FIRE PROTECTION ACT("Off. Herald of RS", Nos. 111/2009 and 20/2015) |
Article 1
This Act regulates the fire protection system, rights and obligations of state authorities, authorities of the autonomous province and local government units, companies, other legal and natural persons, organizations of firefighting service, supervision over the implementation of this Act and other issues of importance to the fire protection system.
Provisions of this Act apply mutatis mutandis also to protection against explosions.
Article 2
The fire protection system (hereinafter: fire protection) includes a set of measures and actions for planning, financing, organizing, implementation and control of the fire protection measures and actions, preventing the outbreak and spreading of fire, detection and firefighting, rescuing people and property, environmental protection, identifying and elimination of causes of fire, as well as for providing assistance for eliminating consequences caused by fire.
Article 3
Fire protection entities are state authorities, authorities of the autonomous province, authorities of local government units, companies, and other legal and natural persons.
Article 4
Certain expressions used in this Act have the following meaning:
1) Fire is a process of uncontrolled combustion which endangers the human life and health, tangible property and the environment;
2) Explosion is an abrupt combustion process that occurs as a result of the use of flammable liquids, flammable gases and other combustible materials that can create with air an explosive mixture of explosive substances accompanied by a shock wave of combustion products and increase in temperature, endangering human life and health and tangible properties;
3) Breakdown is the destruction of basic plant installations in commercial, public and other buildings, which pose a threat to the human life and health, tangible property, and the outbreak of fire;
4) Rescue is the intervention of fire-fighting and rescue units to protect human life, physical integrity and tangible property during fires, breakdowns and other emergencies, in accordance with a special statute;
5) Reaction-to-fire properties of the material are contributions of the material to the development of fire due to its own degradation, which occurs by exposure of that material to test conditions defined by a standard, reflected in the class of flammability, smoke emission, drip and/or other expected properties, which compromise evacuation;
6) Fire resistance is the ability of the building or a part thereof to meet the required load bearing (R) and/or integrity (E) and/or thermal insulation (I) and/or other expected feature within a specified time, as required by the standards for testing and classification of fire resistance;
7) Escape route from the building is the way that leads from any point in the building to the outside area or a safe and secure area within the building;
8) Evacuation corridor consists of the structures of the building which limit the communication facilities (corridors, buffer-rooms, staircases, windshields, entrances, etc.) and thus prevent the penetration of flame and smoke from the residence facilities and other premises endangered by fire, and which have such characteristics (resistance and reaction to fire, width, height, etc.) to enable persons caught in a fire to safely and securely (independently or with the help of rescuers) leave the building;
9) Protection systems and equipment are systems used for safety of people occupying the building, the building and firefighters - rescuers (fixed fire-extinguishing systems, fixed fire alarm systems, fixed systems for detection of explosive and flammable gases, smoke and heat control systems, power supply security systems, hydrant network installations for fire extinction as well as mobile fire extinguishers);
10) Residential, i.e. residential and commercial building is a building with over 80% of the usable area intended for housing and ancillary facilities (garages, tenant storage rooms, heating substation, corridors, staircases, elevator shafts, etc.), and where the remaining area is office space;
11) Commercial, i.e. commercial and residential building is a building with over 80% of the usable area intended for business (sales, purchases, services, etc.), and wherein the remaining premises are for residential and/or public purposes;
12) Public facility is a building with over 80% of the usable area intended for gathering of people (hospitality facilities for accommodation - except for the camp, vacation home and apartment, rooms for rent, restaurants and bars - except for stands and similar facilities, educational, cultural, sports, religious, and similar facilities, bus, rail, air terminals, passenger ports, etc.), and wherein the remaining premises are intended for residential and/or commercial purposes;
13) Fire risk assessment is a part of the main design for fire protection i.e. part of the technical documentation for construction of a building whereby the requirements in terms of fire protection measures for construction, materials, installations and need for installing protection systems and equipment are defined, when not established by a statute;
14) Technical documentation is a set of designs that make the project execution plan within the meaning of the statute governing the construction, which are made for the purpose of construction, extension and reconstruction of buildings;
15) Volunteer firefighter associations are associations established for the purpose of organized voluntary participation of citizens in the implementation of fire protection, rescue of people and property;
16) Firefighter associations (municipal, city, district, provincial and Firefighting Association of Serbia) are professional and humanitarian organizations of special interest established for the purpose of organized and unified participation in fire protection, their common goals and development of the awareness of the importance of fire protection, under whose auspices the volunteer firefighter associations and voluntary firefighting brigades operate.
Methods for Accomplishing Fire Protection
Article 5
Fire protection is accomplished by:
1) Organizing and preparing the fire protection entities for the implementation of fire protection;
2) Providing conditions for the implementation of fire protection;
3) Taking measures and actions for the protection and rescue of people, tangible property, and the environment during the outbreak of fire;
4) Supervision of implementation of fire protection measures.
Duties of Fire Protection Entities
Article 6
Fire protection entities shall comply with the obligations established by this Act and regulations issued thereunder, implement fire and explosion protection measures required by a statute, secondary legislation and by-laws, ensure the implementation of fire protection plans and other documents, and they are responsible for any activity that alters or may alter the status and conditions of fire protection.
Fire protection entities shall engage the available human and material resources and participate in extinguishing of the fire and rescuing of the people and property endangered by fire, provided that this is possible without endangering themselves or others.
Article 6а
In order to acquire the knowledge, skills and habits necessary for improving and strengthening positive attitudes and behaviours important for protecting children and students from fire, the competent school and preschool institutions shall establish and implement the fire protection education program within school and preschool programs.
Supervision of establishing and implementing the fire protection education programs is conducted by the ministry in charge of education.
Article 7
The main objective of prescribed fire protection measures is the protection of human life, physical integrity, tangible property and environment.
Article 8
Fire prevention is ensured by planning and implementation of preventive measures and actions so as to as effectively as possible prevent the outbreak of fire, and in case of fire outbreak to minimize the risk to the human life and health, and endangering of tangible property as well as environment, and to localize the fire at the place of outbreak.
Article 9
Fire protection is organized and implemented continuously in all places and in all buildings exposed to fire hazard.
Principle of Raising Awareness
Article 10
Fire protection entities encourage, direct and ensure increase of awareness about the importance of fire protection through a system of education and upbringing, scientific research and technological development, improvement of work processes, as well as public information.
Article 11
State authorities, the authorities of the autonomous province, the authorities of the local government unit, companies and other legal entities shall inform the public about the status of the fire protection and make available necessary information, in accordance with law.
Article 12
Fire protection entities shall be obliged to mutually exchange the information relevant to the fire protection and to harmonize activities significant for the fire protection.
The Republic of Serbia shall cooperate with other countries and international organizations in the field of fire protection.
Article 13
Fire protection entities shall provide mutual assistance in eliminating the consequences of fire.
Article 14
Responsible persons in state authorities, authorities of the autonomous province and local government unit, companies and other legal and natural persons are responsible for implementation of the fire protection measures.
II PLANNING AND ORGANIZING FIRE PROTECTION
Article 15
Fire protection strategy (hereinafter: the Strategy) is adopted by the Government.
The strategy determines the situation in the field of fire protection and the measures to be taken.
The strategy is adopted for the period of at least five years and contains in particular:
1) Description and evaluation of the situation in the field of fire protection;
2) Basic objectives and criteria for the implementation of fire protection in general, by sectors and geographical areas, indicating priority measures of protection;
3) Conditions for the application of the optimal commercial, technical, technological, economic and other fire protection measures;
4) Long-term and short-term measures for prevention of outbreak, mitigation of effects of fire and control of the implementation of fire protection measures;
5) Manner of securing funds for fire protection.
Article 16
(Deleted)
Article 17
The Ministry of Interior (hereinafter: the Ministry), within its jurisdiction, performs the activities significant for the implementation of fire protection.
The Ministry performs tasks related to:
1) Planning, organization and implementation of fire protection measures;
2) Preventive measures for avoiding of outbreak of fire and mitigation of the consequences thereof;
3) Supervision of the implementation of the provisions of this Act and regulations adopted on its basis, fire protection plans and other documents relating to the fire protection;
4) Professional training of members of fire-fighting and rescue units;
5) Education and professional development of persons for performing fire protection tasks;
6) Drafting the Strategy;
7) Cooperation with other fire protection entities;
8) Other activities in the field of fire protection as specified by law.
