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Article 1st. - It is created in each department a public body, is named << departmental service of fire and help >>, which contains a departmental body firemen, composed under the conditions provided for in article 5 and organized in centers of fire and help. It understands a department of health and medical help. Also have the quality of service of fire and helps the centers of fire and helps which concern the communes or public establishments of inter-commune co-operation laying out of a communal or inter-commune body firemen. The centers of fire and help understand main help centres, help centres and centers of first intervention.
Article 2. - The help and fire protection organizations are in charge with the prevention, protection and the fire control. They contribute, with the other services and professionals concerned, with protection and the fight against the other accidents, disasters and catastrophes, with the evaluation and the prevention of the technological or natural risks like to the emergency helps. Within the framework of their competences, they exert the following missions: 1o prevention and the risk estimate of civil security; 2o preparation of the safeguard measures and the organization of the backup facilities; 3o the protection of the people, the goods and the environment; 4o emergency helps with the people victims of accidents, disasters or catastrophes like their evacuation.
Article 3. - The help and fire protection organizations are placed for employment under the authority of the mayor or the prefect, acting within the framework of their respective capacities of font. To ensure the missions of prevention which fall to them, in particular with regard to the regulation applicable to the panic and fire hazards in the establishments receiving of the public, the mayor or the prefect has the means concerned with the help and fire protection organizations. The means available to the departmental service of fire and helps devoted to the preventive actions are defined by the board of directors by taking account of the number of the establishments in the concerning department regulation applicable to the panic and fire hazards in the establishments receiving of the public.
Article 4. - In the exercise of their policing powers, the mayor and the prefect the means implement concerned with the help and fire protection organizations under the conditions provided for by an operational regulation stopped by the prefect after opinion of the board of directors of the departmental service of fire and help.
Article 5. - The departmental body firemen is made up: 1o Of the professional firemen; 2o Of the following voluntary firemen: - voluntary firemen concerned with the communal or inter-commune bodies serving main help centres or help centres; - voluntary firemen concerned with the communal or inter-commune bodies serving centers of first intervention whose communes or public body of inter-commune co-operation asked, on decision of their deliberating part, fastening with the departmental body; 3o auxiliary firemen of the security service civil.
Article 6. - A joint closure of the prefect and chairman of the board of the departmental service of fire and help fix, after opinion of the board of directors, the organization of the departmental body. In the event of difficulties of operation, the departmental body is dissolved by closure of the home secretary, taken on a proposal from the prefect, after opinion of the board of directors of the departmental service of fire and help. This closure specifies the conditions of reorganization of the body and the necessary measures to ensure the helps until this reorganization. In the event of dissolution of a departmental body of an overseas department, the opinion of the minister in charge for the overseas departments is also necessary.
Article 7. - A departmental diagram of analysis and covering of the risks draws up the inventory list of the risks of any nature for the security of the people and the goods to which must face the departmental service of fire and help in the department and determines the objectives of covering of these risks by this service. The departmental diagram of analysis and covering of the risks is prepared, under the authority of the prefect, by the departmental service of fire and help. Within two year as from the promulgation of this law, the prefect stops the departmental diagram, on assent of the board of directors of the departmental service of fire and help. The diagram is revised on the initiative of the prefect or with that of the board of directors.
Article 8. - Without prejudice of the provisions of the item L 2256 2 of the general code of the territorial collectivities, the transfer of competences of management provided for by the present law at the profit of the departmental service of fire and help carries transfer of the civil liabilities of the communes or the public corporations of inter-commune co-operation under the damage resulting from the exercise of these competences. CONTAIN II RELATIVE TENDENCIES AT the Departmental service Of FIRE AND HELP Chapter competences Section 1 the personnel management
Article 9. - The professional firemen, officers and not officers, are recruited and managed by the departmental service of fire and help, within the framework of the legislative measures and are lawful which are applicable for them. The professional firemen officers and, when they are selected among the professional firemen not officers, the heads of center of fire and help and the chiefs of police communal or inter-commune are appointed in their use and, with regard to the officers, in their grade, jointly by the competent jurisdiction of the State and the chairman of the board of the departmental service of fire and help. When the professional firemen officers are affected in a center of fire and concerning help a commune or a public corporation of inter-commune co-operation, the decision of assignment is made after assent of the mayor or the chairman of the public body of inter-commune co-operation concerned. This opinion is also necessary before the decision of assignment of a professional fireman not officer in the capacity as chief of a communal or inter-commune body or a center of fire and concerning help a commune or a public body of inter-commune co-operation.
