FIRE MANAGEMENT

Law 26,815

Federal Fire Management System. Creation. Sanctioned: November 28, 2012 Enacted: January 10, 2013

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:

LAW ON FIRE MANAGEMENT

CHAPTER I

GENERAL PROVISIONS

ARTICLE 1-Object. This law establishes the minimum environmental protection budgets for forest and rural fires in the area of national territory.

ARTICLE 2 °-Scope of Application. This law applies to actions and operations of prevention, presuppression and combat of forest and rural fires that burn live or dead vegetation, in native and implanted forests, protected natural areas, agricultural areas, prairies, grassland, scrub and wetlands and in areas where the building structures are intermingled with vegetation outside the strictly urban or structural environment. It also reaches planned fires, which are burned under previously established environmental conditions, and for the achievement of territorial unit management objectives.

CHAPTER II

FEDERAL FIRE MANAGEMENT SYSTEM

ARTICLE 3-Creation. Create the Federal Fire Management System that will be integrated by the National Fire Management Service, which is dependent on the National Enforcement Authority.

https://www.boletinoficial.gob.ar/pdf/linkQR/bkVyUGw0YXhKclZycmZ0RFhoUThyQT09

Page 1

the provinces and the Autonomous City of Buenos Aires, through the bodies they determine, and the Administration of National Parks. The Federal Fire Management System will be coordinated and administered by the National Fire Management Service.

ARTICLE 4-Objectives. They are objectives of the Federal Fire Management System, the following: a) Generals. I. Protect and preserve the environment from fire damage; II. To ensure the safety of the general population and those affected by fire fighting; III. Establish mechanisms for efficient State intervention in situations involving or demanding actions and operations of prevention, presuppression, and fire fighting to ensure proper fire management. (b) Specific. I. Establish mechanisms for efficient fire management in the defense of the environment; II. To coordinate and assist the national, provincial and Autonomous City of Buenos Aires, competent in the management of fire, with the objective of promoting an efficient and capable federal organization. adequate response at the various levels of contingency, leading to regional policy areas; III. Promote awareness among the population about the impact of the uses of fire, encouraging the change of habits that are harmful to the environment.

ARTICLE 5-National Authority of Implementation. It is the National Enforcement Authority of this law the Secretariat of Environment and Sustainable Development of the Nation or the agency that replaces it.

ARTICLE 6-Competent Authorities. It is the competent authority of this law to determine each jurisdiction. In the case of protected areas covered by law 22,351 of National Parks, it is the Competent Authority of the Administration of National Parks.

ARTICLE 7 °-Regionalisation. For the purposes of implementing the Federal Fire Management System and in order to achieve better planning and optimization of the resources and means available, the System is territorially ordered in Regions. These are organized by grouping jurisdictions with similar fire regimes and considering the operational convenience of each jurisdiction belonging to a single Region.

ARTICLE 8 °-Articulation. The National Enforcement Authority will articulate, in the field of the Federal Environment Council (COFEMA), the implementation of preventive policies, support for fire management strategies, early warning and rapid and effective combat. fires, for the purpose of making it possible to maintain ecosystems and their processes with comprehensive management.

ARTICLE 9-Advisory Board. For the purposes of managing the Federal Fire Management System, the National Enforcement Authority will convene a (1) Advisory Board, composed of representatives of the provincial fire management organizations, as well as the respective national of the Administration of National Parks and the Autonomous City of Buenos Aires. The National Enforcement Authority may convene other governmental and non-governmental bodies to participate.

