Chapter One: General Provisions
Article 1(Purpose and Application)
Fire Services Act (the Act) has been incorporated for preventing fire disaster and providing rescue operation and first aid to maintain public safety, and protect life and property of the people.
Other applicable laws shall govern any things and matters not specifically provided in the Act.
Article 2(Definition of Administrator)
For the purpose of the Act, an “administrator” whenever appears in the Act, is referred to any person who has the right to exercise domination and control of the place in question either as duly conferred by the law or by contract; the managing director shall be the administrator in case of an incorporated body.
Article 3(Regulating Authorities)
The Ministry of the Interior at the central level; the municipal government at the municipal level and the county/city government at the county/city level shall be the fire regulating authorities.
Article 4(Fire Engine, Equipment & Manpower Allocation Standards)
Fire engine, equipment and manpower allocation standards for the municipality, county and city shall be determined by the central regulating authorities.
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)
Fire protection equipment engineer shall design and supervise construction of the fire safety equipment to be provided under the standards of fire safety equipment for each type of places; installation and service of the fire safety equipment shall be provided by fire protection equipment engineer or technician.
Before the number of fire protection equipment engineer or technician reaches that as specified, any and all design, construction supervision, installation and service of fire safety equipment referred in the first paragraph herein may be provided by those professionals, technical engineers or technicians in the related fields for a term to be specified by the central regulating authorities.
Regulations governing qualification and control of fire protection equipment engineer shall be separately enacted.
Before the enactment of those regulations in the previous paragraph, the central regulating authorities may set forth bylaws for the control of fire protection equipment engineers and fire protection 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(Periodical Service of Fire Safety Equipment)
The administrator of any place required to provide fire safety equipment under the first paragraph of Article 6 shall contract a fire protection equipment engineer or a fire protection equipment technician specified in Article 8 to conduct periodical service of the fire safety equipment, and the service results shall be reported within the given time to the local fire department; the fire department shall send its official to review the service results: Provided, however, the administrator of a hi-rise or underground building shall contract a professional fire safety equipment inspection and maintenance institute permitted by the central regulating authority to perform the periodical service of fire safety equipment.
For the periodic service of fire safety equipment in the previous paragraph, the items, methods, standard, deadline, service result reporting deadline, and other matters should be obeyed, shall be issued by the central regulating authority.
For the professional fire safety equipment inspection and maintenance institute regulated in the first paragraph, the requirement to apply for permission, procedure, documents, permissions issuance (reissuance), effective period, repeal, abolishment, practice norms, employment of fire protection engineer (technician), change, training, storage of business and retention schedule documents, report of various forms, and other matters should be obeyed, shall be issued by the central regulating authority.
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(Use of Flameproof Products)
The administrator of any building of eleven floors or taller, underground building, or any place specified by the central regulating authorities shall use only the carpet, curtain, drape, billboard, and other flameproof products attached with a flame-proof label as required.
Any flameproof product specified in the preceding paragraph herein or its materials should not be offered for sales and/or display unless attached with a flameproof label.
The flameproof performance of any product or its materials as referred in those two preceding paragraphs herein shall be verified by the central regulating authorities.
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(Preparation of Fire Protection Plan)
The administrator of any building for public use with a certain scale shall appoint and cause a fire prevention manager to develop a fire protection plan, report the plan to the fire department for approval, and carry out according to the plan any and all activities required in fire management.
In case of shared right of administration of any building of eleven floors or taller, underground building, or any building specified by the central regulating authorities, all the administrators shall agree among themselves to prepare a joint fire protection plan and report the plan to the fire department for approval.
The appointment and changed appointment of the fire prevention manager shall be reported to the municipal, or the county/city fire department.
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 14-1The 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 15The 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 prosecutor 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 prosecutor is awarded to a certain percentage of the total amount of penalty income.
Article 15-1The 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 15-2LPG vendors shall keep the following documents and report to the district fire department for reference.
1. Management documents of LPG Storage place.
2. Cylinder management data.
3. Customer information.
4. LPG repackaging industry filling certification.
5. Management documents of Safety technicians.
6. Customer safety inspection documents.
7. Policy of public liability insurance.
8. All of the specific measures announced by the central competent authority.
LPG vendors shall keep the documents mentioned in the preceding paragraph at least 2 years for verification.
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.