Article 10. - The voluntary firemen members of the departmental body are engaged and managed by the departmental service of fire and help. The voluntary firemen officers members of the departmental body and, when they are selected among the voluntary firemen not officers members of the departmental body, the heads of center of fire and help are appointed in their functions and, with regard to the officers, in their grade, jointly by the competent authority of the State and the chairman of the board of the departmental service of fire and help.
Article 11. - In the centers of fire and concerning help a commune or a public corporation of inter-commune co-operation, the firemen voluntary officers and, when they are selected among the voluntary firemen not officers, the heads of center of fire and help and the chiefs of police are appointed in their functions and, with regard to the officers, in their grade, jointly by the competent authority of the State and the mayor or the chairman of the public body of inter-commune co-operation. Section 2 goods
Article 12. - The departmental service of fire and built help, acquires or rents the goods necessary to its operation. It is only qualified to acquire or rent the hardware requirements with the missions of the centers of fire and concerning help communes and public establishments of inter-commune co-operation. It ensures management and the conversation of it. An industrial development programme is stopped by the board of directors according to the objectives of covering of the risks fixed by the departmental diagram mentioned at article 7. It determines the hardware which will be placed at the disposal of the centers of fire and concerning help communes and public establishments of inter-commune co-operation. Chapter II transfers of personnel or goods to the departmental service of fire and help Section 1 transfers of personnel
Article 13. - The professional firemen who, at the date of the publication of this law, note of a communal or inter-commune body are transferred to the departmental body under the conditions fixed by a signed Convention enters, on the one hand, the commune or the public corporation of inter-commune co-operation and, on the other hand, the departmental service of fire and help. The statutory guarantees their executives of employment remain to them applicable. The Convention fixes, after consultation of the qualified equal authorities, the procedures of the transfers which will have to intervene within five year as from the promulgation of this law.
Article 14. - The voluntary firemen concerned with a communal or inter-commune body serving a main help center or an help center with the publication date of this law are transferred to the departmental body. A signed Convention enters, on the one hand, the commune or the public body of inter-commune co-operation and, on the other hand, the departmental service of fire and help lay down the procedures of the transfers which will have to intervene within five year as from the promulgation of this law.
Article 15. - When a commune or a public corporation of inter-commune co-operation required, on decision of its deliberating part, fastening with the departmental body of a body communal or inter-commune, departmental service of fire and help carries out the fastening of the voluntary firemen under the conditions fixed by its board of directors. Competences commitment management of the voluntary firemen mentioned with the preceding subparagraph are transferred from the commune or the public establishment of inter-commune co-operation to the departmental service of fire and help.
Article 16. - Administrative staffs, techniques and specialized in the territorial public function which do not have the quality of professional fireman and who takes part in the operation of the centers of fire and of concerning help a commune or a public body of inter-commune co-operation can be placed at the disposal of the departmental service of fire and help on their request and with the agreement for this service and that of the commune or the public body of inter-commune co-operation. The procedures of management of this personnel are determined by a Convention enters, on the one hand, the commune or the public body of inter-commune co-operation and, on the other hand, the departmental service of fire and help, after consultation of the qualified equal authorities. Section 2 transfers of goods
Article 17. - The goods affected, at the effective date of this law, by the communes, the public corporations of inter-commune co-operation and the department with the service operation of fire and helps and necessary to the departmental service operation of fire and help are put, on a purely free basis, as from the date fixed by a Convention, with the provision of the aforementioned, subject to the provisions of article 19. This Convention, concluded enters, on the one hand, the commune or the public corporation of inter-commune co-operation or the department and, on the other hand, the departmental service of fire and help, regulates the procedures of the availability which will have to intervene within five year as from the promulgation of this law. Subject to the provisions of the fifth subparagraph with regard to the loans, the departmental service of fire and help succeeds the commune, the public body of inter-commune co-operation or the department in their rights and obligation. For this reason, it is substituted to them in the contracts of any nature concluded for installation, operation, the conversation or the preservation of the assets placed at its disposal, like for service operation. This substitution is notified by the communities concerned with their contracting. When the goods cease being affected with the service operation of fire and help, their availability ends. The Convention mentioned with the second subparagraph fixes the conditions under which is assured the assumption of responsibility the settlement of the loans contracted under the goods placed at the disposal.
