Chapter 8 Penal Provisions
Article 85
Anyone who infringes Article 13 or 14 and conducts design, supervision or construction of buildings without authorization will be compelled to stop operation, and will be fined a sum of NT$ 6,000~30,000. In case the actor doesn’t obey the foresaid disposal and continues operation, he/she will be condemned to fixed-term imprisonment or penal servitude for up to 1 year or/and be fined a sum of up to NT$ 30,000.
Article 86
Infringement of Article 25 will be punished according to the following provisions:
1. Construction without permission will be fined a sum of up to 50? of the construction cost of the building, and shall be stopped to supplement the necessary procedure; coercive demolishing may be executed where necessary.
2. Usage without permission will be fined a sum of up to 50? of the construction cost of the building, and shall be stopped to supplement the necessary procedure; in case of any of the occasions as described in Article 58, the building may be shutdown, and modified within specified time limit or coercively demolished.
3. Dismantling without permission will be fined a sum of up to NT$ 10,000, and dismantling shall be stopped to supplement the necessary procedure.
Article 87
In any of the following occasions, the proprietor, constructor or supervisor will be fined a sum of up to NT$9,000, and the necessary procedure shall be handled; and construction may be stopped where necessary.
1. Construction is not performed in accordance with the approved working drawings and specification, infringing Article 39.
2. Announcement of the loss is not publicized on newspaper or electronic newspaper and application is not submitted for re-licensing according Article 40 in case of loss of building license.
3. Construction is not finished within the construction term, and application is not submitted for extension of the term according to Paragraph 2, Article 53.
4. Construction is not started within the time limit, and application is not submitted for extension according to Paragraph 2, Article 54.
5. Application is not submitted for registration in case of alteration of the proprietor, constructor, or supervisor, or suspension or cancellation of work according to Paragraph 1, Article 55.
6. Design is not revised and application is not submitted for usage of usable parts of suspended works according to Paragraph 2, Article 55.
7. Reports are not submitted for inspection according to Article 56.
Article 88
In case of infringement of any of Articles 49~51, the constructor or the supervisor will be fined a sum of NT$ 3,000~15,000, and will be ordered to make modification within a specified time limit. Where modification is not performed within the time limit, the buildings may be coercively demolished.
Article 89
In case of infringement of any of Articles 63~69 or Article 84, construction will be stopped, and the constructor, supervisor or dismantler will be fined a sum of NT$ 6,000~30,000; where the proprietor is also liable, he/she will be fined a same sum too.
Article 91
In any of the following occasions, the ownership holder or user of the building and the operators of mechanical amusement facilities will be fined a sum of NT$60,000~300,000, and improvement shall be performed or necessary procedure be handled within a specified time limit. Where improvement is not made or procedure is not handled and usage is still continued, continuous punishment may be made, and usage shall be stopped within a specified time limit. Where necessary, the authority may stop the water and power supply, close down the building, require the ownership holder to demolish the building and restore the original conditions, or coercively demolish the building.
1. The building is used without approval of usage alteration, infringing Article 63.
2. The legal usage as well as the structure and equipments safety of the building are not maintained under Paragraph 1, Article 77.
3. The examination, reexamination or sampling examination as prescribed in the Paragraph 2 and 4 of Article 77 is evaded, encumbered or refused.
4. Building public safety inspection and attestation or reporting is not handled according to Paragraph 3 and 4 of Article 77.
5. Mechanical amusement facilities are provided for people to use without the usage license, infringing Paragraph 1, Article 77-3.
6. Mechanical amusement facilities are not used according to the approved life span, infringing Subparagraph 1, Paragraph 2, Article 77-3.
7. Accident liability insurance is not covered from time to time according to Subparagraph 2, Paragraph 2, Article 77-3.
8. Periodical safety inspection is not carried out according to Subparagraph 3, Paragraph 2, Article 77-3.
9. Full-time personnel are not appointed to manage and operate the mechanical amusement facilities according to Subparagraph 4, Paragraph 2, Article 77-3.
10. Electromechanical technicians qualified through exams or tests are not appointed to take charge of routine maintenance and repair according to Subparagraph 5, Paragraph 2, Article 77-3.
