Law n° 2009-11 dated 2 March 2009, promulgating the code of security and prevention of the hazards of fire, explosion and panic in the buildings.
In the name of the People,
The Chamber of Deputies and the Chamber of Advisors having adopted,
The President of the Republic enacts the following law:
Article one - Are collected under the name of " the code of security and prevention of the hazards of fire, explosion and panic in the buildings ", in accordance with the text annexed to the law herein, the provisions relating to the rules and measures of security and prevention of the hazards of fire, explosion and panic in the buildings.
Art. 2 - Are repealed, all the prior provisions contrary to the provisions of this code and notably the order dated 12 January 1942 governing the theatres and establishments of entertainments and auditions.
The law herein shall be published in the Official Gazette of the Republic of Tunisia and implemented as law of the State.
Tunis, 2 March 2009.
Zine El Abidine Ben Ali
CODE OF SECURITY AND PREVENTION OF THE HAZARDS OF FIRE, EXPLOSION AND PANIC IN THE BUILDINGS
Title one
General provisions
Article one - This code determines the rules and measures relating to the security and prevention of the hazards of fire, explosion and panic in the buildings, as defined in article 2 of this code, their dependences and annexes, as well as to the modifications which are brought to them or the activity which is exercised in them.
Article 2 - Within the meaning of this code, the expressions which follow indicate:
- Building: the fixed constructions and removable or provisional spaces and installations, receiving the public or constructions with elevated height or those of housing use or sheltering dangerous, unhealthy or inconvenient establishments.
- Security regulations: the rules and measures of prevention and precaution having to be applied for the protection of the different types of buildings against the hazards of fire, explosion and panic.
- File of security : the file submitted to the departments of civil protection containing the data allowing to ensure that the conditions of security and prevention of the hazards of fire, explosion and panic provided for by the security regulations are met.
- Construction components : the whole of the principal components of the building such as the posts, ceilings, floors, interior and external walls, doors, windows and pipes reserved for the technical networks of the building.
- lock: space closed inside the building having the technical characteristics referring to the length, the height, the surface and with the insulation of fire, smoke and heat.
- Technical Networks: the networks installed in the building relating to electricity, gas, drinking water, the communications, the reception antennas the television and broadcasting, the emergency lighting, the heating, cooling, airing, ventilation and smoke clearing, the elevators, the hoists, the household and industrial rubbish-chutes, the fire detection, alarm, the equipment of control, fight and extinguishing of the fire and other networks necessary to the exploitation of the building.
- fire control and Backup facilities : tools and equipments of intervention used for purposes of alarm, extinguishing, rescue and assistance in the event of fire, explosion and panic.
- Book of security : a book containing the information necessary to the control and the maintenance of the building and technical networks which are installed in it and relating to the security and the prevention of the hazards of fire, explosion and panic.
- Security team : the group of the present individuals in the building and authorized to achieve the missions related with the security and the prevention of the hazards of fire, explosion and panic.
- interior Plan of intervention : all details and plans related with the building, intended to facilitate there the preliminary measurements of security taking in order to ensure the quick evacuation of the persons and the effective intervention for the fire fight.
- premises of individual housing : the room intended for housing, having a non- common private entry.
- premises of collective housing: the room intended for housing, having a common entry to its different inhabitants.
- occupation density: the relation resulting from the division of the number of persons which may be accommodated in the building, by the total surface which is reserved to them.
- calorific Power : quantity of heat released during the total combustion of a determined matter; it is measured according to the quantity of calories per kilogram, for the hard elements and liquids, or of the quantity of calories per cubic meter for gases.
Article 3 - The geometricians, architects, construction contractors and the contractors of the buildings equipment, governed by the provisions of this code, like their owners and operators, are bound, each in his respective capacity, to apply the rules and security measures and prevention determined by the security regulations.
Article 4 - The security regulations determine the rules and security measures and the prevention of hazards of fire, explosion and panic in the buildings specific to each type of buildings governed by the provisions of this code.