Article 18. - On its request, the commune or the public corporation of inter-commune co-operation or the department can see themselves entrusting, by the departmental service of fire and help, the responsibility for an operation for major repairss, extension, rebuilding or equipment of center of fire and help existing at the date of the availability. This operation must have been the subject of a preliminary decision of financing of the commune, public establishment of inter-commune co-operation or department.
Article 19. - Independently of the Convention provided for in article 17, and any time, the transfer of the goods to the departmental service of fire and help can take place in freehold. A Convention lays down the procedures of the transfer of property. This transfer does not give place to the collection of duty, taxes or fees. Section 3 procedures of transfers
Article 20. - For the development of the Conventions provided for in articles 13,14 and 17, each party can require the opinion of the departmental advisory Commission provided for of article 21, on legal or financial questions. In the event of disagreement on one or more provisions of the draft convention mentioned in article 17, the two parties can designate by mutual agreement a referee whom they choose on a list of qualified people, stopped by the chairman of the regional court of the accounts in the spring of which the departmental service of fire and help is. The two parties deal with, with equal shares, the remuneration of the referee. The returned arbitration links the two parties.
Article 21. - The departmental advisory Commission mentioned in article 20 understands, in addition to the four representatives of the firemen who sit at the board of directors of the departmental service of fire and help: 1o Four representatives of the department elected by the general advice in his bosom; 2o Four representatives of the communes and the public body of inter-commune co-operation elected by the college of the mayors and chairmen of public body of inter-commune co-operation in the department, in its bosom; 3o the general paymaster and the department manager tax of the department, or their representative, and an expert appointed by the prefect. The representatives of the department, the communes and the public body of inter-commune co-operation cannot exercise a mandate of board member of administration of the departmental service of fire and help. The chairman of the advisory commission is elected by the college of the representatives of the department, the communes and the public corporations of inter-commune co-operation, in his bosom.
Article 22. - In the absence of signature of the Conventions provided for in articles 13,14 and 17, six months before the time allowed in these same items, a National Commission regulates, on sasine of the prefect, within six month, the situation of the personnel and goods transferred to the departmental service from fire and help, after consultation, for the personnel, of the qualified equal authorities. Its decision is notified to the mayor of the commune or to the chairman of the public body of inter-commune co-operation or to the chairman of the general advice and with the chairman of the board of the departmental service of fire and helps concerned within one month.
Article 23. - The National Commission provided for in article 22 is chaired by the home secretary or his representative. It understands: - three representatives of the State; - three chairmen of general advice; - three mayors or chairmen of public corporation of inter-commune co-operation; - three firemen. This Commission is chaired by the minister in charge for the overseas departments or its representative, when the commune or the public body of inter-commune co-operation or the department are located overseas. Departmental chapter III Service organization of fire and help Section 1 the board of directors
Article 24. - The departmental service of fire and help is managed by a board of directors made up representatives of the department, communes and qualified public body of inter-commune co-operation helps fire control, elected for three years under the following conditions: 1o Eight seats broken down per half enters, on the one hand, the department and, on the other hand, the communes and the public body of inter-commune co-operation. The mayors of the department and the chairmen of public corporations of inter-commune co-operation concerned constitute a college in which they elect their representatives with the majority list system to a turn; 2o a) In the departments of more than 570 900 inhabitants at least cash a commune or a public body of inter-commune co-operation whose contribution to the departmental service of fire and help represents a minimal amount of 33 p. 100 of the receipts, twenty-two offices proportionally distributed with the respective contributions of the department, the whole of the communes, and the whole of public establishments of inter-commune co-operation to the budget of the departmental service of fire and help; b) In the other departments, fourteen seats distributed proportionally with the respective contributions of the department, the whole of the communes, and the whole of public establishments of inter-commune co-operation to the budget of the departmental service of fire and help. These contributions are noted in accordance with the provisions of articles 26 and 46. The representatives of the department are elected by the general advice in his bosom. The representatives of the public body of inter-commune co-operation are elected by the chairmen of these public corporations to the proportional representation system with the strongest remainder among the