Fire Service Act

Published by
INTERNATIONAL FIRE SERVICEINFORMATION CENTER

FIRE SERVICE ACT(Act No. 186, July 24, 1948)
Amendments(1)
Act No. 193, June 4, 1949
(2)
Act No. 186, May 17, 1950
(3)
Act No. 201, May 24, 1950
(4)
Act No. 258, July 31, 1952
(5)
Act No. 293, Aug. 1, 1952
(6)
Act No. 163, June 8, 1954
(7)
Act No. 107, May 21, 1956
(8)
Act No. 141, June 11, 1956
(9)
Act No. 86, Apr. 1, 1959
(10) Act No. 156, Apr. 24, 1959
(11) Act No. 113, June 30, 1960
(12) Act No. 117, July 2, 1960
(13) Act No. 145, June 17, 1961
(14) Act No. 140, May 16, 1962(15) Act No. 161, Sep. 15, 1962(16) Act No. 88, Apr. 15, 1963(17) Act No. 90, Apr. 15, 1963(18) Act No. 65, May 15, 1965(19) Act No. 80, July 25, 1967(20) Act No. 95, June 10, 1968(21) Act No. 111, June 1, 1970(22) Act No. 97, June 1, 1971(23) Act No. 98, June 2, 1971(24) Act No. 130, Dec. 31, 1971(25) Act No. 94, June 23, 1972(26) Act No. 64, June 1, 1974(27) Act No. 84, Dec. 17, 1975(28) Act No. 37, May 29, 1976(29) Act No. 73, June 15, 1978(30) Act No. 66, July 16, 1982(31) Act No. 69, July 23, 1982(32) Act No. 44, May 20, 1983

(33)
(34)
(35)
(36)
(37)
(38)
(39)
(40)
(41)
(42)
(43)
(44)
(45)
(46)
(47)
(48)
(49)
(50)
(51)
(52)
(53)
(54)
(55)
(56)
(57)
(58)
(59)
(60)
(61)
(62)
(63)

Act No. 83, Dec. 10, 1983
Act No. 102, Dec. 24, 1985
Act No. 20, Apr. 15, 1986
Act No. 109, Dec. 26, 1986
Act No. 55, May 24, 1988
Act No. 89, Nov. 12, 1993
Act No. 37, June 22, 1994
Act No. 100, June 12, 1998
Act No. 101, June 12, 1998
Act No. 87, July 16, 1999
Act No. 160, Dec. 22, 1999
Act No. 163, Dec. 22, 1999
Act No. 98, July 4, 2001
Act No. 30, Apr. 26, 2002
Act No. 84, June 18, 2003
Act No. 65, June 2, 2004
Act No. 84, June 9, 2004
Act No. 21, Mar. 31, 2005
Act No. 87, July 26, 2005
Act No. 22, Mar. 31, 2006
Act No. 50, June 2, 2006
Act No. 53, June 7, 2006
Act No. 64, June 14, 2006
Act No. 93, June 22, 2007
Act No. 41, May 28, 2008
Act No. 34, May 1, 2009
Act No. 74, June 24, 2011
Act No. 38, June 27, 2012
Act No. 44, June 14, 2013
Act No. 54, June 4, 2014
Act No. 69, June 13, 2014

CONTENTS

CHAPTER 1

GENERAL PROVISIONS (Articles 1 and 2) .........................................................1

CHAPTER 2

PREVENTION OF FIRE (Articles 3 ~ 9‐4) .............................................................1

CHAPTER 3

HAZARDOUS MATERIALS (Articles 10 ~ 16‐9) ...............................................12

CHAPTER 3‐2 HAZARDOUS MATERIALS SAFETY TECNIQUES ASSOCIATION(Articles 16‐10 ~ 16‐49) ...........................................................................................29
Section 1 General Provisions (Articles 16‐10 ~ 16‐15) ........................................................ 29
Section 2

Establishment (Articles 16‐16 ~ 16‐21) ................................................................ 30

Section 3

Management (Articles 16‐22~ 16‐33) ................................................................... 31

Section 4

Operations (Articles 16‐34 ~ 16‐39)...................................................................... 33

Section 5

Finance and Accounting (Articles 16‐40 ~ 16‐46) .............................................. 34

Section 6

Supervision (Articles 16‐47 ~ 16‐48) .................................................................... 35

Section 7

Dissolution (Articles 16‐49) .................................................................................. 35

CHAPTER 4

FIRE DEFENSE EQUIPMENT , ETC. (Articles 17 ~ 21) ....................................36

CHAPTER 4‐2 INSPECTION, ETC. OF A MACHINE, APPLIANCE, ETC. USEDFOR FIRE DEFENSE (Articles 21‐2 ~ 21‐16‐7) ....................................................44
Section 1 Inspection of a Machine, Appliance, etc. Subject to Inspection(Articles 21‐2 ~ 21‐16) ............................................................................................ 44
Section 2

Indication, etc. of a Machine, Appliance, etc. Subject to Voluntary
Indication (Articles 21‐16‐2 ~ 21‐16‐7)................................................................. 49

CHAPTER 4‐3 JAPAN FIRE EQUIPMENT INSPECTION INSTITUTE, ETC.
(Articles 21‐17 ~ 21‐57) ...........................................................................................51
Section 1 Japan Fire Equipment Inspection Institute (Articles 21‐17 ~ 21‐44)................ 51
Sub‐Section 1

General Provisions (Articles 21‐17 ~ 21‐23) ....................................... 51

Sub‐Section 2

Officers (Articles 21‐24 ~ 21‐35) ........................................................... 52

Sub‐Section 3

Operations (Articles 21‐36 ~ 21‐37) ..................................................... 53

Sub‐Section 4

Finance and Accounting (Articles 21‐38 ~ 21‐41) .............................. 54

Sub‐Section 5

Supervision (Articles 21‐42 ~ 21‐43).................................................... 55

Sub‐Section 6

Miscellaneous Provisions (Articles 21‐44) ......................................... 55

Section 2

Registered Inspection Body (Articles 21‐45 ~ 21‐57) ......................................... 55

CHAPTER 5

GUARDING AGAINST FIRE (Articles 22 ~ 23‐2) ..............................................60

CHAPTER 6

FIRE EXTINGUISHING ACTIVITIES (Articles 24 ~ 30‐2) ................................60

CHAPTER 7INVESTIGATION OF FIRE (Articles 31 ~ 35‐4) .................................................62

CHAPTER 7‐2 AMBULANCE SERVICE (Articles 35‐5 ~ 35‐12) ................................................64
CHAPTER 8MISCELLANEOUS PROVISIONS (Articles 35‐13 ~ 37)....................................66

CHAPTER 9

PENAL PROVISIONS (Articles 38 ~ 46‐5) ..........................................................70

APPENDED TABLE 1 .........................................................................................................................77
APPENDED TABLE 2 .........................................................................................................................80
APPENDED TABLE 3 .........................................................................................................................80

Fire Service Act (Article 1~3)

CHAPTER 1 GENERAL PROVISIONS(Purpose)
Article 1
The purpose of this Act is to maintain peace and order and promote public welfare
by preventing, guarding against and controlling fire, protecting people’s lives, persons andproperty from fire and minimizing the damage caused by fire, earthquakes or other disasters.
(Definition of Terms)
Article 2
In this Act, the meanings of the terms listed in the following paragraphs shall be
as prescribed respectively in these paragraphs.
(2) The term “property under fire prevention measures” shall mean a forest, vessel or vehicle,
ship moored at a dock or pier, building or any other structure or property belonging thereto.
(3) The term “property under fire defense measures” shall mean a forest, vessel or vehicle, ship
moored at a dock or pier, building or any other structure or object.
(4) The term “person concerned” shall mean an owner, manager or possessor of a property un‐
der fire prevention measures or property under fire defense measures.
(5) The term “place concerned” shall mean a place where a property under fire prevention
measures or property under fire defense measures is located.
(6) The term “vessel or vehicle” shall mean a ship, cutter, barge, tug boat or any other vessel towhich the provision of Article 2, paragraph (1) shall not apply or a vehicle.
(7) The term “hazardous materials” shall mean those materials listed in the Name of Item col‐umn of Appended Table 1 that have a property listed in the Property column of the said ta‐
ble in accordance with the category specified in the said table.
(8) The term “firefighting team” shall mean a unit of firefighters or fire corps volunteers
equipped with firefighting appliances or a prefectural aviation firefighting team prescribedin the provisions of Article 30 paragraph (3) of the Fire Defense Organization Act (Act No.
226 of 1947).
(9) The term “ambulance service” shall mean the service of transporting (including the applica‐tion of first aid treatment as necessary in an emergency until such time that an injured orsick person(s) is placed under a doctor’s care) a person(s) to a medical institution (meaning a
medical institution specified by an ordinance of the Ministry of Health, Labour and Welfare;the same shall apply in Chapter 7‐2) or another place by an ambulance team among thosepeople who are sick or have suffered an injury in an accident caused by a disaster or an ac‐
cident which occurred outdoors or at a place with public access (hereinafter referred to as“an accident due to a disaster, etc.” in this paragraph) or in an accident equivalent to an acci‐
dent due to a disaster, etc. or for another reason prescribed by a cabinet order in a case pre‐scribed by a cabinet order and who needs to be urgently transported to a medical institution.

CHAPTER 2 PREVENTION OF FIRE
(Order to Remove Outdoor Obstacles to Fire Prevention or Firefighting)
Article 3
The fire chief (the mayor of municipality where there is no fire defense head‐quarters; the same shall apply hereinafter except in Chapter VI and Article 35‐3‐2), fire sta‐tion chief or other fire defense personnel may order those persons whose outdoor activities
are considered hazardous from the viewpoint of fire prevention or the title‐holding owner,
manager or possessor of an object which is found to be hazardous from the viewpoint of fire
prevention or an object which is found to likely obstruct fire extinguishing activities, evacua‐tion and other fire defense activities to take the following necessary measures.
(i)
Prohibition, suspension or restriction of playing with fire, smoking, making a bonfire,1

Fire Service Act (Article 3~4)
use of equipment or appliances using fire (limited to objects) or equipment or applianc‐es (limited to objects) of which the use may cause a fire or similar activities or prepara‐tions for extinguishing fire when any of these activities is planned;(ii)
Proper treatment of embers, hot ashes or fire sparks;(iii)
Removal or other disposition of hazardous materials or other combustible materials left
unattended or retained without proper care; and(iv)
Clearance or removal of objects (except the objects in the preceding item) left unattend‐
ed or retained without proper care.
(2) When the fire chief or fire station chief cannot give the order to implement the necessary
measures pursuant to the provisions of the preceding paragraph to the title‐holding owner,
manager or possessor of an object which is found to be detrimental to fire prevention or ob‐
structive to fire extinguishing activities, evacuation and other fire defense activities because
he/she cannot establish the identity of such person, he/she may allow the fire defense per‐sonnel [fire corps volunteers in a municipality where there is no fire defense headquarters;
the same shall apply in paragraph (4) (including its application mutatis mutandis pursuant to
the provisions of Article 5 paragraph (2) and Article 5‐3 paragraph (5)) and item (iii) anditem (iv) of the preceding paragraph] concerned implement the necessary measure pre‐scribed in item (iii) or (iv) of the preceding paragraph at the expense of such person. In thiscase, when fire defense personnel remove the objects, the fire chief or fire station chief shallstore the said objects.
(3) The provisions of Article 64 paragraph (3) through (6) of the Basic Act on Disaster Control
Measures (Act No. 223 of 1961) shall apply mutatis mutandis when the fire chief or fire station
chief stores objects pursuant to the provisions of the preceding paragraph. In this case, thewords “mayor of municipality” and “structures, etc.” shall be deemed to be replaced by“fire chief or fire station chief” or “objects” respectively, and the phrase “the municipality
which is under the control and jurisdiction of the said mayor of municipality” shall bedeemed to be replaced by “the municipality to which the said fire chief or fire station chief
belongs”.
(4) In the case where an order to implement necessary measures pursuant to the provisions ofparagraph (1) is issued by the fire chief or fire station chief, if the person receiving the saidorder fails to implement the said measures, insufficiently implements the said measures orcannot possibly complete the said measures within the time limit specified for completion
despite the said person implementing the said measures, the fire chief or fire station chief
may allow the said fire defense personnel or a third party to implement the said measures asprovided for in the Act on Substitute Execution by Administration (Act No. 43 of 1948).
(Order to Submit Information, Request for a Report and On-Site Inspection by Fire defense
personnel)
Article 4
When it is necessary for fire prevention, the fire chief or fire station chief mayorder the person concerned to submit information or request him/her to make a report, al‐
low fire defense personnel [personnel engaged in the fire service of a municipality or full‐time fire corps volunteers in a municipality where there is no fire defense headquarters; thesame shall apply hereinafter except in Article 5‐3 paragraph (2)] to enter any place of work,
factory, place with public access or any other place concerned and inspect the location, struc‐ture, equipment and condition of management of the property under fire defense measuresor to question the person concerned; provided, however, they shall not enter a private dwell‐ing without the consent of the person concerned or in the case where there is an especially
urgent need to do so because of a great risk that a fire may break out.
(2) On entering the place concerned pursuant to the provisions of paragraph (1), fire defense
personnel shall carry an identification card prescribed by the mayor of municipality and2Fire Service Act (Article 4~5‐2)
show it to the person concerned when requested to do so.
(3) On entering the place concerned pursuant to the provisions of paragraph (1), fire defense
personnel shall not interfere with the business of the person concerned.
(4) Fire defense personnel shall not unnecessarily disclose to others any secrets of the person
concerned which they may come to know by inspecting or questioning after entry to theplace concerned pursuant to the provisions of paragraph (1).
(On-Site Inspection by Fire Corps Volunteers)
Article 4‐2
When there is a special need for fire prevention, the fire chief or fire station chief
may designate the property under fire defense measures and the date or duration of inspec‐tion and allow fire corps volunteers (in the case of a municipality where there is no fire de‐fense headquarters, limited to non‐full‐time fire corps volunteers only) under his/her juris‐
diction to enter, inspect and question as prescribed in paragraph (1) of the preceding article.
(2) The provisions of the proviso of the preceding article and paragraph (1) and paragraph (2)through 6 of the said article shall apply mutatis mutandis to the preceding paragraph.
(Order to Implement Fire Prevention Measures for Property under Fire Prevention Measures)
Article 5
When it is considered dangerous from the viewpoint of fire prevention, hin‐drance to fire service activities, including fire extinguishing and evacuation, danger to life in
the event of a fire with regard to the location, structure, equipment or state of managementof a property under fire prevention measures or necessary for fire prevention, the fire chiefor fire station chief may order the title‐holding person concerned (the person concerned andthe contractor or site manager in the case in the case where an especially urgent need is rec‐ognized) to alter, relocate or remove or prohibit the said property under fire prevention
measures or to suspend or discontinue the work for the said property or take other neces‐sary measures; provided, however, this shall not apply to buildings or other structures ofwhich the construction, extension, reconstruction or relocation is permitted or approved un‐
der other laws or regulations and no change has since occurred in the circumstances.
(2) The provisions of Article 3 paragraph (4) shall apply mutatis mutandis when the implementa‐tion of necessary measures is ordered pursuant to the provisions of the preceding para‐graph.
(3) When the fire chief or fire station chief issues an order pursuant to the provisions of para‐graph (1), he/she shall publicly announce it by installing a signpost or other means pre‐scribed by an ordinance of the Ministry of Internal Affairs and Communications.
(4) The signpost prescribed in the preceding paragraph may be installed to the property underfire prevention measures concerning the order issued pursuant to the provisions of para‐graph (1) or at the place where the said property under fire prevention measures is located.
In this case, the owner, manager or possessor of the said property under fire prevention
measures or the place where the said property under fire prevention measures is locatedshall not refuse nor obstruct the installation of the said signpost.
(Order to Prohibit, Suspend or Restrict the Use of Property under Fire Prevention Measures)
Article 5‐2
When the location, structure, equipment or state of management of a property
under fire prevention measures falls under one of the following items, the fire chief or firestation chief may issue an order to the title‐holding person concerned to prohibit, suspend or
restrict the use of the said property under fire prevention measures.
(i)
In the case where it is recognised that the necessary measures are not implemented or
not sufficiently implemented despite an order to implement such measures being is‐sued pursuant to the provisions of paragraph (1) of the preceding paragraph, para‐graph (1) of the following paragraph, Article 8 paragraph (3) or paragraph (4), Article 8‐3

Fire Service Act (Article 5‐2~5‐3)
2 paragraph (5) or paragraph (6), Article 8‐2‐5 paragraph (3) or Article 17‐4 paragraph(1) or paragraph (2) or that there is a danger from the viewpoint of fire prevention due
to the impossibility of the said measures being completed within the time limit when
there is a time limit for the implementation of the necessary measures, that fire extin‐
guishing, evacuation or other fire service activities are believed to be obstructed or that
there is a danger to life if a fire breaks out.
(ii)
In the case where it is recognised that the danger from the viewpoint of fire prevention,
fire extinguishing, evacuation or other fire service activities or danger to life if a fire
breaks out cannot be removed by an order issued pursuant to the provisions of para‐graph (1) of the preceding article, paragraph (1) of the following article, Article 8 para‐graph (3) or paragraph (4), Article 8‐2 paragraph (5) or paragraph (6), Article 8‐2‐5 par‐agraph (3) or Article 17‐4 paragraph (1) or paragraph (2).
(2) The provisions of paragraph (3) and paragraph (4) of the preceding article shall apply muta‐
tis mutandis to the order issued pursuant to the provision of the preceding paragraph.
(Order to Implement Measures for Fire Prevention at Property under Fire Prevention
Measures or Removal of Obstacles to Fire Activities by Fire Defense Personnel)
Article 5‐3
The fire chief, fire station chief and other fire defense personnel may issue anorder to implement the necessary measures prescribed in each item of Article 3 paragraph(1) to a person acting dangerously from the viewpoint of fire prevention at a property underfire prevention measures or the title‐holding owner, manager or possessor of an object
which is considered dangerous for fire prevention or an object considered a hindrance to fireservice activities, including fire extinguishing and evacuation (the owner, manager or pos‐sessor of the said object in question or the person concerned with the property under fire
prevention measures in question in the case where there is an especially urgent need; thesame shall apply in the following paragraph).
(2) When the fire chief or fire station chief cannot given an order to implement the necessary
measures pursuant to the provisions of the preceding paragraph to the title‐holding owner,
manager or possessor of an object which is considered detrimental to fire prevention or ob‐
structive to fire extinguishing, evacuation and other fire service activities because he/shecannot establish the identity of the person concerned, he/she may allow the fire defense per‐sonnel concerned to implement the measures prescribed in Article 3 paragraph (1), item (iii)or item (iv) for the said object at the expense of the said person. In this case, a certain time
limit shall be set and it must be publicly announced in advance that the said fire defense
personnel shall implement the said measures if the said measures have not been implement‐
ed by the set time limit; provided, however, this requirement for public announcement shallnot apply when there is an urgent need for the implementation of the said measures.
(3) When the fire chief or fire station chief has implemented the measure of removing objects
pursuant to the provisions of the preceding paragraph, he/she shall store the said objects.
(4) The provisions of Article 64 paragraph (3) through (6) of the Basic Act on Disaster Control
Measures shall apply mutatis mutandis when the fire chief or fire station chief stores objects
pursuant to the provisions of the preceding paragraph. In this case, the words “mayor ofmunicipality” and “structures, etc.” shall be deemed to be replaced by “fire chief or fire sta‐tion chief” or “objects” respectively, and the phrase “the municipality which is under thecontrol and jurisdiction of the said mayor of municipality” shall be deemed to be replaced
by “the municipality to which the said fire chief or fire station chief belongs”.
(5) The provisions of Article 3 paragraph (4) shall apply mutatis mutandis to a case where neces‐sary measures are ordered pursuant to the provisions of paragraph (1) while the provisionsof Article 5 paragraph (3) and paragraph (4) shall apply mutatis mutandis to an order issued
pursuant to the provisions of paragraph (1).
4Fire Service Act (Article 5‐4~7)(Period to Lodge an Appeal)
Article 5‐4
An application for review or presentation of an appeal against an order issued
pursuant to the provisions of Article 5 paragraph (1), Article 5‐2 paragraph (1) or paragraph(1) of the preceding article shall be made within 30 days of the day after the receipt of suchan order pursuant to the main clause of Article 14 paragraph (1) or Article 45 of the Adminis‐
trative Appeal Act (Act No. 160 of 1962)(Filing of an Appeal and Compensation for Loss)
Article 6
An appeal for annulment of the order issued pursuant to the provision of Article
5 paragraph (1), Article 5‐2 paragraph (1) or Article 5‐3 paragraph (1) or a judgement or de‐cision on the presentation of an appeal against such an order must be filed within 30 days ofthe day from the day of when such an order, judgement or decision is made; provided, how‐ever, this shall not apply when there is a justifiable reason.
(2) In the case where a judicial decision is made to annul the order issued pursuant to the provi‐sion of Article 5 paragraph (1) or Article 5‐2 paragraph (1), the loss incurred by such an or‐
der shall be compensated at the current price.
(3) In the case where the location, structure, equipment or state of management of the property
under fire prevention measures prescribed in Article 5 paragraph (1) or Article 5‐2 para‐graph (1) does not violate this Act or other based on this Act or other laws and regulations,the loss incurred by the order issued pursuant to the provision of the respective articles shallbe compensated at the current price notwithstanding the provisions of the preceding para‐graph.
(4) The expenses necessary for compensation to be made pursuant to the preceding two para‐graphs shall be borne by the municipality concerned.
(Consent of Fire Chief or Fire Station Chief for Building Permission, etc.)
Article 7
The administrative agency with authority to issue a permission, approval or con‐firmation for the construction, extension, reconstruction, relocation, repair, remodelling,change of intended usage or use of a building or a person entrusted by the agency or desig‐
nated confirmation and inspection body [meaning the designated confirmation and inspec‐tion body prescribed in Article 77‐21 paragraph (1) of the Building Standards Act (Act No.
201 of 1950); the same shall apply hereinafter in this article] which conducts the confirmationprescribed in Article 6‐2 paragraph (1) of the said Act (including its application mutatis mu‐tandis to Article 87 paragraph (1) of the said Act; the same shall apply hereinafter in this par‐agraph) may not issue such a permission, approval, confirmation or the confirmation pre‐scribed in Article 6‐2 paragraph (1) of the said Act without the consent of the competent fire
chief or fire station chief for the construction site or location of the building concerned withthe said permission, approval, confirmation or confirmation prescribed in Article 6‐2 para‐graph (1) of the said Act; provided, however, this shall not be applicable if the building sub‐ject to confirmation (including confirmation under the said paragraph of the said Act) is adwelling (excluding for a tenement house, apartment house or other dwelling that is desig‐
nated by a cabinet order) in an area outside a fire prevention district or quasi‐ fire preven‐tion district prescribed in Article 8 paragraph (1), item (v) of the City Planning Act or if thebuilding superintendent conducts the confirmation prescribed in Article 6 paragraph (1) of
the Building Standards Act which is applied mutatis mutandis to Article 87‐2 of the said Act.
(2) When the fire chief or fire station chief receives a request for consent pursuant to the provi‐sions of the preceding paragraph and finds the plan for the building does not violate theprovisions of any laws, orders or ordinances based on laws [excluding the provisions oflaws and regulations concerning the building standards to be enacted by a cabinet orderprescribed in Article 6 paragraph (1) of the Building Standards Act as applied by replacing5Fire Service Act (Article 7~8)
the relevant terms and words pursuant to the provisions of Article 6‐3 paragraph (1), when
the building superintendent or designated confirmation and inspection body receives a re‐quest for consent upon confirmation regarding construction, major repair (meaning the ma‐
jor repair prescribed in Article 2, item (xiv) of the Building Standards Act), major refurbish‐
ment (meaning the major refurbishment prescribed in Article 2, item (xv) of the said Act) or
change of intended usage prescribed in Article 6‐3 paragraph (1), item (i) or item (ii) pursu‐
ant to the provisions of Article 6 paragraph (4) or Article 6‐2 paragraph (1) (including theapplication of these provisions mutatis mutandis pursuant to the provisions of Article 87 par‐agraph (1) of the said Act)] concerning the fire prevention of buildings, he/she shall afford
such consent within three days of the request for consent when affected by Article 6, para‐graph (1), item (iv) or within seven days of the request for consent in other cases and shallinform the fact to the administrative agency or person entrusted by it or the designated con‐firmation and inspection body. When the fire chief or fire station chief finds a reason not tobe able to give consent, he/she shall inform the reason to the administrative agency or per‐son entrusted by it or the designated confirmation and inspection body within such period.
(3) The provisions of Article 68‐20 paragraph (1) of the Building Standards Act (including the ap‐
plication of these provisions mutatis mutandis to Article 68‐23 paragraph (2) of the said Act)
shall apply mutatis mutandis to the examination to be conducted by the fire chief or fire station
chief when he/she is requested for consent pursuant to the provisions of paragraph (1).
(Fire Prevention Manager)
Article 8
The person who holds a title to manage a school, hospital, factory, workplace,entertainment facility, department store (including a large retail store designated by a cabi‐
net order as equal to a department store; the same shall apply hereinafter), multi‐purpose
property under fire prevention measures (property under fire prevention measures for two
or more purposes prescribed by a cabinet order; the same shall apply hereinafter) or any
other property under fire prevention measures where a large number of people enter, workor live and which are prescribed by an cabinet order shall appoint a fire prevention manager
from among persons with the qualifications prescribed by a cabinet order and shall have
him/her prepare a fire defense plan and perform other operations necessary for fire preven‐tion management, including implementation of fire drills on fire extinguishing, fire report‐
ing and evacuation, inspection and improvement of the equipment used for fire defense, wa‐
ter supply source for fire defense or facilities necessary for fire extinguishing activities, su‐
pervision of the use or handling of fire, maintenance of the structures and equipment re‐quired for evacuation or fire prevention, control the number of persons to be admitted, ac‐cording to the said fire defense plan.
(2) When the title‐holding person referred to in the preceding paragraph appoints a fire preven‐tion manager, he/she shall immediately notify the competent fire chief or fire station chief tothat effect. This reporting obligation shall equally apply when he/she dismisses the fire pre‐vention manager.
(3) When the fire chief or fire station chief finds that the fire prevention manager in paragraph (1)has not been appointed, he/she may order the title‐holding person referred to in the said para‐graph to appoint a fire prevention manager pursuant to the provisions of the said paragraph.
(4) When the fire chief or fire station chief finds that the operations necessary for fire prevention
management to be performed at the property under fire prevention measures in paragraph(1) by the fire prevention manager in paragraph (1) is not performed pursuant to the provi‐sions of laws and regulations or the fire defense plan referred to in the said paragraph,he/she may order the title‐holding person referred to in the said paragraph to take the neces‐sary measures so that the operations are performed pursuant to the provisions of laws andregulations or the fire defense plan.
6

