Authorities are willing to reduce fines for companies who violated fire safety requirements during the period of special fire regime, with up to 200-400 400-500 thousand thousand. But alternatively, fire inspectors will have the right to suspend the activities of companies for a period of up to 90 days. Such a bill approved by the government Commission on legislative activities, told RBK two participants of the meeting held on 22 August. Approved by the Commission proposals often issued as government bills, that have high chances of adoption by the state Duma.
Special penalties for violation of fire safety requirements proposed in the bill for individual entrepreneurs: fines in the 20-30 thousand RUB in normal times, and 40-50 thousand rubles the period of special fire regime. In the latter case, they, too, will face alternative sanctions in the form of administrative suspension of activity for up to 90 days, the text of the bill (there RBC).
To cover up for the summer
Under current law, the closing for three months is only granted to companies that repeatedly violate a number of specific fire safety requirements — to water in case of fire, evacuation routes, emergency exits, fire suppression systems, alarms, etc. These penalties may be applied to any period of time. The possibility of closing for a single violation of fire safety requirements introduced in the law for the first time.
According to the law on fire safety government introduced a special regime with increased fire danger. The fact of the announcement of such a regime gives fire inspectors the grounds for unscheduled inspections of companies and organizations, in contrast to unscheduled inspections by other agencies, these do not require authorization of the Prosecutor, it follows from the law. In many Russian regions, special fire mode operates during the summer, can be seen from the reports of regional media, and in some localities it is installed back in the spring, for example, all the Siberian regions, this year it was introduced in April. Thus, many companies and individual entrepreneurs closing for three months will face throughout the warm months of the year.
Previously, the businessmen repeatedly explained to RBC that the closure of the company for 90 days is equivalent to its elimination. For business closure for 90 days means ruin, agrees Vice-President “Support of Russia” Marina bludyan.
In the MOE, which is responsible for State fire control, on Friday evening, did not respond to a request RBC. The Ministry of economic development, which usually supports the reduction of administrative pressure on business, agreed on a bill, said his spokesman Elena laskina. “Strengthening responsibility for offenses committed in conditions of special fire prevention regime of violations of fire safety rules aimed at implementation of the corresponding order of the government of Russia on this issue and is due to the increased risk of data breaches in the fire-dangerous period, should increase the efficiency of the fight against such violations”, she explained to RBC. The measure will help to reduce the risk of death of people in fires, the reduction caused by the Commission of such violations, property damage, economy of budgetary funds at all levels, which are allocated to cover such damage, said Lashkina. Innovation will not affect a wide range of entrepreneurs who believe in the Ministry of economic development: according to the MOE, which are referenced in the Ministry, in 2015 across the country for violations during the period of special fire regime was composed of 457 protocols, in 2016 — 129.
The price of the inspection
As a General rule, companies (with some exceptions) should be checked every three years, including for compliance with fire safety regulations. But in 2015, the majority (66%) of business inspections were unplanned, reported by the Prosecutor General’s office. The MOE, which is responsible for State fire control (his staff inspect companies, organizations and citizens), along with the CPS traditionally were the leaders in the number of inspections. These two departments accounted for a third of the nearly 2 million inspections organized by then — 395 thousand spent MOE, 266 thousand CPS.
The last time an employee of the State fire supervision came two years ago and during the inspection was “asked” to order the project of the passport to fire safety from a company affiliated with by the inspectors, told RBC the owner of the food service establishments. According to the businessman, then the cost of development to the passport ranged from 100 thousand to 200 thousand rubles., the amount dependent on the particular object.
Another source of RBC in the number of business calls, a similar order of the amounts of 150-200 thousand rubles. But now inspection of the Ministry of emergency situations “were different”, to pay they did not need, says the businessman. He believes that the fire inspectors will not use a stricter legislation in their own interest: “Now I don’t see any risk from these changes”.
MOE was quite different, I agree bludan. In her opinion, serious violations of the powers of the supervisors can’t let that happen: “They are to close the enterprise for 90 days) only when there is a threat — if there is no emergency exit, for example. They need to prove a danger and a threat. Supervisors in this sense is severely limited — decision to close should take higher-level Manager. This will not be so easy to manipulate”.
What else is offered a new
Firefighters will lose the right to supervise the military and the intelligence services
Employees of the State fire supervision will cease to supervise the observance of requirements of fire security on objects of the Ministry of defense, national guard, interior Ministry, Federal security service and foreign intelligence, the bill. All these agencies will monitor fire safety on their sites themselves — will appear in each appropriate division.
Under current law, employees of the State fire supervision (part of MES) have the right to freely enter the territory of any, including modal, object, inspect them, request the necessary documents, issue instructions to eliminate violations. Fire inspectors may also conduct inquiry in cases of fires, to call for explanations of any of the officers and to consider cases about such incidents.
In the event of a change of law, the special and military divisions of a Federal fire service will remain to the project. But the scope of their authority in the document are not defined.
Local authorities will lose the right to initiate inspections of businesses
The local officials will no longer be a reason for the unscheduled inspections of companies and organizations for compliance with fire safety regulations — the bill precludes local authorities from the subjects whose signals have to react fire inspectors. In the case of adoption of law to initiate an immediate field audit of the companies will retain organizations, citizens, employees of fire supervision and the media. For unscheduled inspections, such signals do not require the consent of the Prosecutor — the inspector shall only notify its intention to conduct an audit.
Firefighters will not be able to verify housing
The bill proposes to exclude the dwelling from the number of objects that fire inspectors may inspect for compliance with fire safety requirements, to the bill. The current law on fire safety requires citizens to provide employees of fire supervision ability to inspect any owned buildings and structures, including housing. According to the same law, citizens need to have in the house the primary means of extinguishing fires, the list of which is determined by the authorities. For failure to comply with including those of fire safety requirements people face a warning or fines of up to 1,5 thousand rbl. (the bill proposes to double the size of this penalty).
If a new law is passed, firefighters will be able to check any premises of citizens, but not housing.