The rules of security and prevention of the hazards of fire, explosion and panic in the buildings differ according to the type of building, the nature of the activity which is carried on there and its capacity of reception.
The security regulations are approved by the order of the Minister of the Interior and the concerned Ministers.
Article 5 - The file of parceling of the parcels of land reserved for the construction of the buildings, governed by the provisions of this code, shall be accompanied by a file of security which contents are approved by the departments of civil protection.
When the parcel of land subject of the project of parceling is intended, partially or entirely, for the construction of buildings to elevated height, it will have to be reserved, if necessary and in accordance with the prescriptions of the file of security, within the framework of the plan of parceling, one or several spaces for the establishment of a unit of civil protection.
The documents constituting the file of security provided for in the paragraph one of this article as well as the procedures of approval of its content are determined by order of the Minister of the Interior.
Article 6 - The file of the request for building permit, for each type of buildings, governed by the provisions of this code, must be accompanied by a file of security whose contents are approved by the services of civil protection.
The documents constituting the file of security provided for in the first paragraph of this article as well as the procedures of approval of its contents, are determined by order of the Minister of the Interior.
Article 7 - Before realizing the works which does not require obtaining a permit building according to the legislation in force, the owner of the building shall warn the departments of civil protection about it and stick to the security and measures of prevention of the hazards of fire, explosion and panic, that they fix to him.
The cases and the procedures of the opinion mentioned in the paragraph one of this article are determined by order of the Minister of the Interior and the Minister charged of Equipment.
Article 8 - The operators of the buildings, governed by the provisions of this code, shall hold a book of security concerning the building.
Are exempted from the obligation of the book of security holding, the operators of the buildings receiving the public, of the fifth category mentioned in article 22 of this code.
The substance and form of the book of security are determined according to a model established by order of the Minister of the Interior.
Article 9 - The owners of the buildings receiving the public, of the first and second category mentioned in article 22 of this code, the buildings with elevated height and the buildings sheltering of dangerous, unhealthy or inconvenient establishments, are bound to establish an interior plan of intervention concerning the aforesaid buildings.
The content of the interior plan of intervention are determined by order of the Minister of the Interior.
Article 10 - The operators of the buildings receiving the public, the buildings with elevated height and the buildings sheltering dangerous, unhealthy or inconvenient establishments, are bound to set up a security team which ensures the missions relating to the security and the prevention of the hazards of fire, explosion and panic and notably:
- the verification of the good functioning of the tools and means of assistance and firefight and their proper use,
- the information of the operator of the building of all that is likely to threaten the security of the persons and the goods,
- the alarm, in the event of need, of the departments of civil protection and the preliminary and immediate intervention for the rescue, the extinguishing or the assistance,
the quick evacuation of the persons, in the event of need.
- The operators of the buildings shall organize, in the cases provided for by the security regulations, periodic exercises, in coordination with the departments of civil protection, intended for the security team.
The composition of the security team, its attributions, the conditions of its set up in the buildings as well as the conditions having to be met by the individuals authorized to be part of it, will be determined by order of the Minister of the Interior.
Are exempted from the obligation of setting up of a security team, the operators of the buildings receiving the public of the fifth category mentioned in article 22 of this code.
Article 11 - The owners or construction contractors and contractors of the buildings equipment, governed by the provisions of this code, are bound to use materials and construction elements resistant to the possible risks and answering, as for their reaction and their fire resistance, to the technical standards approved in accordance with the legislatio in force.
The security regulations classify materials and structural components mentioned in the first paragraph of this article as for their degree of reaction and fire resistance
The owners or the construction contractors and contractors of equipment of the buildings shall submit materials and construction elements, according to their respective vocations, to the expertise and control of the bodies of technical control approved by the relevant authorities in accordance with the legislation in force. The body in charge of the technical control establishes, at the end of each expertise and control, a report which will be submitted to the interested party.
