Fire Protection Act (FSG) - Purpose (FSG)

1. The law specifies the measures for the prevention and control of fire incidents.

1. The law applies to the entire territory of the canton.

2. Subject to the special provisions of the federal decrees.

3. For preventive fire protection, the Swiss Fire Protection Regulations VKF, which were declared binding by the competent authority according to the Intercantonal Agreement on the Reduction of Technical Barriers to Trade (IVTH) dated October 23, 1998, apply.

4. The government council regulates the details in an ordinance.

1. Masculine and feminine forms of pronouns used in this law refer to both men and women.

1. The Execution of Fire Protection is Entrusted to

1. * the municipal councils; a divergent regulation in a legislative enactment by the municipality is reserved;

2. the building insurance;

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4. * the holders of permits according to § 70;

5. the cantonal fire inspector;

6. the fire instructors;

7. the municipal fire brigades;

8. the industrial fire brigades.

1. The building insurance oversees and implements all fire protection measures, unless other bodies are responsible according to this law. It issues the necessary instructions.

2. To prepare important decrees of general significance and for specific technical inspections, the building insurance must involve specialized organizations or inspectorates.

3. The building insurance periodically highlights common sources of danger through publications.

1. The following are entrusted with supervision

1. the Administrative Commission of the Building Insurance;

2. the Department of Justice and Security;

3. the Executive Council.

1. Everyone is obliged to prevent fires and explosions.

2. Anyone supervising others must ensure that they are aware of the dangers and exercise the necessary caution.

1. Municipalities review new and modified constructions with regard to fire protection.

2. Industrial and commercial buildings, high-rise buildings, warehouses, as well as buildings and spaces intended to accommodate a larger number of people, must be assessed by the building insurance authorities before the building permit is issued.

1. If combustion and exhaust systems are newly constructed or altered, the property owner or the builder must notify the municipality before execution.

2. Each newly constructed or altered combustion and exhaust system, upon completion of the shell construction, must be registered with the municipality for inspection before it is covered or plastered.

2. The approval and inspection of gas installations for lighting, cooking, or heating purposes are conducted by the gas company in conjunction with the local fire inspection authority.

1. The creation, operation, and inspection of electrical installations are subject to federal regulations. These also apply to the materials and electrical devices used for constructing building installations or for connection to them.

2. The Executive Council may issue supplementary fire safety regulations by ordinance.

1. Anyone who wishes to store, manufacture, process, transport, or sell flammable substances and goods in quantities requiring approval must first apply for a permit from the building insurance authority.

1. The construction of new buildings, as well as the conversion and fitting out of existing premises for industrial and commercial purposes, and furthermore, changes in the intended use and manner of utilization, if associated with a greater risk of fire or explosion, require prior approval from the building insurance institution.

1. For enterprises with increased fire and explosion hazards, the building insurance can mandate special security measures and protection zones.

1. On the premises of industrial facilities, commercial enterprises, storage buildings, and storage areas, the necessary hydrants must be arranged on efficient supply lines.

1. Storage areas and courtyards between buildings must not be constructed over or occupied in such a manner that would impede firefighting efforts.

2. For large open-air storage facilities, the building insurance may require appropriate subdivisions.

1. Prior to the construction and renovation of buildings or spaces intended to accommodate a large number of people, such as hotels, hospitals, homes, department stores, theaters, and cinemas, approval from the building insurance authority must be obtained.

1. Buildings and rooms intended to accommodate a larger number of people shall be periodically inspected by the building insurance authority for compliance with fire protection regulations.

2. The Government Council shall regulate the particulars in an ordinance.

1. Rooms intended for accommodating a larger number of people must be situated in such a way that quick evacuation is ensured through direct exits to open spaces with sufficient capacity and escape options.

1. Anyone who performs chimney sweeping work or has such work performed by their employees must obtain a permit from the competent authority. The competent authority maintains a public list of permit holders.

2. A permit is granted to individuals who have obtained the federal diploma as a master chimney sweep or who hold a foreign diploma recognized as equivalent, and who provide assurance of the flawless execution of fire inspection services (hereinafter: licensed master chimney sweeps).

