Law No. 121 Of 16 October 1996 Concerning The Organization And Functioning Of The Military Firefighters Corps

Original Language Title:  LEGE nr. 121 din 16 octombrie 1996 privind organizarea şi funcţionarea Corpului Pompierilor Militari

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Law No. 121 of 16 October 1996 (* updated *) on the Organization and functioning of the Military Firefighters Corps *) (applicable as from 1 February 2014 *)-PARLIAMENT ISSUING — — — — — — — — — — — — *) form of this updated regulatory action until February 1, 2014 is carried out by the legal department within the S.C. "territorial Center of Electronic Computing" Piatra Neamt by including all changes and additions made to the : Order No. 88 of 30 august 2001; Law No. 241 of 12 July 2007; Law No. 255 of 19 July 2013.
The contents of this act is not an official document, being intended for the information of users — — — — — — — — — — — — — — — *) Note: C.T.C.E. Piatra Neamt in accordance with Annex 1 of ORDINANCE No. 88 of 30 august 2001 and published in the Official Gazette No. 544 as of September 1, 2001, this Act will be amended accordingly.
Romanian Parliament adopts this law.


Chapter 1 General provisions Article 1 (1) Firefighter Corps Soldiers is the public institution of national interest, specialized in prevention and firefighting and vested with powers of coordination, monitoring and technical assistance in this field, in accordance with the law.
  

(2) the Inspectorate General of Military Firefighters Corps is part of the organizational structure of the Ministry of the Interior.
  


Article 2 the body of Firefighter Military duties to cooperate, the incumbent, with the public authorities, the armed forces and the forces of protection, with the other institutions and bodies that have powers concerning the defence of public order, the prevention and control of sinistrelor, the defense of life and the physical integrity of individuals, to public and private property, as well as environmental protection.


Chapter 2-Organization and operation of the Military Firefighters Corps, Article 3 (1) Firefighter's body is composed of large Military units, units and subunits, organized military principles.
  

(2) the body composed of Military Firemen: a) General Inspectorate of Military Firefighters Corps;
  

b) fire brigade and military groups;
  

(c) military educational institutions) for fire-fighting;
  

d) Center for studies, experiments and specialization for prevention and firefighting;
  

(e) training centres);
  

f) autospecialelor repair of machinery and prevention and firefighting;
  

g) National Museum of Firefighters;
  

h) base for logistics.
  


Article 4 (1) the Inspectorate General of Military Fire Corps is the central unit which undertakes the management, direction and control of large units and units of firefighters. 3 paragraphs 1 and 2. 2. (2) the Inspectorate General of Military Fire Corps has in its structure: Headquarters, fire prevention Inspection, directions, services, departments and offices.
  

(3) the Inspectorate General of Military Firefighters Corps is led by a fire officer, as the Commander of the Corps Servicemen, Firemen called in this function by the Interior Minister. He is aided in his work by the deputies appointed by the Minister of the Interior.
  


Article 5 General Inspectorate of Military Firefighters Corps is represented in dealings with the authorities of Central and local public administration, with similar bodies in other countries and with international organizations, by the master or by its representatives.


Article 6 Large units and units of the military firefighters set up by order of the Minister of the Interior, with the opinion of the Supreme Council of Defense of the country, and their powers shall be determined by regulations and operation.


Article 7 (1) Fire Brigades and groups are large military units or units designed to perform specific missions for prevention and firefighting in areas of competence laid down in the decision of the Government and have composed: staff, fire prevention inspection, battalions, detachments, wards, stations, pickets, fire crews and troops compartments, under the statutes of the organization approved by the Minister of the Interior.
  

(2) the number of individuals and to equip the Sizing material of fire brigades and troops shall be determined according to the population and area: the economic potential of the area of competence and its characteristics in terms of protection against fire; the nature and level of the potential risks of fire; the density, size and reaction to fire performance of construction; roads and their practicability; the sources of water supply for fire; procuring technical means for prevention of fires; consequences of possible fires.
  

(3) Fire Brigades and groups are run by military commanders, officers, firefighters, aided by the Assistant. In the exercise of powers delegated to them, masters of issued orders and provisions.
  

(4) Major units and units of the military Firefighters Battle flag.
  


Article 8 Battalions of military firefighters run specific missions in areas that were established by order of the military firefighters Brigade Commander.