Chapter Three: Rescue Operation
Article 16(Setup of Rescue Command Headquarters)
Each level of fire department shall set up a rescue command headquarters to be in charge of command, mobilization, control and communication for things and matters required for fire fighting and providing first aid.
Article 17(Establishment of Fire Hydrant)
When required by fire control, the municipal, and county/city governments shall join the water supply company to select each proper location for the establishment of a fire hydrant at the cost to be reasonably subsidized by the municipal, county/city governments, and town office while the maintenance of the fire hydrant shall be provided by the water supply company.
Article 18(Establishment of Report Hot Line)
Telecommunication institute shall provide and maintain hot line for reporting any fire disaster as required by fire management.
Article 19Firefighters may enter, use, damage, or damage the people’s land, buildings, vehicles, and other objects without entering, using, damaging, or restricting such use, and cannot reach the purpose of emergency and rescue.
Any civilian sustaining property loss of a particular sacrifice as a result of using or destroying, or restricting the use of any land, building, vehicle and/or any other things pursuant to the preceding paragraph, may claim for loss compensation. However, if such loss is attributed to the civilian, the loss compensation claimed will not be accepted.
Article 20(Fire Line)
The commander of firemen may specify a fire line to the peripheral of the fire site to limit entry of any person and vehicle; and may evacuate or have a mandatory evacuation of any and all persons and vehicles within the area defined by the fire line.
Article 20-1(Right to withdraw from dangerous relief rescue)
Rescue teams on the site should take appropriate rescue after pondering over the rescue goal and risk under the consideration of disaster relief safety; If there is no danger of human life at the site, dangerous relief rescue may not be performed.
Article 21(Use of Water Supply Source)
For the purpose of fire control, the commander of firemen may use any kind of water supply sources available nearby and notify the water supply company to concentrate on supplying water to the fire site.
Article 21-1(When the factory fires, the administrators of the factory shall provide necessary rescue information and assign specially assigned person to the site to assist the fire commander)
When a fire commander size up in factory fire site, the administrators of the factory shall provide help in accordance with the following regulations
1. Providing necessary rescue information and chemical layout including types, quantities of the factory.
2. Assigning specially assigned person to the site to assist the fire commander.
Article 22(Interruption of Power and Gas Sources)
To prevent extension and expansion of fire and as deemed necessarily, the commander of firemen may respectively notify the power company and the gas company to immediately cut of their supplies to the fire site.
Article 23(Control Area)
Upon finding or being notified of any public hazardous material, or pressurized gas that appears to present risks of fire and/or explosion may specify the control area to limit entry of person and vehicle, prescribe mandatory evacuation; and may limit or restrict use of any ignition source.
Article 24(Organization of Rescue Team)
Municipal, county/city fire department shall as applicable establish a rescue team, supplied with vehicles and medical personnel to provide first aid service.
Vehicles, equipment, and manpower allocation standards as well as first aid service procedure shall be set forth jointly by the central regulating authorities and the public sector regulating authorities.
Article 25(Coordination of Rescue Operation)
In case of any Act or God, airplane crash, mining accident, forest fire, car accident and any other major hazard, the municipal, county/city fire departments shall promptly joint the rescue operation and provide first aid service.
Chapter Four: Disaster & Fire Cause Determination
Article 26(Fire Investigation & Examination)
To investigate and determine cause of fire, the municipal, county/city fire department may have their agents to enter into the site in question to survey, collect and preserve evidences; and make inquiries.
Before the completion of the investigation and determination, the site of fire shall be kept integral and may be blocked out when required.
Article 27Municipal, county/city governments may invite representatives from agencies concerned and experts to organize an investigation committee to examine and determine cause of fire; the incorporation procedure for such a committee shall be specified by the municipal, county/city governments.
Article 27-1(Composition of disaster accident investigation committee)
The central authority should invite representatives from agencies and group concerned , experts and firefighters to organize an disaster accident investigation committee (hereinafter referred to as investigation committee) to investigate the causes of duty and volunteer firefighters death or serious injuries caused by disaster rescue.
Investigation committee should make an investigation report on the cause of the accident, raise rescue improvement suggestions and track the implementation of improvement suggestions.
