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Chapter Law Content

Title: Fire Services Act CH
Category: Ministry of the Interior(內政部)
Chapter Two: Fire Prevention
Article 5
(Education & Propaganda)
Governments of each Municipality, county and city shall sponsor fire prevention education and propaganda programs co-sponsored every year by public agencies, schools, civil organizations and mass communication media.
Article 6
(Installation of Fire Safety Equipment)
The Act defining the Administrators who have the right to dominate and control a variety of places should provide and maintain the proper fire safety equipment.
The central regulating authorities shall set forth standards for the classification of places and the installation of fire safety equipment.
Fire departments may classify depending on the hazardous extent of the various places defined in previous paragraph herein for control,inspection and re-inspection.
Para.1 defines a variety of places not complying with all or one item regulated in Para.1 owing to the difficulty of application with special purposes, constructions, or other fire techniques, methods and equipments as higher level effect should be attached with related certificates recognized by the central fire regulating authority.
The administrators of the hotels, sites of senior citizens’ social welfare and the places announced by central regulating authority that not involved in paragraph 1 herein should provide and maintain residential fire alarms. The regulations regarding the installation, period of improvement, and other matters should be obeyed will be set forth by the central regulating authorities.
Administrators of the place that not involved the ones require automatic fire alarms equipments under the standard in paragraph 1 herein should provide and maintain residential fire alarms. The regulations regarding the installation, period of improvement, and other matters should be obeyed will be set forth by the central regulating authorities.
Article 7
Fire safety equipment installed according to the standards for various types of places should be designed and supervised by certified fire safety professionals. Testing and maintenance should be conducted by fire safety professionals or certified fire equipment technicians. The above tasks related to fire safety equipment may be temporarily performed by existing specialized professions and technical personnel or technicians, with a period until five years from the day the amendments to this law are implemented on May 30, 112th year of the Republic of China. Architectural and electrical engineers can design, supervise, or test and repair non-systematic fire safety equipment such as fire extinguishers, signs, and emergency lighting, without being restricted by the first paragraph. The qualification and management of fire safety professionals are determined by other laws. Before the enactment of the aforementioned law, the central competent authority may formulate the management measures for fire safety professionals and fire equipment technicians.
Article 8
(Qualification of Fire Protection Equipment Engineer/Technician)
Any citizen of the Republic of China having passed the fire protection equipment engineer examination is duly conferred a certificate of a fire protection equipment engineer under the Act may act as a fire protection equipment engineer.
Any citizen of the Republic of China having passed the fire protection equipment technician examination is duly conferred a certificate of a fire protection equipment technician under the Act may act as a fire protection equipment technician.
Any one applying for the issuance of a certificate of fire protection equipment engineer or technician shall submit a written application and qualification documents and file the application with the central regulating authorities.
Article 9
The administrator of a variety of places specified in the first paragraph of Article 6 shall conduct regular inspection and maintenance of fire safety equipment in accordance with the following provisions; the inspection results shall be reported to the competent authority where the site is located for review within the prescribed time limit, and the competent authority may send personnel for re-inspection; The same shall apply to the case of business closure or suspension of business. However, if the entire building where the various sites are located is no longer in use, the administrator of the site may be exempted from regular inspections of fire safety equipment and declaration of inspection results after reporting to the local competent authority for review and approval until the building is restored to use:
1. High-rise buildings, underground buildings, or places announced by the central competent authority: entrust a professional fire safety equipment inspection and maintenance institute permitted by the central competent authority to handle.
2. Places above a certain scale other than those in the preceding paragraph: entrust a fire protection equipment engineer or a fire protection equipment technician.
3. Places other than the preceding two paragraphs that are only equipped with non-systematic fire safety equipment such as fire extinguishers, sign equipment or emergency lighting: entrust a fire protection equipment engineer , a fire protection equipment technician or the administrator to manage it.
Items, methods, standards, and frequency of regular inspection and maintenance of the safety equipment in various places (including out of business or closed places) in the preceding paragraph, periodic inspection or calibration of necessary equipment and appliances for maintenance, specifications, styles, additional methods and locations of maintenance completion signs, the reporting period for acceptance of inspection results, the inspection and handling methods when applying for review, the criteria for determining that the entire building is no longer in use, and the documents to be prepared for review and other matters to be complied with shall be prescribed by the central competent authority.
