Fire Code Violation Defense in Georgia | Legal.ge

FireCodeViolationDefense

Who goes to jail if a fire occurs at my business?

The person legally responsible for fire safety compliance faces charges. This could be the owner, director, tenant, or a designated safety officer, depending on contracts and roles.

What if the fire was caused by an employee''s mistake?

If the employer provided proper training and equipment, and the employee grossly violated rules, the employer might avoid liability. However, lack of supervision can still be a crime.

What constitutes "significant damage" under Art. 243?

Significant damage refers to substantial financial loss caused by the fire. The exact threshold is determined by financial and engineering expertise.

Can I rely on the fire department''s inspection report?

The official report is evidence, but it can be challenged. An independent expert can offer a different conclusion regarding the cause and liability.

Fire Safety Violation Defense: Criminal Liability and Protection

Fire safety is one of the most strictly regulated areas in Georgia, especially following recent tragic incidents. Legislation imposes strict requirements for commercial, residential, and industrial facilities alike. Violation of fire safety rules that results in a fire and significant material damage, or in more severe cases—injury or death—constitutes a criminal offense. Liability can be imposed on the property owner, director, manager, or the designated safety officer. Business owners often mistakenly believe that the lack of fire systems will result only in administrative fines, but in the event of an actual incident, the matter immediately shifts to the criminal realm.

Cases in this category are characterized by high technical complexity. The investigation relies on fire engineering expertise, which determines the origin of the fire, the cause, and the causal link between the violation of safety norms and the outcome. Without a lawyer, it is difficult for the accused to navigate specific technical details and prove that they took all reasonable measures to ensure safety.

What Does Defense in Fire Safety Cases Cover?

Lawyers registered on the Legal.ge platform offer specialized legal assistance for cases under Article 243 of the Criminal Code:

Analysis of Expert Reports: The lawyer thoroughly examines the fire expert''s conclusion. An independent, alternative expertise is often required to determine the real cause of the fire (e.g., faulty wiring vs. arson).
Documentation Audit: Reviewing safety logs, evacuation plans, fire equipment inspection acts, and staff briefing documents to confirm that the responsible person fulfilled their duties.
Delineation of Liability: The defense strategy is often based on the correct distribution of liability among the owner, tenant, and safety manager. The lawyer clarifies who was responsible for adhering to a specific norm under the contract.
Representation in Investigation and Court: Active defense during interactions with the Emergency Management Service and investigative bodies.

Common Situations and Real-World Scenarios

Charges of violating fire codes often arise in the following cases:

Hotels and Restaurants: A fire in a kitchen or room that could not be contained due to the absence or malfunction of fire extinguishers, causing building destruction or injury to guests.
Warehouses and Factories: Improper storage of flammable substances leading to a massive fire and damage to neighboring buildings.
Faulty Wiring: Operating an old or non-compliant electrical grid in a commercial space, which becomes the ignition source.
Blocked Emergency Exits: A critical situation where people could not leave the building during a fire due to locked or obstructed emergency exits.

Georgian Legislation and Legal Framework

Violation of fire safety rules is regulated by Article 243 of the Criminal Code of Georgia. If the violation results in significant damage, the punishment can be a fine or imprisonment for up to 3 years. If the violation results in death or other severe consequences, the sentence increases to 5 to 8 years, and in the case of two or more deaths—6 to 10 years. Alongside criminal liability, the Government of Georgia Decree on Fire Safety Rules and Conditions (No. 370) applies, defining technical standards. In a criminal case, the prosecution must prove that the violation of this specific technical regulation was the direct cause of the severe outcome.

Process: What to Expect When Working with a Specialist

As soon as a fire occurs, an investigation begins on site. Forensics and fire experts collect samples. Engaging a lawyer at this stage is critical to ensure objective sample collection. The lawyer requests access to procedural documents and appoints an alternative expertise. In court, the defense will try to prove that the fire was an accident and not negligence, or that liability lies with a third party (e.g., a tenant who violated the rules). If the outcome is severe, the lawyer works with victims on compensation, which is a prerequisite for sentence mitigation.

Why Choose Legal.ge?

Fire safety cases require specific technical and legal knowledge. Legal.ge gives you access to lawyers who have experience working on similar cases and can effectively protect your interests. Do not risk your freedom and business reputation—find a qualified defender on Legal.ge.