New Legal Framework on Civil Protection Matters in Mexico City.
The purpose of this Note is to inform you about the recent promulgation and publication of the new Legal Framework on Civil Protection Matters, in Mexico City, which is mainly made up of:
a) Law of Comprehensive Risk Management and Civil Protection of Mexico City, published on June 5, 2019 in the Official Gazette and entering into force that same day,
b) Regulations of the Law of Comprehensive Risk Management and Civil Protection of Mexico City published on August 7, 2019 in the Official Gazette and entering into force that same day,
c) Agreement by which the Degree of Risk is determined for the elaboration of the Internal Civil Protection Program, published on August 7, 2019 in the Official Gazette,
d) Agreement by which the tariff to which the accredited third parties will have to subject the collection of their fees for the preparation of Internal and Special Programs for establishments or real estate in Mexico City is disclosed, published on August 7, 2019 in the Official Gazette,
e) Notice by which the electronic link is made known where the digital platform for Internal Civil Protection Programs, published on August 7, 2019 in the Official Gazette, can be consulted,
f) Agreement by which the Guidelines for the elaboration of the Risk Atlas of the Mayor's Offices, published on August 26, 2019 in the Official Gazette, are disclosed,
g) Agreement by which the Technical Standard NT-SGRIPC-IGT-004-2019 is issued.- "Temporary LP Gas Installations", published on August 26, 2019 in the Official Gazette,
h) Agreement by which the Guidelines for the Preparation of Urban Impact Studies are disclosed that must address the risk studies for Urban Impact Study projects in terms of Comprehensive Risk Management and Civil Protection, published on August 26 of 2019 in the Official Gazette,
i) Agreement by which the Terms of Reference for the elaboration of Internal Civil Protection Programs for properties intended for housing, housing complexes or housing units, TR-SGIRPC-PIPC-VMCH-004-2019 and;
j) Agreement by which the Terms of Reference for the preparation of Internal Civil Protection Programs for establishments are disclosed, TR-SGIRPC-PIPC-EST-00-2019.
In this sense, it is necessary to mention that, with the entry into force of the aforementioned normative bodies, in addition to a new legal framework, new obligations have been created for
those administrators, managers, owners, tenants or owners of real estate in Mexico City, whether from the public, private and social sectors in order to prevent, control and reduce the Risk of Disasters.
It is noteworthy that the Law of Comprehensive Risk Management and Civil Protection of Mexico City, modifies the concept of mandatory and approval of Internal Civil Protection Programs, specifying that only medium and high risk establishments will have the obligation to present them, which will be registered in an online platform in the Mayor's Offices or in the Secretariat for Comprehensive Risk Management and Civil Protection.
The internal programs are the comprehensive, detailed and meticulous study of each property in Mexico City, carried out by an Accredited Third Party, which can be a natural or legal person, who provides their services in terms of Comprehensive Risk Management and Protection. Civil, duly registered and authorized in the Secretariat.
Thus, the operation of the Comprehensive Risk Management System and the application of the new Legal Framework correspond to the Head of Government of Mexico City, the Secretariat for Comprehensive Risk Management and Civil Protection and the Mayor's Offices, each in their respective field of competence.
In this sense, however, the legitimacy of said regulations issued in the field of Civil Protection in order to establish coordination mechanisms for the safeguarding of people, their assets, the environment and operation, administrators, managers, entrepreneurs, tenants or Property owners in Mexico City must observe the utmost diligence to avoid abuses of authority.
By virtue of the foregoing, Briffault Abogados SC is at your service to provide appropriate and timely advice, regarding compliance with the new obligations that arise for establishments in matters of Civil Protection. As well as, the Contentious Area for any abuse by the authority in charge of the application of the new Legal Framework for Civil Protection in Mexico City.