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Fire check, fire safety check. The most frequent fire safety violations in educational institutions

When conducting inspections by the state fire supervision authorities (scheduled inspections, preparation for the new school year, etc.), the most frequent violations are listed below. For the convenience of applying the norms and rules of fire safety, references to the document in which these norms are indicated are indicated.

(Excluding Rules of the fire regime in the Russian Federation, approved by Decree of the Government of the Russian Federation of April 25, 2012 No. 390)

1. The external fire water supply system (fire water supply network with fire hydrants, fire extinguishing pump station, fire tanks) is inoperative - there is no pressure in the outdoor water network, fire pumps have not been commissioned, installation of instrumentation has not been completed, fire pumps are not provided with electricity first category of reliability.

(Basis: GOST 12.1.004-91; GOST 12.1.033-81; Clause 3, Clause 89 PPB 01-03; SNiP 2.04.02-84 *; PUE).

2. Direct intake of water from the fire tanks by fire engines is not possible, while the installation of receiving wells of 3-5 m3 in volume, connected to the tanks with pipelines of at least 200 mm in diameter, with the device in front of the receiving well on the connecting pipe of the well with a valve, did not work which should be brought out under the manhole cover.

(Basis: GOST 12.1.004-91 *; GOST 12.1.033-81; Clause 3 of PPB 01-03; Clause 9.32 of SNiP 2.04.02-84 *).

3. Fire hydrants are inoperable - it is not possible to install a fire truck on them due to improper installation of fire hydrant hatches.

(Basis: GOST 12.1.004-91 *; GOST 12.1.033-81; Clause 89 of PPB 01-03).

4. Fire tanks are not equipped with level sensors.

(Basis: GOST 12.1.004-91 *; GOST 12.1.033-81; clause 3 of PPB 01-03; clause 13.36 of SNiP 2.04.02-84).

5. Fire hydrants have not been tested for water loss (the test is performed with the installation of a fire truck and the preparation of the relevant act).

(Basis: GOST 12.1.004-91 *; GOST 12.1.033-81; clause 3 of PPB 01-03; clause 3.4, clause 3.5 of SNiP 3.01.04-87).

6. Fire tank tests have not been performed (the test is carried out with filling the tanks and drawing up the relevant act, with the participation of the representative of the gas control unit).

(Basis: GOST 12.1.004-91 *; GOST 12.1.033-81; p. 3 PPB 01-03; SNiP 3.01.04-87).

7. At the location of the fire water sources (fire hydrants, fire tanks), also in the direction of movement to them there are no corresponding signs illuminated by lamps connected to the emergency lighting network.

(Basis: GOST 12.1.004-91 *; GOST 12.1.033-81; Clause 3, Clause 90 PPB 01-03; Clause 4.8 SP 31-110-2003; NPB 160-97; GOST 12.4.026- 2001).

8. The installation of the internal fire water supply system has not been completed - the installation of the fire pump start buttons has not been completed directly at the fire hydrants, there is no pressure in the internal fire water supply network, and commissioning tests have not been carried out either.

(Basis: GOST 12.1.004-91 *; GOST 12.1.033-81; Clause 3., Clause 89 PPB 01-03; Clause 6.4 of SNiP 21-01-97 *).

9. Fire cabinets are not marked with lettering (PC), serial numbers and phone numbers of the nearest fire station. It is necessary to put letters (PCs), serial numbers and phone numbers of the nearest fire station on fire cabinets in accordance with the requirements of GOST 12.4.009.

(Basis: GOST 12.1.004-91 *; GOST 12.1.033-81; Clause 3, Clause 108, Appendix 3 PPB 01-03; NPB 151-00).

10. Do not seal the doors of the fire cabinets.

(Basis: GOST 12.1.004-91 *; GOST 12.1.033-81; Clause 3, PPB 01-03; Clause 4.7 * NPB 151-00).

11. An instruction has not been developed that defines the procedure for switching on fire pumps in a pumping station.

(Basis: GOST 12.1.004-91 *; GOST 12.1.033-81; Clause 92 of PPB 01-03).

12. The ordinance document does not determine the time period for testing fire pumps.

(Basis: GOST 12.1.004-91 *; GOST 12.1.033-81; Clause 93 of PPB 01-03).

13. The external open staircase of the 3rd type, in violation of the requirements of the working draft, is made with external walling from translucent partitions - that is, it is actually closed, not open.

(Basis: GOST 12.1.004-91 *; GOST 12.1.033-81; Clause 3 PPB 01-03; Clause 4.3, Clause 5.15 of SNiP 21-01-97 *).

14. An external open staircase of the 3rd type is located at a distance of at least 1 m from the window openings of the building.

(Basis: GOST 12.1.004-91 *; GOST 12.1.033-81; Clause 3 of PPB 01-03; Clause 6.30 of SNiP 21-01-97 *).

15. The doors in the corridors between blocks A and D are not double-sided, and therefore these doors (when people are evacuated from one block of the school through the stairwell of another block) do not open in the direction of exit from the building.

(Basis: GOST 12.1.004-91 *; GOST 12.1.033-81; clause 3 of PPB 01-03; clause 6.17 of SNiP 21-01-97 *).

16. In the stairwell in block D between the flights of stairs and between the handrails of the staircases fences, a clearance of at least 75 mm wide in plan view was not made.

(Basis: GOST 12.1.004-91 *; GOST 12.1.033-81; Clause 3 of PPB 01-03; Clause 8.9 of SNiP 21-01-97 *).

17. Fire doors are not equipped with self-closing devices. (Ground: GOST 12.1.004-91 *; GOST 12.1.033-81; Clause 3. PPB 01-03; Clause 7.17 of SNiP 21-01-97 *).

18. At the exits to the roof and to the attic, no information about the location of the key is posted from the stairwells.

(Basis: GOST 12.1.004-91 *; GOST 12.1.033-81; Section 44 of PPB 01-03).

19. In the volume of the staircase of block A at the level of access to the roof, storage of combustible materials is allowed.

(Basis: GOST 12.1.004-91 *; GOST 12.1.033-81; Clause 3, Clause 53 of PPB 01-03).

20. Devices for self-locking stairwell doors are inoperative.

(Basis: GOST 12.1.004-91 *; GOST 12.1.033-81; Clause 3, Clause 53 of PPB 01-03; Clause 6.18 * SNiP 21-01-97 *).

21. The exit from the staircase of block D to the attic of the building is made through a hatch with a fire resistance less than EI 30, which does not have a fire safety certificate, there is no fixed steel step-ladder for access to the attic.

(Basis: GOST 12.1.004-91 *; GOST 12.1.033-81; p. 3 of PPB 01-03; p. 8.4 * SNiP 21-01-97 *; Order of the Ministry of Emergency Situations of Russia dated 8.07.2002 No. 320).

22. Fire-retardant treatment of wooden roof structures provided for by the project has not been performed.

(Basis: GOST 12.1.004-91 *; GOST 12.1.033-81; p. 36 PPB 01-03; p. 4.3, p. 7.12, p. 7.13 of SNiP 21-01-97 *).

23. Doors of emergency exits do not open from the inside without a key.

(Basis: GOST 12.1.004-91 *; GOST 12.1.033-81; Clause 3 of PPB 01-03; Clause 6.18 * SNiP 21-01-97 *).

24. The fire station premises is not provided with round-the-clock duty staff.

(Basis: GOST 12.1.004-91 *; GOST 12.1.033-81; clause 3 of PPB 01-03; clause 12.48 * NPB 88-2001 *).

25. The fire station is not provided with three hand-held portable electric lamps.

(Basis: GOST 12.1.004-91 *; GOST 12.1.033-81; Section 97 of PPB 01-03).

26. In the building of the school the emergency (evacuation) lighting device was not made.

(Basis: GOST 12.1.004-91 *; GOST 12.1.033-81; clause 3 of PPB 01-03; clause 7.61 of SNiP 23-05-95; SP 31-110-2003).

