Regulation

REQUIREMENTS AND MEASURES ON FIRE PREVENTION AND FIREFIGHTING ROYAL GOVERNMENT No. 131ANK.BK

2019-08-27 16:06:49

SUB-DECREE

ON

REQUIREMENTS AND MEASURES ON FIRE PREVENTION AND FIREFIGHTING

ROYAL GOVERNMENT

 

-Having seen the Constitution of Kingdom of Cambodia;

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

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

-Having seen the Royal Kram No. /NS/RKM/0196/08 dated Jan 24 promulgating the Law on the Establishment of the Ministry of Interior;

-Having seen the Royal Kram No. NS/RKM/0606/108 dated June 23, 2006 promulgating the Law on Controlling Factories and Handicrafts;

-Having seen the Royal Kram No. NS/RKM/1014/025 dated Oct 23, 2014 promulgating the Law on Amendment of the Law on Controlling Factories and Handicrafts;

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

-Having seen the Sub-Decree No 109ANK.BKdated September 19, 2015 promulgating the Law on Organization and Functioning of the Ministry of Interior;

-In accordance with the proposal of Minister of Interior;


Decides


Chapter 1

General Provisions

Article1:

The purpose of this Sub-Decree is to determine management, prevention and extinguishment of fire with effective storage, transportation, sales, production, fabrication and use of inflammable and explosive substances; fire sources and any other sources of heat that could cause fire.

Article2:

This Sub-decree is aimed at setting forth requirements and measures on fire prevention and firefighting in a bid to protect people's lives, properties, environment, security, public order and national security.

Article3:

The scope of this Sub-decree shall cover all activities concerning fire prevention and firefighting of storage, transportation, sales, production, fabrication and use of inflammable and explosive substances; fire sources and any other sources that could cause a fire.

Article4:

Key terms used in the Law on Fire Prevention and Firefighting that are used in this Sub-decree shall be defined as follows:

-Source of Fire or source of heat refers to any fire from stoves, lamps, cigarettes, welding, candles, incenses, rubbish burning, embers, bonfires, bushfires, electricity, conduced fire iron, fireplace, water heater, and any object which reacts and ignites fire and could burst into flames.

-Inflammable and explosive substances refer to liquid and solid substances, gas, chemicals, goods and raw materials which easily catch fire and burst into flames.

-Requirements and provisions refer to criteria for setting up fire prevention and firefighting system and ensuring fire safety and prevention.

-A responsible person at target refers to a legal entity and individual that govern various places and means of transports which may cause fire.

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

-Mandatory team for fire prevention and firefighting refer to a group of people formulated as first reinforcement for firefighting and prevention operation and rescue at a target which has fire prevention system in place.

-Voluntary team for fire prevention and firefighting refer to a group of people formulated as first reinforcement for firefighting and prevention operation and rescue at villages/communes or community where they reside.

-Downtown areas refer to a densely-populated place where buildings and houses are constructed closely next to each other.

-A target occupant refers to owner, occupant, governor, eligible person and/or any person who is eligible to govern and inspect target.


Chapter 2

Competent Authority for Governing and Inspection

Article5:

The Ministry of Interior in which General Commissariat of National Police plays as the Chief of Staff, shall have the competent authority to govern and inspect the operation of fire prevention, fighting and certificate of recognition of fire prevention and fighting at target, suspend any provisional activity at any target that does not meet the requirements and provisions on fire prevention and fighting, scene examination and forensic measures.

Forms and procedures for inspection, issuance of a certificate of recognition for quality and effectiveness of fire prevention and fighting shall be determined by Prakas of Ministry of Interior.

Article6:                            

The Ministry of Interior in which General Commissariat of National Police plays as the Chief of Staff shall have competent authority to inspect storage, transportation, management, sale, use of inflammable and explosive substances, sources of fire and heat and implementation of the requirements and provisions on fire prevention and fighting.

Article7:

The Ministry of Interior shall cooperate with relevant ministries to inspect production, fabrication of inflammable and explosive substances.

Article8:

Every importation of equipment and materials for fire prevention and firefighting shall be permitted by the Ministry of Interior.

Forms and procedures for importation of equipment and materials for fire prevention and firefighting shall be determined by Prakas of the Ministry of Interior.


