, shall be required, respectively, to provide explanations and to provide documents or a confirmed copy of the construction project within 14 days from the date of service of the request.

7. As part of the supervision of the Chief Superintendent of the State Fire Service, or commandant of the State Fire Service, they may carry out the investigation.

8. The investigation shall not be initiated after 6 months from the date of obtaining the information about the possibility of irregularities in the activity of the assessor, and the administrative proceedings after a period of 5 years from:

1) the day of completion of the works or the notice of the completion of the construction or the issuance of a decision on the permission to use the construction object, in cases concerning the arrangement by the valuer of the construction project;

2. the beginning of the use of a fire-fighting device carried out in cases other than those referred to in point 1.

9. From the investigation procedure conducted by the commandant of the voivodship of the State Fire Service, the protocol shall be drawn up, which shall include:

1. the indication of the place and date of the opening and end of the investigation;

(2) the names of the person drawing up the protocol and the appraisal in respect of which the investigation procedure was initiated;

(3) the basis for initiating the investigation procedure;

4) the allegations made by the appraisal in respect of which the investigation procedure was initiated;

5) a description of the course of the investigation procedure, including information on the explanations and documents submitted by the assessor against whom the investigation procedure was initiated;

6) an assessment of the merits of the pleas and other circumstances of the case together with an indication of which the allegations have been documented and which have been rejected, and with an indication of what the provisions of the law have been breached by the appraisal against which the proceedings have been initiated Clarifying

7. other information relevant to the case in question;

8) a request for further proceedings;

(9) the date of preparation and signature of the person drawing up the minutes.

Article 11o. [ Statement of irregularities in the activity of the assessor] In case of finding irregularities in the activity of the expert in the course of the investigation, the commander of the State Fire Service, competent for the location of the construction site or the site to which the performed by the assessor of the activity, or for his/her place of residence, may:

1) give the appraisal of admonition in writing, which shall immediately inform the Commandant of the Chief State Fire Service;

2) notify the Commandant of the Chief State Fire Service of finding irregularities in the activity of the assessor and give it the collected evidence together with the protocol, when the circumstances of the case result in the need to direct the appraisal to the a second examination or revocation of the right to pursue a profession.

Art. 11p. [ Explanatory proceedings] 1. The Chief of the State Fire Service, after receiving a notice of finding irregularities in the activity of the assessor, conducts the investigation procedure.

2. Commandant of the State Fire Service may also conduct the investigation procedure in case of obtaining in other way information about irregularities in the activity of the expert or in the case of the pursuit of the profession by the apprentice, to whom suspended the right to exercise that profession.

Art. 11r. [ Statement of irregularities in the activity of the assessor] 1. In the event of a finding of irregularities in the activity of the expert, the Chief of the State Headquarters of the State Fire Service may:

1) give the appraisal of the reminder in writing;

2) refer the appraisal to the examination referred to in art. 11b par. 2, in order to re-evaluate the professional preparation for the exercise of the appraisal profession;

3) withdraw the appraisal of the right to pursue the profession.

2. In the case referred to in paragraph. 1 point 1, the provisions of the Act of 14 June 1960 do not apply. -The Code of Administrative Procedure (Dz. U. of 2016 r. items 23).

3. The Chief of the State Fire Service shall be directing the expert to the examination by means of an administrative decision. The apprentitsin the examination shall be suspended by the right to exercise apprentictive apprentictive profession.

4. Commandant of the State Fire Service shall revoke the right to exercise the profession of expert in the way of administrative decision. The decision shall be immediately executed.

Art. 11s. [ Withdrawal of the right to exercise apprentictive apprentiment] The Chief of the State Fire Service shall revoke the right to exercise the apprentice profession:

1) where the appraisal is carried out by the apprentice's profession, despite the suspension of the right to exercise that profession;

2) after a period of 2 years from the date of suspension of the right to pursue the profession of the apprentice, if at that time there have not established the reason for that suspension;

3) at the request of the assessor.

Art. 11t. [ The date of entry into the examination after the withdrawal of the right to exercise the profession] A person who, as a result of finding an irregularity in the activity or profession of a valuer in spite of the suspension of the right to exercise his profession, has withdrawn the right to pursue a profession of apprentice, shall not be able to take the examination within three years from the date of the withdrawal of her right to the exercise of the appraisal profession.

Chapter 3

Fire protection organization

Article 12. [ Tasks of the Minister responsible for internal affairs and the Minister responsible for public administration] 1. The Minister responsible for the internal affairs shall be fully supervising the functioning of the national rescue and fire-extinguishing system.