Places above a certain scale in Subparagraph 2 of Paragraph 1 shall be announced by the central competent authority.
The central competent authority shall prescribe qualifications, procedures, documents to be prepared, review methods, verification (renewal) issuance of licenses, valid period, modification, abolition, extension, regulations of business execution, the employment, changes, training of fire protection equipment engineer or technician, preparation and retention period of business- related documents, reporting of various forms and other matters to be obeyed by a professional fire safety equipment inspection and maintenance institute specified in Subparagraph 1 of Paragraph 1.
Article 10
(Approval of Fire Safety Equipment Drawings)
Drawings of fire safety equipment of any building for public use shall be completed with the examination and approval by the municipal, or county/city fire department before seeking the approval to commence the constructional work from the building regulating authorities.
Any item applying for preliminary examination under Article 34.1 of Building Act involving fire safety equipment of building, it shall be jointly examined by the building regulating authorities and the fire department.
In the event that a building not provided for public use is changing to one for public use, or a building provided for public use is changing to one for another type of public use, the building regulating authorities and the fire department shall jointly examine the drawings of fire safety equipment of the building in question.
Article 11
For buildings with above-ground floors reaching eleven stories or more, underground buildings, and places designated by the central competent authority, the manager should use flame-retardant marked carpets, curtains, drapes, display advertising boards, and other specified flame-retardant items. Flame-retardant items or their materials without flame-retardant markings shall not be sold or displayed.
Article 11-1
Those engaged in the manufacturing, import processing, or operation of flame-retardant items or their materials should apply for flame retardant performance certification from the professional organization registered by the central competent authority, and may only apply for flame-retardant marking from the professional organization after obtaining the certification. The central competent authority may carry out random sampling tests on flame-retardant items or their materials, and operators must not evade, obstruct, or refuse. Details regarding the application eligibility, procedure, necessary documents, review method, certification (re)issuance, validity period, changes, cancellation, extension, flame-retardant marking specifications, attachment method, application procedure, necessary documents, issuance, cancellation, suspension of issuance and other matters to be observed are to be stipulated by the central competent authority.
Article 12
(Inspection of Fire Machine, Supplies and Equipment)
Any fire control machine & tool, apparatus and equipment subject to approval as published by the central regulating authorities may not be offered for sale, display, installation and/or use unless they have survived the approval by the registered Institution of the central regulating authorities and bear an approval label.
With the exception of those items with particular property listed by the central regulating authorities, the approval specified in the preceding paragraph shall include type approval and individual approval in sequence.
Any fire control machine & tool, apparatus and equipment subject to approval as published by the central regulating authorities in the first paragraph, its application, procedure, documents, examination methods, effective approval period, repeal, abolishment, regulating approval label, way of attaching, cancellation, removal and other requirements shall be specified by the central regulating authorities.
The applicant for the approval shall pay the approval fee to the registered institute specified in the first paragraph; the charged items and prices shall be submitted by the registered institute and ratified by the central regulating authorities.
The structure, material, function, approval inspection content, batch recognition, inspection result assessment, primary inspection equipment and other standards of any fire control machine & tool, apparatus and equipment subject to approval shall be specified by the central regulating authorities.
The application, procedure, documents, examination methods, the effective period, issuance (reissuance), repeal, abolishment, administration and other requirements of the registered institute specified in the preceding paragraph shall be specified by the central regulating authorities.
Article 13
Buildings of a certain scale or larger should have a fire protection manager designated by the property manager, who is responsible for developing a fire protection plan. The definition of "a certain scale or larger" in the previous paragraph shall be announced by the central competent authority. If any construction, alteration, repair, change of use, or interior decoration construction affects the function of the original systematic fire safety equipment in the building, the property manager shall have the fire protection manager set up a fire protection plan during construction. The fire protection plans in the first and previous paragraphs should be submitted by the property manager for reference to the competent authority where the building is located, and the necessary tasks related to fire protection management should be carried out according to the plans.
