Sets The Institutional And Operational Framework Of The Civil Protection In The Municipal Scope, On The Organization Of Municipal Civil Protection Services And Determines The Competences Of The Operational Commander.

Original Language Title: Define o enquadramento institucional e operacional da protecção civil no âmbito municipal, estabelece a organização dos Serviços Municipais de Protecção Civil e determina as competências do Comandante Operacional Municipal.

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DRAFT law No. 130/X explanatory statement local authorities develop, since always, policies directed to relief and protection of persons and property. By designing and maintenance of firemen or municipal bodies, whether supporting significantly the bodies of voluntary firemen, the municipalities and parishes have been consecrating among its main policies, that are directly linked to civil protection. The municipal or forestry fire response and emergency medical aid, the municipalities were registering concerns within the framework of territorial planning and the management of major accidents and disasters. Following the major fires that have occurred in the years of 2003 and 2005, the municipal councils have created technical offices and developed plans for the defense of the forest, while came about operational plans. Also the growing demands in terms of fire safety, the new responsibilities in the prevention of accidents involving dangerous substances and the concerns with the supply of drinking water or floods and floods were demonstrating the necessity of creating structures that develop the study of risks, provide for occurrences of accidents and structure, planning and exercising the answers. With the passage of the new law on foundations of Civil Protection and the implementation of the integrated system of protection and relief were also created the foundations of a single command to the institutional and operational level you need now to be implemented, also within the municipalities. This legislative innovation promotes the integration of all instruments and structures, while determines the shape of the joint civil protection agents within each municipality. Ensuring that the President of the City Council is the municipal authority of civil protection in City Commission fit together the representatives of all the public and private structures necessary for the intervention in the face of major accidents and disasters, 2 2 setting even the structure of municipal services and respective competencies and implementing the operational commander, ends-if the structure of civil protection in all territorial areas. Were heard the National Association of Portuguese municipalities and the National Association of Parishes, and on an optional basis, the League of Portuguese firefighters and the National Association of professional firefighters. They were completed the negotiation procedures arising from Act No. 23/98 of May 16.

So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following proposal of law: article 1 subject-matter and scope this law defines the institutional and operational framework of the civil protection in the municipal scope, on the Organization of Municipal Civil Protection Services and determines the competences of the Municipal operational commander in development of law No. 27/2006 , 3 July.

Article 2 objectives and fields of action 1-Are fundamental objectives of the municipal civil protection: a) Prevent the municipal territory collective risks and the occurrence of serious accident or catastrophe resulting from them; b) Mitigate the risks collective municipality and limit its effects in the case of the occurrences described in the preceding paragraph; c) Assist and watch on the municipal territory people and other living beings in danger and protect goods and cultural, environmental values and high public interest; d) support resetting the normalcy of people's lives in the areas of the municipality affected by a major accident or disaster. 3 3 2-the activity of municipal civil protection exercises in the following areas: Survey, forecasting, evaluation) and collective risk prevention of the municipality; b) permanent Analysis of the vulnerabilities before municipal risk situations; c) adequate information and training of the people of the County to their awareness of self-protection and to cooperate with the authorities; d) emergency solutions planning in order to search, rescue, provision of relief and assistance, as well as the evacuation, accommodation and food supply of the populations present in the municipality; and Inventory of resources and media) available and more easily deployable, at the municipal level; f) Study and dissemination of appropriate forms of protection for General buildings, monuments and other cultural assets, infrastructure, archival heritage, essential services, facilities and the environment and natural resources existing in the municipality; g) forecasting and planning of actions concerning the possibility of isolation of areas affected by scratches on the municipal territory.

