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Enforcement Rules of Fire Services Act

  • PostDate:2015-06-29 00:00
 

Article   1 These Enforcement Rules have been incorporated
             pursuant to Article 46 of Fire Services Act (the Act).
Article   2 The fire regulating authorities referred in Article 3
             of the Act shall refer to National Fire Administration
             if the transactions fall within the scope of MOI; or
             FireDepartment, within municipal, or county/city
             government.
             County/city police department shall undertake the
             transactions before the establishment of a fire
             department by the county/city government.
Article   3 Municipal, county/city government shall develop an
             annual plan to undertake fire education and
             propaganda from time to time.
Article   4          (deletion)
Article   5          (deletion)
Article   5-1 The content of design, construction supervision,
             installation and service of fire safety equipment
             that referred in the first paragraph of Article 7
             of the Act as follows:

 


             1.Design: It refers to the planning of which type 
               to use and the quantity of fire safety equipment 
               and the producing of fire safety drawings.

             2.Construction Supervision: It refers to the 
               verification of what shall be tested or examined
               during fire safety equipment construction.

             3.Installation: It refers to the function test after
               fire safety equipment construction and the
               producing of fire safety equipment testing report.

             4.Service: It refers to being contracted to examine
               fire safety equipment and producing fire safety
               equipment examination report of a variety of
               places according to the first paragraph of Article
               9 of the Act.

Article   6 As provided in Article 9 of the Act, the 
             administrator
             shall conduct periodical inspection and service of
             fire safety equipment as follows:
             1. Appearance inspection: to check for damage, and
             proper allocation through visual inspection of the
             appearance.
             2. Performance inspection: to check for normal
             performance through operation

             3. General inspection: to check for the mechanical
             capability through the use or operation of the fire
             safety equipment as a whole.
             For the Class A places regulated in Standard for
             Installation of Fire Safety Equipments Based on Use
             and Occupancy, the inspections mentioned in the
             previous sub-article should be done once every six
             months, and for the places other than Class A, the
             inspections should be done once every year.
             Service item, service criteria and term for
             declaration of service results shall be specified by
             the central fire regulating authorities.
Article   7 Any application for flameproof certificate pursuant to
             Para.3, Article 11 of the Act shall be submitted in
             writing together with test sample or related documents
             and examination fee to file with the central
             regulating authorities and the label of flameproof can
             be used by the applicant upon the approval of the
             examination.
             The central regulating authorities may contract
             appropriate institutes, laboratories, and groups for
             their assistance in carry out the technical works of
             the examination specified in the preceding paragraph.
             Receipt and payment of the examination referred in the
             first paragraph herein shall be carried out pursuant
             to then existing budget procedure and the rates of the
             examination fee shall be determined by the central
             regulating authorities.
             The central regulating authorities shall separately
             set forth the operation procedure for the
             certification of flameproof performance, approval and
             release of flameproof label and flameproof performance
             test criteria.
Article   8        (deletion)
Article   9        (deletion)
Article  10        (deletion)
Article  11        (deletion)
Article  12        (deletion)
Article  13 The scope of the building for public use with a
             certain scale as referred in Article 13.1 of the Act
             includes:
             1. Any place a movie is played (theater, cinema
               house), show place, dancing hall, night club, club,
               bowling house, and Sauna house;
             2. Any barbershop (tourism barbershop and AV
                barbershop), massage place, MTV and other place
                that plays video taped programs, AV place (KTV),
                bar and pub with or without waitress;
             3. Any tourism hotel, hotel, motel;
             4. Any department store, supermarket, mall and
                entertainment place having a total floorage not
                less than 500 sq.mt.;
             5. Any restaurant having a total floorage not less
                than 300 sq.mt.;
             6. Any hospital, sanitarium, and the aged nursing
                home;
             7. Any academic institute, and any training school,
                cram school having a total floorage not less than
                200 sq.mt.;
             8. Any industrial facilities or institute employing
                not less 30 people and having a total floorage not
                less than 500 sq.mt.; and
             9. Any other public place designated by the central
                regulating authorities.
Article  14 The fire prevent manager in Article 13 of the Act 
              shall be a staff from the management or the
              supervision level and who has been trained and
              issued a qualification certificate issued by
              municipal, county/city fire department or a 
              professional training institute approved by the 
              central regulating authorities.
             The training referred in the first paragraph are
             first-training and continual-training
             respectively.Fire prevent managers shall take
             continual-training at least once every three years
             after qualification of first-training. 
             In the training referred in the first paragraph, the
             length of first-training shall not be less than
             twelve hours and the length of continual-training
             shall not be less than six hours.
Article  15 The fire protection plan referred in Article 13 of the
             Act shall include but not limited to the following
             details:
             1. Self-defense fire organization: A fire fighting
                squad; a notification squad and an evacuation
                leading squad shall be organized in case of not
                less than ten (10) persons are employed; and an
                additional safety protection squad and a first aid
                squad shall be organized, not less than fifty (50)
                persons;
             2. Voluntary inspection of fire escape facilities:
                shall be done at least once each month, and any
                flaw found during the inspection shall be reported
                to the Administrator to take action for immediate
                correction;
             3. Administration and maintenance of fire safety
                equipment;
             4. Fire fighting operation, report and notification,
                and evacuation leading in case of fire and any
                other hazard;
             5. Drill of fire fighting, communication and
                evacuation leading: shall be carried out at least
                once half a year, with each session not less than
                four (4) hours and a prior notice of the drill
                shall be served to the local fire department;
             6. Education and training of fire prevention and
                emergent response;
             7. Monitor and control of Fire and electricity
                consumption;
             8. Arson prevention action;
             9. Map of the place, escape route map and layout; and
            10. Any other action required in fire prevention and
                emergent response action.
            In case of improvement, retrofit, repair and interior
            decoration work to the building, a fire protection
            planshall beseparately developed to monitor the works
            of the contractor involving consumption of power and/or
            fire.
Article  16 If a joint fire prevention plan shall be produced as
             provided in Para.2 of Article 13 of the Act, a
             promoter shall be elected among the administrators to
             negotiate for the production of the joint fire
             prevention plan and the agreement shall be documented
             in the plan. Items to be included in the plan shall be
             separately set forth by the central regulating
             authorities.
             In the failure to elect such a promoter among the
             administrators, the administrators may request the
             municipal, county/city fire department to appoint one.
Article  17 Any fire ignition in the wild land and/or mountain
              shall be limited to the purpose of land development,
             land preparation and/or extermination of hazardous