Article 12 - The contractors of the buildings equipment, governed by the provisions of this code, at the stage of construction, and their operators, at the stage of the exploitation, are bound to ensure the proper execution, exploitation and maintenance of the technical networks and the equipments installed in the building and their conformity with the prescriptions of the security regulations.
The owners, at the stage of construction, and the operators, at the stage of the exploitation, are bound to submit the buildings referred to in paragraph one of this article, periodically, to technical and follow-up examinations, carried out by the bodies of technical control approved by the relevant authorities, which number is fixed by the security regulations in order to be ensured, according to the case, that the works of installation and building of the technical networks and their maintenance were carried out in accordance with the prescriptions of the security regulations. The body in charge of the technical control establishes, at the end of each control operation, a report which will be submitted to the interested party.
The technical and follow-up examinations, mentioned in the second paragraph of this article, may relate to the divided parts of the buildings of housing use only at the stage of construction and before their material delivery or the translation of the right of their property or of their use to the holders of these rights or their effective occupation by those. The technical and follow-up examinations shall be limited, after the delivery, to the transfer or the occupation of the divided parts, to the common parts of these buildings.
Article 13 - The owners or construction contractors and contractors of the buildings equipment, governed by the provisions of this code, as well as their operators shall submit to the departments of civil protection the reports relating to the controls and expertise carried out by the bodies of technical examination approved by the relevant authorities indicated in articles 11 and 12 of this code, within a deadline not exceeding one month as from the date of establishment of the report.
The departments of civil protection may, if necessary, require from the bodies of technical examination the achievement of additional acts of control or expertise.
Article 14 - The agents of civil protection, mentioned in article 56 of this code, shall carry out periodical or exceptional technical examinations of the different types of buildings, at the stages of the construction and exploitation, which tend to verify the compliance with the rules and security measures and prevention of the hazards of fire, explosion and panic of contained in the security regulations.
The control carried out by the departments of civil protection does not exempt the parties, indicated in the first and second paragraphs of article 12 of this code, the civil liability, with respect to the third parties, resulting from their personal fault.
The control examinations, mentioned in the first paragraph of this article, may relate to the divided parts of the buildings of housing use only at the stage of their construction and before their material delivery or the translation of the right of their property or of their use to the holders of these rights or their effective occupation by those. The control examinations shall be limited, after the delivery, to the transfer or the occupation of the divided parts, to the common parts of these buildings.
Article 15 - The agents of civil protection shall, before carrying out the periodical control examinations of the buildings, governed by the provisions of this code, either at the stage of construction or of the exploitation, give notice to the owner or operator, according to the case, of the date of the examination, by any mean leaving a written record, and this eight days, at least, before the date fixed for the examination. The absence of interested party does not prevent the agents of civil protection from carrying out the control in the presence of his/her representative or of the one of his/her employees.
Article 16 - The agents of civil protection shall, at the end of each periodical or exceptional control examination, draft a report relating to the conclusions of the control which will contain, if necessary, the prevention and security measures having to be carried out by the owner of the building, at the stage of construction, and its operator, at the stage of the exploitation, in order to ensure the security conditions. The report will mention, in addition, if the control was carried out in presence of the interested party, of his/her representative or of one of his/her employees.
A copy of the report is given, according to the case, to the owner or the operator within a deadline not exceeding twenty days as from the date of control. If necessary, a three- month deadline is assigned to him/her for the regularization of the situation; this deadline may be extended, twice at most, for the same duration, when the interested party establishes the impossibility for him/her to carry out the necessary measures within the assigned deadlines.
If the owner or the operator does not regularize the situation to which he/she is bound within the deadline which is assigned to him/her, the agents of civil protection draw up a minutes of report, in accordance with the provisions of article 58 of this code.
Article 17 - It is prohibited to the owners of the buildings receiving the public, the buildings with elevated height and the buildings of housing use, to exploit dangerous, unhealthy or inconvenient establishments in them; it is also prohibited to them to make use of inflammable materials, to preserve them or store at them, except in the cases mentioned in the security regulations.