In cases where the management rights of the following buildings are divided, each management rights holder should agree to appoint a joint fire protection manager, who is responsible for developing a joint fire protection plan. This plan should then be submitted by each management rights holder for reference to the competent authority where the building is located, and the necessary tasks related to joint fire protection management and overall evacuation drills should be carried out according to the plan:
1.Buildings of eleven stories or more above ground, not including collective residences.
2.Underground buildings.
3.Other buildings announced by the central competent authority.
In the event that a place does not comply with the first paragraph in the buildings mentioned in the previous paragraph, each management rights holder can agree to assign personnel from that place to serve as the joint fire protection manager. The fire protection manager or joint fire protection manager should be management or supervisory personnel of the places specified in the first and fifth paragraphs. They should receive a certain number of hours of training from the competent authority or a professional organization registered by the central competent authority, and should hold a certificate of qualification. During their term of service, they should also regularly receive refresher training.
The details regarding the training content, hours, trainer qualifications, testing methods, qualification standards, certificate issuance, data setup and preservation, and other matters to be observed for the fire protection manager or joint fire protection manager, as well as the professional organizations specified in paragraph seven, will be determined by the central competent authority.
The property manager should report the appointment of the fire protection manager or joint fire protection manager to the competent authority where the building is located for reference within fifteen days from the day after the appointment. The same applies when there are changes.
Article 13-1
The disaster prevention centers of high-rise buildings or the central management rooms of underground buildings should have on-duty personnel. These personnel should undergo a specific amount of training by competent authorities or professional organizations registered by the central competent authority. They should obtain a qualification certificate before they can serve. During their tenure, they should regularly receive refresher training.
The method of providing training to on-duty personnel by the competent authority mentioned in the previous paragraph, including the items, a certain amount of time, qualifications of the lecturer, testing method, qualification criteria, issuing of qualification certificates, establishment and preservation of data, and other matters to be complied with, shall be determined by the central competent authority.
The professional organizations specified in the first paragraph, the qualification for their application for registration, procedure, required documents, review method, issuing (replacement) of registration certificates, validity period, changes, revocation, extension, regulations of business operation, establishment, preservation and reporting of data, items of training for on-duty personnel, a certain amount of time, and other matters to be complied with shall be determined by the central competent authority.
The authority holders should report the hiring of on-duty personnel to the competent authority of the building location for record within 15 days from the day after the appointment. The same applies when there are changes.
Article 14
(Hazardous Acts)
Ignition in the field, sky lantern flying and similar acts declaring by the authority concerned in public are not allowed to do without the permit。
The authority concerned taking the public safety into consideration can enact regulation for the permit of the acts in preceding paragraph about qualification, procedure, documents, protecting measures, check, abolishment, zone and other necessary requirements.
Article 14-1
The public buildings and the places declared by the authority concerned are not allowed to perform flame show without the permit except other laws are permitted.
The authority concerned can enact regulation for the permit of the acts in preceding paragraph about qualification, procedure, documents, protecting measures, check, abolishment, zone and other necessary requirements.
The firemen inspect the place getting permit should show the certificate or some signs for identification.
Administrator or the people on the spot are not allowed to avoid, interfer with, or refuse and they should offer relative materials with the requirement of fireman.
Article 15
Public hazardous substances and flammable pressurized gases shall be safely handled depending on their containers, loading and handling methods, and shall be stored or disposed with safe methods at where they are manufactured, stored or disposed once they have reached the specified quantity for control.
Scope and classification; establishment standards governing the location, construction and equipment of the place used for the manufacturing, storage or process; and safety control procedures for the storage, process and handling of those public hazardous substances and flammable pressurized gases described in the preceding paragraph herein shall be set forth by the central regulating authorities jointly with the regulating authorities of the public sector: Provided however, that whenever the public sector regulating authorities has already separately set forth safety control regulations for the manufacturing, storage, process or handling of the public hazardous substances and flammable pressurized gases, those regulations shall govern.
The person whose position is related to the place specified in paragraph 1, or the person who operates the domestic LPG retailer (hereinafter referred to as the retailer), the user and his / her employees can state the facts or provide evidence data to the competent authority of the municipality or county (city) directly under the central government, and report the acts in violation of the preceding two paragraphs.
The competent authority of a municipality or county (city) directly under the central government shall keep confidential the identity of the informer referred to in the preceding paragraph.
