Bodies empowered to oversee and monitor compliance fire safety

In accordance with the federal law of December 21, 1994 No. 69-FZ “On fire safety”, fire safety is understood as the state of protection of an individual, property, society and the state from fires.

To monitor compliance by organizations and citizens with fire safety requirements in Russian Federation a system of state fire supervision was created.

In accordance with the Decree of the President of the Russian Federation dated July 11, 2004 No. 868, the functions of supervision and control of fire safety are assigned to the Ministry of the Russian Federation for civil defense, Emergency Situations and Elimination of Consequences of Natural Disasters (EMERCOM of the Russian Federation), which includes the department of supervisory activities, regional and territorial bodies of the State Fire Supervision.

The powers, tasks, functions and procedure for organizing and carrying out the activities of the bodies of the State Fire Supervision are determined by Decree of the Government of the Russian Federation of December 21, 2004 No. 820 "On State Fire Supervision".

Bodies of state fire supervision within their competence:

1) organize and supervise compliance with fire safety requirements by federal bodies executive power, executive authorities of the constituent entities of the Russian Federation, local governments, organizations, as well as officials and citizens;

2) carry out, in accordance with the legislation of the Russian Federation, an inquiry into cases of fires and cases of violations of fire safety requirements;

3) conduct proceedings in accordance with the established procedure on cases of administrative offenses in the field of fire safety;

4) carry out official statistical accounting and maintenance of state statistical reporting on fires and their consequences;

5) determine the officials of the state fire supervision bodies to carry out activities for the implementation of supervision;

6) interact with federal executive authorities, including with state control (supervision) authorities, executive authorities of constituent entities of the Russian Federation, local governments, public associations and organizations, on issues of ensuring fire safety;

7) consider appeals and complaints of citizens and organizations on issues of ensuring fire safety.

On behalf of the state fire supervision authorities, activities are carried out by state fire supervision inspectors.

Officials of the territorial (district and city) bodies of the State Fire Supervision are the chief state inspectors of cities (districts) of the constituent entities of the Russian Federation for fire supervision, their deputies and state inspectors of cities (districts) for fire supervision.

It is the state inspectors of cities (districts) who directly control the provision of fire safety in educational institutions.

In accordance with paragraph 9 of Decree of the Government of the Russian Federation of December 21, 2004 No. 820, they have the right to:

1) exercise state fire supervision over compliance with fire safety requirements by organizations, as well as officials and citizens;

2) conduct inspections and inspections of territories, buildings, structures, premises of organizations and other facilities, including during non-working hours, in order to monitor compliance with fire safety requirements and suppress their violations;

3) require the submission of documents, information, samples (samples) of products, if they relate to the subject of verification;

4) enter freely, in accordance with the procedure established by the legislation of the Russian Federation, into residential and other premises, on land citizens in the presence of reliable data on violation of fire safety requirements, creating a threat of fire and (or) a threat to the safety of people;

5) give heads of legal entities and individual entrepreneurs, officials and citizens binding orders to eliminate violations of fire safety requirements;

7) stop for a short time, until the case is considered by the court, in the manner prescribed by the legislation of the Russian Federation on administrative offenses, the activities of branches, representative offices, structural divisions of a legal entity, production sites, as well as the operation of units, facilities, buildings or structures, the implementation of certain types of activities ( works), provision of services, if it is necessary to prevent an immediate threat of a fire and (or) a threat to life or health of people and if it is impossible to prevent these circumstances by other means;

8) submit to the relevant organizations and submit to the relevant officials in the manner prescribed by the Code of the Russian Federation on Administrative Offenses, submissions on the elimination of the causes and conditions that contribute to the commission of administrative offenses in the field of fire safety;

10) draw up protocols, consider cases of administrative offenses and, in accordance with the legislation of the Russian Federation, impose administrative penalties for violations of fire safety requirements.