Article 18 - It is prohibited to the owners of the different types of buildings, governed by the provisions of this code, to set up in them covered parkings which surface exceeds six thousand square meters.
Article 19 - Without prejudice to of the provisions of articles 55, 69 and 70 of this code, the buildings exploited by the State, the public establishments and the local collectivities, are, concerning the rules and security measures and prevention of the hazards of fire, explosion and panic, governed by the provisions of this code; and will be excluded, the buildings reserved for military aims or of interior security.
Title II
The security and prevention of the hazards of fire, explosion and panic in the buildings
Chapter one
Buildings receiving the public
Article 20 - Are considered as buildings receiving the public, within the meaning of this code, all constructions and all the premises and spaces which receive persons or in which are held of the private meetings or open to the public, for an onerous consideration or gratuitously. Are considered as belonging to the public, all the persons present in the building for whatever reason.
Article 21 - The buildings receiving the public are classified in types, according to the nature of the activity which is exploited in them.
The security regulations determine the types of these buildings.
Article 22 - The buildings receiving the public, whatever is the type, are classified in five categories, according to their capacity of reception of the public, as follows :
- First category: more than 1500 persons.
- Second category: of 701 persons with 1500 persons.
- Third category: of 301 persons with 700 persons
- Fourth category: of 51 persons with 300 persons.
- Fifth category: the buildings which capacity of reception of the public does not exceed fifty persons.
Article 23 - The capacity of reception of the building receiving the public is fixed, according to the cases, in accordance with one or all of the following criteria:
- the number of sitting places,
- the number of beds,
- the surface reserved for the public,
- the declaration of the building owner, verified by the departments of civil protection.
The security regulations determine the rules of calculation of the reception capacity, having to be retained, according to the type of each building.
Article 24 - The security regulations relating to the buildings receiving the public contain general provisions common to all the types of buildings and others, particular to each one of these types, determined according to the nature of the activity, the surface of the premises, the method of construction and the number of persons who may be received in these buildings, including the handicapped persons.
The buildings which capacity of reception of the public does not exceed fifty persons are governed by particular provisions determined by the security regulations
Article 25 - The geometricians, architects and construction contractors shall ensure, in the buildings sheltering establishments receiving the public, the quick and organized evacuation of their occupants and visitors and that the building has a side, at least, bordering with free ways or spaces allowing the evacuation of the persons as well as the access and use of the means of assistance and fire fight.
The security regulations determine the technical standards of the ways and open spaces indicated in the first paragraph of this article.
Article 26 - The architects, the construction contractors and the equipment contractors shall develop the buildings receiving the public, distribute the different parts composing them, and optimize the means of insulation of these parts from fire, in a manner to guarantee to their visitors and occupants of the contiguous buildings, a sufficient protection against the hazards of fire, explosion and panic.
The security regulations determine the means of ensuring the protection mentioned in the first paragraph of this article.
Article 27 - The architects and the construction contractors shall develop, distribute and arrange the points of exit of the building receiving the public and his corridors, in a manner to allow to the quick and effective evacuation of the persons and so that the number of these exits and corridors and their width are in connection with the number of the persons who may make use of them, in accordance with the rules mentioned in the security regulations.
Article 28 - The owners or the contractors of the buildings equipment shall equip the buildings receiving the public of electric lighting and emergency lighting.
Article 29 - The owners or the contractors of equipment shall equip the building receiving the public of alarm and warning devices and with the appropriate means of fire fight, in accordance with the prescriptions of the security regulations.
Article 30 - When the building receiving the public shelters several establishments, having various or similar activities, occupying different parts of the building, it will be not required that each one of it to meet the conditions of implantation of the establishment and those of insulation mentioned in security regulations, on condition that the whole building is under the responsibility of only one person, in what concerns the security and the prevention of the hazards of fire, explosion and panic, designated by the operators of the building who warn the departments of the civil protection of his identity and his quality.
The building, mentioned in the first paragraph of this article, shall be submitted to the control of the departments of civil protection which determine, if necessary, the measures of security and prevention having to be carried out by the operators of the building, and this in regard of the risks which constitute, for the public, the grouped establishments.
