Fire Service Act (FwG) - Nature and Duties of the Fire Department (FwG)

1. The fire department is a police organ of the residential municipality, which is referred to in this law as the "municipality."

2. The duties of the fire department include firefighting and providing assistance in cases of fire. It takes necessary precautionary measures in cases of fire and explosion hazards. It is deployed in natural disasters, accidents, and catastrophes, as well as within the framework of disaster organization.

3. In the event of special occurrences or events, the municipal council may call upon individual divisions of the fire department for services.

1. Function and job titles in this Act refer to both genders.

1. The Aargau Building Insurance is responsible for the execution of statutory duties in the area of fire services, under the supervision of the cantonal government.

1. The municipalities are obligated to establish, at their own expense, a fire department organization appropriate to their circumstances, as well as the necessary firefighting and rescue facilities.

2. With the consent of the Aargau Building Insurance, municipalities may make agreements among themselves regarding the joint organization of the fire department, the joint deployment of personnel, as well as the joint acquisition and use of firefighting vehicles and equipment.

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4. The municipality must keep separate accounts of the revenues and expenditures related to the fire services.

1. The municipal council is responsible for the proper management of fire services.

2. It elects a fire commission, consisting of the fire chief, a member of the municipal council, and one to seven additional members. The municipal council appoints the president.

3. It determines the amount of the pay and any compensations, and decides on the proposals submitted to it by the commission pursuant to § 6 para. 5.

1. The Fire Department Commission is particularly responsible for

1. Recruitment and assignment of the team,

2. Conducting the necessary inspections,

3. Development of the work program,

4. Ensuring the readiness of the team as well as the equipment and facilities, and providing an annual report on this to the municipal council for the Aargau Building Insurance,

5. Submitting proposals to the municipal council regarding

a) Organization and equipment,

b) Pay and any possible compensations,

c) Preparation of the fire department budget,

d) Insurance of the fire department,

e) Promotions,

f) Attendance of courses,

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1. The municipal council may order that the costs of necessary deployments be covered by

a) Persons who have caused the deployment of the fire brigade through an intentional and unlawful action or omission;

b) Persons who have been assisted by the deployment in cases of accidents (excluding fires, explosions, and natural events);

c) Owners of the fire detection or extinguishing system in cases of repeated false alarms;

d) Applicants for services in special incidents or events.

2. Owners of fire detection and extinguishing systems are required to pay

a) A one-time fee for the costs of providing the connection at the alarm center;

b) Annually recurring fees for the maintenance of the connection.

1. Men and women are obligated to serve in the fire department of their municipality of residence.

2. The obligation to serve in the fire department begins on January 1 of the year in which the age of 20 is reached, and ends on December 31 of the year in which the age of 44 is completed.

3. To ensure first aid, the municipal assembly or the municipal council may extend the obligation to serve in the fire department until the age of 50 or, if an adequate number of the fire department is secured, reduce it to 42 years.

4. The fire department obligation is fulfilled either through active service or by paying the annual substitute fee.

5. Recruitment obligates individuals to perform active service.

6. Non-obligated persons may voluntarily serve in the fire department.

1. Individuals obligated to serve in the fire brigade who do not perform such service are required to pay an annual compensatory fee in the municipality of their residence, unless they are in an undivided legal and actual marriage with a spouse who performs fire brigade service.

2. The compensatory fee amounts to 2 ‰ of the taxable income, with a minimum of CHF 30 and a maximum of CHF 300. It is determined by the tax commission following the procedure applicable to direct taxes.

3. For spouses living in an undivided legal and actual marriage, the fee is charged collectively based on the taxable income of both spouses. If only one spouse is obligated to pay the compensatory fee, it is calculated based on half of the spouses' income.

4. When spouses living in an undivided legal marriage each have their own residence, each spouse is liable for the ordinary compensatory fee at their place of residence.

5. These provisions apply mutatis mutandis to registered partnerships.

1. Exemptions from Active Fire Service

a) * Members of the Federal Councils, Federal Courts, the Council of State, Cantonal Courts, State Attorneys, Municipal Councils and Municipal Clerks, Clergy of the National Churches, Employees of Public Transportation Companies and the Postal, Telephone, and Telegraph Services, as well as Members of the Cantonal and Municipal Police;

b) Individuals who are not capable of fire service due to obvious physical or mental disabilities, or who are deemed unfit for fire service according to a trusted medical certificate;

c) Expectant mothers and persons who are solely or mainly responsible for caring for children up to the age of 15, as well as for individuals with disabilities, the elderly, and the chronically ill, provided that the caregiving is not carried out as part of a professional activity.