chairmen, the board members and the mayors of common the members of this public body. The mayors of the communes which are not members of this public body elect in their bosom their representatives with the proportional representation system with the strongest remainder. The number of votes available to each mayor, on the one hand, each chairman of public establishment, on the other hand, within their respective electoral college is determined by the amount of the contribution of the commune or the public corporation, with due proportion of the total of the contributions of the communes, on the one hand, and of public establishments of inter-commune co-operation, on the other hand. In the event of absence or of prevention, the board members of administration are replaced by substitutes elected according to the same procedures and for the same duration as them. Assist, in addition, with the meetings of the board of directors, with advisory voting right: - the departmental director of the help and fire protection organizations; - the head doctor of the department of health and medical help of the firemen; - a professional fireman officer, a professional fireman not officer, a voluntary fireman officer and a voluntary fireman not officer, elected at the same time in membership of the administrative and technical Commission of the fire protection organizations and help, provided for in article 31, and of board member of administration.
Article 25. - The prefect or his representative automatically attends the meetings of the board of directors. If a discussion appears likely to affect the operational capacity of the departmental service of fire and help or the good distribution of the means, the prefect can ask for a new discussion.
Article 26. - The board of directors deliberates, six months before the renewal of his members, on the amendments having to be brought to his composition, according to the development of the contributions of the communes, the public body of inter-commune co-operation and the department to the budget of the departmental service of fire and help. The prefect fixes, by closure, the distribution of the seats, within sight of the discussion aimed to the first subparagraph.
Article 27. - The is elected by the board members of administration being entitled to vote, in its bosom, in the majority absolute, for one three years duration. If this election is not acquired after the two first ballots, it is proceeded to a third ballot and the election takes place in the majority relative of the votes cast. In the event of equal sharing of the voting rights, the election is acquired for the benefit of the age. The board of directors elects a vice-president under the same conditions.
Article 28. - The board of directors meets on the initiative of his chairman at least once per six-month period. In the event of urgency, the board of directors meets on convocation of his chairman, on the initiative of the aforementioned or on request of the prefect or of five of his members, on a given day order. The board of directors meets automatically the third day following the sending of the convocation to the prefect and his members.
Article 29. - The board of directors regulates by his discussions the businesses relating to the administration of the departmental service of fire and help. The discussions of the board of directors relating to the budget of the departmental service of fire and help and with the amount of the contributions of the communes, the public corporations of inter-commune co-operation and the department are taken with the two-third majority of the attending members.
Article 30. - The is guaranteeing good administration of the departmental service of fire and help. For this reason, it prepares and carries out the discussions of the board of directors. It passes the markets on behalf of the establishment, receives on its behalf the gifts, legacy and grants. It represents the establishment in justice and is the director. Section 2 administrative and technical Commission of the help and fire protection organizations
Article 31. - It is instituted near the board of directors of the departmental service of fire and help an administrative and technical Commission of the fire protection organizations and help. This Commission is consulted on the questions of technical order or operational interesting the help and fire protection organizations, subject to the provisions of article 40. It understands representatives of the professional and voluntary firemen, elected for three years by the firemen in service in the department, and the head doctor of the department of health and medical help of the firemen. It is chaired by the departmental director of the help and fire protection organizations. Section 3 the departmental director of the help and fire protection organizations
Article 32. - The departmental director of the help and fire protection organizations is appointed by the home secretary after opinion of the prefect and with the agreement of the chairman of the board of the departmental service of fire and help. When the departmental service of fire and help is in an overseas department, the decision of appointment is made after opinion of the minister in charge for the overseas departments. When the did not make known its position within two month as from the project of appointment which was forwarded to him for agreement by the home secretary or his representative, or when he refused to give his agreement to three successive projects of appointment, the departmental director of the fire protection organizations and of help is appointed by the home secretary, after opinion, if necessary, of the minister in charge for the overseas departments.
