Regulations for Considering Violations of the Civil Defense Law and Regulations

Definitions: Article 1

  • The following terms and phrases, wherever they appear in this Regulation, shall have the meanings specified next to each, unless the context requires otherwise:

  • Law: The Civil Defense Law issued by Royal Decree No. (M/10) dated (10/5/1406 AH) and its amendments.

  • Regulation: The Regulation for Considering Violations of the Civil Defense Law and Regulations.

  • Regulations: The regulations related to the requirements and conditions of civil defense issued by the relevant authorities.

  • Inspector: Any person authorized by the competent Civil Defense administration to conduct inspections of the facility to ensure the proper application of the Civil Defense Law, Regulations, and instructions.

  • Inspection: The entry of the inspector or inspectors into the facility subject to inspection and their movement within it in accordance with the procedures stipulated in this Regulation, with the aim of ensuring that there are no violations of the Law, Civil Defense Regulations, or decisions issued in implementation thereof.

  • Facility: The entity being inspected, whether governmental or private.

  • Person Responsible for the Facility: The individual assigned by the facility to oversee the implementation of the Civil Defense Law, Regulations, or decisions issued in implementation thereof related to security and safety in the facility.

  • Violation: Any intentional or unintentional breach of any provision of the Civil Defense Law, Regulations, or decisions issued in implementation thereof.

  • Violation of Immediate Danger: Any violation that, if not urgently rectified, may cause harm to life, property, or the environment, including violations of technical and regulatory rules in the transport, handling, storage, manufacturing, or use of chemical materials such as explosives, flammable or toxic gases, oxidizing or radioactive materials, or corrosive substances, or flammable liquids or those that are combustible, or failure to comply with industrial production standards related to high-temperature or high-pressure sites or the use of toxic materials. The violation of immediate danger also includes breaches of instructions from the competent authorities regarding the disposal of waste and industrial residues, or those that expose workers to danger due to non-compliance with occupational safety and health standards, such as the failure to use personal protective equipment and provide a healthy environment.

  • Penalty: The penalty prescribed for each violation of the Civil Defense Law, Regulations, or decisions issued in implementation thereof.

Committees for Examining Violations: Article 2

Previous Amendments

Secretary of the Committee: Article 3

  • 1- The Committee shall have a Secretary from among the personnel of the Civil Defense, appointed by a decision from the Director of the Civil Defense Administration within whose jurisdiction the Committee operates.

  • 2- The Secretary provides technical and administrative support for the Committee's work, specifically including the following:

    • 1/2 Writing the minutes of the Committee and organizing its meetings administratively.

    • 2/2 Receiving visitors and answering their inquiries.

    • 3/2 Coordinating between the Committee and the concerned parties, both within and outside the General Directorate of Civil Defense, including scheduling sessions, and notifying about notices and decisions.

    • 4/2 Performing copying tasks, and maintaining and retrieving files.

    • 5/2 Preparing a file (both electronic and paper) specific to violations, which records the following:

      • - Violations with sequential numbers.

      • - Name of the violating establishment.

      • - Name of the owner of the violating establishment in full and their civil registration number.

      • - Date of the violation's detection and the date it was submitted to the Committee.

      • - Description of the violation.

      • - The penalty issued against the establishment.

      • - The ruling of the Board of Grievances related to it whenever an appeal is made before the Board.

Violations and Penalties: Article 4

A violation that warrants a penalty is any breach of any provision of the Civil Defense Law or its regulations or the decisions issued in implementation thereof. The General Directorate of Civil Defense shall establish a schedule of violations that takes into account the regulations governing the requirements of civil defense in various fields and activities.

Article 5

  • When assessing the Fine, consideration must be given to the proportionality between the Fine and the Violation, taking into account the mitigating and aggravating circumstances. The following are considered aggravating circumstances:

    • A- The severity of the Violation.

    • B- The repetition of the Violation.

    • C- The number of Violations.

    • D- If the Violation resulted in harm to lives, property, public health, or Public Order.

    • E- If the Violation was accompanied by an attempt to obstruct Inspection operations on the establishment or a lack of cooperation with the inspector.

    • F- If the commission of the Violation was intentional and not due to negligence.

    • G- The seriousness and nature of the establishment's work.

Procedures for Monitoring Violations and Investigating Them: Article 6

  • Inspections of establishments are conducted in accordance with the following controls and procedures:

  • 1- The inspection and control of violations of the provisions of the Civil Defense System and its regulations, as well as the decisions issued in implementation thereof, shall be carried out by inspectors who are required to have scientific and practical experience in inspection and violation control. They shall be appointed from among the personnel of the Safety Department of the Civil Defense by a decision from the director of the administration within whose geographical scope the committee operates. In cases of necessity, others from the personnel of other Civil Defense departments or individuals with special expertise may be utilized after obtaining the approval of the Director General of Civil Defense or his representative.

  • 2- The inspector must, before commencing inspection activities, introduce himself to the person responsible for the establishment or their representative or the safety officer in the establishment. He must wear the official uniform of the Civil Defense personnel during the inspection and display a clearly visible inspection badge issued by the competent Civil Defense authority on his chest.