For a building used for business operating, where death is caused due to infringement of the provision on maintenance of the legal usage as well as the structure and equipments safety as prescribed in Paragraph 1, Article 77, the ownership holder or the user will be condemned to fixed-term imprisonment for 1~7 years, and may be fined a sum of NT$1,000,000~5,000,000; in case of serious injury, fixed-term imprisonment for 6 months to 5 years will be condemned, and a sum of NT$500,000~2,500,000 may be fined.
Article 91-1
In any of the following occasions, the architects, professional technicians, professional institutions or persons, professional technical personnel, inspectors, or inspection personnel executing safety inspection to the mechanical amusement facilities will be fined a sum of NT$60,000~300,000:
1. The contents of inspection and attestation as prescribed in Paragraph 3, Article 77 are false.
2. Others are allowed to handle the inspection and attestation as prescribed in Paragraph 3, Article 77 in the inspector’s name, or other’s name is used to handle the inspection and attestation.
3. Registration certificate or inspector certificate is provided for someone else to use, or the certificate of someone else is used to do business with infringement of Subparagraph 1, Paragraph 6, or Subparagraph 1, Paragraph 8, Article 77-4.
4. The contents of safety inspection report are false, infringing Subparagraph 3, Paragraph 2, Article 77-3.
Article 91-2
Where a professional institution or professional inspector gravely infringes the provision on inspection and attestation prescribed by the Ministry of the Interior as described in Paragraph 1, Article 77, the permit granted by the institution or inspector will be abolished.
On occurrence of any of following committed by a professional manufacturer of elevating equipments or mechanical parkingfacilities, the municipal or county (city) competent authority of construction shall notify the manufacturer to make correction within a specified time limit. Where correction is not made within the time limit, the manufacturer will be stopped from operation, or the central competent authority of construction may abolish the registration certificate.
1. Non-professional technical personnel are assigned to perform installation and maintenance with infringement of Subparagraph 1, Paragraph 5,Article 77-4.
2. Installation is not performed based on the illustrations submitted for reference and according to Subparagraph 2, Paragraph 5, Article 77-4.
3. Accident liability insurance is not covered from time to time according to Subparagraph 3, Paragraph 5, Article 77-4.
4. A certain number of full-time professional technicians are not employed according to Subparagraph 4, Paragraph 5, Article 77-4.
5. The registration certificate is provided for someone else to use, or the certificate of someone else is used, with infringement of Subparagraph 5, Paragraph 5, Article 77-4.
6. Operating supervision is evaded, encumbered or refused with infringement of Subparagraph 6, Paragraph 5, Article 77-4.
7. Documents submitted for reference are not in conformity with the facts, infringing Subparagraph 8, Paragraph 5, Article 77-4.
8. Improvement is not made after the equipments are unqualified in examination or sampling examination, or the equipments are still unqualified in reexamination after improvement is made, infringing Subparagraph 9, Paragraph 5, Article 77-4.
10. Application is not submitted within specified the time limit according to Subparagraph 10, Paragraph 5, Article 77-4.
On occurrence of any of the following committed by professional technical personnel, the municipal or county (city) competent authority of construction shall notify the personnel to perform correction within a specified time limit. Where correction is not made within the time limit, the personnel may be stopped from operation, or the case will be reported to the central competent authority of construction to abolish the professional technician registration certificate:
1. The registration certificate is provided for someone else to use or someone else’s registration certificate is used to do business, with infringement of Subparagraph 1, Paragraph 6, Article 77-4.
2. The maintenance results are not recorded according to the facts, with infringement of Subparagraph 2, Paragraph 6, Article 77-4.
3. The training is not attended in accordance with Subparagraph 3, Paragraph 6, Article 77-4.
4. Be employed in two or more professional manufacturers with infringement of Subparagraph 4, Paragraph 6, Article 77-4.
On occurrence of any of the following committed by an inspection institution, the municipal or county (city) competent authority of construction shall notify the institution to make correction within a specified time limit. Where correction is not made within the time limit, the institution may be stopped from operation, or the case will be reported to the central competent authority of construction to abolish the designation:
1. The ability to operate business is lost, with infringement of Subparagraph 1, Paragraph 7, Article 77-4.
2. The alteration of inspectors is not reported according to the facts, with infringement of Subparagraph 2, Paragraph 7, Article 77-4.
3. Application cases are overstocked with infringement of Subparagraph 3, Paragraph 7, Article 77-4.
4. Operational supervision is evaded, encumbered or rejected with infringement of Subparagraph 4, Paragraph 7, Article 77-4.
