Cabinet Resolution Regarding the Regulation of Civil Defense Services in the State

Article 14 — Article (15) ¶

Rules and Provisions of Law Enforcement and Inspection

Article 30 — Article (31) ¶

Cabinet Resolution No. (24) of 2012 Regarding the Regulation of Civil Defense Services in the State

The Cabinet:
− Having reviewed the Constitution,
− Federal Law No. (1) of 1972 Regarding the Competences of Ministries and Powers of Ministers, as amended,
− Federal Law No. (12) of 1976 Regarding the Police and Security Force, as amended,
− Federal Law No. (3) of 1987 Promulgating the Penal Code, as amended,
− Federal Law No. (35) of 1992 Regarding the Criminal Procedures Law, as amended,
− Federal Law No. (23) of 2006 Regarding the Civil Defense,
− Federal Law No. (1) of 2011 Regarding the Public Revenues of the State,
− Federal Decree by Law No. (8) of 2011 Regarding the Rules for the Preparation of the General Budget and Final Account,
− Cabinet Resolution No. (6) of 1992 Regarding Civil Defense Service Fees, and
− Upon the approval of the Cabinet,
Hereby resolves as follows:

Definitions
Article (1)

For the purposes of implementing the provisions of this Resolution, the following terms and expressions shall have the meanings assigned to each of them, unless the context requires otherwise:
State: The United Arab Emirates.
Emirate: The Emirate in which the General Directorate is located.
Ministry: The Ministry of Interior.
Minister: The Minister of Interior.
General Directorate: The General Directorate of Civil Defense in the Emirate.
Director General: The Director General of Civil Defense in the Emirate.
System: An electronic system for monitoring Buildings and Establishments and linking them to the operations rooms of the General Directorate.
Establishments: Any company or institution licensed to practice an economic or professional activity.
Buildings: Any building licensed for residential purposes or for use as offices or for storage in the State.

General Provisions
Article (2)

The provisions of this Resolution shall apply to all existing or to be constructed Buildings and Establishments in the State, with the exception of private standalone residential houses and dwellings.

Article (3)

a. All federal and local departments, each within its respective competence, shall be prohibited from undertaking the following:
1. Licensing or renewing the license of Establishments unless the license application is accompanied by a valid certificate of fire safety requirements issued by the General Directorate;
2. Licensing the construction of Buildings or granting a certificate of completion of any Building unless a valid certificate of fire safety requirements has been issued for the Building by the General Directorate.
b. The certificate referred to in paragraph (1) of clause (A) above shall be valid for one Gregorian year and shall be renewed annually.

Article (4)

Insurance companies operating in the State shall be prohibited from issuing any insurance policy for any Establishment or Building unless the insurance application is accompanied by a valid certificate of fire safety requirements issued by the General Directorate.

Article (5)

Pursuant to this Resolution, the General Directorate shall be competent to license all Establishments operating in the Emirate in the field of preventive safety systems, as well as the personnel working therein, in accordance with the controls and standards approved by a decision issued by the Minister.

Article (6)

1. The owners of all Establishments and Buildings covered by Article (2) of this Resolution shall be obligated to carry out periodic maintenance of the preventive safety systems installed in those Buildings through companies and institutions licensed and accredited by the General Directorate.
2. Establishments operating in the field of preventive safety systems against fire hazards shall be obligated to present maintenance contracts for the Establishments and Buildings referred to in Paragraph (1) above to the General Directorate for its approval.

Article (7)

1. All owners of Buildings and Establishments covered by Article (2) of this Resolution shall be obligated to subscribe to the System in accordance with the requirements and controls for which a resolution is issued by the Minister for their approval, and to pay the fees prescribed in this Resolution.
2. The owners of Buildings and Establishments covered by Article (2) of this Resolution shall bear the costs of installing and maintaining the System, and a resolution determining such costs shall be issued by the Minister in coordination with the Minister of Finance.

Fees and Costs
Article (8)

1. The fees listed in Schedule No. (1) attached to this Resolution shall be imposed, in UAE Dirhams, on all Buildings and Establishments, each according to its activity or the service provided thereto.
2. The fees prescribed under this Resolution shall be calculated based on the engineering plans for the Establishments and Buildings on the basis of the total utilized area, including repeated floors.