Article 3 municipal civil protection Commission 1-In each municipality there is one municipal civil protection Committee (CMPC), organism that assures that all the entities and institutions of municipal scope indispensable protection and relief operations, emergency and predictable assistance or resulting from serious accident or catastrophe are dovetailed with each other, ensuring the means considered appropriate to management of occurrence in each concrete case. 2-the municipal civil protection Commission: a) the Mayor, who presides over; (b)) the operational commander Hall; c) an element of the command of every fire department in the municipality; d) an element of each of the security forces present in the municipality; and the health authority) municipality; 4 4 f) the leader of the local health unit or the director of the Center for health and the director of the hospital of the area of influence of the city, appointed by the director-general of health; g) A representative of the social security services and solidarity; h) representatives of other entities and services deployed in the city, whose activities and functional areas may, in accordance with the risks and characteristics of the region, contributing to civil protection actions. 3-Are powers of the municipal civil protection committees as assigned by law to the district committees of civil protection which are appropriate to the reality and size of the municipality, including the following: a) press the municipal emergency plan, send it for approval by the National Commission on Civil Protection and monitor their implementation; b) Follow the policies directly related to civil protection system to be developed by public officials; c) Determine the actuation of the plans, as appropriate; d) ensure that the entities and institutions that make up the municipal-level triggering CMPC, as part of its organisational structure and its tasks, the resources necessary for the development of civil protection actions; and Disseminate press releases and notices) to people and to the entities and institutions, including the media.

Article 4 permanent Subcommittees in the municipalities where appropriate, given the frequency or magnitude of the predictable manifestation of certain risk, the municipal civil protection Commission can determine the establishment of permanent subcommittees, which are subject to the ongoing monitoring of the situation and the subsequent civil protection actions, in particular in the areas of security against floods, fires of different natures , biological or chemical accidents.

Article 5 5 5 1 Town Hall-the Town Hall, through the SMPC, the municipal emergency plan for subsequent approval by the National Commission for Civil protection. 2-the Town Hall is heard on the establishment of land-use measures taken after the Declaration of the State of calamity, particularly with regard to special protection measures and preventive measures adopted for interim adjustment of land use in delimited parts of the area covered by the Declaration, in particular by virtue of the suspension of municipal land use plans or special plans of spatial planning.

Article 6 1 the Mayor-the Mayor of the municipality is the municipal civil protection authority. 2-the Mayor is competent to declare the situation of municipal scope and alert is heard by the Civil Governor for effect of Declaration of district-wide alert, when is concerned the area of the respective municipality.

Article 7 Parish Councils The Parish Councils have a duty to cooperate with the municipal civil protection services, providing all the help that they are requested, within the framework of its tasks and competencies, own or delegated.

Article 8 local units depending on the specific location of certain risks, the municipal civil protection Commission can determine the existence of local civil protection units from part of the parish, its Constitution and tasks. Article 9 6 6 municipal civil protection Services

1-the municipalities have a municipal civil protection service (SMPC), responsible for carrying out civil protection activities in the municipal scope. 2-The SMPC are appropriate to the exercise of the function of protection and relief, variables according to the characteristics of the population and of the risks existing in the municipality and that, when the size and characteristics of the municipality so warrant, may include technical offices that are judged suitable. 3-the SMPC is headed by the Mayor, with the option of delegation in Councillor designated by you.

