Federal Supreme Court dismisses appeal against the Canton of Ticino’s fire protection regulation

Federal Supreme Court decision

The Federal Supreme Court (First Public Law Division, 1C_257/2026, 14.09.2026) dismisses, insofar as it is admissible, the appeal by the municipalities of Ascona, Bellinzona, Comano, Locarno, Lugano, Mendrisio and Novazzano and the Associazione dei Comuni Ticinesi (ACT) against the partial revision of the cantonal fire protection regulation (RPA, RL 705.210) adopted on 25 March 2026. The revision expands the list of building categories subject to mandatory periodic fire protection inspections (every two, five or ten years), requires municipalities to keep a register of buildings subject to inspection and sets transitional deadlines (31.12.2027, 31.12.2029, 31.12.2034). The appellants alleged violations of the principle of legality (Art. 5 para. 1 of the Federal Constitution), the separation of powers (Art. 51 of the Constitution of the Canton of Ticino), the prohibition of arbitrariness (Art. 9 of the Federal Constitution) and the principle of equality (Art. 8 of the Federal Constitution). The Court considers the complaints unfounded or inadmissible and refers to the fire in Crans-Montana (1 January 2026) as an objective reason. The municipalities and ACT are recognised as having standing to appeal; the Court does not examine the equality complaint on its merits because it is insufficiently substantiated.

Content of the partial revision of the fire protection regulation

The partial revision of the Canton of Ticino’s cantonal fire protection regulation (RPA, RL 705.210), adopted on 25 March 2026, expands the list of building categories subject to mandatory periodic fire protection inspections. Depending on the building category, inspections must take place every two, five or ten years. The revision also requires municipalities to keep a register of buildings subject to inspection (Art. 6 para. 6 RPA). The transitional deadlines are set as follows: for buildings and installations subject to periodic inspections that do not have a fire protection acceptance certificate, the expert assessment attesting to an acceptable residual fire risk must be prepared by 31.12.2027. The first mandatory periodic inspections must be carried out by 31.12.2034 for category a, by 31.12.2029 for category b and by 31.12.2027 for category c (Art. 13 paras. 3–4 RPA).

Constitutional review

The Federal Supreme Court finds no violation of the principle of legality (Art. 5 para. 1 of the Federal Constitution) or the separation of powers (Art. 51 of the Constitution of the Canton of Ticino) by the contested provisions of Art. 6 RPA, insofar as it examines the complaints on their merits. It considers the deadline for the expert assessment under Art. 13 para. 3 RPA not to be arbitrary (Art. 9 of the Federal Constitution). It does not examine the equality complaint (Art. 8 of the Federal Constitution) on its merits because it is insufficiently substantiated. The complaints are therefore unfounded or inadmissible; the appeal is dismissed insofar as it is admissible. The Court recognises the fire in Crans-Montana (01.01.2026) as an objective reason for the revision.

Standing to appeal and court costs

The municipalities (Art. 89 para. 1 letters b/c of the Federal Supreme Court Act, interests in the exercise of public authority) and ACT (an association’s appeal to safeguard its members’ interests) are recognised as having standing to appeal; the appeal is dismissed insofar as it is admissible. No court costs are imposed on the municipalities (exercise of their official duties, Art. 66 paras. 1 and 4 of the Federal Supreme Court Act); exceptionally, the Court also waives costs for ACT (Art. 66 para. 1 of the Federal Supreme Court Act).