French General Code of Local Authorities
In forceI. - The provisions of this chapter do not apply to the City of Paris and in the departments, Hauts-de-Seine, Seine-Saint-Denis and Val-de-Marne, which remain governed by the texts specific to them, with the exception of Articles L. 1424-2 and L. 1424-4-1 as well as article L. 1424-42, for the application of which the functions entrusted to the Board of Directors are carried out by the Paris Council.
II. - In the department of Bouches-du-Rhône, the provisions of this chapter do not apply to the Marseille marine fire brigade provided for in article L. 2513-3, with the exception of Articles L. 1424-2 to L. 1424-4-1, L. 1424-7, L. 1424-42 and L. 1424-51.
For the application of these articles to the area of jurisdiction of the Marseilles marine firefighters battalion, the functions entrusted to the board of directors, the director, the chief medical officer and the departmental fire and rescue operational centre are respectively carried out by the municipal council of the municipality of Marseilles, by the commander and the chief medical officer of the Marseilles marine firefighters battalion and by the Marseilles fire and rescue services operational centre.
A decree determines the list of regulatory texts for which the powers of the departmental fire and rescue service are exercised in the area of competence of the Marseilles marine fire battalion by this unit and its supervisory and employment authorities.
The municipal council of the commune of Marseilles may enter into an agreement with the board of directors of the interdepartmental public fire and rescue establishment to which the Bouches-du-Rhône departmental fire and rescue service belongs to define the terms and conditions of the cooperation of this establishment with the Marseilles marine fire and rescue battalion.
III. - The provisions of this chapter do not apply to the territorial collectivity of Saint-Pierre-et-Miquelon, with the exception of articles L. 1424-2 and L. 1424-3 and the provisions mentioned below.
In the territorial collectivity of Saint-Pierre-et-Miquelon, a public establishment called the "fire and rescue service" is created, with legal personality and financial autonomy.
The missions of this service are those defined in article L. 1424-2.
In the exercise of their police powers, the mayor and the prefect implement the resources falling within the remit of the fire and rescue service under the conditions set out in operational regulations drawn up by the prefect after consultation with the departmental council.
The provisions of the second and third paragraphs of article L. 1424-4 and those of article L. 1424-8-2.
The fire and rescue service is administered by a board of directors, the composition of which is set by decree in the Conseil d'Etat.
The board of directors adopts a budget each year.
The revenue of the service includes in particular:
- the annual contributions of the communes, the amount of which is set each year by the chairman of the board of directors after advice from the council;
- the contribution of the departmental council of the territorial authority.
Each year, the contribution of the departmental council may not be less than 40% of the sum of fire-fighting expenditure, in investment and operation, recorded in the administrative accounts of the communes during the previous financial year. For the first year of operation, the departmental council's contribution is set by reference to the sums recorded in the administrative accounts for 1993.
A decree in the Conseil d'Etat sets out the terms and conditions for the organisation and operation of this service.