Article 10 responsibilities of the municipal civil protection services 1-it is the SMPC ensure the functioning of all municipal civil protection agencies, as well as centralize, treat and disseminate all information received concerning the municipal civil protection. 2-within the framework of its powers of planning and operations, offers the SMPC in the following skills: a) accompany the elaboration and updating the municipal emergency plan and the special plans, where they exist; b) Ensure the functionality and effectiveness of the SMPC structure; c) inventory and update permanently the media records and existing resources in the municipality, with interest for the SMPC; d) Perform technical studies aimed at the identification, analysis and consequences of natural, technological and social risks that may affect the municipality on the basis of the magnitude estimate and predictable place of their occurrence, promoting their Cartography, in order to prevent, where possible, their manifestation and to assess and minimize the effects of its foreseeable consequences; and) Keep up-to-date information on accidents and disasters that occurred in the municipality, as well as on elements relating to the conditions of occurrence, 7 7 measures adopted to cope with its consequences and the conclusions about the success or failure of the action taken in each case; f) plan the logistical support to be provided to victims and rescue forces in emergency situations; g) Lift, organise and manage the accommodation centers to operate in emergency situations; h) previous intervention plans and prepare and propose the execution of exercises and drills that contribute to an efficient handling of all entities involved in civil protection actions; I) Study the issues that will be tasked with proposing solutions that consider more appropriate. 3-in the areas of prevention and safety, the SMPC shall: a) propose measures of security risks listed; b) collaborate in the elaboration and execution of drills and simulations; c) draft rules of prevention and security; d) carry out awareness-raising activities for security issues, preparing and organizing the population risks and foreseeable scenarios; e) Promoting information campaigns on preventive measures, directed at specific segments of the target population, or about specific risks in likely scenarios previously defined; f) Promote volunteering in civil protection; g) Study the issues that will be tasked with proposing solutions to understand more. 4-concerning the field of public information, the SMPC has the following powers: a) ensure research, analysis, selection and dissemination of documentation with importance for civil protection; b) Publicize the mission and structure of the SMPC; c) Collect public information emanating from the committees and offices that make up the SMPC intended for public disclosure concerning preventive measures or disaster situations; d) Promote and encourage dissemination actions on civil protection among the citizens with a view to the adoption of measures of self-protection; and) Indicate, on the verge of serious accidents or disasters, the guidelines, 8 8 preventive measures and procedures to be taken by the population to cope with the situation; f) to follow up on other procedures for determination of the mayor or Councillor with delegated powers. 5-within the powers of the SMPC forest can be exercised by the technical Office.

Article 11 1-institutional coordination and collaboration the various agencies that make up the municipal civil protection service should establish institutional collaboration relations among themselves, in order to increase the efficiency and effectiveness of the measures taken. 2-Such coordination and collaboration should not call into question the ultimate responsibility of the Mayor to be articulated with the competences that, in this respect, the municipal civil protection Commission. 3-institutional coordination is ensured, at the municipal level, the CMPC, which comprises representatives of the entities, whose intervention is justified on the basis of each occurrence. 4-within the framework of institutional coordination, CMPC is responsible for managing the operational participation of each force or service in the relief operations to trigger.

Article 12 Participation of the armed forces 1-the Mayor is empowered to request the President of the National Civil Protection Authority the participation of Armed Forces in civilian protection functions in operational area of your municipality. 2-the President of the Chamber may request the collaboration of the armed forces directly to the unit Commander deployed in your municipality, in cases of urgency manifested as provided for in paragraph 4 of article 53 of law No. 27/2006, of 3 July.

9 9 Article 13 operational commander 1 Municipal-In each municipality there is one Municipal operational commander (with). 2 it with depends on hierarchical and functionally the Mayor responsible for his appointment. 3 with acts exclusively in the territorial scope of the respective municipality. 4-the with is appointed from among the universe of recruitment that the law sets for operational commanders. 5-in the municipalities with professional firefighters or mixed bodies created by the respective city councils, the Commander of this body is, by extension, with.

Article 14 responsibilities of Commander municipal operating Without prejudice to Civil protection framework law, competes in particular with: a) monitor protection and relief operations that occur in the area of the County; b) promoting the development of the previous plans of intervention with a view to articulating ways in the face of predictable scenarios; c) Promoting periodic meetings to work on matters of scope exclusively operational, with the commanders of the bodies of firefighters; d) give an opinion on the material best suited to the operational intervention in the respective municipality; and) Appear in the scene where the circumstances advise; f) Assume the coordination of relief operations of municipal scope, in the situations provided for in the municipal emergency plan, as well as when the dimension of ominous requires the employment of more than one fire department.

Article 15 operational Joint 10 10 1-without prejudice to the hierarchical and functional dependence of the Mayor, with permanent joint operational connection remains with the district's operational commander. 2-exceptionally, when justified by the magnitude and urgency of relief, the operational commander may articulate operationally with the with, without prejudice to the provisions of the preceding paragraph. 3-in the cities of Lisbon and Oporto the joint referred to in the preceding paragraph is permanent.

