Civil Protection Act of the Canton of Graubünden (Civil Protection Act, BSG) (Bevölkerungsschutzgesetz, BSG) - Purpose of Civil Protection (BSG)

1. Civil Protection aims to protect the population and their livelihood in special and extraordinary situations by

a) Planning, preparation, and implementation of protective measures and assistance;

b) Ensuring civilian leadership capabilities;

c) Protection, rescue, and care in the event of an incident.

2. It contributes to limiting damages during an event and to managing damages after an incident.

1. The law regulates

a) the responsibilities and duties of the municipalities, the canton, as well as individual partners in civil protection in preparing for special and extraordinary situations and managing them;

b) the financing of the corresponding expenses.

2. Insofar as the law contains no provisions, the responsibilities and duties are governed by the legislation applicable to normal situations.

1. Civil Protection is ensured through a network system by various partners.

2. Partners in Civil Protection include in particular

a) the police;

b) municipal, support point, and company fire services;

c) hospitals and clinics, retirement and nursing homes, rescue organizations, home care and support services, and health care professionals;

d) technical operations such as utility and forestry operations, operators of energy and water supply facilities, operators of waste and wastewater disposal facilities, operators of telematic systems, public and concessionary transport enterprises, road maintenance services;

e) the cantonal civil defense;

f) cantonal offices and independent public law institutions entrusted with tasks related to civil protection.

1. Normal Situation: In a normal situation, the regular processes and resources are sufficient to handle the responsibilities assigned to the municipalities.

2. Special Situation: In a special situation, certain responsibilities assigned to the municipalities or the canton can no longer be managed using the resources of a normal situation.

3. Extraordinary Situation: A situation is deemed extraordinary when the resources for a normal or special situation are insufficient in numerous areas to handle the responsibilities assigned to the municipalities and the canton, or when a significant number of people are affected by a damaging event.

1. The municipalities establish a municipal or inter-municipal command staff to manage special and extraordinary situations.

2. They delineate its tasks and competencies in a duty roster and ensure the training of the members of the municipal command staff.

3. The members of the municipal command staffs are obliged to participate in the training and further education for command staffs offered by the canton.

4. The canton may determine the professional composition of the municipal command staff.

1. The government appoints a leadership staff to manage extraordinary situations.

2. The cantonal leadership staff is responsible for the overall operational command during the acute and recovery phases of extraordinary situations.

3. The government may

a) assign the overall operational command to the cantonal leadership staff during the acute phase in situations of particular concern;

b) delegate the management of inter-cantonal events to another canton with its consent.

4. The leadership of the cantonal leadership staff is the responsibility of the head of the office responsible for civil protection.

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b) * ...

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5. If an event requires the deployment of the cantonal police, this entity is responsible for leading the cantonal leadership staff during the acute phase until it is transferred to the office responsible for civil protection.

1. Municipalities are responsible for preparing for special and extraordinary situations within their municipal territory.

2. They are particularly responsible for the following tasks and responsibilities

a) Analysis of dangers that may occur within the municipal territory or affect it;

b) Implementation or initiation of actions determined by the hazard analysis, in collaboration with neighboring municipalities and operators of the sources of danger;

c) Ensuring the functional capability of the number of communication devices prescribed by the canton and the competence of operation by municipal officials;

d) Alarm the population and issue behavioral instructions.

3. The hazard analysis must be submitted to the canton for acknowledgment. It must be periodically adjusted to reflect current conditions.

4. The canton may require municipalities to jointly fulfill tasks in civil protection if effective task fulfillment and efficient use of resources demand it.

1. The canton is responsible for the following tasks and competencies

a) Analysis of significant hazards affecting the canton;

b) Implementation of the cantonal needs for action identified based on the hazard analysis;

c) Construction, operation, and maintenance of facilities for the cantonal leadership bodies;

d) Warning municipalities of impending dangers, which, according to the assessment of the competent specialist office, could have significant effects on the entire canton or parts thereof;

e) Alerting the population to acute dangers, where significant effects on the entire canton or parts thereof are expected according to the assessment of the competent specialist office, and issuing recommendations on behavior in the event the incident occurs;

f) Provision of the technical infrastructure needed by the canton to warn the municipalities;

g) Determination of the locations for the devices to be installed by the municipalities for alerting the population;

h) Procurement and maintenance of the resources necessary for communication with the civil protection partners;

i) Determining the number of communication devices to be procured by the municipalities;

k) Procurement and maintenance of materials to support the civil protection partners;

l) Advising municipalities on questions of preparedness for special and extraordinary situations;

m) Developing foundations to ensure administrative activities as well as safety and order in extraordinary situations;

n) Developing foundations to ensure essential areas for the supply of the population, such as staple foods, water, energy, money, public transportation, and telematics in extraordinary situations;

o) Training and further education of members of the leadership units of the municipalities and the canton;

p) Conducting periodic exercises to train the cooperation of the partners in civil protection;

q) Agreements with neighboring cantons and neighboring foreign countries.

