Microsoft Word - DL004-2015.doc REPUBLIC OF SAN MARINO DECREE - LAW 26 January 2015 n.4 (Ratification Decree-Law 166 of October 23, 2014) We the Captains Regent of the Most Serene Republic of San Marino The Decree - Law 23 October 2014 # 166 - "Attribution to the Head of the Civil Protection Service of the power to order under Article 42 of Law 87 of July 19, 1995", promulgated: Given the necessity and urgency referred to in Article 2, paragraph 2, paragraph b) of the Constitutional Law 15 December 2005 n. 183 and Article 12 of the Qualified Law 184 of 15 December 2005, namely: - the need to give the Head of the Civil Protection Service the power to order under Article 42 of the Law of 19 July 1995 n. 87 and therefore the power to authorize - in the event of landslides, broken levees, collapsed bridges, exceptional events and natural disasters, and in all cases of increased strength and of extreme urgency - the immediate occupation of the goods necessary to the realization of the works useful to remedy the state of emergency and to ensure public safety and to limit the extent of damage; - The urgent need to carry out that allocation in the light of the special contingent atmospheric and climatic conditions that represent a real and present risk to the occurrence of these events; Given the decision of the 61 State Congress adopted in the sitting of 21 October 2014; Given the amendments to the above Decree in connection with ratification of the same by the Great and General Council at its meeting on 19 January 2015; The resolution of the Great and General Council # 5 of 19 January 2015; Having regard to Articles 8 and 9, paragraph 5, of the Qualified Law n.186 / 2005; We promulgate and publish the final text of the Decree - Law 166 of October 23, 2014 as amended as a result of the amendments approved by the Great and General Council at the time of ratification: ATTRIBUTION TO THE HEAD OF THE DEPARTMENT OF CIVIL PROTECTION OF THE ORDER OF POWER IN ARTICLE 42 oF LAW 19 July 1995 No 87 Art.1 1. Article 42 of Law 87 of July 19, 1995 is replaced by the following: "Art.42 emergency Occupation In case of landslides, the broken embankments, collapse of bridges, exceptional events and natural disasters, and in all other cases of major force and of extreme urgency the Head of the Civil Protection Service, met on Coordination for Civil Protection in Article 3 of the Law 21/2006 and on the recommendation of the same, with a special order authorizing the immediate occupation of the goods necessary to the realization of functional works to remedy the state of emergency. The ordinance, which is appropriately brought to the attention of stakeholders and relevant government offices, state the period for which the emergency temporary employment can be extended within the time limits specified in Article 15, second paragraph. For the purpose of identifying the subject of occupation assets, the Head of the Civil Protection Service is supported by the relevant technical departments. In the cases referred to in paragraph one, the Technical Office of the Land Registry officials must provide as soon as the investigation of the state of consistency of the occupied property, redigendone special report in the manner prescribed in Article 20. The notice referred Article 20, second paragraph, should be given least twenty-four hours prior to the date of the finding. The ordinance authorizing the occupation ceases to be effective if employment does not follow within three months of its enactment The emergency employment benefits is determined by the Commission in Article 18, paragraph seventh according to the provisions' Article 34. ". Art.2 1. Article 160 of Law 87 of 19 July 1995 is amended as follows: "art.160 emergency executable Interventions When a product, or part of it, threatens danger, the owner or by the persons entitled under their own responsibility, are obliged to immediately inform the Civil Protection Service and the Office for Building and, in cases of extreme urgency, to provide, without prior request, to only essential temporary works to prevent imminent danger or damage. After giving notice to the Civil Protection Service and the Office for Building, and eventually put in place the only temporary structures, it is mandatory to the owner or to the persons entitled to engage in the definitive arrangement interventions, it being understood the obligation to obtain the necessary permits or building permits, if required. Received news that an artifact, an opera, a technological infrastructure, or any part thereof
threatening danger or that a work be done so as to create founded concern with regard to public safety, or hydrogeological constitute a hazard with regard to public safety, the Civil Protection Service, after a summary investigation, verified temporary works may already carried out and using, if necessary, the cooperation of other departments and State agencies, intimate to the owner or entitled to put in place the emergency measures and the times of execution of the same, to protect public safety. If it is intimated the execution of emergency measures, the owner or entitled to present to the Civil Protection Service and the Office for Building a report prepared by a qualified technician and, in the case of landslides, a geologist , representing in detail the dangerous state by providing concise description of the works to be carried out, together with related documentation to the state of fact prior to the interventions and containing an undertaking that, if necessary, request a license or permit to the relevant departments within the deadline be postponed ninety days. In the event that the safety involving the total or partial demolition of the building, the Head of the Civil Protection Service order, also, of the same artifact removal. If the emergency operations relate to goods subject to protection under the Act 10 June 1919 17 and the subsequent rules, the owner or entitled send the communication referred to in the first paragraph and the report referred to in the second paragraph of the Commission for the Preservation of Monuments. If the owner or entitled not immediately implement the provisions set out in the upper second paragraph, the Head of the Civil Protection Service sends Azienda Autonoma of State for Public Works to provide timely execution of disaster relief, and charge the expenses to the owner same.". Given at Our Residence, this day of 26 January 2015/1714 THE CAPTAINS REGENT Gian Franco Terenzi - Guerrino Zanotti THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Gian Carlo Venturini