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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/05/21 21:32
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Chapter Law Content

Chapter Five: Disaster Response Countermeasures
Article 27
(Work Items of Imposing Emergency response countermeasures)
To execute emergency response measures, various tiers of governments shall depend on its functional authorities implement the following subparagraphs:
1. Disaster alarm announcement and delivery, response and alert, people evacuation, rescue and refuge advise, information collection of disaster situation, survey report of loss, and provide priority to the use of communication media and communication equipment to disseminate emergency-related information;
2. Delimitation of precaution zone, traffic control, order maintenance and crime prevention;
3. Firefighting, flooding prevention and other response measures;
4. Providing temporary accommodation, Social rescue and special protection measures for the disadvantaged minority;
5. Emergency cares for the children, youths and students suffered from the disaster;
6. Emergency handling of hazardous materials, facilities and equipments;
7. Infectious disease prevention and control, reject processing, environment disinfection, inspection of food sanitation and any other public health affairs;
8. Search and rescue, emergency medical service and transportation of the injured;
9. Assist inspection and disposal of the bodies of victims and their belongings;
10. Supply and allotment of livelihood products and potable water;
11. Disaster prevention and emergency repair of water conservancy and agriculture;
12. Emergency repair of public facilities including railway, highway, bridge, mass transportation, rapid transit system, airport, seaport, public gas and fuel pipeline, power transmission line, telecommunication, tap water, and agricultural fishery.
13. Emergency evaluation of hazardous building;
14. Preservation and disposal of drift, sunk objects and other objects from the salvation;
15. Complete documentation of the disaster response course; and
16. Any other affairs taken in response to disaster and prevention from its expansion.
Various tiers of governments shall include the response affairs under the preceding paragraph to each prevention and protection plan.
Public enterprises shall depend on its disaster prevention and protection operation plan to implement response affairs.
Pursuant to Item 13 of Para. 1, applicable disaster types, timing of implementation, operating personnel, procedure, posting of danger signs in case of emergency evaluation of hazardous building shall be enacted by Ministry of the Interior.
Article 28
(Commanding Authority & Operation Venue of Disaster Response Center)
Upon creating the disaster response center at each tier, the governor of every grouping organization shall either in person or designate personnel of functional authority to station in the center and execute the disaster response works. Then the response center commander shall be in charge of commanding, coordination and integration.
Each tier of disaster response center shall maintain a permanent venue for its operation, keep sufficient equipment of disaster prevention and protection, and hold periodical drills.
To prevent Central Disaster Prevention and Protection Center from failing to cope with the disaster or to implement responsive measures in the case of cross-municipality or cross-county (city) disaster, Remote Disaster Backup and Recovery Center shall be established.
Article 29
(Responsibility to Notify Disaster Situation and Take Essential Measures)
Anyone shall take initiative to report any disaster or the risk of a disaster to the fire or police department, the village master or secretary.
Upon receiving the report, the department or the personnel as set forth in the preceding paragraph shall promptly take essential measures.
Upon discovering, being notified of a disaster situation or the risk of a disaster, the government at each tier and the public enterprises should take the initiative to collect and communicate related information on the disaster situation and promptly make necessary disposal.
Article 30
(Items of Disposal or Injunction made subject to the extent for disaster response)
After establishment of disaster response centers, the commander of the disaster response center may, subject to the extent necessary for disaster response, make the following affairs under the name of the agency designated by the commander:
1. Announcement and execution of emergency response measures.
2. Delimit a precaution zone to limit or forbid people to enter or order to leave by issuing temporary pass.
3. Specify some interval within a road, water area, and/or an air altitude to limit or forbid passages of vehicles, sea vessels and aircrafts;
4. Requisition related professionals, technicians and operating personnel for purchased resources for their assistance in rescue;
5. Requisition and purchase of private searching dog, salvation tools, vehicles, sea vessels, or aircrafts, land, water rights, buildings and work objects;
6. Command, supervise and coordinate among national army, fire department, police department, coast guard, related government agencies, public enterprises, organization of reserve force, civil defense organization, community disaster prevention and protection groups and civil voluntary organizations of disaster prevention and protection in carrying out disaster rescue works.
7. Demolish of hazardous building, work object, and removal of barriers in the site of disaster;
8. Having the top priority to use the media and communication equipment to collect and broadcast the disaster situation and related information of emergency response;
9. Application and reception of overseas disaster protection organizations combing to Taiwan for disaster protection operations; disaster-affected areas in charged thereby; and related coordination and contact.
