Regulation

CLASSIFICATION OF CONSTRUCTION AND TARGET WHERE A PLAN FOR FIRE PREVENTION AND FIREFIGHTING IS REQUIRED ROYAL GOVERNMENT No. 87ANK.BK

2019-08-27 16:05:52

SUB-DECREE

ON

CLASSIFICATION OF CONSTRUCTION AND TARGET WHERE A PLAN FOR FIRE PREVENTION AND FIREFIGHTING IS REQUIRED

ROYAL GOVERNMENT

 

-Having seen the Constitution of Kingdom of Cambodia

-Having seen Royal Decree No NS/RKT/0913/903 dated October 24, 2013 on Appointment of the Royal Government of Kingdom of Cambodia

-Having seen Royal Decree No NS/RKT/1213/1393 dated December 21, 2013 on the Amendment and Supplement of Component of the Royal Government of Kingdom of Cambodia

- Having seen Royal Decree No NS/RKT/0416/368 dated May 4, 2006 on the Revision and Addition of the Composition of the Royal Government of Kingdom of Cambodia

-Having seen Royal Decree No 02/NS/94 dated July 20, 1994 promulgating the Law on Organization and Functioning of the Council of Ministers

-Having seen Royal Kram No/NS/RKM/0196/08 dated January 24, 1996 on Organization and Functioning of the Ministry of Interior

-Having seen Royal Kram No/NS/RKM/0699/09 dated June 23, 1999 promulgating the Law on the Establishment of the Ministry of Land Management Urban Planning and Construction

-Having seen Royal Decree No/NS/RKM/0613/007 dated June 03, 2013 promulgating the Law on Fire Prevention and Firefighting

-Having seen Sub-decree No 86ANK.BK dated December 19, 1997 promulgating Construction Permit

-Having seen the Sub-decree No 109ANK dated September 19, 2015 on Organization and Functioning of the Ministry of Interior

- Having seen the Sub-decree No 62ANK.BK dated December 20, 1999 on Organization and Functioning of the Ministry of Land Management Urban Planning and Construction

-In accordance with the proposal of Minister of Interior and Minister of Land Management Urban Planning and Construction

 

Hereby decides as follows:

Chapter 1

General Provisions

Article 1:

The purpose of this Sub-decree is to determine the classification of construction and target where a plan for fire prevention and firefighting is required to prevent fire accidents.

Article 2:

This Sub-decree aims at determining competency for control and inspection of a plan for fire prevention and firefighting at constructions and targets to prevent and to protect people's lives, properties, environment, security, public order and national security from fire.

Article 3:

The scope of this Sub-decree covers constructions and targets where a plan for fire prevention and firefighting is required in the Kingdom of Cambodia.

Article 4:

The important terms used in the Law on Fire Prevention and Firefighting shall be added in this Sub-decree and bear the following definitions:

-Fire refers to a fire incident beyond control which might be harmful to life, property and environment.

-Fire prevention refers to preparation for, and implementation of, conditions and methods used to ensure safety and to prevent fire.

-Classification of Construction refers construction where a plan for fire prevention and firefighting is required as stated in this Sub-decree.

-Target refers to various places and means of transport where fire may happen.

-A plan of fire prevention and firefighting refers to any clear drawing of a plan clearly determined and detailed concerning the installation of equipment, tools and facilities for fire prevention and firefighting.

-Fire prevention and firefighting system refers to the installation of technical equipment inside and/or or outside and the target and other methods for fire prevention and firefighting and rescue.

-Transport refers to vehicles, equipment, materials used to prevent fire and extinguish fire.


Chapter 2

Governing and Inspection Authority

Article 5:

The Ministry of Interior shall have the competence to:

- Inspect the plan for fire prevention and firefighting system’s Design of every construction and target to ensure compliance with technical standards;

- Inspect equipment, materials and facilities to be equipped as fire prevention and fighting systems in compliance with technical standards;

- Inspect depot/storage used for selling equipment and materials for fire prevention and firefighting,

-Certify a drawing plan for fire prevention and fighting;

-Issue a letter to temporarily suspend activities for any part of construction and target which do not fully fulfill conditions and methods to prevent fire and fight fire.