1. An individual who becomes unfit for service due to circumstances caused by firefighting duties (illness or accident) is exempt from fulfilling the service replacement duty.

2. Similarly, an individual is exempt from the service replacement duty if, based on § 9 lit. b of this law, they do not perform active firefighting service.

3. Upon leaving active firefighting service, the service replacement duty of the obliged individual or, if they are living in an undivided legal and factual marriage, of the couple, is reduced as follows

a) by 10% after 5 years of service,

b) by 30% after 10 years of service,

c) by 50% after 15 years of service,

d) by 80% after 20 years of service.

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1. During recruitment and assignment, consideration must be given to suitability and, as far as possible, to professional circumstances and personal preferences.

2. Every service member is obliged to undertake the service assigned to them and the duties entrusted to them, as well as to attend the prescribed courses.

1. Municipalities are required to insure all individuals who are actively serving, in accordance with the guidelines of the Aargau Building Insurance, beyond the mandatory insurances. For the extent of the additional coverage required, the Aargau Building Insurance contributes 50% to the premiums for the municipalities.

2. The Aargau Building Insurance will, at its own expense, insure against accidents individuals who are not obligated to serve, but who assist in the event of fires, natural disasters, and firefighting exercises.

1. The municipal council shall issue regulations for the fire service, which must particularly include provisions regarding

a) the recruitment and assignment of the personnel,

b) the organization of the fire department,

c) the firefighting equipment,

d) the equipment,

e) the alarm system,

f) the operational readiness,

g) the training and operational service,

h) the reporting and control system,

i) the insurance of the fire department,

k) the administrative fines.

2. The regulations require approval by the Aargau Building Insurance.

1. Anyone who is required to perform active duty and evades this duty without sufficient excuse shall be fined by the municipal council at the request of the fire department commission.

2. The fine for each missed duty shall be at least CHF 5.-, and in the case of a repeated offense within a year, no more than four times the training pay, but at least CHF 20.-.

1. The revenue from obligatory compensation and fines is to be used for the fire service.

2. Any surplus is to be reserved for fire service purposes and for the promotion of firefighting.

1. Extinguishing systems within the meaning of § 4 primarily refer to hydrant installations with a sufficient water reserve, adequate pressure, and the necessary hose equipment including accessories. Special extinguishing agents and equipment are to be procured in agreement with the Aargau Building Insurance. Rescue devices, particularly ladders, are to be provided corresponding to the size and construction of the buildings.

2. Where hydrant installations are insufficient or cannot be installed due to technical or financial reasons, the Aargau Building Insurance, in agreement with the municipality, determines what may be used in their place.

1. Materials and facilities must be maintained in a state of readiness at all times and housed in accessible and appropriate locations.

2. Rapid deployment must be ensured through the organization of group alarm systems. Wherever possible, multiple municipalities should be integrated into a single alarm station.

3. The functionality of firefighting equipment, particularly the fire reserve and alarm systems, must be periodically inspected.

1. In larger commercial and industrial operations, as well as in all fire-hazardous businesses regardless of the size of the operation, and in all buildings and rooms intended to accommodate a large number of people, the owner of the operation is required to install fire extinguishing equipment necessary for the initial combat against a fire hazard and provide suitable rescue equipment, as directed by the Aargau Building Insurance.

2. The owner of the operation is responsible for ensuring that the equipment is continuously operational.

3. The necessary operating personnel must be appointed and trained to handle the equipment.

1. Where the Aargau Building Insurance deems it necessary, special industrial fire brigades or industrial firefighting groups are to be organized. Regulations for these must be issued, which require approval by the Aargau Building Insurance.

2. All facilities of this kind, as well as the exercises of the industrial fire brigades and industrial firefighting groups, are subject to the supervision and control of the competent fire command.

3. Industrial fire brigades are equivalent to municipal fire brigades. Service in an industrial fire brigade is considered active service within the meaning of § 7 paragraph 3.

4. The recruitment of the personnel for the industrial fire brigade is conducted by the management of the company in agreement with the competent fire commission of the municipality. In the event of disagreements regarding the assignment, the Aargau Building Insurance makes the final decision.

5. Industrial firefighting groups are formed where the firefighting activities of the company's employees are ensured only during regular working hours. Service in an industrial firefighting group does not exempt from the fire service duty in the residential municipality according to § 7 paragraph 1.