Chapter 3

Requirements and Provisions for Fire Prevention

Article9:

Occupants at producing target and/or storage of inflammable and explosive substances, sources of fire and heat shall comply with the following requirements and provisions:

-Their own internal regulation on fire prevention and firefighting shall be in place.

-There shall be in place a certification on the skilled training on fire prevention and firefighting as stated in Article 15 of Law on Fire Prevention and Firefighting.

-There shall be a mandatory team of fire prevention and firefighting that are well-trained on fire prevention and firefighting as stated in Article 19 of Law on Fire Prevention and Firefighting.

-Insurance shall be in place to insure victimized third party for an appropriate amount in accordance with the law and applicable regulations.

-Walls or partitions of building of fire and heat-resistive, non-combustible construction shall be composed on non-combustible materials.

-Storage of inflammable and explosive substances with quantity of more than 1,000 (one thousand) liters shall be buried underground properly in compliance with technical standards and equipment and materials shall be of good quality.

-Storage of inflammable and explosive substances with quantity of more than 10,000 (ten thousand) liters, the owner of target shall create exhaust system for the release of inflammable and explosive substances when the risk occurs.

-A dike shall be constructed to surround a large storage container of fuel on the ground properly.

-Fire alarm system; fuel dispersion and inflammable gas systems; a buried fuel tank and automatic fire prevention and firefighting systems shall be equipped to prevent leaking through fuel pipeline.

-There shall be equipped with automatic fire smoke and heat detectors, fire sprinklers, fire-extinguishers all any types, fire hydrant and emergency lighting systems.

-Exit/entry access for fire-engines, fire exits for rescue and evacuation, signs for not using lights and in order to prevent it from any risk.

-[Targets] shall, depending upon quantity of storage, be at least 100 meters away from downtown areas, hospitals, schools, markets, factories, enterprises and/or units of all kinds of Armed Forces.

-Direction signs for firefighting equipment and hydrants shall be in place and clearly visible so they shall be quickly accessible in case of emergency.

-There shall be a plan for fire prevention and firefighting at each target.

-There shall be a plan/design for rescue and evacuation in compliance with Sub-decree No167 ANK.BK, dated October 17, 2008 on Measures for Evacuation of the Public from the Scene.

-Smoking, burning rubbish, using lights and mobile phones or any object that reacts and ignites the fire shall be prohibited.

-No inflammable and explosive substances shall be transferred when it is raining.

-Households shall not be used as a depot/storage of inflammable and explosive substances.

-Equipment or cooling system shall be installed for keeping temperatures under 37°C and for keeping good environment.

Article10:

Every transportation of inflammable and explosive substances, the source of fire and source of heat shall comply with the following requirements and provisions:

-Transportation of inflammable and explosive substances loaded by trucks and railways shall be secured with earth-line mass to prevent them from fire or electronics, except for maritime transport.

-Docking/parking and transferring of inflammable and explosive substances loaded by railways and ships shall be secured with earth-line mass to prevent them from fire or electronics.

-A certificate shall be obtained for clarifying the quality and effectiveness of fire prevention and firefighting.

-Quality of containing fuel, inflammable gas, inflammable and explosive substances characterized as a container shall be strongly fixed to avoid barely touching which might cause an electric spark and source of heat to ignite fire.

-Transferring of inflammable and explosive substances, sources of fire and heat shall be inspected.

-Supervisor and driver of fuel transportation, inflammable gas, inflammable and explosive substances, sources of fire and heat shall be trained and certified on the skill of fire prevention and firefighting.

-Every transportation of inflammable and explosive substances, the source of fire and source of heat loaded on a non-improvised truck that is otherwise made for transporting inflammable and explosive substances shall be equipped with GPS system, equipment for firefighting, secured earth-line mass and labeling and a certificate from Department of Fire Prevention, Firefighting and Rescue Police.

-When docking/parking, all means of transportation shall be turned against the port/transfer place, stop engines, place pyramid-shaped poles as a warning or to cordon off and secured earth-line mass shall be linked from means of transportation to the ground to prevent them from fire.

