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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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LEGE no. 121 121 of 16 October 1996 (* updated *) on the organization and functioning of the Military Firefighters Corps * *) ((applicable from 1 February 2014 *)
ISSUER PARLIAMENT




--------------- *) The updated form of this normative act until February 1, 2014 is carried out by the legal department of S.C. "Territorial Center of Electronic Computing" S.A. Piatra-Neamt by including all the changes and additions made by: ORDINANCE no. 88 88 of 30 August 2001 ; LAW no. 241 241 of 12 July 2007 ; LAW no. 255 255 of 19 July 2013 . The content of this act is not an official document, being intended to inform users --------------- **) Note C.T.C.E. Piatra Neamt: According to Annex 1, ORDINANCE no. 88 88 of 30 August 2001 published in MONITORUL OFFICIAL no. 544 of 1 September 2001, this law will be amended accordingly. The Romanian Parliament adopts this law + Chapter 1 General provisions + Article 1 (1) The body of the Military Firefighters is the public institution of national interest, specialized in fire prevention and extinction and invested with powers of coordination, control and granting of technical assistance in this field, under the law. (2) The General Inspectorate of the Military Firefighters Corps is part of the organizational structure of the Ministry of Interior. + Article 2 The Corps of the Military Firefighters collaborates, for the performance of its duties, with the public administration authorities, the armed forces and the protection forces, with other institutions and bodies that have powers to defend the order public, preventing and combating sinister, defending the life and physical integrity of people, public and private wealth, as well as environmental protection. + Chapter 2 Organization and functioning of the Military Fire Corps + Article 3 (1) The body of the Military Firefighters is constituted of large units, specialized units and subunits, organized on military principles. (2) The Corps of Military Firefighters has in composition: a) General Inspectorate of the Military Firefighters Corps; b) brigades and military firefighting groups; c) military educational institutions for fire personnel; d) Centre for studies, experimentation and specialization for the prevention and extinction of fires; e) training centres; f) Repair base of autospecials and fire prevention and extinguishing machinery; g) National Museum of Firemen; h) The basis for logistics. + Article 4 (1) The General Inspectorate of the Military Firefighters Corps is the central unit that exercises the management, guidance and control of the major units and fire units provided in art. 3 3 para. ((2). (2) The General Inspectorate of the Military Firefighters Corps has in its structure: the General Staff, the Fire Prevention Inspection, directions, services, wards and offices. (3) The General Inspectorate of the Military Firefighters Corps is led by a fire officer, as commander of the Military Firefighters Corps, appointed to this position by the interior minister. He is helped in his work as deputies appointed by the interior minister. + Article 5 The General Inspectorate of the Military Firefighters Corps is represented, in relations with central and local public administration authorities, with similar bodies in other countries, as well as with international organizations, by the commander or by its power of attorney. + Article 6 Large units and military fire units are established by order of the Minister of Interior, with the opinion of the Supreme Council of Defense of the Country, and their duties are established by regulations of organization and functioning. + Article 7 (1) Military brigades and military fire groups are large units or units intended to execute specific fire prevention and extinguishing missions in the areas of competence established by Government decision and have in composition: fire prevention inspection, battalions, detachments, wards, stations, pickets, military fire crews and functional compartments, according to the organization status approved by the interior minister. (2) The size of the herds and the technical-material endowment of the military brigades and groups shall be determined according to: the area, population and economic potential of the area of competence and its characteristics from the point of view of fire protection; nature and level of potential fire risks; building fire density, size and behaviour; roads and their practicability; water supply sources for fire; with technical means of fire prevention; consequences of any fires. (3) Military brigades and firefighting groups are led by commanders, fire officers, aided by deputies. In the exercise of their duties, the commanders issue orders and provisions. (4) The large units and military fire units have the battle flag. + Article 8 Military firefighting battalions execute specific missions in areas established by order of the commander of the military fire brigade. + Article 9 Detachments, wards, stations, pickets and military fire crews are subunits from the structure of units that execute specific fire prevention and extinguishing missions, to limit the effects of sinister, as well as activities. discharge and pre-hospital medical emergency. + Article 10 Military fire personnel are organized, according to the law, military educational institutions, the Faculty of Fire, for officers and military schools, for foremen and non-commissioned officers. + Article 11 The center of studies, experimentation and specialization for fire prevention and extinction is the unit that