Permission from fire safety authorities

 YOUR GOAL

Fire safety is regulated by a vast number of regulatory documents. As an entrepreneur without specialized training, and sometimes even with such training, you may find it quite difficult to independently:

• understand the requirements of the fire safety authorities;
• save time and money when obtaining a permit;
• gain a thorough understanding of the inspection and assessment procedures;
• obtain clear information about your rights and obligations;
• know how to act during inspections conducted by the fire safety authorities;
• successfully defend your rights in disputes with these authorities.

If you have already made a final decision about the business idea you intend to bring to life and have begun addressing the issues that arise during the preparatory stage, you will certainly need the legal service of obtaining a “Fire Safety Permit”.

 OUR PROPOSAL

Before commencing your business activities, you are required to obtain a permit to commence operations from the fire safety authorities. Under the law, there are two ways to obtain such a permit:

• by completing the procedure for obtaining a permit to commence operations;
• by submitting a declaration confirming that your premises and/or equipment comply with fire safety legislation.

To help you choose the correct procedure, make an informed decision, and obtain your permit to commence operations without difficulty, you can rely on the highly qualified specialists of our “EuroVector” company.

We offer the following services:

• preparing the application or declaration;
• collecting the complete set of required documents and duly submitting them to the fire safety authorities for processing;
• drawing on our extensive experience in this field to recommend the most cost-effective solutions to any issues that may arise during the fire safety assessment of your premises and/or equipment;
• providing legal oversight of your application process, ensuring that you receive the expert assessment report and the permit to commence operations within the shortest possible time and without significant additional expenses.

 MORE DETAILS:

A fire safety permit must be obtained by businesses that:

• are just starting their business activities (this applies to all new businesses classified as explosive or fire-hazardous facilities, facilities where large numbers of people may be present simultaneously, as well as companies operating on the premises of such facilities);
• are introducing innovative technologies;
• use potentially fire-hazardous equipment in their production processes or manufacture products that may pose a fire hazard;
• are commissioning new or reconstructed residential, industrial, or other facilities;
• use premises under a lease agreement.

A permit is not required if a business:

• commissions facilities (whether new or reconstructed) that have already been approved by the state acceptance commission;
• leases premises for which the owner has already obtained the required permit;
• leases retail spaces, kiosks, or containers located in markets in accordance with a layout approved by the fire safety authorities;
• falls into a category of businesses subject to the declarative principle.

To obtain a permit for your business to commence operations or to lease premises, you must:

• carefully study and strictly comply with fire safety requirements;
• submit the required documents to the fire safety authorities.

To familiarize yourself with fire safety requirements, you can study the relevant regulations, review specialized websites, or seek professional assistance from an independent expert.

Permit Issuance Timeframe and Validity Period.

The fire safety authorities usually make a decision to issue or refuse a permit within five business days from the date the documents are submitted.

In most cases, permits are issued for an indefinite period, except where certain minor fire safety violations are identified that do not pose a fire hazard and, in the event of a fire, do not impede firefighting or the evacuation of people. In such circumstances, a permit with a limited validity period is issued.

Where minor violations of certain fire safety rules are identified (excluding violations that could cause a fire or obstruct firefighting or the evacuation of people), permits are issued for the following periods: up to 5 years by the central state fire safety authority, up to 3 years by regional authorities, and up to 2 years by local authorities.

The Declarative Principle and Its Application

The declarative principle means that a business does not need to obtain a permit before commencing operations. Instead, it is only required to notify the licensing authority (in this case, the fire safety authority) that its facilities, equipment, and technical resources fully comply with fire safety requirements.

A business that owns or leases premises is entitled to commence operations under the declarative principle provided that it has entered into a civil liability insurance agreement (i.e., third-party liability insurance).

The declarative principle applies in the following cases:

• where the intended use of the facilities or leased premises remains unchanged and no alterations to their layout are carried out (excluding potentially hazardous facilities);
• where the facilities are not classified as explosive or fire-hazardous, are not facilities where large numbers of people may potentially be present, and are not located within or on the premises of such facilities.

The declaration confirming that your facility complies with fire safety requirements must be submitted in two copies to the relevant fire safety authority, either directly or through the administrator of the Unified Permit Center. Within one business day of receiving the declaration, the licensing authorities must register it and send the registered copy back to the business.

Registration may be refused if the information provided in the declaration does not comply with the applicable legal requirements.

Once the identified discrepancies or deficiencies have been remedied, the business may resubmit the declaration or apply for a permit under the standard procedure.

 IMPORTANT

You should consult an expert or familiarize yourself with fire safety regulations before signing a lease agreement or commencing renovation or construction work on the premises. A preliminary consultation will save your business time and money by helping you avoid potential costs associated with additional equipment or modifications. In the case of leased premises, it will also help you allocate fire safety responsibilities between yourself and the property owner.

An inspection conducted by the state fire safety authority is treated as a scheduled inspection. Therefore, no further scheduled inspections by the fire safety authorities should be conducted at a business during the year in which such an inspection has taken place.

Currently, inspections carried out by state fire safety inspectors are subject to a fee.

If violations are identified during the inspection, you will need to:

• enter into third-party civil liability insurance covering potential damages for the period until the fire safety violations have been remedied;
• prepare an action plan for remedying the identified fire safety violations, specifying concrete implementation deadlines.

Make sure that all documents submitted to the fire safety authority (the application, expert report, and copy of the lease agreement) are registered in a special logbook, the form of which is approved by the Ministry of Internal Affairs of Ukraine.

 PRICE

For more detailed information and a quotation for our legal services, please contact the specialists of the “EUROVECTOR” Law Firm for a consultation. 

 OUR GUARANTEES

EUROVECTOR LAW FIRM has been providing services to individuals and legal entities since 2008. We have developed our company and earned the trust and respect of our clients by adhering to a philosophy built on four fundamental principles: competence, confidence, legality, and reliability. Clients who receive our services experience these four principles as guarantees and choose us as reliable partners and trusted advisers in achieving their goals. However, every new client, just like us, has a goal!

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EUROVECTOR LAW FIRM