27. The plans for the evacuation of people in the event of a fire, carried out in accordance with GOST R 12.2.143-2009, are not posted in prominent places in the school building.

28. In addition to the evacuation plans, instructions have not been developed defining the procedures for personnel to conduct a safe and quick evacuation.

(Basis: GOST 12.1.004-91 *; GOST 12.1.033-81; p. 16 PPB 01-03).

29. The facility is not fully equipped with primary fire extinguishing equipment - the installation of fire panels on the territory of the economic zone has not been completed, including at a reserve diesel power station.

(Basis: GOST 12.1.004-91 *; GOST 12.1.033-81; p. 108, appendix 3 to PPB 01-03).

30. The installation locations of fire extinguishers are not indicated by corresponding signposts.

(Basis: GOST 12.1.004-91 *; GOST 12.1.033-81; GOST 12.4.026-2001; Cl. 108 PPB 01-03; NPB 160-97).

31. The person responsible for the acquisition, repair, safety and preparedness for the operation of primary fire extinguishing agents has not been determined by order; the logbook for checking the availability and condition of primary fire extinguishing agents has not been established.

(Basis: GOST 12.1.004-91 *; GOST 12.1.033-81; p. 108, appendix No. 3 of PPB 01-03).

32. The existing fire extinguishers are not numbered with white paint in order for technical extinguishers not established technical passports of the established form.

(Basis: GOST 12.1.004-91 *; GOST 12.1.033-81; Appendix 3, clause 16 of PPB 01-03).

33. The category and class of the zone are not defined according to the rules for the installation of electrical installations of technical rooms, production rooms, pantries, ventilation electrical panels and other fire hazardous rooms, the corresponding signs on the doors of these rooms are not installed.

(Basis: GOST 12.1.004-91 *; GOST 12.1.033-81; Section 4.33 of PPB 01-03).

34. In production, administrative, storage and auxiliary facilities, there are no prominent signs with a telephone number for calling the fire department.

(Basis: GOST 12.1.004-91 *; GOST 12.1.033-81; Clause 13 of PPB 01-03).

35. Fire safety signs are not posted at the facility in accordance with the requirements of regulatory documents on fire safety.

Basis: GOST 12.1.004-91 *; GOST 12.1.033-81; Clause 27 of PPB 01-03).

36. There are no (not submitted) fire safety certificates for cable products, fire doors, hatches, fire-retardant valves of the ventilation system and other products subject to mandatory certification in the field of fire safety, and therefore it is not possible to determine their compliance with fire safety requirements.

(Basis: GOST 12.1.004-91 *; GOST 12.1.033-81; p. 3 PPB 01-03, Order of the Ministry of Emergency Situations of Russia of 08.07.2002 No. 320).

37. None (a technical report on the testing and commissioning of electrical equipment, lightning protection, grounding has not been submitted, and therefore it is not possible to determine their compliance with fire safety requirements.

(Basis: GOST 12.1.004-91 *; GOST 12.1.033-81; Clause 3, Clause 57 PPB 01-03; PUE; Clause 3.5 SNiP 3.01.04-87; Clause 1.13 RD. 34.21.122 -87).

38. On the front side of the electrical panels and assemblies of the lighting network, inscriptions (marking) with the value of the fuse current on the fuses or the rated current of the circuit breakers and the name of the electrical receivers were not made.

(Basis: GOST 12.1.004-91 *; GOST 12.1.033-81; Clause 3, Clause 57 PPB 01-03; Clause 2.12.5 PTEEP; PUE).

39. Fire safety training was not conducted with employees of the organization. (Basis: GOST 12.1.004-91 *; GOST 12.1.033-81; Clause 7 of PPB 01-03).

40. No training was given to employees on fire safety measures with the issuance of qualification certificates for fire-technical minimum programs.

(Basis: GOST 12.1.004-91 *; GOST 12.1.033-81; Clause 3, Clause 7 of PPB 01-03).

41. For the organization, the administrative document does not establish the fire safety regime appropriate to its fire hazard, including those not defined and not regulated by order:

Smoking area;

The procedure for cleaning combustible waste and dust;

The procedure for de-energizing electrical equipment in case of fire and at the end of the working day;

The procedure for temporary fire and other fire hazardous work;

The procedure for inspection and closure of premises after completion of work;

Actions of employees in case of fire detection;

The procedure and terms for passing fire training and classes on the fire-technical minimum, as well as the appointment of a person responsible for their conduct.

(Basis: GOST 12.1.004-91 *; GOST 12.1.033-81; p, 15 PPB 01-03).

Download presentation. The most frequent fire safety violations in educational institutions.

Recently, there has been an increase in deaths and injuries of people in fires. Cases of fires and sunburns occurring in enterprises are not new. According to statistics, the main causes of fires in this case are careless handling of fire, including during hot work, a malfunction, or a disruption in the operation of electrical wiring and electrical appliances.

The most common violations in the field of fire safety encountered at the enterprise are:
- cluttering aisles,
- non-compliance of escape routes with the requirements of fire safety standards,
- lack of warning systems and fire automatics,
- as well as violation of the rules of operation of electric networks and electrical equipment.

Do not clutter with furniture, equipment and other objects doors, hatches, transitions to adjacent sections, exits to stairs, landings, staircases, corridors, elevator halls. Do not remove doors provided for in the design documentation for the evacuation exits from floor corridors, halls, foyers, vestibules and stairwells, other doors that prevent the spread of dangerous fire factors along the evacuation routes.

Doors on escape routes should open freely and in the direction of exit from the building. It is forbidden to glaze balconies, loggias and galleries that lead to stairwells, to arrange pantries (closets) in stairwells and floor corridors, and also to store things, furniture and other combustible materials under staircases and staircases.

Exits and escape routes must comply with fire safety requirements for illumination, size, quantity. It is not uncommon that evacuation routes of an enterprise do not meet basic safety rules for evacuating people in case of emergency. For example, according to fire safety requirements, the use of certain finishing materials on evacuation routes, in particular wood finishing, is prohibited. It is also impossible to finish evacuation routes (corridors) with materials for which there is no fire safety certificate. Because there are materials, such as plastic panels, whose appearance cannot be immediately determined whether they are combustible or non-combustible, emit toxic substances or not, etc.

Another rather common violation, especially dangerous in crowded places, is narrowed doorways, for example, instead of 1.20 m laid down according to the rules, they are 90 cm. Therefore, in an emergency, a traffic jam, crush and etc. Very often, a fire control system is absent or does not meet the requirements at enterprises. So in very few establishments, escape routes are equipped with emergency lighting and emergency exit signs (signposts). But in case of a fire, the main power supply is often turned off, and in this case emergency lighting should light up and the emergency exit should be lit to give people the opportunity to navigate in the dark, in an unfamiliar place.

An equally serious violation, which, incidentally, is found in many premises owned by small businesses, is the absence of smoke exhaust systems. Imagine: with a closed volume, where there is no possibility of smoke removal and a concentration of toxic substances increases, a person loses orientation and can suffocate from combustion products.

In any institution where there are a lot of people, there should be an automatic fire warning system. There are a lot of them now - from the simplest ones, such as a loudspeaker, to advanced ones that work in automatic mode. This is especially true for institutions working with children - this is, if we are talking about small business, private schools, kindergartens, etc.

Many enterprises do not have automatic fire protection systems installed or do not comply with the standards. For example, there is no automatic fire extinguishing system, or elementary automatic fire alarm.

Well, the two most common violations of fire safety rules that are ubiquitous in all small businesses and are, by the way, according to statistics, the most common causes of fires: smoking in unidentified places (that is, in workrooms) and violation of the requirements for the operation of electrical wiring. The latter violation causes 25% of fires. As a rule, this is due to overload on the power grid (the use of electric heating devices, etc.), poor insulation of wires, etc.

REMEMBER: any fire is easier to prevent than to extinguish.

