Implementing Ordinance to the Act on Building Insurance, Fire Protection, Natural Hazard Prevention, Fire Services, and the Natural Hazard Fund (Gebäudeversicherungsverordnung; GVV) - Board of Administration § 7 (GVV)

1. The Board of Directors must possess expertise in the following areas: top management of a larger organization, strategy and organizational development, insurance technology, finances including financial investments and controlling, risk management, human resources, compliance, firefighting, and prevention.

2. Eligible for election are individuals who possess the necessary expertise in one or more of the mentioned areas. When electing, representatives of the directly affected interest groups shall be appropriately considered.

3. Membership can last for multiple terms of office.

1. The Solothurn Building Insurance (SGV) may engage part-time specialists in an employment or assignment relationship.

2. Simple revision assessments can be conducted through self-declaration.

1. The building also includes those parts of a building that are firmly connected to it, but are not enclosed or covered (such as balconies and canopies).

2. Building-like structures in bridges and underpasses must be insured as building-like constructions.

3. Movable structures such as huts, stalls, barracks, as well as inflatable halls, tent structures, etc., are not considered buildings.

1. All installations belonging to the building ownership that serve the purpose of the building and are permanently attached to it must be insured.

2. An installation is considered permanently attached if it cannot be removed without being damaged or causing damage to a part of the building.

1. The building must also insure the building's ownership's comprehensive facilities, such as

a) all facilities that make the enclosed space usable, such as doors, stairs, elevators, windows, shutters, blinds;

b) floor coverings tailored to room dimensions, glued or otherwise installed, with only the topmost floor covering being insured;

c) facilities serving the heating, ventilation, and air conditioning of the space;

d) fixed installations serving the basic lighting of the space;

e) sanitary facilities;

f) pipes for gas, steam, water, electricity, etc., within the building;

g) facilities necessary for the purpose and use of a building and free-standing construction products outside the building on the building's parcel (such as heat pumps, ground probes, tanks, pump shafts, reservoirs, and photovoltaic systems, but not pools and large tanks for storing liquid or gaseous fuels).

2. In residential buildings, the basic equipment belonging to the building's ownership (such as stoves, refrigerators, freezers, dishwashers, washing machines, and dryers) is also insured once per usage unit with the building, even if it is not permanently attached to the building.

1. The following are not to be insured with the building

a) operational equipment of commercial, industrial, and agricultural facilities (such as machines, apparatuses, and pipelines);

b) the associated structural facilities (such as foundations, bases, conveyor systems, and containers) that form a cohesive whole with the operational equipment.

2. In cases of difficult separation, an appropriate solution for the business is to be made in cooperation with the movables insurance.

1. The SGV issues a delineation guideline with a collection of examples to clarify the principles of allocation.

1. A storm is assumed to have occurred if a wind speed of at least 63 km/h on a 10-minute average or gust peaks of at least 100 km/h have been measured concerning the insured object.

2. The presence of a storm is also presumed if, in the vicinity of the insured object, a majority of properly constructed and maintained buildings, particularly roofs, are entirely or partially uncovered, or healthy trees are significantly damaged.

3. If measurement values according to paragraph 1 cannot be applied to the insured object and due to environmental circumstances there is no collective damage pattern according to paragraph 2, the SGV may compensate the damage if, based on the damage pattern on the insured object, a storm under the meaning of paragraph 2 must be assumed.

4. No insurance coverage exists if buildings and permanent building parts do not meet the following minimum requirement: resistance to a wind speed of up to 63 km/h on a 10-minute average or to individual gust peaks of up to 100 km/h.

1. Hail is a weather-induced precipitation in the form of ice pellets that causes damage to an insured object through direct or indirect impact.

2. Not covered is the damage to structural components that, due to their nature or aging, have a resistance to hailstones less than one centimeter in diameter (HW < 1).

1. Flooding is a water level or flow in a standing or flowing body of water that is significantly above the long-term average value or exceeds the established gauges or flow rates, triggered by precipitation or meltwater.

2. Inundation is the temporary covering of a land area with water, directly caused by precipitation or meltwater (surface runoff) or by flooding as described in paragraph 1.

3. Groundwater is understood to mean all water located beneath the Earth's surface, regardless of whether it is part of the groundwater stream, hillside water, or seepage water.

4. Furthermore, damages to parts of buildings that are constantly situated in a standing or flowing body of water are not considered as flood and inundation damages.