provides in laboratories and profile polygons: testing of fuel and testing of materials; studying, experimenting and verification of procedures, substances and technical means of fire prevention and extinguishing; specialization of fire personnel. + Article 12 (1) The training centers are units intended for the specialized military, physical and mental training of personnel and military personnel within the Military Fire Corps units. (1) Within the training centres may be organized, under the conditions provided by law, courses for the training, attestation and improvement of civil firefighters and other persons carrying out activities in the field of fire prevention and extinction. + Article 13 The repair base is the unit that ensures the repair of autospecials, machinery and specific equipment from the endowment of large units, units and subunits of military firefighters. + Article 14 The National Museum of Firemen is the profile institution that ensures the identification, purchase, exposure and preservation of heritage pieces specific to the activity of military and civilian firefighters. + Article 15 The basis for logistics is intended to ensure the supply, storage, preservation and distribution of necessary material means to the Military Firefighters Corps. + Article 16 At the level of the General Inspectorate of the Military Firefighters Corps, the large units and units are organized, as required, administrative, technical, financial and medical compartments, which respond to the entire logistic activity necessary to carry out staff missions and training. + Chapter 3 Duties of the General Inspectorate of the Military Firefighters Corps, brigades and military fire groups + Article 17 (1) The General Inspectorate of the Military Firefighters Corps has the following main tasks: a) develop the general conception of fire prevention and extinction and control its application; b) establishes the capacity for intervention, combat and mobilization of large units, units and subunits of military firefighters and takes measures to ensure it; c) develop general rules and provisions for the prevention and extinguishing of fires, which they submit to the approval of the Minister of the Interior; d) endorse the rules and measures to prevent and extinguish fires, contained in norms, regulations, standards and other technical prescriptions developed, according to the law, by other bodies and institutions of the specialized central public administration, elaborated on the basis of the rules mentioned c); e) develop general technical conditions, mandatory for the design, approval and execution in the country of autospecials, machinery, installations, equipment, substances, accessories and other technical means of fire prevention and extinguishing and endorses the use of imported ones; f) endorses, authorizes and verifies the application of legal provisions in the field of fire safety; participates in the technical-professional attestation of project verifiers, technical officers and experts in the construction activity, as well as to issue the technical approvals of the new products and processes in this field; g) ensures the issuance of technical norms regarding the operation, maintenance, repair, removal from operation, declassification and scrapping of autospecials, equipment, means and equipment for fire prevention and extinguishing, as well as for specific installations related to ships and trains intended for fire intervention; h) establishes the methodology for the classification of the materials and substances ' fuel, as well as for the testing of their fire behavior; i) authorizes and accredits laboratories and polygons of fire tests, testing, experimentation and aggressions in the field of fire prevention and extinction, based on the regulation approved by the Minister of Interior; j) work with the competent authorities, in order to establish and carry out the measures to prevent and extinguish the fires arising from the international conventions to which Romania is a party or joined; *) ------------- *) Note C.T.C.E. Piatra Neamt: See also art. 28 of ORDINANCE no. 88 88 of 30 August 2001 published in MONITORUL OFFICIAL no. 544 544 of 1 September 2001, which provides: " The international obligations and actions on Euro-Atlantic integration, civil protection and fire defense assumed by the Civil Protection Command and the General Inspectorate of the Military Firefighters Corps take over, staggered, to the Ministry of Public Administration and shall be fulfilled by the Inspectorate. " k) organizes courses for the training, attestation and specialization of civil firefighters and technical staff with attributions in the field of fire protection and issues, as appropriate, certificates, patents, attestations or diplomas; l) attestes to natural and legal persons for the provision of thermal protection and fireproofing works, as well as those for checking, maintenance and repair of autospecials, machinery, installations and other technical means intended to prevent and firefighting; m) ensures and coordinates relations with similar bodies in other countries, as well as with international organizations; n) coordinate the public information activity and carry out, with the support of the media, such activities for the knowledge of fire risks, norms and measures to prevent and extinguish fires; o) establish the minimum performance criteria for the organisation and operation of civil service public services; p) edits publications and specialized works, elaborates regulations, instructions and manuals specific to firefighters; r) organizes the data bank on fires; s) performs any other duties that are given to it by law. + Article 