2. (repealed)

Article 13. [ Delegation] 1. The Minister competent for internal affairs will determine, by means of regulations, the ways and conditions of fire protection of buildings, other construction sites and areas.

2. In the Regulation referred to in paragraph. 1, account shall be taken of:

1) the activities that are prohibited in construction works and in adjacent areas because of the possibility of causing a fire or its spread or the possibility of impediments to the conduct of operations rescue or evacuation;

2) the manner in which the owners, managers or users of construction objects or sites should fulfil their obligations in the field of fire protection;

3) ways to deal with the use or storage of hazardous materials;

4. the appropriate evacuation conditions and conditions under which the existing building shall be considered to be a life-threatening building;

5) the requirements that should be met by the fire water systems;

6) the scope of the mandatory use in the construction facilities of fixed fire extinguishing equipment, fire alarm systems involving signaling devices and audible warning systems and fire extinguishers;

7) the requirements that should be met by installations and technical devices in the construction works;

8) ways of carrying out hazardous work in terms of fire and explosion hazard assessment;

9) ways of protecting forest fire;

10) ways of securing the fire-fighting harvest of agricultural crops, their transport and storage.

3. The Minister responsible for internal affairs will determine, by means of the regulation, the requirements for the fire protection of water supply and fire-fighting roads.

4. In the Regulation referred to in paragraph. 3, account shall be taken of:

1) the types of facilities for which the provision of water supply to external fire extinguishing is required;

2) ways to determine the required amount of water for fire purposes;

3) the fire requirements that should be met by the water supply networks;

4) the source of water for the external extinguishing of the fire;

5) the requirements to be met by fire-fire hydrants;

6) the types of construction works to which the fire road should be brought;

7) the requirements that the fire way should meet.

Article 14. [ National Rescue and Fire-Extinguishing System] 1. The national rescue and fire extinguishing system shall aim to protect life, health, property or the environment through:

1) fight against fires or other natural disasters;

2) technical rescue;

3) chemical rescue;

4. ecological rescue;

5) medical rescue;

6) cooperation with the units of the system of the State Medical Rescue System referred to in art. 32 par. 1 of the Act of 8 September 2006. o State Medical Rescue Agency (Dz. U. of 2013 r. items 757, with late. zm.) and the rescue notification system.

1a. [ 2] The national rescue and fire-extinguishing system in its forces and means shall cooperate with the competent authorities and bodies during the emergency events caused by a biological agent, including during terrorist events.

2. [ 3] The Minister for Internal Affairs shall determine, by means of a regulation, a detailed organisation of the national rescue and fire-extinguishing system, in particular in respect of:

1) functioning in the area of the district, voivodship and country,

2) fight against fires and other natural disasters,

3) technical, chemical, ecological and medical rescue,

4) disposal to rescue operations,

5) directing the rescue operation,

6. the cooperation referred to in paragraph 1. 1a,

7) conduct the documentation of the events referred to in art. 2 point 2 and the documentation of the operation of the national rescue and fire-extinguishing system,

(8) the organisation of operational drainage,

(9) the organisation of routing positions

-having regard to the need to ensure the optimal effectiveness of rescue operations.

3. Commandant of the State Fire Service, voivodship or starosta, respectively in the area of the country, voivodship or district shall determine the tasks of the national rescue and fire system, coordinate its operation and control the implementation of the resulting therefore, the tasks and, in emergency situations, the risks of life, health or the environment shall be guided by this system.

4. The Wojewoda and starosta perform their tasks with the help of the voivodship and district crisis management team respectively, operating on the basis of the Act of 26 April 2007. on crisis management (Dz. U. of 2013 r. items 1166 and 2015 items 1485).

5. The Wójt (mayor, president of the city) coordinates the functioning of the national rescue and fire-extinguishing system in the area of the commune in the range determined by the wojewater. This task can be performed with the help of the municipal fire protection commandant, if the commandant has been employed by the mayor (mayor, city president), or with the assistance of the commandant of the municipal volunteer fire department.

6-9. (repealed)

Art. 14a. (repealed)

Article 14b. (repealed)

Article 14c. (repealed)

Art. 14d. (repealed)

Art. 14e. (repealed)

Art. 14f. (repealed)

Art. 14g. [ Support System For State Fire Brigade Decisions] 1. The Support System of the State Fire Service Decision, hereinafter referred to as the "SWD PSP", is a ICT system supporting the performance of the tasks of the national rescue and fire-extinguishing system by all the organisational units of the State Fire Service, as well as the receipt of emergency notification reports from the emergency notification centres, referred to in the Act of 22 November 2013. a rescue notification system (Dz. U. Entry 1635 and from 2014 items 1877 and 1915).