Fire Service Act (Article 8~8‐2)(5) The provisions of Article 5 paragraph (3) and paragraph (4) shall apply mutatis mutandis tothe orders prescribed in the two preceding paragraphs.
(Fire Prevention Management Supervisor)
Article 8‐2
With regard to high‐rise buildings (buildings higher than 31 meters; the same
shall apply in the following article) and other property under fire prevention measures des‐ignated by a cabinet order for which the title for management is divided or undergroundmalls (stores, offices and other similar facilities in an underground structure which are situ‐
ated in succession along underground passages and the passages themselves; the same shallapply hereinafter) for which the title for management is divided, persons who hold the title
to manage those high‐rise buildings or underground malls which are designated by the fire
chief or fire station chief shall designate a fire prevention manager to control the operations
necessary for fire prevention management for the entire properties under fire prevention
measures from among persons with the qualifications prescribed by a cabinet order (herein‐
after referred to as “fire prevention management supervisor” in this Article) through consul‐
tations and shall have him/her prepare a fire defense plan for the entire properties under thefire prevention measures in question, conduct fire drills on fire extinguishing, fire reportingand evacuation according to the said fire defense plan, manage corridors, staircases, emer‐
gency exits and other facilities necessary for evacuation and perform other operations neces‐sary for fire prevention management for the entire properties under fire prevention
measures as prescribed by a cabinet order.
(2) When the fire prevention management supervisor finds it necessary at the time of imple‐
menting operations necessary for fire prevention management pursuant to the provisions of
the preceding paragraph for the entire properties under fire prevention measures in the said
paragraph, he/she may instruct a fire prevention manager designated by a person pos‐sessing the title in the said paragraph for part of the property under fire prevention
measures in question, which belongs to the said title, pursuant to the provisions of para‐graph 1 of the preceding article to take the necessary measures to implement the said opera‐
tions.
(3) The fire defense plan prepared by a fire prevention manager prescribed in the preceding
paragraph pursuant to the provisions of paragraph 1 of the preceding article shall confirm
the fire defense plan prepared by the fire prevention management supervisor for the entire
properties under fire prevention measures pursuant to the provisions of paragraph (1).
(4) When the person holding the title in paragraph (1) designates a fire prevention management
supervisor pursuant to the provisions of the said paragraph, he/she shall immediately notify
the competent fire chief or fire station chief to that effect. This reporting obligation shallequally apply when he/she dismisses the fire prevention management supervisor.
(5) When the fire chief or fire station chief finds that a fire prevention management supervisor
has not been designated for the properties under fire prevention measures in paragraph (1),he/she may order the person holding the title in the said paragraph to designate a fire pre‐vention management supervisor pursuant to the provisions of the said paragraph.
(6) When the fire chief or fire station chief finds that the operations necessary for fire prevention
management to be performed by the fire prevention management supervisor for the entire
properties under fire prevention measures in paragraph (1) are not performed in accordancewith the provisions of laws and regulations or the fire defense plan in the said paragraph,he/she may order the person holding the title in the said paragraph to take the necessary
measures so that the said operations are performed in accordance with the provisions of thesaid laws and regulations or the fire defense plan in the said paragraph.
(7) The provisions of Article 5 paragraph (3) and paragraph (4) shall apply mutatis mutandis toorders issued pursuant to the provisions of the preceding two paragraphs.
7

Fire Service Act (Article 8‐2‐2~8‐2‐3)(Inspection of Property under Fire Prevention Measures and Reporting)
Article 8‐2‐2
Persons who hold the title to manage properties under fire measures prescribedin a cabinet order in view of the necessity for fire prevention among the properties underfire prevention measures prescribed in Article 8 paragraph (1) shall regularly make a personwith professional knowledge of fire prevention at properties under fire prevention measures
and who has a qualification prescribed by an ordinance of the Ministry of Internal Affairs
and Communications [hereinafter referred to as a “qualified inspector of property under fire
prevention measures” in the following paragraph, paragraph (1) of the following article andArticle 36 paragraph (4)] check whether or not the operations required for fire prevention
management, installation and maintenance of equipment used for fire defense, supply ofwater for fire defense or other facilities required for fire extinguishing activities and othermatters required for fire prevention [hereinafter referred to as “inspection items” in the fol‐lowing paragraph, paragraph (1) of the following article and Article 36 paragraph (4)] con‐form to the standards prescribed by an ordinance of the Ministry of Internal Affairs andCommunications regarding the matters prescribed by the Act or orders based on the Act[hereinafter referred to as “inspection standards” in the following paragraph, paragraph (1)of the following article and Article 36 paragraph (4)] and report the inspection results to thefire chief or fire station chief; provided, however, these requirements shall not apply to items
subject to inspection and reporting under the provisions of Article 17‐3‐3.
(2) An indication showing the date of the inspection and other matters prescribed by an ordi‐
nance of the Ministry of Internal Affairs and Communications may be attached pursuant toan ordinance of the Ministry of Internal Affairs and Communications to a property underfire prevention measures of which the inspection items are recognised as conforming with
the inspection standards by a qualified inspector of property under fire prevention measures
as a result of the inspection prescribed in the preceding paragraph [in the case of a property
under fire prevention measures of which the title for management is divided, inspection of
the entire property under fire prevention measures (excluding those parts certified pursuant
to the provisions of paragraph (1) of the following article) pursuant to the provisions of thepreceding paragraph].
(3) No‐one shall attach an indication prescribed in the preceding paragraph excluding the caseprescribed in the said paragraph or an indication which may be confused with the said indi‐
cation to a property under fire prevention measures.
(4) When an indication prescribed in paragraph (2) is attached not pursuant to the provisions ofparagraph (2) or an indication which may be confused with an indication prescribed in thesaid paragraph to a property under fire prevention measures, the fire chief or fire station
chief may order the title‐holding person concerned with the said property under fire preven‐tion measures to remove or place a cancellation mark to the indication in question.
(5) The provisions of paragraph (1) shall not apply to properties under fire prevention measures
which are certified under paragraph (1) of the following article.
(Exception to Inspection of Property under Fire Prevention Measures and Reporting)
Article 8‐2‐3
The fire chief or fire station chief may certify a property under fire prevention
measures which is prescribed in paragraph (1) of the preceding article and which meets thefollowing requirements as a property under fire prevention measures for which exemption
from application of the provisions of the said paragraph should apply upon receipt of an
application from the title‐holding person for the management of the property under fire
prevention measures in question.
(i)Three years have elapsed since the time when the applicant started the management of
the property under fire prevention measures in question.
(ii)
The said property under fire prevention measures does not fall under any of the follow‐
8Fire Service Act (Article 8‐2‐3)
ing sub‐items.
(a) An order pursuant to the provisions of Article 5 paragraph (1), Article 5‐2 paragraph(1), Article 5‐3 paragraph (1), Article 8 paragraph (3) or paragraph (4), Article 8‐2‐5 par‐agraph (3) or Article 17‐4 paragraph (1) or paragraph (2) has been issued in the last
three years (limited to the case where the location, structure, equipment or state ofmanagement of the property under fire prevention measures in question violates theAct, an order based on the Act or any other laws and regulations) or there is presently areason for such an order to be issued.
(b) Cancellation as prescribed in paragraph (6) has been made in the last three years or
there is presently a reason for such cancellation to be made.
(c) There has been an occasion in the last three years of the inspection or reporting pursu‐
ant to the provisions of paragraph (1) of the preceding article not being conducted de‐spite the provisions of the said paragraph or of false reporting regarding the reportingprescribed in the said paragraph.
(d) There has been an occasion in the last three years of an inspection item(s) not conform‐ing to the inspection standards as a result of an inspection performed by a qualified in‐spector of property under fire prevention measures pursuant to the provisions of para‐graph (1) of the preceding article.
(iii)
In addition to those prescribed in the preceding item, the property under fire preven‐tion measures in question is deemed to meet the standards to be prescribed by an ordi‐
nance of the Ministry of Internal Affairs and Communications as the situation of ob‐
servance of the Act or an order based on the Act has been excellent.
(2) An applicant shall apply for inspection to the fire chief or fire station chief by attaching a
document describing the location and other items prescribed by an ordinance of the Minis‐try of Internal Affairs and Communications of the property under fire prevention measures
for which certification is requested pursuant to the provisions of the preceding paragraph asprescribed by an ordinance of the Ministry of Internal Affairs and Communications.
(3) When the fire chief or fire station chief certifies pursuant to the provisions of paragraph (1)or decides not to certify, he/she shall inform the applicant to that effect as prescribed by an
ordinance of the Ministry of Internal Affairs and Communications.
(4) When a property under fire prevention measures certified under the provisions of para‐graph (1) falls under any of the following items, the certification in question shall become
invalid.
(i)
Three years have elapsed since the time of the certification in question [when the notifica‐tion prescribed in the preceding paragraph is made in the case where an application ismade for the property under fire prevention measures in question prior to the elapse of
three years since the certification in question pursuant to the provisions of paragraph (2)].
(ii)
The title‐holding person for the management of the property under fire prevention
measures in question has changed.
(5) When the title‐holding person for the management of a property under fire prevention
measures which is certified pursuant to the provisions of paragraph (1) has changed, the ti‐tle‐holding person prior to the said change shall notify the fire chief or the fire station chief
as prescribed by an ordinance of the Ministry of Internal Affairs and Communications.
(6) In the case of a property under fire prevention measures certified under the provisions ofparagraph (1), the fire chief or fire station chief shall cancel the said certification when thesaid property under fire prevention measures falls under any of the following items.
(i)When it becomes known that the said certification was obtained by a false statement or
any other unlawful means.
(ii)
When an order is issued pursuant to the provisions of Article 5 paragraph (1), Article 5‐
2 paragraph (1), Article 5‐3 paragraph (1), Article 8 paragraph (3) or paragraph (4), Arti‐
9

Fire Service Act (Article 8‐2‐3~8‐3)
cle 8‐2‐5 paragraph (3) or Article 17‐4 paragraph1 or paragraph (2) (limited to the casewhere the location, structure, equipment or state of management of the property underfire prevention measures in question violates the Act, an order based on the Act or any
other laws and regulations).
(iii)
When the provisions of paragraph (1), item (iii) no longer apply.
(7) An indication showing the date of certification and other matters prescribed by an ordinanceof the Ministry of Internal Affairs and Communications may be attached in accordance withan ordinance of the Ministry of Internal Affairs and Communications to a property underfire prevention measures certified under the provisions of paragraph (1) (in the case of prop‐
erties under fire prevention measures of which the title for management is divided, only
those which are entirely certified under the provisions of the said paragraph).
(8) The provisions of paragraph (3) and paragraph (4) of the preceding article shall apply muta‐
tis mutandis to an indication prescribed in the preceding paragraph.
(Management of Facilities Required for Escape)
Article 8‐2‐4
The title‐holding person for the management of a school, hospital, factory, work‐
place, entertainment facility, department store, hotel, restaurant, underground mall, multi‐
purpose property under fire prevention measures or any other property under fire prevention
measures prescribed by a cabinet order shall manage such property so that no object obstruct‐
ing evacuation is left unattended or placed in a disorderly manner at such facilities required
for evacuation as corridors, staircases, emergency exits and others and that no object disrupt‐
ing the closure of a fire door is left unattended or placed in a disorderly manner.
(Fire Defense Organization for Self-Protection)
Article 8‐2‐5
The title‐holding person for the management of a property under fire prevention
measures to which a large number of people have access among the properties under fire
prevention measures referred to in Article 8 paragraph (1) and which is specified by a cabi‐
net order as a large‐scale property shall set up a fire defense organization for self‐protection
as prescribed by an ordinance of the Ministry of Internal Affairs and Communications at thesaid property for fire prevention measures.
(2) When the title‐holding person referred to in the preceding paragraph has set up a fire de‐fense organization for self‐protection pursuant to the provisions of the said paragraph,he/she shall immediately notify the current state of the staff of the fire defense organization
for self‐protection and other matters specified by an ordinance of the Ministry of Internal Af‐
fairs and Communications to the competent fire chief or fire station chief. The same shallapply when the person in question makes any changes to such matters.
(3) When the fire chief or fire station chief finds that a fire defense organization for self‐
protection in paragraph (1) has not been set up, he/she may order the title‐holding personreferred to in the said paragraph to set up a fire defense organization for self‐protection pur‐suant to the provisions of the said paragraph.
(4) The provisions of Article 5 paragraph (3) and paragraph (4) shall apply mutatis mutandis toan order issued pursuant to the provisions of the preceding paragraph.
(Flame Retarding Performance of Goods under the Flame Retardancy Requirements)
Article 8‐3
Goods under the flame retardancy requirements (stage curtains, curtains, ply‐wood for use in an exhibition and similar items prescribed by a cabinet order; the same shallapply hereinafter) to be used in high‐rise buildings or underground malls or theatres, caba‐
rets, hotels, hospitals and other property under fire prevention measures prescribed by acabinet order shall have flame retarding performance not lower than the level to be pre‐scribed by a cabinet order.
10

Fire Service Act (Article 8‐3~9‐3)(2) Indication of the flame retarding performance referred to in the preceding paragraph may be
attached to goods under the flame retardancy requirements or materials thereof with flame
retarding performance referred to in the said paragraph (hereinafter referred to as “flame re‐tarding goods” in this article) pursuant to the provisions of an ordinance of the Ministry ofInternal Affairs and Communications.
(3) Except for the attachment of an indication to goods under the flame retardancy require‐ments or materials thereof pursuant to the provisions of the preceding paragraph or the at‐tachment of an indication concerning the flame retarding performance of goods under theflame retardancy requirements or materials thereof pursuant to the provisions of the Indus‐
trial Standardization law (Act No. 185 of 1949) or other laws prescribed by a cabinet order as
designated by an ordinance of the Ministry of Internal Affairs and Communications (herein‐
after referred to as “designated indication” in this article), no person shall attach an indica‐tion referred to in the said paragraph or an indication that may be misunderstood as such anindication.
(4) Flame retarding goods or materials thereof shall not be sold or displayed for sale as goods
under the flame retardancy requirements unless the indication in paragraph (2) or a desig‐
nated indication is attached.
(5) When the persons concerned with property under fire prevention measures in paragraph (1)have goods under the flame retardancy requirements or materials thereof, which are to be
used in such property under fire prevention measures, treated for flame retarding perfor‐
mance or curtains and other flame retardant materials made with fabric or other materials towhich the indication in paragraph (2) or a designated indication is attached, they shall makeit clear to the effect pursuant to the provisions of an ordinance of the Ministry of Internal Af‐
fairs and Communications.
(Control of Fire-Using Facilities, Tools, etc.)
Article 9
The location, structure and management of domestic furnaces, bathrooms andother fire‐using equipment or equipment which potentially cause a fire when in use, thehandling of portable cooking furnaces, kotatsu (feet warming device covered by a quilt) orother fire‐using appliances or appliances which potentially cause a fire when in use and oth‐er matters necessary for fire prevention shall be prescribed by a municipal ordinance in ac‐
cordance with the standards to be prescribed by a cabinet order.
(Home Disaster Prevention Equipment)
Article 9‐2
A person concerned with a property under fire prevention measures serving adwelling (excluding such parts serving a purpose other than a dwelling in the case of aproperty under fire prevention measures of which parts serve a purpose other than a dwell‐ing; hereinafter referred to as “dwelling” in this article) shall install and maintain home dis‐
aster prevention equipment (machines, appliance or equipment contributing to the preven‐tion of fire at a dwelling as prescribed by a cabinet order; the same shall apply hereinafter inthis article) in accordance with the installation and maintenance standards for home disasterprevention equipment prescribed in the following paragraph.
(2) The installation and maintenance standards for home disaster prevention equipment andother matters necessary for the prevention of fire at a dwelling shall be prescribed by a mu‐
nicipal ordinance in accordance with the standards to be prescribed by a cabinet order.
(Notice of Storage and Handling of Pressurized Acetylene Gas, etc.)
Article 9‐3
A person who stores or handles pressurized acetylene gas, LPG or other materi‐als which are liable to cause a serious obstruction to fire prevention or fire extinguishing ac‐
tivities and which are prescribed by a cabinet order shall notify the competent fire chief or
11Fire Service Act (Article 9‐3~11)
fire station chief to that effect in advance; provided, however, the same shall not apply in thecase where they are stored or handled on ships, automobiles, airplanes, railroads or tracks orother cases prescribed by a cabinet order.
(2) The provisions of the preceding paragraph shall apply mutatis mutandis when the storage or
handling referred to in the said paragraph is discontinued.
(Storage and Handling Standards for Hazardous Materials, etc. of Which Quantities are
Less than Designated Quantities)
Article 9‐4
The technical standards for the storage and handling of those hazardous materi‐als of which the quantities are less than the quantities prescribed by a cabinet order in viewof their hazard (hereinafter called “designated quantities”), straw products, excelsior andother materials prescribed by a cabinet order as those which allow fire to quickly spreadonce they catch fire or make fire extinguishing activities conspicuously difficult (hereinafterreferred to as “designated inflammable goods”) and other materials equivalent to designat‐
ed inflammable goods shall be prescribed by a municipal ordinance.
(2) The technical standards for the location, structure and equipment of a place where hazard‐ous materials of which the quantities are less than the designated quantities, designated in‐flammable goods and other materials equivalent to designated inflammable goods [exclud‐ing the technical standards for fire equipment, etc. prescribed in Article 17 paragraph (1)] arestored or handled shall be prescribed by a municipal ordinance.

CHAPTER 3 HAZARDOUS MATERIALS(Limitation of Storage and Handling of Hazardous Materials)
Article 10
Hazardous materials of more than the designated quantities shall not be stored
except in storage facilities [including storage facilities fixed on vehicles where hazardous
materials are stored or handled (hereinafter called “mobile tank storage facilities”); the same
shall apply hereinafter] or handled at those places other than manufacturing, storage andhandling facilities; provided, however, the same shall not apply when hazardous materialsof more than the designated quantities are temporarily stored or handled for not more thanten days with the approval of the competent fire chief or fire station chief.
(2) When two or more hazardous materials which are different in terms of the description ordesignated quantity listed in the Appended Table [referred to as only “item” in Article 11‐4,
paragraph (1)] are stored or handled at the same facility, the quantity of each hazardous ma‐
terial shall be divided by the respective designated quantity of the hazardous material and if
the sum of the quotient exceeds 1, such facility shall be regarded as storing or handling a
hazardous material of more than the designated quantity.
(3) The storage and handling of hazardous materials at manufacturing, storage and handlingfacilities shall be conducted in accordance with the technical standards to be prescribed by acabinet order.
(4) The technical standards for the location, structure and equipment of manufacturing, storage
and handling facilities shall be prescribed by a cabinet order.
(Establishment and Change of Manufacturing Facility)
Article 11
A person who intends to establish a manufacturing, storage or handling facility
shall, pursuant to the provisions of a cabinet order, obtain the permission of the person pre‐scribed in the following items for each manufacturing, storage or handling facility according
to the classification of such facility. This requirement to obtain permission shall also apply toa person who intends to change the location, structure or equipment of a manufacturing,12Fire Service Act (Article 11)
storage or handling facility.
(i)
A manufacturing, storage or handling facility [excluding a facility which handles thetransfer of hazardous materials through a pipeline (hereinafter referred to as a “transfer
facility”) as prescribed by a cabinet order] to be established in an area of a municipality
which has fire defense headquarters and fire stations [called “a municipality with thefire defense headquarters, etc.” in following items (ii) and (iii)]: Mayor of the munici‐
pality concerned(ii)
A manufacturing, storage or handling facility (excluding a transfer facility) to be estab‐lished in an area of municipality other than a municipality with the fire defense head‐quarters, etc.: Prefectural governor with jurisdiction over the said area(iii)
A transfer facility to be established solely in an area of a municipality with a fire de‐fense headquarters, etc. referred to in item (i): Mayor of the municipality concerned(iv)
A transfer facility other than the transfer facility referred to in the preceding item: Pre‐
fectural governor with jurisdiction over the area where the said transfer facility is to beestablished (Minister of Internal Affairs and Communications when a transfer facility is
to be established over the areas of two or more prefectures):(2) When the mayor of municipality, prefectural governor or Minister of Internal Affairs andCommunications (called the “mayor of municipality, etc.” hereinafter in this chapter and thefollowing chapter) prescribed in the preceding items corresponding to the manufacturing,storage or handling facilities classified in the said paragraphs receives an application for
permission pursuant to the provisions of the preceding paragraph, he/she shall give permis‐
sion when the location, structure and equipment of the manufacturing, storage or handlingfacility in question conform to the technical standards referred to in paragraph (4) of thepreceding article and also when the storage and handling of hazardous materials at the
manufacturing, storage or handling facility in question will not interfere with the mainte‐
nance of public safety or the prevention of the occurrence of disasters.
(3) When the Minister of Internal Affairs and Communications intends to give permission con‐cerning a transfer facility pursuant to the provisions of paragraph (1), item (iv), he/she shallinform the prefectural governor concerned to that effect. In this case, the said prefectural
governor may inform the Minister of Internal Affairs and Communications of his/her opin‐
ion regarding the said permission.
(4) The mayor of municipality concerned may inform the prefectural governor concerned or the
Minister of Internal Affairs and Communications of his/her opinion regarding permission
for a transfer facility under the provisions of paragraph (1), item (iv).
(5) When a person receiving permission pursuant to the provisions of paragraph (1) establishesa manufacturing, storage or handling facility or changes the location, structure and/or
equipment of a manufacturing, storage or handling facility, he/she shall have the manufac‐
turing, storage or handling facility inspected by the mayor of municipality, etc. at the time ofits completion and he/she shall not use the facility until its location, structure and equipment
are approved to conform to the technical standards referred to in paragraph (4) of the pre‐ceding article; provided, however, when he/she changes the location, structure or equipmentof the manufacturing, storage or handling facility, if he/she has received the approval of themayor of municipality, etc. for all or part of a section other than that involved in suchchange of the manufacturing, storage or handling facility, he/she may provisionally use theapproved section even before the inspection at the time of completion.
(6) When a manufacturing, storage or handling facility is assigned or transferred, the assignee
or transferee shall succeed to the status of the person received the permission pursuant to
the provisions of paragraph (1). In this case, the person succeeding to the status of the per‐son receiving permission pursuant to the provisions of the said paragraph shall immediately
notify the mayor of municipality, etc. to that effect.
13

Fire Service Act (Article 11~11‐3)(7) When the mayor of municipality, etc. gives the permission prescribed in paragraph (1) (ex‐cluding the permission prescribed in the second sentence of the said paragraph concerning
minor matters specified by an ordinance of the Ministry of Internal Affairs and Communica‐
tions) concerning manufacturing, storage or handling facilities prescribed by a cabinet order,
he/she shall report it to the National Public Safety Commission, prefectural public safetycommission or the Commandant of the Japan Coast Guard to that effect as prescribed by acabinet order.
(Inspection of Manufacturing Facility, etc. Prior to Completion Inspection)
Article 11‐2
A person who has obtained permission to establish a manufacturing, storage or
handling facility or to change the location, structure or equipment of such facility pursuant
to the provisions of paragraph (1) of the preceding article shall, with regard to construction
work related to the said permission and prescribed by the relevant cabinet order, have an in‐spection made by the mayor of municipality, etc. to check at every step of the construction
work prescribed by a cabinet order if such items regarding the structure and equipment of
the manufacturing, storage or handling facility prescribed by a cabinet order (hereinafter re‐ferred to as “specified items” in this article and the following article) conform to the tech‐nical standards referred to in Article 10, paragraph (4) before undergoing a completion in‐spection prescribed in paragraph (5) of the preceding article..
(2) The person prescribed in the preceding paragraph cannot have the completion inspection
prescribed in paragraph (5) of the preceding article regarding the work for the establishmentof a manufacturing, storage or handling facility or change of its location, structure or
equipment unless it has been approved by the inspection referred to in the preceding para‐graph that the specified items conform to the technical standards referred to in Article 10,paragraph (4).
(3) When the person prescribed in paragraph (1) undergoes a completion inspection prescribedin paragraph (5) of the preceding article regarding the work to establish a manufacturing,storage or handling facility pertaining to the specified items which have been judged in theinspection referred to in paragraph (1) to have conformed to the technical standards referred
to in Article 10, paragraph (4) or to change the location, structure or equipment of such fa‐
cility, he/she shall not be required to have a completion inspection prescribed in paragraph(5) of the preceding article with regard to the said specified items(Hazardous Materials Safety Techniques Association)
Article 11‐3
The mayor of municipality, etc. may entrust the matters under the following
items to the Hazardous Materials Safety Techniques Association (Kikenbutsu Hoangijutsu
Kyokai: KHK) [referred to as the “Association” in Article 14‐3, paragraph (3)].
(i)
In the case referred to in Article 11, paragraph (2) where the storage facility pertaining
to an application for permission pursuant to the provisions of paragraph (1) of the said
article is an outdoor tank storage facility (a facility with an outdoor tank where a haz‐ardous material is stored or handled; the same shall apply hereinafter) prescribed by acabinet order: Examination to check whether those items, which relate to the structureand equipment of the said outdoor tank storage facility and which are prescribed by acabinet order conform to the technical standards referred to in Article 10, paragraph (4)or not.
(ii)
In the case of paragraph (1) of the preceding article where the storage facility referred toin the said paragraph is an outdoor tank storage facility prescribed by a cabinet order:
Examination to check whether the specified items prescribed by a cabinet order among
the specified items pertaining to the said outdoor tank storage facility conform to thetechnical standards of Article 10, paragraph (4) or not.
14

Fire Service Act (Article 11‐4~11‐5)(Notice of Change of Name, Quantity or Multiple of the Designated Quantity of Hazardous
Materials to Store or Handle)
Article 11‐4
A person who intends to change an item, quantity or multiple of the designatedquantity [quotient obtained by dividing the quantity of the hazardous materials stored or
handled at a manufacturing, storage or handling facility by the designated quantity (in thecase of two or more hazardous materials which are different in terms of the description or des‐ignated quantity being stored or handled, the sum of the quotient obtained by dividing thequantity of each hazardous material pertinent to the said storage or handling by the designat‐
ed quantity for each hazardous material)] of a hazardous material which is stored or handled
at the said manufacturing, storage or handling facility without changing the location, structureor equipment of such manufacturing, storage or handling facility shall notify the mayor ofmunicipality, etc. to that effect not later than 10 days before he/she makes such change.
(2) In the case of the preceding paragraph, among the hazardous materials listed in the item
column of the Appended Table 1, those hazardous materials listed under Item (xi) of Catego‐ry I, Item (viii) of Category II, Item (xii) of Category III, Item (xi) of Category V or Item (v) ofCategory VI shall be regarded as different hazardous materials if they contain different haz‐ardous materials listed in the said item column.
(3) The provisions of Article 11, paragraph (7) shall apply mutatis mutandis to the case where anotification in paragraph (1) is made in connection with a manufacturing, storage or han‐dling facility prescribed in the said paragraph.
(Order to Conform to Hazardous Materials Storage and Handling Standards)
Article 11‐5
When the mayor of municipality, etc. finds that the storage or handling of haz‐ardous materials at a manufacturing, storage or handling facility (excluding mobile tankstorage facilities) violates the provisions of Article 10, paragraph (3), he/she may order theowner, manager or possessor of the manufacturing, storage or handling facility to store or
handle the hazardous materials in accordance with the technical standards referred to in thesaid paragraph.
(2) The mayor of municipality [in the case of area of a municipality other than those where a fire
defense headquarters or fire station is located, the prefectural governor with jurisdiction
over the said area; the same shall apply in the following paragraph and paragraph (4)] may
issue an order to a mobile tank storage facility located in the area under his/her jurisdiction
to store or handle the hazardous materials in accordance with the technical standards of Ar‐
ticle 10, paragraph (3) in the same manner as that prescribed in the provisions of the preced‐
ing paragraph.
(3) When the mayor of municipality issues an order pursuant to the provisions of the preceding
paragraph, he/she shall immediately notify the mayor of municipality, etc., in accordance anordinance of the Ministry of Internal Affairs and Communications, who issued permission
prescribed in Article 11 paragraph (1) with regard to the mobile tank storage facility pertain‐
ing to the said order.
(4) When the mayor of municipality, etc. or mayor of municipality issues an order pursuant to
the provisions of paragraph (1) or paragraph (2) respectively, he/she shall make a public an‐
nouncement to that effect by means of setting up a signpost or other means prescribed by an
ordinance of the Ministry of Internal Affairs and Communications.
(5) The signpost prescribed in the preceding paragraph may be set up at the manufacturing,storage or handling facility pertaining to the order issued pursuant to the provisions of par‐agraph (1) or paragraph (2). In this case, the owner, manager or possessor of the manufactur‐
ing, storage or handling facility pertaining to the order issued pursuant to the provisions ofparagraph (1) or paragraph (2) shall neither refuse nor obstruct the setting up of the said
signpost.
15