Officials of state fire supervision bodies are obliged to:

1) timely and fully exercise the powers granted in accordance with the legislation of the Russian Federation to prevent, detect and suppress violations of fire safety requirements;

2) observe the legislation of the Russian Federation, the rights and legitimate interests of organizations and citizens;

3) to carry out control measures on the basis of and in strict accordance with the orders of the state fire supervision authorities on the implementation of control measures in the manner established by the legislation of the Russian Federation;

4) visit the facilities (territories and premises) of organizations in order to carry out control measures only during the performance of official duties upon presentation of service certificates and orders of the state fire supervision authorities on carrying out control measures;

5) not to prevent representatives of organizations from being present during the conduct of control measures, to give explanations on issues related to the subjects of their inspections;

6) provide the heads of legal entities and individual entrepreneurs or their representatives present during the conduct of control measures with the necessary information;

7) to acquaint the heads of legal entities and individual entrepreneurs or their representatives with the results of control measures;

8) when determining the measures to be taken on the facts of detected violations, take into account the compliance of these measures with the severity of violations, their potential danger to life and health of people, the environment and property, and also prevent unreasonable restriction of the rights and legitimate interests citizens and organizations;

9) to prove the legality of their actions when they are appealed in the manner established by the legislation of the Russian Federation.

Another duty of the inspectors of the State Fire Supervision Service is to provide advice on the performance of a state function.

Currently, heads of educational institutions use this opportunity quite rarely.

Consultations are provided on:

Clarification of the rights and obligations of state fire inspectors;

Clarification of the rights and obligations of legal entities and individuals;

Procedure and terms of carrying out supervision measures;

Procedure for appealing actions (inaction) and decisions of state fire inspectors;

Compliance of the object of supervision with fire safety requirements or licensing requirements and conditions;

Other issues within the competence of the State Fire Supervision Authority.

Consultations are provided in person, by telephone, by e-mail, and upon receipt of a written request - in writing.

H

Specificity of carrying out measures for control and supervision

The procedure for carrying out supervisory activities by the inspectors of the State Fire Supervision Service for the fulfillment of fire safety requirements is regulated by the Administrative Regulations approved by Order No. 517 of the Ministry of Emergency Situations of the Russian Federation dated 01.10.2007.

The performance of the supervision function includes the following procedures:

Planning activities for supervision;

Carrying out scheduled and unscheduled activities to supervise compliance with fire safety requirements;

Carrying out supervision activities carried out at the initiative of individuals and legal entities;

Registration of results and taking measures based on the results of supervision activities, etc.

Scheduled inspections of educational institutions are carried out in accordance with five-year action plans for supervision. The plan for carrying out supervision measures for the coming year must be published on the website of the regional body of the State Fire Supervision, in addition, an extract from the plan for carrying out supervision measures for the coming quarter (or month) must be posted in each territorial body of the State Fire Supervision in place accessible to citizens.

Thus, information about scheduled inspections of the State Fire Supervision authorities in the Chelyabinsk Region is located on the website of the Main Directorate of the Ministry of Emergency Situations in the Chelyabinsk Region: http://74.mchs.gov.ru.

The planned activities are developed on the basis of an analysis of the situation with fires, the fire-prevention state of institutions, taking into account the deadlines for the execution of previously issued instructions to eliminate the identified violations of fire safety requirements.

In accordance with Decree of the Government of the Russian Federation of November 23, 2009 No. 944, scheduled inspections in educational institutions can be carried out no more than once a year.

When implementing a planned supervision measure in an educational institution, compliance with fire safety requirements is checked in the following areas:

Implementation of organizational measures to ensure fire safety;

Condition of evacuation routes and exits;

Availability and serviceability of individual and collective means of rescue;

Availability, correct installation and performance of fire protection systems;

The readiness of the organization's personnel to act in the event of a fire;

Availability of organizational and administrative documents on the organization of training of employees of organizations in fire safety measures.

Unscheduled measures to supervise compliance with fire safety requirements are carried out in cases of expiration of the prescription issued to the institution, as well as in the following cases:

Obtaining information from legal entities, bodies state power about the occurrence of emergency situations, about changes or violations of technological processes, as well as about the failure of structures, equipment that can create a direct threat to life, health of people, causing damage to property;

Appeals of citizens, legal entities and individual entrepreneurs with complaints about violations of their rights and legitimate interests by actions (inaction) of other legal entities and (or) individual entrepreneurs related to their failure to comply with fire safety requirements.

Appeals that do not allow identifying the person who applied to the state fire supervision authority cannot serve as a basis for conducting an unscheduled supervision event.