18 Brigades and military fire groups have the following main duties: a) exercise, according to the law, inspections and controls on how to apply the legal provisions in the field of fire prevention and extinction; b) prepare the operative intervention documents and establish the necessary forces and means; c) ensure the organization of the intervention of military firefighters participating in firefighting and coordinate the action of all participating forces; d) after the end of the intervention operations, conclude the intervention minutes, according to the regulation approved by the Minister of the Interior; e) issue notices and permits to prevent and extinguish fires, provided by law; f) give their consent to the rules and measures to prevent and extinguish the fires, contained in the norms and provisions issued, according to the law, by the local public administration authorities; g) establish the minimum performance criteria for the organization and operation of civil fire services, for which no specific regulations are elaborated; h) take over, under the law, copies authenticated from the plans of buildings from the administration of public authority, institutions and economic agents; i) establish, together with the police and other bodies empowered by law, the causes of the fires and the conditions that favored their development and propagation, organize the data bank on fires; j) carry out, on request, technical-scientific experiments and findings in order to establish the causes of fires and conditions that have favored their development and/or propagation; k) participate, with specific forces and means, under the conditions provided by law, to actions to rescue or protect people, animals and goods in danger, to limit and remove the consequences of accidents, catastrophes and calamities natural, as well as to medical emergency and civil protection activities; l) carry out, with the support of the media, public information activities for the knowledge of fire risks, norms and measures to prevent them, as well as the mode of action in case of fire; m) organizes, carries out and conducts the professional, military and physical training activities of the staff, according to the regulations in force, as well as the professional competitions of the firefighters; n) perform any other tasks that are given to them by order and provisions by persons legally vested with this right. + Article 19 (1) The large units, units and subunits of military firefighters may provide, for a fee, at the request of natural and legal persons, some services, under the conditions provided by law, such as: a) supervision of measures to prevent and ensure intervention for firefighting at fairs, exhibitions, cultural-sports events, filming activities and the like; b) tests, experiments and checks on the fuel efficiency and behaviour, the effectiveness and/or reliability of the installations and the technical means of fire prevention and extinguishing; c) consultations, expert technical assistance and studies, documentation checks, as well as spot checks on fire protection; specific training, training, specialization and attestation activities in the field of the prevention and firefighting of personnel with such duties outside the Military Firefighters Corps; d) water transport, water discharge from the basements of buildings or wells; limitation, collection or removal of some polluting products; e) repair and use of technical means to prevent and extinguish fires. (2) Net incomes collected from the benefits provided in par. (1), as well as those in the compensation of the value of the consumptions in cases of interventions remain at the disposal of the prestate units as extra-budgetary income, for the coverage of investment, maintenance and endowment expenses. + Chapter 4 Personnel of the Military Fire Corps, its rights and obligations + Section 1 Military Personnel Corps Personnel + Article 20 (1) The personnel of the Military Firefighters Corps are composed of military and civilian employees. Provisions Law no. 80/1995 on the status of military personnel, as well as those of the general military regulations shall also apply to military firefighters, in so far as, by this law, it is not ordered otherwise. (2) The military within the fire units shall have the rights and duties provided for in the legal provisions for the military in term of the armed forces of Romania. + Article 21 The number of posts of officers, military foremen, non-commissioned officers, military personnel on a contract basis, military personnel in term and civilian employees from the Military Fire Corps units, in peacetime and mobilization, shall be established annually by the Minister of internal, within the limits of fire personnel approved by Government decision. + Article 22 Civil servants shall be subject to the status of civil servants and to the provisions of other legal regulations relating to their rights and obligations, in so far as this law is not otherwise ordered. + Article 23 The selection, framing and granting of the rights of military and civilian personnel from the Military Firefighters Corps are made according to the law and orders of the interior minister. + Article 24 Military fire personnel come from the ranks of graduates of military educational institutions. For some activities, specialists with appropriate studies from other sectors of activity can be employed. + Section 2 Rights and obligations + Article 25 (1) Staff of military fire units with powers of guidance, control and finding of violations of the law in the field of fire prevention and extinction, as well as intervention, namely designated by the commander of the Military