Article 9 Detachments, pichetele stations, stations, and fire crews are sub-units of the structure of military units that execute specific prevention and firefighting, for the limitation of the effects of sinistrelor, as well as activities for emergency extrication and prespitalicească.


Article 10 For the training of military firefighters are organized under the law of military educational institutions, faculty, and schools for military officers, and NCO for foremen.


Article 11 Center for studies, experiments and specialization for prevention and firefighting is the unit that provides the specialized laboratories and polygons: combustibilităţii testing and testing of materials; the study, experimentation and verification processes, substances and technical means of prevention and firefighting; fire brigade personnel specialisation.


Article 12 (1) Training Centres are establishments intended for the preparation of specialized military, physical and psychological personnel and conscripts of Military Firefighters Corps.
  

(1) within the training centres can be arranged, subject to the conditions provided by law, courses for the training, certification and improvement of firefighter civilians and other persons carrying out activities in the field of preventing and extinguishing fires.
  


Article 13 is the unit repair Basis which provide autospecialelor repair, machinery and specific equipment procurement of large units, units and subunits making military fire.


Article 14 National Firefighter profile is an institution which provides the identification, acquisition, and preservation of heritage specific military and civilian firefighters.


Article 15 the basis of logistics is designed to ensure the supply, storage, preservation and distribution of necessary material means Firemen Corps Troops.


Article 16 of The General Inspectorate level Firefighter Corps, major Military units and units is organized in terms of needs, administrative, technical compartments, medical and financial responsible for all activity necessary for logistics missions and personnel training.


Chapter 3 duties of the Inspectorate General of military Firemen Corps of fire brigades and troops in article 17 (1) the Inspectorate General of Military Fire Corps has the following main tasks: to draw up a general concept) prevention and firefighting and controlling its implementation;
  

b) sets the intervention capacity, fight and mobilization of large units, units and subunits fire military and take measures to ensure it;
  

c) shall draw up rules and general provisions on prevention and firefighting, that they be subject to the approval of the Minister of the Interior;
  

d) advises the rules and measures for prevention and firefighting, contained in the norms, normative, technical and other standards developed under the law of other organs and institutions of the central public administration, developed on the basis of the rules referred to in c);
  

(e) draw up the General technical conditions), for the design, approval and execution in the country of autospecialelor, machinery, installations, equipment, substances, accessories and other technical means of prevention and firefighting and give consent to the use of those derived from imports;
  

f) endorse, authorize and verify the application of the legal provisions in the field of fire safety; participate in technical and professional attestation of project auditors, managers and experts in the work of construction, as well as the release of technical approvals of new products and processes in this area;
  

g) ensure technical rules concerning the operation of issuance, maintenance, repair, removal from service, disposal and downgrade autospecialelor, equipment, means and equipment for prevention and firefighting, as well as specific installations, ships and trains withdrawn from fires;
  

h) sets out the methodology for the classification of combustibilităţii materials and substances, as well as to test their reaction to fire;
  


I) authorizes and accredits testing laboratories at the polygons and fire, tests, experiments and approvals to the prevention and extinguishment of fires, on the basis of rules approved by the Minister of the Interior;
  

j) cooperate with the competent authorities, in order to establish and realization of measures on prevention and firefighting arising from international conventions to which Romania is a party or has acceded; *) — — — — — — — — — — — — — *) Note C.T.C.E. Piatra Neamt: see art. 28 of ORDINANCE No. 88 of 30 august 2001 and published in the Official Gazette No. 544 as of September 1, 2001, which States: "International Obligations and actions relating to integration of euroatlantica, civil protection and defence against fire assumed Command of civil protection and the Inspectorate General of Military Firefighters Corps are retrieved, Executive orders, the Ministry of public administration and undertaken by the Inspectorate".

k) organizes courses for the training, certification and specialization of firefighters and civilians involved in the field of technical protection against fires and issued, as appropriate, certificates, patents, certificates or diplomas;
  

atestează l) natural and legal persons for the provision of termoprotecţie works and fire retardant, as well as those of verification, maintenance and repair of autospecialelor, machinery, installations and other technical means intended for the prevention and extinction of fire;
  

m) ensure and coordinate relations with similar bodies in other countries and with international organizations;
  

n) coordinates the activity of public information and with the support of the media, such activities for fire risks, knowledge of the rules and measures of prevention and firefighting;
  

a minimum criteria) establishes performance on organisation and functioning of public services from civilian firefighters;
  

p) Edit publications and specialty papers, draw up regulations, instructions and manuals specific to the firemen;
  

r) organizes data bank relating to fires;
  

performs any other) are given powers by law.
  


