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Chapter Law Content

Title: Building Act CH
Category: Ministry of the Interior(內政部)
Chapter 6 Usage Management
Article 70
After a construction project is finished, the proprietor shall apply for usage license jointly with the constructor and the supervisor. The municipal or county (city) (bureau) competent authority of construction shall send persons to perform inspection within 10 days commencing from receipt of the application. Where the main structure, indoor partitions, and the main building equipments are in conformity with the design drawings, the usage license and copies shall be granted. In case of unconformity, the applicants will be notified to make modification and then apply for inspection again. However, the time limit for inspection of the buildings used for the public may be extended to 20 days.
Where there is no constructor or supervisor of a building, or the constructor and supervisor, without due reasons, refuse to or fail to jointly submit application after it is reviewed by the Construction Disputes Review Committee, the proprietor may singly apply for the license.
Appraisal of the main equipments referred to the first paragraph shall be prescribed in the regulations on construction management.
Article 70-1
Where a part of building can be used independently after completion of construction, a partial usage license may be granted. Provisions on the validity, applicable scope, application procedure, and inspection provisions shall be prescribed by the central competent authority of construction.
Article 71
To apply for a usage license, the following documents shall be enclosed in the letter of application:
1. The original construction license or miscellaneous license.
2. As-built plan and elevation views of the building.
Where the building is completely the same as described in the approved working drawings, the as-built plan and elevation views are not required.
Article 72
Where application is submitted to apply for usage license for a building used for the public according to Article 70, the municipal or county (city) (bureau) competent authority of construction shall jointly with the competent authority of fire safety to check the fire fighting equipments, and shall grant the usage license where the equipments are qualified.
Article 73
Without a usage license, the building is prohibited from access to and usage of water and power. But where it is deemed by the municipal or county (city) government as any of the following occasions, regulations on usage of water and power may be otherwise prescribed:
1. Buildings in remote areas where urban plan is not implemented.
2. Buildings demolished due to construction of public facilities, which are necessary to be reconstructed, and will not encumber the development of the urban plan.
3. Buildings damaged by natural disaster, and need to settle and repair.
4. Other buildings urgently required for the people’s living.
Buildings shall be used according to the approved usage classification. In case of alteration of usage class, or main structure, fire-protection segment, fire-protection refuge facilities, fire-fighting equipments and parking spaces other than prescribed in Article 9, or other alteration to the originally approved usage, usage alteration license shall be applied for, unless the building is under a certain scale.
Exemption from usage alteration license for buildings under the above-mentioned certain scale will be prescribed by the municipal and county (city) competent authorities of construction.
The usage classification as well as conditions and procedure for alteration of usage shall be prescribed by the central competent authority of construction.
Article 74
To apply for a usage alteration license, the following documents shall be enclosed in the letter of application:
1. Original or copy of the usage license of the building.
2. Description of the altered purposes.
3. Structural computation statement, and illustrations of indoor decoration and equipments (for alteration to be used by the pubic)
Article 75
The municipal or county (city) (bureau) competent authority of construction shall handle the examination and grant the license for alteration of usage in accordance with Article 70.
Article 76
Where a building not used for the public is changed as used for the public, or changed to another purpose for the public, the municipal or county (city) (bureau) competent authority of construction shall inspect the structure, equipment and indoor decorations, and shall inspect the fire safety equipments jointly with the competent authority of fire safety.
Article 77
The ownership holder and the user of a building shall maintain the legal usage as well as the structure and equipment safety of the building.
The municipal or county (city) (bureau) competent authorities of construction may send persons to check the building structure and equipments related to public safety and public health at any time.
Ownership holders and users of the buildings used for the public shall entrust professional institutions or persons recognized by the central competent authority of construction to perform inspection and attestation periodically, and the inspection and attestation results shall be reported to the local competent authority of construction. It is also applicable to the buildings not used for the public where deemed as necessary by the Ministry of the Interior.
The competent authority of construction may send persons at any time or periodically cooperate with the related departments to reexamine the above-mentioned inspection and attestation results.
The items, term, reporting method and implementation date of the inspection and attestation mentioned in the third paragraph shall be prescribed by the Ministry of the Interior.
