Repealed - By Which The National Fire System Colombia Is Created And Other Provisions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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322 OF 1996

(October 4)

Official Journal No. 42,894 of 8 October 1996

53 of Law 1575 of 2012 >

By which the National Fire System of Colombia is created and other provisions are dictated.

Vigency Notes Summary

COLOMBIA CONGRESS

DECRETA:

ARTICLE 1o. 53 of Law 1575 of 2012 > Fire prevention is the responsibility of all authorities and inhabitants of the Colombian territory.

In compliance with this responsibility, public and private bodies should consider the contingency of this risk in real estate such as natural parks, buildings, urban development programs and facilities, and bring forward plans, programs and projects to reduce their vulnerability.

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ARTICLE 2o. 53 of Law 1575 of 2012 > The prevention and control of fires and other related calamities in charge of the bomberile institutions, is an essential public service in charge of the State. It is the duty of the State to ensure its efficient delivery to all inhabitants of the national territory, directly or through the Volunteer Fire Corps.

It is up to the Nation to adopt policies, planning and general regulations.

The Departments exercise coordination functions; complementarity of the actions of the districts and municipalities; of intermediation of these to the Nation for the provision of service and contribution to the co-financing of projects Teeth to the strengthening of the Fire Corps.

It is the obligation of the districts, municipalities and indigenous territorial entities to provide the service through the Official Fire Corps or through the conclusion of contracts for this purpose, with the Volunteer Fire Corps.

PARAGRAFO. Municipal and District Councils, on the initiative of the mayor may establish surcharges or surcharges for taxes on industry and commerce, circulation and transit, urban demarcation, pre-dial, mobile telephony or any other tax of that territorial level, according to the law and to finance the commercial activity.

Effective Case-law
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ARTICLE 3o. 53 of Law 1575 of 2012 > Create the National Fire System in order to articulate public and private efforts for the prevention and attention of fires, explosions and other calamities This is the responsibility of the fire-fighting institutions.

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ARTICLE 4. The Colombian National Fire System is part of the National System for Disaster Prevention and Prevention created by Law 46 of 1988 and regulated by Decree 919 of 1989.

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ARTICLE 5o. 53 of Law 1575 of 2012 > Create the National Fire Fund of Colombia as a sub-account of the National Calamities Fund, created by Decree-Law 1547 of 1984, with its own legal regime, with the specific object of strengthening the Fire Corps by carrying out training programmes and co-financing of projects for the provision or recovery of specialized equipment for the extinction of fires or the attention of allied calamities. The Government shall regulate the collection, administration and distribution of the resources of this Fund, which shall be constituted among others, by those established in Article 28 of this Law, the items to be allocated, national and international and all other resources that for any concept they receive.

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ARTICLE 6o. 53 of Law 1575 of 2012 > The following are the main organs of the National Fire System:

a) The Fire Corps;

b) The Department of Fire Departments and the District Delegation of Santa Fe de Bogota;

c) The Ministry of Interior's National Directorate for Disaster Care and Prevention;

d) The National Board of Fire Bodies of Colombia;

e) The National Fire Department.

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ARTICLE 7o. 53 of Law 1575 of 2012 > The institutions organized for the prevention and attention of fires and other related calamities are called Fire Bodies. It is the Official Fire Corps that creates the district councils, municipal councils and those who do their times in the indigenous territorial entities for the fulfillment of the public service to their office in their respective jurisdiction.

The Volunteer Fire Corps is a non-profit, common utility and legal entity, recognized as such by the competent authority, organized for the provision of the public service of prevention and fire care and related calamities.

In each district, municipality and indigenous territory there can be no more than one Official Fire Department, unless authorized by the Council or who does its own times in the latter, starting with the validity of this Law.

PARAGRAFO. For the creation of the Official Fire Corps and the hiring with the Volunteer Fire Corps, a favorable prior technical concept of the respective Departmental or District Delegation is required.

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ARTICLE 8o. 53 of Law 1575 of 2012 > The Fire Corps must adhere to the technical, administrative and operational regulations issued by the Colombian National Fire Board.