5. The manager is not notified to make improvement within a specified time limit, or a case unqualified in re-inspection is not timely reported to the competent authority of construction for disposal according to Subparagraph 5, Paragraph 7, Article 77-4.
On occurrence of any of the following committed by an inspector, the municipal or county (city) competent authority of construction shall notify the inspector to make correction within a specified time limit. Where correction is not made within the time limit, the inspector will be stopped from operation, or the central competent authority of construction may abolish the inspector certificate:
1. The inspector certificate is provided for someone else to use, or the certificate of another inspector is used to do business with infringement of Subparagraph 1, Paragraph 8, Article 77-4.
2. The inspection results are not reported according to the facts or the unqualified equipments are not reported to the inspection institution for disposal, infringing Subparagraph 2, Paragraph 8, Article 77-4.
3. The training is not attended according to Subparagraph 3, Paragraph 8, Article 77-4.
4. Being employed in two or more inspection institutions or organizations within infringement
5. Reports are not submitted to the competent authority of construction as quickly as possible for disposal according to Subparagraph 5, Paragraph 8, Article 77-4.
The professional manufacturers, professional technicians, or inspectors whose registration certificates or inspector certificates have been cancelled or abolished may not reapply for registration certificates of the same kind or inspector certificates within 3 years.
Article 92
The fines prescribed in this Code shall be punished by the governing competent authority of construction. Where the administrative execution fails, the case may be transferred to the court for coercive execution.
Article 93
For the buildings stopped built under this Code, construction may not be restarted without permission. In case of restarting construction without permission and disobeying the advice to stop, the building will be coercively demolished or recovered to the original conditions, and the persons liable will be condemned to fixed-term imprisonment or penal servitude for up to 1 year, and/or fined a sum of up to NT$ 30,000.
Article 94
The buildings stopped from being used or closed down under this Code may not be used without permission and disobeying the advice to stop, fixed-term imprisonment or penal servitude for up to 1 year will be condemned, and/or a sum of up to NT$300,000 will be fined.
Article 94-1
For the buildings for which the water or power supply is shut off under this Code, water or power may not be reconnected or used without being examined and approved by the municipal or county (city) (bureau) competent authority of construction. In case of connection or use of water or power without permission, fixed-term imprisonment or penal servitude for up to 1 year will be condemned, and/or a sum of up to NT$300,000 will be fined.
Article 95
Illegal reconstruction of the buildings coercively demolished under this Code will be condemned to fixed-term imprisonment or penal servitude for up to 1 year, and/or fined a sum of up to NT$300,000.
Article 95-1
In case of infringement of Paragraph 1 or 2, Article 77-2, the ownership holder or the user of the building or the indoor decoration practitioner will be fined a sum of NT$60,000 to NT$300,000, and shall make improvement or complement the necessary procedure within a specified time limit. Where improvement is not made or the procedure is not supplemented within the time limit, continuous punishment may be performed; and the illegal parts of indoor decoration shall be demolished where necessary.
Any indoor decoration practitioner who infringes Paragraph 3, Article 77-2 will be fined a sum of NT$60,000~300,000, and will be stopped from operation, and the registration may be cancelled where necessary; in case that the practitioner is a company, the governing department may be notified to cancel the registration.
Disobedience of the above provision and continuance of operation will be condemned to fixed-term imprisonment or penal servitude for up to 1 year,and/or fined a sum of up to NT$300,000; Where the practitioner is a company, punishment shall be executed to the principal and the actor.
Article 95-2
Any manager of building elevating equipments and mechanical parking facilities who infringes Paragraph 2, Article 77-4 will be fined a sum of NT$3,000~15,000, and will be compelled to perform improvement or supplement the necessary procedure within a specified time limit; where improvement is not performed or the procedure is not supplemented within the time limit, consecutive punishment may be performed.
Article 95-3
In case of penalty of Paragraph 2, Article 97-3 after this Code is amended and enforced, and establishment of billboard or erected advertisement without permission, the owner of the building, the land owner, or the user will be fined NT$40,000~200,000, and will be ordered to make improvement or handle the necessary procedure within a specified time limit; where improvement is not made or the procedure is not handled within the time limit, consecutive penalty may be performed. Where necessary, the owner or user may be compelled to remove the billboard or erected advertisement within a specified time limit.