Article 77-1
To protect the public safety, where the structure, fire-prevention refuge facilities and fire-fighting equipments of legal buildings used for the public or not used for the public but deemed as necessary by the central competent authority of construction do not meet the current provisions, the competent authorities shall require the ownership holder or user to make improvement or use the building for another purpose. The procedure for applying for improvement as well as items, contents, and method of improvement shall be determined by the central competent authority of construction.
Article 77-2
The following provisions shall govern the indoor decoration of buildings:
1. To perform indoor decoration of the buildings used for the public, examination and permission shall be applied for. This is also applicable to buildings not used for the public where deemed as necessary by the Ministry of the Interior. The central competent authority may authorize the architect association or other related professional technical organizations to perform examination.
2. The decoration materials shall meet the provisions of the construction technical regulations.
3. The fire-prevention refuge facilities, fire-fighting equipments, fire-prevention segmentation, and the main structure may not be damaged.
4. Facilities used to protect the people’s privacy right shall not be encumbered or damaged.
The above-mentioned indoor decoration shall be performed by the indoor decoration practitioners registered at and permitted by the Ministry of the Interior.
Indoor decoration practitioners shall be registered at and permitted by the Ministry of the Interior, and do business within the business scope and responsibilities.
The procedure for examination and approval of application for indoor decoration, qualifications of indoor decoration practitioner, procedure of application for registration and permit, and business scope and responsibilities referred to in the above three paragraphs shall be prescribed by the Ministry of the Interior.
Article 77-3
Mechanical amusement facilities require miscellaneous licenses, and shall be constructed by the constructors with the qualifications to construct mechanical amusement facilities, and get the conformity certificate after passing the acceptance check. After the accident liability insurance is covered in accordance with Subparagraph 2, Paragraph 2, the insurance certificate and conformity certificate shall be submitted to the municipal or county (city) competent authority of construction to apply for usage license. Without the usage license, the facilities may not be used.
Mechanical amusement facilities operators shall manage and use their mechanical amusement facilities in accordance with the following provisions:
1. The facilities shall be used within the approved life span.
2. Accident liability insurance shall be covered from time to time at the minimum premium for the facility items designated by the central competent authority of construction.
3. Legally practicing professional technicians or architects, or inspection institutions or organizations designated by the central competent authority of construction shall be entrusted periodically to perform safety inspection.
4. Full-time personnel shall be appointed to manage and operate the mechanical amusement facilities.
5. Electromechanical technicians qualified through exam or test shall be appointed to perform routine maintenance and repair.
The frequency of the safety inspection referred to in Subparagraph 3 shall be determined by the governing municipal or county (city) competent authority of construction, and may not be less than 2 times every year. Overall or partial safety inspection may be executed flexibly where necessary.
The results of the safety inspection referred to Subparagraph 3 shall be reported to the municipal or county (city) competent authority of construction for disposal, and the municipal or county (city) competent authority of construction may send persons at any time or periodically cooperate with related departments or consign related institutions or organizations to perform re-inspection or selective inspection.
Provisions on the documents and illustrations that ought to be submitted to apply for miscellaneous license, qualifications and conditions of mechanical amusement facility constructors, method and items of completion inspection, format of conformity certificate, facility items and minimum premium of accident liability insurance, method and items of safety inspection, qualifications and conditions of the institutions and organizations designated to perform inspection, as well as format of the safety inspection result shall be prescribed by the central competent authority of construction.
The clauses and premium amount of the insurance referred to in Subparagraph 2, Paragraph 2 shall be determined by the Financial Supervisory Commission jointly with the central competent authority of construction.
Article 77-4
The elevating equipments and mechanical parking facilities may not be used before the usage permit is obtained after passing the completion inspection.
The manager of the above equipments shall periodically entrust professional manufacturers with the license granted by the central competent authority of construction to perform maintenance, and shall periodically request the municipal or county (city) competent authority of construction or inspection institutions or organizations designated by the central competent authority of construction at the request of the municipal or county (city) competent authority of construction to perform safety inspection. Where the manager doesn’t submit the application, the municipal or county (city) competent authority of construction shall order the manager to submit application within a specified time limit. In case that application is not submitted within the foresaid time limit, the equipments will be stopped from being used.