Investigation committee could request that agencies and group concerned, juristic person, group or natural person to provide information or document owing to investigation. When the information or document is occupied by judiciary or the Control Yuan, agencies and group concerned, juristic person, group or natural personshould explain clearly and provide the duplicate. If it makes sense that agencies and group concerned, juristic person, group or natural person are unable to provide the duplicate, thetestimony that the information or document is occupied should be provided.
The composition, committee member qualifications, invitation mode, procedure and others should be followed of the investigation committee specified in the preceding paragraph shall be specified by the central regulating authorities.
Chapter Five: Utilization of Civil Force
Article 28(Organization of Voluntary Fire Fighters)
Municipal, or county/city government may organize a voluntary fire fighters to back up fire control and emergency handling routines; and the central regulating authorities shall set forth bylaws governing the organization procedure, training program, drill and service of the voluntary fire fighters.
Funds required by the organization of the voluntary fire fighters described in the preceding paragraph will be subsidized by the central regulating authorities.
Article 29(Service Allowance)
The voluntary fire fighter in the course of training, drill and service under the Act shall be provided with the accommodation, transportation means or money in lieu as applicable by the municipal, or the county/city government as the case may be. During the service, the voluntary fire fighter shall be paid the allowance by referring to that payable to a national guard called for service.
A public leave shall be granted to any voluntary fire fighter called to receive training, participate in drill and service duties by the institute, agency, school, corporate, group, factory or plant where the voluntary fire fighter holds a job.
Article 30(Payments)
Any voluntary fire fighter becomes ill, disable or dead in the course of training, drill or on duties shall be paid depending on the applicable regulations to his/her status at where he or she holds the regular job, the following requirements shall govern:
1. Ill or injury: a certificate for such ill or injury issued by the fire department shall be produced to a public hospital or a contracted hospital to receive medical care: Provided, however, that medical care may be sought from any hospital in case of emergency.
2. Disability: the disability payment shall be paid in a lump sum depending on the gravity of the injury as follows:
(1) Extremely severe and severe degree: 36 cardinals payable;
(2) Intermediate degree: 18 cardinals payable; or
(3) Mild degree: 8 cardinals.
3. Death in the event: 90 cardinals payable.
4. Disability due to injuries, disabilities and later died: payment to be made up in a lump sum as provided in the preceding subparagraph.
For the purpose of this Article, the amount of one cardinal shall not be less than that of a maximal monthly remuneration of an annual remuneration payable to a public service of the fifth job ranking of commission grade.
The disability assessment service shall be determined pursuant to People with Disabilities Rights Protection Act.
Payments to be made under the first paragraph shall be approval and released by the municipal, or county/city government in care of the fire department concerned.
Article 31(Requisition of Equipment and Personnel for Fire Control)
Fire department when required for fire control and first aid may requisition and utilize fire control, rescue, medical personnel, vehicle, sea vessel, aircraft and equipment from public agencies, public sector and private sector.
Article 32(Reimbursement)
Any entity in requisition under Article 31 may claim with the fire regulating authorities with jurisdiction for the following reimbursements:
1. For the vehicle, sea vessel and air craft requisitioned, the reimbursement will be made pursuant to the standard rates of communications and transportation authorized by the government; in the absence of such standard rates, the local standard rates then prevailing shall be referred for reimbursement by the fire regulating authorities.
2. The fire regulating authorities shall cause any vehicle, sea vessel and/or equipment damaged in requisition to be repaired; if such repair is prevented, a sum determined by the market price after deduction of appreciated value shall be refunded to its owner; and any loss of consumption shall be reimbursed according to the market price.
3. Any person requisitioned for fire control, rescue and providing first aid shall be paid according to the standard remuneration payable by his or her employer or entity where he or she holds the regular job; and any person becomes ill, injured, disabilities or dead, the payment shall be made as provided in Article 30.
The same as provided in the preceding paragraph shall be applicable to any person requested by the fire department to engage in fire control, rescue when sustaining any loss of equipment, becoming ill, injured, disabilities, or dead.
Chapter Six: Penal Clauses
Article 33(Penal Clause)
Any person having damaged or destroyed any fire look-out tower, alarm bell tower, radio tower, closed-circuit TV tower or any related facilities shall be subject to an imprisonment or hard labor for a term not longer than five years, or a penal sum not less than NT$10,000 and not greater than NT$50,000, or both.
The same governs to any attempted offense as described in the preceding paragraph herein.