ARTICLE 10. -Planning. Fire protection will be planned through the

https://www.boletinoficial.gob.ar/pdf/linkQR/bkVyUGw0YXhKclZycmZ0RFhoUThyQT09

Page 2

instrumentation of Fire Management Plans according to the following levels of scope: a) Local: of each of the provinces and National Parks. These plans must contain at least: I. The planning of specific activities and the assignment of roles and functions for the realization of the objectives of the system; II. The conditions for intervention in each of the levels of action; III. The operational measures of prevention, presuppression and suppression, in accordance with the degree of fire danger; IV. The methods of quantification and assessment of claims; V. The conditions and modalities for the use of mass media in order to impart to the population the recommendations and instructions for their personal protection and of the resources concerned; VI. The mechanisms for citizen participation in the Federal Fire Management System. b) Regional: It is established by the Regions formed according to the article 7 ° of this law; integrating the local plans. These plans must contain at least: I. The planning of specific activities and the assignment of roles and functions for the implementation of the objectives of the system; II. The mechanisms of articulation of activities between the jurisdictions that integrate it and other organisms that develop activities related to the management of fire in the Region and with the National Service; III. The operational measures of prevention, presuppression and suppression according to the degree of danger of fires in the Region. c) National: It is established by the National Service of Fire Management, integrates regional plans and contemplates at least the following contents: I. The planning of specific activities and the assignment of roles and functions for the implementation of the objectives of the system; II. The mechanisms for linking activities with regional planning and with other agencies that develop related activities in the country; III. Mechanisms for articulation, cooperation and assistance with other countries; IV. The operational measures of prevention, presuppression and suppression according to the degree of danger of fires in the Region. d) National Early Warning and Fire Hazard Assessment System: According to a system of fire hazard degrees, it is intended to anticipate conditions of severity of fire seasons, and to warn combat personnel about critical situations that could endanger their lives and the lives and property of communities potentially threatened by fires. Information from the National Early Warning and Fire Hazard Assessment System should be systematized and available to all jurisdictions.

CHAPTER III

INTEGRATION OF THE FEDERAL FIRE MANAGEMENT SYSTEM

ARTICLE 11. -Assistance Programs. Local jurisdictions and the National Park Administration will have access to the following regulatory assistance programs:

https://www.boletinoficial.gob.ar/pdf/linkQR/bkVyUGw0YXhKclZycmZ0RFhoUThyQT09

Page 3

a) Assistance and coordination of plans and actions to deal with fires; b) Technical and operational assistance in training, procurement of equipment, availability of acquired services, financial contributions and joint education campaigns and prevention to develop the Fire Management System in their jurisdictions; c) Assistance and collaboration of the Fire Management System in the local institutional strengthening; d) Assistance of the Nation in the assessment bodies and determination of the damage suffered as a result of the fires.

ARTICLE 12. -Obligations of local jurisdictions. Local jurisdictions should: (a) Determine the Competent Authority in the application of this law; (b) Designate a (1) responsible for the Competent Authority to the Federal Fire Management System; (c) Develop a Judicial Plan for Fire Management; (d) Designate the the Fire Chiefs who, on the ground, have the command of the assigned, jurisdictional and regional means, and the responsibility for the coordination of the actions directed to control and extinguish the fire; and) to organize a system of registration of the main operational decisions taken in the fight against each fire and provide the data and the systematised information required; (f) to implement locally the National Early Warning and Fire Hazard Assessment System; (g) to organise a system of detection, communication, alarm and dispatch; Initial and expanded attack devices in the field of fire fighting; (i) Coordinate logistical support, health and safety in the operations; (j) Keep the population informed of the state of the situation and the security behaviors (k) Promote the investigation of the causes of the fires; (l) Respond, on the basis of their operational possibilities, with personnel and material resources, in response to the call for mobilisation carried out by the relevant regional coordination.

ARTICLE 13. -Head of Fire. The Head of Fire has the following functions, responsibilities and responsibilities: a) Get all information about the fire and report it to the higher authorities; b) Evaluate the state of the fire; c) Drive the actions of the combat; d) Dispose the activation of the necessary suppression mechanisms; e) Request the participation of Security and Civil Defense Forces; (f) Request the traffic cut on provincial or national routes; (g) Request the transit of rail traffic; (h) Authorize, in case of emergency, the comiso or temporary occupation of the goods and/or elements necessary for the extinction of the fire; (i) Authorising, in Case of emergency, entry to land of private property; (j) Authorising the cutting of wire, fences, gates, tranches or other means of access on privately owned land; (k) Request to the Competent Authority, the call for national, provincial, municipal and private public bodies, for collaboration with personnel or elements necessary for the fight of the fire; l) Request the assistance of the nearest public force for the implementation of the established In Articles 35 and 36 of Law 13,273 (t.o. decree 710/95) of Defense of Forestry Wealth. In no

https://www.boletinoficial.gob.ar/pdf/linkQR/bkVyUGw0YXhKclZycmZ0RFhoUThyQT09

Page 4

Case of convocation to civilians will be able to assign tasks of direct extinction on the line of fire, reserving this collaboration for tasks of logistics and support.