When carrying out unscheduled supervision measures, compliance with those fire safety requirements is checked, information about the violation of which was the reason for the unscheduled event or the implementation of which was prescribed by a previously issued order.

According to paragraph 40 of the Administrative Regulations, approved by order of the Ministry of Emergency Situations of the Russian Federation of October 1, 2007 No. 517, an unscheduled event can also be held upon a written request from the educational institution itself. For example, in the case when an institution needs to obtain a conclusion confirming the compliance of the object of protection with fire safety requirements for licensing educational activities.

However, this basis for conducting unscheduled inspections is absent in the law of December 26, 2008 No. 294-FZ “On the protection of legal entities and individual entrepreneurs in the implementation state control(oversight) and municipal control» in this connection, there are court decisions according to which the specified appeals of educational institutions are not considered a legal basis for carrying out supervision activities (see decision arbitration court Chelyabinsk region dated March 31, 2010 in case No. A76-1579 / 2010-59-171)

The beginning of the implementation of the supervision measure is the moment the state inspector presents an order or a certified copy thereof, simultaneously with the presentation of an official ID. These documents must be provided to the head of the institution or an official authorized by him.

In the absence of a head or an official authorized by him in the institution, the inspector is not entitled to conduct an inspection.

As part of the activities to supervise compliance with the established fire safety requirements, the following can be carried out:

Visual inspection of the object of supervision in order to assess the compliance of the object with fire safety requirements;

Document analysis;

Sampling (sampling), research, examinations necessary to conclude on the compliance of the object of supervision with fire safety requirements;

Establishing the level of knowledge of fire safety requirements;

During visual inspection general characteristic is fixed fire hazard object, the facts of violations of fire safety requirements are revealed.

In addition to visual inspection, the inspector has the right to familiarize himself with the following documentation necessary to assess the compliance of the facility with fire safety requirements:

title documents legal entity;

documents of an administrative nature (orders on the appointment of persons responsible for the fire-prevention state of objects of supervision, etc.);

technical documentation related to issues of energy supply, water supply, installation of fire protection systems, contracts for the maintenance of fire protection systems, etc.;

technological documentation, the availability and maintenance of which is regulated by technical regulations, fire safety rules, other regulatory legal acts;

lease agreements for premises;

other documentation characterizing the fire safety of the facility.

If necessary, the specified documentation or part of it in copies may be attached to the audit materials.

Based on the results of supervision measures, the inspector draws up an inspection report in two copies. The form of the act is determined by the order of the Ministry of Emergency Situations of the Russian Federation dated 01.10.2007 No. 517.

If during the inspection the inspector of the State Fire Supervision Authority revealed violations of fire safety requirements, then in addition to the act of inspection, he must take the necessary measures to suppress the offense and bring the perpetrators to administrative responsibility.

In this case, the supervisory action can be completed:

Initiation of a case on an administrative offense;

Issuance of a ruling or decision on a case of an administrative offense;

Issuing orders to eliminate violations of fire safety requirements;

By submitting submissions on the elimination of the causes and conditions that contributed to the commission of an administrative offense to the relevant organizations and relevant officials.

All stages of carrying out measures to control the state of fire safety are clearly visible on the scheme "Procedure for carrying out measures for supervision", which is an appendix to the order of the Ministry of Emergency Situations of the Russian Federation dated 01.10.2007 No. 517 (Fig. 1).

P

Main directions of control measures

The subject of inspections by the State Fire Supervision bodies is compliance with the fire safety requirements contained in various regulatory legal acts.

On May 2, 2009, the Federal Law of July 22, 2008 No. 123-FZ "Technical Regulations on Fire Safety Requirements" came into force. The law was adopted in order to protect the life, health, property of citizens and legal entities, state and municipal property from fires and defines the main provisions of technical regulation in the field of fire safety, establishes general fire safety requirements for protected objects, including buildings and structures.

The provisions of the law are obligatory for execution in the design, construction, overhaul, reconstruction, technical re-equipment, change in functionality, maintenance, operation and disposal of protected objects.