3. The Government Council shall regulate the details by means of an ordinance.

1. The permit may be subject to terms and conditions.

2. It is non-transferable.

1. The authorization shall expire upon the declaration of relinquishment or the death of the authorization holder.

2. The competent authority may revoke the authorization after prior warning if

a. the conditions for the authorization are no longer met,

b. the authorization holder has repeatedly violated the obligations set forth in this law.

1. The certified chimney sweep master is required to obtain professional liability insurance.

2. The governing council determines the necessary coverage amount in a regulation.

1. Building owners are required to have their heating and exhaust systems inspected and, if necessary, cleaned at regular intervals according to the level of use, by a certified chimney sweep master.

2. Building owners must be able to provide evidence of the inspections and cleanings. The building insurance company may verify compliance with the cleaning obligation through spot checks.

3. The government council shall regulate the specifics in an ordinance.

1. The cleaning of heating and exhaust systems by burning out may only be carried out when necessary and exclusively by a certified chimney sweep master or their employees.

2. In the event of a fire hazard, the fire brigade command and the neighborhood must be notified.

1. The municipalities shall immediately review newly constructed or modified heating and exhaust systems in their shell condition for compliance with fire protection regulations.

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2. The inspection shall be carried out by a fire protection specialist with a federal professional certificate or by a person with comparable qualifications. The municipalities may assign the inspection to a licensed master chimney sweep or another sufficiently qualified person.

1. The licensed master chimney sweep is obligated to inspect the heating and exhaust systems, the installation rooms, and the storage of fuels for compliance with fire protection regulations during the cleaning process.

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3. Any non-compliant conditions must be immediately reported in writing to the building owner or the contractor by the certified chimney sweep master or the municipality. A reasonable period shall be set for the rectification of the defects.

4. After the expiry of the period, it must be checked whether the defects have been remedied.

5. Upon a justified request, the period may be extended, provided that the condition of the disputed installation permits.

6. In urgent cases, the necessary measures must be immediately ordered. In case of refusal, the building insurance must be informed without delay.

1. If the obligated property owner or builder refuses the required measures or does not implement them within the set deadline, the certified chimney sweep or the municipality shall refer the case to the building insurance.

1. The Directorate of Building Insurance reviews the cases referred to it by the licensed chimney sweeps or municipalities and issues the necessary orders.

2. The administration may also order the rectification of defects without the need to initiate or conclude the procedure according to § 80 beforehand.

1. The management of the building insurance may order the substitute performance according to the provisions of the Administrative Procedure Act if it has been threatened in an order.

2. For the costs of the substitute performance, there exists a statutory lien on the property of the fire-insured building, which takes precedence over other liens, without entry in the land register, for a period of two years from the due date of the cost order.

1. The costs of fire inspection work shall be borne by the building owners or the builders.

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1. Municipalities shall organize the fire department. They are responsible for equipping and training it. The same obligation applies to large industrial enterprises and establishments with special fire hazards.

2. The government council may designate local fire departments as regional support units for performing specific fire department tasks.

3. Several municipalities may form a joint fire department where it is practical. Approval from the building insurance authority is required for this purpose.

1. The municipality is responsible for the entire fire-fighting system. It appoints a fire department commission.

2. This commission consists of the fire chief as chairman and at least two to four members.

3. It acts as the advisory and evaluative body for the entire fire-fighting system of the municipality. It meets at least once a year.

4. The commission must submit a written activity report, accounting, and budget to the municipality annually.

5. The duties and powers of the commission are to be further specified in the municipality's fire department regulations.

1. The municipality elects from among the active firefighters the fire chief and their deputy. Their election requires aptitude and appropriate training.

2. The fire chief is the responsible leader of the entire fire department. Their duties are to be further defined in the municipality's fire department regulations.

3. The municipality relieves commanders of their command who do not fulfill their duties despite warnings.

1. The municipality appoints the additional fire brigades officers upon the proposal of the fire commission. Non-commissioned officers are appointed by the fire commission. Their appointment requires that they have successfully completed the necessary instruction and training courses.

