Act on Building Insurance, Fire Prevention and Natural Hazard Prevention, the Fire Brigade and the Natural Hazard Fund (Gebäudeversicherungsgesetz, GVG) - Legal Form and Head Office (GVG)

1. The Solothurn Building Insurance (SGV) is an independent public law institution with its own legal personality and is based in Solothurn.

1. The SGV insures buildings in the area of the Canton of Solothurn against fire and elemental damage at the most favorable premiums possible.

2. It promotes the prevention and defense against fire and elemental damage (intervention).

3. It fulfills the tasks assigned to it by law as the cantonal fire protection and fire service authority.

4. It issues the orders necessary for the fulfillment of these tasks.

1. The SGV obtains the necessary resources to fulfill its tasks through

a) Insurance premiums;

b) Prevention and intervention contributions;

c) Capital earnings;

d) Service compensations;

e) Donations;

f) Fees;

g) if necessary, from the coverage reserve.

2. Only the assets of the SGV are liable for its liabilities.

1. The SGV shall have sufficient reserves in accordance with its obligations.

2. The amount of reserves shall be determined using actuarially recognized methods and periodically reviewed by an external expert.

3. The risk measure is two times a 200-year event (Expected Shortfall) at a security level of 99.5%.

1. The SGV may

a) conclude reinsurance contracts and participate in insurance associations, pools, or reinsurance institutions;

b) enter into co-insurance or similar contracts to cover major risks;

c) join interest groups;

d) participate in companies within the scope of its tasks, provided that the company is primarily supported by public-law corporations, institutions, or foundations, and the company's purpose is limited to supporting the fulfillment of statutory tasks. The remuneration for representations held by the SGV must be limited to the SGV's regulatory rates.

1. The Governing Bodies of the SGV are

a) the Board of Directors;

b) the Executive Management;

c) the Auditing Body.

2. Insofar as the powers and responsibilities of the governing bodies are not determined by law or regulation, they are regulated by the SGV in a set of bylaws.

1. The Board of Directors consists of nine members, who are elected by the Government Council based on professional criteria and with appropriate consideration of the directly affected associations. The Government Council regulates the composition in the ordinance.

2. The Government Council elects the Chairperson. In all other respects, the Board of Directors constitutes itself.

3. To validly deliberate, at least five members must be present.

4. The Board of Directors is responsible for the supreme management of the company. It has the following non-transferable duties

a) Supervision of the management's executive activities and issuance of necessary directives;

b) Appointment of the members of the management team;

c) Preparation of the budget and approval of the annual accounts;

d) Preparation of the annual business report for submission to the Government and Cantonal Council;

e) Determination of risk and reserve policy;

f) Conclusion of agreements and decision-making on accessions and participations as referred to in § 5;

g) Issuance of the regulations provided by law, including the premium tariff.

1. The management conducts the ongoing business in accordance with the rules of procedure and represents the SGV externally.

2. Decisions are made by the chairperson of the management, unless otherwise provided in the rules of procedure.

1. The Executive Council shall appoint an audit firm upon the request of the Board of Directors. Reappointment is permissible.

2. Duties and responsibilities are governed, mutatis mutandis, by the provisions of the Swiss Code of Obligations for audit firms of corporations.

3. Reporting shall be made to the Board of Directors, the Executive Council, and the parliamentary oversight committees.

1. The legal relationship between the SGV and its employees is governed by the legislation on state personnel.

1. The SGV establishes assessment regions and appoints full-time assessors for these regions. Reciprocal substitution is permissible.

2. The assessor shall involve part-time experts from the assessment region

a) as needed for complex assessments or for the compilation of building data for the cadastral assessment on behalf of the cantonal tax office;

b) upon request of the property owners.

3. In simple cases

a) the insurance value assessment can be delegated to a part-time expert from the assessment region;

b) the damage assessment is carried out by the SGV damage service.

4. The SGV may join an inter-cantonal damage organization to manage large-scale damage events and conclude performance agreements with it.

5. It regulates the details of the assessment of insurance values and damages in a regulation.

1. The SGV is subject to the supervision of the Government Council.

2. The annual report, along with the Government Council's proposal, is to be submitted to the Cantonal Council for approval each year.

1. Buildings located in the Canton of Solothurn must be insured by the ownership with the SGV for risks covered under this law. Insurance contracts that contravene this provision are void.

2. Exempt from the insurance obligation are buildings that do not reach an insurance value set by the SGV in a regulation.

1. For the purposes of this law, buildings are considered to be permanently constructed, roofed structures that are firmly connected to the ground and suitable for accommodating people, animals, or objects.

