Appeal against fire safety inspection commissions

It is probably no secret that fire inspections at an enterprise are among the most unpleasant in terms of possible fines, administrative liability, and suspension of the enterprise's operations - in whole or in part.

In order for the inspection to go off without a hitch, you need to know the powers of the inspectors, as well as your own rights and obligations. It is even better to have the control carried out in the presence of a lawyer of the law firm "RegService".

Today, the State Emergency Service of Ukraine (SES) supervises compliance with fire safety rules by enterprises. The purpose of the audits is to monitor compliance with fire and industrial safety legislation by businesses, to detect violations and prevent emergencies, and to protect human life and health.

Before considering the possibility of challenging a fire safety inspection, you should carefully read the rules for conducting it.

Rules for conducting a fire safety inspection at an enterprise

Inspections can be scheduled and unscheduled. They are carried out at the location of business entities during business hours in the presence of the head of the enterprise, his deputy or legal representative.

During the inspection, the business entity is obliged to:

• Allow unimpeded access to the territory of the enterprise, premises, buildings, and equipment by the SES employees;
• Provide the inspectors with documents, product samples, certificates, information on issues arising during the inspection.

In turn, representatives of the SES must present:

• A certificate authorizing the inspection;
• Service certificates.

The company's management must be notified of a scheduled inspection no later than 10 days in advance, while an unscheduled inspection is not notified in advance.

Drawing up the results of the inspection

In case of violations, firefighters draw up an act in duplicate, which is signed by the inspector and the entrepreneur. If the report is not signed, it is sent to the business entity by registered mail with acknowledgment of receipt. If there are no violations, a report is drawn up.

Based on the report, firefighters may issue resolutions to correct violations; control over their implementation rests with the issuing SES authority.

Liability for violations

According to Ukrainian law, for violations of safety standards, company officials are held administratively liable with sanctions in the form of warnings and fines; in the event of a fire, they are held criminally liable.

What to do if you disagree with the results of the inspection

In case of disagreement with the act, the official of the business entity should not ignore its signing, the document should be signed with an appeal. Explanations and comments should be prepared in writing and attached to the inspection report. In order to avoid additions on your behalf, mark empty spaces with a "Z".

An appeal against a fire safety inspection is possible with a superior state fire supervision authority to the one that conducted the inspection or in court.

The appeal should be approached responsibly and carefully. The best option, which will significantly increase the client's chances of winning the dispute, is to seek the assistance of the lawyers of RegService. Experienced professionals who have repeatedly faced similar issues in their practice and know all the nuances of the law will help you resolve the case in the best way for you. Call us or sign up for a consultation using the feedback form. We will always be happy to help you!

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