Print Time:2021/12/01 06:16
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Chapter Law Content

Title: Indoor Air Quality Act CH
Category: Environmental Protection Administration(行政院環境保護署)
Chapter 3 Penal Provisions
Article 13
Owners, managers, or users of officially announced premises who have reporting obligations pursuant to Article 10 of this Act and who enter false records shall be fined NT$100,000 to NT$500,000.
Article 14
Owners, managers and users of officially announced premises who evade, obstruct or refuse inspections, analyses, reviews or orders to provide relevant data shall be fined NT$100,000 to NT$500,000, and may be fined per violation.
Article 15
Owners, managers, or users of officially announced premises that fail to comply with the indoor air quality standards pursuant to Article 7, Paragraph 1 and who are ordered by the competent authority to make improvements within a limited time period, but have not made improvements by the deadline shall be fined NT$50,000 to NT$250,000, and ordered again to make improvements within a limited period; if by the deadline still no improvements have been made, fines may be imposed per violation; in severe circumstances, the use of the officially announced premises may be restricted or prohibited; when necessary, an order may be issued to terminate business.
During the improvement period in the foregoing paragraph, the owners, managers, or users of officially announced premises shall mark in a prominent place at the entrance of the premises that indoor air quality has failed to comply with standards. The owners, managers or users of premises who have not marked according to regulations and continue to use the officially announced premises shall be fined NT$5,000 to NT$25,000, and ordered to make improvements within a limited period; those that fail to make improvements by the deadline shall be fined per violation.
Article 16
Analysis laboratories that violate Article 11, Paragraph 1 or the management regulations stipulated in Paragraph 2 regarding the qualifications of testing personnel, checking and evaluation procedures, or implementation of analysis duties shall be fined NT$50,000 to NT$250,000, and ordered to make improvements within a limited period; those that fail to make improvements by the deadline shall be fined per violation; when analysis laboratories issue false documents, the competent authority may revoke their permits.
Article 17
Owners, managers, or users of officially announced premises that violate Article 8, Article 9, Paragraph 1 or Paragraph 2, shall be ordered to make improvements within a limited period. Those that fail to make improvements by the deadline shall be fined NT$10,000 to NT$50,000, and again ordered to make improvements within a limited period. Those that still fail to make improvements by the deadline shall be fined per violation.
Article 18
Owners, managers, or users of officially announced premises that violate Article 10, Paragraph 1, Paragraph 2 or the management regulations stipulated in Paragraph 3 regarding the items, frequency, sample size and sample distribution method for analyses, the monitoring items and frequency, monitoring equipment standards and result publication method, record preservation period, or preservation method shall be ordered to make improvements. Owners, managers, or users of premises that fail to make improvements by the deadline shall be fined NT$5,000 to NT$25,000, and again ordered to make improvements within a limited period. Those that still fail to make improvements by the deadline shall be fined per violation.
Article 19
The amount of fines for those fined pursuant to this Act shall be determined in accordance with the severity of the violation of indoor air quality standards and its characteristics.
The central competent authority shall determine the fine determination criteria in the foregoing paragraph.
Article 20
Those that are ordered to make improvements within a limited period pursuant to this Act, shall have a maximum of 90 days' time to make improvements. Those unable to make improvements by the improvement deadline due to natural disaster or other force majeure shall, within 15 days after the reason ceases to exist, apply to the competent authority for the approval of an improvement deadline by submitting a written explanation of cause and relevant information; the competent authority shall determine an improvement deadline based on the actual circumstances.
Owners, managers, or users of officially announced premises that are unable to make improvements by the competent authority determined deadline in the foregoing paragraph may, within 30 days after receiving notification of the improvement deadline, submit specific improvement plans to the competent authority in order to apply for an extension of the improvement deadline; the competent authority shall approve the improvement deadline based on actual circumstances; the maximum extension may not exceed six months; the competent authority may terminate promptly the improvement deadline of those that are proven after investigation to have failed to carry out implementation strictly according to their submitted improvement plan and regard them as having failed to make improvements within the deadline.
Article 21
The severe circumstances mentioned in Article 15, Paragraph 1 refer to one of the following situations:
I. Officially announced premises that still violate this Act after having been fined twice within one year of failing to comply with the indoor air quality standards designated in Article 7, Paragraph 1.
II. When indoor air quality at officially announced premises deteriorates severely, and the owners, managers, or users fail to take immediate emergency response measures, causing concern of severe public health hazards.
Web site:Laws & Regulations Database of The Republic of China