2. The Government Council specifies in the ordinance

a) the building-like structures that must also be insured with the SGV;

b) the building components and facilities that are co-insured with the building. It may authorize the SGV to issue a delineation directive.

1. New Buildings and Value-Enhancing Alterations to Existing Structures are to be Insured for the Cost Estimate Sum from the Start of Construction Work.

1. The insurance coverage begins

a) with the start of construction upon obtaining a building permit;

b) for constructions or modifications not requiring a permit, with the notification;

c) with the submission of a request for an appraisal;

d) in all other cases, upon completion of the appraisal.

2. The building authority must promptly inform the SGV in writing or electronically of each building permit granted.

**1. Insured buildings may be excluded from insurance coverage if defects that significantly increase the risk of damage are not rectified within the prescribed period following a written request.**

2. The exclusion may apply to the insurance of all or specific insured risks, all or parts of the building, or the replacement value insurance.

3. The exclusion order must be preceded by a warning to the ownership. Mortgagees and usufructuaries, as well as persons with rights of habitation, must be notified of the exclusion warning for the purpose of protecting their interests, insofar as these are apparent from the land register.

1. Fire Damage Insurance provides compensation for damages to insured buildings caused by

a) fire, smoke, or heat;

b) explosions;

c) overvoltage;

d) lightning strike;

e) aircraft and other flying objects, insofar as a statutory or contractual liability cannot be claimed.

2. Excluded from insurance coverage are

a) damages arising from the proper use of the insured item for its intended purpose or due to wear and tear;

b) scorching damage;

c) centrifugal breaks and other mechanical impacts of force operation;

d) damages resulting from commercial explosions;

e) damages resulting from sonic booms.

1. The elemental damage insurance provides compensation for damages caused by

a) Storm;

b) Hail;

c) High water and floods;

d) Avalanches, snow slides, and snow pressure;

e) Rockfall and rockslide;

f) Landslide and subsidence.

2. Excluded from coverage are damages caused directly or indirectly by

a) Water from reservoirs or other artificial water installations;

b) Backflow from sewers;

c) Groundwater.

3. Also excluded from coverage are damages primarily caused by

a) Natural events without extraordinary intensity and continuous natural influences such as humidity, dryness, earth pressure, soil settlement and uplift, as well as frost;

b) Noticeably poor building ground, insufficient foundations, faulty construction, inadequate maintenance of buildings, or artificially induced earth movements.

4. The government council may define the insured perils and exclusions from coverage in more detail through regulation.

1. The SGV does not cover damages that arise directly or indirectly due to war, violations of neutrality, civil unrest, actions or exercises by the military, police, or civil protection, earthquakes, meteorites, or changes in atomic nucleus structure.

2. The SGV may join an insurance association or a pool, or take other appropriate measures that enable it to include damages under paragraph 1 wholly or partially in the insurance.

1. Buildings are generally insured at their replacement value.

2. Replacement value is considered to be the customary local costs required for the new construction of the building at the time of appraisal.

1. Insurance is based on the fair market value if, upon assessment, it is less than 50% of the replacement value. The government council may establish additional significant reasons by regulation for which a building may be subject to fair market value insurance.

2. The fair market value is considered as the replacement value minus the depreciation in value caused by age, wear and tear, inadequate maintenance, or other reasons since construction.

3. For objects with valuable architectural substance of ideal worth, such as art and antiques, the SGV may insure a building or parts of a building for an agreed sum.

1. If a building is under construction or value-enhancing modifications are being made to an existing building, the value corresponding to the progress of construction shall be considered the insured value.

1. If the construction costs change significantly, the SGV will uniformly adjust the new value and the current value for all buildings to reflect the new state of construction costs at the beginning of the year.

1. The SGV conducts building assessments

a) upon registration of a completed building for definitive insurance;

b) at the request of the property owner;

c) ex officio.

2. As part of the building assessment, the SGV also collects building data for cadastral assessment. For this purpose, it enters into a service agreement with the cantonal tax office, which must be approved by the cantonal council.

1. The SVB reports the insurance value to the land registry office.

2. It communicates the estimated building insurance sums or their increase due to value-enhancing changes to the municipal authorities, which levy fees based on this information.

1. Insured parties are required to pay premiums to the SGV for each calendar year based on the insured value of their buildings.

2. If the insurance is only in effect for part of the year, premiums are due only for that period. Exclusion of individual risks does not entitle a reduction in premiums.