1. An avalanche is present when naturally accumulated masses of snow or ice suddenly and uncontrollably begin to slide, causing damage to an insured object either by the masses themselves or by the accompanying air pressure.

2. Snow slide is the sudden accelerated sliding of a naturally accumulated mass of snow or ice.

1. Snow load is the effect of the weight of a resting mass of snow or ice that has accumulated naturally.

2. Damage from snow load is not covered for buildings whose load-bearing structure does not have the necessary resistance to snow load according to the recognized rules of building science.

1. A rockfall or landslide occurs when rock fragments or masses of rock and stone naturally fall or descend in the terrain.

2. Damage to buildings resulting from rockfall and landslide in rock extraction areas and quarries is not covered.

1. A landslide occurs when naturally grown soil becomes uncontrollably displaced in a sliding motion.

2. A landslide is presumed if, at the time of the damage occurrence, other buildings in the vicinity of the insured object were damaged, cracks and ruptures in the soil have appeared, or trees, poles, or fences have been tilted.

3. A subsidence occurs when the ground spontaneously lowers itself in a rapid, vertical, often funnel-shaped movement in a natural manner.

1. A valid reason for insuring at the current value also includes the written declaration by the ownership that the building or parts of the building will not be restored after a loss event.

1. The Contributions from Private Insurances According to Article 88 Paragraph 3 of the Federal Act on the Supervision of Insurance Companies of December 17, 2004, Amount to 0.05 Per Mille of the Capital Insured in the Canton.

1. In cases where damages amount to at least 1/5 of the insured value, the current value is reimbursed after the damage has been assessed and the site cleared. The remainder of the compensation is paid out when the insured value of the completed replacement building reaches that of the damaged building. If this value is not reached, the remainder of the damage amount is reimbursed, provided that the new value of the reconstructed building exceeds the sum of the residual building value and the current value compensation of the damage.

2. For damages less than 1/5 of the insured value, the proven restoration costs are reimbursed after the completion of the restoration. Subject to

a) the compensation of the actual condition value (§ 38 paragraph 2 GVG);

b) the reduction of the compensation by the added value in the case of a current value insurance (§ 40 paragraph 2 GVG);

c) the compensation of the insured sum agreed upon for building parts or the assessment of the damage according to § 40 paragraph 1 GVG if a fixed insured sum has been agreed upon for the entire building (§ 22 paragraph 3 GVG).

3. In the case of minor damages up to 5,000 francs, the estimated damage amount can be paid out with the written consent of the property owner without cost verification as a full settlement of all claims.

4. In a current value insurance, the compensation is paid out after assessment and clearing of the damage site. For a fixed insured sum, the payout is made once the damage is repaired and the cost verification is provided.

5. If assessed building parts are used in the restoration, these are deducted accordingly from the insurance benefit.

1. A depreciation compensation is paid for purely aesthetic damages without impairing the usability and functionality of a part of the building.

2. The compensation generally amounts to 1/3 of the restoration costs.

3. No depreciation compensation is granted for aesthetic damages located in a part of the building not visible under normal use or only clearly visible from close proximity (< 5 meters).

1. In the event of non-reconstruction, the payout of the time value (§ 41 GVG) will take place when the damage site has been cleared.

2. The compensation for the demolition value (§ 38 paragraph 3 GVG) is reserved.

1. The payment is made to the ownership

a) for reinstated partial damages under 1/5 of the insured value;

b) if the building is not mortgaged; or

c) if the mortgage creditors consent to the payment within the scope of the mortgage liability. The ownership must present the SGV with an extract from the land register concerning the mortgage rights.

2. The SGV may, in consultation with the ownership, directly remunerate the service providers for the construction invoices. Consent from the mortgage creditors is not necessary.

3. Otherwise, the payment is made to the mortgage creditors according to their rank.

1. The SGV may use the building data it collects for measures to promote fire protection and natural hazard prevention.

1. The SGV is authorized to declare guidelines from professional organizations as binding in a regulation.

1. No fire protection permit is required for

a) Single-family homes;

b) Ancillary buildings: single-story structures with a floor area of no more than 150 m², which are not intended for the permanent accommodation of persons, have no open fireplaces, and where no dangerous substances are stored in significant quantities, such as carports, garages, garden sheds, small animal shelters, and small storage facilities;

c) Small renovations, extensions, and changes in use that do not increase the risk of fire or explosion and do not compromise personal safety.