Article 6:

Requirements shall be determined by the concerned Minister for inspection of the plan for fire prevention and firefighting at military-based constructions and targets or any other targets relevant to national security or embassy or consulate or foreign residences or international organization building. In case there is a request from the relevant Ministry, the Fire Prevention and Firefighting Unit of the Ministry of Interior may provide technical support.

Article 7:

The Ministry of Interior shall delegate this authority to the General Commissariat of National Police and municipal and provincial Police Commissariat to govern and inspect fire prevention and firefighting systems at all constructions and targets where a plan for fire prevention and firefighting is required in accordance with Article 5 of this Sub-decree.

Article 8:

The Ministry of Interior may cooperate other relevant institutions and ministries and other partners with technical expertise in fire prevention and firefighting systems with the aim to promote the profession and techniques for inspection of fire prevention and firefighting.    

Article 9:

The fire prevention and firefighting police officers who inspect the constructions and targets shall show their identity card and the mission letter to the owner or any person with whom they interact, and shall have a proper and clear report.

Article 10:

The duration and fees for certification of a plan for fire prevention and firefighting shall be determined by inter-ministerial Prakas of the Minister of Interior and the Minister of Economy and Finance.

The formality and procedure for such certification of fire prevention and firefighting shall be determined by the Minister of Interior.

Article 11:

The General Commissariat of National Police or municipal/provincial Police Commissariat shall have the authority to render a warning letter and impose a provisional fine upon the owner of the construction or target where fire prevention and firefighting system is not properly equipped in accordance with the technical standards, or where it is not equipped in accordance with this Sub-decree.


Chapter 3

Classification of Construction and Target Where a Plan for Fire Prevention and Firefighting System Is Required

Article 12:

Construction and target where a plan for fire prevention and firefighting system is required shall be determined as follows:

1st Classification: a construction or a business target that produce, sell, fabricate and stockpile, fuel station and use of gas, inflammable and explosive substances.

2nd Classification: State ministries, institutions, offices and units; public and private enterprises.

3rd Classification: a construction or a downtown target which is densely populated, a co-owned building, a residential neighborhood or a neighborhood-based residence, a major commercial building complex, a cinema, a theater, national museum, national archive, national library, entertainment complex, night club, radio station, television station, telecommunication station, scientific research company target, airport, railway station, port, garage and parking area.

4th Classification: a construction or target which is located in mountainous, wild and protected areas and resorts, electricity station, hydropower plant, handicraft and industrial enterprise, factory, and mining site.

5th Classification: a small commercial building complex and marketplace.

Article 13:

The following constructions and targets requiring a plan for fire prevention and firefighting shall fall under the competent authority of the General Commissariat of National Police:

A. a construction and a target which is 3,000 (three thousand) square meters or more in surface areas of construction site and/or 5 (five) levels high including the underground level and/or one which contains more than 200 (two hundred) people and/or 25 (twenty-five) rooms or more and/or a parking area of 100 (hundred) cars or more.

B. Fuel station, fuel depot, fuel tank, location for selling gas and target for production and fabrication of inflammable and explosive substances of any and all types which stores 10,000 (ten thousand) liters or more and/or 5,000 (five thousand) kilograms or more.

C. Any important construction in the protected natural environment, cultural heritage, historical area, tourist and religious sites.

Article 14:

The following constructions and targets requiring a plan for fire prevention and firefighting shall fall under competent authority of the Municipal/Provincial Police Commissariat:

A. a construction and a target which is less than 3,000 (three thousand) square meters in surface areas of construction site and/or fewer than 4 (four) levels high including the underground level and/or that contain fewer than 200 (two hundred) people and/or fewer than 25 (twenty five) rooms and/or a car parking area of fewer than 100 (hundred) cars.

B. Fuel station, fuel depot, fuel tank, location for selling gas and target for production and fabrication of inflammable and explosive substances of any and all types which stores less than 10,000 (ten thousand) liters and/or 5,000 (five thousand) kilograms.

