Law No. 25.054. Modification.

Original Language Title: Ley Nº 25.054. Modificación.

Read the untranslated law here: https://www.boletinoficial.gob.ar/#!DetalleNorma/10576685/20160703

VOLUNTEER firefighters volunteer firefighters Act 26.987 law Nº 25.054. Modification. Sanctioned: 17 September of 2014 fact promulgated: 24 October 2014 the Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. they attest to the force of law amendment of the law 25.054, of FIREMEN volunteers mission and functions article 1 ° - amending article 1 of the law 25.054, which will be drafted in the following way: article 1: this law regulates the mission and organization of the national system of volunteer firefighters throughout the national territory and its relationship to the national State through the national protection of the Ministry of Security National Civil , or the agency that, in the future, replace it, providing the necessary economic aid that allows its representation, as well as the proper equipment and training of his men for the purpose of optimizing the provision of services, free of charge to the entire population in situation of claims or catastrophes.
Article 2 ° - amending article 2 of law 25.054, which will be drafted in the following way: article 2: volunteer fire associations, which are defined in the present as first grade entities, will be mission prevention and firefighting and operative intervention for the protection of life or property resulting attacked by claims of natural origin accidental or intentional. They will be specific functions of associations of volunteer firefighters: a) integration, equipment and training of fire brigade aimed at providing services; (b) the prevention and control of accidents of all type within their jurisdiction; (c) instruction of the people, by all means at its disposal, with regard to the prevention of all kinds of sinister, tending to create true awareness in this regard; d) to become the operational forces of civil protection at the municipal, provincial and national level;
(https://www.boletinoficial.gob.ar/pdf/linkQR/UDN3aGhqNTZlYWxycmZ0RFhoUThyQT09 e) document their interventions.
Article 3 ° - amending article 3 of the law 25.054, which will be drafted in the following way: article 3: recognize the character of public services, provided on a voluntary basis, to the specific activities of the fire brigades of the associations of volunteer firefighters who, as legal persons of public and non profit, operate throughout the national territory. The activity of the volunteer firefighter is outside the rules of labour law.
Article 4 ° - amending article 4 of the law 25.054, which will be drafted in the following way: article 4: recognise the federations of associations of volunteer firefighters as second grade entities, representatives of associations of volunteer firefighters that gather.
Article 5 ° - amending article 5 of the law 25.054, which will be drafted in the following way: article 5: recognize the Council of federations of volunteer firefighters of the Argentina Republic as a single entity in third grade, representative to the national and international public authorities of the federations of associations of volunteer firefighters and provincial systems than they grouped. Reconocense the symbols, uniform, system only of ladder hierarchical and nomenclatures that for your application dictate.
Article 6 °-modify is the article 6 ° of the law 25.054, which will be drafted of the following way: article 6 °: recognize is to the Foundation fire of Argentina as entity doomed to the generation of programs and actions aimed to the welfare of them fire and bomberas, as well as of them managers of them entities recognized in them articles previous. At the request of firefighters volunteers of the Republic Argentina National Academy, you can intervene in academic training programs for firefighters and managers.
Authority of application article 7 °-modify is the article 7 ° of the law 25.054, which will be drafted of the following way: article 7 °: them entities mentioned in them articles 2 °, 4 °, 5 ° and 6 ° of this law make up the system national of firefighters volunteers (SNBV). To enjoy the benefits derived from the system, they must comply with the complementary provisions that established the National Executive in its proper regulation, according to the proposal raised by the National Directorate of Civil protection and the entity recognized by article 5 of the present branch. Reconocense symbols, uniforms and markings as unique to this activity and https://www.boletinoficial.gob.ar/pdf/linkQR/UDN3aGhqNTZlYWxycmZ0RFhoUThyQT09 identifying of Elena volunteer system of the Republic of Argentina.
Article 8 ° - amending article 8 of the law 25.054, which will be drafted in the following way: article 8: the National Directorate of Civil protection, as enforcement authority, will be responsible for carrying out a register of entities of volunteer firefighters, for the purposes of monitoring compliance with requirements under article 7 of this law; to grant, suspend or withdraw the mentioned recognition.
Article 9 ° - amending article 9 of the law 25.054, which will be drafted in the following way: article 9: created in the scope of the Council of federations of firemen volunteers of the Republic Argentina, the only record of Argentine fire (RUBA), which must collect and manage information related to human resources, materials, and services provided by the national system of volunteer firefighters.
ARTICLE 10. -Amend article 10 of the law 25.054, which will be drafted in the following way: article 10: recognition in the field of the Council of federations of volunteer firefighters of the Argentina Republic National Academy of training of volunteer firefighters, representative body of Federal training systems, that mission will coordinate the training of firefighters, volunteers and managers of all levels policy and manage the resources that are used in the present to that end. You can also develop training and/or dissemination programmes aimed at people or legal entities outside the SNBV.
Subsidies and exemptions article 11. -Amending article 11 of the law 25.054, which will be drafted in the following way: article 11: the subsidy system associations Elena volunteer of the Argentina Republic be formed with a compulsory contribution of five per thousand (5‰) of insurance premiums except the field life, in charge of the insurance companies. This contribution may not be portable to the premiums payable by policyholders and will be paid by insurers to the National Superintendency of insurance still apply the regime established in article 81 of Decree-Law 20.091 for flat rate. The Superintendent of insurance of the nation will turn the amounts collected to the account referred to in article 13 of this law.
ARTICLE 12. -Amending article 13 of the law 25.054, which will be drafted in the following way: article 13: the resulting overall amount of levy provided for in article 11 will be distributed from https://www.boletinoficial.gob.ar/pdf/linkQR/UDN3aGhqNTZlYWxycmZ0RFhoUThyQT09

