Responsibility of the investor when an apartment fire occurs

After the terrible fire at Carina Plaza apartment building, many people wonder whether the apartment building put into use must ensure fire prevention and fighting safety (PCCC). During use, how will the PCCC system be maintained? What are the regulations in our country's law on these contents, lawyer?

Lawyer Nguyen Doan Hung:According to the provisions of Appendix IV of Decree 79/2014/ND-CP: High-rise buildings (except family houses) must have their fire prevention and fighting designs approved.

Images after the Carina Plaza apartment fire.

BaseArticle 15 of the Law on Fire Prevention and Fighting 2001 (amended 2013)on design and design approval of fire prevention and fighting.

"1. When planning, constructing new or renovating urban areas, residential areas, special economic zones, industrial parks, export processing zones, and high-tech zones, there must be solutions and designs on fire prevention and fighting that ensure the following contents:

a) Construction site, layout of areas and lots;

b) Traffic and water supply systems;

c) Arrange suitable locations for fire prevention and fighting units where necessary;

d) Budget estimates for fire prevention and fighting items.

2. When establishing a project, designing new construction, renovation or changing the nature of use of a building, there must be solutions and designs on fire prevention and fighting that ensure the following contents:

a) Construction site, safety distance;

b) Escape system;

c) Technical safety system for fire prevention and fighting;

d) Other requirements for fire prevention and fighting;

d) Budget estimates for fire prevention and fighting items.

3. Projects and designs specified in Clause 1 and Clause 2 of this Article must be approved for fire prevention and fighting."

Thus, when renovating, building or carrying out construction works, it is necessary to ensure that all fire prevention and fighting measures are fully implemented. Apartment buildings are one of the buildings in residential areas, where the population density is often high, so fire prevention and fighting inspections must be strictly followed.

During operation, apartment buildings must ensure strict implementation of the requirements in Article 17 of the 2001 Fire Prevention and Fighting Law, as follows:

"1. Housing must have electrical systems, cooking stoves, and places of worship that ensure safety; flammable and explosive substances must be kept away from fire and heat sources; conditions and means must be prepared to be ready for fire fighting.

2. Villages, hamlets, villages, and residential groups have regulations and rules on fire prevention and fighting, on the use of electricity, fire, and flammable and explosive substances; have fire prevention solutions; have plans, forces, and means for fire prevention and fighting; have roads and water sources for fire fighting."

Panorama of the horrific fire at Carina apartment building, 14 people died

A fire suddenly broke out in the basement parking lot of Carina apartment building, District 8, Ho Chi Minh City in the early morning of March 23, causing thousands of people to panic and flee, killing 14 people and injuring 28 others.

In the Caria apartment fire in Ho Chi Minh City, is the building investor responsible for compensation for damages? In particular, in cases of death, what rights are their relatives entitled to?

Lawyer Nguyen Doan Hung:In this matter, it is necessary to clearly verify which organization or individual is at fault (cause of the fire). In case the fault lies with the Investor or Building Management Board, they must compensate the relatives of the deceased for the following:

- Compensation for damage caused by infringement of life

Reasonable costs for treatment, rehabilitation, health restoration and lost or reduced functions of the injured person;

Actual lost or reduced income of the injured person; if the actual income of the injured person is unstable and cannot be determined, the average income of the same type of worker shall be applied;

Reasonable expenses and actual lost income of the person caring for the injured person during the treatment period; if the injured person loses the ability to work and requires regular care, the damages include reasonable expenses for caring for the injured person;

Reasonable costs for burial;

Maintenance for those whom the injured person is obligated to support;

Other damages as prescribed by law.

- Mental damage

Another amount of money to compensate for mental damage to the relatives in the first order of inheritance of the injured person, if there are no such people, the person who the injured person directly raised, the person who directly raised the injured person shall receive this amount. The level of compensation for mental damage shall be agreed upon by the parties; if no agreement is reached, the maximum level for a person whose life has been violated shall not exceed one hundred times the basic salary prescribed by the State.

What is the responsibility of the security force, the Management Board and the investor of the apartment building in this incident, lawyer?

Lawyer Nguyen Doan Hung:The issue of responsibility must clearly determine whose fault it is.

First case, due to electrical short circuit or damaged equipment of the building leading to fire or explosion, in this case the fault lies entirely with the Investor.

The Investor's fault is considered in the following aspects:

- Construction and installation of equipment not in accordance with the original design standards of the building.

- Equipment does not meet quality requirements (using poor quality equipment or even using counterfeit goods) or is not regularly inspected and maintained, so it does not meet operating standards.

- The fire alarm and fire fighting system is not working or is not working as designed or required by fire prevention and fighting.

- Handling incidents not in accordance with fire prevention and fighting procedures and regulations as prescribed by competent authorities.

- There are also some other reasons such as the Investor does not comply with the regulations and decisions of the Fire Prevention and Fighting Police Department such as upgrading equipment, adjusting design...

If the Investor fails to ensure fire prevention and fighting during the construction design, the Investor shall be responsible for compensating for all damages to property, health and life of the victims.

Second caseIf a resident's property spontaneously catches fire or causes a fire, the fault is determined to be a mixed fault (the investor and the individual who owns the property causing the fire are both at fault).

The individual's fault in this case is unintentional. However, according to the provisions of the Civil Code, whether intentionally or unintentionally causing damage to others, compensation must be paid.

The investor was determined to be at fault (intentional in the act but not intentional in the consequences) because the fire prevention and fighting system did not work or did not work effectively, leading to the fire spreading and increasing the damage. If this system had worked well, as designed or required by the management agency, the damage would certainly have been limited.

Thank you lawyer!