The director and employer of the third paragraph of the promoter shall not be dismissed, transferred or otherwise disadvantaged because of the issuance of the unit.
The third paragraph that has been verified and verified is punishable by a fine, and the informer is awarded to a certain percentage of the total amount of penalty income.
The competent authority of a municipality or county (city) directly under the central government shall prescribe the eligibility of the informer referred to in the preceding paragraph, the reporting reward percentage drawled on penalty income, the distribution method and other related matters.
Article 15-1
The firm that installs gas-burning water heater and it’s piping shall apply , register and obtain the permission from governments of Municipality, county or city before business. It is forbidden to install gas-burning water heater without employing the mounters having licenses after February 1, 2006.
The regulations regarding the application, modification, recision and abrogation, scope of business, employment of mounters and related matter of management for the firm’s registration described in the preceding paragraph herein will be set forth by the central regulating authority jointly with the regulating authorities of the public sectors.
The standards of gas-burning water heater and it’s piping installation in the first paragraph herein shall be set forth by the central regulating authority.
The gas-burning water heater in the first paragraph herein should install on the external wall of the building or the place where there are openings for air circulation. Otherwise, that water heater should equip with an exhaust pipe for discharging fume out from the building.
Article 15-2
Retailers should have safety technicians to conduct gas inspections and prepare the following data to be regularly reported to the competent authority of the business location:
1.Management data of container storage locations.
2.Container management data.
3.User data.
4.LPG filling certification data of LPG filling station operators.
5.Safety technician management data.
6.User safety inspection data.
7.Proof of public accident liability insurance.
8.Other data announced by the central competent authority.
The method of producing the data mentioned in the previous paragraph, content to be recorded, placement, preservation for years, reporting, and other matters to be complied with shall be determined by the central competent authority.
The safety technicians mentioned in the first paragraph should undergo a certain amount of training by professional organizations registered by the central competent authority, obtain a qualification certificate before they can serve, and should regularly receive refresher training during their tenure.
The professional organizations specified in the previous paragraph, the qualification for their application for registration, procedure, required documents, review method, issuing (replacement) of registration certificates, validity period, changes, revocation, extension, regulations of business operation, establishment, preservation and reporting of data, items of training for safety technicians, a certain amount of time, and other matters to be complied with shall be determined by the central competent authority.
Article 15-3
(Approval of LPG containers)
The manufacturer or importer of a liquefied petroleum gas container (hereinafter referred to as a container) shall apply to the central competent authority for type approval and issue a type approval certificate, and may apply for individual approval.
The container shall be sold after it has been individually qualified according to the preceding paragraph and attached with a qualified mark.
The central competent authority shall determine the qualifications, procedures,documents,issue the approval, validated,changed,revoked,abolished, extended, and qualified to stop the issuance and sale of the target data ,the methods for establishment, preservation and declaration of the container specified in the first paragraph and other matters to be complied with.
The specifications, construction, materials, welding regulations, marks, coating, service life, approved test items, batch identification, sampling quantity, test result determination, specifications and additional methods of qualified marks, handling of nonconformities and other relevant standards of the containers specified in paragraph 1 shall be announced by the central competent authority.
The approval, individual approval, type approval certificate as prescribed in paragraph 1, the issuance of qualification mark as prescribed in paragraph 2, the issuance (replacement) of qualification mark as prescribed in paragraph 3, the suspension, cancellation, annulment and extension of qualification mark may be entrusted to a professional institution registered with the central competent authority.
The fees required for the approval, individual accreditation, issuance of qualified signs, issuance, alteration and extension of the certificate of accreditation of the professional institution signed in the preceding paragraph shall be borne by the applicant, and the amount of the fee items and fees shall be submitted by the institution to the central competent authority for approval.
The qualifications, equipment and personnel, procedures, documents to be prepared, period of validity of the registration certificate, issuance (exchange), revocation, revocation, alteration, extension, construction of data, preservation and declaration, suspension of business and other matters to be complied with shall be determined by the central competent authority.