Article 18 Brigades and groups of military firefighters following main tasks: to exercise according to law), inspections and checks on the implementation of the legal provisions in the field of preventing and extinguishing fires;
  

b) drawing up the documents operational intervention and determine the forces and means necessary;
  

c) organize military firemen's intervention that participate in firefighting and coordinates the action of all the participating forces;
  

d) after completion of the intervention, the report concluded, according to rules approved by the Minister of the Interior;
  

e) issued opinions and permits for prevention and firefighting, as provided by law;
  

f) are the rules and measures of prevention and firefighting, and the provisions contained in the rules issued under the law by local public administration authorities;
  

g) minimum performance criteria concerning the organisation and functioning of the civil service firefighter, for which there are specific rules;
  

h) acquire, in accordance with the law, authenticated copies of our website from the public authority buildings, institutions and economic agents;
  

I) establish, together with the police and with other competent bodies, causes of fires and production conditions favored development and their propagation, Bank organises data on fires;
  

j) carry out, on request, technical experiments and scientific findings in order to establish the causes of the fire and the production conditions favored development and/or their propagation;
  

k) participate, with strengths and specific means, under the conditions provided by law, to actions of saving or protecting people, animals and property in distress, limitation and elimination of consequences of accidents, catastrophes and natural disasters, as well as the activities of the emergency and civil protection;
  

It carried out with the support of) the media, public outreach for fire risks, knowledge of the rules and measures to prevent them, as well as to the mode of action in case of fire;
  

m) organizes, conducts and lead training activities, and the physics of flocks, according to regulations in force, as well as the professional competitions of firefighters;
  

n) meet any other tasks they are given orders and provisions by legal persons invested with this right.
  


Article 19 (1) Major units, units and military firefighters complete menu tree can provide, for a fee, at the request of individuals and legal entities, some services, as provided by law, such as: a) the supervision of preventive measures and to ensure the intervention for firefighting at trade fairs, exhibitions, cultural and sports events, filming and the like;
  

b) tests, experiments and combustibilitatea checks and reaction to fire, the effectiveness and/or reliability of installations and technical means of prevention and firefighting;
  

c technical assistance), consultations and studies, documentation, as well as checks and verifications on the spot concerning fire protection; specific training activities, training, specialization and certification in the field of the prevention and extinction of fire personnel also powers the Military Firefighters Corps;
  

(d) transport of water) discharge of water from the basements of the buildings or from wells; limitation, collection or removal of polluting products; carrying out works at a height;
  

e) repair and use of technical means for the prevention and extinction of fire.
  

(2) net revenues received from the benefits referred to in paragraph 1. (1) as well as those of the equivalent compensation of costs in cases of interventions remain available to units providing extra-budgetary income, like to cover the costs of investment and maintenance endowment.
  


Chapter 4 Military Fire Corps Staff, its rights and obligations section 1 Military Firefighters Corps Staff Article 20 (1) Firefighter Corps Military Personnel is composed of military and civilian employees. The provisions of law No. 80/1995 on the status of the military, as well as those of the General military regulations apply and firemen, to the extent that, by this law, not otherwise specified.
  

(2) within the Military firemen have the rights and duties laid down in the laws for soldiers within the Romanian armed forces.
  


Article 21 the number of officers, non-commissioned officers, soldiers and craftsmen, soldiers employed on contract basis, conscripts and civilians employees of the military Firefighters Corps, in times of peace and in the mobilization, is determined annually by the Minister of the Interior, subject to a number of individuals for fire approved by the Decree of the Cabinet of Ministers.


Article 22 civilian Employees are subject to the provisions of the status of civil servants and other legal regulations relating to their rights and obligations, to the extent that this law does not provide otherwise.


Article 23 the selection, employment and rights of military personnel and civilian Firefighter Corps Soldiers are done according to the law and orders the Interior Minister.


Article 24 Frames of military firefighters come from the ranks of military education institutions graduates. For some activities can be employed with adequate studies specialists from other sectors of activity.