ARTICLE 14. -Regulation of uses and activities. Local jurisdictions shall regulate the use of the fire according to the characteristics of the area, the level of danger, the reasons for the activity and what is established in the jurisdictional plans. Such regulations may prohibit or subject to prior administrative authorization, in a temporary or permanent manner, the uses and risky activities or to establish the conditions to be complied with in accordance with this law and in law 26.562 of Control of Quema Activities.

ARTICLE 15. -Administration of National Parks. The Administration of National Parks, in accordance with the legislation that governs it and its regulatory norms, will be part of the Federal System of Fire Management with its own structures and its specific organization, adjusting its actions to the established in this law.

CHAPTER IV

OBLIGATIONS OF INDIVIDUALS

ARTICLE 16. -Denunciation. Any person who has knowledge of having produced a fire caught by this law is obliged to immediately make the complaint to the nearest authority.

ARTICLE 17. -Due care. Every person should be in extreme care of natural resources in carrying out uses or activities with fire, respecting the prohibitions and limitations established in the current regulations.

ARTICLE 18. -Preventive work. The competent authority shall determine whether natural or legal persons, public or private, are required to permit the performance or deployment in their areas of the prevention and combat infrastructure, such as access routes, deposits or reserves. water, landing zone of helicopters or other; and to carry out other preventive work to be determined necessary.

ARTICLE 19. -Protection Plans. The competent authority shall determine the natural or legal persons, public or private, required to draw up and implement in their properties protection plans for the land involved in accordance with the vulnerability criteria defined by the competent authority. the regulation of this law, which will be presented to you for approval. The Authority shall determine the requirements of the plans.

ARTICLE 20. -Forest Promotion Programs. Beneficiaries of public funds from natural resource protection, forest promotion or biodiversity protection schemes should incorporate a fire protection plan as an essential condition for their use. approval.

https://www.boletinoficial.gob.ar/pdf/linkQR/bkVyUGw0YXhKclZycmZ0RFhoUThyQT09

Page 5

ARTICLE 21. -Comiso. In the event of an emergency, the personnel in the fight against forest fires are authorized to proceed to the time or temporary occupation of the goods necessary for the extinction of the fire. In such cases, the staff has access to particular land and takes the necessary and necessary measures to achieve this objective. Individuals have an obligation to cooperate with the measures taken.

ARTICLE 22. -Recomposition and repair. The person responsible for the environmental damage resulting from a fire shall be obliged to recompile and adopt the repair measures which, in each case, are necessary for the recovery of the areas set on fire in the terms of Articles 27 and 28 of the law 25,675, general law of the environment.

CHAPTER V

NATIONAL FIRE MANAGEMENT SERVICE

ARTICLE 23. -Creation. Create the National Fire Management Service of the National Enforcement Authority, with the functions and functions established by this law, and according to the structure, status and employment status of national fire personnel. foresters and rural areas provided for in the regulation of this law.

ARTICLE 24. -Privileges and Functions. They are the functions and functions of the National Fire Management Service: a) Establish the technical and operational guidelines of the System, coordinating its planning with the Regional Coordinations, the local jurisdictions and the Administration of National Parks; (b) Confect the National Fire Management Plan; (c) Develop and implement a Programme of Labour Competences and Continuing Training to observe the particularities of each of the Regions. The Program shall standardize knowledge and define necessary work experience to ensure the suitability of personnel who perform fire fighting functions in the Federal Fire Management System (s); Develop and implement a National Early Warning and Fire Hazard Assessment System; and) Develop a Fire Management Information System that facilitates the adoption of policies consistent with the goal of this law, bringing together and organizing fire occurrence information, resource distribution, and related mapping (f) Develop a Program of Operational Strengthening, promoting a level of organization, and incorporation of equipment and technologies that guarantee the safe and efficient performance of land and air resources in support of combat (g) Establish mechanisms to ensure the right to public information and citizen participation in the development and implementation of the System; (h) Promote technical scientific programs in thematic areas to achieve (i) Coordinate with the national agencies and the national bodies (j) to grant mutual assistance to other countries, in the form of mutual assistance agreements,