Ministry of Defense and Serbian Armed Forces
Article 18
The Ministry of Defense performs tasks related to regulating, planning, organizing, implementing and control of the fire and explosion protection at the Ministry of Defense and Serbian Armed Forces, in accordance with the provisions of this Act, the statute that governs the defense system of the Republic of Serbia and the regulations adopted on the basis of the statute.
Article 19
Within the jurisdiction established by the Constitution and the statute, the autonomous province provides the conditions for the implementation of fire protection measures and providing assistance in eliminating i.e. mitigating the consequences caused by fire, and adopts by-laws to improve the status of the fire protection.
Autonomous Province’s Plan for Fire Protection
Article 20
Autonomous province adopts the Fire Protection Plan that contains in particular:
1) Presentation of the current state of fire protection;
2) Fire risk assessment;
3) Organization of fire protection;
4) Proposal of technical and organizational measures to eliminate deficiencies and improve the state of fire protection;
5) Calculation of necessary financial resources;
6) Prescribed calculation and graphic appendices.
The approval of the Ministry is obtained for the Fire Protection Plan, including its amendments and additions.
Article 21
Within the constitutional and statutory scope of authority, the local government unit organizes and provides conditions for implementation of the fire protection measures and providing assistance in eliminating or mitigating the consequences caused by fire, and adopts by-laws to improve the status of the fire protection.
Local Government Unit’s Plan for Fire Protection
Article 22
Local government unit adopts a Fire Protection Plan that contains in particular:
1) Presentation of the current state of fire protection;
2) Fire risk assessment;
3) Fire protection organization;
4) Proposed technical and organizational measures for eliminating deficiencies and improving the state of fire protection;
5) Calculation of the necessary financial resources;
6) Prescribed calculation and graphic appendixes.
The approval of the Ministry is to be obtained for the Fire Protection Plan, including its amendments and supplements.
Classification According to Fire Risk
Article 23
In order to establish the appropriate organization and to take measures necessary for the successful operation and implementation of the fire protection, the Ministry classifies buildings, activities and land according to the fire risk, depending on the technological process that takes place therein; the type and amount of material that is produced, processed or stored; the type of material used for the construction of the facility; significance and size of the facility and the type of plant cover.
Buildings, activities and land are classified into the following categories:
1) With high risk of fire outbreak - the first category of fire risk;
2) With increased risk of fire outbreak - the second category of fire risk;
3) With a certain risk of fire outbreak - the third category of fire risk.
The appeal regarding the decree on classification referred to in paragraph 1 of this Article may be filed with the Ministry within a term of 15 days of the receipt of the decree.
Notwithstanding paragraph 1 of this Article, the Ministry of Defence classifies military buildings and facilities used by the Ministry of Defense and the Serbian Armed Forces.
The Government prescribes the bases, criteria and conditions for classification referred to in paragraph 1 of this Article.
Organization of Fire Protection According to Fire Risk
Article 24
A company, i.e. other legal or natural person, who is the owner i.e. user of the building or land with high risk of fire outbreak, is classified in the first category of fire risk (hereinafter: the first category entity), and is obliged to organize the implementation of preventive measures against fire, to secure a technically equipped and trained fire brigade with the necessary number of firefighters and provide adequate equipment and fire extinguishers.
A company, i.e. other legal or natural person, who is the owner i.e. user of the building or land with increased risk of fire outbreak, is classified in the second category of fire risk (hereinafter: the second category entity), and is obliged to organize the implementation of preventive measures of fire protection, and to have a necessary number of qualified persons on duty for the implementation of fire protection measures, and to provide adequate equipment and fire extinguishers.
A company, i.e. other legal or natural person, who is the owner i.e. user of the building or land with certain risk of fire outbreak, is classified into the third category of fire risk (hereinafter: the third category entity), and is obliged to organize the implementation of preventive measures of fire protection with the necessary number of qualified persons for the implementation of fire protection measures, and to provide adequate equipment and fire extinguishers.
Classification of companies and other legal and natural persons referred to in this Article is performed by the decree referred to in Article 23 of this Act.
The minister in charge of the interior (hereinafter: the Minister) prescribes the necessary technical equipment of the fire brigade and the number of fire fighters referred to in paragraph 1 of this Article, as well as the required number of qualified persons for the implementation of the fire protection referred to in paragraph 2 of this Article.
Commissioning a Legal Entity to Perform Activities
Article 25
A company, i.e. other legal person that meets the prescribed conditions and is authorized by the Ministry for performing the activities referred to in Article 24, may be hired through a contract to perform these activities.
The Minister prescribes detailed conditions for conducting the activities referred to in Article 24 of this Act and the conditions and manner of issuing and revoking authorization referred to in paragraph 1 of this Article.
Fire Protection in Special Purpose Facilities Used by the Ministry of Defense and Serbian Armed Forces
Article 26
Fire protection activities in special purpose facilities used by the Ministry of Defense and Serbian Armed Forces is carried out by the competent military authorities, under the conditions set by the Minister of Defense, in accordance with the provisions of this Act.
Article 27
The entities in the first and second category of fire risk shall adopt the Fire Protection Plan that contains in particular the following:
1) Presentation of the current state of the fire protection;
2) Fire risk assessment;
3) Organization of fire protection;
4) Proposed technical and organizational measures for eliminating deficiencies and improving the state of fire protection;
5) Calculation of the needed financial resources;
6) Prescribed calculation and graphic appendices;
7) Estimate of the maximum number of people that can be safely evacuated from the building.
Entities referred to in paragraph 1 of this Article shall act according to the estimates provided in the Fire Protection Plan.
The Fire Protection Plan, in addition to data referred to in paragraph 1 of this Article, also presents detailed information on the number of firefighters, technical equipment and training of a fire brigade, i.e. the organization of preventive measures for fire protection, continuous duty and information on the number of qualified persons for the implementation of fire protection.
The Fire Protection Plan (of the autonomous province, local government unit and entities referred to in paragraph 1 of this Article) shall be harmonized with the changes resulting from urban, technical and technological and other changes significant for fire protection, through amendments and additions to the fire protection plan.
The Fire Protection Plan and amendments and additions thereof are subject to consent of the Ministry.
The Minister prescribes the manner of drafting and the contents of the fire protection plans of the autonomous province, local government unit and entities belonging to the first and the second category.
Evacuation Plan and Guidelines for Conduct in Case of Fire
Article 27а
Entities belonging to the first, second and third category of fire risk shall have Evacuation Plan and guidelines for conduct in the event of fire which shall be displayed in a visible place.
Entities belonging to the third category of fire risk adopt the Evacuation Plan and guidelines for conduct in the event of fire in line with Article 28 of this Act.
Article 28
A company, i.e. other legal or natural person who is the owner i.e. user of a commercial, industrial and public facilities, and free-standing garages that are not required to have a Fire Protection Plan according to Article 27 of this Act, as well as facilities in the third category of fire risk and residential building adopt the Fire Protection Rules, which include the following:
1) Organization of technological processes in a way which removes the risk of outbreak and spreading of fire, and in the event of its outbreak, provides safe evacuation of people and property, and prevents its spreading;
2) Fire protection which depends on the purpose of the building, with the necessary number of people who are qualified to perform the fire protection activities;
3) Evacuation Plan and guidelines for conduct in case of fire;
4) Method of training employees for implementing fire protection;
5) Rights, obligations and responsibilities of employees for implementing preventive measures against fire;
6) Calculation of the maximum number of people that can be safely evacuated from the building.
Items 2), 4), 5) and 6) in paragraph 1 of this Article do not apply to the obligations of a residential building.
Evacuation plan and guidelines for conduct in case of fire referred to in paragraph 1, item 3) of this Article shall be displayed in a visible place.
Entities referred to in paragraph 1 of this Article shall act in accordance with the calculations provided in the Fire Protection Rules.
Fire Protection in Planning Documents
Article 29
In terms of fire and explosion protection measures, the planning document, in addition to the requirements stipulated by a separate statute which regulates the field of construction and planning of space, contains the following:
1) Water supply sources and the capacity of the city water supply network which provide sufficient amount of water for firefighting;
2) Distance between the zones designed for residential buildings and public facilities and zones designed for industrial buildings and special purpose facilities;
3) Access roads and passages for fire engines;
4) Safety areas between buildings which prevent spreading of fire and explosion, safety distances between buildings or their fire separation;
5) Possibility of evacuation and rescue of people.