Article 33. - Under the authority of the prefect, the departmental director of the help and fire protection organizations ensures: - operational management of the departmental body of the firemen; - management of the preventive actions concerned with the departmental service of fire and help; - the control and the coordination of the whole of the communal and inter-commune bodies. For the exercise of these missions, it can receive delegation of signature of the prefect. Under the authority of the prefect or the mayor acting within the framework of their respective capacities of font, it is also in charge of implementation the operational with the unit with the fire control and backup facilities.
Article 34. - Under the authority of the , the departmental director of the help and fire protection organizations ensures the administrative office and financial of the establishment. He can receive delegation of signature of the chairman. Chapter IV financial contributions of the communes, the public body of inter-commune co-operation and the department to the budget of the departmental service of fire and help
Article 35. - The procedures of calculation of the contributions of the communes, of the qualified public corporations of inter-commune co-operation for the management of the help and fire protection organizations and of the department to the financing of the departmental service of fire and help are laid down by the board of directors of the departmental service of fire and help, under the conditions provided for by the second subparagraph of article 29. The contributions of the communes, the public body of inter-commune co-operation and the department to the budget of the departmental service of fire and help constitute obligatory expenditure. Before November 1st of the year preceding the exercise, the estimated amount of the contributions mentioned to the preceding subparagraph, adopted by the board of directors of the departmental service of fire and help, is notified to the mayors, to the chairmen of the public body of inter-commune co-operation and to the chairman of the general advice. If no discussion is taken under the conditions provided for with the first subparagraph, the contribution of the communes, the public body of inter-commune co-operation and the department is distributed enters, on the one hand, the department, and, on the other hand, the communes and the public corporations of inter-commune co-operation, in proportion of their respective contributions in the total of the contributions of the department, the communes and the public corporations of inter-commune co-operation noted in the last known administrative account. The contribution of each commune and each public body of inter-commune co-operation is then calculated, under conditions fixed by decree, according to the importance of its population, her tax potential per capita like on behalf of his contribution in the total of the contributions of the communes and the public body of inter-commune co-operation noted in the last known administrative account.
Article 36. - To the coming into effect of the Conventions provided for in articles 13,14 and 17, the minimal amount of the direct and indirect expenditure relating to the personnel and the goods mentioned by these items, other than the contributions mentioned to article 35, carried out each year by the commune, the public body of inter-commune co-operation or the department, are fixed by a Convention passed between the departmental service of fire and help, on the one hand, and the commune, the public body of inter-commune co-operation or the department, on the other hand. In the absence of Convention, the minimal amount of the expenditure mentioned with the preceding subparagraph cannot, to the coming into effect of the Conventions provided for in articles 13,14 and 17, lower being, for the operating expenses, with the average of the expenditure carried out noted in the last five known administrative accounts and, for the capital expenditures, with the average of the expenditure carried out noted in the last five known administrative accounts, made deduction of the charges of the year in connection with the investments carried out. These averages are noted by the departmental advisory Commission provided for in article 21. CONTAIN III RELATIVE TENDENCIES WITH THE FORMATION OF THE VOLUNTARY FIREMEN
Article 37. - Any voluntary fireman profits, at the beginning of his period of commitment, of an initial training and, later on, an continuing education.
Article 38. - The training costs of the voluntary firemen constitute obligatory expenditure for the commune, the public body of inter-commune co-operation or the departmental service of fire and help which they concern.
Article 39. - The departmental service of fire and help contributes to the financing of the training of the voluntary officers of firemen ensured by their national public establishment of formation. CONTAIN IV DIFFERENT AND TRANSITORY ARRANGEMENTS
Article 40. - The provisions of this law do not make obstacle with any the competences recognized with the equal authorities provided for by the laws and regulations on the territorial public function.
Article 41. - The personnel transferred pursuant to article 13 from this law preserves the advantages individually acquired at January 1st, 1996 as regards remuneration in their community or establishment of origin, if this regime is more favorable to them. They preserve under the same conditions the advantages having the redundant character of remuneration that they collectively acquired at the same date within their community or establishment via organisms with social vocation. These advantages are dealt with by the community or the establishment of origin.
