[Law] Law on Fire Prevention and Fire Fighting
Kingdom of Cambodia
Nation Religion King
Law on Fire Prevention and Fire Fighting 2013
NS/RKM/0613/007
KRAM
We,
His Majesty Preah Bat Samdech Preah Boromneat Norodom Sihamoni The King of the Kingdom of Cambodia
- Having seen the constitution of the Kingdom of Cambodia
- Having seen the Royal Decree No. NS/RKT/0908/1055 dated September 25, 2008 on the appointment of the Royal Government of Cambodia
- Having seen Royal Kram No. 02/NS/94 dated July 20, 1994 promulgate the law on the organization and functioning of the Council of Ministers
- Having seen the Royal Kram No. NS/RKM/0196/08 dated January 24, 1996 promulgate the law on the establishment of Ministry of Interior
- Having seen the message from Samdech Akakmorhasenabakdi Techor Hun Sen, Prime Minister of Cambodia and Minister of Ministry of Interior
Promulgated
Law on Fire Prevention and Fire-Fighting, which was approved by the National Assembly on May 07, 2013 on 9th Assembly Summit, Sesssion 4th and the Senate has agreed on legal forms without any modification on May 17, 2013 at the General Meeting, Session 3rd, with the details as follows:
Law on Fire Prevention and Fire Fighting
General Provisions
Article 1
The law aims to promote the prevention and firefighting to protect life, property, environment, social security, public order, and social safety.
Article 2
The goal of this law is to determine the responsibility of everyone and the conditions, measures to prevent and extinguish the fire.
Article 3
Scope of this law is to cover all activities on fire prevention and firefighting in Kingdom of Cambodia.
Article 4
Key words used in this law has definition as in following:
- Fire: refers to case where there is an uncontrolled fire causes disaster on life, property, and environment.
- Fire prevention: refers to the practice of conditions and measures to ensure safety and not allow the fire to occur.
- Prevention system and firefighting: refers to equipment of tools, techniques internal and/or external target and the measures to prevent firefighting and rescue.
- Device: refers to vehicle, equipment, tools used for fire prevention and fire fighting.
- Flammable or easy explosive place: refers to places stock the flammable or easy explosive substances.
- Flammable or easily explosive substance: refers to liquid, solid, gas, chemical substances, goods, raw material that are flammable and easy to get exploded.
- Fire fighting: refers to extinguishing the fire and prevent spread using time, fire fighting device, and all other measures.
- Extinguishing area: refers to a place where there is fire or in risk of fire on which authority prepare the fire fighting operation.
- Destination: refers to those locations and transportation, which are in risk of fire.
Article 5
Any action that may cause a fire is prohibited.
Article 6
Everyone who lives in Kingdom of Cambodia have a duty to fully participate in fire prevention and fire fighting.
Capacity
Article 7
Ministry of Interior has the authority to request and set the principle, measures, and training on fire prevention and fire fighting skills.
Article 8
Person in charge of each destination must directly responsible for prevention and fire fighting operation.
Unit of fire prevention police and firefighters are to respond on request or intervention immediately to all locations where fire occurred.
Conditions and measures on prevention and fire fighting at destination and the fire prevention in each home is to be determined by the Prakas of Ministers of Ministry of Interior.
Article 9
Ministry of Interior through General Police Commissioner has the authority for prevention and fire fighting operation, checking, acknowledge the prevention system at destination, confirm to suspend activities temporary at destinations or activities lack of conditions and measures on prevention and fire fighting, check, investigate, and autopsy.
Article 10
Person in charge of each destination must participate in rescue and fire fighting which happen at nearby target destination except military bases or confidentiality regarding national security or embassy consulate, representative residences or representatives of international organization who have asked for help.
Article 11
All target destination and all media need to have dissemination program to raise awareness and prevention and fire fighting measures.
Article 12
Cooperation to help extinguish fire and/or request for fire fighting support from other countries and internal organizations is the competence of Royal Government of Cambodia through Ministry of Interior.
Article 13
22 February each year is defined as a day to celebrate National Day of Fire Prevention and Fire Fighting.
Fire Prevention
Article 14
Storage, transportation, management, sales, use of easily flammable and explosive substances, fire source, heat source, which can cause a fire must follow the conditions and measures to ensure prevention and fire fighting as determined by Royal Decree requested by Minster of Ministry of Interior and approved by relevant authorities.
Article 15
Producers, traders, transporters of petroleum, flammable, or easily explosive substances must have certificates of training in fire prevention and fire fighting. Training on fire prevention and fire fighting skills and certificates are determined by the Prakas of Minister of Ministry of Interior.
