System Federal's Handling Of The Fire. Creation.

Original Language Title: Sistema Federal de Manejo del Fuego. Creación.

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MANAGEMENT of the fire management of the fire Law 26.815 system Federal's handling of the fire. Creation. Sanctioned: 28 November 2012 promulgated: 10 January 2013 the Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. sanction with force of law: law's handling of the fire chapter I provisions general article 1 °-object. This law establishes the budget minimum of environmental protection in rural and forest fires in the area of the national territory.
Article 2 ° - scope of application. This law applies to the actions and operations of prevention, quality and combat of forest and rural fires that burn vegetation alive or dead, implanted and native forests, protected areas, agricultural areas, meadows, grasslands, scrub and wetlands and areas where the building structures are interspersed with vegetation outside the strictly urban or structural environment. It also reaches to planned fires, which burn under environmental conditions previously laid down, and for the achievement of the objectives of management of a territorial unit.

Chapter II system FEDERAL fire management article 3 ° - creation. Create the system Federal of fire management which will be integrated by the national fire management, dependent of the national authority for the application of this law; them provinces and the city autonomous of Buenos Aires, through the agencies that determine, and the administration of parks national. The Federal system of fire management will be coordinated and managed by the national fire management.
Article 4 ° - objectives. The system Federal of fire management, the following objectives are: a) General. I protect and preserve the environment from damage generated by fires; II. ensure the safety of the general population and those affected to fire fighting; III. establish mechanisms for efficient intervention by the State in situations that involve or require actions and operations of prevention, quality and fire that will ensure the proper management of the fire. (b) specific. I establish mechanisms for an efficient fire management in defense of the environment; II. coordinate and assist technical and operationally to them bodies national, provincial and of it city autonomous of Buenos Aires, competent in them tasks of the management of the fire, with the purpose of promote an organization federal efficient and capable of give response adequate in them different levels of contingency, favoring areas regional of performance; III. promote the awareness of the population about the impact of the uses of fire, encouraging environmentally harmful habits change.
Article 5 ° - national enforcement authority. National authority of this Act is the Secretary of environment and sustainable development of the nation or the body that replaces it.
Article 6 ° - competent authorities. Competent authority of this law is to be determined by each jurisdiction. In the case of the areas protected covered by the law 22.351 of parks national, is authority competent it administration of parks national.
Article 7 ° - regionalization. To them effects of the implementation of the system Federal of handling of the fire and to achieve a better planning and optimization of them resources and media available, the system is ordered territorially in regions. These are organized by grouping jurisdictions with similar fire regimes and considering the operational convenience of which each jurisdiction belong to a single Region.
Article 8 °-joint. National enforcement authority articulate, in the scope of the Federal Environment (COFEMA) Council, the implementation of preventive policies, support for fire management strategies, the alert early and rapid and effective fire, for the purpose of making possible combat maintain ecosystems and their processes with comprehensive management.
Article 9 ° - Advisory Council. To them effects of manage the system Federal of handling of the fire, the authority national of application shall convene a (1) Council Advisor, integrated by them representatives of them organizations provincial of handling of the fire, as well as by them respective of the administration of parks national and of the city autonomous of Buenos Aires. The national enforcement authority may convene other governmental and non-governmental organizations to participate in the same.
ARTICLE 10. -Planning. The fire protection plan through the implementation of fire management plans according to the following levels of scope: to) Local: each of the provinces and national parks. These plans must contain as a minimum: i. planning specific activities and the allocation of roles and functions for the realization of the objectives of the system; II. conditions for intervention in each of the levels of performance; III. operational measures of prevention, quality and suppression, according to the degree of danger of fire; IV. methods of quantification and evaluation of claims; V. Terms and conditions for the use of the mass media in order to provide the population recommendations and instructions for your personal protection and the resources affected; VI. mechanisms of citizen participation in the Federal system of fire management. (b) regional: is established by the regions formed according to article 7 of this law; integrating local plans. These plans must contain as a minimum: i. planning specific activities and the allocation of roles and functions for the realization of the objectives of the system; II. mechanisms of joint activities between jurisdictions that compose it and other bodies that develop activities related to the management of the fire in the Region and with the national service; III. operational measures of prevention, quality and suppression according to the degree of danger of fire in the Region. (c) national: it is established by the national fire management service, integrates regional plans and provides at least the following contents: i. planning specific activities and the allocation of roles and functions for the realization of the objectives of the system; II. mechanisms of joint activities with the regional planning and other organisms that develop related activities in the country; III. mechanisms of articulation, of cooperation and assistance from other countries; IV. the operational measures of prevention, quality and suppression according to the degree of danger of fire in the Region. d) national system of early warning and assessment of fire danger: according to a system of degrees of fire hazards, it has as purpose anticipated conditions of the severity of the fire season, and inform staff of combat on critical situations that could endanger their lives and the lives and property of the communities potentially threatened by fire. Information from the national system of early warning and assessment of risk of fire must be systematic and be available to all jurisdictions.