Fire Service Act (Article 12~12‐3)(Maintenance and Management of Manufacturing Facilities, etc.)
Article 12
The owner, manager or possessor of a manufacturing, storage or handling facili‐
ty shall maintain it so that its location, structure and equipment conform to the technicalstandards in Article 10 paragraph (4).
(2) When the mayor of municipality, etc. finds that the location, structure and equipment of amanufacturing, storage or handling facility do not conform to the technical standards in Ar‐
ticle 10 paragraph (4), he/she may order the title‐holding owner, manager or possessor of the
manufacturing, storage or handling facility to repair, remodel or relocate it so that they will
conform to the technical standards of the said paragraph.
(3) The provisions of paragraph (4) and paragraph (5) of the preceding article shall apply muta‐
tis mutandis to orders issued pursuant to the provisions of the preceding paragraph.
(Cancellation of Permission for Manufacturing Facilities, etc.)
Article 12‐2
In the case where the owner, manager or possessor of a manufacturing, storage
or handling facility falls under any of the following items, the mayor of municipality, etc.
may cancel the permission afforded to the said manufacturing, storage or handling facility
pursuant to Article 11 paragraph (1) or issue an order to him/her to suspend the use of the
facility for a specified period.
(i)
In the case where the owner, manager or possessor changes the location, structure or
equipment of the manufacturing, storage or handling facility without obtaining permis‐
sion prescribed in the second part of Article 11 paragraph (1).
(ii)
In the case where the owner, manager or possessor uses the manufacturing, storage or
handling facility in violation of the provisions of Article 11 paragraph (5).
(iii)
In the case where the owner, manager or possessor violates the order issued pursuant
to the provision of paragraph (2) of the preceding article.
(iv)
In the case where the owner, manager or possessor violates the provisions of Article 14‐
3 paragraph (1) or paragraph (2).
(v)
In the case where the owner, manager or possessor violates the provisions of Article 14‐
3‐2.
(2) When the owner, manager or possessor of a manufacturing, storage or handling facility
commits any one of the violations listed under the following items, the mayor of municipali‐ty, etc. may order him/her to suspend the use of the said manufacturing, storage or handlingfacility for a specified period.
(i)
In the case where the owner, manager or possessor violates the order issued pursuant
to the provision of Article 11‐5 paragraph (1) or paragraph (2).
(ii)
In the case where the owner, manager or possessor violates the provisions of Article 12‐
7 paragraph (1).
(iii)
In the case where the owner, manager or possessor violates the provisions of Article 13
paragraph (1).
(iv)
In the case where the owner, manager or possessor violates the order issued pursuant
to the provision of Article 13‐24 paragraph (1).
(3) The provisions of Article 11‐5 paragraph (4) and paragraph (5) shall apply mutatis mutandis
to an order issued pursuant to the provisions of the two preceding paragraphs.
(Suspension and Restriction of Use at Time of Emergency at Factory, etc.)
Article 12‐3
When the mayor of municipality, etc. finds it urgently necessary for the purposeof maintaining public safety or preventing the occurrence of a disaster, he/she may order theowner, manager or possessor of a manufacturing, storage or handling facility to temporarilysuspend the use of the said manufacturing, storage or handling facility or may restrict its
use.
16

Fire Service Act (Article 12‐3~13)(2) The provisions of Article 11‐5 paragraph (4) and paragraph (5) shall apply mutatis mutandis
to an order issued pursuant to the provisions of the preceding paragraph.
(Request by Mayor of Municipality)
Article 12‐4
When the mayor of municipality concerned considers that the establishment ormaintenance of a transfer facility pertaining to the permission to be issued by the prefectural
governor or Minister of Internal Affairs and Communications (hereinafter called “the prefec‐
tural governor, etc.” in this article) pursuant to the provisions of Article 11, paragraph (1), item(iv) or the handling of hazardous materials at the said facility is liable to cause a disaster,he/she may request that the prefectural governor, etc. concerned take the necessary measures.
(2) Upon receipt of the request referred to in the preceding item, the prefectural governor, etc.
shall conduct the necessary investigation and if, as a result of this investigation, he finds it
necessary, he/she shall take the measures prescribed in Article 11‐5, paragraph (1), Article
12, paragraph (2) or paragraph (1) of the preceding article or any other necessary measures.
(3) When the prefectural governor, etc. takes the measures set forth in the preceding paragraph,he/she shall immediately notify the matter to the mayor of municipality concerned.
(Consultation with Mayor of Municipality on Emergency Measures)
Article 12‐5
The owner, manager or possessor of the transfer facility prescribed by a cabinet
order shall consult with the mayor of municipality concerned in advance regarding the
emergency measures to be taken in the case of the leakage of hazardous materials or otheraccidents at the facility creating a dangerous situation.
(Notification of Discontinued Use of Manufacturing Facility, etc.)
Article 12‐6
When the owner, manager or possessor of a manufacturing, storage or handlingfacility has discontinued the use of the said manufacturing, storage or handling facility,
he/she shall notify the mayor of municipality, etc. to that effect without delay.
(Person Controlling the Business Concerning the Safety of Hazardous Materials)
Article12‐7
A person who owns, manages or possesses a manufacturing, storage or handlingfacility prescribed by a cabinet order at the same place of business where hazardous materi‐als of not less than the quantity prescribed by a cabinet order are stored or handled shall ap‐
point a hazardous materials safety supervising manager and shall have him/her conduct thegeneral management of operations relating to the safety of hazardous materials at the said
place of business pursuant to the provisions of a cabinet order.
(2) When a person who owns, manages or possesses a manufacturing, storage or handling facil‐
ity appoints a hazardous materials safety supervising manager in accordance with the pre‐ceding paragraph, he/she shall immediately notify the matter to the mayor of municipality,
etc. The same shall apply when he/she dismisses the said manager.
(Person Supervising the Safety of Hazardous Materials)
Article 13
The owner, manager or possessor of a manufacturing, storage or handling facili‐ty prescribed by a cabinet order shall appoint a hazardous materials safety supervisor fromamong those Class A hazardous materials engineers (persons possessing a Class A hazard‐ous materials engineer’s license; the same shall apply hereinafter) or Class B hazardous ma‐
terials engineers (persons possessing a Class B hazardous materials engineer’s license; thesame shall apply hereinafter) with more than six months’ practical experience of handlinghazardous materials and shall have him/her supervise the safe handling of hazardous mate‐rials which he/she is qualified to handle in accordance with the cabinet order.
(2) When the owner, manager or possessor of a manufacturing, storage or handling facility ap‐
17Fire Service Act (Article 13~13‐3)
points a hazardous materials safety supervisor pursuant to the provisions of the preceding
paragraph, he/she shall notify to the mayor of municipality, etc. to that effect without delay.
This obligation of notification shall equally apply when he/she dismisses the hazardous ma‐
terials safety supervisor.
(3) At a manufacturing, storage or handling facility, no person other than a hazardous material
engineer (possessing either a Class A or Class B hazardous materials engineer’s license; thesame shall apply hereinafter) shall handle hazardous materials without the attendance of aClass A hazardous materials engineer or a Class B hazardous materials engineer.
(Hazardous Materials Engineer’s Licenses)
Article 13‐2
The Types of hazardous materials engineer’s license shall be Class A hazardous
materials engineer’s license, Class B hazardous materials engineer’s license and Class C haz‐ardous materials engineer’s license.
(2) The types of hazardous materials which hazardous materials engineers can handle andthose hazardous materials of which the handling shall be attended by a Class A hazardous
materials engineer or a Class B hazardous materials engineer shall be prescribed by an ordi‐
nance of the Ministry of Internal Affairs and Communications according to the types of haz‐ardous materials engineer’s license prescribed in the preceding paragraph.
(3) A hazardous materials engineer’s license shall be issued by the prefectural governor to aperson who has passed the examination for the hazardous materials engineer’s license.
(4) The prefectural governor may not issue a hazardous materials engineer’s license to a person
who falls under any of the following items.
(i)A person who has been ordered to return his/her hazardous materials engineer’s li‐
cense pursuant to the provisions of the following paragraph and one year inclusive has
not elapsed since that day.
(ii)
A person who has been sentenced to a fine or heavier penalty in violation of the provi‐sions of this Act or orders based on this Act and two years inclusive have not passed
since the day when its execution of the sentence was completed or became free from theexecution of the sentence.
(5) In the case of a hazardous materials engineer who violates the provisions of this Act or or‐ders based on this Act, the prefectural governor may order him/her to return his/her hazard‐ous materials engineer’s license.
(6) When the prefectural governor finds that a hazardous materials engineer who has been is‐sued the hazardous materials engineer’s license by the governor of another prefecture has
violated the provisions of this Act or orders based on this Act, he/she shall notify the said
governor of another prefecture to that effect.
(7) In addition to the matters prescribed in each of the preceding paragraphs, those matters nec‐
essary for the renewal or reissue of hazardous materials engineer’s licenses or any other mat‐ters related to hazardous materials engineer’s license shall be prescribed by a cabinet order.
(Hazardous Materials Engineer’s Qualification Examinations)
Article 13‐3
Hazardous materials engineer’s qualification examinations shall be conductedon knowledge and skills required for safe handling of hazardous materials.
(2) The types of qualification examinations for hazardous materials engineers shall be the quali‐
fication examination for Class A hazardous materials engineers, the examination for Class B
hazardous materials engineers and the qualification examination for Class C hazardous ma‐
terials engineers.
(3) The qualification examinations for hazardous materials engineers prescribed in the preced‐
ing paragraph shall be conducted for each type of qualification examination by the prefec‐
tural governor not fewer than once a year.
18Fire Service Act (Article 13‐3~13‐6)(4)

A person who falls under any of the following items shall be eligible to take the qualification
examination for Class A hazardous materials engineers.
(i)
A person who has graduated from a university or college of technology under the
School Education Act (Act No. 26 of 1947) by completing a major or course in chemistry
or who is prescribed by an ordinance of the Ministry of Internal Affairs and Communi‐
cations as the equivalent of such a person.
(ii)
A person who has two or more years’ practical experience of handling hazardous mate‐rials after receiving a Class B hazardous materials engineer’s license.
(5) In addition to the matters prescribed in each of the preceding paragraphs, the subjects of thequalification examinations for hazardous materials engineers, procedures for taking qualifi‐
cation examinations and other details of the qualification examinations shall be prescribedby an ordinance of the Ministry of Internal Affairs and Communications.
(Examiners for the Qualification Examination for Hazardous Materials Engineers)
Article 13‐4
In the form of a prefectural ordinance, each prefecture may appoint examiners
for the qualification examination for hazardous materials engineers to prepare questions forthe qualification examinations, mark scores and conduct other qualification examination‐
related affairs.
(2) The organization, term of office and other matters concerning examiners for the qualification
examination for hazardous materials engineers in the preceding paragraph shall be pre‐scribed by an ordinance of the prefecture in question.
(Entrustment of Hazardous Materials Engineer’s Qualification Examination Affairs)
Article 13‐5
The prefectural governor may entrusts a person designated by the Ministry ofInternal Affairs and Communications to conduct the affairs concerning the implementationof qualification examinations for hazardous materials engineers (hereinafter called the “haz‐ardous materials engineer’s qualification examination affairs” in this chapter).
(2) The designation prescribed in the preceding paragraph shall be made upon receipt of an
application from a person intending to conduct the hazardous materials engineer’s qualifi‐
cation examination affairs.
(3) When the prefectural governor entrusts a person designated by the Minister of Internal Af‐
fairs and Communications to conduct the hazardous materials engineer’s qualification ex‐
amination affairs pursuant to the provisions of paragraph (1), he/she shall not conduct thehazardous materials engineer’s qualification examination affairs.
(Requirements for Designation)
Article 13‐6
The Minister of Internal Affairs and Communications shall not make a designa‐tion prescribed in paragraph (2) of the preceding article unless he/she approves that the ap‐
plication prescribed in paragraph (2) of the said article satisfies the following requirements.
(i)
The personnel, facilities, methods of performing the hazardous materials engineer’s qual‐
ification examination affairs and other matters in the plan to conduct the hazardous ma‐
terials engineer’s qualification examination affairs are adequate for the proper and relia‐
ble execution of the hazardous materials engineer’s qualification examination affairs.
(ii)
The applicant has the basic accounting and technical bases necessary for the proper andreliable execution of the plan to conduct the hazardous materials engineer’s qualifica‐tion examination affairs referred to in the preceding paragraph.
(iii)
If the applicant conducts businesses other than the hazardous materials engineer’s
qualification examination affairs, there is no likelihood for the hazardous materials en‐gineer’s qualification examination affairs to become unfair because of the other busi‐
nesses.
19

Fire Service Act (Article 13‐6~13‐9)(2)

If the person making an application pursuant to the provisions of paragraph (2) of the preced‐
ing article falls under any one of the following items, the Minister of Internal Affairs andCommunications shall not make the designation prescribed in paragraph (1) of the said article.
(i)The person is neither a general incorporated foundation nor a general incorporated as‐sociation.
(ii)
The person was sentenced to be punished for a violation of this Act and two years in‐clusive have not passed since the day when its execution of the sentence was completed
or became free from the execution of the sentence.
(iii)
The person’s designated status was cancelled pursuant to the provisions of Article 13‐18
paragraph (1) or paragraph (2) and two years inclusive have not yet elapsed since thesaid cancellation.
(iv)
Any of the officers of the person falls under any of the following sub‐items.
(a) An officer who falls under item (ii).
(b) An officer who has been dismissed by an order pursuant to the provisions of Article 13‐9, paragraph (2) and two years inclusive have not yet elapsed since the said dismissal.

(Public Notice of Designation, etc.)
Article 13‐7
When the Minister of Internal Affairs and Communications designates a person
pursuant to the provisions of Article 13‐5 paragraph (1), he/she shall publicly notify thename and the location of the principal office of the person granted the said designation andthe date of the said designation.
(2) When a person designated pursuant to the provisions of Article 13‐5 paragraph (1) (hereinaf‐
ter called a “designated examination body” in this chapter) intends to change its name or
the location of its principal office, it shall notify the Minister of Internal Affairs and Commu‐
nications to that effect no later than two weeks before the date of the intended change.
(3) When the Minister of Internal Affairs and Communications receives a notice pursuant to theprovisions of the preceding paragraph, he/she shall publicly notify to that effect.
(Public Notice of Entrustment, etc.)
Article 13‐8
A prefectural governor who has decided to entrust a designated examinationbody to conduct the hazardous materials engineer’s qualification examination affairs pursu‐
ant to the provisions of Article 13‐5 paragraph (1) (hereinafter referred to as an “entrusting
prefectural governor”) shall report to the Minister of Internal Affairs and Communications
to that effect and publicly notify the name of the designated examination body in question,
the location of its principal office, the location of the office handling the said hazardous ma‐
terials engineer’s qualification examination affairs and the date on which he/she entrusted
the said designated examination body was to conduct the said hazardous materials engi‐
neer’s qualification examination affairs.
(2) When a designated examination body intends to change its name, the location of principal
office or the location of the office handling the hazardous materials engineer’s qualification
examination affairs, it shall notify the entrusting prefectural governor (in the case of chang‐
ing the office handling the hazardous materials engineer’s qualification examination affairs,
the relevant entrusting prefectural governor) to that effect no later than two weeks before
the date of the intended change.
(3) When the entrusting prefectural governor receives a notice pursuant to the provisions of thepreceding paragraph, he/she shall publicly notify to that effect.
(Appointment and Dismissal of Officers)
Article 13‐9
The appointment and dismissal of officers of a designated examination bodyshall not be valid unless approved by the Minister of Internal Affairs and Communications.
20

Fire Service Act (Article 13‐9~13‐13)(2) When an officer of a designated examination body has committed an act in violation of thisAct (including an order or disposition based on this Act) or the rules for the hazardous ma‐
terials engineer’s qualification examination affairs stipulated in Article 13‐12 paragraph (1)or conducts an act that is extremely improper with regard to the hazardous materials engi‐
neer’s qualification examination affairs, the Minister of Internal Affairs and Communications
may order the designated examination body to dismiss the officer in question.
(Appointment of Examiners by Designated Examination Body)
Article 13‐10
A designated examination body shall appoint examiners for the qualification
examinations for hazardous materials engineers from those persons satisfying the relevant
requirements prescribed by an ordinance of the Ministry of Internal Affairs and Communi‐
cations and shall have them prepare questions for the qualification examinations and markthe examination scores.
(2) When a designated examination body appoints or dismisses an examiner prescribed in thepreceding paragraph, it shall notify the Minister of Internal Affairs and Communications tothat effect without delay.
(3) The provisions of paragraph (2) of the preceding article shall apply mutatis mutandis to thedismissal of an examiner for the qualification examinations for hazardous materials engi‐
neers referred to in paragraph (1).
(Non-Disclosure Obligation)
Article 13‐11 Officers and other personnel of a designated examination body (including exam‐
iners for the qualification examinations for hazardous materials engineers referred to in para‐graph (1) of the preceding article; the same shall apply in the following paragraph) or those who
previously held such a position shall not disclose any secret which they have become party to in
the course of the hazardous materials engineer’s qualification examination affairs.
(2) In the application of the Criminal Act (Act No. 45 of 1907) and other penal provisions, offic‐
ers and other personnel of a designated examination body which are engaged in the haz‐ardous materials engineer’s qualification examination affairs shall be deemed to be person‐nel engaged in official duties as set forth by laws and regulations.
(Rules for the Hazardous Materials Engineer’s Qualification Examination Affairs)
Article 13‐12
A designated examination body shall prepare rules for the hazardous materials
engineer’s qualification examination affairs concerning matters relating to the execution of
the hazardous materials engineer’s qualification examination affairs as prescribed by an or‐
dinance of the Ministry of Internal Affairs and Communications and shall have them ap‐
proved by the Ministry of Internal Affairs and Communications. The same shall apply in thecase where such a person intends to revise these rules.
(2) When a designated examination body intends to revise the rules for the hazardous materials
engineer’s qualification examination affairs as prescribed in the second part of the preceding
paragraph, it shall seek opinions from the entrusting prefectural governor.
(3) When the Minister of Internal Affairs and Communications finds that the rules for the haz‐ardous materials engineer’s qualification examination affairs as approved pursuant to para‐graph (1) have become inappropriate for the proper and reliable execution of the hazardous
materials engineer’s qualification examination affairs, he/she may order the designated ex‐
amination body to revise the rules.
(Business Plan and Income and Expenditure Budget)
Article 13‐13
For each business year, a designated examination body shall prepare a businessplan and an income and expenditure budget and shall have them approved by the Minister
21

Fire Service Act (Article 13‐13~13‐16)
of Internal Affairs and Communications before the beginning of the said business year[without delay from its designation in the case of a business year containing the date of des‐ignation pursuant to the provisions of Article 13‐5, paragraph (1)]. The same shall apply inthe case where such a person intends to revise the plan and/or budget.
(2) When a designated examination body intends the preparation or change of the business plan
and an income and expenditure budget, it shall seek opinions from the entrusting prefectur‐
al governor.
(3) For each business year, a designated examination body shall prepare a business report and astatement of incomes and expenditures and shall submit them to the Minister of Internal Af‐
fairs and Communications and the entrusting prefectural governor within three months af‐
ter the end of the said business year.
(Preparation and Safe-Keeping of Books)
Article 13‐14
A designated examination body shall, as specified by an ordinance of the Minis‐try of Internal Affairs and Communications, prepare and safe‐keep books recording thosematters concerning the hazardous materials engineer’s qualification examination affairs pre‐scribed by an ordinance of the Ministry of Internal Affairs and Communications.
(Orders, etc. to Designated Examination Body)
Article 13‐15
When the Minister of Internal Affairs and Communications finds it necessary forthe proper execution of the hazardous materials engineer’s qualification examination affairs,
he/she may give orders which are necessary for supervision with regard to the hazardous
materials engineer’s qualification examination affairs to a designated examination body.
(2) When an entrusting prefectural governor finds it necessary for the proper execution of thehazardous materials engineer’s qualification examination affairs which he/she has decided
to entrust to a designated examination body, he/she may direct the latter to take measures
which are necessary for the proper execution of the said hazardous materials engineer’s
qualification examination affairs.
(Requirements for Designation)
Article 13‐16
When the Minister of Internal Affairs and Communications finds it necessary forthe proper execution of the hazardous materials engineer’s qualification examination affairs,
he/she may request a designated examination body to make a necessary report on the situa‐tion of the hazardous materials engineer’s qualification examination affairs or have his/her
official enter the office of the designated examination body to inspect the situation of thehazardous materials engineer’s qualification examination affairs or the facilities, books, doc‐
uments and other objects.
(2) When an entrusting prefectural governor finds it necessary for the proper execution of thehazardous materials engineer’s qualification examination affairs which he/she has decided
to entrust to a designated examination body, he/she may request the latter to make a neces‐sary report on the situation of the hazardous materials engineer’s qualification examinationaffairs or have his/her personnel enter the office of the designated examination body, whichhandles the hazardous materials engineer’s qualification examination affairs, to inspect thesituation of the hazardous materials engineer’s qualification examination affairs or the facili‐ties, books, documents and other objects.
(3) An official who conducts an on‐site inspection pursuant to the provisions of the two preced‐
ing paragraphs shall carry a certificate for identification and shall present it at the request ofa concerned person.
(4) The authority to conduct an on‐site inspection prescribed in the provisions of paragraph (1)and paragraph (2) shall not be construed as approved for a criminal investigation.
22

Fire Service Act (Article 13‐17~13‐19)(Suspension or Abolishment of Hazardous Materials Engineer’s Qualification Examination
Affairs Conducted by the Designated Examination Body)
Article 13‐17
A designated examination body shall not suspend or abolish all or part of its
hazardous materials engineer’s qualification examination affairs unless it has obtained thepermission of the Minister of Internal Affairs and Communications.
(2) The Minister of Internal Affairs and Communications shall not give permission pursuant to
the provisions of the preceding paragraph unless he/she finds that the proper and reliable exe‐
cution of the hazardous materials engineer’s qualification examination affairs is not impairedby the suspension or abolishment of all or part of the hazardous materials engineer’s qualifi‐
cation examination affairs which is conducted by the designated examination body.
(3) When the Minister of Internal Affairs and Communications intends to give permission pur‐suant to the provisions of paragraph (1), he/she shall seek opinions from the entrusting pre‐fectural governor.
(4) When the Minister of Internal Affairs and Communications gives permission pursuant to theprovisions of paragraph (1), he/she shall notify the entrusting prefectural governor con‐cerned and publicly notify to that effect.
(Cancellation or Suspension of Designation)
Article 13‐18
When a designated examination body falls under any of the items of Article 13‐6
paragraph (2) [excluding for item (iii)], the Minister of Internal Affairs and Communications
shall cancel its designated status.
(2) When a designated examination body falls under any of the following items, the Minister ofInternal Affairs and Communications shall cancel its designated status or order it to suspend
all or part of the hazardous materials engineer’s qualification examination affairs for a speci‐
fied period.
(i)When the designated examination body is found that it no longer satisfy the require‐ment of each item in Article 13‐6 paragraph (1).
(ii)
When the designated examination body has violated the provisions of Article 13‐10
paragraph (1), Article 13‐13 paragraph (1) or paragraph (3), Article 13‐14 or paragraph(1) of the preceding article.
(iii)
When the designated examination body has violated an order issued pursuant to theprovisions of Article 13‐9 paragraph (2) [including the case when it is applied mutatis
mutandis to Article 13‐10 paragraph (3)], Article 13‐12 paragraph (3) or Article 13‐15
paragraph (1).
(iv)
When the designated examination body has conducted the hazardous materials engi‐
neer’s qualification examination affairs in non‐compliance with the rules for the haz‐ardous materials engineer’s qualification examination affairs which were approved
pursuant to the provisions of Article 13‐12 paragraph (1).
(v)
When the designated examination body has obtained the designated status prescribedin Article 13‐5 paragraph (1) by wrongful means.
(3) When the Minister of Internal Affairs and Communications has cancelled the designatedstatus pursuant to the provisions of the two preceding paragraphs or ordered the suspen‐sion of all or part of the hazardous materials engineer’s qualification examination affairs
pursuant to the provisions of the preceding paragraph, he/she shall notify the entrusting
prefectural governor concerned and publicly notify to that effect.
(Notification, etc. Associated with Cancellation of Designation, etc.)
Article 13‐19
When an entrusting prefectural governor intends to terminate the entrustmentof the hazardous materials engineer’s qualification examination affairs to a designated ex‐
amination body, he/she shall inform the designated examination body in question no later23

Fire Service Act (Article 13‐19~13‐23)
than three months before the intended termination.
(2) When an entrusting prefectural governor has terminated the entrustment of the hazardous
materials engineer’s qualification examination affairs to a designated examination body,he/she shall report to the Minister of Public Affairs and publicly notify to that effect.
(Hazardous Materials Engineer’s Qualification Examination Affairs Conducted by the Entrusting Prefectural Governor)
Article 13‐20
When a designated examination body suspends all or part of its hazardous mate‐rials engineer’s qualification examination affairs pursuant to the provisions of Article 13‐17paragraph (1), the Minister of Internal Affairs and Communications orders a designated exam‐
ination body to suspend all or part of its hazardous materials engineer’s qualification examina‐tion affairs pursuant to the provisions of Article 13‐18 paragraph (2) or the Minister of Internal
Affairs and Communications finds it necessary in the case where it becomes difficult for a des‐ignated examination body to perform all or part of its hazardous materials engineer’s qualifi‐
cation examination affairs because of a natural disaster or other reason, an entrusting prefec‐
tural governor shall conduct all or part of the said hazardous materials engineer’s qualification
examination affairs notwithstanding the provisions of Article 13‐5 paragraph (3).
(2) When an entrusting prefectural governor is required to conduct the hazardous materials en‐gineer’s qualification examination affairs pursuant to the provisions of the preceding para‐graph or there is no more reason for an entrusting prefectural governor to conduct the haz‐ardous materials engineer’s qualification examination affairs pursuant to the provisions of
the said paragraph, the Minister of Internal Affairs and Communications shall immediately
notify the entrusting prefectural governor in question to that effect.
(3) When an entrusting prefectural governor receives a notice pursuant to the provisions of thepreceding paragraph, he/she shall publicly notify to that effect.
(Transfer of Hazardous Materials Engineer’s Qualification Examination Affairs to the Entrusting Prefectural Governor)
Article 13‐21
The transfer of the hazardous materials engineer’s qualification examination af‐
fairs and other necessary matters shall be prescribed by an ordinance of the Ministry of In‐
ternal Affairs and Communications in the case where an entrusting prefectural governor isrequired to conduct the said hazardous materials engineer’s qualification examination af‐
fairs pursuant to the provisions of paragraph (1) of the preceding article, the Minister of In‐
ternal Affairs and Communications has permitted the abolition of the said hazardous mate‐rials engineer’s qualification examination affairs pursuant to Article 13‐17 paragraph (1) orcancels the designated status pursuant to Article 13‐18 paragraph (1) or paragraph (2) or an
entrusting prefectural governor has decided to terminate the entrustment of the hazardous
materials engineer’s qualification examination affairs to a designated examination body.
(Appeal against a Disposition, etc.)
Article 13‐22
An application for review under the Administrative Appeal Act may be filedwith the Minister of Internal Affairs and Communications against a disposition made by adesignated examination body or its inaction regarding the hazardous materials engineer’s
qualification examination affairs.
(Training Sessions for Hazardous Materials Engineers)
Article 13‐23
Hazardous materials engineers who are engaged in the handling of hazardous
materials at a manufacturing, storage or handling facility shall undergo training sessions on
the safety of handling of hazardous materials, which are conducted by a prefectural gover‐nor (including the mayor of municipality or other organ designated by the Minister of Inter‐24