1. The costs of the local fire department and firefighting services are borne by the municipality.

2. The expenses for industrial fire brigades and firefighting equipment shall be borne by the enterprise.

3. The cost shares of the municipalities for the fire stations are regulated by the government council through an ordinance. It determines the cost shares after consulting with the municipalities.

1. Whoever intentionally or with gross negligence causes the deployment of the fire department must pay the costs of the deployment.

2. Whoever utilizes the services of the fire department pursuant to § 100 paragraphs 2 and 3 of this law must compensate the municipality for the expenses.

3. The municipality orders the reimbursement of the costs of the deployment and the expenses of services for the fire departments deployed within its municipal area. If only a regional support fire department is deployed, the support municipality orders the reimbursement of the costs of the deployment and the expenses of services.

4. The ordering municipality settles accounts with the municipalities and operations of the participating fire departments. Disputes between the entities in charge of the fire departments are resolved in litigation according to the law on administrative legal procedures.

1. The municipality is responsible for ensuring that buildings are protected with efficient hydrant systems or other suitable water sources whenever possible.

1a. The municipality may fulfill this task itself or delegate it to a water supply entity. The delegation of tasks is subject to the provisions of § 40 of the Water Use and Supply Act accordingly.

2. Owners of particularly fire-prone businesses and larger buildings such as factories, hotels, or institutions can be obliged by the municipality or the building insurance to arrange, at their own expense, for the rescue and firefighting facilities necessary for the initial combat of a fire.

1. Municipalities with hydrant systems are responsible for

a. ensuring that the hydrants and their accessories are in good, efficient condition;

b. ensuring that the firefighting reserve of the reservoirs is available at all times.

1. Where the installation of hydrant systems is not practical, suitable alternative water sources should be established and maintained appropriately wherever possible.

2. Water sources for firefighting purposes, in addition to hydrant systems, particularly include fire ponds, firefighting water tanks, fixed dam installations on flowing waters, and structural measures on natural standing waters.

3. Owners of water sources are obligated to make these available free of charge during drills and in the event of a fire. In the event of a fire, water containers such as retention basins and swimming pools may also be used without compensation.

4. The fire department must be granted free access to drill and fire sites as well as to the water sources at all times.

1. Contributions towards the costs of the construction and expansion, as well as the operational maintenance of hydrant systems and other water supply locations, may be demanded from the owners of the buildings located within the protection area (radius of 400 m). The protection area may also extend across multiple municipalities.

2. The share of costs to be borne by the owners is allocated according to the individual building insurance values, considering only those buildings which can be suitably supplied with firefighting water from the respective water supply location.

3. The contribution of an individual owner amounts to a maximum of one percent of the building insurance value.

1. Against the imposition of contributions pursuant to § 98a of this law, the liable party may file an objection with the municipal council within 30 days from the date of notification.

2. Against the objection decision of the municipal council, an administrative court appeal to the cantonal court is permissible within 30 days from the date of the decision's notification. The cantonal court also holds the authority to exercise discretional control.

1. Firefighting equipment must be stored in special buildings or rooms. The premises must be easily accessible at all times, conveniently arranged, adequately lit and ventilated, and kept dry and clean.

1. The fire department serves as the general damage control unit, ensuring a rapid response and immediate assistance through an efficient alarm and duty system in the event of

a. Fires and explosions;

b. Natural disasters;

c. Events that harm or endanger the environment.

2. The fire departments serving as support points may be called upon to assist in road rescue services.

3. If it aligns with the fulfillment of the assistance obligation as stated in paragraph 1, the fire department may be employed for services such as

a. Traffic control, particularly during festivals or other public events;

b. Fire watches;

c. Technical operations.

4. The organization, equipment, and training of the fire departments are conducted according to the instructions of the cantonal fire inspection authority.

5. Industrial and corporate fire brigades organize themselves according to their specific circumstances.

6. The municipalities, as well as industrial and corporate management, are required to issue special fire regulations, which need the approval of the building insurance authority.

