Repealed - By Which The National Fire System Colombia Is Created And Other Provisions

Original Language Title: DEROGADO - Por la cual se crea el Sistema Nacional de Bomberos de Colombia y se dictan otras disposiciones

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ACT 322 OF 1996
(October 4)
Official Gazette No. 42894 of October 8, 1996

By which the National Fire System Colombia is created and other provisions. Summary

Term Notes

THE CONGRESS OF COLOMBIA DECREES:
ARTICLE 1o. Fire prevention is the responsibility of all authorities and inhabitants of Colombian territory.
In fulfilling this responsibility public and private organizations should contemplate the contingency of this risk in the real estate such as natural parks, buildings, urban development programs and facilities and advance plans, programs and projects to reduce their vulnerability.
Article 2.
. Prevention and control of fires and other related calamities in charge of bomberiles institutions is an essential public service by the State. The State should ensure its efficient delivery to all inhabitants of the country, directly or through Volunteer Fire Corps.
The Nation policy-making, planning and general regulations.
Departments exercise coordination functions; complementarity of the action of the districts and municipalities; intermediation of these before the nation for the provision of service and contribution to the financing of projects aimed at strengthening the Fire Brigade.
It is the duty of the districts, municipalities and indigenous territorial entities providing service through Official Fire Corps or by holding contracts for that purpose, with the Volunteer Fire Departments.
PARÁGRAFO. Municipal and District Councils, at the initiative of the mayor may establish surcharges or surcharges taxes on industry and trade, traffic and transit, urban demarcation, property taxes, mobile phone or any other tax that territorial level, according to the law and to Fire Department fund activity. Effective Jurisprudence


ARTICLE 3. Create the National Fire System in order to coordinate public and private efforts for prevention and fire, explosions and other related calamities institutions by fire.

ARTICLE 4. The National Fire System Colombia are part of the National System for Disaster Prevention and established by Law 46 of 1988 and regulated by Decree 919 of 1989.

The 5th ITEM. Create the National Fund Fire Colombia as a sub-account of the National Calamity Fund, created by Decree Law 1547 of 1984, with the same legal regime, with the specific aim of strengthening the Fire Brigade by conducting training programs and co-financing of projects or recovery provision of specialized equipment for firefighting or care related calamities. The Government shall regulate the collection, management and distribution of resources of the Fund, which shall consist among others, those set out in Article 28 of this Law, the items are assigned, national and international donations and all other resources for any reason receive.

ARTICLE 6o. They are principal organs of the National Fire the following:
a) fire departments;
B) Delegations Departmental Fire and the District Delegation of Santa Fe de Bogota;
C) The National Directorate for Disaster Prevention and Attention of the Ministry of Interior;
D) The National Board of Fire Departments of Colombia;
E) The National Fire Delegation.

ARTICLE 7. Institutions organized for fire prevention and other related calamities and called fire departments. They are Fire Corps Officers who create district councils, municipal and person acting in indigenous to fulfill the public service office in their respective jurisdiction territorial entities.
Volunteer fire departments are Civic Associations, non-profit, public utility and legal status, recognized as such by the competent authority, organized for the provision of public service fire prevention and care and related calamities.
In each district, municipality and indigenous territory can not be more than one Fire Officer Corps, unless authorized by the Council or the person acting in the latter, from the effective date of this Act.

PARÁGRAFO. For the creation of the Corps of Officers Fire and contracting Volunteer Fire Corps, prior favorable technical concept of the Departmental Delegation or respective District it is required.

Article 8. Fire departments should adhere to the technical, administrative and operational regulations issued by the National Board of Fire Colombia.

Article 9. Districts, municipalities and indigenous territories that do not have their own Corps of Officers Fire, or when coverage of these is not adequate, according to the parameters established by the National Board of Fire Colombia must contract directly with Bodies Volunteer Fire Department, to be organized in accordance with this Law, the total or partial delivery as the case of public service charge.
This same provision applies to metropolitan areas and associations of municipalities, if they have undertaken public service of the members municipalities.

ARTICLE 10. At the initiative of the mayor, the Municipal and District Councils and their substitutes in indigenous territories may establish special rates or waive the payment of public services, duty-district, municipal or indigenous land taxes the buildings for offices, workshops, training of fire brigades.
Those same properties are not subject to taxes or charges by the nation.
Volunteer fire departments and officers are exempt from paying income tax.

ARTICLE 11. Where there Firefighters Corps of Officers and Volunteer Fire Department in a locality or in metropolitan areas and associations of municipalities, the Corps Volunteer Fire operationally subject to the instructions of Fire Officers Corps.
When private fire brigades or official institutions, and in general when individuals decide to participate in an emergency, were operationally subordinate to the Corps Fire Officer or failing to Volunteer Fire Department.