Before drafting the planning documents, the entity in charge of the drafting of the planning document shall obtain the opinion of the Ministry which contains the conditions of fire and explosion protection to be regulated by the mentioned planning documents.
Basic Fire Protection Requirements during Design and Construction
Article 30
During designing and construction of the facility, which is being built according to the statute that governs the field of planning and construction, the basic requirements of fire protection shall be ensured so that in the event of fire:
1) The structural bearing capacity is preserved for a certain period of time;
2) Spreading of fire and smoke within the building is prevented;
3) Spreading of fire to adjacent buildings is prevented;
4) Safe evacuation of people, i.e. their rescue, is enabled.
It is deemed that the basic requirements for fire protection, listed in paragraph 1 of this Article, have been fulfilled if the following fire protection requirements have been implemented:
1) Determined by special regulations, standards and other documents which govern the field of protection against fire and explosion;
2) Determined by the fire risk assessment, which indicates the fire protection measures for construction, materials, installations, and equipping with protective systems and devices.
If it is not possible to prove the fulfillment of the fire protection requirements as specified in paragraph 2 of this Article, the Ministry may also accept the proof of fulfillment of fire protection requirements according to foreign regulations and standards, as well as according to recognized calculation methods and models, if provided by these regulations.
Fulfillment of basic requirements of fire protection according to recognized calculation methods and models referred to in paragraph 3 of this Article is proven by functional testing of the system in real conditions, during the process of determining suitability for use in terms of implementation of fire protection measures referred to in Article 36 of this Act.
Deviation from the basic requirement of fire protection is possible if such requirement is regulated in detail by a special regulation.
Article 31
Fire protection main design is an integral part of the technical documentation for the construction, expansion and reconstruction of buildings with all pertaining installations, equipment and devices.
Fire protection main design referred to in paragraph 1 of this Article contains the following:
1) Technical report (information about the building location significant for fire protection, building description, fire risk assessment, division of the building into fire sectors, identification of evacuation routes, criteria for selection of materials for structures that need to be fire resistant, criteria for selection of materials for interior of the building for which special requirements in terms of fire resistance exist, assessment of the fire risk coming from the technological process and materials used or stored therein, description of the installations for automatic detection and fire alarm, detection of explosive and flammable gases, as well as description of fixed and mobile installations for firefighting and fire extinguishers, evacuation routes for rescue of persons and property, criteria for selection of mobile firefighting equipment, description of the installations for fluids used in the building, etc.),
2) Base for calculation (fire load calculation of fire sectors, calculation of the capacity of evacuation routes in the building, calculation of time necessary for evacuation of people, etc.),
3) Graphic documentation (site plan showing the adjacent buildings and roads, plan of all levels and roof, characteristic longitudinal and transverse sections showing fire sectors, disposition of process and technological equipment and equipment which belongs to fire extinguishing installations, schemes of the fire detection and alarm systems, gas detection, lightning protection installations, distribution of mechanical installations for automatic fire extinguishing, smoke and heat ventilation systems, air ventilation system, etc.) and
4) bill of quantities for fire protection equipment and tools.
Notwithstanding paragraph 1 of this Article, the fire protection main design does not have to be an integral part of the technical documentation if the basic requirements of fire protection under Article 30 of this Act may be reviewed through the technical documentation for the construction, expansion and reconstruction of the building.
Drafting of Fire Protection Main Design
Article 32
The fire protection main design is prepared by a company, i.e. another legal person duly registered for performing the activity of drafting technical documentation, which has an authorization of the Ministry for drafting of the Fire Protection Main Design and has employees licensed for preparing of the fire protection main design.
License referred to in paragraph 1 of this Article may be obtained by a person who has:
1) At least the high vocational education in technical sciences;
2) At least five years of work experience in jobs of designing the fire protection measures or supervision thereof;
3) Passed professional exam in the field of fire protection.
The Minister specifies in detail the conditions for obtaining the authorization for preparing the Fire Protection Main Design, as well as the program and manner of taking the professional exam referred to in paragraph 2 item 3) of this Article.
The Ministry keeps records of issued authorizations and licenses referred to in paragraph 1 of this Article.
Article 33
Regional units of state administration bodies in charge of the fire protection give consent to the technical documentation with respect to the fire protection measures, for the construction, reconstruction and expansion of buildings with all pertaining installations, equipment and devices, namely:
1) Residential, residential and commercial buildings and office buildings with surface exceeding 2,000 m2 or number of floors GF + 4 + Loft(LF) or more, buildings for community residence, hotels, motels and buildings for wholesale and retail with surface of more than 400 m2 or number of floors GF + 2, as well as restaurants, bars and similar hospitality facilities;
2) Public facilities elsewhere not mentioned;
3) Large and medium-sized garages that are self-standing, or large and medium-sized garages with associated facilities;
4) Facilities and areas used for production, processing and storing chemicals that can cause fire or explosion or endanger the health and safety of people and tangible property;
5) Buildings with production plants used for production, processing or treatment of solid combustible materials, creating explosive mixtures of gases, vapours and dust;
6) Petrol stations for motor vehicles or self-propelled vessels, with storage capacity up to 500 m3 of flammable liquids;
7) Industrial facilities, high-rack storages, storage buildings with surface of over 1,500 m2, as well as other storage facilities specified by а special regulation;
8) Electric power plants with nominal voltage of 20 and 35 kV, and outdoor substation with power over 2,000 kVA;
9) Crude oil pipelines, refined product pipelines and gas pipelines not included in Article 34, paragraph 1, item 1);
10) Facilities for storage of explosive materials up to 1,000 kg;
11) Free-standing boiler rooms with power over 50 kW;
12) Facilities for basic and processing chemical industry, ferrous and nonferrous metallurgy, facilities for processing leather and fur, rubber processing facilities, facilities for production of cellulose and paper, facilities for processing non-metallic mineral raw materials, facilities for production of biodiesel;
13) Silos, border crossings, penalty correctional institution facilities;
14) Stadiums for 1,000 to 20,000 spectators, facilities in the height category of up to 50 m;
15) Hydroelectric power plants and hydroelectric power plants with associated dam, with power up to 10 MW, thermal power plant with power up to 10 MW and thermal power plant - heating plant, with electric power up to 10 MW, and transmission lines and power substations with voltage up to 110 kV;
16) Facilities and plants for processing of drinking water, and wastewater treatment plants and facilities;
17) Cultural properties of exceptional importance and buildings in their protected environs and cultural property registered in the World Heritage List (except conversion of common premises into an apartment or office space in the protected environs of a cultural property of exceptional importance and cultural property registered in the World Heritage List);
18) Plants for the treatment of non-hazardous waste by incineration or chemical treatments, specified by a special regulation;
19) Plants for the treatment of hazardous waste by incineration, thermal and/or physical, physical-chemical, chemical treatments, as well as central storages and/or landfills for disposal of hazardous waste and the regional landfills, i.e. landfills for disposal of hazardous waste, specified by a special regulation;
20) Ports, harbors;
21) Facilities for production of energy from renewable energy sources (wind, biogas, solar energy, geothermal energy, biomass, landfill gas, gas from municipal wastewaters, etc.) and combined production power plants, with individual power up to 10 MW;
22) Buildings, i.e. parts thereof, used for storing telecommunication equipment and systems.
The provision of paragraph 1 of this Article also relates to the giving of consent to the technical documentation with included changes that occurred during construction of the building in comparison to the technical documentation to which the consent has been given, if such changes affect the safety in terms of protection against fire and explosions.
The consent referred to in paras. 1 and 2 of this Article are obtained by the investor, i.e. the owner of the building, in the procedure specified by a statute that governs construction.
The consent referred to in paragraph 1 of this Article for special purpose facilities used by the Ministry of Defense and Serbian Armed Forces is given by the Ministry of Defense, in accordance with the specific statute.