  • 3- In order to control violations, the inspector has the right to enter establishments subject to the provisions of the Civil Defense System and its regulations, conduct inspections, and question the employees in the establishment. The responsible individuals in the establishments and their safety officers must provide all facilities that enable the inspectors to perform their duties.

  • 4- The inspector shall document the violations in an official report that includes the name of the violating establishment, a description of the violation, and the date and time of its detection. The report must be signed by the inspector, and the responsible person in the establishment or their representative or the safety officer present at the time of the violation detection must be allowed to write any observations they may have regarding the violation in the designated space in the report.

  • 5- The inspector must review the safety and fire prevention record of the establishment before starting the inspection, verify the accuracy of the data contained therein, and note any observations. After completing the inspection process, he must summarize the inspection report in this record. If there is no safety record in the establishment, he must document this in the inspection report.

  • 6- Inspections are conducted during the working hours of the establishment to be inspected, and in cases of necessity, inspections may be conducted outside of the establishment's working hours after coordination with other relevant authorities.

  • 7- The person responsible for the establishment or their representative or the safety officer present during the inspection is responsible for accompanying the inspector during the inspection. They have the right to write their observations at the time in the designated space in the inspection report and sign it. If they are not present, or refuse to accompany the inspector during the inspection, or obstruct the inspection process, the inspector shall, after documenting this in the inspection report, continue with the inspection procedures, and any observations made by the establishment after that will not be considered.

  • 8- If the person responsible for the establishment or their representative or the safety officer present during the inspection obstructs the inspector from carrying out the inspection procedures, the inspector must contact the relevant administration directly to take appropriate action.

  • 9- The inspector shall identify the violations and document them in the inspection report and notify the violator, in addition to setting a time frame for the establishment to rectify those violations, provided that such violations are not hazardous to lives and property.

  • 10- In the case of detecting a violation that poses an immediate danger, the inspector, after documenting this in the inspection report and in the safety record of the establishment, must demand that the responsible person for the establishment at the time of the violation in the establishment or the part or section that poses the danger rectify the violation immediately. If the responsible person refuses to comply with the order, the inspector shall document this in the inspection report and escalate the matter within a period not exceeding (24) hours to the director of the relevant administration in the Civil Defense.

  • 11- The director of the relevant administration, in the case mentioned in paragraph (10) of this article, if he confirms the danger of the violation and its threat to lives, property, or the environment, shall order the immediate closure of the establishment or the part or section that poses the danger until the violation is rectified. If the violator refuses or delays in rectifying the violation according to the order issued to them, they shall be summoned or their representative shall be summoned and investigated regarding the reasons for their refusal to close the establishment. The Civil Defense director may take necessary measures to immediately rectify the violation and charge the costs of rectification to the violator.

  • 12- If the inspector discovers during the inspection the existence of crimes punishable under other regulations, he must notify the head of the Safety Department through his reference to refer them to the relevant authorities for consideration.

  • 13- The inspector shall submit the violation report to the Safety Department (Unit) in the Civil Defense administration within whose geographical scope the committee operates, and the department or unit, based on what is included in it, shall refer the violation to the competent committee for consideration and imposition of the appropriate penalty.

  • 14- If the violator does not rectify the violation within the specified time frame, they shall be considered to have committed a new violation, and actions shall be taken regarding it as stated in paragraph (13) of this article.

Inspection of Government Facilities: Article 7

Without prejudice to the provisions of Article Six of this Regulation, the following controls shall be observed when inspecting government facilities:

1- Inspections shall be conducted on government facilities, establishments, and their branches, as well as the affiliated departments, in coordination with those entities whenever possible, with a minimum of one visit every six months.

2- If the inspection of the government facility and its branches and affiliated departments reveals violations of an immediate danger that necessitate its closure until the violation is rectified, the head of the Safety Department (Unit) in the Civil Defense Administration operating within the committee's jurisdiction shall personally conduct the investigation. If it is established that the Administrative Agency is unable or refuses to close the facility or the part or section that poses a danger, the matter shall be raised to the Director General of Civil Defense for discussion with the Minister or the head of the relevant authority.

3- If it is established during the inspection of the government facility and its branches and affiliated departments that the detected violations are due to negligence or shortcoming, this must be recorded in the safety log of the facility as well as in the report submitted to the Minister or the head of the relevant authority, specifying the degree of negligence and shortcoming.

4- The results of the inspection of the government facility and its branches and affiliated departments shall be submitted to the Minister or the head of the relevant authority, specifying the committed violations and the penalties determined by the Committee for each violation.

General Provisions: Article 8

The fines imposed under this Regulation enjoy the privileges that state debts possess, and all guarantees applicable to them shall apply. They may not be exempted or reduced except in accordance with the applicable regulations.

 

Article 9

An appeal may be filed against the decision issued regarding the penalty before the Board of Grievances within sixty days from the date the concerned party is notified of the decision.

Article 10

The inspector must accept reports and complaints that are submitted to him regarding all violations related to the Civil Defense System, regulations, and instructions. He must examine them and gather the relevant information in a process report signed by him and the reporter, and record a summary of it along with its date in a designated register. He must immediately inform the Public Prosecution and Investigation Authority if there are any criminal offenses. The inspector must personally go to the scene of the incident to preserve it, secure everything related to the crime, maintain its evidence, and carry out the necessary procedures as required by the situation. He must document all these procedures in the specific report.

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