Responsibilities for monitoring the implementation of fire safety rules are assigned to the bodies of the State Supervision. In its activities, this organization relies on the Fire Prevention Rules in the Russian Federation (approved by Decree of the Government of the Russian Federation No. 390 of April 25, 2012). These rules establish fire safety requirements that are binding on everyone.

The Rules detail the responsibilities of organizations, their leaders, as well as individual entrepreneurs, depending on the type of activity. In accordance with article 6 of the Fire Safety Law, officials of the State Fire Supervision Service, that is, fire inspectors, have virtually unlimited access to all territories and facilities, whether it be industrial, retail, warehouse or office premises. Moreover, checks and examinations can be carried out, including after hours.

At the same time, state institutions and commercial organizations are in almost the same position: in the circumstances specified by law, a fire inspector has the right to completely or partially suspend their work. The inspector has the right to withdraw from production, stop production and suspend the sale of goods (works, services) if they do not meet fire safety requirements, as well as impose administrative penalties on citizens and legal entities.

Note that unhindered access to residential and other premises, as well as to land plots owned by citizens, firefighters can only if there is reliable evidence of violation of fire safety requirements, that is, when there is a threat of fire or a threat to people's safety. Firefighters are not supposed to disturb honest citizens for no reason.

Another thing - legal entities and individual entrepreneurs. Their fate is often entirely in the hands of a fire inspector. It is hoped that the current difficult circumstances will not become the basis for possible abuse.

In each subject of Russia as part of the State Fire Service there are regional departments, city and district departments (inspections) of fire supervision. Inspectors representing these institutions supervise the fire safety of all organizations by conducting various types of control checks. The latter are divided into planned (detailed) and unscheduled, which, in turn, are divided into:

control;
operational;
on complaints.

Each fire inspector makes a monthly audit schedule, in which he writes down every day which firms he plans to visit as part of a detailed audit. The finished document must be approved by the chief state inspector of the city (head of department) or district (head of district department) for fire supervision or their deputies.

Planned and control

Inspections are scheduled and unscheduled. Planned, in turn, are divided into detailed and control.

Inspectors, as a rule, warn a company or a merchant in advance of a scheduled inspection by phone call. This is done because the rules for the implementation of control measures require the presence of the owner of the company or any of its employees. Although it is better if during such a visit the head of the company or the person responsible for fire safety will be present.

A detailed (planned) check cannot be carried out more often than once every two years. If during it firefighters find violations and write out the order, then they have the right to come back in a month and check whether it was executed properly. Such a check is called a control. If during its implementation it turns out that this instruction was not fulfilled, the firefighter can draw up a protocol in 2 copies about the violation and send it to the district or magistrate. The second copy of the document is handed to the head or other official of the organization against receipt within 10 days after verification. After some time, the fire inspector will come again.

During the verification check, he will establish whether his requirements to eliminate violations have been met. At the same time, the corresponding notes are made in the prescription. If during the control inspection any other violation of fire safety is discovered, the inspector will write the order again. And then he will come again with a check. Walking resembles a chain reaction and can continue indefinitely. Although, according to representatives of the State Fire Supervision Service, detailed inspections are carried out at least once every two years, and control inspections are carried out at least once a year.

But many organizations claim that they are used to seeing their inspectors much more often. In this case, we are talking about the so-called unscheduled or operational checks. Their frequency is established by the territorial bodies of the State Fire Supervision Authority depending on local conditions - the situation with fires, the significance of a particular organization and its fire-fighting condition.

Often, inspectors do not see the difference between a detailed and a check. But there is a difference: in the second case, firefighters have the right to check only those issues on which comments were made last time. It happens that inspectors instead of a control check carry out a detailed one, that is, they examine everything “in full” again, find new violations, write instructions to eliminate them, and come back with a check after a month or another period established in the order. And so it can be repeated indefinitely.

Keep in mind: firefighters are not entitled to do this. A verification check is prescribed by law so that inspectors can verify how their order is executed. They should not go beyond the scope of this question. This is stated in Art. 8 of the Federal Law of August 8, 2001 No. 134-ФЗ “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs during the State Control (Supervision)”.

Operational checks

In some cases, the law allows inspectors to come to the company with unplanned visits. Such situations are listed in paragraph 5 of Art. 7 of the Federal Law of August 8, 2001 No. 134-ФЗ. The grounds for an unscheduled inspection may be control over the elimination of previously identified violations, complaints of citizens that the company violates fire safety rules, and these violations are so serious that they can cause a fire. Inspectors are simply required to verify such information. To this end, they will carry out an operational check, not only with the culprit, but also at other enterprises engaged in similar activities.

If a fire has already occurred, inspectors will come with an operational check. Moreover, not only to violators, but also to other companies, and the objects for the control event will be selected based on the analysis of fire statistics. It is carried out quarterly by regional GPS departments.

The decision on operational verification is made by the head of the department or district department or their deputies. Moreover, in this case, there are no restrictions on the frequency of events. It all depends on whether there is a reason for them. The maximum validation period is one month.

Only an officer of the State Fire Supervision Service who is in the position of inspector and who has presented an official certificate and an order to carry out a control event has the right to come to the organization for verification purposes.

In search of violators

In general, the list of fire prevention measures depends on the activities of the company and the number of employees. So, if in a building on one floor there are more than 10 people, plans (schemes) for evacuating people in case of fire should be posted in prominent places and a fire warning system should be provided. To check if the evacuation plan is properly designed, firefighters may require you to have a building plan.

If there are more than 50 people on the floor, the head of the company must approve instructions on how to act in case of fire. Practical training according to the developed instructions should be carried out at least once every six months. The results of the training are recorded in the log of fire training.

There is another document that firefighters will need - this is a prescription action plan. It should describe the measures that have been taken to eliminate the violations identified during previous inspections.

In addition, firefighters will see if the company has the required number of fire extinguishers, automatic installation of fire protection and fire alarms. In addition, the inspector will monitor how smoking areas are equipped. Firstly, the sign "Smoking Area" must be affixed, secondly, a bench made of fireproof material is needed, and thirdly, a metal urn for cigarette butts filled with ten centimeters of water should be installed.

Verification Procedure

Prior to the start of the inspection at the facility, the inspector must confirm his authority by presenting to the authorized representative of the legal entity a written order to conduct the inspection, endorsed by the head of the department or district department or his deputy.
Inspections and examinations are carried out on the basis of a written order of the head of the State Fire Service.
In the absence of an order, verification is illegal.
This document should state who and when made such an order, indicate the start and end dates of the audit, determine its type, indicate the name of the organization being audited or the name of the entrepreneur, name, name and position of inspector, who is tasked with conducting control measures.
Only those representatives of the GPS whose names are listed are entitled to check.

It is unlawful for the inspector to allow him to be checked for a subordinate facility if the order has not been submitted or is invalid (the document is incorrectly executed or issued by an unauthorized person), or the inspector does not present an official certificate with it (be sure to pay attention to its validity period). If the certificate is not presented or the wrong inspector who came with the check is indicated in it, you have the right not to let the visitor in.
Of course, it is preferable not to quarrel with the inspectors (no matter what authorized agency they represent.

Fire inspectors have the right to inspect any premises of the organization, but only in the presence of an entrepreneur or company employees. It is best if they are accompanied by a person responsible for fire safety.

What will the inspector check?

The main task of the inspector is to make sure that the organization complies with fire safety rules.

Usually, at the beginning of the inspection, the inspector requires documents to be shown.

