Legislator Case Law & Legislation
511.2 CH-AR

I. General Provisions

22 Articles / Provisions · Switzerland · Canton of Appenzell Ausserrhoden
Open official source Machine-readable Markdown (.md)

Table of Provisions (22)

Statutory Text (22 Articles)

I. General Provisions

1. This Act regulates the fundamentals for the implementation of federal legislation on civil protection, civil defense, and the protection of cultural property.

II. Duties and Responsibilities

1. The Executive Council is responsible for overseeing the preparation of measures and their implementation.

2. It ensures cooperation with the federal government, other cantons, and neighboring foreign countries. It may issue regulations and enter into agreements for this purpose.

II. Duties and Responsibilities

1. The Department of Internal Affairs and Security ensures the operational readiness of the cantonal civil protection organization and determines the personnel appointments of the civil protection command.

2. It regulates the responsibilities and task divisions with the municipalities and partner organizations in civil protection.

3. The Department of Internal Affairs and Security is the competent authority, unless a different regulation is provided by law. It may delegate tasks to the Office for Military and Civil Protection.

II. Duties and Responsibilities

1. The Office for Military and Civil Protection ensures, in coordination with the Civil Defense Command, the administrative and organizational leadership of the civil defense organization.

2. The Office for Military and Civil Protection is responsible, insofar as the federal government is not responsible, particularly for

a) the recruitment, assignment, and discharge of civil defense service members;

b) the planning of training and further education, refresher courses, and missions of civil defense service members;

c) the management of personnel records;

d) the financial matters of civil defense;

e) the procurement and management of material;

f) determining the requirements for shelters and facilities in cooperation with the Office for Real Estate;

g) the monitoring of the operational readiness of shelters (Periodic Shelter Inspection PSI);

h) the protection of cultural property;

i) the initiation or waiver of criminal proceedings, insofar as the municipality is not responsible;

j) the coordination of cooperation with the federal government and other cantons.

II. Duties and Responsibilities

1. The Office for Real Estate is responsible for civil engineering protection.

2. It is particularly responsible for

a) the supervision of shelter construction;

b) the planning and management of shelter construction in collaboration with the Office for Military and Civil Protection;

c) the issuance of building permits concerning the obligation to construct shelters; the government council may delegate these tasks to municipalities;

d) the creation, equipment, maintenance, and renewal of civil protection facilities;

e) the issuance of full or partial exemptions from the shelter construction obligation, with or without substitute contributions;

f) the decommissioning of shelters;

g) ordering the performance of substitute action.

II. Duties and Responsibilities

1. The canton establishes a cantonal civil protection organization in accordance with the number of serviceable individuals, the main dangers and risks, as well as in the interest of effective task fulfillment and economical use of resources for the benefit of the canton and the municipalities.

2. It supports the municipalities in their tasks.

II. Duties and Responsibilities

1. The municipal councils ensure the execution of the tasks assigned to the municipalities. They can claim civil protection support from the canton. This is allocated by the civil protection command within the limits of available resources.

2. The municipalities are particularly responsible for

a) the construction, equipment, maintenance, operation, and renewal of public shelters;

b) the alerting and informing of the population in coordination with the cantonal management staff;

c) the co-financing;

d) the control and collection of imposed substitute contributions. These are to be documented under special financing.

III. Classification (Assignment)

1. Conscription-bound individuals may, with their consent, be assigned to support the leadership staffs, the police, and additional organizations and services according to federal law provisions.

IV. Training and Summons

1. The canton may establish and operate the necessary training facilities. It may participate in training facilities or programs outside the canton.

2. The canton is responsible for education and training.

3. The personnel of the leadership bodies may be called upon to attend training courses.

4. The provisions of the Federal Act on Civil Protection and Civil Defense shall apply mutatis mutandis. The government council may issue implementing regulations.

IV. Training and Summons

1. The Office for Military and Civil Protection issues call-ups for disaster and emergency assistance as well as for repair works and missions in favor of the community. For operations in special and extraordinary situations, call-ups can occur on short notice upon request of the cantonal leadership staff or the municipal leadership staffs.