CHAPTER III FEDERAL FIRE MANAGEMENT SYSTEM INTEGRATION ARTICLE 11. -Assistance programs. Local jurisdictions and the national parks Administration will have access to the following programmes of assistance in accordance with the regulations: to) support and coordination of plans and actions to deal with fires; (b) technical and operational assistance in training, acquisition of equipment, availability of purchased services, financial contributions and joint education and prevention campaigns to develop the system of fire management in their jurisdictions; (c) assistance and collaboration of the local institutional strengthening fire management system; (d) assistance of the nation in the instances of evaluation and determination of the damage suffered as consequence of them fire.

ARTICLE 12. -Obligations of local jurisdictions. (The jurisdictions local must: to) determine the authority competent in the application of the present law; b) nominate one (1) the competent authority responsible for system Federal's handling of the fire; (c) develop a jurisdictional Plan for fire management; (d) designate the heads of fire who, on the ground, has control of the resources allocated, jurisdictional and regional, and responsibility for the coordination of actions to control and extinguish the fire; (e) organize a system of registration of the main operational decisions in each fire combat and provide data and systematized information you required; f) locally deploy the national system of early warning and assessment of risk of fire; (g) organize a system of detection, communication, alarm and clearance; (h) implement devices initial and extended attack fire fighting; (i) coordinate the support logistics, the health and the safety in them operating; (j) keep informed to the population on the State of the situation and the behavior of security to adopt; k) promote research into the causes of fires; (l) respond, based on its operational possibilities, with staff and material resources to call for mobilization by the corresponding regional coordination.
ARTICLE 13. -Fire Chief. The fire chief has the following duties, powers and responsibilities: to) all the information on the fire and report it to higher authorities; b) assess the situation of the State of the fire; (c) driving the actions of combat; d) have the activation of the necessary mechanisms of suppression; (e) request the involvement of security forces and Civil Defense; (f) request the Court of the transit on routes provincial or national; (g) request traffic in railway cutting; (h) authorize, in the case of emergency, the confiscation or temporary occupation of the goods and/or elements necessary for the fire; (i) authorize, in an emergency, entering private land; j) authorise cutting fences, fences, gates, gates or other means of access in private-owned land; k) request to the competent authority, the call for national, provincial, municipal and private agencies for collaboration with staff or elements necessary for fire fighting; (l) request the assistance of the nearest police force to the application of the provisions of articles 35 and 36 of the Act 13.273 (t.o. Decree 710/95) defense of the forest wealth. In any call to civil case may assign tasks of direct extinction of the line of fire, reserving this collaboration for logistical and support tasks.
ARTICLE 14. -Regulation of uses and activities. Local jurisdictions shall regulate the use of fire according to the characteristics of the area, the level of risk, the reasons for the activity and to the jurisdictional plans. Such regulations may prohibit or subject to prior administrative authorization, temporarily or permanently, the uses and risky activities or establish the conditions which must comply with the provisions in this law and in the Law 26.562 burning activities control.
ARTICLE 15. -National parks administration. The national parks administration, in accordance with the legislation governing it and its regulations, will be part of the Federal fire management system with own structures and its specific organization, adjusting their actions to the provisions of this law.

CHAPTER IV OBLIGATIONS OF INDIVIDUALS ARTICLE 16. -Complaint. Any person who has knowledge of a fire reached by this law have been obliged to formulate the complaint immediately to the nearest authority.
ARTICLE 17. -Due care. Every person should exercise the care of natural resources in the realization of uses or activities with fire, respecting prohibitions and limitations set out in the regulations.
ARTICLE 18. -Preventive works. The authority competent will determine them people physical or legal, public or private forced to allow the realization or deployment in their land of the infrastructure of prevention and combat, such as ways of access, deposits or reserves of water, area of landing of helicopters u others; and to perform other preventive work to be determined necessary.
ARTICLE 19. -Protection plans. The authority competent will determine them people physical or legal, public or private forced to develop e implement in their properties plans of protection for them land involved depending on them criteria of vulnerability that define the regulation of this law, which you will be presented for your approval. Such authority shall determine the requirements of the plans.
ARTICLE 20. -Forestry promotion programs. Beneficiaries of public funds under regimes of protection of natural resources, forestry promotion or protection of biodiversity, should be incorporated in a plan of fire protection as a prerequisite for approval. article 21. -Confiscation. In case of emergency, wildland firefighting personnel is authorised to proceed with the confiscation or the temporary occupation of the goods necessary for the extinction of the claim. In such cases, the staff has access to private land and adopts the measures necessary and conducive to achieving this goal. Individuals have an obligation to collaborate with the measures taken.
ARTICLE 22. -Rearrangement and repair. Responsible for the environmental damage that fire will have the obligation to recompose and take the repair measures which, in each case, are necessary for the recovery of the areas burnt in the terms of articles 27 and 28 of the law 25,675, general law on the environment.