Fire Service Act (Article 13‐23~14‐3)
nal Affairs and Communications) as prescribed by an ordinance of the Ministry of Internal
Affairs and Communications.
(Dismissal of Hazardous Materials Safety Supervising Manager or Hazardous Materials
Safety Supervisor)
Article 13‐24
When a hazardous materials safety supervising manager or hazardous materials
safety supervisor has violated the provisions of this Act or any order based on this Act orwhen the mayor of municipality, etc. finds that assignment of the respective duties to them
may constitute a hindrance to the preservation of public safety or prevention of the occur‐
rence of a disaster, he/she may order the owner, manager or possessor of a manufacturing,storage or handling facility prescribed in Article 12‐7 paragraph (1) or Article 13 paragraph(1) to dismiss the hazardous materials safety supervising manager or hazardous materials
safety supervisor in question.
(2) The provisions of Article 11‐5 paragraph (4) and paragraph (5) shall apply mutatis mutandis
to an order issued pursuant to the provisions of the preceding paragraph.
(Hazardous Materials Facility Safety Officer)
Article 14
The owner, manager or possessor of a manufacturing, storage or handling facili‐ty prescribed by a cabinet order shall appoint a hazardous materials facility safety officer
and make him/her perform the work to ensure the safety of the structure and equipment of
the said manufacturing, storage or handling facility as provided for by an ordinance of the
Ministry of Internal Affairs and Communications.
(Fire Prevention Rules)
Article 14‐2
In order to prevent a fire at a manufacturing, storage or handling facility pre‐scribed by a cabinet order, the owner, manager or possessor shall establish fire prevention
rules for the matters prescribed by an ordinance of the Ministry of Internal Affairs andCommunications and obtain their approval from the mayor of municipality, etc. The same
shall apply when he/she intends to revise these fire prevention rules.
(2) When the mayor of municipality, etc. finds that the fire prevention rules do not conform to
the technical standards referred to in Article 10 paragraph (3) or that they are inadequate forthe purpose of fire prevention, he/she shall not issue the approval prescribed in the preced‐
ing paragraph.
(3) When the mayor of municipality, etc. finds it necessary for the purpose of fire prevention,
he/she may give an order to revise the fire prevention rules.
(4) The owner, manager or possessor of the manufacturing, storage or handling facility pre‐scribed in paragraph (1) and employees thereof shall observe the fire prevention rules.
(5) The provisions of Article 11‐5 paragraph (4) and paragraph (5) shall apply mutatis mutandis
to an order issued pursuant to the provisions of paragraph (3).
(Safety Inspection and Entrustment of Examination)
Article 14‐3
The owner, manager or possessor of an outdoor tank storage facility or transfer
facility prescribed by a cabinet order shall undergo safety inspection to be conducted by themayor of municipality, etc. at an interval prescribed by a cabinet order to check if whether
such matters concerning the structure and equipment of the outdoor tank storage facility ortransfer facility prescribed by a cabinet order are maintained in accordance with the tech‐nical standards referred to in Article 10 paragraph (4) or not.
(2) If uneven subsidence or any other conditions prescribed by a cabinet order occur to an out‐
door tank storage facility prescribed by a cabinet order, the owner, manager or possessor ofsuch outdoor tank storage facility shall receive safety inspection to be conducted by the25

Fire Service Act (Article 14‐3~16‐3)
mayor of municipality, etc. to check whether such matters concerning the structure andequipment of the outdoor tank storage facility prescribed by a cabinet order are maintainedin accordance with the technical standards referred to in Article 10 paragraph (4) or not.
(3) In the case of paragraph (1) (limited to the part pertaining to an outdoor storage tank facili‐ty) or the preceding paragraph, the mayor of municipality, etc. may entrust the Association
to check whether such matters concerning the structure and equipment of an outdoor tankstorage facility prescribed by a cabinet order are maintained in accordance with the technicalstandards referred to in Article 10 paragraph (4).
(Regular Inspection of Manufacturing Facilities, etc.)
Article 14‐3‐2 The owner, manager or possessor of a manufacturing, storage or handling facili‐
ty shall conduct the regular inspection of such manufacturing, storage or handling facility,
prepare a record of inspection and keep it as prescribed by an ordinance of the Ministry ofInternal Affairs and Communications.
(Establishment of Fire Defense Organization for Self-Protection)
Article 14‐4
A person who owns, manages or possesses a manufacturing, storage or handlingfacility prescribed by a cabinet order at the same place of business where hazardous materi‐als of more than the quantity designated by a cabinet order are stored or handled shall es‐
tablish a fire defense organization for self‐protection at the said place of business as pre‐scribed by a cabinet order.
(Standards for Structure and Equipment of Projection Room)
Article 15
A projection room installed in a building or other structure where a film is regu‐
larly screened, using non‐slow burning motion picture films shall have a structure andequipment in accordance with the technical standards to be prescribed by a cabinet order.
(Transportation Standards for Hazardous Materials)
Article 16
The transportation of hazardous materials shall be conducted in accordance withthe technical standards set forth by a cabinet order for containers, loading method andtransportation method.
(Transportation of Hazardous Materials)
Article 16‐2
The transportation of hazardous materials by mobile tank storage facilities shallbe conducted by a hazardous materials engineer on board, who is qualified to handle them.
(2) The hazardous materials engineer referred to in the preceding paragraph shall observe thestandards for the transportation of hazardous materials by mobile tank storage facilities pre‐scribed by a cabinet order and shall pay close attention to ensuring the safety of the hazard‐ous materials.
(3) While the hazardous materials engineer rides the mobile tank storage facility transporting
hazardous materials pursuant to the provisions of paragraph (1), he/she shall carry his haz‐ardous materials engineer’s license with him/her.
(Emergency Measures in Case of Accident)
Article 16‐3
In the case of spillage of hazardous materials or any other accident occurring at a
manufacturing, storage or handling facility, the owner, manager or possessor thereof shallimmediately prevent any further spillage and/or spread of the hazardous materials, remove
the spilled hazardous materials or take other emergency measures to prevent the occurrenceof a disaster.
(2) The person finding the situation referred to in the preceding paragraph shall immediately
26

Fire Service Act (Article 16‐3~16‐4)

(3)

(4)

(5)

(6)

report it to a fire station, place designated by the mayor of municipality, police station or
coast guard to that effect.
When the mayor of municipality, etc. finds that the owner, manager or possessor of a manu‐
facturing, storage (excluding a mobile tank storage facility) or handling facility has not taken
the emergency measures prescribed in paragraph (1), he/she may order such person to takethe said emergency measures.
The mayor of municipality [in an area of municipality other than that where a fire defense
headquarters and a fire station(s) is established, the prefectural governor with jurisdiction
over the said area; the same shall apply in the following paragraph and in Article 11‐5 para‐graph (4) which is applied mutatis mutandis to paragraph (6)] may order mobile tank storage
facilities under his/her jurisdiction to take the emergency measures prescribed in paragraph(1) following the example set forth in the provisions of the preceding paragraph.
In the case where a municipal mayor, etc. or municipal mayor has ordered emergency
measures pursuant to the provisions of paragraph (3) or the preceding paragraph respective‐
ly, if a person ordered to take emergency measures fails to implement the said measures orinsufficiently implements the said measures or if there is no prospect of the said measures tobe taken by the said person being completed by the time limit when a time limit is specified
for the implementation of the said measures, the mayor of municipality, etc. or the mayor ofmunicipality may make his/her official engaged in the fire service affairs or a third persontake the said measures pursuant to the provisions of the Act on Substitute Execution by
Administration.
The provisions of Article 11‐5 paragraph (4) and paragraph (5) shall apply mutatis mutandis
to an order issued pursuant to the provisions of paragraph (3) or paragraph (4).

(Investigation of the Cause of Accidents such as Spillage of Hazardous Materials)
Article 16‐3‐2 In the case where a spillage of hazardous materials or any other accident (ex‐cluding a fire; the same shall apply hereinafter in this article) at a manufacturing, storage or
handling facility that could have caused a fire, the mayor of the municipality, etc. may inves‐tigate the cause of the said accident.
(2) When it is necessary to conduct the investigation referred to in the preceding paragraph, themayor of the municipality, etc. may order the owner, manager or possessor of the manufac‐
turing, storage or handling facility where the said accident took place or any other places
deemed to be closely related to the occurrence of the said accident to submit the necessary
information materials or request the person concerned to submit a report or hand his/her of‐
ficials engaged in the fire service affairs concerned to enter such place to inspect the condi‐
tions of the hazardous materials located there or the manufacturing, storage or handling fa‐
cility or any other structure or object which is related to the said accident or ask questions of
any related persons.
(3) The provisions of the proviso of Article 4 paragraph (1) and paragraph (2) through para‐graph (4) shall apply mutatis mutandis to the case referred to in the preceding paragraph.
(4) When requested by the mayor of the municipality, etc. (excluding the Minster of Internal
Affairs and Communications) who conducts an investigation pursuant to the provisions ofparagraph (1), the Commissioner of the Fire and Disaster Management Agency may conduct
an investigation set forth in the said paragraph. In this case, the provisions of the two pre‐ceding paragraphs shall apply mutatis mutandis.
(Fee)
Article 16‐4
A person who intends to obtain permission for the establishment of or change toa transfer facility to be issued by the Minister of Internal Affairs and Communications, toundergo a completion inspection [including the obtainment of an approval set forth in the27

Fire Service Act (Article 16‐4~16‐6)
proviso of Article 11 paragraph (5)] or to receive a safety inspection shall pay a fee, theamount of which is prescribed by a cabinet order in consideration of the actual cost, to theState.
(2) A person who intends to take training sessions on the safety of the handling of hazardous
materials conducted by an agency designated by the Minister of Internal Affairs and Com‐
munications pursuant to the provisions of Article 13‐23 other than the mayor of municipality(hereinafter referred to as “designated training agency” in this article) shall pay a fee, theamount of which is prescribed by a cabinet order in consideration of the actual cost, to thesaid designated training agency as prescribed by a cabinet order.
(3) The fee paid to a designated training agency pursuant to the provisions of the preceding
paragraph shall be treated as income of the said designated training agency.
(4) When a prefectural collects fees for the hazardous materials engineer’s qualification exami‐
nations pursuant to the provisions of Article 227 of the Local Autonomy Act (Act No. 67 of
1947), he/she may, by means of specifying by a prefectural ordinance, make persons intend‐
ing to take the said qualification examination to be conducted by a designated examinationbody pursuant to the provisions of Article 13‐5 paragraph (1) pay the said fees to the desig‐
nated examination body in question, making such fees the income of the said body.
(Questioning and Inspection, etc.)
Article 16‐5
When the mayor of municipality, etc. finds it necessary for the prevention of firein connection with the storage or handling of hazardous materials in addition to the cases
prescribed in Article 16‐3‐2 paragraph (1) and paragraph (2), he/she may tell the owner,
manager or possessor of any facility where hazardous materials of not less than the desig‐
nated quantity (referred to as a “storage facility, etc.” hereinafter in this paragraph) arefound to be stored or handled to submit information materials or request the person con‐cerned to submit a report or to have his/her official engaged in the fire service affairs con‐cerned to enter the storage facility, etc. to inspect the location, structure or equipment ofsuch facilities and the storage or handling of hazardous materials at such facilities, to ask
questions to the persons concerned or to remove the minimum necessary amounts of thehazardous materials or substances suspected to be hazardous materials for testing.
(2) When a firefighter or police official finds it especially necessary for the prevention of fire inconnection with the transportation of hazardous materials, he/she may stop a mobile tankstorage facility on the move and requests the hazardous materials engineer on board thesaid mobile tank storage facility to show his/her hazardous materials engineer’s license. In
this case, when a firefighter and a police official shall closely liaise with each other while
performing their duties.
(3) The provisions of Article 4, paragraph (2) through paragraph (4) shall apply mutatis mutandis
to the two preceding paragraphs.
(Order to Take Necessary Measure Regarding Hazardous Materials Stored without Permission, etc.)
Article 16‐6
The mayor of municipality, etc. may order a person who stores or handles haz‐ardous materials of more than the designated quantity without obtaining the approval in theproviso of Article 10 paragraph (1) or permission pursuant to the provisions of the first partof Article 11 paragraph (1) to remove the hazardous materials which are stored or handled
or to take other necessary measures to prevent a disaster due to the hazardous materials.
(2) The provisions of Article 11‐5 paragraph (4) and paragraph (5) shall apply mutatis mutandis
to an order under the provisions of the preceding paragraph while the provisions of Article
16‐3 paragraph (5) shall apply mutatis mutandis to the case where an order to take the neces‐sary measures is issued pursuant to the provisions of the preceding paragraph.
28

Fire Service Act (Article 16‐7~16‐11)(Change of Fire Authority and Effect of Administrative Disposition)
Article 16‐7
When a change is made to the public agency having the authority prescribed in
Article 11, Article 11‐2, Article 11‐4, Article 11‐5 paragraph (1) and paragraph (2), Article 12
paragraph (2), Article 12‐2 through Article 12‐4, Article 12‐6, Article 12‐7 paragraph (2), Arti‐cle 13 paragraph (2), Article 14‐2 paragraph (1) and paragraph (3), Article 14‐3, Article 16‐3
paragraph (3) and paragraph (4) and the preceding article pertaining to (a) areas of munici‐
palities where fire defense headquarters and fire stations are to be newly established or to bewithdrawn due to the establishment of fire defense headquarters and fire stations or theabolition, creation, division or merger of or boundary changes of municipalities or (b) areasof municipalities pertaining to the said abolition, creation, division or merger of or boundarychanges, special provisions pertaining to the application of the provisions of this chapter
concerning the effect of the permission and any other dispositions made by or of notices re‐ceived by the public agency prior to such change and other matters shall be prescribed by acabinet order.
(Affairs Dealt by a Local Government)
Article 16‐8
The Minister of Internal Affairs and Communications may entrust part of theaffairs belonging to his/her authority prescribed in this chapter to a prefectural governor or
the mayor of municipality pursuant to the provisions of a cabinet order.
(Instruction by the Minister at Time of Emergency)
Article 16‐8‐2 When the Minister of Internal Affairs and Communications finds it urgently
necessary for the purpose of maintaining public safety or preventing the occurrence of a dis‐
aster, he/she may instruct a prefectural governor or mayor of municipality pursuant to theprovisions of a cabinet order on how to administer the affairs to be prescribed by a cabinet
order among the range of administrative affairs to be conducted by the prefectural governor
or mayor of municipality pursuant to the provisions of this chapter or the preceding article.
(Exception to Application)
Article 16‐9
The provisions of this chapter shall not apply to the storage, handling or trans‐
portation of hazardous materials by airplane, ship, railroad or track.

CHAPTER 3-2 HAZARDOUS MATERIALS SAFETY TECNIQUES ASSOCIATION
Section 1

General Provisions(Purpose of the Hazardous Materials Safety Techniques Association)
Article 16‐10
The purpose of the Hazardous Materials Safety Techniques Association is to ex‐
amine outdoor storage tank facilities as entrusted by the mayor of municipality, etc. pursu‐
ant to the provisions of Article 11‐3 or Article 14‐3 paragraph (3) and to conduct testing, in‐vestigation and technical assistance, etc. concerning the safety of storage, handling or trans‐
portation (excluding those operations using an aircraft, ship, railroad or track; the same shallapply hereinafter in this chapter) of hazardous materials or designated inflammable goods(hereinafter called “hazardous materials, etc.” in this chapter), thereby securing the safety ofthe storage, handling or transportation of hazardous materials, etc.
(Organization of the Association)
Article 16‐11
The Hazardous Materials Safety Techniques Association (hereinafter called “theAssociation” in this chapter) shall have the status of a juridical person.
29

Fire Service Act (Article 16‐12~16‐18)(Restriction on Establishment)
Article 16‐12
Only one Association shall be formed.
(Obligation and Restriction Concerning the Use of Name)
Article 16‐13
The Association shall use the characters representing the term “hazardous mate‐rials safety techniques association” in its name.
(2) No body other than the Association shall use the characters representing the term “hazard‐ous materials safety techniques association” in its name.
(Registration)
Article 16‐14
The Association shall be registered pursuant to the provisions of a cabinet order.
(2) The matters to be registered pursuant to the provisions of the preceding paragraph may not
be asserted against a third person until after a registration being completed.
(Application Mutatis Mutandis of the Provisions of Act on General Incorporated Associations and General Incorporated Foundations)
Article 16‐15
The provisions of Article 4 and Article 78 of the Act on General Incorporated As‐
sociations and General Incorporated Foundations (Act No.48 of 2006) shall apply mutatis mu‐tandis to the Association.
Section 2

Establishment(Conditions of Establishment)
Article 16‐16
In order to establish the Association, there shall be not less than 15 founders,consisting of a prefectural governor(s) recommended by a national federation of prefectural
governors, a mayor(s) of a city (cities) recommended by a national federation of city mayors,
a mayor(s) of town(s) and/or village(s) recommended by a national federation of mayors of
towns and villages and a person(s) with knowledge and experience concerning the safety ofstorage, handling or transportation of hazardous materials, etc.
(Application for Approval of Establishment)
Article 16‐17
The founders shall apply for the approval of the establishment of the Association
by submitting the articles of incorporation and a business plan to the Minister of Internal Af‐
fairs and Communications.
(2) The officers at the time of the establishment of the Association shall be specified by the arti‐
cles of incorporation.
(3) The matters to be written in the business plan referred to in paragraph (1) shall be pre‐scribed by an ordinance of the Ministry of Internal Affairs and Communications.
(Approval of Establishment)
Article 16‐18
When the Minister of Internal Affairs and Communications intends to approvethe establishment of the Association, he/she shall examining whether or not the application
pursuant to the provision of paragraph (1) of the preceding article for confirms to each of thefollowing items before granting the said approval.
(i)
The procedures followed for establishment, the contents of the articles of incorporationand the business plan conform to the provisions of the laws and regulations.
(ii)
No false statement is made in the articles of incorporation and the business plan.
(iii)
The plan to conduct operations concerning personnel, operational procedures and othermatters is appropriate and the applicant is found to have sufficient accounting andtechnical bases to execute the plan without fail.
30

Fire Service Act (Article 16‐18~16‐24)(iv)

In addition to what is specified in the preceding items, the applicant is found to be able
to conduct business operations soundly and will certainly contribute to securing thesafety of storage, handling or transportation of hazardous materials, etc.

Article 16‐19

Deleted(Transfer of Affairs)
Article 16‐20
When the approval has been given for establishment pursuant to the provisionsof 16‐18, the founders shall transfer their affairs without delay to the person who is to be‐come the president.
(Registration of Establishment)
Article 16‐21
When the person who is to become the president has succeeded the affairs pur‐suant to the provisions of the preceding article, he/she shall make a registration for estab‐lishment without delay pursuant to the provisions of a cabinet order.
(2) The Association shall be duly established when a registration for establishment is complet‐ed.
Section 3

Management(Articles of Incorporation)
Article 16‐22
The articles of incorporation of the Association shall specify the following mat‐
ters.
(i)
Purpose
(ii)
Name
(iii)
Location of the office(iv)
Set number, term of office and appointment method of officers and other matters con‐cerning officers(v)
Matters concerning the board of councillors(vi)
Matters concerning the operations and their execution(vii)
Matters concerning finance and accounting(viii) Matters concerning any amendment of the articles of incorporation(ix)
Methods of issuing a public notice(2) No amendment of the articles of incorporation shall be effective without obtaining the ap‐
proval of the Minister of Internal Affairs and Communications.
(Officers)
Article 16‐23

The Association shall have a president, directors and an auditor(s) as its officers.

(Duties of Officers)
Article 16‐24
The president shall represent the Association and preside over its operations.
(2) The directors shall assist, pursuant to the provisions of the articles of incorporation, the pres‐ident in managing the operations of the Association, deputize for the president to exercise
his/her duties when he/she is unable to perform his/her duties and perform his/her duties
when the post of the president is vacant.
(3) The auditor shall audit the operations of the Association.
(4) The auditor may submit his/her opinions to the president or the Minister of Internal Affairs
and Communications when they find such submission necessary based on the audit results.

31

Fire Service Act (Article 16‐25~16‐30‐2)(Validity of Appointment and Dismissal of Officers)
Article 16‐25
The appointment and dismissal of officers shall not be valid without obtaining
the approval of the Minister of Internal Affairs and Communications.
(Ineligibility as Officer)
Article 16‐26
A person falling under any of the following items may not become an officer.
(i)An employee of the national government or a local government (excluding a part‐time
employee thereof).
(ii)
An owner, manager or possessor of a manufacturing, storage or handling facility, a con‐tractor for the construction work of a manufacturing, storage or handling facility or an
officer if such owner, manager, possessor or contractor is a juridical person (including aperson with the same or higher authority or controlling power than an officer regard‐
less of his/her job title).
(iii)
An officer of an association of business operators referred to in the preceding item (in‐cluding a person with the same or higher authority or controlling power than an officer
regardless of his/her job title).
(Dismissal of an Officer)
Article 16‐27
When an officer has become to fall under any of the items of the preceding arti‐cle, the Association shall dismiss such officer.
(Order to Dismiss an Officer)
Article 16‐28
When an officer has committed an act violating this Act (including an order or
disposition based on this Act), the articles of incorporation, the statement of operation pro‐cedures or the rules for the examination affairs prescribed in Article 16‐37, paragraph (1) or aconsiderably improper act concerning the operations of the Association, the Minister of In‐
ternal Affairs and Communications may specify a period and order the Association to dis‐miss the said officer within the specified period.
(2) If the Association has failed to dismiss an officer when he/she falls under any of the items of
Article 16‐26 or if the Association has failed to comply with the order issued pursuant to theprovision of the preceding paragraph, the Minister of Internal Affairs and Communications
may dismiss the officer in question.
(Detachment from a Profit-Making Organization, etc.)
Article 16‐29
An officer shall neither become an officer of a profit‐making organization nor
engage himself/herself in a profit‐making business; provided, however, this restriction shallnot apply when he/she has obtained the relevant approval from the Minister of Internal Af‐
fairs and Communications.
(Restriction of Representing Power of the President)
Article 16‐30
The president shall have no representation power with regard to matters where
the interests of the Association and those of the president conflict with each other. In thiscase, the auditor shall represent the Association.
(Board of Councillors)
Article 16‐30‐2 The Association shall establish a board of councillors as an organ to deliberate
on important matters concerning the administration of the Association.
(2) The board of councillors shall consist of up to 10 members.
(3) Members of the board of councillors shall be appointed by the president with the approvalof the Minister of Internal Affairs and Communications from among persons recommended32

Fire Service Act (Article 16‐30‐2~16‐35)
by a national federation of prefectural governors, persons recommended by a national fed‐
eration of mayors of cities, persons recommended by a national federation of mayors of
towns and villages and people with knowledge and experience concerning the safety ofstorage, handling or transportation of hazardous materials.
(Appointment of Staff Members)
Article 16‐31
Staff members of the Association shall be appointed by the president.
(Obligation of Officers and Staff Members Not to Disclose Secrets)
Article 16‐32
Officers and staff members of the Association and those who have previously
held such positions shall neither disclose nor misappropriate any secrets to which they havebecome party to in the course of their duties.
(Statuses of Officers and Staff Members Liable to Penal Provisions)
Article 16‐33
Officers and staff members of the Association shall be deemed to be personnel
engaged in public service under laws and regulations with regard to the application of thePenal and other penal provisions.
Section 4

Operations(Operations of the Association)
Article 16‐34
In order to achieve the purpose prescribed in Article 16‐10, the Association shallconduct the following operations.
(i)To examine outdoor storage tank facilities as entrusted by the mayor of municipality,
etc. pursuant to the provisions of Article 11‐3 or Article 14‐3 paragraph (3).
(ii)
To conduct tests, investigations or technical assistance as well as gathering and provi‐sion of information concerning the safety of storage, handling or transportation of haz‐ardous materials, etc. and to gather and provide information.
(iii)
To conduct education on the storage, handling or transportation of hazardous materi‐als, etc.
(iv)
To conduct operations which are incidental to the operations listed in the three preced‐
ing items.
(v)
To perform the necessary operations to achieve the purpose described in Article 16‐10
in addition to those listed in each of the preceding items.
(2) When the Association intends to conduct the operations listed in item (v) of the preceding
paragraph, it must obtain an approval of the Minister of Internal Affairs and Communica‐
tions.
(3) In addition to the operations in paragraph (1), the Association may, within the scope of not
disrupting the smooth execution of the said operations, conduct such operations as an exam‐
ination, testing, etc. utilising the machines and equipment or technology it owns for the
purpose of performing operations concerning the safety of storage, handling or transporta‐tion of hazardous materials, etc. or other operations found to be appropriate for execution
by the Association with the relevant approval of the Minister of Internal Affairs and Com‐
munications.
(Statement of Operational Procedures)
Article 16‐35
The Association shall prepare a statement of operational procedures and shallhave it approved by the Minister of Internal Affairs and Communications before commenc‐
ing its operations. The same shall apply when the Association intends to amend the said
statement of operational procedures.
33

Fire Service Act (Article 16‐35~16‐40)(2) The matters to be written in the statement of operational procedures referred to in the pre‐ceding paragraph shall be prescribed by an ordinance of the Ministry of Internal Affairs andCommunications.
(Contract for Entrustment of Examination)
Article 16‐36
When the Association receives an application for a contract pertaining to the en‐trustment of an examination pertaining to an outdoor storage tank facility from the mayor ofmunicipality, etc. pursuant to the provisions of Article 11‐3 or Article 14‐3 paragraph (3), it
must not refuse such application without a justifiable reason.
(2) When the contract referred to in the preceding paragraph is agreed, the Association shallconduct the examination referred to in the said paragraph pertaining to the said contract
without delay.
(Rules for the Examination Affairs)
Article 16‐37
The Association, before commencing the operations listed in Article 16‐34 para‐graph (1), item (i) (hereinafter called “outdoor tank storage facility examination affairs”),
shall establish the rules for the execution of the outdoor tank storage facility examination af‐
fairs (hereinafter called “the rules for the outdoor tank storage examination affairs”) andshall obtain the approval of the Minister of Internal Affairs and Communications. The same
shall apply when the Association intends to change these rules.
(2) When the Minister of Internal Affairs and Communications finds that the rules for the out‐
door tank storage facility examination affairs approved by him/her have become inappro‐
priate for the proper and reliable execution of the outdoor tank storage facility examinationaffairs, he/she may order the Association to change the rules for the examination affairs.
(3) The matters to be specified by the rules for the outdoor tank storage facility examination af‐
fairs shall be prescribed by an ordinance of the Ministry of Internal Affairs and Communica‐
tions.
(Inspector)
Article 16‐38
When the Association conducts the outdoor tank storage facility examinationaffairs, it shall have a qualified person as prescribed by a cabinet order implement them.
(2) A person who implements the outdoor tank storage facility examination affairs (hereinafter
called an “inspector”) shall faithfully perform his/her duties.
(3) The Minister of Internal Affairs and Communications may order the Association to dismiss aninspector when the inspector concerned has violated this Act or an order based on this Act or
the rules for the outdoor tank storage facility examination affairs or when the Minister of In‐
ternal Affairs and Communications finds that the assignment of duties related to the outdoor
tank storage facility examination affairs to the inspector concerned may constitute a hindrance
to the proper implementation of the outdoor tank storage facility examination affairs.
(Personal and Technical Assistance for Operations of the Association)
Article 16‐39
The national government and local governments shall give necessary considera‐
tions to provide personal and technical assistance which is considered appropriate for thesmooth management of the operations of the Association.
Section 5

Finance and Accounting(Business Year)
Article 16‐40
The business year of the Association shall begin on April 1 every year and end of
March 31 of the following year.
34Fire Service Act (Article 16‐41~16‐49)(Approval of Preparation and Revision of Budget and Business Plan)
Article 16‐41
For each business year, the Association shall prepare the budget and businessplan and obtain their approval of the Minister of Internal Affairs and Communications be‐fore the beginning of the said business year. The same requirement shall apply when the As‐
sociation intends to revise the budget and/or business plan.
(Submission of Financial Statements)
Article 16‐42
In each business year, the Association shall prepare an inventory of assets, bal‐ance sheet and profit and loss statement (referred to as “financial statements” in the follow‐
ing paragraph) and shall submit them to the Minister of Internal Affairs and Communica‐
tions within three months of the end of the said business year.
(2) When submitting the financial statements to the Minister of Internal Affairs and Communi‐
cations pursuant to the provisions of the preceding paragraph, the Association shall attach
thereto the business report for the said business year and the statement of accounts classified
by budgetary items together with the written opinions of the auditors concerning the finan‐cial statements and statement of accounts.
Articles 16‐43 through 16‐45

Deleted(Delegation to an Ordinance of Ministry of Internal Affairs and Communications)
Article 16‐46
In addition to what is prescribed in this Act, the necessary matters concerning
the finance and accounting of the Association shall be prescribed by an ordinance of the
Ministry of Internal Affairs and Communications.
Section 6

Supervision(Order to Supervise Operations)
Article 16‐47
When the Minister of Internal Affairs and Communications finds it necessary forthe enforcement of the provisions of this chapter, he/she may give the Association orders
which are necessary to supervise the operations of the Association.
(Submission of Report and On-Site Inspection, etc.)
Article 16‐48
When the Minister of Internal Affairs and Communications finds it necessary forthe enforcement of the provisions of this chapter, he/she may make the Association report on
its operations or allow his/her official to enter the Association’s offices or other places ofbusiness to inspect the conditions of the operations or books, documents and other neces‐sary objects.
(2) An officer who conducts the on‐site inspection pursuant to the provisions of the preceding
paragraph shall carry an identification card and show it to the person concerned.
(3) The authority for the on‐site inspection prescribed in paragraph (1) shall not be construed as
approved for criminal investigation.
Section 7

Dissolution(Dissolution)
Article 16‐49 The dissolution of the Association shall be prescribed by law separately from this
Act.