3. The obligation to pay falls on the person who owns the building at the time the premium is due. If ownership changes before payment, the outstanding premiums may also be claimed from the new owner.

4. If the building is owned by multiple persons, they are jointly and severally liable. In the case of condominium ownership, the condominium association is responsible for the premiums.

1. Premiums shall be set so that the income is sufficient to compensate for all damages, pay for reinsurance costs, establish the necessary reserves, and cover administrative expenses.

2. The SGV shall issue a premium tariff according to recognized actuarial principles, taking into account the solidarity among the insured.

3. It may establish a minimum premium.

1. If there is an annual surplus, the SGV must pay 10% of this amount, but no more than 1.5 million Swiss francs, to the canton.

2. If there are significant surpluses for several years following the formation of reserves in accordance with § 4, the premiums or benefits are to be adjusted.

**1. Premiums are due upon invoice issuance and must be paid within 30 days.**

**2. The legally binding premium invoice serves as an enforceable order within the meaning of Article 80 of the Federal Act on Debt Collection and Bankruptcy of April 11, 1889.**

**3. For the premiums, there exists a statutory lien on the property in favor of the SGV, without the need for entry in the land register, pursuant to § 283 of the Act on the Introduction of the Swiss Civil Code of April 4, 1954.**

1. Insured persons are required to pay dedicated contributions for prevention and intervention to the SGV in addition to their premiums. These contributions are collected with the premium invoice.

2. The contributions are determined as an add-on in the premium tariff.

3. They are to be calculated in such a manner that the revenue is sufficient to finance the following

a) the statutory duties of the SGV regarding fire protection, prevention of elemental damage, and firefighting;

b) the administrative costs of the SGV for these areas of activity.

4. The regulations concerning premiums are applicable to the prevention and intervention contributions mutatis mutandis.

1. Private insurers are required to pay prevention and intervention contributions to the SGV for any fire and natural disaster insurance within the territory of the Canton of Solothurn.

2. The government council establishes the contributions in the ordinance.

1. The insured are required to notify the SGV of any increase in risk and other facts that are significant to the insurance relationship within 30 days.

2. If the duty of disclosure is violated, the SGV will claim the premiums owed, up to a maximum of 5 annual premiums. Additionally, it may reduce its benefits in the event of a claim to the extent that the increased risk has exacerbated the damage.

3. In the case of a reduction in risk, the previous premium must be paid up to the point when the change is reported to the SGV.

1. The insured parties must take all reasonable measures to prevent damages.

2. In particular, they must maintain the building properly and comply with the regulations on fire protection and prevention of elemental damage.

3. If the required damage prevention measures are not taken within a reasonable period, the SGV will impose the legal sanctions. In the event of damage, it may, in particular, reduce the insurance benefits.

1. Insured parties are obliged to report any damage to the SGV immediately upon its discovery.

2. The SGV may reject or reduce compensation if, due to culpably delayed reporting, the cause or extent of the damage can no longer be determined with certainty.

3. If the report is not made within one year of the event, the right to compensation expires.

4. For damages that were not noticed during the assessment, a reassessment can be requested no later than one year after the damage event.

1. Before the damage is assessed, no changes may be made to the damaged objects that could hinder the determination of the damage or its cause. Exceptions are made for changes to prevent imminent damage and orders from the competent authorities.

2. Compensation may be refused or reduced to the extent that unauthorized changes to the object of damage have impeded the determination of the damage or increased the damage.

1. Insured persons are required to take all reasonable measures to minimize the damage in the event of a loss.

2. In the event of omission, SGV is entitled to reduce the compensation by the amount by which it would have been less if this duty had been fulfilled.

1. The building damage is primarily assessed based on the insurance value.

2. If the condition value of the building or individual building components at the time of the incident is less than 50% of the new value or less than the estimated market value due to neglect, environmental aging and deterioration of the material, or the use of unsuitable materials, the actual condition value will be compensated.

3. Buildings designated for demolition or deemed ready for demolition due to their condition are compensated at the demolition value. This is considered the sales value of reusable building components minus the demolition costs.

1. In the event of complete destruction of a building, the amount of damage shall not exceed the replacement value.

1. In the case of partial damage, the damage must be assessed in relation to the damaged part and the replacement value of the entire building.

2. If the damage amount is less than 1/5 of the replacement value, it is to be calculated based on the actual restoration costs. In a current value insurance policy, the compensation will be reduced by the increase in value resulting from the restoration.

3. If the restoration costs are disproportionately high in comparison to the damage incurred, an appropriate depreciation compensation may be granted.

