Supplementary Law nº 1.257/2015
Supplementary Law nº 1.257/2015, in effect since January 07, 2015, established the São Paulo State Code against Fires and Emergencies, implementing new rules and standards for the prevention and protection against fires and related emergencies. It also establishes new licensing procedures applicable to application for permits from the Military Fire Department of São Paulo ("Fire Department"). The main aspects of this new law are:
LICENSING
The licensing of any commercial or, industrial building as well as residential developments continues to be mandatory. Each such property must apply to the Fire Department for an Inspection Certificate ("AVCB"). The AVCB is a document that certificates that a building located in any real estate property is legally licensed and meets the applicable fire safety and related emergency requirements.
The AVCB is ordinarily valid for a term of 03 (three) years, but its expiration may vary according to the level of risk verified in the relevant property.
MANDATORY INSPECTION
The Fire Departmentis authorized to inspect any property subject to licensing at any time to investigate potential breaches. Before the effectiveness of this law, the inspection was only possible upon the request from the property owner or in case of a proven emergency.
If any breach of fire safety rules is found, the Fire Department may apply monetary fines and also direct the case to the relevant Municipality to shut down the property until the breach is remedied.
APPLICABLE PENALTIES
There is a series of penalties and sanctions applicable in case of any violation of fire safety requirements brought by the new law, including cancellation of the AVCB and monetary penalties.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