Article 42. - The departmental service of fire and help is held to proceed only to the only interventions which are attached directly to its public service missions defined in article 2. If it proceeded to interventions not being attached directly to the exercise of its missions, it can ask to the profit people a share in the expenses, under the conditions determined by discussion of the board of directors.
Article 43. - The departments located in the same area of defense can decide, by concordant discussions of their general advice and after opinion of the board of directors of the departmental services of fire and helps concerned, to create an interdepartmental public body having for purpose the acquisition or the hiring of average hardware intended for the fight against forest fires or the natural catastrophes and technological. This establishment can also contribute to the training of the firemen, under the conditions laid down in a Convention concluded with the State or any qualified public body in this field.
Article 44. - The departmental service of fire and help must have within a five years deadline as from the promulgation this law: 1o Of a departmental operational center of fire and help in charge of the coordination of the operational activity of the fire protection organizations and help on the level of the department; 2o Of one, or, if necessary, several processing centers of alarm, in charge with the reception, the processing and the possible reorientation of the requests for help. The operative paragraphs of emergency call handling of the help and fire protection organizations are inter-connected with the centers of reception and regulation of the appeals of the unities taking part in help section medical urgent, called ., like with the operative paragraphs of reception of the appeals intended for the police services.
Article 45. - After their transfer to the departmental service of fire and help, the means as personnel and hardware, which concerned a commune or a public body of inter-commune co-operation to the effective date of this law, cannot, in the absence of departmental diagram of analysis and covering of the risks provided for in article 7, being assigned to a center of fire and depending help, to the same date, of another community or another public establishment. Notwithstanding the provisions of the preceding subparagraph, the board of directors of the departmental service of fire and help can decide, with the two-third majority of the attending members, to carry out an amendment of the assignment of the means as personnel and hardware.
Article 46. - For the first election of the board members of administration of the departmental service of fire and help, the administrative Commission of the existing departmental service until the effective date of this law, joined together in formation limited to the representatives of the autonomous regions and their groupings, fixes the distribution of the seats mentioned at the 2o of article 24 between the general advisers, the mayors and the chairmen of public body of inter-commune co-operation. This distribution is established according to the respective shares of the department, of the whole of the communes, and the whole of the public body concerned, in the average of the operating expenses carried out and relating to the help and fire protection organizations such as they arise from the last five known administrative accounts, and of the capital expenditures carried out and relative to these services such as they arise from the last ten known administrative accounts of the department, the communes and the public corporations concerned. The prefect fixes, by closure, the distribution of the seats, within sight of the discussion aimed to the first subparagraph.
Article 47. - The communes and the qualified public body of inter-commune co-operation as regards management of the help and fire protection organizations preserve their competences recruitment personnel management aimed to articles 9,10 and 11 until the effective date of the Convention concluded with the departmental service from fire and help. Until this date, the officers of professional firemen, the voluntary officers of firemen and the voluntary firemen not officers chiefs of police of firemen or center of fire and help are appointed in their employment or their function and their grade jointly by the competent authorities of the State and the commune or the public corporation of inter-commune co-operation or the departmental service of fire and help.
Article 48. - With the 13o of article 8 of the law No 04 8840 of December 2nd, 1994 relating to the Legislative party of the books and II of the code of the financial jurisdictions, words: << the second with fifth subparagraphs of article 56 >> are replaced by the words: << the second and third subparagraphs of article 56 >>. This item is applicable starting from December 6th, 1994.
Article 49. - With the effective date of this law, departmental service of fire and help whose creation is provided for with the item 1st is automatically substituted for the departmental service of fire and help aimed to article 56 of the law No 12 243 of March 2nd, 1982 relating to the rights and freedoms of the communes, the departments and the areas, in its drafting former to the law No 96-142 of February 21st, 1996 relating to the Législative party of the general code of the autonomous regions.
Article 50. - With the item L 3141 1 of the general code of the territorial collectivities, after the words: << of the departmental public corporations >>, the words are inserted: << and of the departmental services of fire and help >>.