1. Men and women are obligated to perform firefighting duties in their municipality of residence.

2. The obligation to perform firefighting duties consists of rendering service in a municipal, auxiliary, or recognized industrial fire brigade or by paying a substitute fee. This obligation begins on January 1st following the individual's 20th birthday and ends on December 31st following their 50th birthday.

3. The government council may, through regulation, extend the firefighting service obligation until December 31st following the individual's 52nd birthday, in order to align with the provisions of the federal civil protection law.

1. The Fire Department Commission Determines

a. the number of firefighters necessary for the fire service;

b. who is obligated to serve, taking into account familial, occupational, and personal circumstances.

1. Persons with a significant physical, mental, or psychological disability are exempt from fire service duty.

2. The municipality may exempt individuals or groups of individuals from fire service duty if it is in the public interest or if they perform indispensable functions for the municipality. Further details are to be regulated in the ordinance on fire service.

3. The government council is authorized to exempt individuals or groups of individuals who perform indispensable functions for the canton from fire service duty.

1. An administrative appeal against the decision of the Fire Department Commission pursuant to § 101a can be submitted to the Municipal Council.

1. Individuals subject to fire service duty who do not perform fire service must pay an annual fire service substitute fee in their municipality of residence, which shall not exceed 500 Swiss francs but shall be no less than 50 Swiss francs, regardless of income.

2. Anyone who is exempted from fire service during the year is liable for the substitute fee starting from the following year.

3. If the conditions for exemption from the substitute fee arise during the year, the substitute fee is waived from the following year.

1. The substitute levy is assessed by the municipality. Within the minimum and maximum amounts as per § 104 paragraph 1, it amounts to between 1.5 and 6 per mille of the income taxable in the Canton of Lucerne. The levy for persons living in a joint marriage or in an unseparated registered partnership is levied once based on the joint income.

2. If a person living in a joint marriage or in an unseparated registered partnership performs fire service or is not obliged to serve in the fire brigade, the substitute levy amounts to one third of the ordinary rates.

3. The local municipality sets the rate according to paragraph 1.

4. Additionally, the provisions of the Tax Act concerning state taxes are to be applied mutatis mutandis.

5. The proceeds from the substitute levy are to be used for fire and firefighting services.

1. Withholding taxpayers who are individuals with fiscal domicile or residence in the Canton of Lucerne shall have a flat-rate substitute tax of 100 Swiss Francs per year deducted at source. Individuals who are subsequently assessed ordinarily shall pay the substitute tax pursuant to sections 104 and 105. The substitute tax collected at source will be credited.

2. If the person disagrees with the deduction of the substitute tax at source, they may request an ordinary assessment of the substitute tax from the municipality, subject to forfeiture, by the end of March of the following calendar year. If the municipality is aware of a lack of tax liability, it will refund the substitute tax collected at source ex officio in the following calendar year.

3. Otherwise, the provisions of the Tax Law shall apply mutatis mutandis.

1. Exemption from the substitute levy is granted to those who are considered unfit for service due to a significant physical, mental, or psychological disability and who earn an annual income of less than 60,000 francs taxable in the Canton of Lucerne during the substitute year. For individuals subject to withholding tax, the relevant taxable annual income is determined based on a subsequent ordinary assessment.

2. Municipalities may exempt firefighters who have left active service after at least fifteen years of service from the requirement to pay the substitute levy, either fully or partially, in their fire service regulations.

3. Exemption from the substitute levy is granted upon application. The application for exemption from the substitute levy must be submitted in writing and with justification to the assessment authority. Any supporting evidence must be attached to the application.

4. Persons eligible for exemption are required, upon request from the assessment authority, to authorize all entities and individuals, particularly the IV Office Lucerne and the entities based in the Canton of Lucerne responsible for mandatory accident insurance under the Federal Law on Accident Insurance dated March 20, 1981, to provide the necessary information in writing for determining the exemption from the substitute levy.

5. If the required evidence under paragraph 3 is not submitted or the necessary authorizations under paragraph 4 are not granted, the claim for exemption from the substitute levy is forfeited. The assessment authority must inform about the impending forfeiture of the claim.