The first thing he draws attention to is the presence of an order and instructions signed by the head, which explain the fire fighting regime of the organization. The mentioned documents must definitely identify places for smoking, places of storage of raw materials, convenience foods, finished products, oiled clothes. They also determine the procedure for cleaning combustible waste and dust, the procedure for de-energizing electrical equipment in the event of a fire and at the end of the working day, as well as much more.
The presence of a building plan and plans (schemes) for evacuating people posted in a prominent place in the event of a fire (the presence of a magazine working out the evacuation plan).
The contents of the action plan as prescribed. It should describe the measures that have been taken to eliminate the violations identified during previous inspections;
Availability and serviceability of a fire warning system if more than 10 people are on the same floor in a building (acceptance certificate).
Availability and serviceability of automatic fire alarm systems and fire protection (acceptance certificate, service contract and location scheme).
Keeping a logbook of inspection of premises by the responsible person, before closing the enterprise.
The presence of instructions on fire safety and actions in case of fire, if there are more than 50 people on the floor, designed for each fire hazardous area (workshop, workshop, etc.).
Existence of a logbook on fire safety measures.
The presence of primary fire extinguishing means, their serviceability, (fire extinguishers must have a tag with the indicated recharge time).
The presence of internal fire hydrants, their staffing with sleeves and lugs (act of checking fire water supply).
Designation of emergency exits with luminous displays (“EXIT”) of white color on a green background.
The presence of an act on the processing of fire-retardant composition of wooden structures, panels, racks, etc.
The state of escape routes (the presence of blind gratings on window and door openings, storage locations for keys to emergency exits).
Redevelopment of premises without coordination with the fire department
Technical condition of electric networks:

protocols of measurements of insulation resistance and grounding devices;
the presence of emergency lighting, or electric lights;
the presence of locks on the electrical panels, the presence of an executive circuit, the presence of marking of the electrical panel;
power network maintenance contract;
the presence of overloads in the supply lines (connection of additional current collectors without taking into account the permissible load of the power supply network);
the presence of temporary huts;
the presence of twists in the wires;
the presence of uncalibrated fusible inserts;
the presence of electrical wiring with damaged insulation;
use of tiles, a boiler, kettle in rooms not intended for eating.

16. The presence of special places for smoking, equipped with ashtrays and urns.
17. The presence of signs with the name of the person responsible for fire safety, and the phone number on which you can call the fire department.
18 If there are fire doors - certificate for them.

If during the inspection the inspector identifies violations, he may require the head of the company, the entrepreneur and (or) the person responsible for fire safety to give oral or written explanations (we recommend that you take care of the formation of the position in the explanations based on this instruction letter in advance).

I passed the protocol, accepted ...

Upon completion of the inspection (sometimes immediately on the spot, but more often after all after a few days), the inspector draws up an inspection report of the facility, which describes the fire-technical condition of the inspected facility.

The creation of the final act of verification is mandatory, this is provided for in Art. 9 of the Law "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs during the State Control (Supervision)". The specified act is filed to the control and observational case (it contains all the information about past inspections, issued orders, their execution, and penalties).

The inspector himself knows all of the above. Please note that a copy of the act is handed to the authorized audited entity against receipt. If violations were found during the raid, they are indicated in the act, and it subsequently forms the basis of another important document - the protocol on an administrative offense.

Read the act of verification carefully before signing the receipt. Just in case, write "disagree." If the act contains knowingly false information, immediately contact the legal department with information about the need to appeal the above document. The inspection act must contain information on the date and time of its preparation, data on the state inspector (F. I. O., rank, position, place of service), details of the order on the basis of which the inspection was conducted, information about the person being checked (first of all, his name), as well as about the persons who were present during the examination (full name, position), information about the type of verification and the address of the object. Next, they detail the violations identified and give the corresponding paragraph of the norms and the PPB. After that, the inspector lists the administrative measures taken to the violator (drawing up an administrative protocol or issuing an order).

The act provides explanations for persons who are responsible for violation of fire safety norms and rules.

If you are not ready to immediately give any explanations or suggest that your words could do anything harm, ask for a delay.

If the inspector insists on urgency, refer to article 51 of the Constitution of the Russian Federation.

Even if the administrative case is opened, there is time to put the position in the right light during the investigation and consideration of the situation, especially if the company may be threatened with criminal prosecution.

The fact that the representatives of the inspected person are familiar with the act of verification or refused to familiarize themselves, they make special notes in the document. Other persons who were present at the inspection affix their signatures to the document.

If during the inspection the state inspector revealed serious violations and company representatives failed to agree with the inspector, the inspector draws up an administrative violation report. There is only one exception: if a firefighter decides to apply not a fine as a punishment, but a warning (Article 28.6 of the Code of Administrative Offenses).

The protocol indicates information about the violator, about the offense, referring to the corresponding article of the Code of Administrative Offenses of the Russian Federation.

The person in respect of whom the protocol has been drawn up (a specific employee of the organization, an authorized representative of the organization) must sign the protocol and receive clarifications regarding his rights and obligations.

Read the protocol carefully. If the protocol on the basis of which the fine was imposed does not contain the necessary details, but the chief state inspector for fire supervision still punished the organization with the ruble, this is illegal.

The decision to bring to administrative responsibility can be successfully appealed in court, and it will be canceled as null and void.

It is worth paying attention to the fact that only those persons indicated in the protocol are held liable.

For example, if the latter is written in relation to the head of the company, then he and the legal entity headed by him cannot be held accountable. In this case, a separate protocol must also be drawn up for the legal entity.

The protocol is signed by the fire inspector and the intruder. On behalf of the company without a power of attorney can only be signed by its head. If the offender is an entrepreneur or company employee, only they can sign the protocol.

If the protocol is signed by an unauthorized person, it is invalid, and without the protocol there is no violation.

The protocol is drawn up on the same day that the offense is discovered. Within a day after drawing up the protocol, the inspector must send it to the chief state inspector for fire supervision or his deputy. If information about the intruder is unknown, then the document is written within two days. If the inspectors do not have sufficient evidence of a violation of the PPB, then they do not prepare a protocol, but a decision to institute an administrative investigation. An administrative investigation is needed in order to verify individual facts. It can not last more than a month. In exceptional cases, the chief state fire inspector may extend the investigation for another month (Article 28.7 of the Code of Administrative Offenses).

In other situations, the protocol drawn up later is invalid. Pay particular attention to this.

In practice, inspectors often at first issue a warning or give an order, and then, if the violations are not corrected, draw up a protocol and try to hold the violator accountable for ignoring the PPB. Since such a case is, strictly speaking, illegal, the decision of the chief state inspector can be appealed to a higher authority or to a court.

But this does not mean that a fine can be avoided. The organization or person will be punished, but not by firefighters, but by the court and not for violation of the PPB, but for failure to comply with the precept (part 1 of article 19.5 of the Administrative Code of the Russian Federation), however (pay attention when forming the position) only if the precept was done with compliance with all necessary formalities, not verbally.

Responsibility for violation of fire safety rules

For violation of fire safety rules, citizens, individual entrepreneurs, officials and legal entities may be held administratively and criminally liable. What should the head of the organization do to protect his rights and legitimate interests during the inspection by the state fire supervision authorities and upon its completion? At the beginning of the visit, inspectors should check the credentials of the inspectors, familiarize themselves with their official certificates, the order on the appointment of the inspection, and the approved composition of the officials of the State Surveillance. The organization should have a special log of control activities in which inspectors make a record of the audit, indicating the name of the state control (supervision) body, date, time of the audit; its legal grounds, goals, objectives, etc. and put their signature. It must be remembered: the requirements of inspectors should be related to the purpose of the audit (for example, inspectors of the State Supervision of Surveillance are not entitled to affect the financial activities). During the audit, the auditors are required to document all actions taken and their results. Inspectors may come back to verify compliance with the requirements. To prevent it, documents should be submitted to the supervisory authority for fire supervision before the deadline, confirming the elimination of established violations.

If the head believes that the inspectors are abusing their official position, he has the right to appeal their actions, orders to a higher authority, from the higher management within 10 days from the date of delivery or receipt of a copy of the decision.
In the event that during the inspection the inspectors committed unlawful actions, they issued a legal act that contradicts the current legislation, you can appeal to the prosecutor's office.