https://www.boletinoficial.gob.ar/pdf/linkQR/bkVyUGw0YXhKclZycmZ0RFhoUThyQT09

Page 6

cooperation and exchange, in terms of research and technological development, professional and technical training, and operational assistance; (k) Schedule the budgetary needs at the level of Regional Coordination with the member provinces; (l) Manage the budget assigned to it by the National Implementation Authority, taking into account the requirements of the agencies that make up the System; m) Providing technical assistance to civil society and private sector initiatives for the the setting up of forest fire protection and fighting organisations.

ARTICLE 25. -National Brigades. The National Fire Management Service has National Brigades that constitute the national fire fighting reserve. They are equipped with a structure and functionality to assist local jurisdictions and provide an early response to fire control, with adequate and proportionate means. Its scope is all national territory, for which it must be properly trained and trained, and can act in local jurisdictions only at the request of its authorities.

ARTICLE 26. -Regional Coordinations. The National Fire Management Service has Regional Coordinations whose functions are: a) Exercise the representation of the National Enforcement Authority to the authorities of the local jurisdictions that make up its Region, acting as a liaison between the two levels; b) Regionally establishing the technical and operational guidelines of the Federal Fire Management System, coordinating its planning with local jurisdictions; c) Coordinate the affectation of regional media to assist local jurisdictions; d) Confect the respective Regional Plans of Fire Management; e) Providing local jurisdictions with adequate technical support for the Regional implementation of the National Fire Management Information System; (f) Regionally implementing the National Early Warning System and the Forest and Rural Fire Danger Assessment; (g) Promoting the adoption of modalities and (h) Provide collaboration and assistance in the implementation of scientific and technical programs in the management of fire; (i) Schedule its annual budgetary needs of the agreement with the local jurisdictions that make up them.

ARTICLE 27. -Levels of intervention. The conditions and modalities of action of the different jurisdictions that make up the National System of Fire Management are characterized in the following levels: a) Level I: It is the initial attack phase of any fire that originates within the the territory of a local jurisdiction or the National Park Administration, corresponding to the tasks of the removal. b) Level II: When the Competent Authority or the National Park Administration considers it appropriate, it will request support from the National Fire Management Service through the corresponding Regional Coordination. The Regional Coordination shall arbitrate the means to make available to the affected jurisdiction the

https://www.boletinoficial.gob.ar/pdf/linkQR/bkVyUGw0YXhKclZycmZ0RFhoUThyQT09

Page 7

personnel, materials and equipment at their disposal, or from other jurisdictions belonging to the regional organization. The Regional Coordinations will be closed to the procedures for mobilization, operations, demobilization, and logistical and technical support provided for in their operational plans. (c) Level III: When, due to the magnitude of the disaster, its duration or complexity, the response capacity of the previous level is exceeded, the Regional Coordination will request the National Central, with the agreement of the Competent Authorities, the opening of the present level of national action and the affectation of extra-regional resources. The National Fire Management Service will evaluate the possibility and convenience of human and material resources of any Regional Coordination, according to the characteristics of the disaster, ordering the release of the available means.

ARTICLE 28. -Concurrent Performance. In the three (3) levels established in the preceding article, the Competent Authority is responsible for implementing and maintaining the Head of the Fire Command. When the characteristics of the incident demand the concurrence of other organizations called through the National Fire Management Service, the Competent Authority must adopt the collections to put in place an integrated Unified Command. for the operational managers appointed by each of the institutions involved.

ARTICLE 29. -State of Emergency. The National Application Authority shall be required to intervene at the request of the Competent Authority in the following cases: (a) Where, as a result of the seriousness of the claims, conflicts or a state of social upheaval have arisen which put the integrity and safety of the persons or the environment at low risk; (b) When the Competent Authority considers that the (c) Where the fire involves two (2) or more local jurisdictions belonging to different Regional Coordinations and no unified command is achieved. In such a case, any of the jurisdictions involved may make the request.