Article 51. - Are repealed articles 15,16 and 17 of the law No 77 155 of July 22nd, 1987 relating to the organization of the civil security, the protection of the forest against the fire and to the prevention of the major risks.
Article 52. - I. - the 2o of the item L 8213 14 of the general code of the territorial collectivities is supplemented by the words: <<, subject to the provisions of chapter IV of bond II of book IV of the first party >>. II. - The 5o of the item L 5218 79 of the general code of the territorial collectivities is supplemented by the words: <<, subject to the provisions of chapter IV of bond II of book IV of the first party >>.
Article 53. - I. - the provisions of this law are not implemented in the departments of Paris, the Hauts-de-Seine, the Seine-Saint-Denis and the Valley-of-Marne, which remain governed by the texts which are specific for them. II. - The provisions of this law are not implemented to the commune of Marseilles, except for its articles 3,4 and 7. The departmental service of fire and help of the Rhone delta, the State and the commune of Marseilles in charge of the management of the battalion of the sailor-firemen of Marseilles, regulate by Convention the procedures of their co-operation as regards management of the means as personnel, hardware and financial. III. - The provisions of this law are not implemented to the autonomous region of Saint-Pierre-and-Miquelon, except for articles 2 and 3 and of the provisions mentioned below. It is created, in the autonomous region of Saint-Pierre-and-Miquelon, a public body appointed << service territorial of fire and help >>, equipped with the legal entity and financial autonomy. The missions of this service are those defined in article 2 of this law. The territorial service of fire and help is managed by a board of directors whose composition is fixed by decree as a Council of State. The board of directors adopts each year a budget. The receipts of the service include in particular: - annual subscriptions of the communes, whose amount is fixed each year by the chairman of the board after opinion of the consulting; - the contribution of the general advice of the territorial collectivity. Each year, the contribution of the general advice cannot be lower than 40 p. 100 of the sum of the expenditure of fire control, in investment and operation, noted with the administrative accounts of the communes at the time of the preceding exercise. For the first year of operation, the contribution of the board of director is fixed by reference to the sums noted to the administrative accounts of 1993. A decree in lays down the procedures of organization and operation of this service.
Article 54. - A decree in lays down the modes of enforcement of this law.
Article 55. - I. - the items 1st with 47,49,53 and 54 of this law, if necessary under the reserves stated hereafter, are integrated in chapter IV of bond II of book IV of the first party of the general code of the territorial collectivities under splittings and according to classification resulting from the crosswalk hereafter: ...................................................... You can consult the board in the OJ No 0105 of the 5/4/96 Page 6728 has 6735 ...................................................... II. - Consequently, the references in items of this law are replaced by references in items of the general code of the territorial collectivities in accordance with the same crosswalk. III. - In the third subparagraph of article 7, the second subparagraph of article 13, the second subparagraph of article 14, the second subparagraph of article 17 and the first subparagraph of article 44, the words: << the present law >> are replaced by the words: << the law No 96-369 of May 3rd, 1996 relating to the help and fire protection organizations >>. IV. - In the first subparagraph of article 13, the first subparagraph of article 14, the first subparagraph of article 17, the first subparagraph of article 45, the first subparagraph of article 46 and article 49, the words: << at the date of the publication of this law >> or << with the effective date of this law >> are replaced by the words: << at the date of the promulgation of the law No 96-369 of May 3rd, 1996 relating to the help and fire protection organizations >>. V. - In article 40, I, II and the first subparagraph of III of article 53, the words << of this law >> are replaced by the words << of this chapter >>. VI. - In the first subparagraph of article 41 and the third subparagraph of III of article 53, the words: << of this law >> are abolished. VII. - In article 8, the words: << of the general code of the autonomous regions >> are abolished and the words: << by the present law >> are replaced by the words: << by this chapter >>. The present law will be carried out like law of the State.
Fact in Paris, on May 3rd, 1996.
| Jacques Chirac By the President of France: The , Alain Juppe the social affair and Minister for Labor, Jacques Barrot the home secretary, Jean-Louis the Minister for the economy and finances, Jean the Minister for the civil service, the reform of the State and Dominique Perben decentralization the deputy secretary with overseas, Jean-Jacques de |
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