2. The competent commanders of the State Fire Service ensure the maintenance of the SWD PSP.

3. Commandant of the State Fire Service is planning and implementing the development and modification of the SWD PSP.

4. The maintenance, extension and modification of the SWD PSP shall be financed from the State budget, of the part of which the Minister is competent for internal affairs, and of the parts whose owners are competent in the voyees.

5. The Minister responsible for internal affairs will determine, by regulation, the functional parameters of the SWD PSP, the way it functions in emergency situations and how to maintain it, bearing in mind the need to ensure optimal level of cooperation between the IT system for the emergency notification system and the SWD PSP.

Art. 14h. [ Data Processing] 1. The State Fire Service may process the data, obtained in connection with the handling of the alarm notification referred to in art. 2 point 2 of the Act of 22 November 2013. a rescue notification system, including data from the notifier and other persons to whom the notification relates.

2. Commandant of the State Fire Service is the administrator of the data, processed in the SWD PSP, within the meaning of the Act of 29 August 1997. on the protection of personal data (Dz. U. of 2015 items 2135 and 2281).

3. Commandant of the State Fire Service may authorize the managers of the organizational units of the State Fire Service to grant and withdraw, on its behalf, the authorisations for the processing of personal data in the SWD PSP for the persons participating in the processing of this data.

4. Head of the organisational unit of the State Fire Service, referred to in paragraph. 3, creates and updates the records of persons authorised to process personal data in the SWD PSP.

5. With regard to the data referred to in paragraph. 1, the obligation laid down in Article 1 shall not apply. 24 ust. 1 of the Act of 29 August 1997. on the protection of personal data.

Art. 14i. [ Network End Location Information] 1. SWD PSP shall be obtained free of charge by means of a central point of the rescue notification system referred to in Article 1. 78 par. 4 point 1 of the Act of 16 July 2004. -Telecommunications law (Dz. U. of 2014 items 243, of late. zm.), information concerning the location of the termination of the network from which the connection to the emergency number 112 or other alarm number has been made, and the data concerning the subscriber referred to in art. 78 par. 2 of the Act of 16 July 2004. -Telecommunications law.

2. SWD PSP obtains free access to spatial data and related services provided through the system referred to in art. 40 par. 3e of the Act of 17 May 1989. -Geodetic and cartographic law (Dz. U. of 2015 items 520, with late. zm.).

Article 15. [ Fire protection units] Fire protection units shall be:

1) the organizational units of the State Fire Service;

(1a) Organisational Units Of Military Fire Protection;

(2) the establishment of the fire brigor;

3. establishment of rescue service;

4) municipal professional fire department;

4a) the district (city) professional fire department;

5) field rescue service;

6) volunteer fire brigsters;

7) the association of volunteer fire brigades;

8. other rescue units.

Article 16. [ Tasks and Organization of the State Fire Service] The tasks and organization of the State Fire Service shall be determined by a separate law.

Art. 16a. [ Units of uniformed and equipped with specialised equipment] 1. Fire protection units referred to in art. 15 points (1a) to (5) and (8), shall be formed as uniformed units and equipped with specialised equipment designed to fight fires, natural disasters or other local hazards.

2. In the units listed in Art. 15 points 1a to 5 and 8 shall be employed by workers subject to specific obligations arising from the nature of the work and having the appropriate qualifications and psychophysical conditions, hereinafter referred to as "fire protection unit firefighters".

3. Fire protection unit's firefighter may be an employee who has the qualifications required to perform the profession of firefighter, fire technician or fire engineer.

3a. A person who is admitted to work in a fire protection unit shall be recruiting for the first position if it meets the training requirements before the specified qualifications are obtained.

4. Qualifications required for the pursuit of the profession of firefighter shall include the possession of at least an average education and the completion of training in the profession of firefighter or equivalent training with the training in the profession of firefighter.

4a. The qualifications required for the pursuit of the profession of fire techniques include the possession of the title of the fire techniques.