2. The hazard analysis must be periodically adapted to current conditions.

1. The partners in civil protection are required to make preparations within their areas of responsibility for dealing with special and extraordinary situations.

2. They must coordinate the procurement of resources for civil protection among themselves and proceed with joint procurements as far as possible.

1. Public hospitals are required to prepare and maintain emergency organizations to manage special and extraordinary situations.

2. The canton is authorized to review the emergency organization of public hospitals. If the emergency organization is found to be inadequate, it can mandate appropriate enhancements.

3. Hospitals that have a medical protection facility must ensure its operational readiness according to the cantonal requirements.

4. Hospitals, clinics, pharmacists, and both human and veterinary medical professionals can

a) be required to store and manage medications and medical products allocated or procured by the federal government and the canton;

b) be required to procure and manage sufficient supplies of medications and medical products designated by the federal government and the canton in anticipation of emerging extraordinary situations.

1. Municipalities are responsible for managing events of special circumstances within their municipal area.

2. In particular, they are charged with the following tasks and responsibilities during special circumstances

a) Immediate convening of the municipal leadership team;

b) Situation assessment;

c) Ordering and enforcing measures tailored to the event for the protection, rescue, and care of the population;

d) Establishing and ensuring communication links with civil protection partners and the cantonal leadership team;

e) Organizing the supply of basic foodstuffs, water, and energy to the population;

f) Organizing measures to restore normal conditions.

3. They assist and support each other during special circumstances.

4. If their own resources and those of neighboring municipalities are insufficient, they may request further resources from the canton.

5. They provide the canton with the necessary spaces, buildings, or land for the deployment of the requested resources free of charge.

1. The canton has the following duties and responsibilities in a special situation

a) Establishing and ensuring communication links with civil protection partners and municipal leadership teams;

b) Conducting an inter-municipal situation assessment;

c) Informing the municipalities and the public;

d) Advising municipal boards and municipal leadership teams;

e) Supporting municipalities upon their request with leadership and operational personnel;

f) Allocating and managing its own resources and those offered to the canton by civil protection partners and third parties, considering the severity of damage and the capabilities of the affected municipalities;

g) Steering and coordinating the resources offered directly to the municipalities by civil protection partners and third parties;

h) Requesting assistance from other cantons, the federal government, or cross-border regions.

2. The government is responsible for designating a situation as special according to this provision and declaring it concluded.

3. It may provide cantonal resources to municipalities, other cantons, the federal government, or neighboring countries to handle events in special situations.

1. The cantonal police shall take or initiate immediate protection and rescue measures and lead the operation until the municipal command staff has commenced its activities.

2. It may permit municipalities with a sufficiently developed police organization to allow their police to lead the operations pursuant to paragraph 1.

1. The operators of energy and water supply facilities may be required by the government, upon request of the municipalities, to

a) promptly repair the facilities and installations needed for the supply to the population;

b) supply electricity, gas, heat, and water at a reasonable price to locations designated by the municipalities.

2. To mitigate damage, the operators of water supply facilities may be required by the government, upon request of the municipalities, to reduce or interrupt the water flow.

3. The operators of waste and wastewater disposal facilities may be required by the government, upon request of the municipalities, to

a) dispose of waste and wastewater at a reasonable price;

b) promptly repair the installations necessary for the disposal of waste and wastewater for the population.

4. The operators of transport and telematics facilities may be required by the government, upon request of the municipalities, to promptly repair the facilities and installations needed for the supply to the population.

5. Conditions for the obligation pursuant to paragraphs 1 to 4 are

a) that no other means for damage rectification or mitigation are available;

b) that the implementation of the obligation is technically feasible and economically justifiable.

1. Municipalities have the same duties and responsibilities in extraordinary circumstances as they do in special circumstances.

2. They provide the canton with the necessary spaces, buildings, and land free of charge for the resources and aid forces deployed in extraordinary situations.

1. In addition to the duties and responsibilities of the special situation, the canton is responsible in the extraordinary situation for

a) Ensuring communication links with other cantons and the relevant federal authorities;

b) Organizing the supply of essential sectors for the population, such as basic foodstuffs, water, energy, money, public transport, and telematics;

c) Deciding on the allocation of limited resources and goods in accordance with letter b;

d) Requiring hospitals to establish the operational readiness of their protected hospitals;

e) Enacting emergency legislation for a limited period in the event of impending or actual severe disruptions to public order or internal security.