10. Organize, calculate, report and evaluate disaster situation.
11. Any other required response disposal.
Where the commander of the disaster response center designates an agency to take a disciplinary action other than issuing a temporary pass as prescribed in Paragraphs 2 and 3 of the preceding articles shall make a public announcement and publish it on a government notice, newspaper, by SMS, or by other means that are sufficient for the purpose of disclosure; and the same shall apply to the revocation, annulment and modification thereof.
In the event that any one in distress by violating the requirements set forth in Paragraph 1, Subparagraphs 2 and 3 has been rescued by the disaster response center, the disaster response center may send a written request for the reimbursement of salvation expenses from the one so rescued or the responsible enterprise; executive agency, timing and procedure to make the reimbursement request and other related affairs shall be enacted by Ministry of the Interior.
Pursuant to Item 6 of Paragraph 1, grouping, training, assisting disaster relief and other related affairs of the civil defense organization, community disaster prevention and protection groups and civil voluntary organizations of disaster prevention and protection shall be enacted by Ministry of the Interior.
No one shall evade, hinder or reject any disciplinary actions taken by the agency in accordance with Paragraphs 4, 5, 7 and 8 of Paragraph 1.
Article 31
(Injunction Taken to the Essential Supplies Dealer for the Implementation of Disaster Response Countermeasures)
For the purpose of implement those countermeasures set forth in Article 26.1 and 27.1, government at each tier may issue injunctive order to dealers who manufacture, transport, vend and are in custody of those supplies needed for the implementation, to have those supplies under custody or requisition.
To execute the penalty under the preceding paragraph, the government may dispatch personnel with ID to enter the business place of any of those businesses or the place where the materials are stored for inspection.
No one shall evade, hinder or reject disciplinary actions taken by governments at all tiers in accordance with Paragraph 1 and any check conducted thereby in accordance with the preceding paragraph.
Article 32
Governments at all tiers may purchase insurance for personnel carrying out disaster prevention and protection works in accordance with the Act; dispatched professionals and technicians; and operating personnel of the requisitioned materials
Article 33
(Reimbursement Regulations for Carrying out Requisition)
Any requisition, purchase or priority use made under the Act shall be reimbursed or compensated with the operating procedures, compensation standards, payment methods and other related matters to be enacted by Ministry of the Interior.
Article 34
(The Range, Method and Duration for Civilian to Claim for Damage Amends)
Any civilian sustaining loss to his/her properties as a result of the disposal, injunctive action or order made pursuant to Article 24.2, Article 30.1.1 to Article 30.1.3, Article 30.1.7 and Article 30.1.11 of the Act and penalty of custody pursuant to Article 31.1 of the Act may claim for damage amends unless such loss is attributable to the civilian.
Pursuant to the preceding paragraph, the damage amends shall be paid in money and at a sum not greater than the loss as incurred.
The claim for damages as described in Paragraph 1 shall have its causes specified in written and be made to the execution agency within two years. But no claim shall be made five years after the occurrence of the said damages.
Article 35
(The Item and Procedure of Request Superior Organization to Support in Disaster Disposal)
If the township (city) or indigenous districts office fails to cope with a disaster, the special municipal or county government shall take the initiative to send its employees to provide the support, or assign coordinators to provide support and assistance as requested by the township (city) or indigenous districts office.
If the municipal, or county (city) government fails to cope with a disaster, the central disaster prevention and protection operation regulating authorities shall take the initiative to send its employees to provide the support, or assign coordinators to provide support and assistance as requested by the special municipal, or county (city) government.
Items and procedure of support referred in the first two paragraphs herein shall be separately enacted by the central disaster prevention and protection operation regulating authorities and the municipal or county government.
If the municipal, or county (city) government, or the central disaster prevention and protection operation regulating authorities fails to cope with the disaster, it may request supports from the national army. However, the national army shall actively support responsive measures of major disaster rescue.
The Ministry of National Defense shall mobilize reserved servicemen's organizations to support responsive measures of major disaster rescue as provided in the preceding paragraph.
The procedures for requesting rescue support or active support for responsive measures of disaster rescue from national army, arrangement and dispatch of national defense force, commanding and coordination, negotiation and communication, education and training of disaster rescue affairs, the schedule of duty operation and other relevant operation regulations as prescribed in the fourth paragraph therein shall be duly enacted jointly by the Ministry of National Defense and the Ministry of the Interior.
Article 36
(Classification, Content and Announcement of Alarm Signal Required in Emergency response)
Unless otherwise provided by other laws, the classification, content, method and announcement timing of alarm signals needed during the emergency response, shall be drawn up by each central disaster prevention and protection operation regulating authorities to seek the approval from the Executive Yuan for publication.
Alarm signals referred in the first paragraph and any similar signals shall not be used unless otherwise permitted.
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