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ARTICLE 9o. 53 of Law 1575 of 2012 > The districts, municipalities and indigenous territories that do not have their own Official Fire Corps, or when the coverage of these is not the appropriate one, according to the parameters established by the National Fire Board of Colombia, must contract directly with the Volunteer Fire Corps, which are organized in accordance with this Law, the total or partial benefit according to the the case of the public service in charge.

This same provision will apply to metropolitan areas and associations of municipalities, when they have assumed the public service of the municipalities.

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ARTICLE 10. 53 of Law 1575 of 2012 > On the initiative of the mayor, the Municipal and District Councils and those who do their times in the indigenous territories will be able to set rates special or exonerated from the payment of public services domiciled, taxes and district, municipal or territorial taxes indigenous to the buildings destined for dependencies, workshops, training of the Fire Corps.

These same premises will not be subject to taxes or taxes on the part of the nation.

Volunteer Fire Corps and Officers are exempt from paying income tax.

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ARTICLE 11. 53 of Law 1575 of 2012 > When there are Official Fire Corps and Volunteer Fire Corps in a locality or in metropolitan areas and associations of Municipalities, the Volunteer Fire Corps, operationally, will be subject to the instructions of the Official Fire Corps.

When private fire brigades or official institutions, and in general when individuals decide to participate in an emergency, will be operationally subordinate to the Official Fire Corps or in their absence to the Volunteer Firefighters.

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ARTICLE 12. 53 of Law 1575 of 2012 > The Fire Corps will have the following functions:

a) Atender timely fire-related emergencies, explosions and related calamities;

b) Investigate the causes of emergencies to be addressed and present their official report to the relevant authorities;

c) Develop public campaigns and fire prevention programs and other related calamities;

d) Serve as an advisory body for districts, municipalities, indigenous territories, metropolitan areas, and municipalities ' associations, in fire safety and related calamities;

e) Collaborate with the authorities in the control of mandatory fire safety needs and develop their supervision and control in other cases where delegation is included;

f) Support the Local Disaster Prevention and Care Committees in bomberile matters when required;

g) Execute plans and programs that are adopted by the National Fire System of Colombia;

(h) Promote to the competent authorities, with the appropriate authorization of their legal representative, providing the respective evidence, criminal or disciplinary investigations against those who have caused injury in the event of the fires and This is the case in the case of the Commission.  This function will be assumed only in the exercise of the service.

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ARTICLE 13. 53 of Law 1575 of 2012 > The Official Fire and Volunteer Corps will be exempt from the payment of taxes and duties in the acquisition of specialized equipment for the fire extinguishing which they require for the provision or operation, whether they are national production or that they are required to import.

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ARTICLE 14. 53 of Law 1575 of 2012 > The statutes of the Volunteer Fire Corps shall contain at least the following aspects:

a) Denomination and domicile. They shall be referred to as the 'Volunteer Fire Corps' and the name of the political-administrative unit or territorial entity of the jurisdiction in which it shall operate shall be added. In addition, it shall fix the address in the municipality where it carries out its activities

b) Object and duration. The object must be in accordance with the provisions of article 12 (12) of this law, its duration shall be freely defined;

c) Conditions of admission and withdrawal of associates;

d) Rights, qualities and obligations of members;

e) Management, administration and surveillance organs;

f) Legal representation;

g) Administrative and disciplinary arrangements;

h) Heritage;

i) Dissolution and liquidation.

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ARTICLE 15. 53 of Law 1575 of 2012 > The Volunteer Fire Corps must be organized democratically and its decisions will be made by majority.

The Board of Officers is the highest authority of the Volunteer Fire Corps, and as such it is up to the commander and legal representative to choose.

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ARTICLE 16. 53 of Law 1575 of 2012 > The Fire Corps shall not be able to charge any amount to the citizenry or to require compensation of any nature in consideration and the emergency services.

Emergency services are those that address a real or imminent incendiary and related disaster situation.

The violation of the provisions of this article constitutes a causal of misconduct, punishable by dismissal for public servants, and of retirement for the Volunteer Firefighters.

