Challenging Fire Safety Inspection Commissions

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As of today, in Ukraine the authority to check compliance with fire safety requirements at an enterprise belongs to the State Service for Emergency Situations (SSES).

The norms of such inspections are set forth in the Code of Civil Protection of Ukraine, the Law on Basic Principles of State Supervision (Control) in the Sphere of Economic Activity, the Cabinet of Ministers Resolution No. 306 on the criteria by which the degree of risk is assessed in the course of economic activity, the frequency of scheduled activities of the State Supervision in the sphere of technogenic and fire safety, the order of the Ministry of Internal Affairs No. 1337 on inspections of compliance by business entities with the requirements of laws in the sphere of civil protection, technogenic and fire safety.

Fire safety inspections at the enterprise may be scheduled and unscheduled, their purpose is to control the compliance of economic entities with the legislative norms in the field of civil protection, fire and technogenic safety, protection of life and health of people, detection of violations and prevention of emergencies.

Inspections are necessarily conducted at the location of the subject during working hours in the presence of the head, his deputy or other authorized person. The company must be notified of a scheduled inspection 10 days in advance, while unscheduled inspections are not reported at all.

Representatives of the State Emergency Situations Service before the inspection are required to present:

• service IDs;
• Certificates of authorization to carry out the inspection.

In turn, representatives of the inspected enterprise are obliged to:

• allow the inspectors to enter the territory of the economic entity, as well as buildings, premises, equipment;
• provide a list of documents requested by the representatives of the State Emergency Service. Such documents may be: declaration of compliance of material and technical base with fire safety standards; order on appointment of persons responsible for fire safety; instruction on the establishment of fire regime at the facility and others.

Formalization of the results of the inspection

According to the results of the inspection, if there are no violations, the controlling authorities draw up a report. On its basis, the head of the body of the State Emergency Situations Service notifies the business entity in a letter about the absence of violations. Otherwise, an act is drawn up, which must be signed by an authorized person of the enterprise and a representative of the regulatory authorities. On the basis of the act, a prescription for the elimination of violations can be formulated and appropriate deadlines set.

Disagreement with the results and challenging the fire safety inspection

Even if you do not agree with the results of the inspection, you still have to sign the act. In this case, you should sign the act with objections. Explanations, comments and objections are recommended to be put in writing and attached to the act of inspection. When signing the act in blank spaces to avoid possible additions, mark "Z".

If the act is not signed, its copy is sent to the company by letter. Administrative liability in the form of warnings or fines is incurred for the detected violations. For violations resulting in fire, criminal liability is threatened.

The results of the inspection can be appealed to a higher authority or a court.

If you need to put your documents in order before the fire safety inspection, or if you wish to challenge the results of the fire safety inspection, please contact the specialists of Legal Solutions. We are always ready to advise on complex issues and provide high-quality legal assistance.

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