Article (9)

1. If it becomes clear to the General Directorate during the performance of firefighting and rescue operations for an Establishment exposed to a fire incident that safety conditions or the required firefighting equipment are not available therein, it shall have the right to charge the violating Establishment for the costs and expenses it incurred for all firefighting and rescue works and services, provided that the value of such costs does not exceed (50,000) dirhams.
2. The Minister, in coordination with the Minister of Finance, shall issue the criteria and value for calculating the costs and expenses referred to in the preceding paragraph.

Violations and Fines
Article (10)

Without prejudice to any more severe penalty stipulated in any other legislation, the fines listed in Schedule No. (2) attached to this Resolution shall be imposed, in UAE Dirhams, on any person who violates the provisions of this Resolution or the resolutions issued pursuant thereto. The General Directorate shall draw up violation reports against the violators and shall collect them through the mechanism approved by the Ministry of Finance.

Article (11)

All data related to violations shall be recorded in a special register prepared for this purpose and maintained by the General Directorate. In all cases, the General Directorate may, after exhausting all specified methods for removing the violation, issue a decision to close the violating Establishment until the violation is rectified, and its causes are removed.

Article (12)

The Minister shall issue resolutions on the provisions related to the prevention of fire hazards in public and private Establishments.

Article (13)

The violator shall pay the fine prescribed in the schedule of fines referred to in Article (10) of this Resolution within a period not exceeding one month from the date of notification thereof. Thereafter, an additional fine of AED 500 (five hundred dirhams) shall be imposed for each month or part thereof during which the violator delays payment of such fines beyond that period.

Article (14)

1. A financial fine equivalent to 10% of the value of the fee prescribed under this Resolution shall be imposed on Establishments and Buildings that delay in applying for or renewing the certificates stipulated in Article (3) of this Resolution, for each month of delay or part thereof, provided that it does not exceed the value of the prescribed fee.
2. Establishments and Buildings that take the initiative to obtain or renew the certificates stipulated in Article (3) of this Resolution within the period to be determined by a resolution from the Minister shall be exempt from paying any fees and fines imposed thereon pursuant to the resolutions issued prior to the entry into force of this Resolution.

Article (15)

A financial fine of 10% of the value of the contract concluded between them and the insured shall be imposed on insurance companies that violate the provisions of Article (4) of this Resolution.

Rules and Provisions of Law Enforcement and Inspection
Article (16)

Members of the force from the employees of the General Directorate, as well as civilian employees designated by a resolution issued by the Minister of Justice in agreement with the Minister, shall have the capacity of judicial officers in establishing acts committed in violation of the provisions of this Resolution and the regulations and resolutions issued in implementation thereof, including entering Buildings and Establishments and drawing up the necessary law enforcement minutes.

Article (17)

A judicial officer shall undertake the following tasks:
1. Conducting supervision and inspection activities over Buildings and Establishments subject to this Resolution, in accordance with the powers and competences stipulated herein, including:
a. Conducting inspections of Establishments and Buildings and monitoring their compliance with the provisions of this Resolution;
b. Recording incidents committed in violation of the provisions of this Resolution;
c. Receiving complaints submitted thereto regarding preventive violations and recording them in the register referred to in Article (11) of this Resolution;
d. Following up on the enforcement of orders and judgments issued against violators;
e. Providing owners of public and private Establishments and Buildings with technical instructions and guidance that enable them to comply with fire prevention and safety requirements in their establishments and Buildings;
f. Notifying the General Directorate of any developments to address shortcomings and proposing necessary developments in inspection activities.
2. Taking any of the following measures:
a. Entering any Establishment at any time, day or night, provided that occurs during the Establishment's working hours;
b. Entering the common facilities in the Buildings subject to this Resolution;
c. Conducting any inspection or investigation necessary to verify the availability of fire prevention and firefighting conditions in the Establishment or Building. In particular:
1. Questioning the owner of the Establishment or Building regarding any matter related to the implementation of prevention and safety conditions;
2. Examining the documents and licenses necessary for the operation of the Establishment and the conduct of its activity in accordance with the provisions of this Resolution;
3. Verifying the commitment of the concerned parties to carry out the necessary periodic maintenance of the Establishments and Buildings.
4. Verifying the validity of reports and complaints received from others and taking the necessary actions in respect thereof.