Section 2 rights and obligations in article 25 (1) staff of the military firefighters units involved in backstopping, monitoring and ascertaining violations of the law in preventing and extinguishing fires as well as intervention, specifically designated by the Commander of the Corps Servicemen, Firemen on the performance of the service, is invested with the exercise of public authority and shall have the following rights and obligations: a) to carry out the control over the implementation of the legal provisions regarding prevention and firefighting including in establishments and places where lies the secret state documents or execute works with such character, in accordance with the law;
  

(b)) to establish binding measures for the prevention and elimination of danger and potential causes of fire and other irregularities in compliance with legal norms on prevention and firefighting; to propose the issue or revocation of permits and permits for prevention and firefighting;
  

c) to organise exercises and tactical applications of intervention for firefighting at institutions and economic agents with the consent and in the presence of their leaders;
  

d) to find and penalize offences regarding prevention and firefighting;
  

e) to find and to bring proceedings, pursuant to article. 61 of the code of criminal procedure, facts that may constitute crimes in the field of preventing and extinguishing fires;
  

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Lit. s) para. (1) of article 1. 25 has been amended by art. 36 of the law nr. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

f) require from individuals and legal entities of any facts, information and documents necessary for the performance of legal duties;
  


g) establish restrictions prohibit the use of fire and carrying out work in flammable substances to prevent fires times explosions;
  

h) to propose, in accordance with the law, cessation of construction works or stopping the use of a building or officials;
  

I) have, in times of necessity, stopping construction demolition officials or set on fire, as well as those of neighboring parts of them, in order to limit the spread of fire to avoid a disaster, if such a danger is real, imminent and inevitable;
  

j) to order uses the buildings set on fire, and the times threatened to land adjacent to them;
  

k) to use, in relation to the needs of water, regardless of the source from which it originates, for interventions at fires;
  

it) to move the vehicles equipped with the place of intervention, on roads that are not open to public traffic times on other lands, if the requirements of efficiency and work require it; to stop or limit the public traffic in the Canton area of intervention operations;
  

m) between, for fulfilling legal in any premises of economic entities, public institutions, private times of socio-political organizations, in compliance with legal provisions;
  

n) the housing to individuals, at the request or with the written consent thereof, as provided by law. Where it is necessary the removal of imminent danger of fire over the lives, physical integrity or property of individuals, the consent is not necessary;
  

a) require the support of the public authorities, mass media and citizens to take urgent measures with a view to preventing, limiting and elimination of some imminent dangers caused by fires, explosions, accidents and other sinister;
  

p) to take, in accordance with the law, the plans of buildings in the administration of public authorities, institutions and economic agents.
  

(2) in exercising the powers laid down by law referred to in paragraph (1) the staff of the body shall make Military Fire known quality and present the ticket service.
  


Article 26 (1) pension rights of officers, WOS, non-commissioned officer, military personnel employed on contract basis and the civilian employees of the military Firefighter shall be determined in accordance with the law.
  

(2) military personnel Military, Firemen Corps fulfilling tasks and activities, fall into Group I work.
  

(3) military personnel, Firemen Corps Troops other than that referred to in paragraph 1. (2) fall into Group II work.
  

(4) employment groups of military personnel of the Military Firefighters Corps is established by order of the Minister of the Interior.
  


Article 27 (1) of the Social Rights provided under the law of the military Firefighters Corps Soldiers are awarded, appropriately, and military employees on contract basis.
  

(2) the legal rights of military cadres and their families or survivors shall grant, as appropriate, properly, and civilian personnel, conscripts, soldiers employed on contract basis, pupils and students in schools and educational institutions, military situations of death times the disability incurred during service times and due in connection with the service.
  

(3) the basis for calculation of the retirement pension militarului followers, died during the service, is the basic gross monthly result for the military hired on contract basis.
  


Article 28 firefighters, military Backgrounds who, for reasons of illness, accidents or other events which have occurred since the time, because of the times in touch with service, no longer can perform tasks and are passed to another function, keeps its money rights and result in other previously proposed.


Article 29 military personnel in fire activity that execute, lead or co-ordinate service missions and tasks under conditions of great danger receive a raise of up to 30%, calculated from the result. Categories of staff in active employment, benefiting from the increase shall be determined by order of the Minister of the Interior.


Article 30 (1) of the staff Corps Military Firefighter i provide free protective equipment appropriate to the specific tasks it performs, and where i have been degraded or been destroyed as a result of the completion of the job duties, clothing, footwear or other personal property, shall be entitled to appropriate compensation, granted by the Ministry of the Interior.
  