1. The regulations declared applicable by the Aargau Building Insurance are authoritative for the training of the fire brigade.

1. The Aargau Building Insurance conducts courses for the training of fire service instructors and members of the fire brigade. It may involve professional associations for assistance in this regard.

2. ...

3. The municipalities are required to provide adequate compensation for loss of earnings. The government council shall issue guidelines for this purpose.

1. The Aargau Building Insurance conducts periodic inspections of the fire departments.

1. The training in the municipality is the responsibility of the fire chief and the officers.

2. At the beginning of the year, the fire commission is to establish a training plan. The Aargau Building Insurance sets the minimum number of exercises.

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b) * ...

c) * ...

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4. Attendance at all exercises ordered by the competent authorities is mandatory.

1. The fire brigade is authorized to enter private and public properties while minimizing damage to the property.

1. Everyone is obligated to immediately report any perceived outbreak of fire to the publicly announced alarm station.

1. The alerting of the fire brigade is carried out by the fire brigade commander, his deputy, or by the alarm center. The fire brigade commander is responsible for ensuring that alerting is possible at any time, day or night.

2. During weekends when not on duty, as well as on public holidays and special occasions, a standby service must be organized.

1. The fire brigade commander is in command at the scene of the incident. Everyone is obliged to comply with his orders. In his absence, the highest-ranking officer present at the scene assumes command.

2. Members of the municipal council present at the scene are obliged to support the fire brigade command in its orders.

1. Firefighting efforts must be conducted with care to preserve the building and movable property. Water damage, in particular, should be avoided as much as possible. Building components should only be dismantled if there is a risk of collapse.

2. The fire chief must ensure that all unnecessary destruction to the property on fire is avoided.

3. Clearing the site of damage is the responsibility of the fire department, insofar as it is necessary for the complete extinguishment of the fire or for public safety.

4. If the fire department is called upon for further clearing work, the commander must reach an agreement regarding compensation with the property owner.

1. The fire department is responsible for undertaking all actions that may be useful in determining the cause of the fire and securing evidence.

1. After a fire, the site of the fire must be guarded by a fire department unit for a period appropriate to the specific circumstances.

1. A report on the deployment must be submitted to the Aargau Building Insurance in the form prescribed by it.

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1. Each municipality is obliged to provide free assistance with its fire department for operational services required within 6 km of its border, upon request.

2. Its commander is subordinate to the fire chief of the municipality affected by the damage. He may only leave the site of the damage with his team in agreement with the fire chief of the affected municipality.

3. The Aargau Building Insurance may pay a premium to fire departments that have provided aid through particularly rapid deployment to another municipality.

1. The Aargau Buildings Insurance may enter into agreements with municipalities to use their fire brigades for additional regional assistance as necessary.

2. These main fire brigades must be organized and equipped appropriately in terms of personnel and technology.

3. The Aargau Buildings Insurance grants municipalities contributions towards the expenses associated with the special tasks of a main fire brigade.

4. In the event of disasters, main fire brigades from outside their own region may also be called upon for assistance.

1. For the transportation of fire brigade equipment, municipalities are required to acquire suitable motor vehicles, unless they are temporarily exempted for compelling reasons by the Aargau Building Insurance.

2. In case of an emergency, the fire brigade command is authorized to requisition the necessary means of transportation against compensation.

1. Orders and decisions of the authorities and offices entrusted with the implementation of this law may be challenged by filing a complaint.

2. Complaints must be submitted within 30 days from the date of delivery and can be filed against orders and decisions of

a) the Fire Commission with the Municipal Council,

b) * the Municipal Council with the Aargau Building Insurance,

c) * the Aargau Building Insurance with the Executive Council.

1. Any person who contravenes the provisions of this Act and the enforcement regulations issued thereunder shall, unless another penal provision is applicable, be punished with a fine of up to CHF 1,000.

2. If an offense is committed in the course of the business operations of a legal entity or a partnership without legal personality, the penal provisions shall apply to the legal entities or partnerships. The members of the management of a legal entity and the managing partners of a partnership without legal personality shall be jointly and severally liable with the legal entity or partnership for fines and costs.

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1. This law repeals the Act on Firefighting Services dated February 28, 1905, the Executive Order of January 5, 1907, concerning the Act on Firefighting Services, the Executive Order of August 31, 1923, related to § 16 of the Act on Firefighting Services, as well as all other conflicting provisions.

1. The government council determines the effective date of this law. It is entrusted with the execution.