FIRE PREVENTION AND FIREFIGHTING NS/RD/0613/007

2019-08-27 16:10:54

ROYAL DECREE

NS/RD/0613/007

I, the undersigned,

Preah Karuna Preah Bat Samdec Preah Borom Neat Norodom SIHAM ONI, the faithful and devoted servant of the country, region, nation and the Khmer people; the protégé of Buddha and Indra; the unifier of all Khmer; and the defender of the independence, territorial integrity and peace of Kampuchea; and the happiness, liberty and the prosperity of the Khmer people, Preah Chau Krong Kampuchea Thipadei.

 

-        Having seen the Constitution of the Kingdom of Cambodia;

-        Having seen the Royal Decree No. NS/RD/0908/1055, dated September 25, 2008 on the Appointment of the Royal Government of the Kingdom of Cambodia;

-        Having seen the Royal Kram No. 02/NS/94, dated July 20, 1995 promulgating the law on the Organization and Functioning of the Council of Ministers;

-        Having seen the Royal Kram No. NS/RK/0196/08, dated January 24, 1996 promulgating the law on Establishment of the Ministry of Interior;

-        Having seen the request from Samdec Akak Moha Padei Techo HUN SEN, Prime Minister of the Kingdom of Cambodia;

 

PROMULGATE

The Law on Fire Prevention and Firefighting which the National Assembly adopted on May 7, 2013 on the 9th session of the National Assembly Meeting of the 4th legislative mandate, and of which the Senate completely agreed to these formalities and legalities without any change on May 17, 2013 on the Extraordinary General Meeting Session of the 3rd legislative mandate, with complete contents as follows:


LAW

ON

FIRE PREVENTION AND FIREFIGHTING

Chapter 1

General Provisions

Article 1

The purpose of this law is to promote fire prevention and firefighting, with the aim to protect lives, properties, environment, security, public order and social safety.

Article 2

The goal of this law is to determine the responsibilities for everyone on conditions and measures for fire prevention and firefighting.

Article 3

The scope of this law covers activities of fire prevention and firefighting in the Kingdom of Cambodia.

Article 4

The key terms used in this law shall have the following meaning:

    -Fire refers to a case of uncontrollable fire occurrence which might be harmful to life, property and environment.

   -Fire prevention refers to the arrangements for the implementation of conditions and measures to prevent possible fire occurrence.

   -Fire Safety System refers to the equipping of technical equipment inside and/or outside targets and other measures for fire prevention, firefighting and rescue.

   -Means refers to vehicles, equipment, materials and facilities used in fire prevention and firefighting.

   -Flammable and explosive place refers to a place where flammable and explosive substances are stored and used.

   -Flammable and explosive substances refers to liquid, solid, gas, chemical, goods and flammable and explosive raw materials.

   -Firefighting refers to firefighting and prevention from spreading by using manpower and methods of firefighting and other means.

   -Firefighting area refers to a place where fire is occurring and competent authorities are operating firefighting.

   -Firefighting target refers to various places and means of transports where fire may occur.

Article 5

Any action which leads to fire is prohibited.

Article 6

Those who live in the Kingdom of Cambodia shall be obliged to engage in fire prevention and firefighting.


Chapter 2

Competent Authority

Article 7

The Ministry of Interior shall have the competency to request and issue principles and measures for vocational training on fire prevention and firefighting.

Article 8

The target occupant shall be directly responsible for fire prevention and firefighting operation.

Fire prevention and firefighting police units shall respond upon request or intervene urgently to a place where fire occurs.

Conditions and measures for fire prevention and firefighting at residential homes shall be determined by Prakas of the Ministry of Interior.

Article 9

Fire prevention and firefighting operation, inspection, certification of fire safety system at target, temporary suspension of activities at targets or any activities that do not meet the conditions, and measures for fire prevention and firefighting, on-the-scene investigation, forensic examination of the fire shall be the competency of the Ministry of Interior where the General Commissariat of National Police serves as the Chief of Staff.

Article 10

The target occupant shall participate in rescuing and firefighting near their own target, except within military bases or secret targets related to national security, or embassy, consulate, foreign or international representative organizations where request for help is needed.

Article 11

All targets and media shall have in place educational and promotional programs to raise the awareness of fire prevention and firefighting.

Article 12

Firefighting cooperation and/or request for help with firefighting with other countries and international organizations shall be the competency of the Government where the Ministry of Interior serves as the Chief of Staff.

Article 13

February 22 every year of calendar shall be set as the National Firefighting’s Day.


Chapter 3

Fire Prevention

Article 14

Storage, transportation, management, sale, use of inflammable and explosive substances, sources of heat which might cause a fire shall be in compliance with conditions and measures for fire prevention and firefighting as set forth by a Sub-decree requested by the Minister of Interior following agreement with relevant specialized authorities.