According to the system which then determines: 1. the seventy-eight percent (78%) should be distributed equally between first grade entities referred to in article 3 of this law, with exclusive destination to the acquisition of materials, equipment, costumes and other items intended for the fight against the fire and civil protection , as thus also to the conservation and maintenance in perfect state and conditions of use of the same. 2 twelve percent (12%) shall be distributed to the provincial federations of associations of volunteer firefighters that integrate the Council of federations of volunteer firefighters of the Argentina Republic, proportionally according to their affiliates, with destination a: a six percent (6%) of the total investments needed for its operation and a six percent (6%) of the total costs of their training schools. 3. the two percent (2%) will be destined to the authority of application to be assigned to expenses of control of them entities, the establishment of centres regional of control and acquisition of goods that allow the compliance of them obligations that you imposes it normative existing. 4. the six percent (6%) will be destined to the Council of federations of fire volunteers of the Republic Argentina, with destination exclusive to it Academy national of training of fire volunteers for complete them functions that sets the entity of training established in the article 10 of the present. 5. the two per cent (2%) is for the body of the third degree for operating expenses and representation of the entity and of compliance with the obligations imposed on him by this Act. (He Council of federations of fire volunteers must give compliance to it established in the article 8 ° subsection d) of the law 24.156 modified by it law 25.827, so will be of application them provisions of the mentioned law of Administration financial of the State national in it relative to the accountability of accounts of them funds that is distribute corresponding to the subsidy regulated by the present law. It will be a matter of competence of the General audit of the nation subsequent external control of budgetary, economic, financial, patrimonial and legal management; of the funds allocated under this law with character of subsidy and that correspond to the contribution provided for in article 11.
ARTICLE 13. -Amending article 14 of the law 25.054, which will be drafted in the following way: article 14: all equipment, material or goods destined for the service purchased through subsidies of this law, must be inventoried in a record to the effect of the National Directorate of Civil protection, which is responsible for the respective control. Every donation that is made by a physical or legal person to authorities set forth in articles 2 °, 4 °, 5 ° and 6 ° of this law, shall enjoy profit established in subsection c) Article 81 of law 20.628 (t.o. Decree 649/1997) and its modifications. Funding under this law to the entities referred to in articles 2 °, 4° and 5 ° as also goods that integrate the heritage of the same, shall be unattachable and unenforceable. The imprescriptible and unenforceability referred to in this article does not reach to the funds corresponding to the firefighters Foundation of Argentina.