4b. The qualifications required for the pursuit of the profession of fire engineer include possession of:

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

2) title of professional safety engineering engineer in the specialty of fire safety engineering obtained at the School of the Main Fire Service and qualifications required to pursue the profession of firefighter and completion at the School The main vocational training service of vocational training which prepares for the occupations of the positions associated with the directing of rescue operations, or

3) title of professional engineer and professional title of master engineer in the field of safety engineering in the field of fire safety engineering obtained from the School of the Main Fire Service and qualification for the pursuit of the profession of technician In order to be able to do so, the Commission will be able to provide information on how to do so in order to ensure that it is in a position to do so. It is also the case that the European Commission has a

4c. The professional traits referred to in paragraph 1. 4b points 2 and 3, shall be carried out in the form of post-graduate studies.

4d. For the vocational training referred to in paragraph. 4b (2) and (3), they shall be headed by employers.

4e. Training in the profession of firefighter conducts schools of the State Fire Service, and for the purposes of fire protection of the organizational units subordinate to the Minister of National Defence or by him supervised by the Military Fire Protection Service.

4f. Qualifications required for the pursuit of the profession of firefighter shall confirm the certificate of completion of the training in the profession of firefighter or the equivalent training with the training of the firefighter or the decision on recognition of qualifications for the pursuit of the regulated profession Firefighter.

5. Firefighters of fire protection units should have the physical and mental capacity to work in these units. The assessment of the physical and mental capacity of a firefighter to work is carried out by a doctor of occupational medicine.

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

1) the detailed qualification requirements to be met by the employees on the individual work positions in the fire protection units,

2) types of training equivalent to training in the profession of firefighter,

3) the scope and forms of implementation of training in the profession of firefighter,

4) the scope of programmatic training in the firefighter profession and the mode of establishing the program of this training,

5) issuing mode and model certificate of completion of training in the profession of firefighter

-guided by the type of tasks performed by the fire protection units referred to in art. 15 points 1a to 5 and 8, the need to cooperate in the framework of the national rescue and fire-extinguishing system, the need to maintain substantive standards and didactic training and to ensure the uniformity of the training programmes in the field of fire protection and certificates issued.

Article 17. [ Creation and conversion of fire protection units] 1. The Minister responsible for internal affairs, and with his consent the other ministers, the voyev, the organs of local government units, may, by order, create, transform or liquidate the establishment fire guards, the hostage rescue services, municipal (urban) or district (municipal) professional fire guards, field rescue services or other rescue units, taking into account the frequency of fires, natural disasters and other local hazards and the needs in the field of provide adequate fire protection in the field.

2. Institutions, organizations, legal or natural persons may, with the consent of the minister competent for internal affairs, create, transform or liquidate the establishment fire guards, establishment rescue services, municipal (urban) or district (municipal) services professional fire guards, field rescue services or other rescue units, taking into account the frequency of fires, natural disasters and other local hazards and the need to ensure adequate fire protection for the the area concerned.

Article 18. [ Organization and rules of operation of fire protection units] The organisation and detailed rules for the functioning of the fire service, the emergency rescue service, the municipal fire brigade, the field rescue service and other rescue units, shall determine the legal or natural persons forming them, in the agreement and under the supervision of the Commander of the voivodship of the State Fire Service, due to the area of operation.

Article 19. [ Volunteer Fire Brigsters] 1. The volunteer fire department and the volunteer fire brigade operate on the basis of the provisions of the Act-Law on Associations.

1a. The volunteer fire brigade is a uniformed unit, equipped with specialised equipment, intended in particular to fight fires, natural disasters or other local threats.

1b. Direct participation in rescue operations may take part in voluntary fire brigade members who are 18 years of age and 65 years of age who have up-to-date medical examinations to participate in rescue operations and have received medical examinations. the fire training as referred to in Article 28 para. 1.

2. The detailed tasks and organization of the volunteer fire brigade and their association shall specify the statutes.

3. All cases concerning fire protection, as defined in the statute of volunteer fire brigade and their relationship, shall require a reconciliation with the district commander of the (urban) State Fire Service due to the area of action or Chief of the State Fire Service in the case of volunteer fire brigade operating throughout the country.

Article 20. [ Delegation] The Minister responsible for the internal affairs shall determine, by means of a regulation, the scope, the specific conditions and the mode of incorporation of the fire protection units referred to in Article 15 paragraphs 1a to 6 and 8, to the national rescue and fire-extinguishing system.

Article 21. [ Privileges of the wojewater and the starosty] 1. The Wojewoda may request from:

1) the association of volunteer fire brigades,

2) the volunteer fire brigade remaining outside the structures of the volunteer fire department,

3) executive bodies of municipalities and powiats, institutions, organizations, legal and natural persons who have created fire protection units under the provision of art. 17,

information related to the performance of their tasks in the field of fire protection in the area of a given voivodship.