-No transportation of fuel, gas, inflammable and explosive substances, and sources of fire and heat entering into the city shall be permitted during the day time and/or densely populated areas or at meeting places, state institutions or national and international ceremonies.

Article11:

Any occupant at every fuel and/or gas station shall comply with the following requirements and provisions:

-Their own internal regulation on fire prevention and firefighting shall be in place.

-A certificate of recognition of fire prevention and firefighting shall be obtained as stated in Article 19 of Law on Fire Prevention and Firefighting.

-Insurance shall be in place to insure victimized third party for value of no less than the value of the properties around the target.

-A certification on the skilled training on fire prevention and firefighting shall be obtained as stated in Article 15 of Law on Fire Prevention and Firefighting.

-There shall be a mandatory team for fire prevention and firefighting.

-Walls or partitions of building of fire and heat-resistive, non-combustible construction shall be composed using non-combustible materials and at least 3m in height.

-Each station shall install the fuel release system and/or inflammable gas when the risk occurs.

-A large storage container, fuel tank or inflammable gas shall be prepared properly in compliance with technical standards to avoid leaking and infiltrating fuel and the release of inflammable gas.

- Lightning, fire prevention and firefighting systems shall be installed.

-[Target] shall be away from hospitals, schools, military bases and other important targets of high risks depending on the quantity of storage.

-Direction signs on fire risk prevention shall be in place.

-Daily check shall be performed in order to restrain from leaking of fuel tanks or fuel pipelines and/or inflammable gas.

-Equipping of fire prevention and firefighting shall be determined by Prakas of the Ministry of Interior.

Article12:

A target occupant of retailing fuel and gas shall comply with the following requirements and provisions:

- Fuel reserved in bottles and fuel containers shall be less a total of 200 liters in quantity.

-A small tin can or gas container shall be less than 153 kilograms (or 300 liters) in quantity.

-Empty bottles or a sign indicating sale of fuel and inflammable gas shall be in place.

-[Fuel and/or inflammable gas] shall, with secured source of water, be kept in bottles and fuel containers that are strong and durable to prevent leaking and ensure fire resistance.

-Fire extinguishers and other equipment shall be equipped in preparation for possible fire incidences.

-Inflammable gas shall be kept in containers or small tin cans which are in good condition and of good quality and are resistant to heat.

-Fire shall not be used close to the location for selling fuel and inflammable gas.

-Fuel or inflammable gas shall not be sold or stored in the market and its complex.

-Households shall not be used as a storage of fuel and inflammable gas.

-Requirements, provisions and relevant measures shall be complied with in order to prevent and fight fire.

 

 

Article13:

Every production and fabrication location and/or storage of inflammable and explosive substances, sources of fire and heat where fire prevention and firefighting systems are due to change shall request a prior permission from the Ministry of Interior.


Chapter 4

Rights and Obligation of Police Officers and Relevant Competent Authorities for Firefighting

Article14:

In case of a fire incident, police officers and the relevant competent authority shall lead the order to fight fire:

-Cooperate with local authorities and other institutions to rescue animals’ and peoples' lives, and properties in a bid to protect security, public order at and around the scene.

-Cooperate with health units to take urgent measures to rescue fire victims from the scene.

-Determine the restricted zone, no entry and crossing to firefighting operational zone.

-Report on firefighting operations and findings of the cause of fire incident. In a case concerning with criminal offenses, Firefighting and Prevention Police serving as Justice Police shall file a complaint to the Municipal/Provincial prosecutor.

-Put an end to the restricted zone, no entry and crossing to firefighting operational zone.

Article15:                                                                                                    

During firefighting operation, the Firefighting and Prevention Police shall be eligible to:

-Enter a place where fire occurs and dispose of or remove any equipment and materials that block the way, dismantle or break down a part or entire building to contain the fire.

-Utilize equipment at the scene when necessary to extinguish the fire.

-Remove combustible materials, inflammable and explosive substances at the spot.

-Cooperate with state or private water supply units or use sources of water inside and outside firefighting operation zone.

-Switch off or disconnect electricity and stop supplying inflammable gas, fuel, inflammable and explosive substances when fire occurs.

-Cordon off the scene and coordinate the traffic at the scene.

-Control and command fire operators present at the scene.