1. Against the assessment of the substitute levy, the obligated party may file an objection with the municipal council within 30 days of the delivery of the assessment notice.

2. Against the objection decision of the municipal council, an administrative court appeal is permissible within 30 days of the delivery of the decision. The cantonal court also has the authority to exercise discretion.

1. The municipalities shall adequately remunerate all services and assistance provided by the firefighters.

1. The municipalities are obliged to adequately insure the firefighters against accidents and illness, as well as against claims by third parties.

2. Further details are regulated by an ordinance of the government council.

1. In each municipality, the necessary fire drills must be conducted annually.

1. For the uniform execution of fire service duties, the Building Insurance maintains a Fire Department Inspectorate.

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1. During the periodic inspection of fire departments by the cantonal fire department inspectorate, the entire fire and extinguishing system must be thoroughly reviewed.

1. For the training of fire departments, particularly of officers and specialists, the building insurance organizes instruction courses at its own expense.

2. The fire chief issues the necessary summons. Attendance at the courses is mandatory for those summoned.

1. Anyone who perceives a risk of damage or an outbreak of fire is obligated to notify the directly affected individuals and the fire department as much as possible and to provide immediate assistance if necessary.

1. If a damaging event threatens to assume greater proportions, the fire brigade command of the affected municipality is entitled to request assistance from neighboring fire brigades.

2. Neighboring fire brigades are obliged, upon request or where circumstances warrant, to provide assistance to the community affected by the damaging event free of charge.

3. Further agreements between neighboring fire brigades require the approval of the building insurance.

1. The direction of the operation is generally the responsibility of the fire chief of the municipality affected by the incident. In the event of the fire chief's inability to act, duties and powers are transferred to the deputy. In the absence of the deputy, the highest-ranking person assumes command.

2. The person in command issues the necessary orders. They are authorized to enlist civilians present at the scene of the incident to provide assistance.

3. In special events or in disasters, the person in command requests a disaster operations manager, who can assume the leadership of the operation.

4. Disaster operations managers are made available to municipalities for the leadership and support of their management bodies.

1. The Commander is responsible for ensuring the transportation of personnel and equipment. In case of necessity, he is authorized to requisition the required vehicles. The municipality is obliged to provide reasonable compensation for usage and to cover any damage that arises for the vehicle owner without their fault.

1. Any alteration of the damage site, particularly the demolition or dismantling of building components, is prohibited without the explicit permission of the investigative authorities or the building insurance. Exceptions are made for the necessary work to limit damage. Clearing is the responsibility of the property owner.

1. After the fire, if necessary, the fire site shall be guarded by a designated unit of the fire department.

1. The fire chief is responsible for ensuring that operational readiness is immediately restored following each deployment.

1. The fire department commander informs the fire inspectorate about the services and assistance in accordance with its instructions. In special cases, a detailed incident report must be submitted within ten days.

1. Orders issued in the application of this law may be contested in accordance with the provisions of the Administrative Procedures Act.

1. Intentional or grossly negligent violations of §§ 6, 22, 26, 33, 43, 56-59, 76, 77, 79a, 95 paragraph 2, 98, 101, 115, and 119 of this Act, and the ordinances of the governing council based thereon, shall be punishable by a fine imposed by the penal authority.

1. The Fire Department Commission may discipline firefighters who commit disciplinary offenses with a reprimand or a fine of up to CHF 50.00.

1. Orders and decisions made based on this law regarding fines, costs, fees, and other monetary payments, which have become legally binding, are equivalent to enforceable judicial judgments within the meaning of Article 80 of the Federal Act on Debt Collection and Bankruptcy.

1. The Act shall enter into force on January 1, 1958.

1. Upon the enactment of this law, the Law Concerning the Fire Police dated December 4, 1903, as well as §§ 8, 13, and 18-41 of the Building Law of the Canton of Lucerne dated May 25, 1931, shall be repealed.

1. The law is to be published and executed by the government council.

2. As long as new regulations for this law have not yet been enacted, the existing provisions shall apply, provided they do not contradict this law.