Article 16 civil protection operations in case of serious accident or disaster, and in case of risk of occurrence of these phenomena, trigger municipal civil protection operations, in accordance with the municipal emergency plan, previously prepared, with a view to enabling the Steering unit of actions, the coordination of technical and operational means to engage and the adequacy of the exceptional measures to be adopted.

Article 17 Obligation of information all services and agencies to obtain information, directly or through third party communication on elements considered fundamental for civil protection measures, shall transmit such information, in the shortest possible time interval, the municipal civil protection Commission of the municipality to which they refer.

Article 18 municipal Emergency Plan

1-the municipal emergency plan is elaborated with the directives issued by the National Commission for Civil Protection, in particular: the type of risks); 11 11 b) The preventive measures to be taken; c) identifying the means and resources available, in case of serious accident or disaster; d) the definition of the responsibilities incumbent upon the bodies, services and public or private structures with competences in the field of municipal civil protection; e) the criteria for mobilization and coordination mechanisms of the means and resources, public or private, usable; f) operational structure to ensure the Steering unit and the continuous monitoring of the situation. 2-the contingency plans are subject to periodic update and should be the subject of frequent exercises in order to test its operability. 3-civil protection agents collaborate in the elaboration and implementation of emergency plans. 4-the municipal emergency plan includes obligatorily a letter and a prior plan of intervention of each type of risk exists in the municipality, since the chart scale and the detail of the plan of action by the nature of the phenomenon and should be tailored to their frequency and magnitude, as well as the severity and extent of their effects predictable. 5-aside from a municipal emergency plan can be drawn up General special plans on special risks intended to serve specific purposes, such as the municipal plan of Defense of the forest against fires and emergency plans of schools. 6-in the case of homogeneous risk areas extended the territory of more than one municipality can be drawn up special plans adjacent supra-municipal. 7-in the municipalities where appropriate can be made special plans on specific risks, in particular relating to floods, fires of different nature, biological or chemical accidents, mass movements or earthquakes.

Article 19 updating the municipal emergency plans The municipal emergency plans in force shall be updated in accordance with the new legislation of civil protection, as well as with the present law, within 180 12 12 days from the approval of the technical guidance by the National Commission for Civil protection.

Article 20 protection of fire 1 forest-In each municipality there is one municipal Committee of Defense of the forest against fires, which may be supported by technical Forestry Office, and its creation, composition and powers governed by provisions in own diploma. 2-The city councils in the area of National Defence System of the forest Against Fires (SNDFCI) exercise the powers laid down in Decree-Law No. 124/2006, of June 28.

Article 21 civil protection career civil protection's career is created by own diploma.

Article 22 Obligation of availability the service provided in the SMPC is full availability, by the staff that carries out functions cannot, except in exceptional duly justified reason, fail to attend or remain on duty in case of imminence or occurrence of a major accident or disaster, under penalty of incurring disciplinary responsibility.

Article 23 1 Training-the training of employees of the SMPC shall be carried out at the municipal level or national level, and the rules of operation and the curricular contents appear in regulation of the National Civil Protection Authority, approved by the Minister of Internal Affairs, heard the National Council of firefighters. 2-Are authorised to give the training referred to in this article, the Center for studies and training 13 13 Agencies, the National School of Firemen and the training school of the regiment of Sappers Firemen of Lisbon, and the other entities that may be recognized by Decree of the Ministers responsible for the areas of Internal Affairs and Local Administration.

Article 24 set Standard is revoked the Portaria n. º 449/2001, of 5 May.

Article 25 The effect municipalities adapted their services to the arrangements provided for in this Act within 180 days.

Seen and approved by the Council of Ministers of 15 March 2007 the Prime Minister the Minister of Parliamentary Affairs Minister Presidency