Article 16
The deployment of fuel or gas by citizens in everyday living must abide by the conditions and measures on fire prevention and fire fighting as stated in Article 14 of this law.
Article 17
Stock location for producing fuel or recycling flammable or easily explosive substances need to be located in the place that guarantee no risk for its surroundings. Any target destination, which already has permission, must abide the conditions and measures on fire prevention and fire fighting as stated in Article 14 of this law.
Article 18
Every town should have a plan to keep at Unit of fire prevention police and firefighters. All construction must ensure to have prevention and fire fighting system plan before construction start.
Construction category and locations that required to have prevention and fire fighting system plan is determined by Sub Decree as requested by Ministers of Ministry of Interior and Minister of Ministry of Land Management, Urban Planning and Construction.
Article 19
Inspection and issue of certification on quality, effectiveness of prevention and fire fighting system to locations is made for a period of 2 years. If necessary the owner of location can request for a review before expiration of the certificate.
The form and procedure of inspection, qualification certificate, effectiveness of prevention and fire fighting system are determined by Prakas of Minister of Ministry of Interior.
Article 20
All major ceremony which gathers many people, organizer or manager or responsible person must cooperate with Unit of fire prevention police and firefighters to prepare a plan on prevention and fire fighting, and rescue people in case of fire occur.
Firefighting
Article 21
In case of fire, officer in charge of fire police have the right to:
- Set the firefighting operation area and restricted access and cooperate to protect security, and public order.
- Collect people over the age of 18 years and other methods to rescue lives, property and extinguish fire.
Article 22
When fire occurred, officer in charge of fire police must use all measures to extinguish fire to rescue lives and property immediately.
Article 23
Any person who has information about fir or have seen fire occur or likely to occur, must immediately notify the authorities or fire police nearby to set measures to resolve soon.
When fire occurred and no fire police present, responsible person at each destination or authorities must take action immediately to rescue lives and property, and extinguish fire.
Ministry, institution, and relevant authorities must respond immediately upon getting request for intervention.
Chapter 5 Protection
Article 24
Fire prevention and fire fighting police or those who sacrificed their lives or injured affect their health or disability in fire fighting operation, the state needs to responsible for compensation, fame giving, and provide free treatment.
All compensation of property damage as stated in Article 21 and Article 22 of this law are the responsibility of the state.
Article 25
The state must resolve for place of temporary shelter and resolve social living for victims of the fire.
Article 26
The state encourages donors, national and international organization to support the relief of victims of the fire.
Chapter 6 Additional Regulation
Article 27
Fire officer who lacks of responsibility, do not fulfill duty or fulfill duty improperly in fire fighting causes severe damage to property of other were sentenced to imprisonment of 6 (six) months to 2 (two) years and a fine of 1,000,000 (one million) Riels to 4,000,000 (4 million) Riels.
Article 28
Actions prevented, make obstacles with intention to fire fighting activities cause severe damage to property were sentenced to imprisonment of 2 (two) years to 5 (five) years and a fine of 4,000,000 (four million) Riels to 10,000,000 (ten million) Riels.
Article 29
Actions provide fake information or reveal fake information to make believe that fire will occur or occurred were sentenced to imprisonment of 1 (one) year to 2 (two) years and a fine of 2,000,000 (two million) Riels to 4,000,000 (four million) Riels.
Article 30
Legal entities can be declared to be responsible for criminal according to conditions set out in Article 42 (criminal liability of legal entities) of the Penal Code for acts sabotage makes disrepair or damage property of others by the power of fire if this action caused by:
- Negligence, reckless, or negligent
- The breach of security obligations or duties of care which required by the law
Legal entities were sentenced to a fine of 5,000,000 (five million) riels to 20,000,000 (twenty million) Riels or more additional sentence as provided in Article 209 (criminal liability of legal entities) of the Criminal Code.
Article 31
Besides the offense provided for this law the offense are punished under criminal law.
Chapter 7 Transitional Provisions
Article 32
Provisions as stated in Article 8 and from Article 14 to Article 19 be applied within 1 (one) year after this law took effect.
Chapter 8 Final Provisions
Article 33
All provisions contrary to this law are repealed.
Royal Palace 03 June 2013
Signature
PRL.1306.579
Norodom Sihamoni
Have taken the document to His Majesty for signature
Signature Prime Minister
Samdech Akakmorhasenabakdi Techor Hun Sen
Have taken the document to Samdech Akakmorhasenabakdi Techor Hun Sen, Prime Minister of Cambodia
Signature Deputy Prime Minister and Minister of Ministry of Interior
Sor Kheng
No: 566 SN
Document for Dissemination
Phnom Penh 06 June 2013
First Secretary General of Royal Government of Cambodia
Soy Sokha