The objective of this Note is to inform you about the recent publication of the “Agreement by which the Terms of Reference for the preparation of Internal Civil Protection Programs for establishments are disclosed, TR-SGIRPC-PIPC-EST-002-2019”, (hereinafter the "TERMS OF REFERENCE"), published in the Official Gazette on August 26, 2019 and entering into force that same day.
In this sense, the terms of reference are defined as a set of scientific or technological rules issued by the Secretariat for Comprehensive Risk Management and Civil Protection (hereinafter, the “Secretariat”) in which the requirements, specifications are established. , parameters and permissible limits that must be observed in the application of projects, as well as in the development of activities or in the use and destination of assets that increase or tend to increase risk levels.
These terms of reference apply throughout the territory of Mexico City and apply to the elaboration of Internal Civil Protection Programs, in establishments classified as medium and high risk, in accordance with the Agreement that determines the degree of risk.
In other words, their objective is that the responsible natural or legal person, owner or possessor of the establishment or property classified as medium or high risk in Mexico City, implement an Internal Program, which must be
registered with the Secretariat through an Accredited Third Party, in order to reduce risks in terms of civil protection in the property.
In turn, the Terms of Reference establish, among others, the following obligations, which must be fulfilled:
Have an internal and external risk analysis of the property.
Have a structural opinion of the property that guarantees the security of the establishment or property.
Have a safety and operational clearance.
Have a non-cancellable civil liability insurance policy.
Implement training programs on civil protection issues.
Carry out three drills a year.
Implement Civil Protection brigades.
On the other hand, based on the risk analysis carried out by the Third Party Borrower, structural and non-structural actions will be established to reduce risks, and each establishment must establish, regardless of the business line, the following actions that regulate the Terms of Reference:
• Integration of the Internal Civil Protection Committee and corresponding brigades.
• Equipment, prevention and fire fighting.
• Fire detection and alarm systems.
• Emergency light.
• Annual Maintenance Program for Fire Prevention and Fighting Equipment.
• Equipment and Zoning for emergency care, among others.
Likewise, based on the general conditions of the establishment and / or the property where it is located, the Terms of Reference oblige the development of the corresponding action protocol for each type of risk determined, set out in a Contingency Plan, which must contain, among others : (i) Hazards and vulnerability in establishments or buildings to mitigate them, as well as (ii) Actions necessary to prevent and, in the event that the risk occurs, reduce the impact or damage.
It is noteworthy that the monitoring, evaluation and verification of compliance with the Terms of Reference corresponds to the Mayor's Office or the Secretariat, depending on whether the establishment is medium or high risk respectively and in two areas: 1) that the requirements of the Accredited Third Party are met. and 2) verify that the property complies with the security measures established by the authority. The administrative verification must be carried out in accordance with the provisions of the Mexico City Administrative Procedure Law and the Administrative Verification Regulations of the Federal District.
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 these Terms of Reference.