             insects.
             If the fire ignition referred in the preceding
             paragraph herein presents risk of fire extension or is
             made within a forest or a forest conservation area, a
             fire ignition shall be filed no later than five (5)
             days before the planned ignition with the local fire
             department.Upon the approval, a 3m wide fire security
             belt shall be erected in the peripheral of the
             ignition point, where proper fire control equipment
             shall be made available; and the date, time and place
             of ignition shall be separately notified to all owners
             or managers of the properties abutted to the fire
             ignition point. The forestry regulating authorities
             shall be notified if the ignition point is located in
             a forest or a forest conservation area.
             The ignition referred in the preceding paragraph shall
             be made at a time between six a.m. and six p.m. The
             ignition shall be attended and the attendant shall be
             permitted to leave the site only after having
             made
 sure that the fire has been extinguished.
Article  18        (deletion)
Article  19-1 The term " reporting to the district fire department
                regularly" referred to in Para.1 of Article 15-2 of
                the Act shall refer to reporting to the district
                fire department in each April and October.
Article 19-The safety technicians, as stated in Subparagraph 5,
                Paragraph 1, Article 15-2 of this Act, shall
                receive qualification through training seminars
                held by the special municipal or county/city fire
                departments or by professional institutions
                recognized by the Central Fire Administration
                before they are eligible.
                The training time of the seminars mentioned in the
                previous paragraph shall not be less than 16 hours.
                Safety technicians shall receive a refresher
                training every other year, and each
                refresher
 training time shall not be less than 8
                hours.
Article 19-3 The customer safety inspection documents, as stated
              in Subparagraph 6, Paragraph 1, Article 15-2 of this
              Act, include address of user, test items, and
Article  20 The fire hydrant established pursuant to Article 17 of
              the Act shall be of the ground dividing breeching
              type unless otherwise specified. The location of the
              hydrant shall be clearly marked and the specification
              of the hydrant shall be set forth by the
              central regulating authorities.
              The local water supply company shall maintain and
              protect the fire hydrant pursuant to Article 17 of
              the Act. The municipal, county/city fire department
              shall join the local water supply company to
              periodically carry out a comprehensive test of the
              performance of the hydrant to keep it in usable
              condition.
Article  21  A reservoir and other fire water sources shall be
              erected or repaired as applicable by the municipal,
              county/city government in the area within its
              jurisdiction where tap water is not supplied or in
              shortage of hydrant; and such reservoir or fire water
              sources shall be put under control by the local fire
              department.
Article  22  Civil utilities including power, gas and water
              supplies within the jurisdiction of a municipal,
              county/city government shall designate a unit
              authorized to promptly collect water supply or
              cut off the power supply and/or gas supply as
              applicable when notified by the commander of the fire
              department pursuant to Article 21 and 22 of the Act.
Article  23 Once the fire line is defined by the fire commander,
              municipal, county/city fire department under Articles
             20 and 23 of the Act, local police station or precinct
             may be notified to coordinate in maintaining the fire
             line.
Article  24 Any claim for damages under Article 32 of the Act
             shall be made in writing and filed with the local
             regulating authorities.
             The fire regulating authorities upon receiving the
             claim shall promptly negotiate with the claimant for
             settlement, which shall be made in a written
             agreement.
Article  25 The municipal, county/city fire department upon
              completing the investigation and determination of the
             cause of the fire pursuant to Para.1 of Article 26 of
             the Act shall immediately present a written report to
             the local police department to follow up as
          
  provided     by the law.
             To investigate and determine the cause of fires, the
             municipal, county/city government may request the
             coordination from the local police authorities.
             The fire investigation report referred in the first
             paragraph herein shall be produced within fifteen (15)
             days upon the fire incident and may be extended for
             another fifteen (15) days if required.
Article  26 Prosecutors office, police or fire authorities may
              blockade the site of the fire and lift the blockade
              upon completing the fire investigation and
              determination.
              The site of fire shall be kept integral before the
              completion of the fire investigation and
              determination. No one is permitted to enter into the
              site or make any change of the site unless authorized
              by those who are in charge of the investigation and
              determination. In case of emergency or the entry is
              absolutely required, such entry shall be always
              accompanied by the investigation and determination
              personnel, and shall be documented in the fire
              investigation report.
Article  27 Any victim or anyone having interest in or to the fire
             disaster may apply for the issuance of a fire
             certificate with the municipal, county/city fire
             department.
             The certificate referred in the preceding paragraph
             herein shall be limited to the certification of the
             time and place of the fire has taken place.
Article  28 Fire department of each level may sponsor training and
             drill for the fire control, rescue and first aid
             personnel, vehicles, sea vessels, aircrafts, and
             equipment from the government agencies, public sector
             and private sector to cope with the needs of rescue
             and first aid.
Article  29 Formats of various forms specified by the Act and the
              Rules shall be defined by the central fire regulating
             authorities.
Article  30 The Rules shall become effective on and after the date
             it is published.