1. If a completely destroyed building is not rebuilt by the ownership or their legal successors at the same location and for the same purpose within three years, the payment will be made in the amount of the current value.

2. In the case of partial damages, the insurance compensation corresponds to the current value attributable to the part not restored within the deadline.

3. For important reasons, the deadline for restoration can be reasonably extended, but not exceeding ten years after the damage occurred.

4. If special circumstances justify it, reconstruction at another location or for a different purpose may be approved.

1. In addition to the compensation for damage to the building, the SGV shall cover

a) the necessary demolition, clearance, and disposal costs as far as they concern the building or the immediate surroundings of the building, but not exceeding 8% of the damage sum in the case of fire damage and 4% of the insured value in the case of elemental damage. In special cases, the SGV may reimburse higher costs;

b) the costs for appropriate measures to prevent further damage, such as the erection of emergency roofs and supports. If such measures also serve other purposes, the SGV reimburses the cost portion corresponding to its interest;

c) damage to the building as well as to other property components such as trees, crops, and enclosures caused by firefighting, rescue, or security measures taken by the competent authorities.

2. If the compensation for the building damage is based on the demolition value, no demolition, clearance, and disposal costs will be reimbursed.

1. No compensation will be granted if the ownership has intentionally caused or contributed to the damage.

2. The ownership shall be liable to the SGV for all expenses incurred due to its conduct.

1. The SGV is entitled to reduce the compensation proportionally to the degree of fault of the ownership, but by no more than 2/3, if

a) the ownership has caused the damage through gross negligence, or the damage is attributable to an obvious disregard of the duty to prevent damage;

b) a person who lives in domestic community with the ownership or for whose actions it is liable, has caused the damage intentionally or negligently, provided that the ownership is guilty of gross negligence in supervising this person;

c) the damage was caused by unrectified defects or failure to take protective measures within a period set by the SGV or another responsible authority, or by unauthorized interference with an electrical installation.

**1. The Partial or Complete Loss of the Right to Compensation Does Not Apply to Mortgage Creditors**

The partial or complete loss of the right to compensation does not apply to mortgage creditors, insofar as they can demonstrate that their claims are not covered by the assets of the ownership.

**2. Transfer of Rights to the SGV in Case of Payment**

In the event of payment, the rights of the mortgage creditors are transferred to the SGV.

1. The Government Council regulates the details of the payment in the ordinance.

2. The rights of the mortgage creditors under Article 822 of the Swiss Civil Code (ZGB) are preserved.

1. The SGV may take recourse against those responsible for the damage for the compensation paid. It subrogates to the rights of the insured person to the extent and at the time of its performance.

2. There is no right of recourse against liable parties who live in a household community with the insured person or for whose actions the insured person must answer, if they have caused the damage only through slight negligence.

3. If facts become known later that would have justified the refusal or reduction of the insurance benefit, the SGV may order a corresponding reimbursement up to 10 years after the event causing the damage. A longer criminal statute of limitations remains reserved.

1. Provisions on Fire Protection and Natural Hazard Prevention

a) aim to provide preventive protection for persons, animals, and property against fires and explosions;

b) aim to protect buildings against insured natural events.

1. The ownership or user group is obligated to grant access to the SGV to properties, buildings, and premises for the fulfillment of its duties and to provide information upon request. Other persons familiar with the buildings or installations are also obliged to provide information.

1. In order to promote prevention measures for insured parties aimed at reducing the risk of fire and natural elemental damage to the building, the SGV may provide contributions.

2. Instead of contributions for necessary prevention measures for individual objects, the SGV may also provide contributions towards the costs of coordinated object protection measures, notably area protection. Such measures must ensure an equivalent level of protection as the individual measures being replaced.

3. The SGV may participate both technically and financially in the development of spatial planning foundations, land-use planning, and hazard maps, insofar as they serve to reduce the elemental risk for buildings.

4. The government council regulates the conditions and the amount of contributions in the ordinance. It may authorize the SGV to issue implementing provisions in a regulation.

1. The SGV advises authorities and private individuals and may take further measures to promote fire protection and natural hazard prevention.

1. The implementation of fire protection is the responsibility of the SGV.

2. The government council exercises supervision over fire protection matters.

1. When handling fire and open flames, heat, electricity, and other forms of energy, as well as flammable or explosive substances, and with machines and apparatuses, care must be taken to ensure that no fires or explosions can be caused or occur.

2. Anyone who employs auxiliary personnel or is responsible for supervising others must ensure that the necessary precautionary measures are taken.