Firefighters Corps, on the time of service is invested with the exercise of public authority and has the following rights and obligations: a) to carry out the control over the application of the legal provisions on fire prevention and extinction, including in the units and places where state secret documents are located or works with such character, under the conditions the law; b) establish mandatory measures to prevent and eliminate the states of danger and potential causes of fire and other irregularities found in compliance with the legal norms for the prevention and extinction of fires; to propose its release the withdrawal of notices and authorisations to prevent and extinguish fires; c) to organize exercises and tactical intervention applications for firefighting at institutions and economic agents, with the agreement and in the presence of their leaders; d) to find and sanction the contraventions regarding the prevention and extinction of fires; e) to find and notify, under the conditions of art. 61 of the Code of Criminal Procedure, facts that may constitute crimes in the field of fire prevention and extinction; ----------- Lit. e) a par. ((1) of art. 25 25 has been amended by art. 36 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. f) to request from natural and legal persons any data, information and documents necessary to carry out the legal duties; g) establish restrictions or prohibit the use of open fire and carry out works with flammable substances, in order to prevent the occurrence of fires or explosions; h) to propose, under the law, to stop the construction works or to stop the operation or use of a construction; i) to order, in situations of necessity, to stop the operation or demolition of the burning construction, as well as to those neighboring or parts thereof, in order to limit the spread of fires and avoid a disaster, if such a danger is real, imminent and inevitable; j) order the restriction of the use of burning or threatened buildings, as well as of the land in their vicinity; k) to use, in relation to the needs, water, regardless of the source from which it comes, for interventions to fires; l) to travel with autospecials from the equipment to the intervention site, on roads that are not open to public traffic or on other lands, if the operational and working requirements require it; to stop or limit public traffic in the area the deployment of intervention operations; m) to enter, in order to carry out the legal duties, in any premises of economic units, public or private institutions, social-political organizations, in compliance with the legal provisions; n) to enter the home of individuals, at the request or with their written consent, under the conditions provided by law. Where it is necessary to remove an imminent danger of fire on the life, physical integrity or property of persons, consent is not necessary; o) to seek the support of public authorities, media and citizens to take urgent measures to prevent, limit and eliminate imminent dangers caused by fires, explosions, accidents and other sinister; p) to take over, under the law, the plans of buildings from the administration of public authorities, institutions and economic agents. (2) In exercising the legal powers provided in par. (1), Military Fire Corps personnel will make their quality known and present the service card. + Article 26 (1) The right to pension of officers, military foremen, sub-officers, military employees on the basis of contract and civil employees of the Military Firefighters Corps shall be established under the law. (2) Military personnel of the Military Firefighters Corps, who perform duties and intervention activities, fall into the first group of work. (3) Military personnel of the Military Firefighters Corps, other than the one provided in par. ((2), falls within the second group of work. (4) The group of military personnel of the Military Firefighters Corps shall be established by order of the Minister of the Interior. + Article 27 (1) Social rights provided, according to the law, to military personnel of the Military Firefighters Corps shall be granted, accordingly, to the military employees on a contract basis. (2) The legal rights of the military personnel and their families or their descendants shall be granted, as appropriate, also to civilian personnel, military personnel, employees on a contract basis, to students and students from schools and military educational institutions, for situations of death or disability intervening during and because of the service or in connection with the service. (3) The basis for the calculation of the pension for the offspring of the military in term, died during and due to the service, is the gross monthly basis for the employee on the basis of the contract. + Article 28 Military fire personnel, who, for reasons of illness, accidents or other such events, occurred during, due to or in connection with the service, can no longer perform their duties and are listed in another position, retain their duties. solda and the other money rights previously had. + Article 29 Military fire personnel in activity, who execute, conduct or coordinate missions and service tasks in particular danger conditions, benefit from an increase of up to 30%, calculated on the base solda. The categories of staff in activity, who benefit from this increase, shall be established by order of the Minister of the Interior. + Article 30 (1) The personnel of the Military Fire Corps shall be provided, free of charge, protective equipment appropriate to the specific missions they perform, and if they have degraded or destroyed them, as a result of the performance of their