2. If the legal building distance is not maintained, a fire protection permit is required in any case.

1. The client must submit a fire protection application with the accompanying fire protection certificate

a) in the building permit procedure to the competent building authority, for the attention of the Fire Protection Authority (SGV), as an attachment to the building application;

b) to the SGV, insofar as no building permit is required.

2. A fire protection certificate is a complete and comprehensible presentation demonstrating that the planned structural, technical, organizational, or defensive fire protection measures meet the applicable requirements, and generally consists of a fire protection report and associated fire protection plans.

3. The SGV examines the fire protection certificate for compliance with the applicable fire protection regulations. Depending on the technical complexity and fire risk, it may involve specialists.

4. If the fire protection certificate reveals significant deficiencies, it will be returned for improvement or supplementation.

5. The SGV may grant approval with stipulations, conditions, or amendments.

6. Upon completion of the construction or facility, the owner must submit a declaration of conformity to the SGV, confirming the implementation of measures in accordance with the fire protection approval, ensuring quality assurance.

**1. Qualified Personnel**

A person is considered qualified if they possess a certificate from the Association of Cantonal Fire Insurances (VKF) as an external lightning protection specialist or have equivalent education and training.

1. Notification to the SGV must occur simultaneously with notification to the Federal Inspectorate for Heavy Current Installations (ESTI).

1. The following protection objectives establish the level of protection that buildings and building parts must demonstrate against insured elemental hazards in order to qualify for unrestricted insurance coverage.

2. In any case, the duty to prevent imminent elemental damage remains reserved.

1. Protection Objectives Against Storms Are Considered As Follows

a) For structural frameworks, the requirements according to the recognized rules of construction engineering;

b) For the building envelope, invulnerability to wind speeds of up to 63 km/h on a 10-minute average or to individual gust peaks of up to 100 km/h.

1. Against Hail, the Protective Objectives are

a) For components constantly exposed to the weather, hail resistance in accordance with recognized rules of architecture, provided such components are available and no legally prescribed materials with lower hail resistance are required;

b) For shading devices and other components only temporarily exposed to the weather, appropriate structural, technical, or organizational protective measures with a favorable cost-benefit ratio.

1. The protection objective shall comply with the requirements according to the recognized rules of construction.

1. For all other insured risks, the following protection objectives apply

a) For buildings located in a hazard zone, the protection objectives according to the hazard map;

b) For buildings that pose a potential risk according to the surface runoff hazard map, effective protective measures against the identified hazard;

c) In case of known hazard exposure, appropriate measures that adequately protect the building from impending natural damages.

1. A measure is deemed reasonable if

a) the benefit of preventing future damages exceeds its costs;

b) the costs of the measure are in a reasonable proportion to the insured value of the building;

c) the use or appearance of the building is not significantly impaired as a result;

d) the protection of the building is not equally well ensured by protective measures of public authorities that are already assured in planning or are being implemented.

1. The recognized rules of construction expertise are the standards of the Swiss Society of Engineers and Architects (SIA).

2. The SGV is authorized to declare guidelines from professional organizations as binding in a regulation and to issue additional provisions.

1. Subject of the Technical Report is the protection of buildings against the insured natural events.

2. A technical report is not required

a) for construction projects where there is no known risk from hazard map processes or surface runoff;

b) for renovations and changes in use that do not lead to an increased risk of elemental damage.

1. The SGV prepares the technical report based on the construction application documents, which must be provided to it by the building authority.

2. If necessary, it may request additional documents from the client.

3. The SGV may consult experts if required.

1. The measures deemed necessary according to the specialist report shall in all cases be considered as required damage prevention measures within the meaning of § 34 paragraph 3 of the Act.

1. Supervision of the fire department falls under the responsibility of the SGV and is exercised by the fire inspector.

2. The fire inspector leads the fire inspection department, which is a division of the SGV.

1. The direct supervision of the fire department rests

a) with local fire departments, under the municipal council;

b) with regional fire departments, under the board of the association of municipalities or the executive body according to the public-law agreement;

c) with industrial fire departments, under the plant management.

2. The leadership of the fire department is conducted by the fire chief (male or female).

1. The SGV provides the fire departments with central data management software for the fulfillment of their duties and for course activities.

2. The SGV and the fire departments ensure that the requirements of data protection and data security are adhered to.

3. They have access to the recorded data insofar as they need it for the fulfillment of their duties.

1. The Fire Inspector calls up the course or training participants reported by the fire departments four weeks before the start of the course or training. The summons must be complied with.

