The new legislative norms on fire safety 2016

When it comes to the legislative norms on fire safety standards, 2015 has brought two new regulations in this regard, namely: the Government Decision  no. 915/2015 on establishing the criteria for stopping the operation or use of buildings or facilities determined by serious breaches of fire safety requirements, and GEO 52/2015 amending and supplementing Law no. 307/2006 on fire protection.

The complementary measures regarding the shutdown of the functioning or use of buildings or facilities authorized in terms of fire safety, which spread over an area greater than 200 square meters and have trade, culture and tourism as a destination, will be disposed in the the following cases :

▪ exceeding the number of users for whom the fire security clearance has been given with more than 10%;

▪ exceeding the number of overground levels compared to the reference value which is allowed for buildings with V level of fire stability or degree of fire resistance;

▪ dismantling a means of evacuation in case specific technical regulations require two or more escape routes, according to the reference value;

▪ reducing the height or width of evacuation routes by construction elements, with more than 25% of the reference value, in case the deficiency may not be removed during the inspection;

▪ dismantling of installations or systems of fire extinguishing or detection, signaling and warning of the fire;

▪ dismantling installations or systems of smoke exhaust or security lighting installations for evacuation.

Also, for the constructions or establishments that do not have fire security clearance and whose area covers more than 200 square meters and have trade, culture and tourism as a destination, complementary measures to stop functioning or their use will have on these cases:

▪ exceeding the maximum number of users for bars, clubs and restaurants with more than 10% of the reference value;

▪ exceeding the number of overground levels compared to the reference value allowed for buildings of fire stability level V or degree of fire resistance;

▪ failure to ensure the minimum number of evacuation routes;

▪ reducing the height or width of escape routes by construction elements, with more than 25% of the reference value, in case that the deficiency may not be removed during the inspection;

▪ neechiparea firefighting installations or detection, signaling and warning fire, according to the reference value;

▪ non-equipment with installations, smoke exhaust systems or installation of security lighting for evacuation, according to the reference value;

▪ categories of buildings or facilities that have not been identified at the time of the technical documentation authorizing the construction or the commissioning time.

Shutting down the functioning or use of the constructions or establishments is made until the day of obtaining the fire safety authorization.

This Government Decision regulates the obligation of the competent authorities issuing building permits to provide the inspectorate for emergencies, on request, documents that were the basis of their issuance, including data and information regarding the identification of the construction, the date and the number of the authorization, name of the work performed as well as the date of the technical documentation for authorizing the construction.

The ascertainment of cases relating to overcoming with 10% the number of users for which the authorization has been granted, including in the case of bars, clubs and restaurants, are carried out by the inspectorates for emergency personnel, with the assistance, as appropriate, of the designated personnel of the Romanian Police and the Romanian County Police.

In case of exceeding by more than 10% the number of users for which the fire safety authorization has been granted, the complementary measures of shutting down the functioning or use of buildings or facilities shall be ordered for a period of 60 calendar days from the date of the proceedings regarding the acknowledgement and punishment of the offenses.

GEO 52/2015 expands the attributions of inspectors from the Inspectorate for Emergency Situations in the sense that they can seal the constructions and establishments of the economic operator in the business unit in which the violation of fire safety regulations are acknowledged.

For detailed information on the new Romanian legislation regarding fire safety, please do not hestitate to contact our team of attorneys within the law firm Darie, Manea & associates who will provide specialized legal advice in accordance with the updated legislation in this field of expertise.