Consent for Special Facilities
Article 34
The Ministry gives consent to the technical documentation with respect to the fire protection measures, for the construction, reconstruction and expansion of buildings with all pertaining installations, equipment and devices, namely for:
1) Facilities for processing oil and gas, international and main refined product pipelines, gas pipelines and crude oil transport pipelines, gas pipelines with nominal operating pressure of over 20 bar, if they cover at least two municipalities, oil, natural gas and petroleum products storages with capacity over 500 m3, combustible gases storage over 200 m3, as well as terminals for dangerous loads and all facilities used for these purposes in the ports i.e. harbours;
2) Stadiums for 20,000 spectators or more, facilities in the height category of over 50 m, facilities used for production for military purposes (defence industry);
3) Hydroelectric power plants and hydroelectric power plants with associated dam, with power of 10 MW or more, thermal power plant with power of 10 MW or more, and thermal power plants - heating plants, with electric power of 10 MW or more, and transmission lines and power substations with voltage of 110 kV or more;
4) Airports for public air traffic;
5) Road, rail and subway tunnels;
6) Facilities for the production of energy from renewable energy sources (wind, biogas, solar energy, geothermal energy, biomass, landfill gas, gas from municipal wastewaters, etc.) and combined production power plants, with individual power of 10 MW or more;
7) Nuclear facilities and other facilities used for the production of nuclear fuel, radio isotopes, radiation, storage of radioactive waste materials for scientific and research purposes;
8) Facilities for storing explosive materials over 1,000 kg.
The provisions of paragraph 1 of this Article also relate to the giving of consent to the technical documentation with includes the changes occurred during construction of the building in comparison to the technical documentation to which the consent has been given, if such changes affect the safety in terms of protection from fire and explosions.
The consent referred to in paragraph 1 of this Article is obtained by the investor, i.e. the owner of the building, in the procedure specified by the statute governing construction.
The consent referred to in paragraph 1 of this Article for special purpose facilities used by the Ministry of Defense and Serbian Armed Forces is given by the Ministry of Defense, in accordance with the specific statute.
Consent for Part of the Building
Article 35
The consent referred to in Arts. 33 and 34 of this Act are given for the entire building, and when the building is being built in segments for that segment of the building, if that segment represents an economic-technical unit and can be used independently, i.e. if the construction of the entire building shall last longer.
Suitability of the Building for Use
Article 36
When the subject of the technical inspection within the meaning of the statute governing construction is the building referred to in Article 34 of this Act, a member of the commission for technical inspection who determines the suitability of the building for use with respect to implementation of fire protection measures provided for in the technical documentation, is a licensed person employed by the state administration body in charge of the fire protection activities, authorized for adopting decrees within the scope of work. For the needs of this person, technical work is carried out by qualified personnel of the state administration body competent for fire protection activities.
Provisions of paragraph 1 of this Article also apply to certain facilities referred to in Article 33, namely:
1) Residential, residential and commercial and office buildings, categorized as high-rise buildings in accordance with a special regulation;
2) Buildings for community residing, hotels, motels, restaurants and buildings for wholesale and retail with surface of more than 2,000 m2;
3) Nightclubs and similar hospitality facilities;
4) Other public purpose facilities with surface of over 500 m2;
5) Large self-standing garages;
6) Facilities used for production, processing and storing of chemicals that can cause fire or explosion, or endanger health and safety of people and tangible property;
7) Buildings with production plants used for production, processing or treatment of solid combustible materials, creating explosive mixtures of gases, vapors and dust;
8) Petrol stations for motor vehicles or self-propelled vessels, with storage capacity up to 500 m3 of flammable liquids;
9) Industrial facilities with surface of over 3,000 m2, storage buildings with surface of over 1,500 m2, as well as all high-rack storages;
10) Electric power plants with nominal voltage of 35 kV, and outdoor substations with power over 10 MVA;
11) Crude oil pipelines, refined product pipelines and gas pipelines not included in Article 34, paragraph 1, item 1) of this Act;
12) Facilities for storage of explosive materials up to 1,000 kg;
13) Free-standing boiler rooms with power over 300 kW;
14) Facilities for basic and processing chemical industry, ferrous and nonferrous metallurgy, rubber processing facilities, facilities for production of cellulose and paper, facilities for processing non-metallic mineral raw materials, facilities for production of biodiesel;
15) Facilities for correctional institutions;
16) Stadiums for 1,000 to 20,000 spectators;
17) Substations with voltage of 35 kV;
18) Cultural properties of exceptional importance and buildings in their protected environs and cultural properties registered in the World Heritage List (except conversion of common premises into apartment or business premises in the protected environ of a cultural property of exceptional importance and cultural property registered in the World Heritage List);
19) Plants for the treatment of non-hazardous waste by incineration or chemical treatments specified by special regulations;
20) Plants for treatment of hazardous waste by incineration, thermal and/or physical, physical-chemical, chemical treatments, as well as central storages and/or landfill for disposal of hazardous waste and regional landfills, i.e. landfills for disposal of hazardous waste, specified by special regulations;
21) Ports and harbours;
22) Facilities for production of energy from biogas and biomass, and combined production power plants, with individual power up to 10 MW.
Person referred to in paragraph 1 of this Article determines the suitability of the building for use with respect to implementation of fire protection measures by rendering a decree specified in paragraph 1, within a term of 15 days from the day of delivery of the request by the investor.
When the subject of the technical inspection is a building not included in paras. 1 and 2 of this Article, the member of the commission for technical inspection who determines the suitability of the building for use with respect to implementation of fire protection measures provided for in the technical documentation, is a person licensed in accordance with the fire protection regulations.
The building is suitable for use with respect to implementation of fire protection measures if:
1) It has been built in accordance with the consented technical documentation;
2) Following evidence have been provided: on the properties of the structures, as well as the elements of the structures that need to be fire resistant; on the properties of the equipment, devices and installations with special characteristics related to fire and explosion, as well as evidence on the properties of materials for interior and installations regulated by special requirements with respect to fire characteristics, the materials used or stored in the technological process;
3) Evidence has been provided of the proper functioning and operation of mounted installations and devices for automatic fire detection and alarm, fire extinguishing and detection of explosive and flammable gases, installations in explosion danger zones, and installations for smoke and heat ventilation;
4) Evidence has provided of the proper functioning and operation of mounted installations of standpipe network for extinguishing fire, as well as mobile fire extinguishers;
5) Evidence has been provided of the conducted measurements and inspection of installed mechanical, plumbing and electrical installations.
Evidence referred to in paragraph 5, item 3) of this Article is issued by authorized legal person - a contractor with the appropriate authorization for installation of special systems and measures of fire protection.
Evidence referred to in paragraph 5, item 4) of this Article is issued by the authorized legal person referred to in Article 44 of this Act.
Article 37
Technological processes that use or produce flammable liquids and gases, or explosive materials, are carried out in the buildings or parts of buildings that are separated from other production and storage facilities and premises by fire resistant walls that prevent the spread of fire.
Technological processes referred to in paragraph 1 of this Article, as well as works with open flames near flammable liquids, gases, explosive and other substances that can cause fire, shall be organized in such a way that, depending on the nature and working conditions, the risk of fire is eliminated.
Facilities referred to in paragraph 1 of this Article may be constructed only in places with no risk of fire outbreak in accordance with the provisions of the special statute and technical regulations.
Designing and Installing Special Systems
Article 38
Designing and installing special systems and fire protection measures in the buildings used for production, processing and storing of flammable liquids and gases, explosive and other substances that may cause fire in other complex buildings too, is performed by a company, i.e. other legal person inscribed in the appropriate register for the activity of designing and installing, which meets the specific requirements in terms of technical equipment, and employs persons with a license for the design and installation of special systems and fire protection measures.
Professional examination for obtaining the license referred to in paragraph 1 of this Article is taken before a committee of the Ministry.
The Minister prescribes the program of the professional exam, conditions for obtaining the license, detailed requirements for obtaining the authorization to perform tasks and specific conditions of technical equipment referred to in paragraph 1 of this Article, as well as the amount of compensation for the committee referred to in paragraph 2 of this Article.
The list of authorized legal persons who perform the activities referred to in paragraph 1 of this Article is published in the "Official Herald of the Republic of Serbia".
The Ministry keeps records of issued authorizations and licenses referred to in paragraph 1 of this Article.
Tasks of Designing and Installing of Special Systems
Article 39
Design and installation of special systems and fire protection measures referred to in Article 38 include the following activities:
1) Drafting of projects for fixed fire-extinguishing systems and installation of these systems;
2) Drafting of projects for fixed fire alarm systems and installation of these systems;
3) Drafting of projects of fixed systems for detection of explosive gases and vapors and installation of these systems;
4) Drawing up analyses of danger zones and determining of these zones in places endangered by the occurrence of explosive mixtures of flammable gases, vapors of flammable liquids and explosive dusts;
5) Designing and installing electrical installations and devices for areas jeopardized by explosive atmospheres (flammable gases, vapors of flammable liquids and explosive dusts);
6) Designing and installing smoke and heat ventilation systems.