1. The fire inspector is responsible for the selection, training, and maintenance of a sufficient number of fire instructors and training officers.

2. He or she issues a diploma to the instructors and promotes them to the rank of captain.

3. With the diploma, the recipient undertakes the obligation to serve as a fire instructor for 15 years.

1. Training of the fire departments is the responsibility of the municipalities and enterprises. The fire departments are obliged to conduct the necessary drills in accordance with the instructions of the Swiss Fire Service Regulations (SGV).

2. Summons can be issued personally or through publication in official gazettes. Summons for regular drills must reach the recipient at least 5 days before the scheduled drill.

3. The training of the fire department shall be conducted in accordance with the standards set by the Fire Service Coordination Switzerland (FKS) and the instructions of the SGV.

1. At the scene of the incident, the operations manager or the operations director of the responsible fire department directs the operation. Until the operations management arrives, the highest-ranking person present takes over the leadership.

2. Officers from external fire departments may be called in for collaboration and consultation.

3. The Fire Inspection Authority supports the operations management on site. In major incidents, the on-call service provider of the Fire Inspection Authority takes over the operations management.

1. The following official functionaries of the Canton of Solothurn are exempt from the service and substitute tax obligation

a) the public prosecutors;

b) the presidents of the municipal councils;

c) members of the cantonal or a municipal police force;

d) the fire inspector.

1. Members of the fire department who are directly threatened or affected by the incident are exempt from duty.

1. The scene of the damage is to be cordoned off in the interest of an undisturbed operation against the crowding of the public.

2. The fire department shall, if necessary, restrict or divert traffic in the interest of the operation and the safety of road users.

3. Non-compliance with the instructions and orders of the fire department officials shall be reported to the magistrate in accordance with the penal provisions of the fire department regulations.

1. Private individuals are prohibited from entering the site of the damage. Access must be granted to officials of the SGV, police, and any other relevant authorities, provided that necessary safety regulations are observed.

2. Homeowners and private individuals are prohibited from making any alterations at the scene of the incident after an operation has concluded, until the investigation of the cause and assessment of the damage have been completed. This is subject to § 36 paragraph 1 GVG.

1. Contributions are granted only for contribution items (buildings, facilities, resources, and measures) that are necessary, economical, and appropriate to the needs.

2. The following are particularly not eligible for contributions

a) Buildings, facilities, resources, and measures that do not serve insured buildings;

b) Maintenance, repair, and operation of contribution-eligible buildings, facilities, and resources;

c) Land acquisition.

3. Conditions and stipulations may be attached to the contribution assurance.

4. The SGV regulates the details of the contribution granting in the regulations according to § 50 paragraph 4, § 76 paragraph 5, and § 78 paragraph 4 of the Act.

1. The SGV may, in deviation from the contribution regulations, grant extraordinary contributions according to the following provisions

a) if exceptional circumstances exceptionally justify it;

b) for special preventive measures within the scope of limited-term actions.

**1. Contributions obligate the recipients and their legal successors to maintain the constructions, facilities, and resources in a proper state of repair and in continual operational readiness.**

1. Contributions are only granted upon request.

2. Contribution applications must be submitted to the SGV in a timely manner before the commencement of construction or installation, or before acquisition, along with the necessary documentation such as descriptions, detailed cost breakdowns, and plans.

3. If applications are submitted late, the SGV may reduce or reject the contributions.

1. For acquisitions involving smaller amounts and for funds procured by the SGV, the SGV may establish a simplified procedure.

1. The applicants are required to provide the necessary information to the SGV. They must grant access to the files and allow on-site inspections.

2. These obligations remain even after contributions have been granted.

1. The entitlement to a contribution arises with the contribution commitment of the SGV.

2. Contributions towards cost overruns greater than 10% of the committed contribution shall only be granted if the additional costs are attributable to inflation or to previously approved project changes.

1. The contribution commitment shall expire if the payment of contributions, based on complete billing documentation, cannot be made within the following periods from the date of the commitment

a) five years for fire water supplies, fire department premises, telephone alarm systems, and prevention measures;

b) three years for vehicles and vehicle components;

c) two years in all other cases.

