NEW FIRE SAFETY RULES

Given that, in Romania, fires are the most frequent type of risk that can cause emergency situations, the Government passed Decision no. 915, published in the Official Journal no. 824 of 4.11.2015. By this Decision, the Executive clearly defined situations in which the authorities can order the closing of premises that do not comply with fire safety rules. Furthermore, the Government passed Emergency Ordinance no. 52, published in the Official Journal no. 828 of 5.11.2015, pursuant to which authorities can seal such premises.

CRITERIA FOR CLOSING. TO WHOM DO THEY APPLY ?

In accordance with Government Decision no. 915 of 4.11.2015, the criteria based on which the closing of the premises can be ordered apply to commercial buildings/spaces (bars, clubs, discos, restaurants, commercial centers, stores and supermarkets), cultural buildings/spaces (theaters, cinemas, multipurpose halls, show venues etc., destined or open to the public), as well as to touristic buildings/spaces (hotels, motels, hostels, touristic guesthouses, touristic chalets).

The new provisions are applicable to buildings/establishments with a developed surface of over 200 m2, whether such spaces have a fire safety permit or not.

WHEN CAN THE CLOSING OF PREMISES BE ORDERED ?

For commercial, cultural or touristic buildings/establishments that have a fire safety permit, the cessation of their operation/use is ordered in any of the following situations:

• If the number of users for which the fire safety permit was issued is exceeded by more than 10%;


• If the number of aboveground levels is exceeded compared to the reference value allowed for buildings with a 5th degree fire stability/fire resistance;


• If an evacuation route is put out of service when, according to the specific technical regulations, two or more evacuation routes are necessary, in compliance with the reference value;


• If the height/width of the evacuation routes is reduced, by construction elements, by more than 25% of the reference value, if such deficiency cannot be eliminated during the inspection;


• If the firefighting or fire detection, signaling and warning installations / systems are put out of service;


• If the smoke exhaust installations / systems or evacuation security lighting installations are put out of service.

For commercial, cultural or touristic buildings/establishments that do not have a fire safety permit, the cessation of their operation/use is ordered in any of the following situations:

• If the maximum number of users for bars, clubs, discos and restaurants is exceeded by more than 10% of the reference value;


• If the number of aboveground levels is exceeded compared to the reference value allowed for buildings with a 5th degree fire stability/fire resistance;


• If the minimum number of evacuation routes is not insured, compared to the reference value;


• If the height/width of the evacuation routes is reduced, by construction elements, by more than 25% of the reference value, if such deficiency cannot be eliminated during the inspection;


• If the premises are not equipped with firefighting or fire detection, signaling and warning installations / systems, compared to the reference value;


• If the premises are not equipped with smoke exhaust installations / systems or evacuation security lighting installations, in accordance with the reference value;


• If, for some building or establishment categories, the date of the technical documentation for the approval of the construction works or the moment when such buildings or establishments were put into operation cannot be identified.

In accordance with the law mentioned above, the operation/use of the premises will be stopped until the fire safety permit is obtained. Furthermore, if the number of users for which the fire safety permit was issued is exceeded, the operation / use will be stopped for 60 days from the communication of the offence notice.

WHEN CAN ESTABLISHMENTS BE SEALED ?

In accordance with Emergency Ordinance no. 52 of 5.11.2015, if fire safety rules are not observed, the personnel of the Emergency Situations Inspectorate (ISU) can seal the buildings or establishments owned by companies. Until the said Ordinance was passed, ISU could only order the cessation of activity/use.