2. The privileges of the voiwaters referred to in paragraph 2. 1 shall apply mutatis mutandis to the starost.

Article 21a. [ Obligation of consultation] Government administration bodies are obliged to consult the nationwide organizations of fire protection units fire protection units and the Management Board of the Main Association of Voluntary Fire Guards of the Republic of Poland on draft laws and regulations Regulations on fire protection.

Article 21b. [ Welcome Tasks] For the tasks of its own district in the field of fire protection:

1) conducting analyses and compiling forecasts of fires, natural disasters and other local threats;

2) conducting an analysis of the forces and means of the national rescue-fire system in the area of the district;

3) build a system of coordination of the activities of fire protection units forming part of the national rescue and fire-extinguishing system and the services, inspections, guards and other entities involved in the rescue operations in the area of the district;

4) organisation of a system of communication, alarm and interaction between entities participating in rescue operations in the area of the district.

Chapter 4

Rescue operation

Article 22. [ Rescue action] 1. The rescue operation shall carry out fire protection units referred to in art. 15 paragraphs 1 to 6 and 8.

1a. Authorised to direct rescue operations shall be:

1) at the strategic level-the firefighters of the State Fire Service with qualifications to occupy officers ' positions related to the directing of rescue operations;

2) at the tactical level-the persons listed in point 1, the firefighters of the State Fire Service, qualified to occupy aspirants positions and fire protection units with professional qualifications at least technician fire;

3) at the intervention level-the persons listed in points 1 and 2, the firefighters of the State Fire Service, who are qualified to occupy the posts of the officers, fire protection units with qualifications to practise the profession the firefighter and the members of the volunteer fire brigade who have completed training preparing to command or are qualified to pursue the profession of firefighter.

2. The Minister responsible for internal affairs shall determine, by way of regulation, detailed rules for the steering and interoperability of fire protection units involved in the rescue operation.

3. (repealed)

Article 23. [ Obligation to participate in rescue operations] 1. Fire protection units referred to in art. 15 points 1a-6 and 8, they have a duty to participate, on the call of the State Fire Service, in the rescue operations outside the site of their own action.

2. In the cases referred to in paragraph. 1 costs related to rescue operations shall be reimbursed to those entities from the state budget.

3. The Minister responsible for internal affairs shall determine, by means of the regulation, the area of operation of the individual fire protection units, the circumstances and conditions for the participation of those units in the rescue operations outside the site of its own operation, and the scope, detailed conditions and mode of reimbursement of the costs incurred.

Article 24. [ Rescue in the premises of the diplomatic mission] 1. In the event of a fire in the premises of a diplomatic mission, consular office or an international institution enjoying diplomatic or consular immunity, conducting a rescue operation by the security units The fire-fire shall be permitted after obtaining the consent of the Head of Mission, the head of the consular office or the manager of an international institution, subject to the provision of the paragraph 2.

2. The consent referred to in the paragraph. However, it may be presumed, in the event of a fire or other local emergency, to be subject to urgent rescue.

Article 25. [ Rescue-led powers] 1. The driver of the rescue operation may:

1) to order the evacuation of people and property;

(2) halt traffic and introduce a ban on the presence of third parties in the area of the rescue operation;

3) take over into the use for the time necessary for the rescue operation of real estate and movables, means of transport, equipment, water recognition, other extinguishing agents, as well as objects and devices useful in the rescue operation.

2. The driver of the rescue operation shall have the right to demand the necessary assistance from the institutions, organizations, entrepreneurs and individuals.

3. The driver of the rescue operation may depart in the course of the rescue operation from the rules of operation considered to be generally safe.

4. The Council of Ministers shall determine by way of regulation, the scope and the exercise of the rights referred to in paragraph 1. 1-3.

Chapter 5

Fire protection units and fire protection volunteer members ' rights

Article 26. [ Guardian permissions] 1. Fire protection unit's guard, as well as a member of the volunteer fire brigade, hereinafter referred to as the "injured person" who in connection with the participation in the rescue or exercise activities suffered damage to health or suffered damage in the In the following conditions:

1. one-off compensation in the event of permanent or long-term bodily injury;

2) a pension for total or partial incapacity for work;

3) compensation for damage to property.

2. Members of the family of the injured person, who died as a result of the circumstances referred to in paragraph. 1, shall be entitled:

1) one-off compensation for the death of the injured person;

(2) the survivor's pension;

3) compensation for damage to property.