CHAPTER V NATIONAL SERVICE OF FIRE MANAGEMENT ARTICLE 23. -Creation. Created the national fire management dependent on the national enforcement authority, with powers and functions established by this law, and service according to the structure, status and working arrangements of the national staff of forest and rural fires provided for in the regulation of this law.
ARTICLE 24. -Duties and functions. Powers and functions of the national fire management: to) establish technical guidelines and operations of the system, coordinating their planning with the regional coordinators, local jurisdictions and the administration of national parks; b) make the National Fire Management Plan; (c) develop and implement a program of competency and continuing education which observe the particularities of each of the regions. The program must standardize the knowledge and define work experience required, to ensure the suitability of the staff performing fire combat functions in organisms that comprise the system Federal of fire management; (d) develop and implement a national system of early warning and assessment of risk of fire; (e) develop a system of information of fire management that facilitates the adoption of policies consistent with the purpose of this law, gathering and organizing the information of occurrence of fire, the distribution of resources and related to the topic mapping; f) develop a program of strengthening operational, promoting a level of organization, and incorporation of equipment and technologies that ensure the safe and efficient performance of land and air resources in support of fire fighting; (g) establish mechanisms that ensure the right to public information and participation in the development and implementation of the system; (h) promote technical scientific programs in topics aimed at management of the fire in accordance with the objectives of this Act; (i) coordinate with relevant national agencies support these to the system; j) channel mutual assistance with other countries, specifying conventions of mutual aid, cooperation and Exchange, in relation to research and technological development, vocational and technical training, and operational assistance; k) set the budgetary requirements at the level of Regional coordination with Member provinces; (l) manage the budget assigned by the national enforcement authority, according to the requirements of the agencies that make up the system; (m) provide technical assistance to the initiatives of civil society and the private sector for the formation of organizations of protection and fight against forest fires.
ARTICLE 25. -National brigades. The national fire management service has national brigades which constitute the national reserve of fire fighting. They are equipped with a structure and functionality that allow local jurisdictions to attend and provide a prompt response to fire control, with appropriate and proportionate means to the magnitude of these. Its scope is nationwide, which must be properly trained and trained, and can act on local jurisdictions only at the request of their authorities.

ARTICLE 26. -Regional coordination. The national fire management service has regional coordinating bodies whose functions are: to) exercise the representation of the national enforcement authority to the authorities of the local jurisdictions that make up the Region, acting as a liaison between both levels; (b) establish regionally them guidelines technical and operating of the system Federal's handling of the fire, coordinating their planning with the jurisdictions local; (c) to coordinate the involvement of the regional media to assist local jurisdictions; d) make the respective regional fire management plans; (e) local jurisdictions provide the technical support suitable for the regional implementation of the national system of information on the fire management; f) regionally implement a national system of early warning and assessment of risk of forest and rural fires; (g) promote the adoption of modalities and methodologies standardized in accordance with the characteristics of the Region; (h) provide cooperation and assistance in the implementation of programs scientific and technical in the handling of the fire; (i) scheduled its annual budgetary requirements according to local jurisdictions that compose them.
ARTICLE 27. -Levels of intervention. The conditions and modalities of action of different jurisdictions that comprise the national fire management system are characterized in the following levels: a) level I: is the phase of initial attack of all fire originating within the territory of a local jurisdiction or the national parks administration, corresponding to those authorities suppression tasks. (b) level II: when the authority competent or the administration of parks national consider timely asked support to the service national of handling of the fire through the coordination Regional corresponding. Regional coordination contents 14(bis) will provide the means to put at the disposal of the affected jurisdiction the personal, materials and equipment at its disposal, own or from other members of the regional organisation of jurisdictions. Regional coordination adhere to procedures of mobilization, operations, demobilization and logistical and technical support provided for in their operational plans. (c) level III: when, by the magnitude of the disaster, its duration or complexity, would be surpassed the capacity of response of the previous level, Regional coordination will ask the National Center, with the agreement of the competent authorities, the opening of the present level of national action and the involvement of extra-regional resources. The national fire management service will evaluate the possibility and desirability of involvement of human and material resources of any Regional coordination, according to the characteristics of the accident, ordering the dispatch of available media.
ARTICLE 28. -Concurrent performance. In the three (3) levels established in the article preceding, the authority competent is the responsible of implement and keep the headquarters of the command of the fire. When the characteristics of the incident require the concurrence of other agencies convened through the national fire management service, the competent authority must take steps to implement features a unified command integrated by the operating personnel designated by each of the institutions involved.
ARTICLE 29. -State of emergency. The national authority of application must intervene at the request of the competent authority in the following cases: to) when as a result of the severity of claims arise conflicts or a State of social upheaval that were at some risk to the integrity and safety of persons or the environment; (b) when in the opinion of the competent authority the 24.059 of homeland security law enforcement; became necessary (c) when the fire involves two (2) or more local jurisdictions belonging to different regional coordination and not a unified command will arrive. In such a case, any of the involved jurisdictions may make the request.