Chapter II
Buildings with elevated height
Article 31 - Is considered as building with elevated height, any construction which floor of the higher story is, in relation with the highest ground level allowing the access to the means of assistance and fire fight, at a height exceeding fifty meters, for the buildings of housing use, or with a height exceeding twenty eight meters, for the rest of the types of buildings indicated in article 32 of this code.
Constitute Integral parts of the building, all the elements of support of the building with elevated height, the stories of the basement, the contiguous parts, whatever is the height and the parking lots as long as they are not separate in accordance with the conditions mentioned in the security regulations.
Article 32 - The buildings with elevated height are, in what concerns the security and the prevention of the hazards of fire, explosion and panic, classified according to the types hereafter:
- First type: buildings of housing use
- Second type: buildings of hostelry use
- Third type: buildings of education use.
- Fourth type: buildings intended for the conservation of the archives and books.
- Fifth type: medical buildings.
- Sixth type: buildings for offices use.
- Seventh type: buildings of mixed use.
Article 33 - The security regulations relating to the buildings with elevated height contain general provisions common to all the types of buildings and others particular to each one of them.
Article 34 - The security regulations determine the occupancy rate which may not be exceeded in each lock of the building with elevated height; the security regulations also determine the level of the lock height, its surface and its technical characteristics.
Article 35 - The geometricians and architects and the construction contractors and contractors of equipment of the buildings with elevated height or their owners shall stick, in the realization of these buildings, and each in his respective capacity, to the rules and measures of security and prevention which are likely to ensure the security of the persons, the goods and the contiguous buildings against the hazards of fire, explosion and panic and this, concerning :
1) The insulation of the building, its partition and the limitation of the calorific power inside,
2) The guarantee of the evacuation, in case of need, of the building occupants,
3) The prevention of the propagation of the smoke inside the building parts,
4) The installation of the necessary emergency lighting,
5) The installation of the means of detection and fire fight,
6) The guarantee of the continuity of the activity in the locks which are far from fire.
The security regulations determine all the detailed procedures relating to the rules and measures mentioned in the first paragraph of this article.
Article 36 - The operator of the building with elevated height may designate an agent in order to ensure the management and the communication with the departments of civil protection, in what concerns the security and the prevention of the hazards of fire, explosion and panic.
Article 37 - It is prohibited, to the operators of the premises located in the building with elevated height, to introduce pieces of furniture in their premises so that the calorific power inside these premises exceeds the limits permitted by the security regulations.
Chapter III
Buildings of housing use
Article 38 - Is considered as building of housing use, within the meaning of the present code, the building or its parts containing dwellings and which the floor of the higher story is located at a height not exceeding fifty meters starting from the highest ground level allowing the access to the means of assistance and fire fight.
Are considered as belonging to the building, the covered parking lots intended to shelter the vehicles and which surface varies between one hundred square meters and six thousand square meters.
Article 39 - The buildings of housing use are, in what concerns the security and the prevention of the hazards of fire, explosion and panic, classified in four types, as follows:
- First type: the contiguous premises of individual dwelling,
- Second type: the premises of collective dwelling, which the floor of the higher story does not exceed eight meters starting from the highest ground level allowing the access to the means of assistance and the fire fight,
- Third type: the premises of collective dwelling which height of the floor of the higher story exceeds eight meters and is lower than twenty eight meters starting from the highest ground level allowing the access to the means of assistance and the fire fight,
- Fourth type: the premises of collective dwelling which the height of the floor of the higher story varies between twenty eight meters and fifty meters starting from the highest ground level allowing the access to the means of assistance and the fire fight. When the building of the fourth type contains premises not intended for housing, it will be classified among the buildings with elevated height, in accordance with the provisions of articles 31 and 32 of this code.
The first and second types of buildings of housing use, indicated in the first paragraph of this article, are excluded from the application of the provisions of this code, unless in what related to the rules intended to ensure the resistance of the construction structure to the fire, in accordance with the prescriptions of the security regulations.