2. Upon a well-founded request, the deadlines according to paragraph 1 can be extended by a maximum of two years.

1. If existing buildings and facilities or acquired resources are replaced before the expiration of a depreciation period set by the SGV, the portion of the contribution from the SGV that has not yet been depreciated will be deducted from the contribution for the replacement.

1. Contributions will not be disbursed, and contributions already paid can be reclaimed if the associated conditions and stipulations are not met or are inadequately fulfilled despite a warning.

2. If buildings, facilities, or resources financed with SGV contributions are misappropriated, the SGV may reclaim the paid contributions, taking into account the amortization period.

3. It may also reclaim the contribution, in whole or in part, in the event of neglect of maintenance obligations.

1. A contribution of 50% shall be granted to public-law and private entities for the costs incurred in the creation, expansion, and improvement of firefighting water supplies, hydrant systems, fire ponds, reservoirs, and weir devices.

2. If the facility serves purposes other than firefighting, specifically utility and drinking water supply, the contribution shall be 18%.

1. For objects located outside the construction zone, the SGV may reduce the contribution if the principle of proportionality so requires.

2. The contribution may not exceed a total of 1.5% of the building insurance values of all properties that can be protected with the fire water supply.

1. The acquisition of water supply rights is eligible for contributions only for installations that are exclusively used for firefighting purposes.

1. Contributions to the Costs of Fire Brigades in accordance with the Directives of the SGV are provided to municipal communities and recognized industrial fire brigades for

a) New construction and improvement of fire brigade stations, including permanently installed facilities: 25%;

b) Acquisition of new personal equipment, apparatus, and vehicles: 35%. The SGV may provide for an increased contribution in a regulation for joint procurement by fire brigades and for procurements by SGV pursuant to § 79 of the law.

2. A contribution of 50% is granted for

a) Special vehicles and equipment intended for deployment within the canton or region;

b) Equipment and fire brigade vehicles that have increased regional benefits and are procured by order of the fire brigade inspector.

3. The SGV assumes the costs of third parties who are called upon in emergency situations by order of the fire brigade inspectorate.

1. The costs for the ABC forces are regulated in accordance with the Ordinance on Cantonal Damage Services dated October 31, 2000.

1. If the understaffing of a fire department exceeds 40% of the required staffing levels, the entitlement to contributions is forfeited.

2. Exempt from this are contributions to fire department magazines and water supplies.

1. Contributions of 50% are granted towards the costs for the operation and administration (including modifications) of the Solothurn Cantonal Police Alarm Center.

1. In fire protection, contributions are allocated to

a) the installation of lightning protection systems;

b) voluntary structural and technical fire protection measures in existing buildings.

2. Only measures that comply with fire protection regulations are supported.

1. In elementary damage prevention, all efficient object protection measures are eligible for subsidies.

2. Conceptual measures and temporary emergency measures are not eligible for subsidies.

1. The amount of the contribution is determined by the preventive benefit and can amount to up to 50% of the costs.

2. The SGV regulates the graduated scale of contributions in a regulation. Where appropriate, it can also set lump-sum contributions for certain measures.

1. Contributions to coordinated object protection measures shall be granted to the project sponsor if they meet the following conditions

a) they serve as a substitute for necessary preventative measures for individual objects;

b) the relevant protection objective is achieved for the buildings within the perimeter of the measures;

c) the coordinated measure guarantees an equivalent level of protection as the individual measures to be replaced.

2. The contribution amounts to up to 50% of the costs, minus any third-party contributions, and must not exceed the total of contributions for the individual measures to be replaced.

1. The SGV shall establish in a regulation the project and planning services eligible for contributions.

2. The amount of contributions is determined by the extent to which the elemental risk for buildings is reduced, but shall not exceed 50% of the cost of the eligible service after deducting any third-party contributions.

1. Exceptional work and assistance provided during insured events, as well as efforts made to identify arsonists, may be rewarded.

1. Only one procedure is conducted for the fondssuisse and the cantonal fund.

2. The assessment of damages is the responsibility of the SGV and is carried out by the full-time appraisers.

3. Before the determination of the cantonal contribution by the SGV, the decision of the fondssuisse regarding the amount of the contributions must be awaited.

1. The SGV may transfer the contributions to fondssuisse for disbursement to the victims.

1. Contributions Obtained Unlawfully Must Be Refunded.

1. Contribution applications pending at the time of the entry into force of this regulation shall be processed according to the old law.

1. The procedure for granting fire safety approval is governed by the former law for building applications pending at the time of the entry into force.