Preventive Measures in High-Rise Buildings
Article 40
A high-rise building, within the meaning of a special regulation, depending on the type and purpose, shall be designed, built, used and maintained in the manner that provides the conditions for safe evacuation of people.
For finishing of the horizontal and vertical surfaces of the evacuation corridors in the buildings referred to in paragraph 1 of this Article, only materials with the required reaction-to-fire properties in line with the regulations and standards can be used, for which the evidence of the reaction-to-fire properties issued by the competent institution in accordance with special regulations shall be obtained and provided to the competent authority for inspection.
In the buildings referred to in paragraph 1 of this Article, the manner of mounting installations and materials for installations shall have appropriate properties during a fire, in accordance with the regulations and standards, and for this it is necessary to obtain evidence issued by the competent institution in accordance with special regulations and give it to the competent authority for inspection.
All built-in installations in buildings shall be maintained in working condition and periodically controlled in accordance with the technical regulations and standards referred to in these regulations.
Roads, Passes, Plateaus and Similar Access Points to Buildings
Article 41
It is not allowed to build or place structures and other obstacles on the roads, passes, plateaus, and similar access points to facilities which are intended for passage of fire engines or evacuation of people and property endangered by a fire.
Fire Detection and Fire Alarm Devices and Fire Extinguishers
Article 42
While designing and building structures such as hotels, department stores, shopping malls, cinemas, children’s institutions, schools, higher education institutions, cultural institutions, medical facilities, sports and concert halls, stadiums with business premises, airport buildings and high-rise buildings, the installation of fire detection and fire alarm system is mandatory.
While designing and building high-rise buildings (except residential buildings), the installation of fire-extinguishing system is mandatory.
While designing and building facilities referred to in paragraph 1 of this Article (except high-rise buildings), it is mandatory to draw up a risk assessment based on calculation method according to the relevant technical regulations and standards in order to determine the need for installation of fixed fire-extinguishing systems, when such installation requirement is not defined by a special regulation.
For facilities not included in paragraph 1, it is mandatory to draw up a risk assessment which determines the need for installing the systems for timely detection, alarm and extinguishing of fire.
Installations and Devices Maintenance
Article 43
Installations and devices for automatic fire detection, alarm, and fire-fighting, detection of explosive and flammable gases, installations in explosion danger zones, installations of smoke and heat ventilation, fire-fighting standpipe installations, as well as mobile fire extinguishers shall be maintained in proper and working condition by implementing the provisions of technical regulations, standards and manufacturers' instructions.
Inspection of Installations and Devices
Article 44
Proper operation of installations and devices for automatic fire detection and alarm, fire-fighting, detection of explosive and flammable gases, installations in explosion danger zones, installations of smoke and heat ventilation, fire-fighting standpipe installations, as well as mobile fire extinguishers shall be inspected every six months by an authorized legal person.
The Minister prescribes specific requirements for granting and revoking the authorization, method for granting and revoking the authorization, special conditions for technical equipment, inspection methods and procedures, content of the inspection document, as well as the number, qualifications and requirements for employees performing inspection activities referred to in paragraph 1 of this Article.
Article 44а
The Minister shall issue technical regulations governing safety and protection from fire and explosions on installations and facilities, taking into account the type of the installation, the specifics of the facility itself, activity performed therein and the risk of fire and explosions to persons and property, as well as other technical regulations necessary for the implementation of this Act.
Measures of Prevention in the Environment
Article 45
While performing work in the nature which may cause fire, especially when using the open flame, measures of fire prevention shall be undertaken.
Ban on Lighting a Fire in the Forest
Article 46
It is forbidden to light an open fire in the forest and at a distance of 200 m from the edge of the forest, except in places designated for that and visibly marked, in accordance with the statutory fire prevention measures.
Article 47
Manager of the protected area established under the regulation governing the protection of nature is required to include in the management plan the preventive measures for fire protection, according to the size of the protected area, type and purpose of the land or buildings under his management.
If the protected area referred to in paragraph 1 of this Article is in the first or second category of fire risk, the manager of the protected area shall include the preventive fire protection measures in the Fire Protection Plan referred to in Article 27 of this Act.
The management plan referred to in paragraph 1 of this Article is subject to the consent of the Ministry.
Article 48
Flammable material shall not be stored in the area which is not at least 6 m away from the building or part of the building, unless specified otherwise by technical regulations.
Article 49
A company, agricultural cooperative, institution or other legal person, sole trader and a farmer who performs harvesting activities is required to take special measures to protect small grain crops from fire.
Special fire protection measures of small grain crops include:
1) Organizing permanent vigilance duty;
2) Organizing surveillance services;
3) Organizing communication and notification service;
4) Equipping machinery with appropriate fire-fighting equipment;
5) Inspection of the fire-fighting equipment;
6) Inspection of proper operation of the machinery;
7) Inspection of the crop storing.
The minister in charge of agriculture, with the consent of the Minister, issues a regulation governing fire prevention measures in agriculture in more detail.
Article 50
It is prohibited to incinerate small grains crops residue, garbage in the open space and plant residue.
A person that causes a fire by taking actions referred to in paragraph 1 of this Article shall reimburse the costs of intervention to the fire-rescue unit, in accordance with a special regulation.
Article 51
Fire guard shall be organized by:
1) A person who decants flammable liquids or flammable gases in quantities above 5 m3;
2) A person who performs works of welding, cutting and soldering, uses open flame or tools that spark when being used in a room that is not specially adapted for this type of work, or at a distance of 200 m from the edge of the forest;
3) Organizer of a public gathering or event at which there is a risk of fire.
Fire guard referred to in paragraph 1 of this Article includes the presence of persons professionally trained for carrying out fire protection measures with adequate fire-fighting equipment.
Requirements for Conducting Fire Protection Activities
Article 52
In addition to the general requirements for employment, special mental, physical and health abilities, the following conditions are necessary for performing fire protection activities:
1) For the first category entities referred to in Article 24, paragraph 1, the fire prevention manager can be a person who acquired at least 240 ECTS credits in academic or vocational studies in the field of technical and technological sciences and the manager of the fire brigade is required to have at least the first level of higher education in the field of technical and technological sciences;
2) For the second category entities referred to in Article 24, paragraph 2, the fire protection manager and the person who is organizing and implementing preventive measures of fire protection shall have at least first level of higher education;
3) Employees in fire brigades, in fire protection service and in fire protection jobs are required to have at least secondary education.
Persons referred to in paragraph 1, item 3) of this Article who are employed for the first time, or allocated for the first time to fire protection activities may not be older than 30 years.
Conditions referred to in paragraph 2 of this Article shall also apply to professional fire-fighting and rescue units of the Ministry.
Article 53
Basic training in the field of fire protection is organized for all employees immediately upon assuming duty, and no later than 30 days from the date of assuming duty.
For the purposes of third parties, legal persons referred to in Article 25 and Article 56, paragraph 1 of this Act conduct basic training and practical test of knowledge of employees. Persons working on fire protection jobs may undertake basic training and practical tests of knowledge referred to in paragraph 1 of this Article at the legal persons where they are employed.
Basic training program is rendered by the employer, i.e. head of the state authority, autyhority of the autonomous province or a local government unit, upon receiving consent from the Ministry.
Program of basic training of employees consists of a general and special part, which contains the particulars of the fire protection for the activity such legal persons engages in. Minimum content of the program for basic training of employees referred to in paragraph 1 of this Article is prescribed by the Minister.
Notwithstanding paragraph 3 of this Article, the Ministry of Defence shall not obtain consent.
Testing of employees’ knowledge is conducted once in every three years.
Article 54
Employees are required to attend the training and knowledge testing in the field of fire protection and to comply with statutory guidelines, warnings, prohibitions, and fire prevention measures during their work, as well as to take part in fire-fighting in case of fire.
Special Training in the Field of Fire Protection
Article 55
Persons working in the fire protection jobs shall attend special training in the field of fire protection (hereinafter: special training) and pass the professional exam no later than one year from the day of employment, i.e. assignment to the fire protection activities.