Article 40 - The security regulations related to the buildings of housing use contain specific provisions to each type of these buildings.
Article 41 - The geometricians shall isolate the buildings of housing use from the premises likely to represent, because of the use which it is made, a hazard of fire explosion.
The architects and the owners or the construction contractors and contractors of the buildings equipment shall, each in his respective capacity, by the development of the building of housing use, the distribution of its different parts, the use of building materials and the installation of the equipments, ensure the security and the prevention of the fire hazards and allow its occupants and visitors to evacuate it quickly and easily and to engage, in time, the rescue in the event of fire.
The security regulations determine the adapted rules and measures, for the application of the provisions of this article.
Chapter IV
Buildings sheltering dangerous, unhealthy or inconvenient establishments
Article 42 - Without prejudice to the provisions of the legislation in force, the buildings sheltering dangerous, unhealthy or inconvenient establishments are, in what concerns the rules and measures of security and prevention of the hazards of fire, explosion and panic governed by the provisions of this code.
Article 43 - The buildings, sheltering dangerous, unhealthy or inconvenient establishments, are classified in accordance with the legislation in force.
Article 44 - The security regulations determine the prescriptions appropriate for each category of the buildings sheltering dangerous, unhealthy or inconvenient establishments, concerning the security and prevention of the hazards of fire, explosion and panic.
Article 45 - The architects and the construction contractors shall ensure in the building, sheltering a dangerous, unhealthy or inconvenient establishment, the easiness of the access to the means of assistance and fire fight.
The operators of the buildings sheltering dangerous, unhealthy or inconvenient establishments shall ensure as of the implantation of these establishments all the measures of security and prevention of the hazards of fire, explosion and panic, to their occupants, visitors and neighbors and this with regard to the nature of their activities.
The security regulations determine the appropriate rules and measures for the application of the provisions of this article.
Title III
The certificate of prevention
Article 46 - It is prohibited to the owners of the different types of buildings, governed by the provisions of this code, to exploit them partially or completely before or without obtaining from the departments of the civil protection a certificate of prevention attesting that all the rules and measures of security and prevention of the hazards of fire, explosion and panic were applied to the building.
Article 47 - The owner of the building submits the file of obtaining of the certificate of prevention to the departments of civil protection in the territorial circonscription in which the building is located.
Article 48 - The departments of civil protection, territorially relevant, examine the file of the obtaining of the certificate of prevention within a deadline not exceeding fifteen days as from the date of its submission.
If it is established that the file, indicated in the first paragraph of this article, does not contain all the required documents, the departments of civil protection inform the applicant about it and invite him/her to complete the file within a maximum of one-month deadline as from the date of the notice signified by registered letter or any other mean leaving a written record.
In case when the file is not completed within the deadline mentioned in the second paragraph of this article, the request will be rejected.
Article 49 - If it is established that the file of the obtaining of the certificate of prevention contains all the required documents, the departments of civil protection fix to the interested party the date of the building inspection which shall intervene within a deadline not exceeding one month as from the date of the submission of the aforesaid file.
The agents of civil protection draft a report relating to the conclusions of the building inspection, a copy from which is given to the interested party, consigning the measures of security and prevention of the hazards of fire, explosion and panic, having to be carried out, if necessary, within a deadline not exceeding six months as from the date of reception of the aforementioned copy; if this deadline expires and the required measures have not been carried out, the interested party will be bound to submit a new file.
Article 50 - The departments of civil protection deliver the certificate of prevention after carrying out all the required measures of security and prevention of the hazards of fire, explosion and panic.
The certificate of prevention is of a three-year validity as from the date of its delivery, for the buildings of housing use, and two years for the rest of the types of buildings.
The certificate of prevention is renewed according to the same methods and conditions of delivery; the request for renewal shall be addressed to the departments of civil protection, at least one month, before the expiry date of the deadline of the certificate of prevention validity which renewal is required.