duties, clothing, footwear or other personal property, is entitled to appropriate compensation, granted by the Ministry of Interior. (2) The personnel of the Military Firefighters Corps, who participate in interventions whose duration exceeds 4 hours, shall be provided, free of charge, a food supplement in the equivalent of 2,000 calories, for each day of intervention. + Article 31 (1) Permanent military personnel and civilian employees, engineers or architects from the Military Firefighters Corps, who have completed, for a minimum of 10 years, the position of specialized inspector in the field of fire prevention and extinction, may obtain, upon leaving the service, a specialist firefighter's patent, issued, upon request, by the Commander of the Military Firefighters Corps. (2) The patent provided in par. (1) entitles the holder to acquire, without another technical-professional attestation, the quality of specialist, verifier and expert on fire safety in the construction activity, under the law. + Article 32 The soldiers who met the military internship in the Military Firefighters Corps units can obtain a certificate of qualification in the job of firefighter, which is granted, on request, by the commander of the Military Firefighters Corps. + Chapter 5 Financial and financial insurance + Article 33 The Corps of Military Firefighters has in its endowment weapons, ammunition, technique, equipment, substances and specific equipment, necessary to fulfill the duties provided by law, as well as for self-defense and protection of the objectives in which it carries out activity. + Article 34 (1) The endowment of the Military Firefighters Corps is carried out, through the care of the Ministry of Interior, from domestic and import production. ((2) Abrogat. ----------- Alin. ((2) of art. 34 34 was repealed by lit. b) a art. unique from LAW no. 241 241 of 12 July 2007 published in MONITORUL OFFICIAL no. 496 496 of 24 July 2007. (3) The insurance premiums for the damage caused by accident of motor vehicles, led by the military in term-drivers, during the execution of the intervention missions, shall be paid by the Ministry of Interior. + Article 35 (1) The headquarters for the large units, units and subunits of military firefighters shall be built from the funds allocated to the Ministry of Interior, on the lands assigned, under the law, by the local public administration bodies. (2) The buildings, buildings and land, owned by the major units and units of the Military Firefighters Corps, except those rented from individuals, are property of the state. + Article 36 General Inspectorate of the Military Firefighters Corps: a) approve, within the limits of his/her competences, the technical-economic documentation for his/her own investment works and shall pursue their execution within the b) establish the rules for use, maintenance and repair for the special equipment; c) execute the control of material and money means distributed to large units and subordinate units; d) exercise any other powers conferred by law. + Chapter 6 Final provisions + Article 37 The regulation of organization and functioning of the General Inspectorate of the Military Firefighters Corps is approved by the Minister of the Interior. + Article 38 (1) The General Inspectorate of the Military Firefighters Corps collaborates with similar bodies in other countries, based on international conventions to which Romania is part or bilateral agreements. (2) The personnel of the Military Fire Corps units may participate, according to the law, in the execution of operations and firefighting works or for the removal of the negative effects of accidents, catastrophes and calamities produced in other countries, on the basis of agreements concluded between the parties. + Article 39 Economic agents, institutions, other legal entities and individuals are obliged to provide fire personnel, designated according to art. 25, the documents and data that are requested, according to the law, for the performance of their duties. + Article 40 Expenditure related to the consumption of water from public networks for the preparation of forces and to extinguish fires in goods belonging to natural persons and to the public domain shall be borne by the local council of the establishment administrative-territorial within the radius of which the unit or territorial subunit of military firefighters operates or by the local council of the administrative-territorial unit within which the event occurred. + Article 41 Military firefighters, people from the country and abroad, who have distinguished themselves in promoting fire protection, can be awarded diplomas, cups, badges and the Military Fire Corps Honor Plate. + Article 42 Large units and military fire units do not respond for the damage inherent in the intervention process and are exempt from stamp duty in disputes that have as their object the payment of compensation for damage caused during the intervention. + Article 43 Within the Military Firefighters Corps can operate rest and recovery houses, clubs, as well as cultural-sports associations, according to the law. + Article 44 On the date of entry into force of this Law, the art. 23 23-25 of Decree no. 232/1974 on the prevention and extinction of fires, Decision of the Council of Ministers no. 2.077/1953 for the declaration of September 13 as "Fire Day of the R.P.R." and any other provisions to the contrary. This law was adopted by the Chamber of Deputies at the meeting of September 30, 1996, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE This law was adopted by the Senate at the meeting of October 1, 1996, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT ION SOLCANU -------