Persons who attended vocational training courses for fire protection as members of the Serbian Armed Forces, according to the program harmonized with the Ministry, are entitled to take the professional exam referred to in paragraph 1 of this Article.
Professional exam is taken before the commission of the Ministry.
Training type and program, the scope and terms of the special training, examination method, amount of costs of the professional exam, as well as the amount of compensation to the members of the commission referred to in paragraph 3 of this Article, is specified by the Minister.
Legal Persons Conducting the Special Training
Article 56
Special training is conducted by legal persons that meet the specific conditions and have approval of the Ministry.
Conditions referred to in paragraph 1 of this Article are determined by the Ministry.
Special Fire Protection Training in the Ministry of Defense and the Serbian Armed Forces
Article 57
Persons who are working at jobs of fire protection in the Ministry of Defense and the Serbian Armed Forces shall attend special training in the field of fire protection and pass a special professional exam, in the manner specified by the Minister of Defense.
IV ORGANIZATION OF THE FIRE FIGHTING SERVICE
Article 58
Fire brigades are formed for the purpose of implementation of fire protection, rescue of people and property, prevention and combating other technical and technological accidents and natural disasters.
Professional and Volunteer Fire Brigades
Article 59
Fire brigades can be professional and volunteer.
Professional fire brigades are fire-fighting and rescue units of the Ministry (hereinafter: the fire-fighting and rescue units), fire-fighting units of the Ministry of Defense and the Serbian Armed Forces, fire-fighting units of local governments and fire-fighting units of legal persons classified in the first category of fire risk.
Local government units, legal persons and associations may establish volunteer fire brigades.
The Ministry supervises the work of fire brigades, except for the fire-fighting units of the Ministry of Defense and the Serbian Armed Forces.
Fire-fighting and Rescue Units of the Ministry
Article 59а
Fire-fighting and rescue units of the Ministry referred to in Article 59 of this Act are the protection and rescue forces in the Republic of Serbia, pursuant to a specific statute, and they respond in actions aimed at eliminating the occurrence of accidents, rescuing endangered population and tangible property and eliminating the consequences of fire, natural disasters and other accidents.
Rights and obligations of the fire-fighting and rescue units’ members, in terms of employment status, are subject to regulations which govern the employment status of employees of the Ministry.
Organization, mode of operation, procedures while executing the tasks of protection and rescue, as well as the manner of performing the service, as well as the internal order in the unit, in terms of the specifics of organizing the work of the fire-fighting and rescue units, is prescribed in more details by the Minister.
Only the candidates who, upon completion of the public competition, successfully complete the Basic Training for members of the fire-fighting and rescue units of the Ministry, shall wear the uniforms of the members of the fire-fighting and rescue units of the Ministry.
Trainees in the Basic Training for the members of fire-fighting and rescue units of the Ministry, in addition to the basic requirements for employment in the Ministry, established by a special statute, shall comply with special requirements, namely:
1) To not be younger than 19 years or older than 30 years;
2) To reside at least one year in the territory of the organizational unit for which the public competition is announced;
3) To meet specific requirements in terms of health, mental, physical and basic motor skills criteria.
In order to by assigned to management positions in the fire-fighting and rescue units of the Ministry it is required to have at least five years of working experience on tasks of protection and rescue in the fire-fighting and rescue units.
Members of the fire-fighting and rescue units of the Ministry shall develop their professional skills in accordance with the plans and programs established by the Ministry.
The Minister issues more detailed regulations on the criteria for selection of trainee candidates for the Basic Training for fire-fighting and rescue units members, as well as on the professional training, development and promotion of the members of the Ministry’s fire-fighting and rescue units.
Professional Fire Brigades of Local Government
Article 60
Local government units establish professional fire brigades upon providing adequate facilities for the personnel, equipment and machines, as well as personal protection equipment, firefighting devices, equipment and machinery, in accordance with the applicable standards and norms.
The minimum number of firefighters, as well as technical equipment and training of professional fire brigades of the local government is prescribed by the Minister.
Rights, Obligations and Responsibilities of Fire Brigade Members
Article 61
The rights, obligations and responsibilities of fire-fighting and rescue unit members are subject to regulations governing the police.
The rights, obligations and responsibilities of the fire-fighting and rescue unit members of the Ministry of Defense and the Serbian Armed Forces are subject to regulations governing defense and the Serbian Armed Forces.
The rights, obligations and responsibilities of fire brigade members of the local government units are subject to regulations governing the employment relations in the local governments.
Article 62
Upon getting employed by a fire-fighting and rescue unit, the employee shall attend training and pass the professional exam in the field of fire protection, in accordance with the plan and program determined by the Minister.
An employee who fails to pass the exam within the precribed period shall have his empoyment terminated.
The Minister prescribes the program and content of training and professional examination referred to in paragraph 1 of this Article.
Article 63
(Deleted)
Uniform and Intervention Equipment
Article 64
Members of a fire-fighting and rescue unit wear regulation uniform for carrying out tasks and missions, and regulation intervention equipment for extinguishing fires and for other emergency interventions, in accordance with the regulations governing the police.
Article 65
Funds for planned activities of voluntary firefighting societies, i.e. firefighting associations established for a certain territory, are provided, in accordance with a statute, by the budget of local government units, the budget of the autonomous province, and the budget the Republic of Serbia.
The establishment, organization, operation, rights and obligations of members of the volunteer fire brigades, societies i.e. associations, is prescribed by the Minister.
Cooperation in Extinguishing Fire
Article 66
Fire brigades shall cooperate and provide mutual assistance in firefighting and emergency situations, in accordance with a special statute.
For the purpose of extinguishing fires and rescuing people and property endangered by the fire, fire brigades may provide support to the neighbouring countries’ fire brigades, i.e. seek help from them, in accordance with the Government's decision and concluded agreements on international cooperation.
Article 67
If a fire-fighting and rescue unit participates in extinguishing of a fire, the leader of such unit is in charge of the firefighting.
Until the arrival of the fire-fighting and rescue unit, the leader of the fire brigade that was the first to start extinguishing is in charge of firefighting.
Rights of the Person in Charge of Firefighting
Article 68
During firefighting and protection of people and property endangered by a fire, and during other interventions, the person in charge of the firefighting, i.e. the intervention manager, is entitled to:
1) Prohibit access to the site of firefighting or other emergency venue to unauthorized persons, as well as to stop the traffic next to such site;
2) Order the evacuation of persons and property from the endangered territories, premises and facilities;
3) Order the shut-down of electricity, gas and liquid fuels supply;
4) Order the use of water and other firefighting means used by legal and natural persons, if the needed amount of water, i.e. other fire extinguishing agents, cannot be provided otherwise;
5) Order the use of vehicles owned by legal and natural persons for transport of the injured in the fire, evacuation of persons and property and delivery of extinguishing agents;
6) Order the removal of vehicles and other items located on the fire escape route or beside the fire hydrant which interfere with or prevent the access to the site of firefighting or usage of hydrant network;
7) Order other legal and natural persons to make available tools, transport, and technical and other resources needed for firefighting and rescuing people and property endangered by fire;
8) Order partial or complete demolition of buildings or parts of buildings that are not affected by fire, in the event that firefighting or rescue of human lives cannot be otherwise provided;
9) Take measures to secure evacuated property;
10) Take measures and actions to secure clues and items important to determine the cause of the fire;
11) Order forceful opening of a locked building or premise for the purpose of firefighting and rescuing of people and property;
12) Order the persons who are able to work, who live in the immediate vicinity of the fire site, as well as persons found on the fire site, to assist in firefighting and rescuing of people and property;
13) Seek assistance from other fire brigades and all other services that may take part in firefighting and rescuing of persons and property.
Article 69
Fire brigades submit a report on all performed intervention to the competent fire-fighting and rescue unit, which keeps the unified records of all performed interventions.
The Ministry keeps records of all emergency events and fires on the territory of the Republic of Serbia, and issues a certificate about the occurred fire at the request of an interested party.
The Minister determines the content and manner of keeping records referred to in paras. 1 and 2 of this Article.
Article 70
Fire-fighting and rescue units draw up operational maps for extinguishing fires in entities classified in the first and the second fire risk category.
A copy of the operational map is delivered to the fire brigade, i.e. the relevant fire protection service within the entity.
Entities referred to in paragraph 1 of this Article shall provide all necessary information and expert assistance for making the operational map.