Article 15

Producers, traders, and transporters of fuel, inflammable and explosive substances shall obtain certification of training on fire prevention and firefighting skill. Such training on fire prevention and firefighting and certification thereof shall be determined by Prakas of the Minister of Interior.

Article 16

Retailing fuel or inflammable gas by citizens to support their daily living shall be in compliance with conditions and measures for fire prevention and firefighting as stated in Article 14 of this law.

Article 17

Targets for storage, oil production and refinery, fabrication of inflammable and explosive substances shall be located where it is safe and does not pose risks to densely populated areas. Those targets that are already approved shall comply with conditions and measures for fire prevention and firefighting as stated in Article 14 of this law.

Article 18

In densely populated areas, there shall be a master plan maintained at the Fire Prevention and Firefighting Police unit.

A plan for fire prevention and firefighting must be in place prior to commencing a construction.

Construction and target classifications where fire safety system is required shall be determined upon the request by Minister of Interior and Minister of Land Management, Urban Planning and Construction.

Article 19

Inspection and a certification issuance on effectiveness and quality of fire prevention and firefighting system at targets shall be carried out every two year. The owner of the target may request such an inspection before the due date.

Forms and procedures on inspection of effectiveness and quality of fire safety system shall be determined by Prakas of the Minister of Interior.

Article 20

For every organization of large ceremonies where crowds of people gather together, organizers or managers or responsible persons shall cooperate with Fire Prevention and Firefighting Police units to plan fire prevention and firefighting and evacuation in case of fire occurrence.


Chapter 4

Firefighting

Article 21

In the case of fire occurrence, the officer leading fire prevention and firefighting police shall have the authorization to:

      - zone the firefighting operation and prohibited area where no entry, exit nor crossing is permitted; to cooperate and to preserve security and public order.

      - mobilizing people aged from 18 years or above to work in various means to rescue lives, properties and assist firefighting.

Article 22

When fire occurs, the officer leading fire prevention and firefighting police shall take all possible measures to extinguish the fire, with the intent to urgently rescue lives and properties.

Article 23

Individuals receiving information related to a fire or seeing it happening or about to happen shall urgently report to the nearest competent authority or Fire Prevention and Firefighting Police to take a timely measure.

When fire occurs and during the absence of Fire Prevention and Firefighting Police, the target occupants or local competent authority therein shall take urgent measures to rescue lives, properties and extinguish the fire.

Ministries, institutions and other relevant authorities, upon request for intervention, shall respond immediately.


Chapter 5

Support

Article 24

Any Police officer or anyone who sacrifice his/her life or is injured, having his/her health affected or become permanently paralyzed in a firefighting operation shall be awarded and receive free treatment from the State.

Any compensation for damage to property as stated in Article 21 and 22 of this law shall be under the State’s burden.

Article 25

The State shall be responsible for dealing with shelter, temporary residence and social livelihood for fire victims.

Article 26

The State shall encourage donors, national and international organizations to provide support to fire victims.


Chapter 6

Penalties

Article 27

Any competent firefighting officer who are irresponsible, fails to fulfill its firefighting duties or do it improperly causing serious damage to properties belonging to other people shall be liable to imprisonment from 6 (six) months to 2 (two) years and a fine from 1,000,000 (one million) Riel to 4,000,000 (four million) Riel.

Article 28

Any action  intentionally to obstruct firefighting causing serious damage to properties shall be liable to imprisonment from 2 (two) to 5 (five) years and a fine from 4,000,000 (four million) Riel to 10,000,000 (ten million) Riel.

Article 29

Provision or revelation of false information with the intent to cause a misbelief that a fire is about to happen or it has happened shall be liable to imprisonment from 1 (one) to 2 (two) years and a fine from 2,000,000 (two million) Riel to 4,000,000 (four million) Riel.

Article 30

A legal entity shall be pronounced liable for criminal offense pursuant to conditions stated in Article 42 (Criminal Responsibility of Legal Entities) of the Criminal Code for an act of sabotaging or damaging other people’s properties arising from a fire provided that such an act was committed by:

      - negligence, carelessness or default.

      - violating the obligation of security and due diligence as required by law.

The legal entity shall be liable to a fine from 5,000,000 (five million) Riel to 20,000,000 (twenty million) Riel as well as one or more penalties as stated in Article 209 (Criminal Responsibility of Legal Entities) of the Criminal Code.

Article 31

In addition to the offenses as stated in this law, any act of criminal offense shall be punishable under applicable law.


Chapter 7

Transitional Provision

Article 32

Provisions as stated in Article 8 and from Article 14 to 19 shall be enforceable 1 (one) year after this law comes into effect.


Chapter 8

Final Provision

Article 33

Any provision contrary to this law shall be abrogated.