Article 34(Penal Clause)
Any person having damaged or destroyed any water storage and/or supply equipment or fire control, rescue equipment shall be subject to an imprisonment or hard labor for a term not longer than three years, or a penal sum not less than NT$6,000 and not greater than NT$30,000, or both.
The same governs to any attempted offense as described in the first paragraph herein.
Article 35(Penal Clause)
Any administrator of business place required to provide and maintain fire safety equipment under Para.1, Article 6,or the place required to provide and maintain residential fire alarm under Para.4, Article 6 fails to provide or maintain such equipment and such failure is attributable to any death from a fire disaster at such business place shall be subject to an imprisonment for a term not less than one year and not longer than seven years, or a penal sum not less than NT$1,000,000 not greater than NT$5,000,000, or both; and in case of any serious injury resulted from the fire, to an imprisonment for a term not less than six months and not longer than five years, or a penal sum not less than NT$500,000 and not greater than NT$2,500,000, or both
Article 36(Penal Clause)
Any person found with any of the following events shall be subject to a penal sum not less than NT$3,000 and not greater than NT$15,000:
1. Making false fire, disaster, save life, emergency medical Service alarm call or dialing fire number without justified cause;
2. Refusal to obey the disposition by the fire department made under Para.1 of Article 19, Article 20 or Article 23;
3. Refusal to comply with the requisition as provided by the fire department in Article 31; or
4. Interference in the operation of the equipment listed in Para.1, Article 31 of the Act.
Article 37(Penal Clause)
For any further in making correction within given time as notified for, or found noncompliance in the review with the use of flameproof materials under Para.1, Article 11 or for providing and/or maintaining the residential fire alarm under Para.4, Article 6、the fire safety equipment under Para.1, Article 6; the administrator shall be subject to a penal sum not less than NT$6,000 and not greater than NT$30,000; any further absence of correction, the administrator shall be continuously punished and may be subject to an mandatory suspension of his or her business for a term not longer than thirty calendar days or a disposition to prevent him or her from operating the business place in question.
Any administrator who is avoiding, interfering with, or refusing any inspection and/review under Para.2, Article 6 shall be subject to a penal sum not less than NT$3,000 and not greater than NT$15,000 for the same offense and a mandatory inspection and/or review.
Article 38(Penal Clause)
Any engagement in the design, construction supervision, installation and service of fire safety equipment constituting an offense against Para.1, Article 7 shall be subject to a penal sum not less than NT$30,000 and not greater than NT$150,000 and could be punished for each offense.
Any offense against Para.1, Article 9, the administrator shall be subject to a penal sum not less than NT$10,000 and not greater than NT$50,000, and be noticed for improvement within a specific period of time. In case of any absence of correction, the administrator could be punished for each offense.
Any professional fire safety equipment inspection and maintenance institute permitted by the central regulating authority, fire protection equipment engineer or technician failing to provide the periodical service according to the items, methods, standard, and deadline under Para.2 Article 9, or having made any false representation in a service report of fire safety equipment shall be subject to a penal sum not less than NT$20,000, not greater than NT$100,000, and could be punished for each offense, and may be subject to a suspension of business for a term not less than one month and not longer than one year, or termination of business, when necessary.
Any fire safety equipment inspection and maintenance institute permitted by the central regulating authority failing to obey the practice norms, employment of fire protection equipment engineer or technician, changes, training, storage of business documents, retention schedule, report of various forms, shall be subject to a penal sum of not less than NT $30,000, not greater than NT $150,000, and be noticed for improvement within a specific period of time. In case of any absence of correction, the fire safety equipment inspection and maintenance institute could be punished for each offense, and suspense business no more than 30 days, or permission revoked.
Article 39(Penal Clause)
Any offense against Para.2, Article 11 or Para.1, Article 12 on sales or installment for use, the person making such sales or installment shall be subject to a penal sum not less than NT$20,000 and not greater than NT$100,000; and any refusal to make correction as advised, the person who makes the display shall be subject to a penal sum not less than NT$10,000 and not greater than NT$50,000.
Article 40(Penal Clause)
In case of any absence of correction within the specified time as notified under Article 13, the administrator shall be subject to a penal sum not less than NT$10,000 and not greater than NT$50,000, and shall be continuously punished for the same offense and shall be subject to a suspension of business for a term not longer than thirty calendar days, or a disposition of preventing from use of such place.