Appendix No. 13

to the Administrative Regulations,

approved by order of the Ministry of Emergency Situations of the Russian Federation dated 01.10.2007 No. 517

SUPERVISORY MEASURES

┌────────────────────────────┐ ┌──────────────────────────┐

│Presenting an order about │ │Handing one copy│

│ holding an event on │ ┌──────────────────────────────┐ │ act with copies of applications│

│ supervision and official │ │ Direction of the act │ │ to the head of the legal│

│ certificates │ │ by postal service │ │ person or his deputy and │

│ authorized officials │ │ with notification of delivery │ │ individual │

│ persons to the head or │ └────────────────────────────┘ │ entrepreneur or their │

│ another official │ /\ │ representatives │

│ legal entity or │ ┌────────────────────────┐ ─────────┘

│ individual │ │ Violations of requirements │ │ /\

│ entrepreneur │ │ fire safety │ │ │

└─────────────┬──────────────┘ │ and other offenses ┴──────────────┐

│ │ not installed │ └────────┤ Familiarization with the act │

\/ └─────────────────────┬────┘ │legal representative│

┌──────────────────────────────┐ /\ /\ └────────────┐ │ person or │

│Inspection according to│ │ │ ┌──────────────────────┐ │ │ entrepreneur, as well as │

│ subject of the event │ │ │ │ Implementation │ │ │ persons present at │

│ supervision measures, │ │ │ │ proceedings on the case │ │ │

│ specified in the order │ │ │ │ on administrative │ │ │ control │

└──────────────┬────────────────┘ │ │ │ offense ──────────────┘

│ │ │ │ (Appendix N 15) │ │ /\

\/ │ │ └───────────────────────┘ │ │

┌────────────────────────────┐ │ │ /\ │ ┌─────────────┴────────────┐

│ Visual inspection of the object ├─┘ │ │ │ │ Record of an official │

│ supervision for the purpose of assessment │ │ │ ┌───────────────────┐ │

│ compliance of the object │ │ │ │ The presence of only those │ │ │ measures to control about │

│ requirements of the fire department │ │ │ │ violations (with │ │ │ inspection carried out │

│ security. Check │ │ │ │ unscheduled │ │ └───────────────────────────

│ information that appeared │ │ │ │ event on │ │ /\

│ reason for conducting │ │ │ │ supervision), which │ │ │

│ unscheduled events for │ │ │ │ have already been prescribed │ │ ┌─────────────┴───────────────────

│ supervision │ │ │ │ to be eliminated in │ │ │ Drawing up an act on │

└──┬──────────────┬───────────┘ │ │ │previous planned │ └─>│ the results of the past │

│ │ │ │ │ activity on │ │ supervision activities │

│ \/ │ │ │ supervision │ └──────────────────────────┘

│ ┌──────────────────────┐ │ │ └───────────────────┬┘ /\ /\ /\

│ │ Implementation ├────┘ │ /\ └──────────────────────┘ │ │

│ │ required │ │ │ │ │

│ │ research │ │ │ │ │

│ │(tests), examinations│ │ │ │ │

│ └───────────┬──────────┘ │ │ │ │

│ │ │ │ ┌─────────────────────┴─────┐ │

\/ \/ ​​│ │ │ Issuance of prescriptions about │ │

┌────────────────────────────────┐ ┌─┴─────────────── ────┐│ │ elimination of violations │ │

│ Establishment of sufficient data, │ │ Initiation of a case on │ │ │ requirements of the fire department │ │

│ indicating the presence of an event ├>│ administrative ├┘ │ security and (or) │ │

│ offenses │ │ offenses ├─>│ withdrawal orders │ │

└────────────────────────────────────────────── ────┘ │from production, termination│ │

│ │ issue and suspension │ │

\/ │ sales of goods (works, │ │

┌───────────────────────────────────────────────── ─────┐ │ services), inconsistent│ │

│Sending information to other state bodies │ │ to the requirements of the fire department │ │

│ supervision (control) on detected violations, for │ │ security │ │

│ commission of which the GPN bodies are not entitled to carry out │ └────────────────────────────┘

│ production ├─────────────────────────────────┘

└──────────────────────────────────────────────────────┘

For existing buildings, structures and structures designed and built in accordance with the previous fire safety requirements, the provisions federal law No. 123-FZ do not apply, except in cases where the further operation of these buildings, structures and structures leads to a threat to life or health of people due to the possible occurrence of a fire. In such cases, the owner of the facility or a person authorized to own, use or dispose of buildings, structures and structures must take measures to bring the fire safety system in line with the requirements of the technical regulation .