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ARTICLE 17. 53 of Law 1575 of 2012 > The Department of Fire Departments are organs of the Colombian National Fire System. They are constituted by the Fire Corps operating in the respective departmental territorial entity. They are advisory bodies of fire safety departments, and interlocutors of the Fire Corps before the other organs that are part of the National Fire System.

The Department of Fire Departments will have a Board of Directors who will act on their behalf and represent it in every concept, for annual periods.

The Colombian National Fire Board will determine the general regulations of the departmental delegations.

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ARTICLE 18. 53 of Law 1575 of 2012 > The Board of Directors of the Department of Fire Departments shall be composed of the governor of the department or its delegate, who shall he will preside; and by seven commanders of the department's Fire Corps chosen from among themselves.

The Board of Directors will elect a ninth member to be the Commander of a Fire Corps, who will be their representative to the National Fire Department.

In any case, the Board of Directors will do at least two, two Commanders of Volunteer Fire Corps.

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TRANSIENT ARTICLE. While the Fire Corps is organized, departments that do not have the sufficient number of Fire Bodies referred to in this article, the Board of Directors will be formed as follows: department or its delegate who will preside over it, the coordinator of the Office of Attention and Prevention of Disasters, the Civil Defense and the existing commanders.

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ARTICLE 19. 53 of Law 1575 of 2012 > They are the functions of the Department of Fire Departments, in addition to those assigned to it by the National Fire Board of Colombia, the following:

a) Represent the Fire Corps to the various public and private sectionals, and particularly to the Regional Disaster Care and Prevention Committees;

b) Strengthen the relations of the Fire Corps with the different public and private bodies;

c) Verify the compliance of the Fire Corps, the development plans and the technification of the different services, as well as the policies that have been approved by the Colombian National Fire Board;

d) Promote the creation, organization and technification of Fire Corps in all districts, municipalities and indigenous territories of the department;

e) Foster the administrative and technical collaboration of the Fire Corps of the department;

f) Serve as a consultative body at the departmental level, especially for the Regional Disaster Prevention and Care Committees;

g) Formulate plans and programs to improve the Fire Corps;

(h) Exorder your own regulations in accordance with the provisions of the Colombian National Fire Board.

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ARTICLE 20. 53 of Law 1575 of 2012 > In Santa Fe de Bogota, D.C., the District Fire Department will serve the same functions of the Departmental Fire Department.

The Board of Directors of the District Delegation will be made up of the Mayor or his delegate, who will preside over it; the Commander of the Fire Department; by six Commanders of equal numbers of localities; and by the Commander of Fire Volunteers.

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ARTICLE 21. 53 of Law 1575 of 2012 > The National Fire Department is an organ of the Colombian National Fire System. It consists of a delegate from each of the departmental delegations, appointed by the respective boards.

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ARTICLE 22. 53 of Law 1575 of 2012 > These are the functions of the National Fire Delegation:

a) Choose the four delegates that will integrate the National Fire Board of Colombia;

b) To evaluate, at its annual meetings, the implementation and development by the Fire Corps of the policies, programs and operational, organizational and technological projects emanating from the National Fire Board of Colombia and to make the recommendations to be in place;

c) Contribute to the integration of the different Departmental Fire Departments, as well as to the strengthening of the National Confederation of the Colombian Fire Corps.

PARAGRAFO. It is up to the District Fire Delegation to exercise the Technical Secretariat of the National Fire Delegation.

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ARTICLE 23. 53 of Law 1575 of 2012 > The National Fire Board of Colombia as a permanent decision-making body and an adviser to the Minister of the Interior, is in charge of the national order to determine the overall policies and general regulations of technical, administrative and operational order to be complied with by the Fire Corps for the provision of the public service for fire prevention and attention; and The following are the main problems in the field of the environment: Colombia.

The government will regulate the operation of the Colombian National Fire Board.

PARAGRAFO. The National Fire Board of Colombia will be part of Chapter V of Law 52 of 1990 and Chapter IV of Decree-Law 2035 of 1991.

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ARTICLE 24. 53 of Law 1575 of 2012 > The National Fire Board of Colombia will be composed of:

(a) The Minister of the Interior or his delegate who shall preside over it;

b) The National Director for Disaster Care;

(c) The Director General of the National Police or its 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 Bodies of Colombia;

h) Four representatives of the Fire Corps, on behalf of the National Fire Department.