Article 41(Penal Clause)
Any offense against Para.1 or 2, Article 14 about protecting measures, zone and other necessary requirements shall be subject to a penal sum greater than NT$3,000.
Article 41-1Any offense against Para.1 or 2, Article 14-1 about protecting measures, check, abolishment, zone and other necessary requirements shall be subject to a penal sum less than NT$30,000 and not greater than NT$150,000 and shall be continuously punished for each violation.
Any Administrator or the people on the spot who is avoiding, interfering with, or refusing any inspection under Para.3, Article 14-1 shall be subject to a penal sum not less than NT$10,000 and not greater than NT$50,000 for the same offense and a mandatory inspection and command that offer relative materials.
Article 42(Penal Clause)
For any noncompliance of the location, structure and equipment with the standards set forth for the place used for manufacturing, storage or disposition; or any noncompliance with safety control regulations in the storage, disposition or handling of public hazardous substances and flammable pressurized gases as specified in Article 15, its administrator or the operator shall be subject to a penal sum not less than NT$20,000 and not greater than NT$100,000; any further failure in making correction shall be subject to continuous penal sum for the same offense, and shall be subject to a suspension of business for a term not longer than thirty calendar days, or a disposition of preventing from use of such place.
Article 42-1In case of violation of Article 15-1 as bellow, the administrator or the mounter carrying on business shall be subject to a penal sum not less than NT$10,000 and not greater than NT$50,000, and the authority are entitled to force the firm to improve within given time, any absence of correction, the administrator or the mounter shall be continuously punished and may be subject to an mandatory suspension of his or her business.
1. To install gas-burning water heater and it’s piping without employing the mounter who has a license after February 1, 2006;
2. Anyone installing gas-burning water heater and it’s piping offense against Para.3, Article 15-1;or
3. Any mounter installing gas-burning water heater and it’s piping offense against the empower range of the license in Para.2, Article 15-1.
Article 42-2(Penal Clause)
Retailers, professional institutions, container manufacturers, importers or container inspection institutions who have one of the following circumstances shall be sentenced to a price of not less than NT$20,000 but not more than NT$100,000, and notice the time limit improvement, the period has not improved, the penalty may be imposed on each time:
1. The container manufacturer or importer violates the provisions of Article 15-3, paragraph 2, the container without individual approval or without a qualified label to sell.
2. The container manufacturer or importer violates the provisions of Article 15-3, paragraph 3,concerning the establishment, storage and declaration of the sales target data.
3. Professional institutions violate the provisions of Article 15-3, paragraph 7, concerning the establishment, storage and declaration of instruments, equipment, personnel and data.
4. In violation of Article 15-4, paragraph 1, the retailer fails to deliver the container to the inspection institution for regular inspection before the expiration of the inspection period, or the container is still in use after the expiration of its service life.
5. The container inspection institution violates the provisions of article 15-4, paragraph 3, concerning the establishment, storage and declaration of instruments, equipment, personnel and data.
If there is a violation of the first paragraph of the preceding paragraph, their containers and have to be confiscated and destroyed.
Article 43(Penal Clause)
Any one refuses to comply with the survey, inquiry, collection, perseverance or compromises the integrity of the fire site under Article 26 shall be subject to a penal sum not less than NT$3,000 and not greater than NT$15,000.
Article 43-1(Penal Clause)
In case of violation of Subsection1 1, Article 21-1: the administrators of the factory didn’t provide necessary rescue information and chemical layout including types, quantities of the factory or provide false rescue information, the administrator shall be subject to a penal sum not less than NT$30,000 and not greater than NT$600,000.
In case of violation of Subsection1 2, Article 21-1: the administrators of the factory didn’t assign specially assigned person to the site to assist the fire commander, the administrator shall be subject to a penal sum not less than NT$500,000 and not greater than NT$1,500,000.
Article 44(Penal Clause)
In addition to being punished by the Act for any offense subject to the Act, any alleged crime shall be transferred to the judicial institute for action.
Article 45(Penal Clause)
Any delay in making payment of any fine prescribed under the Act shall be transferred by the regulating authorities to the court for injunction.
Chapter Seven: Bylaws
Article 46(Bylaws)
Enforcement Rules of the Act shall be regulated by the central regulating authorities and published upon the approval of the Executive Yuan.
Article 47(Effective Date)
The Act shall become effective on and after the date it is published.