According to Article 5 of the Technical Regulations, each object of protection must have a fire safety system, the purpose of which is to prevent fire, ensure the safety of people and protect property in case of fire.

The fire safety system of the protected object includes a fire prevention system, a fire protection system, a set of organizational and technical measures to ensure fire safety.

The fire safety of the object of protection is considered to be ensured if:

1) in in full mandatory fire safety requirements established by federal laws on technical regulations have been met;

2) the fire risk does not exceed the allowable values ​​established by federal law No. 123-FZ of July 22, 2008.

Conformity assessment form containing information on fire safety measures aimed at ensuring protection at the facility normative value fire risk, is a fire safety declaration.

The Declaration provides:

1) fire risk assessment (if risk calculation is carried out);

2) assessment of possible damage to property of third parties from a fire.

If all mandatory fire safety requirements established by federal laws and by-laws on fire safety are met, then a fire risk calculation is not required.

In accordance with paragraph 7 of Article 64 of Federal Law No. 123-FZ dated July 22, 2008, for protected facilities in operation on the day the Technical Regulations come into force, a fire safety declaration must be submitted no later than May 1, 2010.

The fire safety declaration form was approved by order of the Ministry of Emergency Situations of the Russian Federation of February 24, 2009 No. 91.

The declaration is developed and submitted directly by the educational institution, which is the user of the buildings transferred to it for operational management.

The declarant who developed the declaration is responsible for the completeness and reliability of the information contained in it in accordance with the legislation of the Russian Federation.

Even if the declaration is drawn up by a specially involved organization, the accuracy of the information presented in it will be certified by the signature of the head and the seal of the institution.

The declaration can be sent to the State Fire Supervision Authority directly or by mail. When sending by mail, it is better to send registered by mail with notice and description of the attachment.

Officials of the State Fire Supervision Authority check the compliance of filling in the received declaration with the established form and carry out its registration by assigning a registration number.

If the declaration does not comply with the established requirements, it is returned to the declarant with a written indication of the reasoned reasons for the refusal to register it.

If necessary, the declaration can be clarified by making changes to it, which are attached to the declaration and registered in the manner established for the registration of the declaration.

The adoption of the Technical Regulations on fire safety requirements did not lead to the abolition of the previously existing regulatory legal acts containing fire safety requirements (fire safety rules, building codes and regulations, fire safety standards, etc.). All documents in force prior to the adoption of the regulations containing fire safety requirements are subject to binding in the part that does not contradict the requirements of the Technical Regulations.

It is the violation of these documents that the inspectors of the State Fire Supervision Service refer to in the acts following the results of inspections and instructions.

The main documents adopted earlier, but currently in force in relation to educational institutions, are:

PPB 01-03 "Fire Safety Rules in the Russian Federation", approved by order of the Ministry of Emergency Situations of the Russian Federation of June 18, 2003 No. 313,

SNiP 21-01-97 * "Fire safety of buildings and structures" adopted and put into effect by the Decree of the Ministry of Construction of Russia dated February 13, 1997 No. 18-7;

NPB 110-03 "List of buildings, structures, premises and equipment to be protected by automatic fire extinguishing installations and automatic fire alarms", approved by the Order of the Russian Emergencies Ministry of 18.06.2003 No. 315;

NPB 104-03 "Design of fire warning systems for people in buildings and structures", approved by Order of the Russian Emergencies Ministry dated June 20, 2003 No. N 323 ";

NPB 166-97" fire fighting equipment. Fire extinguishers. Requirements for operation", approved by the Order of the GUGPS of the Ministry of Internal Affairs of Russia dated December 31, 1997 No. 84;

NPB "Training in fire safety measures for employees of organizations", approved by order of the Ministry of Emergency Situations of the Russian Federation of December 12, 2007 No. 645.

It is very important to correctly determine the validity of these documents in time, given the principle that "the law has no retroactive effect." By this principle a normative legal act should not apply to those relations that already existed before its entry into legal force.

However, giving normative legal act retroactive effect is possible if the document itself says so.