2. The government is responsible for designating a situation as extraordinary and declaring it over.

1. The Cantonal Police takes or initiates immediate protection and rescue measures and assumes the leadership of the cantonal emergency staff during the acute phase, until this responsibility is taken over by the office responsible for civil protection.

1. Hospitals and clinics are obligated to admit, treat, and care for patients assigned to them by the canton within the limits of their available capacity.

2. The canton may require healthcare professionals to serve in hospitals, emergency services, or other care and support assignments.

3. Individuals in all veterinary professions may be mandated by the canton to participate in the control of animal diseases or other veterinary medical deployments.

1. The government may oblige the operators of energy and water supply facilities, waste and wastewater disposal facilities, as well as traffic and telematics facilities to provide the services listed in Article 14, paragraphs 1 to 4. The conditions for the obligation are determined according to Article 14, paragraph 5.

1. Individuals whose professional skills can contribute to managing an extraordinary situation may be required by the canton to be deployed in the extraordinary situation.

2. Enterprises and organizations can be required during extraordinary situations to provide the canton with employees possessing the knowledge specified in paragraph 1.

1. If public resources are no longer sufficient and private resources cannot be obtained by mutual agreement on acceptable terms, municipalities and the canton may requisition from natural and legal persons under private law, as well as from public law corporations and institutions, all resources required to manage the extraordinary situation.

1. Persons seeking protection are to be accommodated and cared for by the municipality in which they reside.

2. If the facilities in a municipality are insufficient, the canton assigns persons seeking protection to other municipalities for accommodation and care, taking into account the available spatial resources.

1. The canton may obligate the population to provide assistance to authorities and affected private individuals in extraordinary situations, insofar as this does not conflict with military or civil protection duties or other services for the benefit of the community.

2. The canton shall secondarily conclude liability and accident insurance for persons who are obligated to provide assistance.

1. The municipalities bear the costs

a) incurred by them in the preparation for and management of special or extraordinary situations, insofar as these cannot be imposed on the responsible parties;

b) for the operation and maintenance of the equipment needed for communication with the canton and other civil protection partners;

c) for the assistance they request from neighboring municipalities, the canton, or third parties;

d) incurred by them due to directives from the federal government within their jurisdiction.

1. The Canton bears the costs

a) incurred by it in the performance of its duties in preparing for and managing special or extraordinary situations;

b) for the construction, operation, and maintenance of facilities for the cantonal leadership bodies;

c) for orders or instructions it issues to third parties in the context of preparing for and managing special or extraordinary situations;

d) for the training it offers to members of leadership staffs of the municipalities and the Canton;

e) for the supplementary insurance of voluntary helpers against the financial consequences of accidents related to assistance in special and extraordinary situations according to Article 12 paragraph 2 and Article 16 paragraph 2, respectively;

f) incurred in hospitals, clinics, or by persons practicing a health profession as a result of its orders for preparing for and managing special and extraordinary situations;

g) incurred by it due to orders from the Confederation in its domain.

2. It may charge the costs of the orders and instructions issued under paragraph 1 letters c and f to the municipalities in proportion to the benefit they derive from them.

1. If municipalities and the canton, in handling a special or extraordinary situation, have claimed services, property, or other rights from natural and legal persons under private law, the claiming authority shall reimburse them for the costs incurred.

2. Owners shall be compensated for the use, depreciation, or loss of requisitioned resources.

1. Punishable by a fine of up to 50,000 Swiss francs are

a) Civil protection partners who fail to fulfill obligations imposed on them by the canton pursuant to Articles 9, 10, 14, 18, and 19;

b) Persons who fail to comply with a cantonal summons to support authorities and affected private individuals in accordance with Article 23, paragraph 1;

c) Persons who do not make their professional capabilities available for dealing with extraordinary situations pursuant to the instruction from the competent authority as per Article 20, paragraph 1;

d) Enterprises and organizations that do not make employees with professional capabilities available for dealing with extraordinary situations pursuant to the instruction from the competent authority as per Article 20, paragraph 2;

e) Natural and legal persons who refuse the requisition of their resources for dealing with extraordinary situations contrary to the instruction from the competent authority in accordance with Article 21;

f) Civil protection partners as well as natural and legal persons who contravene the instructions and directives of the canton in accordance with Article 16, letters d to g.

2. Anyone who commits the act through negligence is punishable by a fine of up to 20,000 Swiss francs.

3. In minor cases, a warning may be issued.

1. Orders issued by the competent cantonal and municipal authorities in special and extraordinary circumstances are immediately enforceable.

2. Appeals against orders from the competent cantonal and municipal authorities in special and extraordinary circumstances do not have a suspensive effect. Such effect cannot be granted.