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Act To Amend The Civil Security Act Of May 15, 2007 And December 31, 1963, On Civil Protection Act

Original Language Title: Loi modifiant la loi du 15 mai 2007 relative à la sécurité civile et la loi du 31 décembre 1963 sur la protection civile

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belgiquelex.be - Carrefour Bank of Legislation

3 AOUT 2012. - An Act to amend the Civil Security Act of 15 May 2007 and the Civil Protection Act of 31 December 1963



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendments to the Civil Security Act of 15 May 2007
Art. 2. Article 117 of the Civil Security Act of 15 May 2007 is supplemented by a paragraph written as follows:
"The areas, pre-zones, municipalities, the fire and emergency medical service of the Brussels-Capital Region and the provincial fire services training centres may, for the organization and award of public procurement and executive contracts for the acquisition of equipment and equipment that are necessary for the exercise of their duties, appeal to the purchasing power plant created within the Federal Public Safety Directorate »
Art. 3. In the same law, section 206, § 3, is supplemented by a 5° written as follows:
“5° the conditions under which the duration of the detachment referred to in paragraph 1er or the provision referred to in paragraph 2 may be extended, in particular, to persons who apply for it. »
Art. 4. In the same Act, an article 209/1, which reads as follows:
“Article 209/1. On the effective date of the zones, as referred to in section 220, the prezone property is transferred to the area.
This transfer is carried out in full and free of charge. It is enforceable to third parties.
Assets are transferred to the state in which they are located, including the charges and obligations inherent in these assets. »
Art. 5. In the same law, an article 221/1, which reads as follows:
“Article 221/1. § 1er. From the entry into force of this provision and to the entry into force of the zones, as referred to in section 220, municipalities belonging to an area pursuant to section 14 shall constitute a prezone according to the same territorial delimitation. The prezone has legal personality and is managed by a prezone council named the council.
The council shall rule by a majority of votes. In the event of a parity of voice, the President of the Council shall be the preponderant.
§ 2. The prezone receives the allocation referred to in section 67, paragraph 1er2°, provided that the following obligations are fulfilled:
1° Designated by the council of a president within him. Derogation from paragraph 1er, paragraph 2, in the event of a parity of votes, preference shall be accorded to the oldest candidate.
2° Designation by the council of a pre-zone fire service officer with a level A degree, or, in the event of absence of a candidate with this degree, among pre-zone fire service personnel. His detachment is the subject of a convention between the pre-zone and the municipality whose officer depends.
Others may be totally or partially detached from the prezone or made available to the prezone to assist the coordinator for specific missions. Professional firefighters are detached through a convention between the prezone and the municipality they depend on. Voluntary firefighters are made available to prezone by their commune.
3° Designation by the board of a receiver or financial manager of one of the prezone communes responsible for performing the revenues and expenses of the prezone. His detachment is the subject of a convention between the prezone and the commune of which he depends.
4° Approval by the Board of an operational zonal plan proposed by the coordinator based on a risk analysis and including at least the identification of the human and material means necessary for the proper operational operation of the area.
These include:
Staff recruitment;
- the establishment of a zonal prevention policy in accordance with the national fire prevention plan and intoxication in homes;
- the implementation of a zonal training plan for staff;
- the implementation of intervention plans in accordance with existing regulations;
- the purchase of personal protective equipment to comply with federal minimum standards established in accordance with section 119;
- the realization and determination of the appropriate means of departure specific to the area in accordance with the minimum conditions of the quickest adequate assistance and adequate means determined by the King under Article 6, paragraph 2, for each type of intervention of the uniform list of the standard events of the unified call centers.
If the zonal plan provides for the establishment of a zonal system, the zonal system must be able to adequately respond to the recommendations and alerts made by the centre of the unified call system and to manage operations within the framework of the interventions, in accordance with the criteria established by the Minister under section 9 of the Royal Decree of October 17, 2011 on the organization of the dispatching of the Civil Security operational services.
5° Preparation by the prezone budget chair and approval by the council.
This budget includes the costs of personnel, operations and investment, including expenses related to the recruitment of additional professional or voluntary firefighters in relation to the current situation at the time of the entry into force of this provision, necessary to comply with the human resources provided for in the zonal plan of operational organization referred to in item 4.
§ 3. Articles 24, 25, 28 to 31, 32, paragraphs 1er and 3, 33-39, 40, subparagraphs 1er and 2, 42, paragraph 1er, 1° to 3°, 43 to 50, 53 to 54, 63 to 66, 67, paragraph 1er, 2°, 3° and 5°, 69, 83 to 85, 118, 119, 120 to 124 and 126 are applicable to prezone.
§ 4. For the purposes of the provisions referred to in paragraph 3, the words in column 1 of the schedule should be substituted for the words in column 2 of the schedule.
§ 5. Prezone can be organized as an intercommunal if one of the fire services in its territory was organized as an intercommunal on August 10, 2007. In this case, inter-communal bodies exercise the competence of the pre-zone council, the president of that council, the coordinator and the receiver or financial manager. If the intercommunal is not composed of all the municipalities that are part of the prezone, the prezone council is implemented.
When prezone is organized as an intercommunal, only articles 25, 64 to 66, 67, paragraph 1er, 2°, 3° and 5°, 69, 83 to 85, 118, 119, 120 to 124 and 126 are applicable.
§ 6. In the event that the pre-zone does not partially or fully implement the zonal operational organization plan referred to in paragraph 2, 4°, within two years of the approval of the pre-zone, the Minister or his delegate may reduce or recover fully or partially the federal pre-zone allocation.
Prezone can't get ready. »
CHAPTER 3. - Amendments to the Civil Protection Act of 31 December 1963
Art. 6. In Article 9, § 2, of the Civil Protection Act of December 31, 1963, the following amendments are made:
1° to paragraph 1erthe words "and prezones referred to in section 221/1 of the Civil Security Act of 15 May 2007" are inserted between the words "or intercommunal" and the words ", are submitted";
2° in paragraph 3, the words "and prezones" are inserted between the words "and intercommunal fire" and the words ", and may proceed".
CHAPTER 4. - Amendment of the Criminal Code
Art. 7. In article 5, paragraph 4, of the Criminal Code, as amended by the laws of 26 April 2002 and 15 May 2007, the words "prezones" are inserted between the words "remediation zones" and the words "Brussellois agglomeration".
CHAPTER 5. - Entry into force
Art. 8. The King shall determine the effective date of this Act and other provisions of the Civil Security Act of 15 May 2007, provided that these other provisions are made applicable to pre-zone.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given at Châteauneuf-de-Grasse, August 3, 2012.
ALBERT
By the King:
The Minister of the Interior,
Ms. J. MILQUET
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOMl
____
Note
(1) Session 2011-2012.
House of Representatives
Documents. - Bill No. 53-2216/1. - Amendments, No. 53-2216/2. - Report made on behalf of the commission, No. 53-2216/3. - Text adopted by the Commission, No. 53-2216/4. - Amendments in plenary meeting, No. 53-2216/5. - Supplementary report on behalf of the Commission, No. 53-2216/6. - Text adopted by the Commission, No. 53-2216/7. - Text adopted in plenary and transmitted to the Senate, No. 53-2216/8.
Senate
Document. - Project not referred to by the Senate, No. 5-1686.

Annex

See to be annexed to the Act of 3 August 2012 amending the Civil Security Act of 15 May 2007 and the Civil Protection Act of 31 December 1963
Given at Châteauneuf-de-Grasse, August 3, 2012.
ALBERT
By the King:
The Minister of the Interior
Ms. J. MILQUET