PARAGRAFO 1o. To be a representative of the Fire Corps, it is necessary to be or have been Commander or Subcomandante and have at least five years of active duty.

PARAGRAFO 2o. In any case of the National Fire Board of Colombia, at least two of the Commanders of the Volunteer Fire Corps will participate.

PARAGRAFO 3o. When the Board so requires, they may invite other Ministers, Heads of Administrative Departments, Directors or Managers of public or private entities.

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ARTICLE 25. 53 of Law 1575 of 2012 > They are functions of the National Fire Board of Colombia:

a) Adopt general policy, plans and programs in the sector;

b) Dictate the administrative, technical and operational regulations to be met by the country's Fire Corps;

c) Reglamenting the organization and functioning of the National Delegation, the Departmental Delegations and the District Fire Delegation, in accordance with the provisions of this Law for each of these;

d) In addition to those determined by Article 19 of this Law, assign additional functions to the Departmental Delegations or District Fire Delegation;

e) Adopt the technical and short-, medium-and long-term technology and equipment plans for the harmonious development of the Colombian National Fire System;

f) Formulate training and training plans and programs for staff who aspire to enter the Fire and Upgrade Corps and upgrade for those who are part of them;

g) Reglamenting and unifying at the national level degrees, badges and flags of the Fire Corps;

h) Serve as a liaison and a means of consultation of the Fire Brigade and Fire Delegations that exist in the national territory, in their capacity as the highest authority of the Colombian Firefighters;

i) Promote the creation of Fire and Fire Service Corps, in accordance with plans for the development of the sector;

j) Velar for the performance of the different functions of the Fire and Fire Service Corps, cooperating in the solution of their organizational, operational, functional and financing problems, recommending the initiatives or procedures which it considers advisable;

k) Vellar for the strengthening of the institutional relations between the Fire Corps and the public authorities and the private sector of the country;

l) Set the technical requirements and minimum qualities to be met by those who aspire to the different positions within the Fire Corps. In accordance with international guidelines and recommendations, setting minimum and maximum requirements for the permanence of personnel as active firefighters in fire control operations and other calamities, of competence of the Firefighters;

ll) Verify compliance by the Fire Corps, development and technification plans of the different services, as well as policies that have been adopted for the improvement of the sector;

m) To attend the annual meetings of the National Fire Delegation in plenary, to participate in the evaluation report;

n) Citar, prepare and organize the annual meeting of the National Fire Delegation, in accordance with the guidelines of the Technical Secretariat of the National Fire Delegation;

n) To be the interlocutor of the National Fire System of Colombia to all public or private bodies and levels and to international organizations related to the sector.

TRANSIENT. The National Fire Board of Colombia must meet within sixty (60) calendar days following the validity of this Law.

They will act as representatives of the Fire Corps at the first meeting of the Board, who were elected as such in compliance with Article 55 of Decree 919 of 1989.

The National Fire Board of Colombia constituted under this article will have as unique functions the following:

(a) Determine the transitional procedure for the election of the Board members referred to in Article 23, literal (h) of this Law, choice to be made within the following twelve (12) months;

b) Prepare the projects to be submitted for consideration by the Board at its next meeting;

c) To promote the operation of the National Fire System and to present at the end of the twelve (12) months an evaluation of the developments made before the National Government.

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ARTICLE 26. 53 of Law 1575 of 2012 > In compliance with the provisions of this Law, it corresponds to the National Directorate for Disaster Prevention and Prevention of the Ministry of Health Interior exercise the following functions:

a) Play the Technical and Executive Secretariats of the Colombian National Fire Board;

b) Develop and prepare projects that the National Fire Board of Colombia determines, for study and decision;

c) Subscribe with the President of the National Fire Board of Colombia the minutes of that body once they are approved;

d) Carry the books and documents of the Colombian National Fire Board and subscribe to the correspondence;

e) To attest to the minutes, regulations and other decisions taken by the Colombian National Fire Board in the exercise of the jurisdiction conferred upon it by this Law.