Article 71
Citizen who notices immediate risk of fire or notices fire shall eliminate the risk, i.e. extinguish the fire if he may to this without endangering himself or others. If a citizen cannot put out the fire on his own, he shall immediately inform the nearest fire brigade about that, i.e. the police station.
It is prohibited to falsely report fire and other technical and technological accidents.
A person who falsely reports fire bears the costs of the fire-fighting and rescue unit intervention conducted under the false report.
Rights of Citizens Who Participated in Firefighting
Article 72
A person that gets injured or falls ill while providing assistance in firefighting or during firefighting training, resulting in absence from work i.e. inability to work, is entitled to health, pension and disability insurance under the conditions set out for a police officer.
If a person loses life while providing assistance referred to in paragraph 1 of this Article, his family is entitled to pension insurance in the same manner as the family of a police officer who lost his life in the line of duty or in connection to that.
A person who makes available the means and equipment for firefighting upon the orders of the person in charge of the firefighting action, i.e. the intervention manager, in accordance with Article 68 of this Act is entitled to compensation of material damages, in accordance with the law.
V SUPERVISION OF THE FIRE PROTECTION IMPLEMENTATION
Article 73
Supervision of the implementation of the provisions of this Act and regulations adopted thereunder is performed by the Ministry, through its inspectors.
Notwithstanding paragraph 1 of this Article, the supervision of fire protection implementation in special purpose facilities used by the Ministry of Defense and the Serbian Armed Forces is conducted by the Ministry of Defense.
A periodic inspection is carried out at the entities in the first and the second category of fire risk, in accordance with the regulation adopted by the Minister.
Article 74
Inspection activities are performed by a person with high i.e. higher vocational education in technical or other appropriate field, who passed special professional exam of the Ministry and who fulfils other requirements prescribed by law.
The Minister determines the program and examination method for the special professional exam for inspectors referred to in paragraph 1 of this Article.
Article 75
Inspectors participate in the fire scene investigation and take measures to identify the cause of fire and eliminate damaging consequences.
Rights and Duties of Inspector
Article 76
During inspection, the inspector has the right and duty to:
1) Enter the private property at the request of tenants, or in order to eliminate serious immediate threat to life and health of people and property in a large scale;
2) Inform the competent authority i.e. the competent inspector that the construction of the building is not carried out in accordance with the fire protection measures laid down in the main design.
Owners i.e. users of buildings and other real estate shall allow the inspection and provide the inspector the required documentation, necessary data and notifications.
Article 77
The inspector may issue an order for the following measures to be undertaken:
1) Ban on the use of tools and means that pose an immediate fire outbreak risk, until the risk is eliminated;
2) Ban on carrying out certain work in the building, part of the building or premise if there is obvious danger of the outbreak and spread of fire, or if the conditions for the safe evacuation of people have not been secured, pending elimination of this immediate risk by other fire protection measures (adjustment of the building, part of the building or premise by placing fire barriers, etc.), as well as a ban on the use of the building, if the suitability for use of the building has not been determined according to Article 36 of the Act;
3) Adjustment or partition of the building to prevent the outbreak and spread of fire and endangering of people and property;
4) Ban of smoking, use of open fire or appliances in certain areas where there is a danger of fire outbreak;
5) Procurement of necessary fire-fighting equipment and means for fire extinguishing, as well as their maintenance in proper working condition;
6) Other measures that are aimed at preventing the outbreak and spreading of fire and ensure the protection of people and property.
The appeal against the order referred to in paragraph 1, items 1), 4) and 6) does not delay enforcement.
Article 78
In conducting supervision, the inspector is authorized to order the following:
1) That the appliances, installations and equipment are brought into proper working condition;
2) That the reconstruction of the building or individual rooms therein is conducted in order to implement fire prevention measures;
3) Removal of the waste from closed or open space which was created in the work process or stored in forbidden places;
4) Removal of the items from the premises or areas which pose a risk of outbreak and spreading of fire, or which prevent quick and safe exit from the endangered building or area;
5) Maintenance of all forest roads and paths in a state that allows daily access of fire engines;
6) Mounting of fixed, semi-fixed, mobile, i.e. other appropriate firefighting and fire alarm devices and installations, as well as other protective equipment and installations;
7) Construction of necessary exits from the facility or a part thereof, in order to facilitate a quick exit of persons in case of fire;
8) Denying access to vehicles that, when operational, create sparks in places where this would pose a risk of fire outbreak;
9) Bringing the fire equipment and firefighting means in proper working condition or placing this equipment and means in a certain spot;
10) Removing i.e. changing those elements in plants, installations and devices that can cause fire when used;
11) Removing flammable materials used for finishing of horizontal and vertical surfaces in evacuation routes;
12) Testing of the knowledge and skills of the fire brigade members.
Article 79
Due to immediate fire danger, the inspector shall issue an order to prohibit:
1) Storing of raw materials, finished products or other items in closed or open storage areas that pose the risk of the outbreak and spread of fire;
2) Usage of open fire in closed and open spaces (smoking, welding, use of lamps with open flame, open fireplaces, electrical installations not designed specifically, etc.);
3) Use of facilities or parts thereof, parts of plants, installations or other devices, if the deficiency that may cause fire cannot be eliminated by their adjustment;
4) Use of devices, installations and means before the measures are taken to eliminate the risk;
5) Performance of a particular work in the facility or in a part thereof, premise, i.e. area (varnishing, decanting of flammable liquids and gases, etc.).
The appeal against the order referred to in paragraph 1 of this Article does not delay the enforcement.
Supervision of Building Construction
Article 80
Supervision of the construction of buildings includes:
1) Control whether the construction is performed according to the certified main designs, the fire protection main design, and the special systems and fire protection measures main designs;
2) Control and checking the quality of execution of all types of works and implementation of regulations, standards to which the technical regulations refer, and technical norms in the field of fire protection; verification whether there is evidence of the quality of materials, equipment and installations that are built in, according to the certified main designs, the fire protection main design, and the special systems and fire prevention measures main designs; giving instructions to the contractor; cooperation with the designer to ensure technological and organizational solutions for carrying out works and resolving other issues that arise during the execution of works.
Supervision referred to in paragraph 1 of this Article is conducted by a person who fulfils the conditions for conducting professional supervision, in accordance with the regulations governing planning and construction, who has appropriate licenses referred to in Art. 32 and 38 of this Act, and who is appointed by a written document of the investor or his representative to perform these activities during carrying out of works.
The Minister determines detailed conditions and manner of revoking authorizations and licenses referred to in Art. 32 and 38 of this Act, as well as the composition and manner of operation of the commission for revoking licenses, which shall be formed by the decision of the Minister.
The Ministry keeps records on revoked authorizations and licenses referred to in paragraph 3 of this Article.
Article 81
A legal person shall be fined 500,000 to 3,000,000 dinars for a corporate offence, if it:
1) Performs the activities referred to in Article 24 of this Act without complying with stipulated conditions and without the authorization from the Ministry to perform these activities (Article 25 paragraph 1);
2) Draws up the fire protection main design without complying with stipulated conditions (Article 32 paragraph 1);
3) Performs activities referred to in Article 38 paragraph 1 of this Act, without complying with stipulated conditions;
4) Performs activities referred to in Article 44 paragraph 1, without complying with stipulated conditions and without authorization (Article 44);
5) Performs special training without complying with specified conditions and without approval of the Ministry (Article 56 paragraph 1).
For corporate offences referred to in in paragraph 1 of this Article, a responsible person in a legal person shall also be fined 50,000 to 200,000 dinars.
For the activities referred to in paragraph 1 of this Article, a protective measure may be imposed in addition to fine, prohibiting the legal person to perform a certain business activity, i.e. prohibiting the responsible person in the legal entity to perform certain duties for a period of six months to five years.