35

Fire Service Act (Article 17~17‐2)

CHAPTER 4 FIRE DEFENSE EQUIPMENT , ETC.
(Installation and Maintenance of Fire Defense Equipment, etc. and Exclusion from Application to Special Fire Defense Equipment, etc.)
Article 17
Persons related to a school, hospital, factory, workplace, entertainment facility,
department store, hotel, restaurant, underground mall, multi‐purpose property under fire
prevention measures or other property under fire prevention measures prescribed by a cabi‐
net order shall install and maintain the equipment to be used for fire defense, water supply
source for fire defense and other facilities necessary for fire extinguishing activities pre‐scribed by a cabinet order (hereinafter called “fire defense equipment, etc.”) in accordancewith the technical standards to be prescribed by a cabinet order so that fire defense equip‐
ment, etc. offer the necessary performance required for fire extinguishing activities, evacua‐tion and other fire service activities.
(2) When a municipality finds that the purpose of fire prevention cannot be fully achieved sole‐
ly by the provisions of a cabinet order concerning the technical standards for fire defense
equipment, etc. referred to in the preceding paragraph or an order based on the said cabinet
order because of the uniqueness of the local weather or climate, it may stipulate provisions
in a municipal ordinance which differ from those of the cabinet order or an order based on
the said cabinet order regarding the technical standards for fire defense equipment, etc. inthe said paragraph.
(3) When the persons concerned with the properties under fire prevention measures prescribedin paragraph (1) use special types of fire defense equipment, etc. and other equipment, etc.
(hereinafter referred to as “special fire defense equipment, etc.”) of which the performance isequal to or better than fire defense equipment, etc. and which is certified by the Minister ofInternal Affairs and Communications for installation and maintenance according to a plan
concerning the installation and maintenance of special fire defense equipment, etc. to beprepared by the said persons pursuant to the provisions of an ordinance of the Ministry ofInternal Affairs and Communications (hereinafter referred to as “installation and mainte‐
nance plan for equipment, etc.”) instead of fire defense equipment, etc. which must be in‐stalled and maintained in accordance with the technical standards based on a cabinet orderprescribed in paragraph (1), an order based on the said cabinet order or a municipal ordi‐
nance to be introduced pursuant to the provisions of the preceding paragraph, the provi‐sions of the two preceding paragraphs shall not apply to the fire defense equipment, etc. inquestion (limited to the case where certified special fire defense equipment, etc. is used in‐stead of the said fire defense equipment, etc.).
(Performance Evaluation)
Article 17‐2
A person intending to obtain a certification prescribed in paragraph (3) of thepreceding article shall undergo performance evaluation (evaluation of the performance ofspecial fire defense equipment, etc. to be installed and maintained in accordance with the in‐stallation and maintenance plan for the equipment, etc.; the same shall apply hereinafter inthis article and Article 17‐2‐4) conducted by the Japan Fire Equipment Inspection Institute(hereinafter referred to as “the Institute” in this chapter) or a juridical person registered by
the Minister of Internal Affairs and Communications.
(2) A person intending to undergo performance evaluation shall submit an application form
accompanied by the installation and maintenance plan for the equipment, etc. and otherdocuments prescribed by an ordinance of the Ministry of Internal Affairs and Communica‐
tions to the Institute or a juridical person registered under the provisions of the preceding
paragraph.
(3) Upon receipt of an application prescribed in the preceding paragraph, the Institute or a ju‐
36Fire Service Act (Article 17‐2~17‐2‐3)
ridical person registered under the provisions of paragraph (1) shall conduct the perfor‐
mance evaluation pertaining to the said application as prescribed by an ordinance of the
Ministry of Internal Affairs and Communications and inform the results of the said perfor‐
mance evaluation (referred to as “the evaluation results” in paragraph (1) and paragraph (2)of the following article) to the person who filed the application prescribed in the preceding
paragraph.
(Application for Approval of Special Fire Defense Equipment, etc.)
Article 17‐2‐2 When a person who is informed of the evaluation results prescribed in para‐graph (3) of the preceding article [including the case where it is applied mutatis mutandis to
Article 17‐2‐4 paragraph (3)] intends to obtain a certification prescribed in Article 17 para‐graph (3), he/she shall submit an application form accompanied by the installation andmaintenance plan for the equipment, etc. and a document stating the said evaluation results
to the Minister of Internal Affairs and Communications as prescribed by an ordinance of the
Ministry of Internal Affairs and Communications.
(2) Upon receipt of an application prescribed in the preceding paragraph, the Minister of Inter‐
nal Affairs and Communications shall examine both the installation and maintenance planfor the equipment, etc. and the document stating the evaluation results referred to in thesaid paragraph to determine whether or not the special fire defense equipment, etc. when
installed and maintained in accordance with the installation and maintenance plan for theequipment, etc. concerned with the said application has an equal or better performance than
the fire defense equipment, etc. which must be installed and maintained in accordance withthe technical standards prescribed by a cabinet order referred to in Article 17 paragraph (1),an order based on the said cabinet order or the provisions of paragraph (2) of the said article,
and shall certify the said special fire defense equipment, etc. pursuant to the provisions ofparagraph (3) of the said article if the said special fire defense equipment, etc. is found topossess the said performance.
(3) When the Minister of Internal Affairs and Communications intends to grant the certification
pursuant to the provisions of the preceding paragraph, he/she shall inform the fire chief
concerned or fire station chief concerned to that effect. In this case, the fire chief concernedor fire station chief concerned may submit his/her opinions on the said certification to the
Minister of Internal Affairs and Communications.
(Invalidation of Approval)
Article 17‐2‐3 When the Minister of Internal Affairs and Communications finds that the special
fire defense equipment, etc. certified under the provisions of Article 17 paragraph (3) falls
under any of the following items, he/she may nullify the validity of the certification in ques‐
tion.
(i)
It is found that the certification in question or the approval in the following paragraph
was obtained by deception or any other illegal means.
(ii)
The installation or maintenance is deemed not to be in accordance with the installationand maintenance plan for the equipment, etc.
(2) When a person who has obtained a certification under the provisions of Article 17 paragraph(3) intends to change either the special fire defense equipment, etc. concerned with the said
certification or the installation and maintenance plan for the equipment, etc., he/she shall ob‐
tain an approval of the Ministry of Internal Affairs and Communications; provided, howev‐
er, this requirement shall not apply to a minor change(s) prescribed by an ordinance of the
Ministry of Internal Affairs and Communications.
(3) The provisions of the two preceding articles shall apply mutatis mutandis to cases of approvalof the Minister of Internal Affairs and Communications pursuant to the provisions of the37

Fire Service Act (Article 17‐2‐3~17‐2‐5)
preceding paragraph.
(4) When a person who has obtained a certification under the provisions of Article 17 paragraph(3) has made a minor change(s) prescribed by an ordinance of the Ministry of Internal Af‐
fairs and Communications referred to in the proviso of paragraph (2), he/she shall notify thefire chief or fire station chief to that effect as prescribed by an ordinance of the Ministry ofInternal Affairs and Communications.
(Performance Evaluation by Minister of Internal Affairs and Communications)
Article 17‐2‐4 When the Minister of Internal Affairs and Communications finds that there is a
special necessity in the case where the Institute or a juridical person registered under theprovisions of Article 17‐2 paragraph (1) is experiencing difficulties in conducting the opera‐
tions concerning performance evaluation because of a total or partial loss of its function of
conducting the said performance evaluation, he/she may conduct the said performance
evaluation upon receipt of an application from a person intending to obtain the certificationprescribed in Article 17 paragraph (3).
(2) When the Minister of Internal Affairs and Communications intends to conduct whole or partof the performance evaluation pursuant to the provisions of the preceding paragraph byhimself/herself, he/she shall publicly notify in advance the period in which the said perfor‐
mance evaluation will be conducted.
(3) The provisions of Article 17‐2 paragraph (2) and paragraph (3) shall apply mutatis mutandis
to the case where the Minister of Internal Affairs and Communications conducts the perfor‐
mance evaluation pursuant to the provisions of paragraph (1).
(4) A person intending to undergo the performance evaluation to be conducted by the Ministerof Internal Affairs and Communications pursuant to the provisions of paragraph (1), he/sheshall pay a fee, the amount of which is prescribed by a cabinet order in consideration of theactual expense, to the State.
(Exception to Application)
Article 17‐2‐5 In enforcing or applying the provisions of a cabinet order concerning the tech‐nical standards for fire defense equipment, etc. in Article 17 paragraph (1) or orders basedon the said cabinet order or a municipal ordinance pursuant to the provisions of paragraph(2) of the said article, when the fire defense equipment, etc. in paragraph (1) of the said arti‐cle (excluding fire extinguishers, escape equipment and others prescribed by a cabinet order;
the same shall apply hereinafter in this article and the following article) in an existing prop‐
erty under fire prevention measures or fire defense equipment, etc. pertaining to the proper‐ty under fire prevention measures referred to in the said paragraph of the said article whichis under construction, extension, reconstruction, relocation, repair or remodelling do notconform to these provisions, these provisions shall not apply to the said fire defense equip‐
ment, etc. In this case, the previous provisions concerning the said technical standards forthe fire defense equipment, etc. shall apply.
(2) The provisions of the preceding paragraph shall not apply to such fire defense equipment,
etc. which falls under any of the following items.
(i)Fire defense equipment, etc. in Article 17 paragraph (1) in a property under fire preven‐tion measures which violates the provisions of the said paragraph of the said article
when the provisions of a new cabinet order concerning the technical standards for fire
defense equipment, etc. in Article 17 of paragraph (1) or an order based on the said cab‐
inet order or a municipal ordinance are applied after their revisions by any law or reg‐ulation which is to revise the said cabinet order, an order based on the said cabinet or‐
der or an ordinance based on the provisions of paragraph (2) of the said article (includ‐ing the case where a cabinet order or an order based on the said cabinet order or a mu‐
38

Fire Service Act (Article 17‐2‐5~17‐3)

(ii)

(iii)

(iv)

nicipal ordinance corresponding to the cabinet order or the order based on the cabinet
order or the municipal ordinance is enacted to coincide the repeal of the latter) because
the said fire defense equipment, etc. does not conform to the former provisions that cor‐
respond to the revised provisions.
Fire defense equipment, etc. in a property under fire prevention measures referred to in
Article 17 paragraph (1) pertaining to the extension, reconstruction, major repair or re‐modelling prescribed by a cabinet order which commenced after the enforcement orapplication of the provisions of a cabinet order concerning the technical standards forfire defense equipment, etc. in Article 17 paragraph (1) or an order based on the said
cabinet order or a municipal ordinance based on the provisions of paragraph (2) of thesaid article.
Fire defense equipment, etc. in a property under fire prevention measures referred to in
Article 17 paragraph (1) which comes to conform to the provisions of a cabinet orderconcerning the technical standards for fire defense equipment, etc. in Article 17 para‐graph (1) or an order based on the said cabinet order or a municipal ordinance based on
the provisions of paragraph (2) of the said article.
In addition to the fire defense equipment, etc. listed in the three preceding items, fire
defense equipment, etc. in the existing fire defense equipment in a department store,
hotel, hospital, underground mall and multi‐purpose property under fire prevention
measures (limited to that prescribed by a cabinet order) or any other property underfire prevention measures referred to Article 17 paragraph (1) which is designated by acabinet order as a place where a large number of people enter (hereinafter referred to as“specified property under fire prevention measures”) or fire prevention equipment, etc.
pertaining to specified property under fire prevention measures which is under new
construction, extension, reconstruction, relocation, repair or remodelling at the time ofthe enforcement or application of the provisions of a cabinet order concerning the tech‐nical standards for fire defense equipment, etc. in Article 17 paragraph (1) or an order
based on the said cabinet order or a municipal ordinance based on the provisions ofparagraph (2) of the said article.

(Special Cases for Change of Intended Usage)
Article 17‐3
In addition to the cases prescribed in the preceding article, when the fire defense
equipment, etc. in the property under fire prevention measures referred to in Article 17 par‐agraph (1) comes not to conform to the provisions of a cabinet order concerning the technicalstandards for fire defense equipment, etc. referred to in the said paragraph of the said article
or an order based on the said cabinet order or a municipal ordinance based on the provi‐sions of paragraph (2) of the said article because of a change of intended usage made to theproperty under fire prevention measures, the said provisions shall not apply to the said fire
defense equipment, etc. In this case, the provisions concerning the technical standards forfire defense equipment, etc. in the said property under fire prevention measures prior to itschange of intended usage shall apply.
(2) The provisions in the preceding paragraph shall not apply to fire defense equipment, etc.
which falls under any of the following items.
(i)Fire defense equipment, etc. in a property under fire prevention measures referred to in
Article 17 paragraph (1) which violates the provisions of paragraph (1) of the said arti‐
cle when a change of intended usage is made to the said property under fire prevention
measures because the said fire defense equipment, etc. does not conform to the provi‐sions of a cabinet order concerning the technical standards for the fire defense equip‐
ment, etc. referred to in the said paragraph of the said article or an order based on thesaid cabinet order or a municipal ordinance based on the provisions of paragraph (2) of
39

Fire Service Act (Article 17‐3~17‐3‐3)

(ii)

(iii)

(iv)

the said article pertaining to the fire defense equipment, etc. in the said property underfire prevention measures prior to a change of intended usage thereof.
Fire defense equipment, etc. in in a property under fire prevention measures referred toin Article 17 paragraph (1) to which the extension, reconstruction, major repair or re‐modelling work prescribed in a cabinet order has commenced after a change of intend‐
ed usage of the said property under fire prevention measures.
Fire defense equipment, etc. in a property under fire prevention measures referred to in
Article 17 paragraph (1) which comes to conform to the provisions of a cabinet orderconcerning the technical standards for fire defense equipment, etc. in the said para‐graph of the said article or an order based on the said cabinet order or a municipal or‐
dinance based on the provisions of paragraph (2) of the said article.
In addition to the fire defense equipment, etc. listed in the three preceding items, thefire defense equipment, etc. in a specified property under fire prevention measures in
the case where the intended usage of a property under fire prevention measures pre‐scribed in Article 17 paragraph (1) has become the intended usage of a specified proper‐ty under fire prevention measures after a change of intended usage.

(Inspection of Fire Defense Equipment, etc. or Special Fire Defense Equipment, etc.)
Article 17‐3‐2 When a person related to a specified property under fire prevention measures orother property designated by a cabinet order among the property under fire prevention
measures in Article 17 paragraph (1) installs fire defense equipment, etc. or special fire de‐fense equipment, etc. (excluding those specified by a cabinet order) which must be installedin accordance with the technical standards to be prescribed by a cabinet order referred to in
the said paragraph or orders based on the said cabinet order or a municipal ordinance basedon the provisions of paragraph (2) of the said article (in the case of application of the provi‐sions of the first part of Article 17‐2‐5 paragraph (1) or those of the first part of paragraph (1)of the preceding article, the technical standards to be applied respectively pursuant to theprovisions of the second part of Article 17‐2‐5 paragraph (1) or those of the second part ofparagraph (1) of the preceding article; hereinafter referred to as “the technical standards forequipment, etc.”) or in accordance with the installation and maintenance plan for equip‐
ment, etc., he/she shall notify the fire chief or fire station chief to that effect and receive aninspection pursuant to the provisions of an ordinance of the Ministry of Internal Affairs andCommunications.
(Inspection of and Reporting on Fire Defense Equipment, etc. or Special Fire Defense
Equipment, etc.)
Article 17‐3‐3 A person related to the property under fire prevention measures prescribed in
Article 17 paragraph (1) (excluding those prescribed by a cabinet order) shall, as prescribedin the relevant provisions of an ordinance of the Ministry of Internal Affairs and Communi‐
cations, make a person who has a fire defense equipment officer’s license or a person who
has a qualification specified by an ordinance of the Minister of Internal Affairs and Com‐
munications periodically conduct the inspection of the fire defense equipment, etc. or the
special fire defense equipment, etc. [or the functions of the fire defense equipment, etc. or
the special fire defense equipment, etc. in a property under fire prevention measures pre‐scribed in Article 8‐2‐2 paragraph (1)] of the said property under fire prevention measures ifsuch property is prescribed by a cabinet order or conduct such inspection himself/herself inthe case of property under fire prevention measures which is not prescribed by the said cab‐
inet order and shall make the said person or himself/herself report the inspection results toeither the fire chief or fire station chief.

40

Fire Service Act (Article 17‐4~17‐8)(Order to Install and Maintain Fire Defense Equipment, etc. or Special Fire Defense Equipment, etc.)
Article 17‐4
When the fire chief or fire station chief finds that fire defense equipment, etc. in
the property under fire prevention measures in Article 17 paragraph (1) is not installed or
maintained in accordance with the technical standards for equipment, etc., he/she may orderthe title‐holding person concerned with the said property under fire prevention measures toinstall the fire defense equipment, etc. in accordance with the said technical standards forequipment, etc. or take the necessary measures required for its maintenance.
(2) When the fire chief or fire station chief finds that the special fire defense equipment, etc. cer‐tified under Article 17 paragraph (3) at a property under fire prevention measures in para‐graph (1) of the said article is not installed or maintained in accordance with the installationand maintenance plan for equipment, etc., he/she may order the title‐holding person con‐cerned with the said property under fire prevention measures to install the special fire de‐fense equipment, etc. in accordance with the said installation and maintenance plan forequipment, etc., or to take the necessary measures for its maintenance.
(3) The provisions of Article 5 paragraph (3) and paragraph (4) shall apply mutatis mutandis toorders issued pursuant to the provisions of the two preceding paragraphs.
(Fire Defense Equipment Officer)
Article 17‐5
A person who has not been issued with a fire defense equipment officer’s license
shall not conduct those types of work prescribed by a cabinet order among the range ofwork (limited to the work pertaining to installation) relating to fire defense equipment, etc.
or special fire defense equipment, etc. or the improvement work listed below.
(i)Fire defense equipment, etc. which must be installed in accordance with the technicalstandards prescribed in Article 10 paragraph (4) or the technical standards for equip‐
ment, etc.
(ii)
Special fire defense equipment, etc. which must be installed in accordance with the in‐stallation and maintenance plan for equipment, etc.
(Types of Fire Defense Equipment Officer’s License)
Article 17‐6
The types of fire defense equipment officer’s license shall be a Class A fire de‐fense equipment officer’s license and a Class B fire defense equipment officer’s license.
(2) The types of installation or improvement work which a person who has been issued with aClass A fire defense equipment officer’s license (hereinafter referred to as “a Class A fire de‐fense equipment officer”) can perform and the types of improvement work which a person
who has been issued with a Class B fire defense equipment officer’s license (hereinafter re‐ferred to as “a Class B fire defense equipment officer) can perform shall be prescribed by an
ordinance of the Ministry of Internal Affairs and Communications according to the types offire defense equipment officer’s license.
(Authority to Issue the Fire Defense Equipment Officer’s License)
Article 17‐7
A fire defense equipment officer’s license shall be issued by the prefectural gov‐
ernor to a person who has passed the fire defense equipment officer’s qualification examina‐tion.
(2) The provisions of Article 13‐2 paragraph (4) through paragraph (7) shall apply mutatis mu‐tandis to fire defense equipment officer’s licenses.
(Fire Defense Equipment Officer’s Qualification Examination)
Article 17‐8
The fire defense equipment officer’s qualification examination shall be conduct‐
ed on the necessary knowledge and skills concerning the installation and maintenance of fire41

Fire Service Act (Article 17‐8~17‐9)
defense equipment, etc. or special fire defense equipment, etc. (hereinafter referred to as “thesubject equipment for installation or improvement work” in this chapter).
(2) The types of fire defense equipment officer’s qualification examination shall be the Class A
fire defense equipment officer’s qualification examination and the Class B fire defense
equipment officer’s qualification examination.
(3) The fire defense equipment officer’s qualification examination prescribed in the preceding
paragraph shall be conducted once or more times a year for each type of fire defense equip‐
ment officer’s qualification examination by the prefectural governor.
(4) No person other than those who fall under any of the following items shall be eligible for theClass A fire defense equipment officer’s qualification examination.
(i)
A person who has graduated from a university, college of technology, high school orsecondary school under the School Education Act by completing a major or course inmechanical engineering, electrical engineering, industrial chemistry, civil engineeringor architecture.
(ii)
A person who has more than two years’ practical experience of the improvement of thesubject equipment for installation or improvement work (limited to that prescribed by acabinet order pursuant to the provisions of Article 17‐5) after receiving the Class B fire
defense equipment officer’s license.
(iii)
A person specified by an ordinance of the Ministry of Internal Affairs and Communica‐
tions as a person equivalent to any of the persons listed in the two preceding items.
(5) In addition to the matters prescribed in each of the preceding paragraphs, the examination
subjects, procedures to take the examinations and other details concerning the implementa‐tion of the fire defense equipment officer’s qualification examination shall be prescribed byan ordinance of the Ministry of Internal Affairs and Communications.
(Entrustment of Fire Defense Equipment Officer’s Qualification Examination Affairs)
Article 17‐9
A prefectural governor may make a body which is designated by the Minister ofInternal Affairs and Communications conduct the affairs relating to the implementation offire defense equipment officer’s qualification examinations.
(2) The designation pursuant to the provisions of the preceding paragraph shall be made upon
application by a body which intends to conduct the affairs relating to the implementation offire defense equipment officer’s qualification examinations.
(3) When a prefectural governor makes a body which is designated by the Minister of Internal
Affairs and Communications conduct the affairs relating to the implementation of fire de‐fense equipment officer’s qualification examinations pursuant to the provisions of the pre‐ceding paragraph, he/she shall not conduct the affairs relating to the implementation of fire
defense equipment officer’s qualification examinations.
(4) The provisions of Article 13‐6 shall be applied mutatis mutandis to the designation pursuant
to the provisions of paragraph (1), the provisions of Article 13‐7, Article 13‐9 through Article
13‐18 and Article 13‐22 to a body designated pursuant to the provisions of the said para‐graph, the provisions of Article 13‐8, Article 13‐19 and Article 13‐20 to the prefectural gover‐nor who has decided to make a body which is designated by the Minister of Internal Affairs
and Communications conduct the affairs relating to the implementation of fire defense
equipment officer’s qualification examinations pursuant to the provisions of the said para‐graph, and the provisions of Article 13‐21 to the transfer of the affairs relating to the fire de‐fense equipment officer’s qualification examinations and other necessary matters respective‐
ly. In these cases, the words “hazardous materials engineer’s qualification examination af‐
fairs” in these provisions shall be deemed to be replaced by “affairs relating to the imple‐
mentation of fire defense equipment officer’s qualification examinations”, “paragraph (2) of
the preceding article” in Article 13‐6 by “Article 17‐9 paragraph (2)”, “Article 13‐5 paragraph42

Fire Service Act (Article 17‐9~17‐14)(1)” in Article 13‐7 paragraph (1) and paragraph (2) and Article 13‐8 paragraph (1) by “Arti‐cle 17‐9 paragraph (1)”, “examiners for the qualification examinations for hazardous materi‐als engineers” in Article 13‐10 and Article 13‐11 paragraph (1) by “examiners for the fire de‐fense equipment officer’s qualification examinations”, “Article 13‐5 paragraph (1)” in Article
13‐13 paragraph (1) and Article 13‐18 paragraph (2) item (v) by “Article 17‐9 paragraph (1)”and “Article 13‐5 paragraph (3)” in Article 13‐20 paragraph (1) by “Article 17‐9 paragraph(3)” respectively.
(Training Sessions for Fire Defense Equipment Officers)
Article 17‐10Fire defense equipment officers shall undergo training sessions on the installa‐tion or improvement of the subject equipment for installation or improvement work con‐ducted by the prefectural governor (including the mayor of municipality or other agencies
designated by the Minister of Internal Affairs and Communications) in accordance with an
ordinance of the Ministry of Internal Affairs and Communications.
(Fee)
Article 17‐11
A person who intends to undergo training sessions on the installation or im‐
provement of the subject equipment for installation or improvement work to be conductedby a body which is designated by the Minister of Internal Affairs and Communications pur‐suant to the provisions of the preceding paragraph but which is not the mayor of municipal‐
ity (hereinafter referred to as “a designated training body” in this article), he/she shall pay afee, the amount of which is prescribed by a cabinet order in consideration of the actual ex‐pense, to the said designated training body.
(2) The fee paid to a designated training body pursuant to the preceding paragraph shall be‐come the income of the designated training body.
(3) When the prefectural government collects the fee regarding the examination for fire equip‐
ment engineers pursuant to the provisions of Article 227 of the Local Government Act, it
may make such a person intending to take the examination for fire equipment engineers to
be conducted by a body designated under the Provisions of Article 17‐9 paragraph (1) (here‐
inafter referred to as “a designated qualification examination body” in this paragraph) pay
the said fee to the said designated qualification examination body as prescribed by a prefec‐
tural ordinance, making the said fee the income of the said body.
(Duties of Fire Defense Equipment Officers)
Article 17‐12Fire defense equipment officers shall faithfully perform their duties and shallendeavour to improve the quality of the subject equipment for installation or improvement
work.
(Obligation to Carry a Fire Defense Equipment Officer’s License Card)
Article 17‐13
A fire defense equipment officer shall carry a fire defense equipment officer’s
license card during the execution of his/her duties.
(Notification of Installation Work)
Article 17‐14
When a Class A fire defense equipment officer intends to perform the work pre‐scribed by a cabinet order pursuant to the provisions of Article 17‐5, he/she shall notify thetype(s) of the subject equipment for installation or improvement work, site of the work andother necessary matters to the fire chief or fire station chief pursuant to the provisions of an
ordinance of the Ministry of Internal Affairs and Communications no later than 10 days be‐fore the commencement of the work.