3. The one-time compensation referred to in the paragraph. 1 point 1 and paragraph. 2 point 1, they are entitled under the rules defined for the firefighters of the State Fire Service in the amount of amounts to be determined on the basis of the provisions on social insurance for accidents at work and occupational diseases and are paid by the persons bearing the costs of the functioning of the fire protection unit.

4. The pensions referred to in paragraph. 1 point 2 and paragraph. Article 2 (2) is entitled to:

1. persons who are members of volunteer fire brigade members and their family members, in accordance with the rules, in accordance with the procedure and level laid down in the provisions on the supply of accidents or occupational diseases arising in particular circumstances;

2) affected persons who are firefighters of fire protection units and members of their families-on the basis, in the mode and amount specified in the provisions on social insurance in the event of accidents at work and occupational diseases.

5. Compensation referred to in paragraph. 1 point 3 and paragraph 1. Under paragraph 2, point 3 shall be determined and paid, subject to paragraph 3. 6, the entity bearing the costs of the operation of the fire protection unit on the basis of the provisions on compensation of the service in the State Fire Service.

6. Compensation referred to in paragraph. 1 point 3 and paragraph 1. 2 point 3, the affected person or the member of the family of the injured person who is a member of the fire protection unit included in the national rescue and fire-extinguishing system shall determine and pay the competent commandant of the State Province Fire Service.

7. The amount of compensation referred to in paragraph 1 1 point 3 and paragraph 1. For the purposes of point 3, the following rules shall be laid down:

1) in the event of loss or complete destruction of property, the compensation shall be determined by the purchase price in force at the time of fixing the compensation, taking into account the degree of property consumption;

2) in the event of damage to property the compensation constitutes the equivalent of restoring it to the state before the accident; if, however, the degree of damage is significant or the repair costs would exceed the value of the damaged property, payment of compensation in the amount of as defined in point 1.

8. The injured party, whose compensation benefits referred to in the paragraph. 1, also entitled to employment or service or social or property insurance, shall be granted one benefit chosen by the person concerned.

9. The Minister responsible for internal affairs shall determine, by means of a regulation, the procedure for granting the benefits referred to in paragraph 1. 1 (1) and (3) and (3) 2 points 1 and 3, taking into account the type of documents giving rise to the initiation, the conduct and termination of the proceedings, the content of the decision terminating the proceedings and the procedure for appeal.

Art. 26a. [ Monetary Compensation] 1. The member of the volunteer fire brigade who, in connection with the participation in the rescue or exercise, suffered damage to health as a result of an accident, for the time of incapacity for work, for which he did not retain the right to pay or not received sickness benefit or rehabilitation benefit on the basis of separate provisions shall be entitled, at his/her request, to a financial contribution, hereinafter referred to as "compensation".

2. Compensation shall be entitled for any day of incapacity for work of 1/30 of the minimum wage for work established on the basis of the Act of 10 October 2002. with a minimum wage for work (Dz. U. of 2015 items 2008).

3. Compensation, entitled to a member of the voluntary fire service not included in the national rescue and fire system, shall determine and pay the entity bearing the costs of functioning of the fire protection unit as a task commissioned from the scope of government administration.

4. Compensation, entitled to a member of the volunteer fire brigade included in the national rescue and fire system, shall determine and pay the competent commander of the state of the State Fire Service.

5. Where a member of the volunteer fire service is entitled to compensation granted in excess of the salary received, either the sickness benefit received or the rehabilitation benefit received, the compensation shall be paid at the request of the person concerned. Compensation. The provisions of the paragraph 3 and 4 shall apply mutatis mutandis.

6. Compensation shall be paid for the period of incapacity for work, but not longer than for the period of cumulative collection of sickness benefit and rehabilitation benefit under the provisions of the Act on monetary benefits in social security in the disease and maternity.

(7) The Minister responsible for the internal affairs shall determine, by means of a regulation, the mode of granting of compensation and of the compensation referred to in paragraph 1. 5, the model of the applications for the determination of the right to compensation and compensation and the documents constituting the basis for their establishment and payment, guided by the need to harmonise the procedures and ensure that the granting of compensation is effectively carried out, and compensation, as well as taking into account the documents collected in the course of the proceedings for compensation referred to in Article 26.

Article 27. [ Use of the protection of public officers] From the protection provided for in the Criminal Code for public officers, the following shall be used:

1) authorized to carry out control and recognition operations;

2) firefighting units fire protection units and members of volunteer fire brigades taking part in the rescue operation or performing other tasks related to fire protection;

3) natural persons, who on the basis of art. 25 par. 2 were obliged to participate in the rescue operation.