Article (18)

Judicial officers shall be obligated to do the following:
1. Take an oath before the Director General or their delegate to respect the law, perform their duties with honesty and sincerity, refrain from disclosing any secret they become aware of by virtue of their work, even after the termination of their connection with this work, and to maintain strict confidentiality with respect to complaints received thereby.
2. Present proof of their identity and their official capacity to the concerned persons.

Article (19)

The owners of Establishments and Buildings, or their representatives, shall provide the judicial officers with all facilities and data required for the performance of their duties and shall comply with requests to appear before them or designate a legal representative on their behalf.

Article (20)

A judicial officer may, if it is proven that the violation is of a high degree of danger and requires immediate and urgent removal, seek the assistance of other competent authorities to take the necessary measures for its removal. In this case, the removal shall be at the expense of the violator, who shall also be obliged to pay all fines due thereon, without prejudice to referring them to the competent judicial authorities if the matter so requires.

Article (21)

The judicial officer shall have the right to estimate the time period required for the removal of the violation, and to specify such period in the violation report, taking into account the nature of the committed violation and its degree of danger.

Article (22)

The General Directorate shall re-inspect the Establishments and Buildings to verify the removal of the violation immediately upon the expiry of the time period specified therefor in the law enforcement report, taking into account the re-recording of the violation and the drawing up of a new violation report in the event that it has not been remedied, and undertaking the necessary procedures against the violators in accordance with the provisions of this Resolution.

Article (23)

1. The judicial officer may, when necessary, request assistance from the competent administrative authorities in the Emirate and from police officers to carry out the tasks assigned thereto, and these authorities shall provide the necessary support in this regard.
2. All federal authorities and local departments in the Emirate shall implement the provisions of this Resolution, each within its respective competence.

Final Provisions
Article (24)

The Ministry shall undertake the following:
1. Notifying the Ministry of Infrastructure Development, the departments concerned with works in the Emirate, and the violating government entity of the types of violations stipulated in Article (10) of this Resolution that have been discovered in the government buildings affiliated with such entities, in order to commence rectification thereof.
2. Submitting a report to the Cabinet regarding violations related to federal government buildings, and a report to the Executive Councils or the Rulers' Courts regarding violations related to local government buildings in the Emirate, for them to decide what they deem appropriate in this regard.

Article (25)

1. The General Directorate may conclude contracts with public and private institutions and companies to provide its services to the public.
2. The value of the cost resulting from the provision of the services mentioned in the preceding paragraph shall be determined by a resolution from the Minister in coordination with the Minister of Finance.

Article (26)

The fees and fines provided for in this Resolution, as well as any costs or fees decided in accordance with the provisions of this Resolution, shall be collected by the means determined by the Ministry of Finance, and the revenues generated therefrom shall accrue to the Public Treasury of the State.

Article (27)

The revenues resulting from the implementation of this Resolution shall be allocated for the purposes of developing the Civil Defense services in the State, and the Minister of Finance shall be authorized to determine the percentage allocated for such purposes and the mechanism of disbursement in agreement with the Minister.

Article (28)

The Minister is authorized to issue any resolutions or regulations required for the implementation of the provisions of this Resolution, and in particular, the following:
1. Controls and standards for licensing Establishments operating in the Emirate in the field of preventive safety systems, as well as the personnel working therein;
2. Controls and requirements for subscribing to the System;
3. Criteria for charging an Establishment that does not have the required safety conditions or firefighting equipment with the costs incurred by the General Directorate during its intervention to carry out firefighting and rescue operations;
4. Rules, standards, and conditions for exemption from all or part of the fines or costs incurred by the General Directorate during its intervention to carry out firefighting and rescue operations in an Establishment that does not have the required safety conditions or firefighting equipment, in coordination with the Minister of Finance.
5. Exemption from all or part of the fines attached to this Resolution.

Article (29)

The Cabinet shall be competent to make any amendments to the fees attached to this Resolution, whether by addition, deletion, modification, or exemption therefrom.

Article (30)

Cabinet Resolution No. (6) of 1992 Regarding Civil Defense Service Fees is hereby repealed, as well as any provision that contradicts or conflicts with the provisions of this Resolution.

Article 31 ¶

This Resolution shall be published in the Official Gazette and shall enter into force sixty days after the date of its publication. All concerned authorities shall implement this Resolution, each within its respective competence.

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