**1. Buildings and Structures are to be constructed, operated, and maintained in such a way that:**

a) the safety of persons is ensured, and animals and property are adequately protected;

b) the occurrence of fires and explosions as well as the spread of flames, heat, and smoke is prevented;

c) the spread of fire to adjacent buildings and structures is limited;

d) structural integrity is maintained for a specified period of time;

e) effective firefighting is enabled and the safety of rescue forces is ensured.

**2. Fire protection encompasses structural, technical, operational, and organizational measures.**

1. The fire protection regulations declared binding by the competent authority according to the Intercantonal Agreement on the Removal of Technical Barriers to Trade (IVTH) apply.

2. The Government Council may declare further guidelines from specialized organizations binding in the ordinance and, if necessary, issue additional regulations or transfer this authority to the SGV for regulation in a directive.

1. Existing Buildings and Facilities Must be Adapted Proportionately to Current Fire Safety Regulations When

a) significant structural or operational changes, extensions, or changes in use are undertaken; or

b) the risk to individuals is particularly high.

1. The construction of buildings and installations as well as structural or usage-related modifications to buildings or installations require a fire protection permit from the SGV.

2. The government council regulates the exceptions and the procedure in the ordinance.

1. The maintenance of heating systems that are operated with solid, liquid, or gaseous fuels is the responsibility of the ownership of the systems.

2. The maintenance obligation is considered fulfilled if safety-related maintenance is carried out at appropriate intervals by an authorized professional and any identified defects are remedied.

1. The safety-related maintenance is intended to ensure personal safety and fire protection.

2. It must be carried out professionally in accordance with the rules of technology. It consists of inspecting and, if necessary, cleaning the combustion system.

3. The SGV may issue the necessary directives.

1. The intervals between safety maintenance operations shall be determined in consultation with the specialist, based on the specific installation and usage. Particular consideration shall be given to manufacturer's instructions, technical specifications, fuel type, performance, intensity of use, degree of contamination, and the age of the installation.

1. For the execution of the safety-related maintenance of combustion plants, a license from the SGV is required.

2. The license requires the Swiss federal diploma as a master chimney sweep or proof of an equivalent qualification.

3. The licensed professionals are obligated

a) to undertake the safety-related maintenance throughout the entire canton, including remote areas, at reasonable costs;

b) to engage in regular education and training.

4. Inspection and cleaning work can also be carried out under the supervision of the professional by chimney sweeps or persons with equivalent qualifications and apprentices.

5. The SGV maintains a public list of the licensed professionals.

1. The ownership of the facility and the specialist must document the maintenance relating to safety technology and the agreed inspection interval in an appropriate manner and be able to provide evidence if necessary.

2. The specialist must inform the ownership of any identified defects in writing.

3. In cases of significant danger or if defects are not rectified despite repeated requests, the specialist must report to the SGV.

1. Lightning protection systems may only be installed and maintained by qualified professionals.

2. The government council shall determine the necessary professional qualifications by regulation.

3. Qualified professionals are required to register in a public registry maintained by the SGV.

**1. Network operators must report to the SGV any security proofs that are either not submitted on time or deemed insufficient.**

1. The SGV may, taking into account the risk of fire and explosion as well as personal hazard, conduct the following inspections

a) Construction and acceptance inspections;

b) Periodic inspections of buildings and facilities;

c) Periodic inspections of thermal, domestic, and safety technical systems.

2. It may delegate the inspections for individual buildings or categories of buildings, as well as for individual components, to specialists.

3. The inspections are to be conducted, if possible, in the presence of the owner or user or their representatives.

1. The SGV shall issue the necessary orders to remedy identified defects, setting an appropriate deadline and threatening enforcement by the enforcement authority in case of non-compliance.

2. In the event of an acute risk of fire or explosion or immediate danger to persons, the SGV may order all necessary immediate measures, including, in particular, prohibitions on use or a construction stop, with reference to Article 292 of the Swiss Criminal Code of December 21, 1937.

3. Enforcement shall otherwise be governed by §§ 83 et seq. of the Law on Legal Protection in Administrative Matters (Administrative Procedure Act) of November 15, 1970.

1. Buildings are to be constructed and maintained in such a manner as to be as secure as possible against elemental damages.

2. The owners of existing buildings are required to take the necessary and reasonable measures to protect the building against natural events

a) in the event of substantial structural or usage-related changes;

b) after a damage incident.

3. The Government Council shall regulate the relevant protection objectives in an ordinance. It may declare guidelines from specialist organizations on elemental damage prevention as binding and issue additional regulations. It may also delegate this authority to the SGV.