ARTICLE 12. Fire Departments have the following functions:
a) Address timely fire-related emergencies, explosions and related calamities;
B) Investigate the causes of emergencies to attend and submit its official report to the appropriate authorities;
C) Develop public campaigns and prevention programs related fires and other calamities;
D) To serve as an advisory body of districts, municipalities, indigenous territories, metropolitan areas and associations of municipalities, fire safety and related calamities;
E) Collaborate with the authorities in controlling mandatory fire safety requirements and develop monitoring and control in other cases where figure delegation;
F) Support Local Committees for Disaster Prevention and Attention in bomberiles matters when they need it;
G) To implement the plans and programs to be adopted by the organs of the National Fire Colombia;
H) Promote before the competent authorities, with due authorization of their legal representative, providing the respective or disciplinary action against those who have caused injury during fires and related by the institutions bomberiles calamities evidence, criminal investigations. This function will be assumed only in exercise of service.

ARTICLE 13. Officers Corps Volunteer Firefighters and be exempt from taxes and duties on the acquisition of specialized equipment for fire fighting required for the provision or operation, whether produced domestically or to be imported.

ARTICLE 14. The statutes Corps Volunteer Fire shall contain at least the following aspects:
a) name and address. "Volunteer Fire Brigades" They will be called and the name of the political and administrative territorial unit or entity of the jurisdiction in which the act is added. It also set the address in the municipality where it operates;
B) Purpose and duration. The object must be in accordance with defined in Article twelve (12) of this law, its duration will be defined freely;
C) Conditions of admission and removal of its members;
D) Rights, qualities and obligations of members;
E) governing bodies, management and monitoring;
F) Legal Representation;
G) administrative and disciplinary regime;
H) Heritage;
I) Dissolution and liquidation.


ARTICLE 15. Volunteer Fire Corps should organize democratically and decisions are taken by majority. Official
The Council is the highest authority Corps Volunteer Firefighters, and as such is responsible for the election of the commander and legal representative. Effective Jurisprudence

ARTICLE 16.
fire departments may not charge any sum or citizens demand compensation of any kind as consideration and emergency services.
Emergency services are those that address a situation of arson and related actual or imminent disaster.
The violation of the provisions of this article constitutes grounds for misconduct punishable by dismissal for public servants, and retirement for volunteer firefighters.

ARTICLE 17. The Delegations Departmental Fire are organs of the National Fire Colombia. They consist of the Fire Brigade operating in the respective departmental territorial entity. They are advisory bodies to the departments regarding fire safety, and partners of the Fire Brigade before the other organs that are part of the National Fire.
Fire Departmental Delegations will have a Board of Directors who will act on your behalf and represent him in every respect, for annual periods.
The National Board of Fire Colombia determine the general regulations of the departmental delegations.

ARTICLE 18. The Board of Fire departmental delegations shall be composed of the governor of the department or his delegate, who will preside; and seven commanders of the Corps Fire department elected among themselves.
The Board shall elect a ninth member who is commander of the Fire Department, who will be its representative to the National Fire Delegation.
In any event, the Board will make part at least two Corps Commanders Volunteer Fire Department.

TRANSITORY ARTICLE. While the fire departments are organized, departments that do not have sufficient number of fire departments in this article referred to the Board shall be composed as follows: The governor of the department or his delegate who shall preside, the coordinator of the Office of Attention and Prevention of Disasters, Civil Defense and existing commanders.

ARTICLE 19. The functions of the departmental delegations Fire, in addition to those assigned by the National Board of Fire Colombia, the following:
a) Represent the Fire Brigade before the various public and private agencies sectional and particularly to the Regional Committees for Disaster Attention and Prevention;
B) Strengthening relations Firefighters Corps with the various public and private bodies;
C) to verify compliance by the Fire Brigade, plans of development and modernization of the various services and policies that have been approved by the National Board of Fire Colombia;
D) Promote the creation, organization and automation of Fire Departments in all districts, municipalities and indigenous territories department;
E) To promote administrative and technical collaboration Corps Fire Department;
F) To serve as a consultative body at the departmental level, especially Regional Committees for Prevention and Attention to Disasters;
G) Develop plans and programs aimed at improving the Fire Brigade;
H) To issue its own regulations in accordance with the provisions of the National Board of Fire Colombia.
ARTICLE 20.
Santa Fe de Bogota, DC, the District Fire Delegation shall perform the same functions of the departmental delegations Fire.
The Board of the District delegation will consist of the Mayor or his delegate, who will preside; Commander of the Fire Department; Commanders six equal number of locations; and Commander Volunteer Fire uerpo.