(2) the staff of the Corps of military Firemen who participate in interventions whose duration exceeds four hours, i shall provide, for free, a food supplement in the equivalent of 2,000 calories per day.
  


Article 31 (1) permanent military Frames and civilian employees, engineers or architects of Military Firefighters who have been found by a minimum period of 10 years, the function of the inspector in the field of prevention and extinction of fire, I can get out of the service, a patent specialist fireman has been issued upon request by the Commander of the Military Firefighters Corps.
  

(2) the certificate referred to in paragraph 1. (1) give the holder the right to acquire, without another technical and professional accreditation, membership specialist, expert and verifier relating to fire safety in construction work, according to the law.
  


Article 32 Soldiers who satisfied military service in units of the body can get Military Firefighter certificate of qualification in being a firefighter, which is granted on request of the Commander of the Military Firefighters Corps.


Chapter 5 material and financial Assurance Article 33 Military Firefighters Corps has some weapons, ammunition and special equipment, equipment, substances and equipment necessary for the performance of specific duties provided by law, as well as for self-defense and protection objectives within which it operates.


Article 34 (1) Equipping Firemen Corps Soldiers is achieved through caring Ministry of the Interior, domestic production and from imports.
  

(2) Repealed.
  

— — — — — — — — — —-. (2) of article 9. 34 c was repealed. b) art. in accordance with law No. 241 of 12 July 2007 published in MONITORUL OFICIAL nr. 496 of 24 July 2007.

(3) the insurance premiums in respect of accident vehicles, led by the military within-drivers, during the execution of the tasks, shall be paid by the Ministry of the Interior.
  


Article 35 (1) the premises for major units, units and complete menu tree of military firefighters are built from funds allocated to the Ministry of the Interior, on land allotted according to the law, by the local public administration bodies.
  

(2) Buildings, buildings and land owned by major units and Military units Fire Corps, except rented from private individuals, are the property of the State.
  


Article 36 the Inspectorate General of Military Firefighters Corps: a), within the limits of its competencies, technical and economic documentation for their own investment and pursue their enforcement within the time limits laid down;
  

b) lays down the rules of use, maintenance and repair of equipment for special technique;
  

c) run control materials and money spread over large units and subordinate units;
  

(d) exercise any other powers) conferred by law.
  


Chapter 6 final provisions Article 37 rules of organization and operation of the Inspectorate General of Military Firefighters Corps shall be approved by the Minister of the Interior.


Article 38 (1) the Inspectorate General of Military Firefighters Corps collaborates with similar bodies in other countries, on the basis of international conventions to which Romania is party or bilateral agreements.
  

(2) Livestock establishments may participate in Military Fire Corps, under law, to the execution of operations and firefighting or elimination of the adverse effects of accidents, catastrophes and nomad products in other countries, on the basis of agreements concluded between the two sides.
  


Article 39 businesses, institutions and other legal entities and individuals shall be obliged to make available to fire staff, appointed under art. 25, documents and dates that are allowed under the law require for the performance of job duties.


Article 40 expenditure on consumption of water from public networks for the preparation of forces and fire izbucnite the assets belonging to individuals and public domain it supports by the City Council of the administrative territorial unit within which territorial unit or subunit works fire brigade troops or by the City Council of the administrative territorial unit within which the event occurred.


Article 41 Firefighters, people in the country and abroad, who have distinguished themselves in promoting protection against fire, may confer diplomas, cups, Stickers and badges of honour of the Military Firefighters Corps.


Article 42 Large units and units of the military firefighters do not respond in respect of the inherent and are exempt from stamp duty in disputes which concern the payment of reparations for damage caused during the intervention.


Article 43


In the Firefighter can operate Military pensions and rehabilitation, as well as clubs and cultural associations-sports, according to the law.


Article 44 on the date of entry into force of the present law shall repeal art. 23-25 of Decree No. 232/1974 regarding prevention and firefighting, the judgment of the Council of Ministers No. 2,077/1953 for declaration of 13 September as "day of firemen R.P.R." and any other provisions to the contrary.
This law was adopted by the Chamber of deputies at its meeting on 30 September 1996, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
PRESIDENT of the CHAMBER of DEPUTIES ADRIAN NASTASE this law was adopted by the Senate at its meeting on 1 October 1996, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. SENATE CHAIRMAN ION-CARLA-