Article 15-4
(Periodic inspection of LPG containers)
The container shall be inspected regularly. Before the expiration of the inspection period, the retailer shall send the container to the container inspection institution registered by the central competent authority for inspection. After passing the inspection and attaching the qualification mark, the container can continue to be used. After the expiration of the service life, the container shall be replaced. The period, item, method, result judgment, items and additional methods of the qualification mark shall be included and inconsistent The standards for the destruction of containers, valves and other related matters shall be announced by the central competent authority.
The cost of the container inspection agency as determined in the preceding paragraph shall be borne by the retailer, and the items and fees charged by the retailer shall be submitted by the institution for approval by the central competent authority.
The central competent authority shall prescribe the measures for the qualification, instruments, equipment and personnel, procedures, documents to be prepared, validity period of registration certificate, issuance (replacement), cancellation, annulment, change, extension, data establishment, storage and application, stop issuance of qualification marks, business suspension, and other matters to be followed by the container inspection institution specified in the first paragraph.
Article 15-5
The originator of a place for the manufacture, storage, or handling of public dangerous goods and flammable high-pressure gas as specified in Article 15, Paragraph 1, shall submit the location, construction, and equipment diagrams of the place to the competent authority of the location for review. Only after the review is complete may they report to the competent construction authority for commencement of work.
When applying for a use permit for the place specified in the previous paragraph in accordance with the Building Act, the competent construction authority shall inspect its location, construction, and equipment in conjunction with the authority conducting the review in the previous paragraph. Only after they pass the inspection may a use permit be issued.
Before the builder of a storage tank for storing liquid public dangerous goods applies for a use permit as stipulated in the previous paragraph, it should be inspected by a professional organization approved by the central competent authority and a certification document of conformity should be issued.
The storage tank mentioned in the previous paragraph that reaches a certain scale announced by the central competent authority, the authority holder should commission the professional organization in the previous paragraph to conduct regular inspections, keep records, and keep them for at least five years. Storage tanks set up before the announcement takes effect should complete their first regular inspection within five years from the date the announcement takes effect. The competent authority may send personnel for inspection.
The items, methods, qualification standards, frequency of regular inspection, and other matters to be complied with for the inspection of the storage tanks storing liquid public dangerous goods in the previous two paragraphs shall be determined by the central competent authority.
The professional organizations specified in the third paragraph, their qualification for application for approval, procedure, required documents, review method, equipment and tools, issuing (replacement) of approval certificates, validity period, changes, revocation, extension, regulations of business operation, establishment, preservation and reporting of data, and other matters to be complied with shall be determined by the central competent authority.
The storage tanks of liquid public dangerous goods of a certain scale that should be regularly inspected, if the central competent authority for the business in question has regulations for regular inspections, shall be handled according to its regulations.
Article 15-6
The person in charge of a location where the combined manufacture, storage, and handling of public hazardous materials exceeds thirty times the regulated volume should employ a security supervisor and security inspector to carry out the following tasks:
The security supervisor is responsible for formulating a fire prevention plan, which should be submitted to the local regulatory agency by the person in charge for record, and to perform the necessary tasks related to dangerous goods management according to the plan.
The security inspector is responsible for the maintenance of structure and equipment, and conducting self-inspections, etc.
The security supervisor should be from the management or supervision level of the aforementioned location. The supervisor and the security inspector should undergo a certain amount of training from a professional institution registered by the central competent authority and possess a qualification certificate before they can be appointed. During their tenure, they should regularly attend refresher training.
The qualification, procedures, necessary documents, review methods, issuance/renewal of registration certificates, validity period, changes, cancellation, extension, rules for conducting business, data establishment, preservation and reporting, training subjects for security supervisors and inspectors, certain hours, and other matters to be complied with by the professional institution mentioned above, shall be determined by the central competent authority.
The person in charge mentioned in the first paragraph shall report to the local competent authority for record within fifteen days from the day following the appointment of the security supervisor and security inspector; the same applies when changes occur.
The fire manager appointed according to Article 13 who possesses the qualification of the security supervisor specified in the second paragraph may also serve as the security supervisor specified in the first paragraph.
If the fire protection plan formulated in accordance with the first paragraph of Article 13 has been incorporated into the content of the fire prevention plan, the person in charge may be exempted from having the security supervisor formulate a fire prevention plan according to the first paragraph.