ARTICLE 21. The National Fire Delegation is an organ of the National Fire Colombia. It is composed of one delegate from each of the departmental delegations appointed by the respective boards of directors.

ARTICLE 22. The functions of the National Delegation of Fire:
a) Choose the four delegates to serve on the National Board of Fire Colombia;

B) evaluate, at their annual meetings, implementation and development by the Fire Departments of policies, programs and issued operational, organizational and technological projects of the National Board of Fire Colombia and make recommendations that may be required ;
C) contribute to the integration of the various delegations Departmental Fire and strengthening the National Confederation of Fire Departments of Colombia.
PARÁGRAFO. Delegation corresponds to the District Fire exercise the Technical Secretariat of the National Delegation of Fire.

ARTICLE 23. The National Board of Fire Colombia as permanent decision-making body and advisor to the Minister of the Interior, is responsible at the national level to determine the overall policies and general regulations technical, administrative and operational order they must comply fire Departments to provide the public service of fire prevention and care and other related calamities, and in general to operationalize the National fire System Colombia.
The Government shall regulate the functioning of the National Board of Fire Colombia.
PARAGRAFO. The National Board of Fire Colombia will be part of Chapter V of Law 52 of 1990 and Chapter IV of Decree Law 2035 of 1991.

ARTICLE 24. The National Board of Fire Colombia shall consist of:
a) The Minister of Interior or his delegate who shall preside;
B) The National Director for Disaster Relief;
C) The Director General of the National Police or his delegate;
D) A representative of the Colombian Security Council;
E) A representative of the Federation of Municipalities;
F) A representative of the Federation of Departments;
G) The President of the National Confederation of Fire Departments of Colombia;
H) Four representatives of Fire Brigades, on behalf of the National Delegation of Fire. PARAGRAPH 1.
. To be representative of the Fire Brigade, you must be or have been Commander or Subcomandante and take at least five years of active service. PARAGRAPH 2.
. In any case the National Board of Fire Colombia will take part, at least two Corps Commanders Volunteer Fire Department. PARAGRAPH 3.
. When the Board so requires, may invite other Ministers, Heads of Administrative Departments, directors or managers of public or private entities.

ARTICLE 25. The functions of the National Board of Fire Colombia:
a) adopt general policies, plans and programs of the sector;
B) To establish the technical and operational rules, which must comply with the fire departments in the country;
C) Regulate the organization and functioning of the National Delegation, departmental delegations and the District Fire Delegation, in accordance with the provisions of this Act for each of them;
D) In ​​addition to those determined by Article 19 of this Law, assign additional functions to the departmental delegations or delegation Fire District;
E) Adopt plans of modernization and equipment of short, medium and long term for the harmonious development of the National Fire Colombia;
F) Develop plans and training programs and training for staff who aspire to enter the Fire Brigade and discount promotion for those who are part of the same;
G) To regulate and unify at national level degrees, insignias and badges Fire Departments;
H) Liaising and consulting through Fire Departments and Fire Delegations that exist in the country, as the highest authority of the Fire Colombia;
I) Promote the creation of Fire Departments and Fire delegations, according to the plans for development of the sector;
J) To ensure compliance with the various functions performed by the Fire Departments and Fire delegations, cooperating in solving their organizational, operational, functional and funding, recommending initiatives or procedures it deems advisable;
K) Ensure instrainstitucionales the strengthening of relations between the Fire Brigades and those with public authorities and the private sector in the country;
L) Establish the technical requirements and the minimum quality to be met by those who aspire to different positions within the Fire Brigade. According to the guidelines and recommendations set the minimum and maximum for the permanence of staff as active firefighters in fire control operations and other calamities, the competence of the Fire Brigades needs;

Ll) Verify compliance by the Fire Brigade, plans of development and modernization of the various services and policies that have been adopted to improve the sector;
M) Assist in the annual meetings of the National Fire delegation to participate in the evaluation balance;
N) Quote, prepare and organize the annual meeting of National Delegation Fire, according to the guidelines of the Technical Secretariat of the National Delegation of Fire;
Ñ) To be the interlocutor of the National Fire Colombia to all bodies and public or private level and in international organizations related to the sector.
TRANSITORY ARTICLE. The National Board of Fire Colombia must meet within sixty (60) days after the effective date of this Act calendar.
They will act as representatives of the Fire Brigade at the first meeting of the Board, who were elected as directors in compliance with article 55 of Decree 919 of 1989
the National Board of Fire Colombia incorporated under this article shall have unique functions as the following:
a) Determine the transitional procedure for the election of members of the Board to Article 23, paragraph h) of this Act, an election that must take place within twelve (12) months refers;
B) Prepare projects to be submitted for consideration by the Board at its next meeting;
C) Promote the operation of the National Fire and present after twelve (12) months an assessment of the developments achieved before the National Government.