It is necessary to carefully study those documents, the violation of which is referred to by representatives of the State Fire Supervision authorities and find in them the rules that determine the validity of the document in time.

So, for example, paragraph 1.7. SNiP 21-01-97 * "Fire safety of buildings and structures", says that the need to bring existing buildings in line with the requirements of SNiP is determined by clause 8.5 of SNiP 10-01-94.

In turn, according to paragraph 8.5. SNiP 10-01-94 "System of regulatory documents in construction" for existing buildings and structures designed and built in accordance with previously existing regulatory documents, newly developed documents do not apply, except in cases where the further operation of such buildings and structures in accordance with new data leads to an unacceptable risk to the safety of human life and health.

When changing the functional purpose of existing buildings (structures) or individual premises, they must apply the current regulatory documents in accordance with the new purpose of these buildings or premises.

Thus, SNiP 21-01-97 *, as a general rule, extends its effect to buildings designed and built after 1997 or older buildings in which reconstruction was carried out. This position is confirmed in the decisions of the judicial authorities (see the decisions of the Arbitration Court of the Chelyabinsk Region of January 22, 2009 in case No. A76-25625 / 2008-53-667 / 11 and of December 04, 2009 in case No. A76-40474 / 2009-62-861).

Except general rules, each industry has its own Fire Safety Rules. So in the education system, the “Fire Safety Rules for General Education Schools, Vocational Schools, Boarding Schools, Orphanages, Preschool, Out-of-School and Other Educational Institutions PPB 101-89” are still in force, approved by order of the USSR State Committee for Public Education dated 04.07.1989 No. 541.

Currently being formed new system technical regulation, which includes technical regulations, standards and codes of practice (see Federal Law No. 184-FZ of December 27, 2002 “On Technical Regulation”).

Technical regulations establish mandatory requirements for the objects of technical regulation (products, including buildings, structures and structures).

Standard - a document that establishes product characteristics, implementation rules and characteristics of design processes (including surveys), production, construction, installation, commissioning, operation, storage, transportation, sale and disposal, performance of work or provision of services.

Rulebooks contain technical rules and (or) a description of the processes of design, production, construction, installation, adjustment, operation, storage, transportation, sale and disposal of products and which are used on a voluntary basis in order to comply with the requirements of technical regulations. At the same time, the sets of rules do not actually contain new requirements, but systematize the requirements that are available in previously adopted legal acts (rules, SNiPs, etc.).

So, at present, in the field of fire safety, the above “ Technical regulation on fire safety requirements”, approved by federal law 123-FZ and 12 sets of rules approved by orders of the Ministry of Emergency Situations of the Russian Federation:

Code of Practice SP 1.13130.2009 “Fire protection systems. Evacuation routes and exits”;

Code of Practice SP 2.13130.2009 “Fire protection systems. Warning system and management of evacuation of people in case of fire”;

Code of Rules SP 3.13130.2009 "Warning and evacuation control system in case of fire";

Code of Practice SP 4.13130.2009 “Fire protection systems. Limiting the spread of fire at protected facilities. Requirements for space-planning and design solutions”;

Code of Practice SP 5.13130.2009 “Fire protection systems. Settings fire alarm and automatic fire extinguishers. Norms and rules of design”;

Code of Practice SP 6.13130.2009 “Fire protection systems. Electrical equipment. Fire safety requirements";

Code of Practice SP 7.13130.2009 “Heating, ventilation and air conditioning. Fire safety requirements”;

Code of Practice SP 8.13130.2009 “Fire protection systems. Sources of external fire water supply. Fire safety requirements";

Code of rules SP 9.13130.2009 “Fire fighting equipment. Fire extinguishers. Operating requirements";

Code of Practice 10.13130.2009 “Fire protection systems. Internal fire water supply. Fire safety requirements";

Code of Rules 11.13130.2009 “Locations of fire departments. Procedure and method of determination”;

Code of Rules 12.13130.2009 "definition of categories of premises, buildings and outdoor installations for explosion and fire hazard".

A complete list of national standards and codes, as a result of which, on a voluntary basis, compliance with the requirements of the Federal Law of July 22, 2008 No. 123-FZ “Technical Regulations on Fire Safety Requirements” can be found in the order of Rostekhregulirovanie dated April 30, 2009 No. 1573.