Current legislation makes it possible to appeal the decision of the supervisory authority to bring the organization to administrative responsibility and in court. An application to challenge such a decision shall be submitted to the arbitration court at the location of the applicant also within 10 days from the date of receipt of a copy of the contested decision.

PENALTIES FOR VIOLATIONS OF FIRE SAFETY RULES

If you violate the applicable fire safety regulations, fire inspectors may fine:

officials of the company or entrepreneur - from 1,000 to 2,000 rubles;
other citizens - from 500 to 1000 rubles (part 1 of article 20.4 of the Administrative Code of the Russian Federation).

If the fire hazard in the territory where the company is located is increased and the local authorities have established a special fire regime, inspectors will impose a higher fine.

He will make:

for companies - from 20,000 to 30,000 rubles;
for company or entrepreneur officials - from 2,000 to 3,000 rubles;
for other citizens - from 1000 to 1500 rubles (part 2 of article 20.4 of the Administrative Code of the Russian Federation).

Firefighters will be punished even more severely if a fire occurs due to violations of the company or the entrepreneur.

The fine will be:

for firms - from 30,000 to 40,000 rubles;
for company or entrepreneur officials - from 3,000 to 4,000 rubles;
for other citizens - from 1,500 to 2,000 rubles (part 3 of article 20.4 of the Administrative Code of the Russian Federation).

If a company or entrepreneur sells products or provides services subject to mandatory certification in the field of fire safety, without a certificate of conformity, inspectors will fine:

a company - from 10,000 to 20,000 rubles;
officials of the company or entrepreneur - from 1,000 to 2,000 rubles (part 5 of article 20.4 of the Administrative Code).

The list of products and services for which you need to obtain a certificate of conformity in the field of fire safety is given in the order of the Ministry of Emergency Situations of July 8, 2002 N 320. For example, such products include fire extinguishers, fire lamps, rescue ropes, helmets, etc.

And the last violation, for which a separate fine is provided, is the blocking of driveways to buildings and structures installed for fire engines and equipment.

Fine size:

for companies - from 5,000 to 10,000 rubles;
for company or entrepreneur officials - from 500 to 1000 rubles;
for other citizens - from 300 to 500 rubles (part 6 of article 20.4 of the Administrative Code of the Russian Federation).

Administrative Violation Protocol

Having discovered violations of fire safety rules, the inspector must draw up a protocol. There is only one exception: if a firefighter decides to apply not a fine as a punishment, but a warning (Article 28.6 of the Code of Administrative Offenses).

As a general rule, a protocol must be drawn up on the same day that a violation is discovered. There are two exceptions to this rule.

First:if information about the violator (full name, address, etc.) is unknown, the protocol can be drawn up within two days (article 28.5 of the Administrative Code of the Russian Federation).

Second:if the inspectors do not have sufficient evidence that the fire safety rules have been violated, they can draw up not a protocol, but a decision to institute an administrative investigation.

An administrative investigation is needed to verify individual facts. It can not last more than a month. In exceptional cases, the Chief State Fire Inspector may extend the investigation for another month (Article 28.7 of the Code of Administrative Offenses). If during the investigation the fact of violation is confirmed, the inspector will draw up a report on the administrative offense.

In other situations, the protocol drawn up later is invalid. However, in practice, inspectors often do not immediately issue it. First write a prescription. And then, if the order is not fulfilled, a fine is imposed. At the same time, to check how the company has eliminated the violation, inspectors come, as a rule, in a month, and sometimes later.

According to the law, in such a situation, firefighters can punish a company only for non-compliance with the order, and not for violations of fire safety revealed during the previous inspection.

For failure to comply with the instructions of the inspectors a fine is provided:

for a company in the amount of 5,000 to 10,000 rubles;
for an entrepreneur or director of a company in the amount of 500 to 1000 rubles (part 1 of article 19.5 of the Administrative Code of the Russian Federation).

The fine is appointed by the district or justice of the peace.

The protocol form is not approved. Therefore, it can be compiled arbitrarily, including by hand. However, when preparing this document, inspectors must strictly adhere to the rules established in the Code of Administrative Offenses of the Russian Federation (Article 28.2).

The protocol must contain information about the violator and what he committed, as well as the article of the Code of Administrative Offenses of the Russian Federation, which provides for liability for the violation. The protocol must necessarily contain the signature of the accused, confirming that his rights and obligations were explained to him.

If the protocol is not drawn up correctly, the chief state fire inspector can give inspectors three days to fix it. If even after corrections in the protocol there are no obligatory details, the chief state inspector for fire supervision will not be able to fine the violator.

If this happened, appeal such a decision to court. The protocol is signed by the fire inspector and the intruder. On behalf of the company, only its head can act without a power of attorney.

If the offender is an entrepreneur or company employee, only they can sign the protocol. If the protocol is signed by an unauthorized person, it is invalid. And without a protocol there is no violation.

Within a day after drawing up the protocol, the inspector must send it to the chief state inspector for fire supervision or his deputy. The protocol for some violations goes to court.

Sentencing order

The Chief State Fire Inspector (or his deputy) reviews the violation protocol within 15 days. You are entitled to attend the meeting. The results of the review are invalid if you were not informed of its time and place.

Together with you (or instead of you), a defender - a lawyer or another citizen with a power of attorney can participate in the case. If you are unable to attend, file a motion in the name of the chief state inspector asking him to postpone the proceedings.

During the meeting, you have the right to:

get acquainted with all the materials of the case;
give explanations;
provide evidence;
file petitions and challenges;
use the services of a defender.

This is stated in article 25.1 of the Administrative Code of the Russian Federation.

Having examined the protocol, the chief state inspector for fire surveillance issues resolution:

impose an administrative penalty;
terminate the proceedings.

If you attended the meeting, then a copy of the decision will be handed to you right away. If you were not there, they will be sent by mail within three days (Article 29.11 of the Administrative Code of the Russian Federation).

Once you have received the order, you have ten days to appeal it. You need to pay the penalty within 30 days. This period shall be considered from the moment when the time for appeal has expired.

If the fine is not paid, the chief state inspector will send a decision: to the company where the offender works (if the citizen is fined) in order to withhold the fine from wages or other income. For each payment, more than 50% cannot be deducted from a citizen’s salary (Article 138 of the Labor Code of the Russian Federation).

Features of sentencing

1. Most often, for violations of fire safety, inspectors punish the head of the company. It is he who is responsible for compliance with fire requirements.
Less often, employees responsible for fire safety are held accountable.
This ratio is due to the fact that without the participation of the leader, the responsible person cannot fulfill some fire safety requirements.
For example, he will not be able to purchase an automated fire extinguishing installation or fire extinguishers if the manager does not give money for it.
But if the responsible person has not conducted fire-prevention training for employees, although he is obliged to do this on the basis of the job description or the order of the head, he cannot avoid responsibility.

2. For one and the same violation, inspectors are entitled to fine both the company and its manager (part 3 of article 2.1 of the Administrative Code of the Russian Federation). The biggest fines are for firms.
However, keep in mind: in order to fine a company, firefighters must prove that they have not taken all measures depending on it so that fire safety is respected (part 2 of article 2.1 of the Administrative Code of the Russian Federation). So the law determines the guilt of the organization.

The RF Code of Administrative Offenses provides for the following sanctions imposed on officials and citizens for violations of fire safety requirements:

1. In accordance with article 20.4. for violations of fire safety requirements established by standards, norms and rules, administrative liability is provided in the form of a warning or administrative fine:

for citizens in the amount of five to ten times the minimum wage (minimum wage);
for officials - from ten to twenty minimum wages;

The same actions committed in the conditions of a special fire protection regime entail the imposition of an administrative fine:

for citizens in the amount of ten to fifteen minimum wages;
for officials - from twenty to thirty minimum wages;
for legal entities - from two hundred to three hundred minimum wages.