Offences Committed by a Legal Person
Article 82
A legal person shall be fined 300,000 dinars to 1,000,000 dinars for the offence, if it:
1) Fails to secure a technically equipped and trained fire brigade with the necessary number of firefighters, fails to secure the implementation of preventive measures of fire protection and continuous on duty presence with the necessary number of professionally qualified persons for the implementation of fire protection, fails to organize the implementation of preventive measures of fire protection with the necessary number of prefessionally qualified persons for the implementation of fire protection measures, and fails to provide adequate equipment and fire extinguishers (Article 24, paras. 1, 2 and 3);
2) Fails to adopt Fire Protection Plan (Article 27, paras. 1 and 3);
3) Fails to act according to calculations from the fire protection plan (Article 27, paragraph 2);
4) Fails to adopt amendments and additions to the fire protection plan (Article 27, paragraph 4);
5) Fails to display in a visible place the evacuation plan and procedures to be followed in the event of fire (Article 27а);
6) Fails to act according to calculations from the fire protection rules (Article 28, paragraph 4);
7) Fails to adopt the Fire Protection Rules (Article 28 paragraph 1);
8) Fails to display Evacuation Plan and guidelines for conduct in case of fire in a visible place (Article 28, paragraph 3);
9) Fails to obtain consent of the Ministry in line with Article 33, paras. 1, 2 and 3, Article 34, paras. 1, 2 and 3, and Article 35 of this Act;
10) Performs technological processes in places and in the manner contrary to Article 37, paras. 1 and 2 of this Act;
11) Fails to provide conditions for safe evacuation of people in high-rise buildings (Article 40 paragraph 1);
12) Fails to build in materials with the required reaction-to-fire properties in accordance with the regulations and standards, fails to obtain evidence of the reaction-to-fire properties and fails to provide it to the competent authority for inspection (Article 40, paragraph 2);
13) Fails to mount the installations in the proper manner, or if the materials used for installations do not have appropriate properties in line with regulations and standards, fails to obtain the evidence from a competent institution and fails to provide it to the competent authority for inspection (Article 40, paragraph 3);
14) Fails to maintain built-in installations in buildings in good working condition and fails to periodically control them in accordance with the technical regulations and standards those regulations refer to (Article 40, paragraph 4);
15) Builds or places objects and other obstacles on the roads, passes, plateaus, and similar access points to facilities which are intended for passage of fire engines or evacuation of people and property endangered by fire (Article 41);
16) Fails to install fire detection and alarm systems (Article 42, paragraph 1);
17) Fails to install fire-extinguishing systems (Article 42, paragraph 2);
18) Fails to draw up risk assessment referred to in Article 42 of this Act (Article 42, paras. 3 and 4);
19) Fails to keep the installations and devices referred to in Article 43 of this Act in good working condition (Article 43);
20) Fails to inspect in line with Article 44 of this Act whether the installations and devices operate properly (Article 44);
21) Fails to include the preventive measures for fire protection in the management plan of the protected area and fails to obtain the consent of the Ministry (Article 47);
22) Stores flammable material in the area contrary to Article 48 of this Act;
23) During harvest, fails to take special measures to protect small grain crops from fire (Article 49 paras. 1 and 2);
24) Incinerates small grains crops residue, plant residues and waste in the open space (Article 50, paragraph 1);
25) Fails to organize the fire guard (Article 51);
26) Fails to organize basic training of employees in the field of fire protection within a stipulated deadline and fails to test practical knowledge of the employees within stipulated deadline (Article 53, paras. 1 and 6);
27) If persons engaged in the fire protection activities fail to attend special training in the field of fire protection and pass the professional exam no later than one year from the date of employment, i.e. assignment to the fire protection activities (Article 55, paragraph 1);
28) Fails to allow the inspector to preceed with his activities undisturbed, fails to provide the inspector with necessary documentation and objects, and fails to provide other requested assistance (Article 76, paragraph 2);
29) Fails to implement instructed fire protection measures within the deadline specified in the order of the competent authority for interior (Articles 77 and 78);
30) Violates the prohibition order (Article 79);
31) Fails to appoint a person in charge of supervising the construction of the building (Article 80).
For the offences referred to in paragraph 1 of this Article, a responsible official of the legal person shall also be fined 10,000 to 50,000 dinars.
For the offences referred to in paragraph 1 of this Article, a sole trader shall be fined 150,000 to 500,000 dinars.
For the offences in paragraph 1 of this Article, a legal person or a sole trader may be imposed with a protective measure in addition to fine, prohibiting performance of certain business activities for a period of six months to three years.
Offences Committed by Responsible Officials of a State Authority, Authority of the Autonomous Province and Local Government Unit
Article 83
A responsible official in the competent authority shall be fined 10,000 to 50,000 dinars, if he:
1) (Deleted)
2) Fails to adopt the Fire Protection Plan (Art. 20 and 22);
2а) Fails to adopt and make amendments and additions to the Fire Protection Plan (Article 27, paragraph 3);
3) Fails to obtain the opinion of the Ministry which contains the conditions of fire and explosion protection (Article 29, paragraph 2);
4) Issues usage permit without obtaining prior consent on the suitability for use with respect to implementation of fire protection measures (Article 36, paragraph 6);
5) Fails to organize basic fire protection training of employees within the prescribed term and fails to test practical knowledge of employees within the prescribed term (Article 53, paras. 1 and 6).
Offences Committed by a Natural Person
Article 84
A natural person shall be fined 10,000 to 50,000 dinars for the offence, if he:
1) Builds or places objects and other obstacles on the roads, passes, plateaus, and similar access points to facilities intended for passage of fire engines or evacuation of people and property endangered by fire (Article 41);
2) Lights an open fire in the forest and at a distance of 200 m from the edge of the forest contrary to Article 46 of this Act;
3) Stores flammable material in the area contrary to Article 48 of the Act;
4) During harvest, fails to take special measures to protect small grain crops from fire (Article 49 paras. 1 and 2);
5) (Deleted)
6) Fails to organize the fire guard (Article 51);
7) Notices immediate risk of fire outbreak or notices a fire, but fails to eliminate the risk, i.e. extinguish the fire, or fails to imidiately inform the nearest fire brigade, i.e. police station (Article 71, paragraph 1);
8) Falsely reports a fire or other technical and technological accident (Article 71, paragraph 2);
8а) Fails to obtain consent in line with Arts. 33, 34 and 35 of this Act.
Natural person shall be fined for the offence with 10,000 dinars if he incinerates small grains crops residue, waste and plant residues in the open space (Article 50, paragraph 1).
VII TRANSITIONAL AND FINAL PROVISIONS
Agreement of the Ministry and a Local Government Unit
Article 85
On the territory of a local government where the fire brigade has not been established, the fire brigade operations shall be performed by the fire-fighting and rescue unit of the Ministry, until the fire brigade is established.
The Ministry and local governments may conclude an agreement regulating the issues of transferring, i.e. taking over the equipment and resources available to the Ministry, which are necessary for the start of operations of professional fire brigades.
Harmonization of Operations and Bylaws
Article 86
Companies and other legal persons that perform activities subject to special requirements under this Act shall harmonize their operations with the provisions of this Act within one year from the day of entry into force of this Act.
State authorities, authorities of autonomous province, authorities of a local government, companies and other legal persons shall harmonize their bylaws pertaining to fire protection with the provisions of this Act within one year from the day of entry into force of this Act.
Persons that Passed Professional Exam
Article 87
Persons who passed the professional exam until the day of entry into force of this Act, which confirmed their professional abilities for carrying out activities defined by this Act according to the regulations that were in force at the time of their examination, as well as the persons whose right of performing certain activities has been recognized under these regulations, are also eligible for performing such activities according to the provisions of this Act, if they fulfill other prescribed requirements.
Article 88
Proceedings initiated before the entry into force of this Act shall continue according to the regulations that were in force before the day of entry into force of this Act.
Article 89
The Fire Protection Act ("Official Herald" of SRS, No. 37/88 and "Official Herald of RS", Nos. 53/93, 67/93, 48/94 and 101/05), are repealed as of the day of entry into force of this Act, except for the provisions in Articles 74-79, which shall be repealed in line with a special statute.
Secondary legislation prescribed by this Act shall be enacted within six months from the day of entry into force of this Act.
Provisions of the applicable secondary legislation that are not in conflict with the provisions of this Act shall remain applicable until the secondary legislation referred to in paragraph 2 of this Article starts applying.
Article 90
This Act enters into force on the eighth day following the day of its publication in the "Official Herald of RS", and shall be applicable after expiry of nine months from the day of entry into force of this Act.
Independent articles of the Act on
amendments and additions to the Fire protection act
("Off. Herald of RS", No. 20/2015)
TRANSITIONAL AND FINAL PROVISIONS
Article 38
Secondary legislation envisaged by this Act shall be enacted within six months from the day of entry into force of this Act.
Article 39
This Act enters into force on the eighth day following the day of its publication in the "Official Herald of the Republic of Serbia".