Article 27a. [ Right to special garments and personal equipment] Fire protection unit fire protection unit referred to in art. 15 points 1a-5 and 8, unless there is a firefighter of the State Fire Service, and a soldier serving in that unit shall have the right to special clothing and personal equipment, on the basis specified for the firefighters of the State Fire Service in the Law of 24 August 1991 o State Fire Brigades.

Article 28. [ Cash Equivalents] 1. A member of the volunteer fire brigade who has participated in a rescue operation or a fire training organised by the State Fire Service or the municipality, receives the cash equivalent. The amount of equivalent shall be determined by the municipal council by way of a resolution.

2. The amount of the equivalent referred to in paragraph 2. 1, may not exceed 1/175 of the average salary, announced by the President of the Central Statistical Office in the Official Journal of the Republic of Poland "Monitor Polski" on the basis of art. 20 point 2 of the Act of 17 December 1998. o pensions from the Social Insurance Fund before the date of establishment of the equivalent, for each hour of participation in the rescue or fire training. The equivalent shall be paid out of the budget of the municipality.

3. Equivalent referred to in paragraph. 1 and 2, shall not be entitled to a member of the volunteer fire service for the duration of his absence at work for which he has retained his remuneration.

4. Members of the volunteer fire brigades, for the time of absence from work for the reasons set out in the mouth. 1, they shall retain the entitlement provided for in separate provisions to the other than the remuneration of the benefits associated with the work.

5. In the event of the conflue of the benefits referred to in paragraph. 1 and 4, which are entitled under separate provisions, the provisions which are more favourable.

6. A member of the volunteer fire brigade taking direct part in the rescue operations shall have the right to periodic free medical examinations.

7. The Minister of Health shall, in agreement with the Minister responsible for internal affairs, determine, by means of regulations, the mode and manner of conduct and the scope of the surveys referred to in paragraph 1. 6, as well as the entities entitled to carry them out, taking into account the specificities of the rescue operations, as well as the qualifications of the bodies carrying out the medical examinations.

Chapter 6

Benefits in kind and financial

Article 29. [ The costs of functioning of fire protection units] The operating costs of the fire protection units shall be covered by:

1) the state budget;

2) budgets of local government units;

3) income of insurance institutions, policyholders of legal and physical persons;

4) the own resources of the entities referred to in Article. 17, which obtained the consent of the Minister responsible for internal affairs for the creation of the fire protection unit.

Article 30. [ Costs of equipment and fire-fighting equipment] The owner, manager or user of the building, facility or land shall bear the full cost of the acquisition and maintenance, in a condition that ensures the efficiency, equipment, fire protection, extinguishing agents, signalling and alarm equipment and other equipment and the installation of fire protection products to which they are obliged to provide the provisions issued under Article 13 (1) 1 and 3, as well as the cost of carrying out the obligation laid down in Article 3. 5.

Article 31. [ Obligation to transfer unnecessary equipment] 1. The State Fire Service is required to transfer the technically efficient, unnecessary equipment and voluntary devices to fire firefighters after consulting the competent management board of the Voivodship Voluntary Fire Brigades The Republic of Poland.

2. Works of fire brigade or emergency rescue services may transfer free of charge technically, unnecessary equipment and equipment to the Management Board of the Main Association of the Fire Brigades of the Republic of Poland and the volunteer fire firefighters remaining outside the relationship structures.

Article 32. [ Equipment costs and maintenance of fire protection units] 1. Costs of equipment, maintenance, training and assurance of combat readiness of fire protection units referred to in art. 15 paragraphs 1a to 5 and 8, shall be borne by the entities that make up these units.

2. The costs of equipping, maintaining, training and ensuring the combat readiness of the volunteer fire brigade shall be borne by the municipality, subject to art. 35 par. 1.

3. The municipality also has an obligation:

1) the free uniting of members of the volunteer fire brigade;

2) insurance in the insurance institution of members of the volunteer fire brigade and the youth fire team; the insurance may be imitation or collective non-imitation;

3. the costs of periodic medical examinations referred to in art. 28 para. 6.

3a. Wójt (mayor, president of the city) may employ the commandant of municipal fire protection. The municipal commandant of the volunteer fire service may also be employed as commandant of municipal fire protection.

3b. Local government units may provide volunteer firefighters with cash in the form of grants.

4. Paragraph Recipe 1 shall apply mutatis mutandis to the volunteer fire service operating in a building, facility or field not owned, operated or unmanaged by the municipality.