1. The construction of buildings, as well as structural or usage-related modifications to buildings, require a specialized report on elemental damage prevention from the SGV.

2. The building authority specifies the necessary measures according to the specialized report in the building permit.

3. The government council regulates the exceptions and further details in the ordinance.

1. The fire department is responsible for intervention in the event of fires, natural disasters, collapses, accidents, or ABC events to protect people, animals, the environment, and property values.

2. The fire department is tasked with the duty of immediate, temporary deployment in cooperation with the police, medical services, and third parties.

3. The participation of the fire departments in acute hazard prevention based on other cantonal or municipal decrees remains reserved.

1. The building insurance and the municipal authorities are entrusted with the implementation of the regulations concerning the fire brigade.

2. The overall supervision of the entire fire service is exercised by the Government Council.

3. The SGV issues the necessary instructions particularly concerning

a) the strength and equipment of the fire brigade;

b) the training service and the course system;

c) the deployment and the fundamentals of the alarm organization.

4. The SGV is responsible for the organization and execution of the fire brigade courses. It regulates the course compensation in a regulation.

5. It operates a central administration system for the fire brigades. The Government Council regulates the details in an ordinance.

1. Every residential municipality is required to organize, equip, and maintain a fire department.

2. The residential municipalities are responsible for providing adequate and appropriate facilities. In particular, they must ensure the availability and readiness of alarm systems, ICT infrastructure, equipment, and water sources that are suitable for local conditions.

3. The residential municipalities shall bear the costs of the fire department, insofar as they are not funded by third parties.

1. Where circumstances justify, multiple municipalities may, in mutual agreement and in consultation with the Fire Brigade Association (SGV), organize a single fire brigade according to the provisions of the Municipal Act. Such an arrangement requires the approval of the Governing Council.

2. The Governing Council is authorized to mandate the creation of regional fire services or other measures to enhance fire readiness for multiple municipalities and to determine the conditions to be fulfilled by the municipalities.

1. In enterprises with a high fire risk, increased risk to persons, or challenging conditions for fire department operations, the SGV may authorize or require the enterprise to organize and maintain its own fire brigade.

2. The fire brigades recognized by the SGV are required to assist outside the enterprise when necessary. The SGV decides on exceptions.

3. Members of the enterprise fire brigade should be recruited from the location of the enterprise whenever possible. In case of disputes, the SGV will decide. Individuals assigned to the enterprise fire brigade are exempted from the duty to serve in a Solothurn local or regional fire department.

1. The SGV may assign special tasks to individual local, industrial, or regional fire brigades.

2. It concludes performance agreements with the entities responsible for fire brigades with special tasks.

3. Subject to the jurisdiction according to the Ordinance on Cantonal Emergency Services dated October 31, 2000.

1. The municipal communities and enterprises with a recognized industrial fire brigade must issue a fire brigade regulation. This regulation must be approved by the department following consultation with the SGV.

2. The SGV establishes the minimum content of the fire brigade regulation.

1. Water supply points within the meaning of § 71 paragraph 2 are considered to be hydrant systems with a sufficiently large water reserve and water capacity as well as adequate pressure.

2. Where hydrant systems are inadequate or cannot be constructed for technical or financial reasons, the SGV shall determine what should replace them.

3. If buildings are not connected to the public water supply, the property owners must establish and maintain the necessary water supply point.

4. Property owners must tolerate the construction, maintenance, and use of water supply points for the fire department, such as hydrants, fire water tanks, fire ponds, and similar facilities.

5. The SGV shall regulate the details in a regulation.

1. Each fire department is obligated to provide assistance outside the municipality or the enterprise. The SGV regulates mutual assistance and compensation in a regulation.

1. The SGV allocates contributions to promote the fire service.

2. When determining the contributions, appropriate consideration shall be given to the potential for rationalization within the fire service.

3. The SGV's contribution to the costs of the fire services shall be at least

a) for new acquisitions of personal equipment, apparatus, and vehicles: 35%

b) for the construction and improvement of fire stations: 25%

4. The government council shall regulate further details of the contribution allocation in an ordinance. It may authorize the SGV to issue implementing provisions.

1. The Building Insurance may, for the fire brigades

a) procure personal equipment for firefighters and, for this purpose, operate a central warehouse;

b) conduct coordinated procurements for materials, equipment, and vehicles.

2. It passes on its expenses for procurements and warehouse management to the entities responsible for the fire brigades.

1. All individuals are subject to mandatory firefighting service in their municipality of residence starting from the calendar year in which they turn 21 years old.