2. The Civil Protection Command issues call-ups for training and education as well as for refresher courses.

3. Out-of-canton operations must be approved by the Governing Council, and charitable operations must be approved by the Office for Military and Civil Protection.

4. Publicly posted call-up notices are equivalent to personal call-ups.

5. The Cantonal Police can call up specific elements of the civil protection formations. The Civil Protection Command must be informed immediately.

V. Structural Measures

1. Municipalities construct the necessary facilities and installations for their civil protection organizations, as well as public shelters for residents who do not have access to private shelters.

2. Municipalities primarily fulfill their building obligations in conjunction with the erection of public buildings. Public shelters may also be constructed in conjunction with private buildings.

V. Structural Measures

1. Municipalities may jointly establish and operate facilities.

V. Structural Measures

1. The ownership of existing civil protection facilities and buildings for operational command and formations, as well as public shelters, shall remain unchanged. The ownership of newly constructed buildings and facilities must be contractually regulated.

2. If facilities and installations are repurposed away from civil protection use, the cantonal contributions must be reimbursed if the federal government demands its contribution back. This provision applies correspondingly to cantonal and municipal contributions that were granted to private individuals and enterprises under previous law.

3. Permanent or temporary use of public or shared shelters and protective facilities for purposes other than civil protection requires authorization from the Office for Military and Civil Protection.

VI. Protection of Cultural Property (Measures)

**1. Protection of Cultural Property through Structural, Documentary, and Organizational Measures is the Responsibility of the Owner for their Own Property.**

2. The implementation of cultural property protection at the cantonal level is the responsibility of the Office for Military and Civil Protection. This office supervises the enforcement of federal law and recommends the necessary measures to the competent authorities. It collaborates with the State Archive and the cantonal department for monument preservation.

3. Within the framework of the civil protection organization, the Office for Military and Civil Protection is tasked with allocating and training the required personnel, as well as providing the necessary shelters for moveable cultural property owned by the canton.

VII. Further Measures

1. The canton may establish an armed police reinforcement to support the cantonal police in managing extraordinary situations and large-scale events.

2. The police reinforcement is composed of individuals subject to protection service duty. The cantonal police are responsible for the professional training and deployment.

3. The cantonal police may deploy members of the police reinforcement for

a) Access control and property protection;

b) Surveillance;

c) Barricades and detours;

d) Traffic regulation;

e) Search for missing persons;

f) Additional tasks under the supervision and guidance of members of the police corps.

4. The police command summons the members of the police reinforcement for deployment.

VII. Additional Measures

1. The canton may establish psychological first aid to support affected individuals and their surroundings, partner organizations, and civil defense. It covers the costs for training, organization, and operations and can enter into cooperation agreements.

2. The government council shall issue implementing provisions, particularly concerning the responsibility, organization, training, and the principles of recruitment and deployment of the team.

VII. Further Measures

1. The canton may establish an NBC (Nuclear, Biological, and Chemical) service to provide support during nuclear, biological, and chemical events or in cases of radiation exposure.

2. The NBC service is composed of individuals obligated to perform protective service. The canton is responsible for and bears the costs of their professional training and deployment.

3. The cantonal leadership staff mobilizes the members of the NBC service for deployment.

VIII. Financing

1. The canton and the municipalities each bear half of the civil protection costs. The allocation of costs to the municipalities is based on the population.

IX. Final Provisions

1. Whoever intentionally or negligently contravenes the provisions or orders of the authorities competent under this law or the implementing regulations shall be punished with a fine of up to CHF 40,000.

IX. Final Provisions

1. The Executive Council shall issue the necessary implementing provisions.

IX. Final Provisions

1. The Act of April 25, 1965, on the Implementation of Federal Provisions on Civil Protection and the Construction Measures in Civil Protection as well as the Ordinance of June 16, 1908, on Civil Protection and the Protection of Cultural Property are repealed.

2. The provisional Ordinance of December 16, 2003, under the Population and Civil Protection Act is repealed.

IX. Final Provisions

1. This law is subject to an optional referendum.

2. The government council determines the commencement of this law.

Need to analyze how this provision applies to your matter?

Cross-reference this statute against case law, commentaries, and related legislative provisions inside Legislator AI.

Open in Legislator →