Article 15:

This Sub-decree shall apply to constructions and targets relevant to all factories, small and medium enterprises and handicraft shops that fall under any of the classifications above.

Approval and certification of a technical safety plan for industry and handicraft shall adhere to the provisions of the Law on Management of Factories and Handicrafts. 


Chapter 4

Obligations of Construction or Target Owner

Article 16:

Construction or target owner shall have a plan for fire prevention and firefighting and obtain a certification from the General Commissariat of National Police or municipal/provincial Police Commissariat prior to commencement of construction.

A drawing of a plan for fire prevention and firefighting shall be studied and drawn by a professional expert and certified by competent institutions.

The construction or target owner shall obtain a certificate on the completion of a plan for fire prevention and firefighting certified by the General Commissariat of National Police or municipal/provincial Police Commissariat.

Formalities and procedures for such request by the construction or target owner as stipulated in Article 16 shall be determined by a Prakas of the Minister of Interior.

Article 17:

Before removing, repairing and modifying the fire prevention and firefighting system, the construction or target owner shall request the permit from the General Commissariat of National Police or municipal/provincial Police Commissariat as stated in Article 13, Article 14 and Article 15 of this Sub-decree.

 

Chapter 5

Penalties

Article 18:

Procedures for provisional penalties, fines, management of invoices for such fines and management of income from penalties for offences as stipulated in this Sub-decree shall be determined by an inter-ministerial Prakas between the Minister of Interior and the Minister of Economy and Finance.

Procedures for management of income from penalties for offences decided by the court shall be determined an inter-ministerial Prakas by the Minister of Interior, the Minister of Economy and Finance and the Minister of Justice.

Article 19:

Any police officer charged with fire prevention and firefighting who neglects, fail or pretend to forget and be irresponsible, not properly fulfilling their duties as stated in this Sub-decree shall be punishable administratively. In a serious case, such an officer shall be legally liable in accordance with applicable laws.

Article 20:

A legal person or entity that is the owner of a construction or target and fails to comply with the provisions of this Sub-decree shall:

receive a written warning

be punishable with a provisional fine of no more than 10,000,000 (ten million) Riel in case of defiance to the written warning

be sued to the court for temporary suspension of construction if they still fail to comply.

Article 21:

The owner of a construction or target who fails to comply with the plan for fire prevention and firefighting system as specified in the master plan of construction shall receive a written warning. In case of defiance to the written warning, a fine shall be imposed from 2,000,000 (two million) Riel to 5,000,000 (five million) Riel and shall be required to make correction in compliance with the plan for fire prevention and firefighting system beforehand.

Article 22:

The owner of construction or target who carries out construction without a plan for fire prevention and firefighting systems and certification from the General Commissariat of National Police or municipal/provincial Police Commissariat shall suspend such activity temporarily and be fined no more than 10,000,000 (ten million) Riel.

In case of repeat offence, the fine shall be double.

Article 23:

The owner of a construction or target who removes, repairs or modifies the fire prevention and firefighting system without prior permission shall receive a written warning. In case of repeat offence, a fine shall be imposed from 2,000,000 (two million) Riel to 5,000,000 (five million) Riel.

Article 24:

Payment of a provisional fine shall extinguish a criminal action.


Chapter 6

Transitional Provisions

Article 25:

Within 24 months after this Sub-decree comes into effect, construction owners and target owners who have completed construction or are carrying out construction without a plan for fire prevention and firefighting system shall complete the forms for certification from the General Commissariat of National Police or municipal/provincial Police Commissariat in accordance with this Sub-decree.


Chapter 7

Final Provisions

Article 26:

Provisions contrary to this Sub-decree shall be abrogated.

Article 27:

Minister in charge of the Council Ministers, Minister of Interior, Minister of Land Management, Urban Planning and Construction, Minister of Economy and Finance, Ministers of all Ministries, Directors of relevant institutions and Municipal/Provincial Governors shall be responsible for effective implementation of this Sub-decree within their respective capacities from the date of signing.                                                    

                                                                                       

Phnom Penh, 25 June 2018

Prime Minister

Samdech Akkak Moha Sena Padei Techo Hun Sen