Where the above-mentioned safety inspection is performed by an inspection institution or organization, inspectors who hold the inspector certificates granted by the central competent authority of construction shall be assigned to perform inspection, and the assigned inspectors may not be the practitioners in the professional manufacturers responsible for maintenance of the equipments to be inspected. The municipal or county (city) competent authority of construction may entrust the institution or organization that performs safety inspection to grant usage permits.
The inspection institution or organization shall periodically report the results of the above-mentioned inspection to the municipal or county (city) competent authority of construction, and the municipal or county (city) competent authority of construction may execute sampling examination. Where the equipments are not qualified in a sampling examination, the usage permit shall be abolished.
The professional manufacturer mentioned in the second paragraph shall process operations according to the following provisions:
1. Professional technicians who hold registered certificates granted by the central competent authority of construction shall be assigned to perform installation and maintenance.
2. Installation shall be performed according to the illustrations sent to the municipal or county (city) competent authority of construction for reference.
3. Accident liability insurance shall be covered from time to time at least at the minimum premium specified by the central competent authority of construction.
4. A certain number of full-time professional technicians shall be employed according to the prescribed quantity of equipments to be maintained.
5. Any manufacturer may not provide the registration certificate of professional manufactures for others to use, or use the registration certificate of another manufacturer.
6. Operating supervision performed by the competent authorities of construction shall be accepted.
7. After a contract is signed, installation or maintenance operations shall be finished in accordance with the contract.
8. The documents submitted for reference shall be in conformity with the facts.
9. Improvement shall be made immediately in case the equipments are unqualified in inspection executed by the inspection institution or in sampling inspection performed by the competent authority of construction.
10. Entrusted application for safety inspection shall be handled within the specified time limit.
The professional technicians referred to in the above Subparagraph 1 shall process operations according to the following provisions:
1. Any professional technician may not provide the professional technician certificate for someone else to use, or use the certificate of someone else.
2. The results of maintenance shall be recorded according to the facts.
3. All the professional technicians shall attend the training held by the central competent authority of construction or related institutions or organizations entrusted by the central competent authority of construction.
4. Any professional technician may not be employed in two or more professional manufacturers.
The inspection institutions referred to the second paragraph shall do business according to the following provisions:
1. Abilities to do business shall be provided.
2. Alteration of inspectors shall be reported according to the facts.
3. Applications for inspection may not be overstocked.
4. Operating supervision performed by the competent authorities of construction shall be accepted.
5. For the unqualified cases that are reported for disposal, the manager shall be notified to make improvement within a specified time limit. The equipments do not pass the re-inspection shall be reported in time to the municipal or county (city) competent authority of construction for disposal.
The inspectors mentioned in the third paragraph shall process operations in accordance with the following provisions:
1. Any inspector may not provide the inspector certificate for someone else to use, or use the certificate of another inspector.
2. Inspection results shall be reported according to the facts, and the equipments unqualified in inspection shall be reported to the inspection institution for disposal.
3. All the inspectors shall attend the training held by the central competent authority of construction or related institutions or organizations entrusted by the central competent authority of construction.
4. Anyone may not work in two or more inspection institutions or organizations.
5. Where it is found in inspection that a set of elevating equipment is likely to harm the public safety immediately, the inspector shall, as quickly as possible, report the case to the municipal or county (city) competent authority of construction for disposal.
The documents required to apply for usage permits for the equipments mentioned in the above 8 paragraphs, validity period and format of usage permit, term of maintenance, term, method and items of safety inspection, format of safety inspection results, qualifications and conditions of the institutions or organizations designated to perform safety inspection and entrusted to hold training, qualification, conditions, procedure and format of the professional manufacturer registration certificates, inspector certificates and professional technician certificates, minimum premium of accident liability insurance, as well as number of professional technicians employed by and quantity of maintenance equipments possessed by a professional manufacturer shall be prescribed by the central competent authority of construction.
The clauses and premium amount of the insurance mentioned in Subparagraph 3, Paragraph 5 shall be determined by the Financial Supervisory Commission jointly with the central competent authority of construction.