An analysis of the above regulatory legal acts allows us to identify the following fire safety requirements, grouping them according to the areas of control.

The arrival of fire inspectors at a facility to conduct an inspection often takes fire safety managers by surprise. To prevent this from happening, it is necessary to prepare in advance for such inspections, as well as to know their legal and regulatory framework.

The main document regulating the action of fire inspectors during inspections is the Federal Law of December 21, 1994 No.

N 69-FZ "On fire safety", as well as the Regulation on state fire supervision, approved by Decree of the Government of the Russian Federation of December 21, 2004 No. 820.

Any activities carried out during fire supervision inspections must be carried out in accordance with Federal Law No. 294 of December 26, 2008. "On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control." According to this law, inspections can be scheduled and unscheduled.

Unscheduled check
The basis for an unscheduled inspection may be the receipt by the state control bodies from state authorities, local authorities, from the media of information about the following facts:
1. the emergence of a threat of causing harm to life, health of citizens, harm to animals, plants, environment, objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation, state security, as well as threats emergencies natural and man-made character;
2. causing harm to life, health of citizens, harm to animals, plants, the environment, objects of cultural heritage of the peoples of the Russian Federation, state security, as well as the occurrence of natural and man-made emergencies;
3. violation of the rights of consumers (in the case of appeals from citizens whose rights have been violated).
In other words, there must be very good reasons for conducting an unscheduled inspection. At the same time, such an inspection must be authorized by the prosecutor's office, and the head of the enterprise must be warned 24 hours before the start of its conduct.

Scheduled check
According to Federal Law No. 294, a scheduled inspection can be carried out no more than once every three years. As a rule, the basis for a scheduled inspection is the expiration of three years from the date of registration person, or the end of the last scheduled inspection of jur. faces.

What documents does the inspector examine during a scheduled inspection?

When conducting an on-site inspection, before conducting a visual inspection of compliance with fire safety requirements, the fire inspector examines the following documents:

1. Title documents:
1.1. Lease agreement or certificate of ownership;
1.2. Statutory documents and bank details;
1.3. Order on the appointment of the General Director;
2. Documents confirming the fulfillment by the enterprise of fire safety requirements:
2.1. Declaration of fire safety (it is necessary to develop not for all objects);
2.2. Certificate of completion of training on the fire-technical minimum of the person responsible for fire safety;
2.3. Instructions on fire safety (Decree of the Government of the Russian Federation of April 25, 2012 N 390 (as amended on February 17, 2014) "On the fire regime");
2.4. Magazine about the passage of fire safety briefings;
2.5. Registration log primary funds fire extinguishers (fire extinguishers);
2.6. Passports for fire extinguishers or acts of recharging;
2.7. Commissioning certificate, passports and certificates for the installed equipment of fire safety systems (APS, SOUE, VPV, DU, AUPT);
2.8. Magazine about holding Maintenance APPZ or fire extinguishing systems with monthly marks of the service organization;
2.9. Journal of accounting and inspections of fire hydrants (no later than 6 months);
2.10. The act of checking the quality of fire retardant treatment (the check is carried out within the time limits established by the manufacturer of the fire retardant composition, in their absence -
2 times per year);
2.11. The act of testing fire escapes and fences on roofs (the test is carried out
1 time in five years);
2.12. Evacuation plans and instruction to personnel

Let the reader not be intimidated by such an extensive list of documents, in practice it is much shorter.

How do you know when a scheduled inspection of your business is due?

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ORDER of the Ministry of Emergency Situations of the Russian Federation of March 17, 2003 132 (as amended on April 26, 2005) ON APPROVAL OF INSTRUCTIONS FOR THE ORGANIZATION AND IMPLEMENTATION OF STATE ... Relevant in 2017

IV. Organization of supervision over compliance with fire safety requirements at the objects of control (supervision)<*>

<*>Based on federal law dated December 21, 1994 N 69-FZ"On fire safety"; federal law dated August 8, 2001 N 134-FZ"On the protection of the rights of legal entities and individual entrepreneurs in the course of state control (supervision)".

15. Supervision over compliance with fire safety requirements at the objects of control (supervision) is carried out in the course of inspections carried out as part of control measures.