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ARTICLE 27. 53 of Law 1575 of 2012 > The Volunteer and Official Firefighters shall enjoy the rights of Social Security, in accordance with the laws in force.

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ARTICLE 28. 53 of Law 1575 of 2012 > The insurance entity that has granted the corresponding fire risk coverage shall contribute to the National Fire Fund. sum equal to 1% on the paid value of the insurance policy. The value of this contribution must be made to the National Fire Fund within the month following the purchase of the said policy.

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ARTICLE 29. 53 of Law 1575 of 2012 > Sendos representatives appointed by the National Fire Board of Colombia, will be part of the National Technical Committee and the Operating Committee National, respectively, that they are dealt with in Articles 55 and 56 of Decree 919 of 1989.

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ARTICLE 30. 53 of Law 1575 of 2012 > Of the Regional and Local Committees for Disaster Care and Prevention referred to in Article 60 of Decree 919 of 1989, shall form respectively, a representative appointed by the Board of Directors of the Department of Fire and the Commanders of the Fire Corps of the Districts, Municipalities and Indigenous Territories.

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ARTICLE 31. 53 of Law 1575 of 2012 > The Nation and its decentralized entities will be able to delegate to the National Fire System of Colombia, some of its functions of supervision and control, upon request filed with the National Fire Board of Colombia and once it has been issued in firm, favorable concept.

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ARTICLE 32. 53 of Law 1575 of 2012 > The Ministry of Communications shall set special rates for the award and use of radio communications frequencies to be used by the Ministry of Communications. Colombian National Fire System agencies.

As regards the frequencies of radio communications used by the Fire Corps in its operational activities, which are specific to the provision of the public service in its capacity, the Ministry of Communications shall exonerate the said Corps of Firemen of any fee for their award and use, without losing the property, control and supervision of the same.

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ARTICLE 33. 53 of Law 1575 of 2012 > The recognition, suspension and cancellation of legal status, the approval of the statutes and the registration of the dignitaries of the Volunteer Fire Bodies, it is up to the Secretariats of Departmental Government in accordance with the guidelines given to the effect by the National Fire Board of Colombia and with the written authorization of the mayor.

Prior to the granting of the legal status, a favorable concept is required of the Departmental Delegation or District of Firefighters regarding the fulfillment of the technical provisions determined by the National Fire Colombia.

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ARTICLE 34. 53 of Law 1575 of 2012 > For the purposes of this law, the National Confederation of the Colombian Fire Corps represents the Official Fire Corps and Volunteers from the country.

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ARTICLE 35. 53 of Law 1575 of 2012 > The National Government will determine the deadline for the Fire Corps in the country to comply with the provisions of this Law and to the regulations issued by the Colombian National Fire Board.

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ARTICLE 36. 53 of Law 1575 of 2012 > Fire activity will be considered as a high risk employment for all Social Security effects.

Those who work as firefighters will enjoy the coverage of life insurance for the duration of their work, in accordance with the regulations that the National Government will issue for the purpose.

PARAGRAFO. The National Government, in agreement with the Ministry of Labor in the regulations of this Law, will issue a special regime for workers in the Fire Corps.

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ARTICLE 37. 53 of Law 1575 of 2012 > Create a special disciplinary regime for the Colombian Fire Corps and review extraordinary powers to the President of the Republic for the term of six (6) months, according to the number 10 of article 150 of the Political Constitution, to regulate such a regime, with the advice of the Board National of Colombia Firefighters.

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ARTICLE 38. 53 of Law 1575 of 2012 > This Law governs from the date of its enactment and repeals Law 12 of 1948 and other provisions that are contrary to it.

The President of the honorable Senate of the Republic,

LUIS FERNANDO LONDONO CAPURRO.

The Secretary General of the honorable Senate of the Republic,

PEDRO PUMAREJO 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.

Publish and execute.

Dada en Santa Fe de Bogota, D.C., 4 October 1996.

ERNESTO SAMPER PIZANO.

The Minister of the Interior,

HORACIO SERPA URIBE.

The Deputy Minister of Finance and Public Credit,

in charge of the Dispatch functions

from the Minister of Finance and Public Credit,

EDUARDO FERNANDEZ DELGADO.

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