2. Violation of the requirements of standards, norms and rules of fire safety, which entailed the occurrence of a fire without causing serious or moderate damage to human health, or without other serious consequences, shall be sanctioned by an administrative fine:

for citizens in the amount of from fifteen to twenty minimum wages;
for officials - from thirty to forty minimum wages;

3. Issuance of a certificate of conformity for products without a fire safety certificate in case a fire safety certificate is required entails the imposition of an administrative fine:

for officials in the amount of thirty to forty minimum wages;
for legal entities - from three hundred to four hundred minimum wages.

4. The sale of products or the provision of services subject to mandatory certification in the field of fire safety, without a certificate of conformity, entails the imposition of an administrative fine:

on officials in the amount of ten to twenty minimum wages;
for legal entities - from one hundred to two hundred minimum wages.

5. Unauthorized blocking of driveways to buildings and structures installed for fire engines and equipment shall be subject to an administrative fine:

for legal entities - from fifty to one hundred minimum wages.

In addition, the GPS officers are authorized to draw up reports on administrative offenses in the following situations:

1. Intentionally damaging or breaking a seal (seal) imposed by an authorized official, which entails a warning or an administrative fine:

for citizens in the amount of one to three minimum wages;
for officials - from three to five minimum wages (Article 19.2).

2. Disobedience to a lawful order or requirement of an official of a body exercising state supervision (control), as well as obstruction of the performance of official duties by this official, which entails a warning or an administrative fine:

for citizens in the amount of five to ten minimum wages;
for officials - from ten to twenty minimum wages (Article 19.4).

3. Failure to comply with the legal order (decision, submission) of the body (official) exercising state supervision (control) within the established time period to eliminate violations of the law, which entails the imposition of an administrative fine:

for citizens in the amount of three to five minimum wages;
for officials - from five to ten minimum wages;
for legal entities - from fifty to one hundred minimum wages (Article 19.5).

4. Failure to take measures to eliminate the causes and conditions that contributed to the commission of an administrative offense, which entails the imposition of an administrative fine:

for officials in the amount of three to five minimum wages (Art. 19.6).

Each regional GPS department has departments of protected facilities. Fire departments for the protection of objects are subordinate to them. It is possible to conclude an agreement with them and fire department employees will establish fire safety at the company, and they will also monitor its compliance.

And this is the most radical option to get rid of the adverse effects of inspections. If you decide to engage in fire safety yourself, carefully study the Fire Safety Rules and try to comply with at least those that are most often checked by fire inspectors.

Each state inspector is assigned a specific territory. He is obliged to monitor fire safety at all firms located in this territory. The head of the Inspectorate is planning fire control measures for this territory - an annual inspection plan. Monthly statements are made from it.

Therefore, once a year inspectors will certainly appear at your company. At the same time, remember: with a detailed check, firefighters can come no more than once every two years. Therefore, if the interval between scheduled inspections has not yet passed, inspectors can visit you only on an unscheduled visit. And for this we need serious reasons.

The first thing that the inspector should see is that in all the premises of the company, notice boards should be hung up with the telephone number of the fire department call.

For each fire hazardous area (workshop, workshop, etc.), fire safety instructions must be developed, drawn up in accordance with Appendix 1 to PPB 01-03.

Also, the Head of the company must issue an organizational order in which to write down fire safety measures. In it, designate a person responsible for fire safety, determine smoking areas, organize inspection of premises after a working day and regular fire briefing of employees, etc. The list of fire prevention measures depends on the company’s activities and the number of employees.

If there are more than 10 people in the building on one floor, plans (schemes) for evacuating people in case of fire should be posted in prominent places and a fire warning system should be provided.

To check if the evacuation plan is properly designed, firefighters may ask you for a building plan. The first thing that the inspectors will require is to present the approval of the rented non-residential or commissioned premises.

Sometimes, depending on the type of activity of the company, a certain thickness and material of the walls, fire-resistant impregnation or upholstery with metal sheets are required.

If there are more than 50 people on the floor, the head of the company must approve instructions on how to act in the event of a fire. Practical training according to the developed instructions should be carried out at least once every six months. The results of the training are recorded in the log of fire training.

There is another document that firefighters will need. This is a prescriptive action plan. It should describe the measures that have been taken to eliminate the violations identified during previous inspections. In addition, firefighters will see if the company has the required number of fire extinguishers, automatic installation of fire protection and fire alarms.

The number and type of fire extinguishers depend on the area of \u200b\u200bthe building and the materials that may catch fire (flammable liquids, gases, metals, wood, paper, electrical installations). What fire extinguishers are needed (air-foam, powder, combined or carbon dioxide), as well as their number can be found in the Fire Safety Rules (Appendix 3).

And the list of premises and equipment on which automatic fire extinguishing installations (AUPT) and fire alarm systems (AUPS) should be is given in the Fire Safety Standards (NPB 110-03) dated June 18, 2003 N 315.

The need for such fire protection measures depends on the area of \u200b\u200bthe building, the number of floors and what the company does. For example, a two-story building of a trading company with a total area of \u200b\u200b3,500 square meters. m and more should be equipped with an alarm system and an automatic fire extinguishing system.

And if the sales area is less than 3500 square meters. m, one fire alarm is enough (annex to the airbag, table 1, p. 10.2.1). Automatic installations are not needed in rooms where meat, fish, fruits and vegetables (in non-combustible packaging), metal dishes, non-combustible building materials are stored.

The requirements for alarm and fire installation in most cases are expensive. Inspectors check this very carefully. Fire-fighting installations, fire extinguishers, electrical equipment (wiring, sockets, etc.) must be operational. Fire extinguishers must be attorneys. The most common violations are cluttering aisles, congestion in retail and warehouse space.

Firms and entrepreneurs want to store as many goods as possible in a trading room or warehouse, while not taking into account fire safety rules. Do not clutter with furniture, equipment and other objects doors, hatches, transitions to adjacent sections, exits to stairs, landings, staircases, corridors, elevator halls. Exits and escape routes must comply with fire safety requirements for illumination, size, quantity.

Doors on escape routes should open freely and in the direction of exit from the building. It is forbidden to install deaf lattices on windows, to glaze balconies, loggias and galleries that lead to stairwells, to arrange pantries (closets) in stairwells and floor corridors, and also to store things, furniture and other combustible materials under staircases and staircases.

Thus, the main violations of fire safety requirements leading to fires that complicate their extinguishing are:

inoperative condition or absence of fire automatics systems at the facilities,
incomplete or lack of primary fire extinguishing means, understaffing, inoperative state of internal, external fire water supply systems,
violation of the requirements of the Fire Safety Rules, the Rules for the installation of electrical installations during the operation of electrical equipment (the resistance of the power and lighting networks is not measured, electrical conductive products, sockets, switches are laid on a combustible base, uncalibrated fusible inserts are used as protection devices, the wires of the electrical wires are twisted, etc. .),
smoking in unspecified places, carrying out hot work without issuing an appropriate permit,
use of household appliances without supports made of non-combustible materials,
lack of proper protection of facilities, unauthorized access by unauthorized persons
obstruction of driveways.

Administrative suspension

Administrative punishment is a measure of responsibility for an administrative offense established by the state, which is used to prevent the commission of new offenses by both the offender and other persons (part 1 of article 3.1 of the Administrative Code of the Russian Federation).

In accordance with Art. 3.2 Administrative Code of the Russian Federation administrative suspension of activity is a type of administrative punishment for committing administrative offenses.

In Art. 3.12 of the Administrative Code of the Russian Federation indicates that the administrative suspension of activity consists in the temporary cessation of:

- activities of individual entrepreneurs, legal entities, their branches, representative offices, structural divisions, production sites;

- operation of aggregates, objects, buildings or structures;

- the implementation of certain types of activities (works), the provision of services.

The maximum period for which administrative suspension of activity can be established is 90 days (part 2 of article 3.12 of the Administrative Code of the Russian Federation).