16. Inspections are divided into scheduled and unscheduled.

Scheduled inspections are carried out in order to monitor the implementation mandatory requirements fire safety at the objects of control (supervision).

Unscheduled inspections are carried out in order to control the execution of orders to eliminate violations of mandatory fire safety requirements identified as a result of a scheduled inspection.

17. Unscheduled inspections are carried out by the GPN bodies also in the following cases:

obtaining information from legal entities, individual entrepreneurs, public authorities about the occurrence of emergencies, changes or violations technological processes, as well as on the failure of structures, equipment that can directly cause a threat to life, harm to human health, the environment and property of citizens, legal entities and individual entrepreneurs;

the occurrence of a threat to life and harm to the health of citizens, damage to property, including in relation to other legal entities and (or) individual entrepreneurs;

appeals of citizens, legal entities and individual entrepreneurs with complaints about violations of their rights and legitimate interests by actions (inaction) of other legal entities and (or) individual entrepreneurs, citizens related to their failure to comply with mandatory fire safety requirements, as well as other information supported by documents and other evidence indicating the presence of signs of such violations (applications that do not allow identifying the person who applied to the GPN body cannot serve as a basis for an unscheduled inspection).

Unscheduled inspections in the cases specified in paragraphs two and three of this clause may be carried out by a reasoned decision of the State Tax Inspectorate, including in relation to other legal entities and individual entrepreneurs using homogeneous objects of control (supervision).

18. Inspections are carried out on the basis of an order (order) of the head of the GPN body.

19. The order (order) of the head of the body of the State Tax Inspection on conducting an inspection or a copy thereof, certified by the seal of the relevant body of the State Patrol Service, is presented by the state inspector carrying out the inspection to the head or other official of the legal entity or an individual entrepreneur simultaneously with the service certificates of the participants in the inspection.

An inspection can be carried out only by those state inspectors who are indicated in the order (order) on conducting an inspection.

20. The duration of the fire safety control measure in relation to one legal entity or individual entrepreneur should not exceed one month.

In exceptional cases related to the need to check a large number buildings and structures, carrying out special studies (tests), examinations with a significant amount of work, on the basis of a reasoned proposal from the state inspector carrying out the inspection, the head of the State Tax Inspectorate or his deputy, the period for carrying out the control measure may be extended, but not more than for one month.

21. In accordance with the lists of objects of control (supervision), the GPN bodies maintain lists of especially important and regime objects, as well as lists of organizations where fire department.

22. At control facilities included in the list of especially important and sensitive facilities and the list of enterprises where a fire brigade is created without fail, scheduled inspections are carried out once every two years.

These facilities are assigned to the most trained state inspectors, and nuclear power facilities - personally to the head of the relevant body of the State Patrol Service.

The frequency of scheduled inspections at the objects of control (supervision) that are not included in the named lists, as well as in settlements is established by the relevant bodies of the State Fire Commission, taking into account the results of the analysis of the situation with fires and the fire hazard of facilities, but not more than once every two years.

The frequency of control measures for buildings and structures under construction is established by the bodies of the State Patrol Service depending on the complexity of the facilities, the timing and pace of their construction, and taking into account calendar plans fulfillment construction works. These control measures should be carried out in the process of participating in the work of commissions for the commissioning of facilities under construction, but not more than once every two years.

Checks federal bodies executive authorities, executive authorities of the constituent entities of the Russian Federation and local governments should be carried out at least once every 5 years.

23. When implementing control measures Special attention should be given to objects with the stay of people (hotels, hostels, children's, educational, medical and recreational institutions, social security facilities, etc.).

24. Control measures are carried out by state inspectors during the performance of their official duties with the participation of the heads of organizations or representatives assigned by them.

Inspections of federal executive bodies, executive bodies of constituent entities of the Russian Federation, local governments are carried out by a commission created by the relevant body of the State Tax Inspectorate headed by the head of this body of the State Tax Inspectorate or, on his behalf, by another official of the bodies of the State Tax Inspection.

The commission includes officials GPN bodies, as well as (as agreed) representatives of higher executive authorities of the constituent entities of the Russian Federation, representatives of other interested bodies, including federal oversight bodies.