Article 51 - In the event of provisional interruption of the exploitation of one of the buildings, governed by the provisions of this code, for one duration exceeding six months or in the event of exposure of the building to the fire, explosion, the collapse or with an accident resulting from technical works, the owner of the building will be bound, before any re-exploitation, to obtain a new certificate of prevention.
Article 52 - Any modification which operator intends to bring to the building or to the activity which is exercised in it and which would be likely to have repercussions on the requirements of security and prevention of the hazards of fire, explosion and panic, obliges him/her to give beforehand and written notice of it to the departments of civil protection, so that these departments may determine the measures of security and prevention of the hazards of fire, explosion and panic, having to be carried out, in consideration of these modifications, as well as requesting the obtaining of a new certificate of prevention.
Article 53 - The departments of civil protection shall keep a signed and indexed book by the territorially relevant cantonal judge, where the operations of delivery of the certificates of prevention will be mentioned.
Article 54 - The documents constituting the file of obtaining of the certificate of prevention or its renewal as well as the model of the aforementioned certificate and the book reserved to it, are determined by order of the Minister of the Interior.
Article 55 - The delivery of the certificate of prevention is subjected to the payment of a royalty to the profit of the departments of the civil protection, which amount is fixed by order of the Minister of the Interior and the Minister of Finance.
Are excluded from the application of the provisions of the first paragraph of this article, the buildings exploited by the State, the public establishments of administrative nature and the local collectivities.
Title IV
Reports and sanctions
Chapter I
Reports
Article 56 - Any act, made in violation of the provisions of this code, is reported by the officers and the non-commissioned officers from the bodies of civil protection, authorized to perform the attributions of the judiciary police, within the limit of the competence which is vested for them according to the provisions of this code.
Article 57 - The agents mentioned in article 56 of this code are authorized, within the limit of their competence, to :
- accede, during the usual hours of opening or work, to all types of buildings, governed by the provisions of this code, and this, without prejudice to the provisions of the third paragraph of article 14 of this code,
- carry out all the necessary reports and obtain, at the first requisition, copies of the documents, supporting documents and books which the investigations require,
- seize, among the documents indicated in the second dash of this article, the necessary documents and to collect, in the event of need and sufficiently, samples of the products and elements subject of the report for purposes of analyses which the investigations require. The seizure is carried out, according to the case, in the presence of the owner or of the operator or in the presence of his/her representative or of one of his/her employees; the seized objects are put under seals with indication of the date of the seizure, the seized quantity and all other necessary indications.
Article 58 - The infringement to the provisions of this code is reported through the minutes drawn up by one of the agents mentioned in article 56 of this code.
Each minutes shall contain the identity of the agent reporting the offence, his quality, his signature, the administration seal to which he belongs to, the complete identity of the offender, and its statements. The minutes shall mention, in addition, the acts subject of the report, their date and place of report, the seizure operation, if necessary, and the date and place of minutes drawing up.
The offender shall sign the minutes and, in the event of abstention or of incapacity to sign, it will be made a mention in the minutes. If case when this one does not show up, though duly convened, it is also made a mention in the minutes to which will be joined, in this case, the counterfoil of the convocation.
Article 59 - The minutes are transmitted to the public prosecutor by the territorially relevant Court of First Instance, a copy is transmitted, for purposes of information, to the administrative authority which delivered the building permit, when the act also constitutes a violation of the prescriptions of this authorization.
Chapter II
Sanctions
Article 60 - Is punished of a one hundred dinars to one thousand dinars fine, whoever will infringe the provisions of article 3, the first paragraph of article 7, the first paragraph of article 8, the first paragraph of article 9, the first and second paragraphs of article 10, the first paragraph of article 13, the first paragraph of article 25, the first paragraph of article 26, articles 27, 28 and 29, the first paragraph of article 35, article 37, the first and second paragraphs of article 41 and the first and second paragraphs of article 45 of this code.