Administrative suspension of activity is applied in case of a threat:

- the life or health of people;

- the occurrence of an epidemic, epizootic, infection (contamination) of quarantined objects by quarantine objects;

- the onset of a radiation accident or technological disaster;

- causing substantial harm to the condition or quality of the environment.

One of the common reasons for administrative suspension of a company is non-compliance with fire safety norms and rules (part 1 of article 20.4 of the Administrative Code of the Russian Federation). Indeed, the requirement to comply with these standards applies to all companies and does not have industry affiliation. While, for example, violation of sanitary and epidemiological requirements for public catering refers to public catering organizations (Article 6.6 of the Administrative Offenses Code of the Russian Federation).

Note. According to paragraph 1 of Art. 30.12 Administrative Code of the Russian Federation a person in respect of whom the proceedings are conducted in the case of an administrative offense, may appeal the final decision in the case of an administrative offense. A positive decision on the complaint gives the legal entity the right to redress.

The decision on the temporary cessation of the organization’s activity is made by the judges of the district courts on the basis of protocols on administrative offenses drawn up by an authorized official in accordance with the provisions of Art. 28.3 Administrative Code of the Russian Federation (part 3 of article 23.1 of the Administrative Code of the Russian Federation). The decision of the judge is executed by the bailiff immediately after its adoption (part 1 of article 32.12 of the Administrative Code). Bailiffs act in the presence of witnesses, and if necessary, with the assistance of employees of the internal affairs bodies (Article 109 of the Federal Law of 02.10.2007 N 229-ФЗ “On Enforcement Proceedings”). Upon completion of the execution of the decision, the bailiffs draw up an act.

In accordance with Part 2 of Art. 32.12 Administrative Code of the Russian Federation during the administrative suspension of activities, the following actions can be performed:

- sealing of premises, places of storage of goods and other material values, cash desks;

- overlay seals;

- other actions ensuring the execution of administrative suspension of activity.

When administrative suspension of activities is not allowed to apply measures that may entail irreversible consequences for the production process, as well as for the functioning and preservation of life support facilities.

Holding events by the bailiff does not mean that the organization can not do anything. She should make every effort to correct the violations. After all, the period for which you can suspend the company is quite long - 90 days. Therefore, its leader must publish the relevant organizational and administrative documents, which indicate:

- the date from which the activities of the company are administratively suspended;

- measures aimed at correcting violations, and their terms;

- persons responsible both for the implementation of the measures envisaged and for the control over their implementation.

When issuing an order to suspend operations, the head of the company must provide that all employees who are affected by this order should be familiar with it. Therefore, this document should spell out the responsibility of unit managers to bring the information contained in it to subordinates.

If the company timely performs work to eliminate the circumstances that were the reason for imposing an administrative penalty in the form of administrative suspension of activity, then it has the opportunity to resume activity ahead of schedule. For this organization, it is necessary to file a petition with the court, on the basis of which it can terminate the execution of the sentence (part 3 of article 3.12 of the Administrative Code). In this case, the court is obliged to request the conclusion of the official who drew up the protocol on the administrative offense, on the elimination or non-elimination of these circumstances. The conclusion is given in writing. It indicates the facts that indicate the elimination or non-elimination by the violator of the circumstances that served as the basis for the imposition of an administrative penalty in the form of suspension of activity. The conclusion is not binding on the judge and is analyzed in the manner prescribed by art. 26.11 Administrative Code of the Russian Federation. The judge’s disagreement with the conclusion must be motivated.

After examining the submitted documents, the judge makes a decision to terminate the administrative penalty in the form of administrative suspension of activity or to refuse to satisfy the application (part 4 of article 32.12 of the Administrative Code).

The date of the resumption of activity of the company, its branch, representative office, structural unit, production site is indicated in the decision on the early termination of the administrative penalty in the form of administrative suspension of activity. This resolution also indicates the date of resumption of operation of units, facilities, buildings or structures, the implementation of certain types of activities (works), and the provision of services.

The bailiffs control the execution by the violator of the judicial decision on administrative punishment. If the company resumes business before the expiration of its suspension, the bailiff has the right to fine the offender.

Upon the expiration of the period of suspension of activity, the bailiff is obliged to cancel the measures for the execution of the sentence and to issue a decision on the end of the enforcement proceedings. If the period of administrative punishment has expired, and violations have not been eliminated, then the bailiff is not entitled to extend the term of punishment. In this case, there will be a new violation, the commission of which again draws up a protocol on an administrative offense (Clause 7 of the Letter of the Armed Forces of the Russian Federation dated 06.03.2006 No. 1936-5 / total).

Temporary Prohibition of Activities

Litigation takes time. Therefore, up to the moment when the court ruling on suspension of activity is issued, a special measure of ensuring the proceedings in the case of an administrative offense is applied. Namely, a temporary prohibition of activities (part 1 of article 27.1 of the Administrative Code of the Russian Federation).

Note. A temporary prohibition of activity may be applied if an administrative sanction in the form of administrative suspension of activity is possible for the commission of an administrative offense (part 1 of article 27.16 of the Code of Administrative Offenses).

This measure consists in the short termination of the activities of branches, representative offices, structural divisions of a legal entity, production sites, as well as the operation of aggregates, facilities, buildings or structures, the implementation of certain types of activities (works), and the provision of services (part 1 of article 27.16 of the Administrative Code of the Russian Federation) .

Temporary prohibition of activities is carried out by an official who has special powers for this in accordance with Art. 28.3 Administrative Code of the Russian Federation. In this case, an appropriate protocol is drawn up, which is sent to the district court along with the protocol on the administrative offense. The head of the enterprise is handed a copy of the protocol, on the basis of which he issued an appropriate order to stop the activity.

The term of a temporary ban on activities should not exceed five days (part 1 of article 27.17 and part 5 of article 29.6 of the Administrative Code). This period is calculated not from the moment the protocol was drawn up, but from the moment the branches, representative offices, structural divisions of the legal entity, production sites are actually terminated, as well as the operation of aggregates, objects, buildings or structures, the implementation of certain types of activities (works), and the provision of services ( .2 Art. 27.17 Administrative Code). At the same time, the period of temporary prohibition of activity is included in the period of administrative suspension of activity (part 5 of article 29.6 of the Administrative Code of the Russian Federation).

cluttering aisles,
congestion of trade and storage facilities.

Cluttering aisles

Interview Excerpt with the head of the Department of State Fire Supervision of the Main Directorate of the Ministry for Emergencies in Moscow Oleg Naydenkov (January 2010):

- What violations were the main reason for the closure?

Among the main violations detected during inspections:

non-compliance of escape routes with fire safety requirements,
lack of warning systems and fire automatics,
and violation of the rules for the operation of electric networks and electrical equipment.

For example, windows were closed in checked clubs, and emergency exits were littered.

Most often, institutions did not meet basic safety rules. to evacuate people in case of emergency. For example, according to fire safety requirements (not only in establishments with a large crowd of people), it is strictly forbidden to use some finishing materials on evacuation routes, in particular wood finishing.

It is also impossible to finish evacuation routes (corridors) materials for which there is no fire safety certificate. Because there are materials, such as plastic panels, whose appearance cannot immediately determine whether they are combustible or non-combustible, emit toxic substances or not, etc. And so the inspector, when coming to check, must look at the certificate for these finishing materials. If he is absent, this is also a violation.

After all, corridors are allowed to be finished only with certain types of combustibility, smoke formation and toxicity materials. It may well be that the decoration of your corridor meets all these requirements, but if there is no certificate, it will at least be required to be removed.

Another fairly common violation, especially dangerous in crowded places, is narrowed doorways, for example, instead of 1.20 m laid down according to the rules, they are 90 cm. Therefore, in an emergency, when the crowd rushes to the exit, there may be “Cork”, crush, etc.