2. The mandatory service lasts until the end of the calendar year in which the obligated individual turns 45 years old.

3. Where circumstances require, the Executive Council may, upon request or after consultation with the municipal government, extend the service obligation to younger or older individuals or limit it to 25 years of completed active service.

4. Recognized industrial fire departments shall comply with paragraphs 1 - 3 correspondingly.

1. Municipalities or enterprises with recognized operational fire brigades may retain members of the fire brigade who have reached the end of their mandatory service or may enlist non-obligatory individuals into the service.

2. Voluntary fire brigade service from the age of 18 is credited towards the service years.

1. The service obligation is fulfilled by

a) active firefighting service in a fire department recognized by law;

b) payment of a substitute fee for unfulfilled service.

2. The type of service obligation is determined by the municipal authorities responsible for the recruitment and assignment of those subject to service. For service in an industrial fire brigade, § 73 paragraph 3 applies.

1. Exemptions from Active Fire Service Duty and Payment of Substitute Fee

a) Pregnant individuals;

b) Persons who predominantly or solely care for at least one child living in their own household until the child reaches the age of 15;

c) Persons receiving a disability pension or helplessness allowance from the Federal Disability Insurance;

d) Persons required to provide constant care to an individual living in their household as described in letter c.

2. The Governing Council may, by ordinance, exempt individuals who are in a position to perform official functions during fires from fire service duty and the obligation to pay the substitute fee.

3. The municipal assembly may, in its fire service regulations, exempt additional persons from performing fire service duties, but not from the obligation to pay the substitute fee.

1. Members of the fire brigade are obliged to undertake the service assigned to them and to attend the prescribed exercises and courses.

2. They can be required to hold a rank and perform the associated duties for a duration of 10 years. In the event of an unjustified early resignation, the course fees and other costs incurred by the SGV and the municipality may be reclaimed, taking into account the services already rendered.

3. The service members are entitled to receive a salary.

1. Fire service duties are generally performed within the fire department organization of the residential municipality or in an operational fire brigade recognized by the SGV.

2. Upon request, these duties can be completed in another municipal, regional, or operational fire department in Solothurn, provided that

a) it is appropriate under the given circumstances, particularly considering the work situation and qualifications of the individual subject to fire service duty;

b) the personnel strength of the residential municipality permits it.

3. The SGV decides on the request after consulting with the residential municipality.

1. Compensation for loss of earnings during course attendance is the responsibility of the municipal communities and the companies with company fire brigades.

2. Salary payments by employers to members of local or regional fire brigades are reimbursed by the municipal communities at 80%, up to the maximum according to the highest rate of the current Federal Loss of Earnings Compensation Act. In the same manner, the loss of earnings of self-employed persons is compensated.

3. Course participants are entitled, in any case, to at least the minimum amount per working day in accordance with the Federal Loss of Earnings Compensation Act.

1. Municipalities shall ensure that members of their fire brigade, as well as individuals who assist during an operation or are involved in exercises, are adequately insured against accidents.

1. Individuals subject to mandatory service who do not perform active fire service are required to pay a substitute fee determined by the municipality of residence. This consists of an annual percentage of the final assessed state tax. Separately assessed state taxes are not to be considered.

2. The substitute fee is owed to the municipality of residence where the person liable for the fee resides as of December 31. It amounts to a minimum of 40 francs and a maximum of 800 francs. The SGV may adjust the minimum and maximum amounts in accordance with the rate of inflation, as determined by the National Consumer Price Index (LIK).

3. A full or partial waiver of the state tax results in a corresponding reduction of the substitute fee.

4. Anyone who is exempted from mandatory service during the course of a year is required to pay the substitute fee for the entire year, but will receive a proportional refund from the municipality of residence.

1. Obligatory fire service participants who are living in an unseparated marriage or registered partnership with a partner actively serving in the fire service are exempt from paying the substitute levy.

2. Partners living in an unseparated marriage or registered partnership who do not actively serve in the fire service owe a substitute levy jointly under joint liability. If both have their own residence, they owe a half substitute levy each at their place of residence.

3. Obligatory fire service participants who are living in an unseparated marriage or registered partnership with a partner who is no longer subject to the duty or is exempt from the duty under § 83 Paragraph 1 or 2 shall pay a half substitute levy.

1. All persons are obligated to immediately report outbreaks of fire and damaging natural events, as well as any observations indicating such events, to the canton police's alarm center and to alert affected parties.