Article 61 - Is punished of a one thousand dinars to ten thousand dinars fine, whoever will infringe the provisions of the first and third paragraphs of article 11, the first and second paragraphs of article 12, articles 17 and 18, the second paragraph of article 30 and the first and second paragraphs of article 71 of this code.
Article 62 - Is punished of a ten thousand dinars to fifty thousand dinars fine, whoever will infringe the provisions of articles 46, 51 and 52 of this code.
Article 63 - The seized court may, in the cases mentioned above in articles 60, 61 and 62 of this code, order provisional or final closing of the building, establishment or premises where the acts punishable by the provisions of this code were committed; it may, in addition, constrain the convicted to the remove, at his/her expense, the equipments, technical networks and all the installations which maintenance would present a danger to the security of the persons or goods, as well as to carryout the necessary measures of security and prevention.
Is punished by, a three-month to two-year imprisonment, whoever will infringe the provisions of the court decision ordering the closing.
Article 64 - Is punished by a six-month imprisonment and of a one thousand dinars fine or one of the two punishments only, whoever will obstruct the acts of control or report provided for by the provisions of this code or, knowingly, will prevent the agents in charge of the execution of the decisions of provisional closing or seizure from achieving their functions.
Article 65 - In the event of relapse related to the acts which punishment is provided for in articles 60, 61, 62, in the second paragraph of article 63 and article 64 of this code, the seized court pronounces the maximum of the punishment which is provided for them.
Article 66 - The seized court may, in the cases mentioned in the first paragraph of article 63 of this code, order the total or partial publication, at the expense of the convicted, in a daily newspaper or its posting, in visible characters, in the places which it fixes and notably in the main doors of the buildings and their dependences.
Is punished by a one thousand dinars to five thousand dinars fine, whoever will knowingly remove the posted notices or will completely or partially dissimulate or tear them or suggest or order some person to do it. The execution of the judiciary decision ordering the posting is continued at the expense of the convicted.
Article 67 - The punishments provided for by this code apply to all whose personal liability for the acts liable to these punishments will have been established, and this among the representatives, managers and agents of the legal entities.
Article 68 - The territorially relevant governor shall order, in the event of a certain danger threatening the security of the persons or goods and in the case provided for in the third paragraph of article 71 of this code, as well as in the case of infringement to the provisions of its articles 46,51 and 52, the provisional closing of the building, the establishment or the premises. The decision of closing is made on the strength of the reports and minutes of the departments of civil protection and after hearing the offender. The decision of closing is retracted when the seized court pronounces a non-ground for prosecution or the revocation of the procedure.
Chapter III
Particular provisions
Article 69 - The agents of civil protection, mentioned in article 56 of this code, shall report any failure to the provisions of this code in the buildings exploited by the State, the public establishments as well as by the local collectivities.
It is drawn up a report of the results of the report, indicated in the first paragraph of this article, and transmitted by the departments of civil protection to the head of the administration or to the concerned supervisory authority, for purposes of the required measures taking.
Article 70 - The provisions of chapter II of the fourth title of this code do not apply to the buildings exploited by the State, the public establishments as well as by the local collectivities.
Title V
Transitional provisions
Article 71 - The owners and operators of the buildings built before the date of promulgation of this code or which, at the aforementioned date, are under construction, are bound, each in his respective capacity, to regularize their situations, concerning the conditions of security and prevention of the hazards of fire, explosion, in accordance with the provisions of this code and its text of application, and this, within a five-year deadline as from their date of entry into force.
the owners or operators of buildings may not be constrained to application of measures required for security and of prevention, when those, on the strength of an expertise report established pursuant to an order of the relevant court, deemed to likely to lead to radical modifications on the building structure, and this, provided that they stick to the execution, within reasonable deadlines, sufficient substitutive measures which are ordered to them by the departments of civil protection, in order to ensure the security and prevention of the hazards of fire, explosion and panic in the building.
The provisions of this article do not apply to the buildings which, on the strength of an expertise report ordered by the relevant court, present a certain danger threatening the security of the persons and goods and which could not be avoided by the only execution of substitutive measures.
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