Or the passage to the institutions is carried out through a narrow spiral staircase, on which the two are cramped. Another characteristic violation is the presence of gratings on the windows, the mismatch of the number of emergency exits. For example, in a club for 500 people, there are only two exits, and according to calculations there should be three and they should be dispersed on different sides in order to avoid crowding in one place. The distance to the escape routes is also not always observed: according to the standards, it should not exceed 25 m, and there, as a rule, more.

Further. In very few clubs, escape routes were equipped with emergency lights and emergency exit signs (signposts). But in case of a fire, the main power supply is often turned off, and in this case emergency lighting should light up and the emergency exit should be lit to give people the opportunity to navigate in the dark, in an unfamiliar place.

For example, in one of the closed clubs in the north of the capital automatic fire alarm is malfunctioning, there is no fire warning system and evacuation plan, the door on the escape routes does not open in the direction of leaving the room, the entrance hall walls are finished with flammable material, the distance from the spotlights and lamps on the stage to the finish is less than 0.5 meters, etc.

No less serious violation, which, incidentally, is found in many premises owned by small businesses, - lack of smoke removal systems. Imagine: with a closed volume, where there is no possibility of smoke removal and a concentration of toxic substances increases, a person loses orientation and may suffocate from combustion products.

In a club or institution where there are a lot of people, there should be an automatic fire warning system. There are a lot of them now - from the simplest ones, such as a loudspeaker, to advanced ones that work in automatic mode. This is especially true for institutions working with children - this is, if we are talking about small business, private schools, kindergartens, etc.

Many enterprises do not have automatic fire protection systems installed or do not comply with the standards.

For example, the Zona club in the Central Administrative District must, according to the rules, be equipped with an automatic fire extinguishing system, since it is a five-story building and the fire there must begin to be extinguished immediately, before the firemen arrive!

The latter violation causes 25% of fires. As a rule, this is due to overload on the power grid (the use of electric heaters, etc.), poor insulated wires, etc.

- Won't there be a wave of unscheduled inspections in institutions with a massive presence of people and similar enterprises, extraordinary general inspections of all other institutions - offices, shops, etc.?

Not. Inspections of all other enterprises will go according to the annual plan published on the website of the Ministry of Emergencies, in accordance with 294-FZ.

However, I can’t say that the rest of the small business is OK and unscheduled inspections are not required there. Moreover, now there are certain difficulties in conducting inspections of small businesses, namely: the head of such an enterprise can easily evade the audit by re-registering after three years of work, and again we will not be able to get to it within three years.

There are also difficulties: when, due to fire safety violations, the court decides to suspend the institution for a certain period of time (no more than 90 days), then after this the object opens again, and it is not a fact that the violations were eliminated there.

For example, now about 30 nightclubs, whose activities were suspended by a court decision, are already working again, while everything in them remains the same!

And it doesn’t matter if the violations were eliminated or not, the establishments opened anyway.

- But doesn’t the court oblige to eliminate the shortcomings?

Obliges. But they do not, because often some alterations are difficult, for example, rebuilding, redevelopment, etc. Therefore, it is easier to wait for the closing time and start the activity again. Until the next unscheduled check, which will not be soon.

Therefore, we came up with a proposal to the Ministry of Emergencies for the court to make decisions not for a specific period, but to eliminate the violations. That is, we will make the decision to open.

In addition, it is planned to increase fines for failure to comply with the requirements of the State Surveillance. Since, in addition to the fact that, in accordance with the law, you can “get away” from verification, it’s also beneficial to the manager not to take any measures after receiving the order — it’s easier to pay a fine, which is now quite small. For example, a legal entity can be fined a maximum of 20,000 rubles, an official - 2000 rubles.

We want fines to be commensurate with the costs of complying with the requirements. And therefore we take the initiative to increase fines to a maximum level of 300,000 rubles.

That is, a check came, revealed flaws, given the time to correct them - do it. And if shortcomings remain for the second unscheduled inspection, the inspector sends the materials to the justice of the peace, who will be entitled to impose a fine. That is, if you do not want to pay for your premises, pay to the state.

As far as I know, our ministry has already agreed on this issue, amendments have already been sent to the Duma. That is, it is likely that in 2010 these amendments will be adopted.

Another difficulty that has recently caused a large number of complaints from our inspectors. With the introduction of the new fire regulations, confusion began with who should be responsible for the fire safety of the rented premises.

In theory, of course, this should be the owner, but he seeks to contract to shift all concerns about fire safety to the tenant. In premises with lots of tenants there are difficulties in control, and if also sublease?

In order to understand these intricacies, the inspector needs to spend a lot of time. Paradoxes also happen: for example, the tenant is responsible for ensuring fire safety premises, and how can he be responsible for the engineering systems that are laid in the building? This is only the right of the owner.

Therefore, we took the initiative to carry out supervision measures in relation to a specific object - if it is a building, then we check the entire building, which means that the owner will be responsible.

- Often, our readers are faced with the fact that having received a room, even having won it in a city competition, they are faced with difficulties: for example, in the basement there is a second exit or it is divided between two tenants and there is no second exit from it, etc. d. What should I do if the changes were made by a newly reinstated entrepreneur who already got this premises like this? After all, when a fire inspector comes with a check, he will fine them ...

Of course, such situations are enough, but in accordance with the law on fire safety responsibility for providing fire safety is the leader, he is also responsible for compliance with these requirements at his facility.

So, choosing a room, the head must know the sanitary and fire safety requirements and at the stage of inspection to evaluate the room.

For example, it is known in advance that it is forbidden to place saunas in the basement, whether there is an emergency exit or not - anyway. This type of room is not designed to accommodate saunas. But look how many saunas are in basements in Moscow! And what, the head did not know that this should not be done?

Of course, it is impossible to keep all the rules and regulations in mind, and therefore, my advice is to consult with a fire inspector in your area before buying or renting a room. Reception hours can be found in your Center for Entrepreneurship Support or on the website of the Ministry of Emergencies.

In addition, several times a year we hold free consultations with heads of small businesses, meetings and round tables with representatives of small businesses, etc. So come ask questions. Information about such events is again posted on the website of the Ministry of Emergencies or it can be obtained in your TARPs.

- Are there any new trends, supernova fire safety equipment that has made a breakthrough in its field? Like, for example, the notorious “Igla” automated diagnostic and fire extinguishing system in the subway?

In the subway, the introduction of this system was indeed a definite breakthrough, since Igla allows one of the most important and oldest railway technical problems to be resolved - real-time monitoring of axle box heating. Now such systems are available in every rolling stock. And in the future we want to equip the salons of cars in the subway with installations that extinguish the fire with finely dispersed water, practically with steam, but, unlike steam, the temperature of this finely dispersed medium will be low. Most of all, it will look like a cold fog. Similar devices are now used in animal husbandry to disinfect rooms.

As for fire alarms, nowadays the most reliable and advanced are analog-address systems that allow you to find out, firstly, from which sensor the signal came, and secondly, the level of this signal. That is, for example, a smoke detector not only gives a signal that there is smoke, but also allows you to determine the level of smoke in the room. And the alarm control panel, in turn, “knows” which sensor worked. A separate topic is the integration of fire alarm systems with video surveillance, access control and burglar alarm systems using universal software platforms. Such systems provide very broad control capabilities, but their use is justified for medium and large facilities.

But again, the choice of the type of alarm must be made from the calculation of the type of premises, the number of employees, the purpose of the premises and many other factors. For example, if it’s a sauna, then it is necessary to install heat sensors and an automatic fire extinguishing system in the steam room, if the usual office is smoke detectors, etc. There are many nuances, and again you can consult with a fire inspector.

The most important thing when purchasing an alarm and other equipment for ensuring fire safety is that it has a certificate of compliance of these products with the rules and standards of fire safety.

Meanwhile, organizations licensed by the Ministry of Emergencies and Gospozhnadzor should be engaged in the installation and installation of the system. In the near future it is planned to cancel the licensing system, and such organizations will join the SRO, following the example of construction companies. And then ask for a license is not needed.

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