43

Fire Service Act (Article 18~21‐2)(Prohibition of Indiscriminate Use of Fire Defense Facilities)
Article 18
No person shall indiscriminately use, damage or remove or interfere with thelegitimate use of a fire alarm system, fire hydrant, water storage facility used for fire defense
or watchtower or alarm bell tower used for fire defence.
(2) No person shall indiscriminately use the fire defense signals prescribed by an ordinance ofthe Ministry of Internal Affairs and Communications or similar signals.
Article 19

Deleted(Standards for Water Sources for Fire Defense and Obligation to Install Fire Water Source
Facilities)
Article 20
The standards for water sources necessary for fire defense shall be recommend‐
ed by the Fire and Disaster Management Agency.
(2) Fire water source facilities necessary for fire defense shall be installed, maintained and man‐aged by the relevant municipality. However, water service lines shall be installed, main‐tained and managed by the administrator of the said water service lines.
(Designated Fire Water Sources)
Article 21
The fire chief or fire station chief may designate ponds, fountains, wells, water
cisterns and other water sources available for fire defense as fire water sources with the con‐sent of their owner, administrator or possessor, and maintain them in serviceable conditions
all the time.
(2) The fire chief or fire station chief shall erect, as prescribed by an ordinance of the Ministry ofInternal Affairs and Communications, signs at the designated fire water sources pursuant to
the provisions of the preceding paragraph.
(3) A person who intends to change or remove a fire water source in paragraph (1) or make its
conditions unserviceable shall notify the matter in advance to the competent fire chief or firestation chief.

CHAPTER 4-2

Section 1

INSPECTION, ETC. OF A MACHINE, APPLIANCE, ETC. USEDFOR FIRE DEFENSE

Inspection of a Machine, Appliance, etc. Subject to Inspection(Inspection)
Article 21‐2
Among machines or appliances or equipment, fire extinguishing agents or fire
retardant paints, fire retardant liquids and other retardants (hereinafter referred to as a “ma‐chine, appliance, etc. used for fire defense”), those prescribed by a cabinet order, which may
seriously hinder acts of preventing fire, guarding against fire, extinguishing fire or rescuing
human lives, etc. when they do not have a certain shape, structure, materials, constituentsand performance (hereinafter referred to as the “shape, etc.”) and the advance inspection ofwhich is considered necessary to ensure their possession of the said shape, etc. in view of
their usage (hereinafter referred to as a “machine, appliance, etc. subject to inspection”) shallbe inspected pursuant to the provisions of this section.
(2) The term “type approval” in this section means approval that the shape, etc. pertaining to
the type of a machine, appliance, etc. subject to inspection conforms to the technical stand‐ards pertaining to a machine, appliance, etc. subject to inspection as prescribed by an ordi‐
nance of the Ministry of Internal Affairs and Communications.
(3) The term “type conformity inspection” in this section means the inspection performed by
44

Fire Service Act (Article 21‐2~21‐5)
the method prescribed by an ordinance of the Ministry of Internal Affairs and Communica‐
tions to check whether or not the shape, etc. of a machine, appliance, etc. subject to inspec‐tion conforms to the shape, etc. pertaining to the type of a machine, appliance, etc. subject toinspection which has been granted type approval.
(4) No machine, appliance, etc. subject to inspection shall be neither sold nor displayed for saleunless an indication under the provisions of Article 21‐9 paragraph (1) (including the casewhere it is applied mutatis mutandis to Article 21‐11 paragraph (3); the same shall apply here‐
inafter in this paragraph) is attached, and machine, appliance or equipment used for fire de‐fense among machines, appliances, etc. subject to inspection shall not be used for work per‐taining to a contract for their installation, change or repair unless an indication under theprovisions of Article 21‐9 paragraph (1) is attached.
(Type Approval)
Article 21‐3
A person who intends to obtain type approval shall have the test pertaining to amachine, appliance, etc. subject to inspection to be conducted by the Japan Fire Equipment
Inspection Institute (hereinafter referred to as “the Institute” in this section) or a juridical
person registered by the Minister of Internal Affairs and Communications.
(2) A person who intends to have the test under the preceding paragraph shall, as prescribed byan ordinance of the Ministry of Internal Affairs and Communications, submit an application
form to the Institute or a juridical person registered pursuant to the provisions of the said par‐agraph accompanied by a sample of a machine, appliance, etc. subject to inspection and doc‐
uments as prescribed by an ordinance of the Ministry of Internal Affairs and Communications.
(3) Upon receipt of the application referred to in the preceding paragraph, the Institute or a ju‐
ridical person registered pursuant to the provisions of paragraph (1) shall test a machine,
appliance, etc. subject to inspection pertaining to the said application based on the technicalstandards prescribed in paragraph (2) of the preceding article, and notify the test results andits own opinions on these results to the person who made the application set forth in thepreceding paragraph as prescribed by an ordinance of the Ministry of Internal Affairs andCommunications.
(Application for Type Approval)
Article 21‐4
When a person who has been notified of the test results under paragraph (3) of
the preceding article [including the case where it is applied mutatis mutandis to Article 21‐11
paragraph (3)] intends to obtain type approval, he/she shall submit an application form to
the Minister of Internal Affairs and Communications accompanied by the documents de‐scribing the results of the said test and opinions as prescribed by an ordinance of the Minis‐try of Internal Affairs and Communications.
(2) Upon receipt of an application under the preceding paragraph, the Minister of Internal Affairs
and Communications shall use the document describing the test results and opinions to exam‐
ine whether or not the shape, etc. pertaining to the type of a machine, appliance, etc. subject toinspection pertaining to the said application conforms to the technical standards prescribed in
Article 21‐2 paragraph (2) and, shall grant type approval with regard to the said type if thesaid shape, etc. conforms to the technical standards prescribed in the said paragraph.
(3) When the Minister of Internal Affairs and Communications grants type approval pursuant
to the provisions of the preceding paragraph, he/she shall notify the person who made theapplication under paragraph (1) and also publicly notify to that effect.
(Nullification of Type Approval Pertaining to Change of the Technical Standards)
Article 21‐5
When the Minister of Internal Affairs and Communications finds that the shape,
etc. pertaining to the type of a machine, appliance, etc. subject to inspection for which type45

Fire Service Act (Article 21‐5~21‐8)
approval has already been granted does not conform to the technical standards prescribed in
Article 21‐2 paragraph (2) after a revision of the said technical standards prescribed in thesaid paragraph, he/she shall immediately nullify the effect of the said type approval or shallnullify the effect of the said type approval after a certain period of time.
(2) When the Minister of Internal Affairs and Communications nullifies the effect of the typeapproval pursuant to the provisions of the preceding paragraph or when he/she decides tonullify the effect of the type approval after a certain period of time, he/she shall publicly no‐tify to that effect and also notify the person who obtained the type approval in question.
(3) The disposition made under the provisions of paragraph (1) shall become effective following
the public notification made under the provisions of the preceding paragraph.
(Nullification of Type Approval Dishonestly Obtained)
Article 21‐6
When a person who has obtained type approval falls under any of the following
items, the Minister of Internal Affairs and Communications may nullify the effect of the said
type approval.
(i)
A person who has obtained the said type approval by dishonest means.
(ii)
A person who has, without justifiable reason, failed to make an application for typeconformity inspection of a machine, appliance, etc. subject to inspection for which thesaid type approval was granted within two years of the day receiving the notification of
the granting of that said type approval or who has failed to make such application for
two consecutive years or more.
(2) The provisions of paragraph (2) of the preceding article shall apply mutatis mutandis to thenullification of effect of the type approval pursuant to the provisions of the preceding para‐graph, and the provisions of paragraph (3) of the said article shall apply mutatis mutandis tothe effectuation of a disposition under the provisions of the preceding paragraph.
(Application Procedure for Type Conformity Inspection)
Article 21‐7
When a person who has obtained type approval pursuant to the provisions ofArticle 21‐4 paragraph (2) intends to make a machine, appliance, etc. subject to inspection
pertaining to the said type approval undergo the type conformity inspection, he/she shall, asprescribed by an ordinance of the Ministry of Internal Affairs and Communications, apply to
the Institute or a registered juridical person which has conducted the test for a machine, ap‐
pliance, etc. subject to inspection pertaining to the said type approval among the registeredjuridical persons under the provisions of Article 21‐3 paragraph (1).
(Passing of Type Conformity Inspection)
Article 21‐8
Upon receipt of an application under the preceding article, the Institute or a reg‐istered juridical person under the provisions of Article 21‐3 paragraph (1) shall conduct thetype conformity inspection of a machine, appliance, etc. subject to inspection pertaining to
the said application and, if the shape, etc. of a machine, appliance, etc. subject to inspection
pertaining to the said application conforms to that of a machine, appliance, etc. subject to in‐spection of which the type is approved pursuant to the provisions of Article 21‐4 paragraph(2), the Institute or a registered juridical person shall make a machine, appliance, etc. subject
to inspection pertaining to the said application pass the type conformity inspection.
(2) The Institute or a registered juridical person under the provisions of Article 21‐3 paragraph(1) may cancel the decision to pass a machine, appliance, etc. subject to inspection which has
passed the type conformity inspection referred to in the preceding paragraph by dishonestmeans.
(3) When having cancelled a decision to pass pursuant to the provisions of the preceding para‐graph, the Institute or a registered juridical person under the provisions of Article 21‐3 pa‐
46

Fire Service Act (Article 12‐8~21‐11)
ragraph (1) shall report to the Minister of Internal Affairs and Communications together withthe reasons for cancellation without delay and publicly notify to that effect and shall also noti‐
fy the person who had undergone the type conformity inspection pertaining to a machine, ap‐
pliance, etc. subject to inspection for which the said decision to pass had been cancelled.
(Indication of Passing)
Article 21‐9
The Institute or a registered juridical person under the provisions of Article 21‐3
paragraph (1) shall, as prescribed by an ordinance of the Ministry of Internal Affairs andCommunications, attach an indication that the type of a machine, appliance, etc. subject toinspection has obtained type approval pursuant to the provisions of Article 21‐4 paragraph(2) and that the said machine, appliance, etc. subject to inspection has also passed the typeconformity inspection pursuant to the provisions of paragraph (1) of the preceding article toa machine, appliance, etc. subject to inspection which has passed the type conformity inspec‐tion pursuant to the provisions of paragraph.(1) of the preceding article.
(2) Except in those cases referred to in the preceding paragraph, no person shall attach an indi‐
cation referred to in the said paragraph or an indication that may be confused with indica‐tion referred to in the said paragraph to a machine, appliance, etc. used for fire defense.
(Effect of Nullification of Type Approval)
Article 21‐10
When the effect of type approval has been nullified due to a disposition to nulli‐
fy the effect of type approval under the provisions of Article 21‐5 paragraph (1), expirationof the period prescribed in the said paragraph or a disposition under the provisions of Arti‐cle 21‐6 paragraph (1), the effect of pass in the type conformity inspection already conductedby the Institute or a registered juridical person under the provisions of Article 21‐3 para‐graph (1) in relation to a machine, appliance, etc. subject to inspection pertaining to the said
type approval shall be nullified.
(Inspection by Minister of Internal Affairs and Communications)
Article 21‐11
In the case where the Institute or a registered juridical person under the provi‐sions of Article 21‐3 paragraph (1) finds it difficult to conduct operations relating to the test‐
ing or type conformity inspection of a machine, appliance, etc. subject to inspection because
it has lost whole or part of the functions to conduct such testing or type conformity inspec‐tion, if the Minister of Internal Affairs and Communications finds it especially necessary,he/she may conduct the testing of a machine, appliance, etc. subject to inspection based on
an application by a person who intends to obtain the type approval or type conformity in‐spection of a machine, appliance, etc. subject to inspection based on the application by a per‐son who has obtained the type approval and intends to have type conformity inspection.
(2) When the Minister of Internal Affairs and Communications conducts the test or type con‐formity inspection pursuant to the provisions of the preceding paragraph, he/she shall pub‐
licly notify in advance the type of a machine, appliance, etc. subject to inspection which will
receive the said test or type conformity inspection and the period in which the said test or
type conformity inspection is to be conducted.
(3) The provisions of Article 21‐3 paragraph (2) and paragraph (3) shall apply mutatis mutandis
to the case where the Minister of Internal Affairs and Communications conducts the test
pursuant to the provisions of paragraph (1), the provisions of Article 21‐7, Article 21‐8 and
Article 21‐9 shall apply mutatis mutandis to the case where the Minister of Internal Affairs
and Communications conducts the type conformity inspection of a machine, appliance, etc.
subject to inspection pursuant to the provisions of the said paragraph and the provisions of
the preceding article shall apply mutatis mutandis to the effect of pass in the type conformity
inspection conducted by the Minister of Internal Affairs and Communications pursuant to47

Fire Service Act (Article 21‐11~21‐14)
the provisions of the said paragraph.
(4) The Institute shall not be able to conduct the test or type conformity inspection for the typeof a machine, appliance, etc. subject to inspection publicly notified pursuant to theprovisions of paragraph (2) during the period publicly notified pursuant to the provisions of
the said paragraph.
(Removal of Indication or Cancellation Mark)
Article 21‐12
When any machine, appliance, etc. subject to inspection for which the decision
to make it pass the type conformity inspection is cancelled pursuant to the provisions of Ar‐
ticle 21‐8 paragraph (2) (including the case where it is applied mutatis mutandis to paragraph(3) of the preceding article) or of which the effect of pass in the type conformity inspection
has been lost pursuant to the provision of Article 21‐10 (including the case where it is ap‐
plied mutatis mutandis to paragraph (3) of the preceding article) among machines, applianc‐es, etc. subject to inspection for which the indication pursuant to the provisions of Article 21‐
9 paragraph (1) is attached or any machine, appliance, etc. used for fire defense to which theindication under the Article 21‐9 paragraph (1) (including the case where it is applied mutatis
mutandis to paragraph (3) of the preceding article; the same shall apply hereinafter in this ar‐
ticle) is attached without complying with the provisions of the said paragraph or to which
an indication which may be confused with the indication referred to in the said paragraph is
attached is found to be stored at an office, place of business or warehouse of a person en‐
gaged in the business of selling a machine, appliance, etc. used for fire defense or a contrac‐
tor for the work pertaining to installation, change or repair of a machine, appliance, etc. used
for fire defense or similar equipment (hereinafter referred to as the “dealer, etc.”), the Minis‐
ter of Internal Affairs and Communications may have his/her official to remove the said in‐
dication or place a cancellation mark on it.
(Order to Recall a Machine, Appliance, etc. Used for Fire Defense Failed in Inspection)
Article 21‐13
When the Minister of Internal Affairs and Communications finds it especiallynecessary for the purpose of preventing the occurrence of a serious hindrance in the casewhere he/she finds that such a serious hindrance to the acts of preventing fire, guarding
against fire, extinguishing fire or rescuing human lives, etc. could occur due to a reason
listed under each of the following items, he/she may order the dealer, etc. prescribed in each of
the said items to take the necessary measures to prevent the occurrence of a serious hindrance
to the acts of preventing fire, guarding against fire, extinguishing fire or rescuing human lives,
etc. due to the lack of a certain shape, etc. on the part of a machine, appliance, etc. subject to in‐spection, including the recall of the said machine, appliance, etc. subject to inspection.
(i)
In violation of the provisions of Article 21‐2 paragraph (4), the dealer, etc. has sold amachine, appliance, etc. subject to inspection or has used machine, appliance or equip‐
ment used for fire defense among machines, appliances, etc. subject to inspection forwork pertaining to a contract for installation, change or repair.
(ii)
The decision to make a machine, appliance, etc. subject to inspection sold by the dealer,etc. or machine, appliance or equipment used for fire defense among machines, appli‐
ances, etc. subject to inspection used by the dealer, etc. for work pertaining to a contractfor installation, change or repair has been cancelled pursuant to the provision of Article
21‐8 paragraph (2) [including the case where it is applied mutatis mutandis to Article 21‐
11 paragraph (3)].
(Request for a Report, Inspection and Questioning)
Article 21‐14
Within the limit necessary to exercise the authority under the provisions of thetwo preceding articles, the Minister of Internal Affairs and Communications may have the48

Fire Service Act (Article 21‐14~21‐16‐3)
dealer, etc. submit a report concerning the latter’s business or have his/her official enter anoffice, place of business or warehouse of the dealer, etc. to inspect a machine, appliance, etc.
used for fire defense, books, documents and other objects or to question the persons con‐cerned.
(2) When making an entry pursuant to the provisions of the preceding paragraph, the official
referred to in the preceding paragraph shall present his/her identification card to the persons
concerned.
(3) The authority for the on‐site inspection pursuant to the provisions of paragraph (1) shall not
be construed as approved for criminal investigation.
(Fee)
Article 21‐15
A person who intends to have the test or type conformity inspection conductedby the Minister of Internal Affairs and Communications pursuant to the provisions of Article
21‐11 paragraph (1) shall pay a fee, the amount of which is prescribed by a cabinet order inconsideration of the actual expense, as prescribed by a cabinet order.
(2) The fee in the preceding paragraph pertaining to the test or type conformity inspection con‐ducted by the Minister of Internal Affairs and Communications shall become the revenue ofthe national treasury.
(Application for Review)
Article 21‐16
A person who is dissatisfied with the disposition concerning the type conformity
inspection conducted by the Institute or a registered juridical person under the provisions ofArticle 21‐3 paragraph (1) may make an application for review to the Minister of Internal Af‐
fairs and Communications under the Administrative Appeal Act.
Section 2

Indication, etc. of a Machine, Appliance, etc. Subject to Voluntary Indication(Restriction on Indication, etc. of a Machine, Appliance, etc. Subject to Voluntary Indication)
Article 21‐16‐2 Among machines, appliances, etc. used for fire defense other than a machine,
appliance, etc. subject to inspection, those which may seriously hinder the prevention of fire,guarding against fire, extinguishing of fire or rescuing of human lives when they do notpossess a certain shape, etc. and which are prescribed by a cabinet order (hereinafter re‐ferred to as a “machine, appliance, etc. subject to voluntary indication”) shall not be sold or
displayed for sale unless they have an indication set forth in the provisions of paragraph (1)of the following article and, machine, appliance or equipment used for fire defense among
machines, appliances, etc. subject to voluntary indication shall not be used for work pertain‐
ing to a contract for installation, change or repair unless an indication prescribed in the pro‐visions of the said paragraph is attached to them.
(Indication of Conformity to Technical Standards)
Article 21‐16‐3 A person who is by profession a manufacturer or importer of a machine, appli‐
ance, etc. subject to voluntary indication shall conduct an inspection using a method speci‐
fied by an ordinance of to the Minister of Internal Affairs and Communications to determine
whether or not the shape, etc. of a machine, appliance, etc. subject to voluntary indication
conforms to the technical standards prescribed by an ordinance of the Ministry of Internal
Affairs and Communications pertaining to a machine, appliance, etc. subject to voluntary
indication and, may attach an indication indicating the conformity to the said technicalstandards if the shape, etc. is found to conform to the said technical standards to be pre‐scribed by an ordinance of the Ministry of Internal Affairs and Communications .
(2) No person shall attach the indication referred to in the preceding paragraph to a machine, ap‐49

Fire Service Act (Article 21‐16‐3~21‐16‐7)
pliance, etc. used for fire defense except the case prescribed in the preceding paragraph or at‐tach an indication which may be confused with indication referred to in the said paragraph.
(3) A person who is by profession a manufacturer or importer of a machine, appliance, etc. sub‐ject to voluntary indication shall prepare records pertaining to the inspection of a machine,
appliance, etc. subject to voluntary indication in paragraph (1) and store them.
(Obligation to Notify the Minister of Internal Affairs and Communications)
Article 21‐16‐4 When a person who is by profession a manufacturer or importer of a machine,
appliance, etc. subject to voluntary indication intends to attach the indication in paragraph(1) of the preceding article to the said machine, appliance, etc. subject to voluntary indica‐tion, he/she shall notify the matters listed below to the Minister of Internal Affairs andCommunications in advance as specified by an ordinance of the Ministry of Internal Affairs
and Communications.
(i)His/her name and address, and in the case of a juridical, the name of its representative.
(ii)
Types of the said machine, appliance, etc. subject to voluntary indication and other mat‐ters prescribed by an ordinance of the Ministry of Internal Affairs and Communications.
(2) When a change is made to the matter listed in each item of the preceding paragraph or thebusiness of manufacturing or importing a machine, appliance, etc. subject to voluntary indi‐
cation is abolished, the person who made the notification pursuant to the provisions of thepreceding paragraph shall notify the Minister of Internal Affairs and Communications tothat effect without delay as specified by an ordinance of the Ministry of Internal Affairs andCommunications.
(Removal of Indication)
Article 21‐16‐5 Among machines, appliances, etc. used for fire defense to which the indicationprescribed in Article 21‐16‐3 paragraph (1) is attached without following the provisions of
the said paragraph or which has an indication which may be confused with that prescribedin the said paragraph, the Minister of Internal Affairs and Communications may order the
dealer, etc. to remove the indication or to place a cancellation mark on such fire equipment,
etc. which is stored in the office, place of business or warehouse of the dealer, etc.
(Order to Recall a Machine, Appliance, etc. Subject to Voluntary Indication Not Conforming
to the Standards)
Article 21‐16‐6 When the Minister of Internal Affairs and Communications finds it especially nec‐
essary for the purpose of preventing the occurrence of a serious hindrance in the case where
he/she finds that such serious hindrance to the acts of preventing fire, guarding against fire,
extinguishing fire or rescuing human lives, etc. could occur due to the sale of a machine, ap‐
pliance, etc. subject to voluntary indication or the use of machine, appliance or equipmentused for fire defense among machines, appliances, etc. subject to voluntary indication for work
pertaining to a contract for installation, change or repair by the dealer, etc. in violation of theprovisions of Article 21‐16‐2, he/she may order the said dealer, etc. to take the necessary
measures to prevent the occurrence of a serious hindrance to the acts of preventing fire, guard‐
ing against fire, extinguishing fire or rescuing human lives, etc. due to the lack of a certain
shape, etc. on the part of a machine, appliance, etc. subject to voluntary indication, including
the recall of the said machine, appliance, etc. subject to voluntary indication.
(Request for a Report, On-Site Inspection and Questioning)
Article 21‐16‐7 Within the limit necessary to exercise the authority under the provisions of thetwo preceding articles, the Minister of Internal Affairs and Communications may have thedealer, etc. submit a report concerning the latter’s business or have his/her official enter an
50

Fire Service Act (Article 21‐16‐7~21‐21)
office, place of business or warehouse of the dealer, etc. to inspect a machine, appliance, etc.
used for fire defense, books, documents and other objects or to question the persons con‐cerned.
(2) When making an entry pursuant to the provisions of the preceding paragraph, the official
referred to in the preceding paragraph shall present his/her identification card to the persons
concerned.
(3) The authority for the on‐site inspection pursuant to the provisions of paragraph (1) shall not
be construed as approved for criminal investigation.

CHAPTER 4-3
Section 1

JAPAN FIRE EQUIPMENT INSPECTION INSTITUTE, ETC.

Japan Fire Equipment Inspection Institute

Sub‐Section 1

General Provisions(Purpose of the Japan Fire Equipment Inspection Institute)
Article 21‐17
The purpose of the Japan Fire Equipment Inspection Institute is to conduct thetesting and type conformity inspection (type conformity inspection prescribed in Article 21‐2
paragraph (2): the same shall apply hereinafter) of a machine, appliance, etc. subject to in‐spection, evaluation of the performance of special fire defense equipment, etc., research, in‐vestigation, testing, etc. concerning a machine, appliance, etc. used for fire defense., thereby
contributing to alleviation of damage caused by a fire or other disaster.
(Organization of the Institute)
Article 21‐18
The Japan Fire Equipment Inspection Institute (hereinafter referred to as “theInstitute” in this section) shall be a juridical person.
(Office)
Article 21‐19
The Institute shall establish its principal office in Tokyo.
(2) The Institute shall establish branch offices in the necessary places.
(Articles of Incorporation)
Article 21‐20
The articles of incorporation of the Institute shall specify the following matters.
(i)
Purpose
(ii)
Name
(iii)
Location of the office(iv)
Set number, term of office and appointment method of officers and other matters con‐cerning officers(v)
Matters concerning the board of councillors(vi)
Matters concerning the operations and their execution(vii)
Matters concerning finance and accounting(viii) Matters concerning any amendment of the articles of incorporation(ix)
Methods of issuing a public notice(2) The prepared or amended articles of incorporation shall not be effective without obtaining
the approval of the Minister of Internal Affairs and Communications.
(Registration)
Article 21‐21
The Institute shall be registered pursuant to the provisions of a cabinet order.
(2) The matters to be registered pursuant to the provisions of the preceding paragraph may not
51

Fire Service Act (Article 21‐21~21‐29)
be asserted against a third person until after a registration being completed.
(Monopoly of Name)
Article 21‐22
No person other than the Institute shall use the name “Japanese Fire Equipment
Inspection Institute”.
(Application Mutatis Mutandis of the Provisions of Act on General Incorporated Associations and General Incorporated Foundations)
Article 21‐23
The provisions of Article 4 and Article 78 of the Act on General Incorporated As‐
sociations and General Incorporated Foundations shall apply mutatis mutandis to the Institute.
Sub‐Section 2

Officers(Officers)
Article 21‐24

The Institute shall have a president, directors and an auditor(s) as its officers.