-Take necessary and appropriate measures to rescue animals’ and peoples' lives, state and private properties and public order.

Article16:

Fire Prevention and Firefighting Police Officers shall request private companies or other units which have fire-engines to intervene where necessary.

Article17:

Police officers, relevant competent authority and/or anyone who sacrifices his/her life or is injured or has his/her health affected or becomes paralyzed for life in the firefighting operation shall be awarded and treated from the state as stated in Article 24 and 25 of Law on fire prevention and firefighting.


Chapter 5

Penalties

Article18:

Fire Prevention and Firefighting Police shall have competent authority to inspect, give a written warning and transaction fine to production and storage targets of inflammable, explosive and sources of fire or heat which are not compliant with the requirements and prevention measures for fire prevention and firefighting as stated in this Sub-Decree.

Forms for transaction fine and income management shall be determined by an inter-ministerial Prakas issued by Minister of Interior, and Minister of Economy and Finance.

Procedures for distribution of money received from the court's decision with regard to any offense shall be determined an inter-ministerial Prakas issued by Minister of Interior, Minister of Economy and Finance, and Minister of Justice.

Article19:

Legal entities and individuals responsible for storage target of inflammable and explosive substances, sources of fire and heat who fail to comply with provisions of Article 9 Chapter 3 on the Requirements and Provisions for Fire Prevention and Firefighting of this Sub-Decree shall:

-be warned in writing;

-In the case of defiance to the warning, [(s)he] shall a receive transaction fine of no more than10,000,000 (ten million) Riel;

-If still defiant, [the owner] shall be sued to the court for provisional suspension of business.

Article20:

A supervisor for transportation of inflammable and explosive substances who do not comply with provisions of Article 9 Chapter 3 on the Requirements and Provisions for Fire Prevention and Firefighting of this Sub-Decree shall:

-be warned in writing;

-In the case of defiance to the warning, [(s)he] shall receive a transaction fine of no more than 4,000,000 (four million) Riel;

-If still defiant, [the owner] shall be sued to the court for provisional suspension of business.

Article21:

      An occupant/owner of fuel station, inflammable and explosive substances who fail to comply with provisions of Article 9 Chapter 3 on the Requirements and Provisions for Fire Prevention and Firefighting of this Sub-Decree shall:

-be warned in writing;

-In the case of defiance to the warning,[(s)he] shall receive a transaction fine of no more than 10,000,000 (ten million) Riel;

--If still defiant, [the occupant/owner] shall be sued to the court for provisional suspension of business.

Article22:

A businessperson who retails fuel inflammable and explosive substances and fail to comply with provisions of Article 9 Chapter 3 on Requirements and Provisions for Fire Prevention and Firefighting of this Sub-Decree shall:

-be warned in writing;

-In the case of defiance to the warning, [(s)he] shall receive a transaction fine of no more than 1,000,000 (one million) Riel.

Article23:

Apart from transaction fine determined in this sub-Decree, legal entity and individuals who commit an offense related to the cause of fire or any obstruction to fire prevention and firefighting shall be punishable under the Law on Fire Prevention and Firefighting and the Criminal Code. 

 

Chapter 6

Inter-Provisions

Article24:

The Ministry of Interior shall cooperate with national and international partners to inspect and implement fire prevention and firefighting to reduce fire risk and possible destruction of state and private properties.

Article25:

Within 24 months after this sub-decree enters into force, legal entity and individuals who produce, fabricate, store, transport, govern business, inflammable, explosive substances and sources of fire and heat shall fill a form to request a certificate of quality and effectiveness of fire prevention and firefighting and make corrections in compliance with requirements and provisions for fire prevention and firefighting as states in this sub-decree.


Chapter 7

Final Provisions

Article26:

Any provision contrary to this law shall be abrogated.

Article27:

Minister of Council Ministers, Minister of Interior, Minister of Economy and Finance, all Ministers, Secretariats, Directors of relevant institutions and Municipal/Provincial Governors shall implement this sub-decree with respective duties from the date when it is signed.

                                                                             

                               

Phnom Penh, August 18, 2017

Prime Minister

                                                                     Samdech Aka Moha Sena Padei Techo Hun Sen