1. The fire brigade may use properties, buildings, vehicles, and other things belonging to third parties both in emergencies and for training purposes.

2. In the case of training, the ownership of the affected items must be informed in advance, and as quickly as possible in the event of an emergency, by the fire brigade command.

3. The legitimate interests of the affected parties must be considered. Owners of vehicles should be adequately compensated.

1. Anyone who necessitates or prompts the deployment of the fire department through intentional or grossly negligent action or omission is liable to the residential municipalities for all costs of the deployment.

2. Even without proof of fault, they can claim the deployment costs from

a) the perpetrator in cases involving the ABC defense unit as well as accidents with vehicles;

b) persons to whom assistance was provided through deployment in emergencies (excluding fire, explosion, and natural events, as well as in special and extraordinary situations);

c) the owners of automatic fire alarm and extinguishing systems in the case of repeated false alarms;

d) applicants for services in special incidents or events in accordance with the municipal fire department regulations.

3. Multiple liable parties are jointly and severally liable for the deployment costs.

4. The basis for the imposition of deployment costs is a fee schedule to be issued by the residential municipality.

5. The residential municipality mandates the reimbursement of deployment costs in accordance with the Municipal Law (ML) of February 16, 1992.

1. The ownership of automatic fire alarm and extinguishing systems is required to pay the local municipalities an annually recurring fee for the preparatory services of the fire department, in accordance with the municipal fee schedule.

2. The connection and maintenance fees are otherwise determined by the cantonal fee schedule (GT) dated March 8, 2016.

1. The SGV is associated with a fund for assistance with non-insurable elemental damages.

2. It administers the fund and provides a separate annual account thereof.

1. The state shall participate in the Natural Disaster Damage Fund with 50%, the SGV with 25%, and the local municipalities with 25%. The share of each municipality shall be determined by the government council according to financial equalization principles.

2. The participants together are required to annually contribute 150,000 Swiss Francs to the fund. If the fund reaches an amount exceeding 600,000 Swiss Francs, the government council may, after consulting the participants, reduce or temporarily suspend the contributions.

3. Should deficits arise due to extraordinary catastrophic events, the government council is authorized, within its financial competence, to provide advances to the fund on behalf of the state.

1. The fund provides contributions for the mitigation of natural disaster damages insofar as these damages cannot be insured.

2. The fund's contributions serve as a supplement to the contributions granted by the "Swiss Fund for Assistance in Non-Insurable Natural Disaster Damages" ("fondssuisse").

3. The eligibility criteria for contributions, application procedures, damage assessment, eligible damage as well as minimum damage and deductible are governed by the applicable guidelines of fondssuisse.

4. The fund's contribution, taking into account contributions from third parties and fondssuisse, may not exceed 90% of the eligible damage.

5. The Executive Council regulates the details of contribution provision in the ordinance.

1. Against rulings by the SGV, issued based on this law and its implementing decrees, a written objection may be filed with the SGV within 30 days. This objection must contain a request and a justification.

2. The SGV reviews the ruling and issues a reasoned objection decision.

3. An appeal against the objection decision may be filed with the Administrative Court within 10 days.

4. The objection procedure before the SGV is free of charge. No party compensation is awarded.

1. A fine ranging from 50 to 1,500 Swiss Francs shall be imposed on anyone who intentionally or negligently

a) violates the fire protection regulations of this law (§§ 53, 54, 56, and 58), the implementation regulations according to § 55, or an order issued based on these;

b) maintains heating systems ignoring § 61 without approval from the SGV concerning safety technology;

c) installs or maintains lightning protection systems in contravention of § 63 without the necessary professional qualifications;

d) fails to comply within the time limit with an order under § 66 to remedy deficiencies.

2. Anyone who intentionally fails to attend a firefighting course organized by the SGV following a summons shall be fined between 50 and 300 Swiss Francs.

3. The prosecuting authorities shall notify the SGV of all penal orders and judgments issued based on this law.

1. Cases of damage that occurred before the entry into force of this law will be settled according to the previous law.

2. Legal remedies already filed at the time of the law's entry into force shall be judged by the authority competent under the previous law.

3. Provisions of fire department regulations of municipal communities and of companies with recognized company fire departments are repealed, insofar as they contradict this law. This does not apply to the duration of service obligation as specified in the regulations.

4. Fire department regulations must be adapted to the provisions of this law within two years after its entry into force.

5. For persons whose obligation to serve in the fire department had ceased under previous law at the time of the law's entry into force, the regulation regarding the duration of service does not apply.

1. The government council shall issue the necessary implementing regulations in an ordinance.