(Duties of Officers)
Article 21‐25
The president shall represent the Institute and preside over its operations.
(2) The directors shall assist, as specified by the president, the president in managing the opera‐
tions of the Association, deputize for the president to exercise his/her duties when he/she isunable to perform his/her duties and perform his/her duties when the post of the president
is vacant.
(3) The auditor shall audit the operations of the Association.
(4) The auditor may submit his/her opinions to the president or the Minister of Internal Affairs
and Communications when they find such submission necessary based on the audit results.
(Validity of Appointment and Dismissal of Officers)
Article 21‐26
The election and dismissal of officers shall not be effective without obtaining theapproval of the Minister of Internal Affairs and Communications.
(Ineligibility as Officer)
Article 21‐27
A person falling under any of the following items is ineligible for the post of of‐ficer.
(i)
An employee of the government or a local government (excluding a part‐time employee
thereof)(ii)
Dealers, etc. or, if the person concerned is a juridical person, an officer thereof (includ‐ing a person with the same or higher authority or controlling power than an officer re‐
gardless of his/her job title).
(iii)
An officer of an association of dealers, etc. (including a person with the same or higher
authority or controlling power than an officer regardless of his/her job title).
(Dismissal of an Officer)
Article 21‐28
When an officer has become to fall under any of the items of the preceding arti‐cle, the Institute shall dismiss such officer.
(Order to Dismiss an Officer)
Article 21‐29
When an officer has committed an act violating this Act (including an order or
disposition based on this Act), the articles of incorporation or the statement of operation
procedures or a considerably improper act concerning the operations of the Institute, theMinister of Internal Affairs and Communications may specify a period and order the Insti‐
52

Fire Service Act (Article 21‐29~21‐36)tute to dismiss the said officer within the specified period.
(2) If the Institute has failed to dismiss an officer when he/she falls under any of the items of
Article 21‐27 or if the Institute has failed to comply with the order issued pursuant to theprovision of the preceding paragraph, the Minister of Internal Affairs and Communications
may dismiss the officer in question.
(Detachment from a Profit-Making Organization, etc.)
Article 21‐30
An officer shall neither become an officer of a profit‐making organization nor
engaged in a profit‐making business; provided, however, this restriction shall not apply to apart‐time officer who has obtained the approval of the Minister of Internal Affairs andCommunications.
(Restriction of Representative Power of the President)
Article 21‐31
The president shall have no representation power with regard to matters where
the interests of the Association and those of the president conflict with each other. In thiscase, the auditor shall represent the Association.
(Appointment of an Agent)
Article 21‐32
The president may appoint an agent with the authority to perform all judicial or
non‐judicial acts concerning the operations of secondary offices of the Institute from among
the directors or staff members of the Institute.
(Board of councillors)
Article 21‐32‐2 The Association shall establish a board of councillors as an organ to deliberate
on important matters concerning the administration of the Association.
(2) The board of councillors shall consist of up to 10 members.
(3) Members of the board of councillors shall be appointed by the president with the approvalof the Minister of Internal Affairs and Communications from among persons with the neces‐sary knowledge and experience for the proper operation of the Institute.
(Appointment of Staff Members)
Article 21‐33
Staff members of the Institute shall be appointed by the president.
(Obligation Not to Disclose Secrets)
Article 21‐34
Officers and staff members of the Association and those who have previously
held such positions shall neither disclose nor misappropriate any secrets to which they havebecome party to in the course of their duties.
(Statuses of Officers and Staff Members Liable to Penal Provisions)
Article 21‐35
Officers and staff members of the Association shall be deemed to be personnel
engaged in public service under laws and regulations with regard to the application of thePenal and other penal provisions.
Sub‐Section 3

Operations(Operations of the Institute)
Article 21‐36
In order to achieve the purpose prescribed in Article 21‐17, the Institute shallconduct the following operations.
(i)
To conduct testing of a machine, appliance, etc. subject to inspection pursuant to theprovisions of Article 21‐3.
53Fire Service Act (Article 21‐36~21‐40)
(ii)
(iii)

To conduct type conformity inspections pursuant to the provisions of Article 21‐8.
To evaluate the performance of special fire defense equipment, etc. pursuant to theprovisions of Article 17‐2 paragraph (1).
(iv)
To submit its opinions on technical matters regarding a machine, appliance, etc. subject
to inspection to the Minister of Internal Affairs and Communications.
(v)
To conduct research, investigations and tests concerning a machine, appliance, etc. used
for fire defense(vi)
To appraise a machine, appliance, etc. used for fire defense upon request(vii)
To conduct operations which are incidental to the operations listed in each of the pre‐ceding items(viii) To perform the necessary operations to achieve the purpose described in Article 21‐17
in addition to those listed in each of the preceding items(2) When the Association intends to conduct the operations listed in item (viii) of the preceding
paragraph, it must obtain an approval of the Minister of Internal Affairs and Communications.
(3) In addition to the operations in paragraph (1), the Association may, within the scope of not
disrupting the smooth execution of the said operations, conduct such operations as research,
investigation, testing, etc. utilising the machines and equipment or technology it owns forthe purpose of performing operations referred in the said paragraph with the relevant ap‐
proval of the Minister of Internal Affairs and Communications.
(Statement of Operational Procedures)
Article 21‐37
At the time of commencing its operations, the Institute shall prepare a statementof operational procedures and shall have it approved by the Minister of Internal Affairs andCommunications. The same shall apply when the Institute intends to amend the said state‐ment of operational procedures.
(2) The matters to be written in the statement of operational procedures referred to in the pre‐ceding paragraph shall be prescribed by an ordinance of the Ministry of Internal Affairs andCommunications.
Sub‐Section 4

Finance and Accounting(Business Year)
Article 21‐38
The business year of the Institute shall begin on April 1 every year and end on
March 31 of the following year.
(Approval of Preparation or Revision of Budget and Business Plan)
Article 21‐39
For each business year, the Institute shall prepare the budget and business planand obtain their approval of the Minister of Internal Affairs and Communications before thebeginning of the said business year. The same requirement shall apply when the Institute in‐tends to revise the budget and/or business plan.
(Submission of Financial Statements)
Article 21‐40
In each business year, the Institute shall prepare an inventory of assets, balance
sheet and profit and loss statement (referred to as “financial statements” in the following
paragraph) and shall submit them to the Minister of Internal Affairs and Communications
within three months of the end of the said business year.
(2) When submitting the financial statements to the Minister of Internal Affairs and Commu‐
nications pursuant to the provisions of the preceding paragraph, the Institute shall attach
thereto the business report for the said business year and the statement of accounts classified
by budgetary items together with the written opinions of the auditors concerning the finan‐
54

Fire Service Act (Article 21‐40~21‐45)
cial statements and statement of accounts.
(Delegation to an Ordinance of Ministry of Internal Affairs and Communications)
Article 21‐41
In addition to what is prescribed in this Act, the necessary matters concerning
the finance and accounting of the Institute shall be prescribed by an ordinance of the Minis‐try of Internal Affairs and Communications.
Sub‐Section 5

Supervision(Order of the Minister of Internal Affairs and Communications to Supervise Operations)
Article 21‐42
The Institute shall be supervised by the Minister of Internal Affairs and Com‐
munications.
(2) When the Minister of Internal Affairs and Communications finds it necessary for the en‐forcement of the provisions of this chapter, he/she may give the Institute orders which arenecessary to supervise the operations of the Institute.
(Request for a Report and On-Site Inspection, etc.)
Article 21‐43
When the Minister of Internal Affairs and Communications finds it necessary forthe enforcement of the provisions of this chapter, he/she may make the Institute report on its
operations or allow his/her official to enter the Institute’s offices or other places of businessto inspect the conditions of the operations or books, documents and other necessary objects.
(2) An officer who conducts the on‐site inspection pursuant to the provisions of the preceding
paragraph shall carry an identification card and show it to the person concerned.
(3) The authority for the on‐site inspection prescribed in paragraph (1) shall not be construed as
approved for criminal investigation.
Sub‐Section 6

Miscellaneous Provisions(Dissolution of the Institute)
Article 21‐44
The dissolution of the Institute shall be prescribed by law separately from this Act.
Section 2

Registered Inspection Body

(Registration)
Article 21‐45
A registration pursuant to the provisions of Article 17‐2 paragraph (1) or Article
21‐3 paragraph (1) (hereinafter referred to as simply “a registration” in this section) shall bemade for each category of operation listed below following an application by a juridical per‐son who intends to conduct the evaluation of the performance of special fire defense equip‐
ment, etc. and the testing and type conformity inspection of a machine, appliance, etc. sub‐ject to inspection (hereinafter referred to as “inspection, etc.” in this section).
(i)
Operation of evaluating the performance of special fire defense equipment, etc.
(ii)
Operation of testing and type conformity inspection of a machine, appliance, etc. sub‐ject to inspection pertaining to fire extinguishing(iii)
Operation of testing and type conformity inspection of a machine, appliance, etc. sub‐ject to inspection pertaining to fire detection and warning (excluding those listed in thepreceding item)(iv)
Operation of testing and type conformity inspection of a machine, appliance, etc. sub‐ject to inspection pertaining to rescuing of human lives and other machines, appliances,
etc. subject to inspection (excluding those listed in the two preceding items)

55

Fire Service Act (Article 21‐46)(Registration Conditions)
Article 21‐46
The Minister of Internal Affairs and Communications shall register a bodywhich has applied for a registration pursuant to the provisions of the preceding article (here‐
inafter referred to as a “registration applicant” in this paragraph), if the registration appli‐
cant satisfies the conditions listed in the following requirements. In this case, the necessary
procedure for a registration shall be prescribed by an ordinance of the Ministry of Internal
Affairs and Communications.
(i)A registration applicant employs a person who conforms to the conditions listed in thesecond column of Appended Table 2 in correspondence with the relevant type of opera‐tion listed in the first column of the said table.
(ii)
A registration applicant possesses the machine, appliance or other equipment listed in
the second column of Appended Table 3 in correspondence with the relevant type ofoperation listed in the first column of the said table.
(iii)
A registration applicant does not fall under any of the following sub‐items as a bodycontrolled by a business operator which designs, manufactures, processes, sells or dis‐
plays for the purpose of selling special fire defense equipment, etc. which is required toundergo performance evaluation pursuant to the provisions of Article 17‐2 paragraph(1) or a machine, appliance, etc. subject to inspection which is required to undergo test‐
ing pursuant to the provisions of Article 21‐3 paragraph (1) (hereinafter referred to as a“business operator” in this item and Article 21‐52 paragraph (3)).
(a) In the case of the registration applicant being a business corporation, the business oper‐
ator is its parent juridical person [parent juridical person prescribed in Article 879 para‐graph (1) of the Companies Act (Act No. 86 of 2005)].
(b) More than half of the officers [in the case of a membership company (meaning a mem‐bership company prescribed in Article 575 paragraph (1)), members executing business
operations] of the registration applicant are officers or staff members of the business
operator (including those who have been officers or staff members of the said business
operator in the previous two years).
(c) The officer with representative power for the registration applicant is an officer or staff
member (including a person who has been an officer or staff member of the business
operator in question in the previous two years) of the business operator.
(iv)
A registration applicant does conform to the following criteria which are necessary forthe proper execution of such operations as an inspection, etc.
(a) Assignment of a full‐time manager in the department performing such operations as aninspection, etc. for each category of operation listed in each of the preceding article(b) Preparation of documents concerning the management and assurance of the accuracyof such operations as an inspection, etc.
(c) Establishment of a department specialized in the management and assurance of the ac‐
curacy of such operations as an inspection, etc. in accordance with what are stated in
the documents listed in sub‐item (b)(2) When a juridical person making an application under the provisions of the preceding article
falls under one of the following items, the Minister of Internal Affairs and Communications
shall not register the said juridical person.
(i)
A juridical person where the juridical person itself or its officer was punished for viola‐tion of this Act or an order based on this Act and two years inclusive have not passed
since the day when its execution of the sentence was completed or became free from theexecution of the sentence(ii)
A juridical person of which the registration was cancelled under the provisions of Ar‐
ticle 21‐57 paragraph (1) or paragraph (2) and two years inclusive have not yet elapsed
since the date of the cancellation
56

Fire Service Act (Article 21‐46~21‐51)(iii)

A juridical person of which an officer conducting the operations was the officer who con‐ducted the operations of the said juridical person within thirty days prior to the cancella‐tion of the latter’s registration under the provisions of Article 21‐57 paragraph (1) or par‐agraph (2) and two years have not yet elapsed since the date of the cancellation(3) A registration shall be made by entering the following items in the registry of registered in‐spection bodies.
(i)
Date of a registration and the registration number(ii)
Name of the juridical person registered, name of its representative and location of theprincipal office(iii)
Category of operation registered(iv)
Location of the office where an inspection, etc. is conducted(Renewal of a Registration)
Article 21‐47
The effect of registration shall be lost unless renewal is made at an interval of notless than three years to be prescribed by a cabinet order because of the elapse of such period.
(2) A juridical person intending to renew its registration shall, as prescribed by a cabinet order,
pay a fee, the amount of which is prescribed by a cabinet order in consideration of the actual
expense, to the State.
(3) The provisions of the two preceding articles shall apply mutatis mutandis to the renewal of aregistration referred to paragraph (1).
(Public Notification)
Article 21‐48
When the Minister of Internal Affairs and Communications has made a registra‐tion, he/she shall publicly notify the matters listed in each of the items of Article 21‐46 para‐graph (3).
(2) When a registered juridical person (hereinafter referred to as a “registered inspection body”)
intends to change the matters listed in Article 21‐46 paragraph (3), item (ii) and item (iv), it
must notify the Minister of Internal Affairs and Communications to that effect no later than
two weeks prior to the day of the intended change.
(3) When the Minister of Internal Affairs and Communications receives a notification pursuant
to the provisions of the preceding paragraph, the Minister shall publicly notify to that effect.
(Inspection)
Article 21‐49
When a registered inspection body is requested to conduct an inspection, etc., itmust conduct the inspection, etc. without delay except when there is a justifiable reason.
(2) A registered inspection body shall conduct the inspection, etc. fairly using a method which
conforms to the technical standards to be specified by an ordinance of the Ministry of Inter‐
nal Affairs and Communications.
(Obligation of Officers and Staff Members Not to Disclose Secrets)
Article 21‐50
Officers and staff members of a registered inspection body and those who havepreviously held such positions shall neither disclose nor misappropriate any secrets towhich they have become party to in the course of their duties.
(2) Officers and staff members of a registered inspection body who are engaged in such opera‐
tions as an inspection, etc. shall be deemed to be personnel engaged in public service in theapplication of the penal provisions of the Criminal Act and other laws and regulations.
(Operational Rules)
Article 21‐51
A registered inspection body shall establish operational rules for matters, in‐cluding the method of conducting inspection, etc. and the fee for inspection, etc., concerning
57

Fire Service Act (Article 21‐51~21‐54)
the implementation of such operations as an inspection, etc. prescribed in an ordinance ofthe Ministry of Internal Affairs and Communications and shall obtain the approval of the
Minister of Internal Affairs and Communications. This requirement shall also apply when aregistered inspection body intends to revise any rule for these matters.
(2) When the Minister of Internal Affairs and Communications finds that the operational rules
approved by him/her pursuant to the provisions of the preceding paragraph have become
inappropriate for the proper and reliable execution of such operations as an inspection, etc.,
he/she may order the registered inspection body to change the operational rules.
(Approval of Preparation or Revision of Business Plan and Income and Expenditure Budget)
Article 21‐52
For each business year, a registered inspection body shall prepare a businessplan and an income and expenditure budget and shall have them approved by the Ministerof Internal Affairs and Communications before the beginning of the said business year(without delay from its registration in the case of a business year containing the date of reg‐istration). The same shall apply in the case where such a person intends to revise the planand/or budget.
(2) Within three months of the end of each business year, a registered inspection body shallprepare an inventory, balance sheet and profit and loss statement or statement of income
and expenditure and a business report for the said business year [including electromagnetic
records in the case where electromagnetic records (records prepared by an electronic meth‐od, a magnetic method or others, which cannot be recognised by human senses, for the pur‐pose of information processing by a computer; the same shall apply hereinafter in this arti‐cle) have been prepared in place of these documents; hereinafter referred to as “financial
statements, etc.” in the following paragraph and Article 46‐3] and submit them to the Minis‐
ter of Internal Affairs and Communications and keep them at the office for five years.
(3) A business operator or any other interested person shall be entitled to make a request listed
in each of the following items during the business hours of a registered inspection body;provided, however, for a request under item (ii) or item (iv), the fee set forth by the regis‐
tered inspection body must be paid.
(i)Request for perusal or copies when financial statements, etc. are prepared as docu‐
ments.
(ii)
Request for duplicates or extracts of the documents referred to in the preceding item.
(iii)
Request for perusal or copies of media showing the matters recorded in the electro‐
magnetic records using a method prescribed by an ordinance of the Ministry of Internal
Affairs and Communications when financial statements, etc. are prepared as electro‐
magnetic records.
(iv)
Request for the provision of the matters recorded in the electromagnetic records re‐ferred to in the preceding item in a form of an electromagnetic method prescribed by an
ordinance of the Ministry of Internal Affairs and Communications or the issue of doc‐
uments stating the matters in question.
(Preparation and Safe-Keeping of Books)
Article 21‐53
A registered inspection body shall, as specified by an ordinance of the Ministryof Internal Affairs and Communications, prepare and safe‐keep books recording those mat‐ters concerning such operations as an inspection, etc. prescribed by an ordinance of the Min‐
istry of Internal Affairs and Communications.
(Order to Take Necessary Measures)
Article 21‐54
When the Minister of Internal Affairs and Communications finds that a regis‐
tered inspection body does no longer conform to any of the items of Article 21‐46 paragraph58Fire Service Act (Article 21‐54~21‐57)(1), he/she may order the said registered inspection body to take the necessary measures tomake it to conform to these provisions.
(2) When the Minister of Internal Affairs and Communications finds that a registered inspection
body is in violation of the provisions of Article 21‐49, he/she may order the said registeredinspection body to conduct an inspection, etc. or to take the necessary measures concerning
the improvement of the method of the said inspection, etc. and other operational methods.
(Request for a Report and On-Site Inspection)
Article 21‐55
When the Minister of Internal Affairs and Communications finds it necessary forthe appropriate implementation of such operations as an inspection, etc., he/she may request
a registered inspection body to submit a necessary report concerning such operations as aninspection, etc. or allow his/her official to enter the office of the said registered inspection
body to inspect the situation of such operations as an inspection, etc. or equipment, books,
documents and other necessary objects.
(2) An officer who conducts the on‐site inspection pursuant to the provisions of the preceding
paragraph shall carry an identification card and show it to the person concerned.
(3) The authority for the on‐site inspection prescribed in paragraph (1) shall not be construed as
approved for criminal investigation.
(Suspension or Abolition of Operations)
Article 21‐56
A registered inspection body shall neither suspend nor abolish all or any part ofsuch operations as an inspection, etc. without a prior permission of the Minister of Internal
Affairs and Communications.
(2) When the Minister of Internal Affairs and Communications gives permission referred to in
the preceding paragraph, he/she shall publicly notify to that effect.
(Cancellation of Registration and Discontinuation of Operations)
Article 21‐57
When a registered inspection body has become to fall under Article 21‐46 para‐graph (2), item (i) or item (iii), the Minister of Internal Affairs and Communications shallcancel its registered status.
(2) When a registered inspection falls under any of the following items, the Minister of Internal
Affairs and Communications may cancel its registered status or issue an order to stop all orpart of such operations as an inspection, etc. for a specified period.
(i)When a registered inspection body has violated the provisions of Article 17‐2 throughArticle 17‐2‐4, Section 1 of the preceding chapter or this section.
(ii)
When a registered inspection body is deemed no longer to satisfy the conditions set
forth in the items of Article 21‐46 paragraph (1).
(iii)
When a registered inspection body has violated an order based on the provisions of Ar‐
ticle 21‐51 paragraph (2) or Article 21‐54.
(iv)
When a registered inspection body has conducted such operations as an inspection, etc.
not in accordance with the operational rules approved pursuant to the provisions of Ar‐
ticle 21‐51 paragraph (1).
(v)
When a registered inspection body has refused a request pursuant to the provisions of
items of Article 21‐52 paragraph (3) without a justifiable reason.
(vi)
When a registered inspection body has obtained the registration by wrongful means.
(3) When the Minister of Internal Affairs and Communications has cancelled the registration
pursuant to the provisions of the two preceding paragraphs or has issued an order todiscontinue all or part of such operations as an inspection, etc. pursuant to the provisions of
the preceding paragraph, he/she shall publicly notify to that effect.

59

Fire Service Act (Article 22~25)

CHAPTER 5 GUARDING AGAINST FIRE
(Informing of Meteorological Conditions and Issue of Fire Warning)
Article 22
When the Director General of the Japanese Meteorological Agency, director of a
district meteorological observatory, Director of the Okinawa District Meteorological Obser‐
vatory, director of a local meteorological observatory or head of a weather station finds thatthe meteorological conditions in an area are dangerous for the prevention of fire, he/sheshall immediately inform the prefectural governor with jurisdiction for the area in questionof the meteorological conditions.
(2) Upon receipt of the information prescribed in the preceding paragraph, the prefectural gov‐
ernor shall immediately inform the same to the mayor of municipality.
(3) Upon receipt of the information referred to in the preceding paragraph or when the meteor‐
ological conditions are considered dangerous for the prevention of fire, the mayor of munic‐
ipality may issue a fire warning.
(4) When a fire warning has been issued pursuant to the provisions of the preceding paragraph,the people in the area of the municipality concerned shall observe the provisions restricting
the use of fire prescribed by a municipal ordinance until the fire warning has been cancelled.
(Restrictions on Bonfires and Smoking)
Article 23
When the mayor of municipality finds it especially necessary for the purpose of
guarding against fire, he/she may restrict bonfires and smoking in a certain area for a speci‐
fied period.
(Establishment of an Area to be Guarded against Fire)
Article 23‐2
When the fire chief or fire station chief finds that the accidental spillage, scatter‐ing or outflow of gas, gunpowder or a hazardous material is likely to cause a fire, which inturn is likely to cause severe damage to human life or assets once it takes place, he/she may
set up a fire risk alert area, prohibit the use of fire in the area, order people other than those
who are specifies by an ordinance of the Ministry of Internal Affairs and Communications
to leave the area or prohibit or restrict their entry to the area.
(2) In the case of the preceding paragraph, when the fire chief or fire station chief or firefighteror fire corps volunteer entrusted by the fire chief or fire station chief to exercise their author‐
ity prescribed in the said paragraph is not at the scene or when requested by the fire chief orfire station chief, the police station chief may exercise the authority in the said paragraph. In
this case, when the police station chief exercises the said authority, he/she shall immediately
notify the fire chief or fire station chief to that effect.

CHAPTER 6 FIRE EXTINGUISHING ACTIVITIES(Reporting of a Fire)
Article 24
A person who has discovered a fire shall report it to the fire station or a placedesignated by the mayor of municipality without delay.
(2) Everyone shall cooperate so that the report referred to in the preceding paragraph will reachits destination as fast as possible.
(Responsibility to Engage in Emergency Fire Extinguishing Activities, etc.)
Article 25
When a fire occurs, the persons concerned with the property under fire defense
measures in question or other person prescribed by an ordinance of the Ministry of Internal
Affairs and Communications shall engage in fire extinguishing activities or prevention of the
spread of fire or rescuing of human lives until the arrival of a firefighting team at the scene
60

Fire Service Act (Article 25~29)of the fire.
(2) In the case of the preceding paragraph, people near the scene of the fire shall cooperate withthe persons listed in the preceding paragraph in fire extinguishing activities or prevention of
the spread of fire or rescuing of human lives.
(3) At the scene of a fire, firefighters or fire corps volunteer may request the persons concernedwith the property under fire defense measures in question or other persons prescribed by an
ordinance of the Ministry of Internal Affairs and Communications to provide information on
the structure of the said property under fire defense measures, whether there are persons
who require rescuing and other matters necessary for fire extinguishing activities or preven‐tion of the spread of fire or rescuing of human lives.
(Traffic Priority of Fire Engines and Other Matters)
Article 26
When fire engines are proceeding to the scene of a fire, all other vehicles, horses
and pedestrians shall give way.
(2) The traffic priority of fire engines shall be governed by the provisions of Article 40, Article
41‐2 paragraph (1) and paragraph (2) and Article 75‐6 paragraph (2) of the Road Traffic Act(Act No. 105 of 1960).
(3) Fire engines may use their siren when proceeding to the scene of a fire or when there is a
special need to do so for fire drills and the use of siren has been publicly notified.
(4) On returning to the fire station, etc. or on other occasions, fire engines shall use their bell orhorn and follow the general traffic rules.
(Right of Firefighting Teams to Enter Non-Public Passages, etc.)
Article 27
When there is an urgent need to reach the scene of a fire, firefighting teams may
enter passages other than public thoroughfares or vacant lots and water surfaces which are
not open to the public.
(Establishment of Fire Defense Alert Areas, etc.)
Article 28
At the scene of a fire, a firefighter or fire corps volunteer may establish a fire de‐fense alert area, order persons other than those prescribed by an ordinance of the Ministry ofInternal Affairs and Communications to leave the said area or prohibit or restrict entry to thesaid area.
(2) When there are no firefighters or fire corps volunteers at the scene of a fire or when there is arequest by a firefighter or fire corps volunteer, police officials may exercise the authority of
firefighters or fire corps volunteers prescribed in the preceding paragraph.
(3) When a fire defense alert area is being established under the command of a senior fire of‐ficer, police officials are obliged to assist the work to establish such area.
(Emergency Measures during Fire Extinguishing Activities and Other Matters)
Article 29
When it is necessary for extinguishing of a fire or prevention of the spread of fireor rescuing of human lives, firefighters or fire corps volunteers may use, dispose of or re‐strict the use of the properties under fire defense measures in which a fire is about to breakout or has broken out and the land on which the said properties stand.
(2) When the fire chief, fire station chief or chief of a fore corps in a municipality without a fire
defense headquarters finds it unavoidable for the prevention of the spread of fire based on arational judgement of the force of the fire, meteorological conditions and other surrounding
circumstances, he/she may use, dispose of or restrict the use of the properties under fire de‐fense measures which may be exposed to the spreading fire and the land on which the said
properties stand.
(3) When the fire chief, fire station chief or chief of a fore corps in a municipality without a fire61

Fire Service Act (Article 29~33)
defense headquarters finds that there is an urgent need for extinguishing of a fire or preven‐tion of the spread of fire or rescuing of human lives, he/she may use, dispose or restrict theuse of the properties under fire defense measures and land other than the properties underfire defense measures and land prescribed in the preceding two paragraphs. In this case,when persons who have suffered damage due to such operation have requested for compen‐
sation for the loss, the loss shall be compensated at the current price.
(4) The expenses necessary for the compensation prescribed in the preceding paragraph shall beborne by the municipality concerned.
(5) In the case where there is an urgent need, firefighters or fire corps volunteers may have per‐sons in the vicinity of a fire scene engage in fire extinguishing or the prevention of the
spread of fire or rescuing of human lives or other firefighting activities.
(Emergency Water Sources)
Article 30
When there is an urgent need to maintain the supply of water to the scene of afire, the fire chief, fire station chief or chief of a fire corps in a municipality without a fire de‐fense headquarters may use the available water sources or open or close the gates or sluicesof irrigation channels or sluice valves of water service lines.
(2) The fire chief, fire station chief or chief of a fire corps in a municipality without a fire defense
headquarters may conclude a prior agreement with the owner, manager or possessor of wa‐
ter sources with regard to their use and management in the event of a fire.
(Application Mutatis Mutandis and Rewording)
Article 30‐2
The provisions of Article 25 paragraph (3), Article 28 paragraph (1) and para‐graph (2) and Article 29 paragraph (1) and paragraph (5) shall apply mutatis mutandis to as‐
sistance provided by the prefecture for the fire services of municipalities pursuant to theprovisions of Article 30 paragraph (1) of the Fire Defense Organization Act. In this case, thephrase “firefighters or fire corps volunteers” in these provisions shall be deemed to be re‐placed by “firefighters or fire corps volunteers or prefectural officials belonging to an avia‐
tion firefighting team”.