Compensation and benefits article 14. -Amending article 16 of the law 25.054, which will be drafted in the following way: https://www.boletinoficial.gob.ar/pdf/linkQR/UDN3aGhqNTZlYWxycmZ0RFhoUThyQT09 article 16: volunteer firefighter condition cannot be considered incompatible with any other activity nor harmful to the man who exercised it. The Ministry of education will make official recognition of certificates issued the National Academy for training of firemen volunteers of the Argentina Republic, adjusted to programs and systems of exams approved in advance. The Ministry of labour, employment and Social Security shall establish relevant standards for the purpose of recognizing the volunteer firefighter, according to their courses and specialties, such as enabling to perform specific tasks.
ARTICLE 15. -Amend article 17 of the law 25.054, which will be drafted in the following way: article 17: the activity of the volunteer firefighter must be considered by its public and private employer as a public charge, exempting the volunteer firefighter's economic, employment or conceptual damage arising from his absences or arrivals late because of the performance of the service. Absences by pedagogical function to call for any of the systems of training may not exceed ten (10) days per calendar year and must be formally supported.
ARTICLE 16. -Modified article 22 of law 25.054, which will be drafted in the following way: article 22: emergency of provincial or national jurisdictional character that convening the forces of volunteer firefighters organized, in between the official call and the return of forces to their respective bases, involved volunteer fire personnel will be considered how mobilized and employment situation , as public charge for their employers.
ARTICLE 17. -Amending article 23 of the law 25.054, which will be drafted in the following way: article 23: in any intervention where bodies of volunteer firefighters need to perform specific tasks, for the purposes of protect, preserve and prevent evils over the life and health of people as also protect the ecosystem attacked by substances or hazardous materials , within its jurisdiction operational, will be empowered to operate against them owners, carriers, companies insurance or responsible of them elements causing of the sinister to them effects of compensate is of them expenses, deterioration and loss of them locker rooms, elements and vehicles affected, both own as contracted to third, besides them elements or substances applied to neutralize them materials spilled. The same right shall be associations of volunteer firefighters who by express request of the public authority of another jurisdiction, whether provincial or interprovincial, affected by a claim that does not have a body of fire or specialized personnel in such tasks and resorting to the nearest one which is able to intervene.
Transitional provisions article 18. -Amending article 26 of law 25.054, which will be drafted in the following way https://www.boletinoficial.gob.ar/pdf/linkQR/UDN3aGhqNTZlYWxycmZ0RFhoUThyQT09: article 26: the Executive power shall regulate in no later than one hundred and eighty (180) days of sanctioned this Act, with the participation of the Council of federations of volunteer firefighters of the Argentina Republic.
ARTICLE 19. -Amending article 27 of the law 25.054, which will be drafted in the following way: article 27: invite provinces and the autonomous city of Buenos Aires to adhere to this law.
ARTICLE 20. -Communicate to the national executive power.
-REGISTERED UNDER NO. 26.987 - GIVEN IN THE CHAMBER OF THE CONGRESO ARGENTINO, BUENOS AIRES, TO THE SEVENTEENTH DAY OF SEPTEMBER IN THE YEAR TWO THOUSAND FOURTEEN.
AMADO BOUDOU. -NORMA A. ABDALA DE MATARAZZO. -Lucas Chedrese. -John H. Estrada.

Date of publication: 03/11/2014 https://www.boletinoficial.gob.ar/pdf/linkQR/UDN3aGhqNTZlYWxycmZ0RFhoUThyQT09