Article 33. [ Financing of costs from the State budget] 1. The state budget shall contribute to the costs of the operation of the fire protection units referred to in art. 15 paragraphs 2 to 6 and 8, where these units operate within the national rescue and fire-extinguishing system.

2. The Minister responsible for internal affairs shall each year determine, by way of regulation, the amount of financial resources and their distribution among the entities referred to in paragraph 1. 1, subject to their use only for the purpose of ensuring the combat readiness of fire protection units.

Article 34. [ Funding of other costs] 1. Other costs of the functioning of voluntary fire brigades and their compounds, related to fire protection, shall be covered by the state budget, provided that on the basis of separate regulations they will be transferred to the municipalities as commissioned tasks.

2. The amount of the costs referred to in paragraph 2. 1, shall be determined annually by the Minister responsible for internal affairs and shall be referred to the volunteer fire firefighters or their associations.

Article 35. [ Training firefighters] 1. Training of members of the volunteer fire brigade referred to in art. 28 para. 6, operates free of charge of the State Fire Service.

2. Training of firefighting units of fire protection units referred to in art. 15 paragraphs 1a to 5 and 8, and members of the volunteer fire brigade referred to in art. 32 par. 4, may lead to the payment of the State Fire Service.

3. The Minister responsible for internal affairs shall lay down the detailed rules and method of payment for the training referred to in paragraph 1. 2.

Article 36. (repealed)

Article 37. [ Paid use of property] 1. Real estate, means of transport, equipment and equipment remaining at the disposal of the volunteer fire brigade or their relationship may be, subject to the resulting provision of art. 33 (1) 1, for consideration used for other socially useful purposes, specified in the statutes of the volunteer fire brigade or their relationship.

2. The resources obtained by virtue of the title referred to in paragraph 1. 1, they constitute the income of own volunteer fire brigades or their relationship.

Article 38. [ Obligations of insurance undertakings] 1. Insurance undertakings shall be obliged to transfer 10% of the sum of receipts obtained from the mandatory fire insurance to specified fire protection objectives.

1a. Commandant of the State Fire Service and the Management Board of the Main Union of Voluntary Fire Brigades of the Republic of Poland shall receive after 50% of the amount referred to in paragraph. 1.

2. (repealed)

Article 39. [ Purpose of the financial resources transferred for fire protection purposes] 1. Financial funds transferred to the Chief Commander of the State Fire Service and the Management Board of the Main Association of the Voluntary Fire Brigades of the Republic of Poland pursuant to the provisions of art. 35 par. 2 and Art. 38 par. 1a are intended solely for fire protection purposes.

2. The Minister responsible for internal affairs shall determine, by means of a regulation, the detailed rules for the allocation of the measures referred to in paragraph 1. 1.

Chapter 7

Transitional and final provisions

Article 40. [ Volunteer fire guards] 1. Acting on the day of the entry into force of the Voluntary Fire Guards and the Association of Voluntary Fire Brigades become associations within the meaning of the Act-Law on Associations.

2. (bypassed)

3. (bypassed)

4. (bypassed)

Article 41. (bypassed)

Article 42. (repealed)

Article 43. (bypassed)

Article 44. [ Maintenance costs of the Ministry of Fire and the Fire Service] The owner, manager or user of the building, facility or site in which the resort or the establishment fire department or other fire protection unit, including the volunteer fire service, shall bear all costs associated with the maintenance of the fire protection system. units.

Article 44a. [ Provisions of geological and mining law] The Act does not violate the provisions of geological and mining law.

Article 45. (bypassed)

Article 46. [ Repealed provisions] The Law of 12 June 1975 shall be repealed. on fire protection (Dz. U. Nr 20, poz. 106, of 1988 No 19, pos. 132, of 1989. Nr 35, pos. 192 and 1990 Nr 34, pos. 198).

Article 47. [ Entry into force] The Act shall enter into force within 14 days from the day of the announcement.

[ 1] Currently, research institutes, on the basis of art. 49 of the Act of 30 April 2010. -Regulations implementing the law reforming the system of science (Dz. U. Nr 96, pos. 620), which entered into force on 1 October 2010.

[ 2] Article 14 (1) 1a added by art. 30 point 1 of the Act of 10 June 2016. o Anti-Terrorism Activity (Journal of Laws of the European Union 904). The amendment came into force on 2 July 2016.

[ 3] Article 14 (1) 2 in the version set by the Article. 30 point 2 of the Act of 10 June 2016. o Anti-Terrorism Activity (Journal of Laws of the European Union 904). The amendment came into force on 2 July 2016.