CHAPTER VI

NATIONAL FIRE MANAGEMENT FUND

ARTICLE 30. -Creation. Create the National Fire Management Fund, which will be administered by the National Enforcement Authority and will consist of: (a) The sums allocated annually by the General Budget of the Nation; (b) All other income deriving from the management of the National Application Authority; (c) Grants, donations, legacies, contributions and transfers of other partitions; of natural or legal persons, of national and/or international bodies; (d) the interest and income of the property held; (e) resources to set special laws; (f) Unused resources of the Fund from previous years.

https://www.boletinoficial.gob.ar/pdf/linkQR/bkVyUGw0YXhKclZycmZ0RFhoUThyQT09

Page 8

ARTICLE 31. -Resources. The resources of the Fund set up in the preceding Article may be used only for the purposes of this Article: (a) the purchase of goods and services necessary for the purpose of this law; b) the hiring, training and training of temporary staff acting in the extinction of forest and rural fires; c) the infrastructure works necessary for better prevention, control and execution of tasks related to the actions of staff; d) the promotion of activities to ensure the best dissemination and knowledge of the causes; and consequences of the accidents in the areas affected by forest and rural fires, such as the holding of congresses, exhibitions, exhibitions, publicity campaigns or other activities which contribute to the intended purpose; e) the carrying out of courses, studies and research; f) the expenditure of staff, general expenditure and investments which it requires The operation of the Federal Fire Management System; g) to solve the logistics in the extinction of the casualties. The official who authorizes expenditure for purposes other than those provided for in this Article shall be liable in civil and criminal matters for the damage caused, without prejudice to the administrative responsibility assigned to him.

CHAPTER VII

INFRINGEMENTS AND PENALTIES

ARTICLE 32. -Infringements. They constitute infringements of this law: (a) to carry or fire on the inside of forests and grasslands in violation of the respective regulations; b) Not to comply with the obligation to give notice to the nearest authority of the existence of a fire outbreak; c) Fire, perform (d) Not to have the protection plans in cases where they are required; (e) to prevent or hinder the action of fire-fighting personnel; action or omission, in any circumstances or place, on grounds of public or private ownership.

ARTICLE 33. -Sanctions. The penalties for failure to comply with this law and the supplementary rules, without prejudice to any other responsibilities which may correspond, shall be those laid down in each of the jurisdictions in accordance with the powers of the police. corresponds. Jurisdictions which do not have a sanctions regime shall apply the following penalties in respect of the national jurisdiction: (a) Receipt; (b) Multas of between one (1) and fifty (50) basic salaries of the category National Public Administration. The production of these fines will be affected to the Federal Fire Management System;

https://www.boletinoficial.gob.ar/pdf/linkQR/bkVyUGw0YXhKclZycmZ0RFhoUThyQT09

Page 9

c) Closing of the establishment; d) Loss of concessions, privileges, tax or credit regimes. These penalties shall be applicable subject to prior summary proceedings in the jurisdiction in which the infringement was conducted and shall be governed by the rules of the administrative procedure concerned, ensuring due process of law, and will graduate according to the nature of the infringement.

CHAPTER VIII

Additional provisions

ARTICLE 34. -Supranational catastrophes. Every time a fire in the border area, with danger of spreading to a border country, the National Authorities will give immediate notice, through the formal channels, to the nearest authority of the border area that could be affected. The national executive branch will manage international reciprocity by giving intervention to the Ministry of Foreign Affairs, International Trade and Cult.

ARTICLE 35. -From the sanction of this law the local jurisdictions linked to the National Plan of Fire Management, of the Secretariat of Environment and Sustainable Development of the Nation, in the terms prior to the validity of this law, will become integrated The Federal System of Fire Management.

ARTICLE 36. -The Executive Branch will regulate this law within one hundred and eighty (180) days of its publication in the Official Gazette.

ARTICLE 37. -Contact the national executive branch.

GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES,

TWENTY-EIGHT DAYS OF THE MONTH OF NOVEMBER OF THE YEAR TWO THOUSAND TWELVE.

-REGISTERED UNDER NO 26,815-

BELOVED BOUDOU. -JULIAN A. DOMINGUEZ. -Gervasio Bozzano. -Juan H. Estrada.

Date of publication: 16/01/2013

https://www.boletinoficial.gob.ar/pdf/linkQR/bkVyUGw0YXhKclZycmZ0RFhoUThyQT09

Page 10