Administrative coercive measures are taken when a rectification order issued by the rescue authority is neglected. The rescue authority may intensify their order by imposing a conditional fine or a notice of enforced compliance, in which the issue ordered to be rectified is taken care of at the concerned party’s expense.
Paying the conditional fine is not an alternative to complying with the rectification order. Even if the concerned party pays the conditional fine, this does not mean that the matter is resolved. Instead, the rescue authority will immediately begin preparing a new, heftier conditional fine. The rescue authority will continue imposing conditional fines until the issue has been rectified.
The amount of the conditional fine is affected by a number of factors, such as the nature and extent of the issue, the concerned party’s ability to pay and other potential aspects. Every conditional fine is imposed with case-specific discretion, whereby two operators may receive a different conditional fine for the same infraction. Conditional fines are not imposed to serve as punishment for neglecting an order; instead, they are intended as an incentive for rectifying the issue.
The easiest way to avoid a conditional fine is to immediately rectify the issue detected and then contact the fire inspector in charge of the case.
How does the process go?
If shortcomings, such as fire, evacuation or chemical safety issues, are found in the supervision of a building you are responsible for or, for example, a business you manage, the Rescue Authority will order them to be rectified.
The rectification order will be provided to you as an inspection record by either email or post. If you fail to fulfil the rectification orders by the due date or you do not provide the required proof of rectifying the shortcomings to the fire inspector, the rescue authority will resort to administrative coercive measures.
The use of administrative coercive measures always requires the authority to take two separate decisions. For example, in the case of a conditional fine, the conditional fine imposition decision must be made first, followed by the judgment decision. The Administrative Procedure Act requires that the concerned party be heard before an obligatory decision is made regarding them. This means that the concerned party will be heard both in connection with the imposition decision and the judgment decision. All in all, the process will be carried out in four stages:
• Hearing in the imposition phase
• imposition decision
• hearing in the judgment phase
• judgment decision.
A record of each stage shall be sent to the concerned party.
The purpose of the hearing is to give the concerned party an opportunity to comment on a decision regarding them and to provide grounds for why a fire safety deficiency, for example, has not been rectified. An administrative appeal cannot be filed for a hearing, but a request for administrative review can be submitted to rectify a typing error or similar.
Decisions are binding. They can be appealed to the Administrative Court within the appeal period. The minutes of the hearing shall be sent electronically, but the minutes of the decision must be served verifiably. In practice, this means a registered letter, with acknowledgement of receipt, that must be collected at a Posti location. If you do not retrieve the letter after receiving the notification, the record will be served to you by a bailiff of the district court.
Once the judgment decision has been taken, paying the conditional fine or notice of enforced compliance can no longer be avoided. With regard to conditional fines, the rescue authority will immediately start preparing a new conditional fine. You can avoid new conditional fines by correcting the deficiencies immediately.
You may contact the fire inspector you have been dealing with for further information.
Read more
The Rescue Act
Administrative Procedure Act
Act on Conditional Fine