ARTICLE 26. In compliance with the provisions of this Act, corresponding to the National Office for Disaster Prevention and Interior Ministry perform the following functions:
a) perform the Technical Secretariats and the Executive National Board of Fire Colombia;
B) Develop and preparing projects to the National Board of Fire Colombia determine, for consideration and decision;
C) Subscribe to the President of the National Board of Fire Colombia minutes of that body once they are approved;
D) To keep the books and documents of the National Board of Fire Colombia and sign correspondence;
E) To attest the minutes, regulations and other decisions of the National Board of Fire Colombia in exercise of jurisdiction by this Act are attributed.

ARTICLE 27. Volunteer Firefighters and Officers shall enjoy the rights of Social Security, in accordance with existing legislation.

ARTICLE 28. The insurer that granted the appropriate coverage against fire hazards must provide the National Fire Fund an amount equal to 1% of the amount paid by the insurance policy. The value of this contribution should be turned to the National Fire Fund within the month following the acquisition of that policy.

ARTICLE 29. Two separate representatives appointed by the National Board of Fire Colombia, will be part of the National Technical Committee and the National Operating Committee respectively dealing Articles 55 and 56 of Decree 919 of 1989

ARTICLE 30. Regional and Local Committees for Disaster Prevention and Attention to in Article 60 of Decree 919 of 1989 refers to form part, respectively, a representative appointed by the Board of Directors of the departmental delegations Fire and Corps Commanders Fire Districts, municipalities and indigenous territories.

ARTICLE 31. The Nation and its decentralized units may delegate to the National Fire System Colombia, some of its oversight and control, upon application to the National Board of Fire Colombia and once it has been issued in firm, favorable opinion.

ARTICLE 32. The Ministry of Communications will set special rates for the allocation and use of radio frequencies to be used by agencies of the National Fire Colombia.
With regard to radio frequencies used by fire brigades in its operational activities, own of providing the public service office, the Ministry of Communications exonerate Fire Brigades said any fee for obtaining and use, without thereby losing ownership, control and surveillance of it.


ARTICLE 33. The recognition, suspension and cancellation of legal personality, approval of statutes and registration of dignitaries Corps Volunteer Fire corresponds to the Secretariats of Departmental Government in accordance with the guidance given to the effect by the National Board of Fire Colombia and with the written permission of the mayor.
Prior to granting legal status favorable opinion of the Departmental Delegation or District Fire on compliance with the technical requirements determined by the National Board of Fire Colombia is required.

ARTICLE 34. For the purposes of this Act, the National Confederation of Fire Departments of Colombia represents Corps Official firefighters and volunteers in the country.

ARTICLE 35. The National Government will determine the deadline for the Corps of Firefighters in the country, comply with the provisions of this Act and the regulations issued by the National Board of Fire Colombia.
ARTICLE 36.
fire activity will be considered as high-risk jobs for all purposes of Social Security.
Who Laborem as Fire will enjoy coverage life insurance during the time to exercise such work, according to the regulations for the purpose by the Government.
PARAGRAFO. The National Government in accordance with the Ministry of Labour in the regulations of this Act, issue a special scheme for workers operators Fire Departments.
ARTICLE 37.
Créase a special disciplinary regime for the Fire Departments of Colombia and revístese of extraordinary powers to the President of the Republic for a term of six (6) months, according to the provisions of paragraph 10 of Article 150 of the Constitution, to regulate the scheme, with the advice of the National Board of Fire Colombia.

ARTICLE 38. This law governs from the date of its enactment and repealing Law 12 of 1948 and other provisions that are contrary.
The President of the honorable Senate,
LUIS FERNANDO LONDOÑO CAPURRO.
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable House of Representatives,
GIOVANNI LAMBOGLIA MAZZILLI.
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
TAFUR.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT.
Published and execute.
Given in Santa Fe de Bogota, DC, on October 4, 1996.
Ernesto Samper Pizano.
The Interior Minister Horacio Serpa Uribe
.
The Deputy Minister of Finance and Public Credit,
manager functions
Office of the Minister of Finance and Public Credit,
EDUARDO DELGADO FERNÁNDEZ.



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