CHAPTER VI FUND NATIONAL FIRE MANAGEMENT ARTICLE 30. -Creation. Create the Fund national of the fire management, which will be administered by the national enforcement authority and will be composed of: a) sums annually assigned to the General budget of the nation; (b) any other income deriving from the management of the national enforcement authority; (c) grants, donations, bequests, contributions and transfers from other departments or of natural or legal persons of national or international bodies; (d) interest and income from assets that possess; (e) the resources specified in special laws; (f) the unused Fund resources, from previous years. article 31. -Resources. The resources of the Fund created in the preceding article only may be used for the purposes clearly listed in this article: to) the acquisition of goods and services required for the fulfilment of the purpose of this law; (b) the recruitment, training and training of the personal acting that act in the extinction of the fire forest and rural; (c) the realization of the necessary infrastructure works for better prevention, control and execution of tasks related to the actions of the staff; (d) the promotion of activities which converge to ensure better dissemination and knowledge of the causes and consequences of the accidents occurred in the areas affected by forest and rural fires, such as the realization of congresses, exhibitions, samples, advertising campaigns or others that contribute to its intended purpose; (e) the carrying out of courses, studies and research; (f) the personnel expenses, general expenses and investment that requires the operation of the Federal fire management system; (g) settle the logistics in the extinction of claims. Official authorizing expenditures for purposes other than those provided for in this article, will be responsible for civil and criminal prosecution of the damage caused, without prejudice to the administrative responsibility assigned.

CHAPTER VII INFRACTIONS AND SANCTIONS ARTICLE 32. -Infringements. They constitute violations of this law: to) take or turn on fire in the forests and grasslands in transgression of the respective regulations; (b) failure to comply with the obligation to give notice to the authority nearest to the existence of an outbreak of fire; (c) fire, burning or develop activities prohibited or without prior authorization; (d) not having the protection plans in cases that were required; (e) prevent or hinder the actions of the personal fire fighter, by action or omission, in any circumstance or place, on grounds of public or private property.
ARTICLE 33. -Sanctions. Sanctions against non-compliance with this Act and complementary legislation, without prejudice to the other responsibilities that could correspond, will be that focus on each of the jurisdictions subject to the police power that corresponds to them. Jurisdictions that do not have a sanctions regime additionally apply the following sanctions to national jurisdiction: a) a warning; (b) fines ranging from one (1) and fifty (50) salary of the initial category of the national public administration. The proceeds from these fines will be affected to the system Federal handling of the fire; c) closure of the establishment; (d) loss of concessions, privileges, tax or credit regimes. These sanctions shall apply prior summary procedure summaries in the jurisdiction where the offence was carried out and shall be governed by the rules of administrative procedure corresponding, ensuring due process of law, and will graduate according to the nature of the offence.

Chapter VIII provisions supplementary article 34. -Supra-national disasters. Whenever there is a fire in border area, with risk of spread to a neighboring country, the national authorities give immediate notice, through formal channels, the authority nearest to the border area that could be affected. The National Executive will manage international reciprocity giving speech to the Ministry of Foreign Affairs, international trade and worship.
ARTICLE 35. -Local jurisdictions related to the National Plan for fire management, of the Secretariat of environment and sustainable development of the nation, in the terms prior to the entry into force of this law, will be to integrate the Federal fire management system from the enactment of this law.
ARTICLE 36. -The Executive power will regulate this law within one hundred and eighty (180) days of its publication in the Official Gazette.
ARTICLE 37. -Communicate is to the power Executive national.


-REGISTERED UNDER NO. 26.815 - AMADO BOUDOU. -JULIAN A. DOMINGUEZ. -Gervasio Bozzano. -John H. Estrada.

Date of publication: 16/01/2013 0