CHAPTER 7 INVESTIGATION OF FIRE
(Investigation into Caused of Fire, etc.)
Article 31
In addition to fire extinguishing activities proper, the fire chief or fire station
chief shall undertake an investigation into the causes of fire and damage inflicted by the fireand fire extinguishing activities.
(Questioning of Persons Concerned and Request for a Report by Public Agencies)
Article 32
When it is necessary to conduct an investigation pursuant to the provisions of
the preceding article, the fire chief or fire station chief may question the persons concernedor demand a person who manufactured or imported the product which is suspected to be
the cause of a fire to submit necessary information materials or a report.
(2) The fire chief or fire station chief may request the relevant public agencies to report on thenecessary matters concerning the investigation prescribed in the preceding article.
(Investigation of Assets Damaged by Fire)
Article 33
The fire chief or fire station chief and an agent approved by the insurance com‐pany concerned may conduct an investigation of assets damaged or destroyed by the fire inorder to determine the cause of the fire and the extent of the damage.
62

Fire Service Act (Article 34~35‐3‐2)(Order to Submit Information and Report and Inspection of Damage, etc.)
Article 34
When it is necessary to conduct an investigation pursuant to the provisions of
the preceding article, the fire chief or fire station chief may order the persons concerned tosubmit the necessary information materials or a report or have his/her fire defense personnel
concerned enter the place concerned to inspect the conditions of the assets damaged or de‐stroyed by the fire.
(2) The provisions of the proviso of Article 4 paragraph (1) and of paragraph (2) through para‐graph (4) of the said article shall apply mutatis mutandis to the preceding paragraph.
(Investigation of Cause of Fire When Arson or Negligence is Suspected and Cooperation
for Criminal Investigation)
Article 35
When arson or negligence is suspected to have caused a fire, the principal re‐sponsibility and authority to investigate the cause of the fire shall rest with the fire chief orfire station chief.
(2) When the fire chief or fire station chief finds that the crime of arson or crime of causing a fireby negligence has been committed, he/she shall immediately inform the competent police
station and endeavour to collect and preserve the necessary evidence and, upon receipt of arecommendation made by the Fire and Disaster Management Agency to cooperate in thecriminal investigation of the crime of arson or causing a fire by negligence, he/she shall fol‐
low the said recommendation.
(Questioning of Suspects and Investigation of Evidence)
Article 35‐2
When a person suspected of the crime of arson or causing fire by negligence has
been arrested by the police or evidence has been seized by the police, the fire chief or firestation chief may question the suspect or investigate the evidence in order to conduct the in‐vestigation set forth in paragraph (1) of the preceding article until the case is referred to a
public prosecutor.
(2) The questioning or investigation referred to in the preceding paragraph shall not cause any
interference with the investigation by police officials.
(Investigation of Cause of Fire by a Prefectural Governor)
Article 35‐3
In the area of a municipality without a fire defense headquarters, the prefectural
governor with jurisdiction for the said area may investigate the cause of a fire pursuant to
the provisions of Article 31 and Article 33 only when he/she is requested to do so by themayor of municipality in question or when he/she finds it especially necessary to do so.
(2) The provisions of Article 32 and Article 34 through the preceding article shall apply mutatis
mutandis to the case referred to in the preceding paragraph. In this case, the words “fire de‐fense personnel concerned” in Article 34 paragraph (1) shall be deemed to be replaced by“officials engaged in the fire service affairs of the prefecture in question” and “fire chief orfire station chief” in Article 35 paragraph (1) shall be deemed to be replaced by “in addition
to the mayor of municipality, the prefectural governor”.
(Investigation of Cause of Fire by the Commissioner of the Fire and Disaster Management
Agency)Article 35‐3‐2 The Commissioner of the FDMA may conduct an investigation of the cause of afire pursuant to the provisions of Article 31 or Article 33 only when he/she is requested to do
so by a fire chief or prefectural governor who investigates the cause of a fire pursuant to theprovisions of paragraph (1) of the preceding article or when he/she find such investigation
especially necessary.
(2) The provisions of Article 32, Article 34, Article 35 paragraph (1) and paragraph (2) (exclud‐63

Fire Service Act (Article 35‐3‐2~35‐5)
ing the part pertaining to a recommendation) and Article 35‐2 shall apply mutatis mutandis tothe case referred to in the preceding paragraph. In this case, the words “fire defense person‐nel concerned” in Article 34 paragraph (1) shall be deemed to be replaced by “officials of theFire and Disaster Management Agency”, the words “fire chief or fire station chief” in Article
35 paragraph (1) shall be deemed to be replaced by “in addition to either the fire chief or firestation chief, the Commissioner of the FDMA for the area of a municipality where the fire
defense headquarters is located, the Commissioner of the FDMA in addition to the mayor ofmunicipality and the prefectural governor in the case where the prefectural governor con‐ducts an investigation of the cause of a fire pursuant to the provisions of Article 35‐3 para‐graph (3) in an area other than the area in question or the Commissioner of the FDMA in
addition to the mayor of municipality in the case where the prefectural governor does notconduct an investigation of the cause of a fire notwithstanding the provisions of the said
paragraph in an area other than the said area”.
(Relationship with Criminal Investigation and Mutual Cooperation between Fire Services
and Police)
Article 35‐4
The provisions of this chapter shall not relieve the police from the responsibilityof investigating crimes (including the crime of arson and crime of causing a fire by negli‐
gence) and arresting suspects (including suspects of the crimes of arson and crime of causing
a fire by negligence).
(2) Firefighters and police officials shall cooperate with one another for the common purpose oferadicating arson and fires caused by negligence.

CHAPTER 7-2 AMBULANCE SERVICE(Implementation Standards Concerning Transportation by an Ambulance)
Article 35‐5
A prefecture shall prescribe the standards concerning the operation of transport‐
ing an injured or sick person (an injured or sick person prescribed in Article 2 paragraph (9),the same shall apply hereinafter in this chapter) to ensure the speedy as well as appropriate
operation of transporting an injured or sick person as the ambulance service of a fire de‐partment (hereinafter referred to as “the transportation of an injured or sick person” in thischapter) and the accepter of the said injured or sick person by a medical institution (herein‐
after referred to as “the acceptance of an injured or sick person” in this chapter).
(2) In the operational standards, the matters listed in the following shall be prescribed for thearea of a prefecture or each area which is prescribed after the division of an area of the pre‐fecture in question in consideration of the system to provide medical care.
(i)Standards to classify medical institutions to ensure the provision of appropriate medi‐
cal care according to the physical, mental and other state of an injured or sick person(hereinafter referred to as “the state of an injured or sick person” in this paragraph)(ii)
Categories of medical institutions which are classified based on the standards listed in
the preceding item and names of medical institutions corresponding to the said catego‐
ries
(iii)
Standards to confirm the state of an injured or sick person by a fire department(iv)
Standards to select a medical institution to which a fire department intends to transport
an injured or sick person(v)Standards to convey the state of an injured or sick person to a medical institution towhich a fire department intends to transport an injured or sick person(vi)
In addition to those listed in the two preceding items, standards to form an agreement
between a fire department and medical institution concerning the acceptance of an in‐
64

Fire Service Act (Article 35‐5~35‐9)
jured or sick person and other matters contributing to securing a medical institution
conducting the acceptance of an injured or sick person(vii)
In addition to those listed in each of the preceding items, matters which are found to benecessary by a prefecture with regard to the operation of transporting an injured or sickperson and accepting an injured or sick person(3) The operational standards shall be prescribed based on medical knowledge and in such amanner that they are in harmony with a medical care plan prescribed in Article 30‐4 para‐graph (1) of the Medical Care Act (Act No. 205 of 1948).
(4) When prescribing the operational standards, a prefecture shall listen to the opinions of thecommittee prescribed in Article 35‐9 paragraph (1) in advance.
(5) When a prefecture has prescribed the operational standards, it shall publicly announce theircontents without delay.
(6) The provisions of the three preceding paragraphs shall apply mutatis mutandis to any revi‐sion of the operational standards.
(Obligations of the State)
Article 35‐6
The Minister of Internal Affairs and Communications and the Minister of Health,Labour and Welfare shall provide the necessary information, advice and other forms of assis‐
tance concerning the formulation or revision of the operational standards for prefectures.
(Compliance with the Operational Standards, etc.)
Article 35‐7
A fire department shall comply with the operational standards for the transpor‐
tation of an injured or sick person.
(2) A medical institution shall endeavour to respect the operational standards for the acceptanceof an injured or sick person.
(Establishment of the Committee)
Article 35‐8
A prefecture shall organize a committee to conduct consultations concerning theoperational standards and liaising as well as coordination pertaining to the implementation of
the transportation of an injured or sick person and the acceptance of an injured or sick person
based on the operational standards (hereinafter referred to as “the Committee” in this article).
(2) The Committee shall be composed of the members listed below.
(i)Staff member(s) of the fire department(ii)
Manager(s) of a medical institution(s) or a doctor(s) designated by the said manager(s)(iii)
Person(s) recommended by an association of persons with the relevant knowledge andexperience regarding medical care(iv)
Staff member(s) of the prefecture(v)
Person(s) with the relevant knowledge and experiences and others found to be neces‐sary by the prefecture(3) When the Committee finds it necessary, it may request the relevant administrative organs tocooperate in the form of providing information materials, expressing opinions and provid‐
ing explanations, etc.
(4) The Committee may state its opinions to the prefecture governor on necessary matters re‐garding the operational standards and implementation of the transportation of an injured orsick person and the acceptance of an injured or sick person.
(Prefectural Ambulance Service, etc.)
Article 35‐9
When the prefectural governor finds that traffic accidents frequently occur at aroad section pertaining to an area of a municipality without an ambulance service, he/she
may request another municipality with an ambulance service to provide the ambulance65Fire Service Act (Article 35‐9~36)
which will be required by the said traffic accidents, after having listened to the opinions of
the municipalities concerned. In this case, the requested municipality may provide the am‐bulance service pertaining to the said request.
(2) The prefectural government shall provide the ambulance service in those sections of national
expressways and national roads, which are prescribed in a cabinet order as sections where
an ambulance service is especially necessary to deal with traffic accidents, within areas ofmunicipalities without an ambulance service, after having listened to the opinions of themunicipalities without the ambulance service in question. In this case, the staff members en‐
gaged in the ambulance service in question shall be deemed to be fire defense personnel in
the application of the Local Public Service Act (Act No. 261 of 1950).
(Request for Cooperation, etc.)
Article 35‐10
In the case of an urgent need, an ambulance team member may request persons
at the vicinity of a scene where an injured or sick person is found to cooperate with ambu‐
lance service.
(2) In implementing the ambulance service, ambulance team members shall maintain a close
liaison with police officials.
(Application Mutatis Mutandis)
Article 35‐11
The provisions of Article 27 shall apply mutatis mutandis to ambulance teams. In
this case, “reach the scene of a fire,” shall be deemed to be replaced by “provide the ambu‐
lance service”.
(2) The provisions of Article 39 of the Fire Organization Act shall apply mutatis mutandis to thecase where the prefectural governor provides the ambulance service pursuant to the provi‐sions of Article 35‐9 paragraph (2). In this case, “municipality”, “fire defense” and “mayor ofmunicipality” in Article 39 of the said Act shall be deemed to be replaced by “municipality
and the prefecture”, “the ambulance service operations” and “the mayor of municipality
and the prefectural governor” respectively.
(Entrustment to a Cabinet Order)
Article 35‐12
In addition to what are prescribed in this chapter, the necessary matters concern‐
ing the standards for the composition and equipment of ambulance teams and other mattersnecessary for the handling of the ambulance service shall be prescribed by a cabinet order.

CHAPTER 8 MISCELLANEOUS PROVISIONS(Enquiries to Relevant Public Agencies)
Article 35‐13
The Minister of Internal Affairs and Communications, prefectural governor,
mayor of municipality, fire chief or fire station chief may make an enquiry to or request forcooperation from the relevant public agencies with regard to administrative affairs based on
the provisions of this Act except as otherwise specially provided by other acts
(Disaster Prevention Manager)
Article 36
The provisions of Article 8 through Article 8‐2‐3 shall apply mutatis mutandis tothose specified by a cabinet order as buildings or other structures which are necessary forthe alleviation of damage by a disaster prescribed by a cabinet order other than fire. In thiscase, the words in the second column of the following table under the provision of the firstcolumn of the said table shall be deemed to be replaced by the words listed in the third col‐umn of the said table respectively.
66

Fire Service Act (Article 36)
Article 8
Paragraph (1)Article 8paragraph (2)and paragraph (3)Article 8paragraph (4)Article 8‐2paragraph (1)Article 8‐2paragraph (2)Article 8‐2paragraph (3)Article 8‐2paragraph (4)and paragraph (5)Article 8‐2paragraph (6)Article 8‐2‐2
paragraph (1)qualifications prescribed by a cabinet
orderfire prevention manager
fire prevention management, including
implementation of fire drills on fire
extinguishing, fire reporting and evac‐
uation, inspection and improvement of
the equipment used for fire defense,water supply source for fire defence or
facilities necessary for fire extinguish‐
ing activities, supervision of the use or
handling of fire, maintenance of thestructures and equipment required forevacuation or fire prevention, control of
the number of persons to be admitted
fire prevention manager

fire prevention manager
for fire prevention management
qualifications prescribed by a cabinet
order

for fire prevention management
fire prevention manager
fire prevention management supervi‐
sor
conduct fire drills on fire extinguish‐
ing, fire reporting and evacuation
Fire prevention management super‐visor
for fire prevention management
fire prevention manager
fire prevention manager prescribedfire prevention management supervi‐sorfire prevention management supervi‐sorfire prevention management supervi‐
sorfor fire prevention managementof fire prevention at

qualified inspector of property underfire prevention measures
for fire prevention management
installation and maintenance ofequipment used for fire defense, sup‐ply of water for fire defense or otherfacilities required for fire extinguish‐
ing activities and other matters re‐quired for fire prevention

knowledge concerning the alleviationof damage by a fire or any other dis‐
aster and also with the qualificationsprescribed by a cabinet orderdisaster prevention manager
necessary for fire disaster prevention
management, including the imple‐
mentation of a drill on evacuation

disaster prevention manager

disaster prevention manager
for disaster prevention management
knowledge concerning the alleviationof damage by a fire or any other dis‐
aster and also with the qualificationsprescribed by a cabinet orderfor disaster prevention management
disaster prevention manager
disaster prevention management su‐
pervisor
conduct a drill on evacuation
Disaster prevention management su‐
pervisorfor disaster prevention management
disaster prevention manager
disaster prevention manager pre‐scribeddisaster prevention management su‐
pervisordisaster prevention management su‐
pervisordisaster prevention management su‐
pervisorfor disaster prevention managementof alleviation of damage caused bydisasters prescribed by a cabinet or‐
der other than fire atqualified inspector for disaster pre‐vention managementfor disaster prevention management
and other matters necessary for the
alleviation of damage caused by dis‐
asters prescribed by a cabinet order
other than fire67Fire Service Act (Article 36)
Article 8‐2‐2
paragraph (2)Article 8‐2‐3
paragraph (1) item(ii)‐(a)qualified inspector of property underfire prevention measures
or Article 17‐4 paragraph (1) or para‐graph (2)Article 8‐2‐3
paragraph (1)item (ii)‐(d)Article 8‐2‐3
paragraph (6) item(ii)

qualified inspector of property underfire prevention measures
or Article 17‐4 paragraph (1) or para‐graph (2)qualified inspector for disaster pre‐vention management, Article 17‐4 paragraph (1) or para‐graph (2) or Article 8 paragraph (3) orparagraph (4) which is applied mutatis
mutandis to Article 36 paragraph (1)qualified inspector for disaster pre‐vention management, Article 17‐4 paragraph (1) or para‐graph (2) or Article (8) paragraph (3)or paragraph (4) which is appliedmutatis mutandis to Article 36 para‐graph (1)(2) With regard to a building or other structure prescribed in the preceding paragraph which isalso a property under fire prevention measures as set forth in Article 8‐2 paragraph (1), a
person who holds the title to manage such a building or other structure shall, notwithstand‐ing the provisions of the said paragraph, have a disaster prevention manager as prescribedin paragraph (1) of the said article which is applied mutatis mutandis by replacing the rele‐vant words under the preceding paragraph conduct operations which are necessary for fire
prevention management and which should be conducted by a fire prevention manager re‐ferred to in Article 8 paragraph (1).
(3) With regard to a building or other structure prescribed in paragraph (1) which is also aproperty under fire prevention measures as set forth in Article 8‐2 paragraph (1), a person
who holds the title to manage such a building or other structure shall, notwithstanding theprovisions of the said paragraph, have a fire prevention management supervisor as pre‐scribed in paragraph (1) of the said article which are applied mutatis mutandis by replacing
the relevant words under paragraph (1) conduct operations which are necessary for fire pre‐vention management for the whole of the said property under fire prevention measures andwhich should be conducted by a fire prevention management supervisor referred to in Arti‐cle 8‐2 paragraph (1).
(4) With regard to a building or other structure prescribed in paragraph (1) which is also aproperty under fire prevention measures as set forth in Article 8‐2‐2 paragraph 1, an indica‐tion stating the date of inspection and other matters specified by an ordinance of the Minis‐try of Internal Affairs and Communications may be attached, notwithstanding the provi‐sions of paragraph (2) of the said article and of paragraph (2) of the said article which areapplied mutatis mutandis to paragraph (1), to the said building or other structure as pre‐scribed by an ordinance of the Ministry of Internal Affairs and Communications only whenboth an inspection under the provisions of paragraph (1) of the said article and an inspection
under the provisions of paragraph (1) of the said article which are applied mutatis mutandis
to paragraph (1) [with regard to a building or other structure of which the title for manage‐
ment is divided, both an inspection under the provisions of Article 8‐2‐2 paragraph (1) andan inspection under the provisions of paragraph (1) of the said article which are applied mu‐
tatis mutandis to paragraph (1) for the whole of the said building or other structure (exclud‐ing the part(s) certified under the provisions of paragraph (1) of the said article which areapplied mutatis mutandis to Article 8‐2‐3 paragraph (1) or paragraph 1)] are conducted and,as a result of these inspections, the matters subject to these inspections are found by a quali‐
fied inspector of property under fire prevention measures and a qualified inspector for dis‐
aster prevention management to conform to the respective inspection standards.
(5) With regard to a building or other structure prescribed in paragraph (1) which is also aproperty under fire prevention measures as set forth in Article 8‐2‐2 paragraph (1), an indi‐
68

Fire Service Act (Article 36~36‐3)
cation stating the date of inspection and other matters specified by an ordinance of the Min‐
istry of Internal Affairs and Communications may be attached, notwithstanding the provi‐sions of Article 8‐2‐3 paragraph (2) and paragraph (2) of the said article which is applied mu‐
tatis mutandis to paragraph (1), to the said property under fire prevention measures as pre‐scribed by an ordinance of the Ministry of Internal Affairs and Communications only whenboth certification under the provisions of paragraph (1) of the said article and certification
under the provisions of paragraph (1) of the said article which are applied mutatis mutandis
to paragraph (1) [with regard to a building or other structure of which the title for manage‐
ment is divided, limited to the case where the whole of the said building or other structure iscertified under the provisions of Article 8‐2‐3 paragraph (1) and also under the provisions ofArticle 8‐2‐3 paragraph (1) which is applied mutatis mutandis to paragraph (1)].
(6) The provisions of Article 8‐2‐2 paragraph (3) and paragraph (4) shall apply mutatis mutandis
to the indications referred to in the two preceding paragraphs.
(7) In the case where a fire defense organization for self‐protection referred to in Article 8‐2‐5
paragraph (1) has been set up for a building or other structure, the said fire defense organi‐zation for self‐protection shall conduct the necessary operation for the alleviation of damage
caused by a fire or other disaster.
(8) The provisions of Article 25 paragraph (3), Article 28 paragraph (1) and paragraph (2) and
Article 29 paragraph (1) and paragraph (5) which are applied mutatis mutandis to Article 18
paragraph (2), Article 22 and Article 24 through Article 29 and Article 30‐2 shall apply muta‐
tis mutandis to other disasters except flood disasters.
(Deployment of a Rescue Team)
Article 36‐2
A municipality shall deploy a firefighting team equipped with the necessary
special rescue equipment to save human lives pursuant to the provisions of this act in ac‐
cordance with the standards specified by an ordinance of the Ministry of Internal Affairs andCommunications in consideration of the population and other conditions.
(Application Mutatis Mutandis)
Article 36‐2‐2 The provisions of Article 27 and Article 30 shall apply mutatis mutandis when awarning declaration prescribed in Article 2, item (xiii) of the Act on Special Measures Con‐
cerning Countermeasures for Large Earthquakes (Act No. 73 of 1978) is issued. In this case,the words “the scene of a fire” in Article 27 shall be deemed to be replaced by “the place
where human lives and assets are found to be highly vulnerable to damage (excluding dam‐age by flood disasters) if an earthquake pertaining to the earthquake prediction informationprescribed in Article 2, item (iii) of the Act Concerning Special Measures Concerning Coun‐termeasures for Large Earthquake takes place” and the words “the scene of a fire” in Article
30 paragraph (1) shall be deemed to be replaced by “the place which is highly vulnerable tothe occurrence of a fire if an earthquake pertaining to the earthquake prediction informationprescribed in Article 2, item (iii) of the Act Concerning Special Measures to Combat Large
Earthquake takes place”.
(Compensation for Damage)
Article 36‐3
In the case where a person who has been engaged in fire extinguishing activities,
the prevention of the spread of fire, rescuing of human lives or other firefighting activities
pursuant to the provisions of Article 25 paragraph (2) [including its application mutatis mu‐tandis to Article 36 paragraph (viii)], Article 29 paragraph (5) [including its application muta‐
tis mutandis to Article 30‐2 and Article 36 paragraph (viii)] or a person who has cooperated
with the ambulance service provided by a municipality pursuant to the provisions of Article
35‐7 paragraph (1) has died or become injured, sick or disabled, the municipality shall com‐69

Fire Service Act (Article 36‐3~39‐2)
pensate, pursuant to the provisions of a municipal ordinance following the criteria to be pre‐scribed by a cabinet order, for damage which the person in question or his/her bereaved
family has suffered due to such engagement or cooperation.
(2) In the case of a property under fire defense measures which is a building or other structure
consisting of several structurally independent parts which may be used as dwellings, shops,
offices, warehouses or for other purposes of use as building (hereinafter referred to as the“proprietary area” in this article) and in the case of a fire in a proprietary part, when a per‐son, excepting the people listed in the following items, who has engaged in fire extinguish‐
ing activities, the prevention of the spread of fire or rescuing of human lives has died or be‐come injured, sick or disabled because of such engagement pursuant to the provisions of Ar‐
ticle 25 paragraph (1), compensation referred to in the preceding paragraph shall apply.
(i)
The owner, manager or possessor of a part of the proprietary area where the fire oc‐
curred or other person prescribed by an ordinance of the Ministry of Internal Affairs
and Communications(ii)
In the case where a person referred to in item (i) above serves each part of the proprietaryarea where a fire broke out and parts other than the said each part for dwelling, shop, of‐fice, warehouse or other purposes of building us as an integral unit prescribed by an or‐
dinance of the Ministry of Internal Affairs and Communications, the owner, manager orpossessor of each part of the proprietary area which has been served as an integral unit
for the said usage or person prescribed by an ordinance of the Ministry of Internal Affairs
and Communications (excluding the persons listed in the preceding item)(3) The provisions of paragraph (1) shall apply mutatis mutandis to those who have cooperated
with the ambulance service provided by a prefecture.
(Interim Measures)
Article 36‐4
In the case where a cabinet order or an ordinance of the Ministry of Internal Af‐
fairs and Communications is to be enacted, revised or repealed pursuant to the provisions of
this Act, the necessary interim measures (including interim measures concerning penal pro‐visions) may be prescribed by a cabinet order or an ordinance of the Ministry of Internal Af‐
fairs and Communications within the scope rationally judged necessary in view of such en‐actment, revision or repeal.
(Special Cases for Special Wards)
Article 37
In areas of special wards, “municipality”, “mayor of municipality” and “munic‐
ipal ordinance” shall be deemed to be replaced by “Tokyo”, “Governor of Tokyo” and “met‐ropolitan ordinance of Tokyo”.

CHAPTER 9 PENAL PROVISIONS(Penal Provisions)
Article 38
A person who has indiscriminately damaged or removed a fire watchtower oran alarm bell tower in violation of the provisions of Article 18 paragraph (1) shall be sen‐tenced to imprisonment with work of not more than seven years.
Article 39
A person who has indiscriminately damaged or removed a fire alarm system, fire
hydrant or water storage facility used for fire defense in violation of the provisions of Article
18 paragraph (1) shall be sentenced to imprisonment with work of not more than five years.
Article 39‐2
70

A person who has created a fire hazard due to the spillage, drainage, discharge

Fire Service Act (Article 39‐2~40)
or scattering of a hazardous material from a manufacturing, storage or handling facility shallbe sentenced to imprisonment with work of not more than three years or a fine of not morethan 3,000,000 yen; provided, however, he/she shall not be punished if no public hazard has
occurred.
(2) A person who has committed the crime referred to in the preceding paragraph causing
death or injury of another person(s) shall be sentenced to imprisonment with work of not
more than seven years or a fine of not more than 5,000,000 yen.
Article 39‐2‐2 A person who has violated an order issued pursuant to the provisions of Article
5‐2 paragraph (1) shall be sentenced to imprisonment with work of not more than three
years or a fine of not more than 3,000,000 yen.
(2) A person who has committed the crime prescribed in the preceding paragraph may be sub‐ject to cumulative imposition of imprisonment with work and a fine depending on the cir‐
cumstances.
Article 39‐3
A person who has created a fire hazard due to the spillage, drainage, discharge
or scattering of a hazardous material from a manufacturing, storage or handling facility
through negligence with regard to the necessary precautions for business operations shall besentenced to imprisonment with or without work of not more than two years or a fine of not
more than 2,000,000 yen; provided, however, he/she shall not be punished if no public haz‐ard has occurred.
(2) A person who has committed the crime referred to in the preceding paragraph causing
death or injury of another person(s) shall be sentenced to imprisonment with work or con‐finement of not more than five years or a fine of not more than 3,000,000 yen.
Article 39‐3‐2 A person who has violated an order issued pursuant to the provisions of Article
5 paragraph (1) shall be sentenced to imprisonment with work of not more than two years ora fine of not more than 2,000,000 yen.
(2) A person who has committed the crime prescribed in the preceding paragraph may be sub‐ject to cumulative imposition of imprisonment with work and a fine depending on the cir‐
cumstances.
Article 40
A person who falls under any of the following items shall be sentenced to im‐
prisonment with work of not more than two years or a fine of not more than 1,000,000 yen.
(i)A person who has intentionally interfered with the passing of a fire engine as pre‐scribed in the provisions of Article 26 paragraph (1)(ii)
A person who has interfered with the activities of fire corps volunteers of fire extinguish‐
ing or guarding and protecting in disasters other than flood disasters or providing aid(iii)
A person who has interfered with the activities of persons engaged in fire extinguish‐
ing, prevention of the spread of fire or rescuing of human lives pursuant to the provi‐sions of Article 25 [including application mutatis mutandis to Article 36 paragraph (viii)]
or Article 29 paragraph (5) [including application mutatis mutandis to Article 30‐2 andArticle 36 paragraph (viii)].
(2) A person who has committed the crime prescribed in the preceding paragraph may be sub‐ject to cumulative imposition of imprisonment with work and a fine depending on the cir‐
cumstances; provided, however, the same shall not apply when there are proper provisions
under the Penal Code.
(3) A person who has committed the crime prescribed in paragraph (1) causing death or injury
of another person (s) shall be dealt with by either this Act or the Penal Code whichever im‐
poses the heavier punishment.
71

Fire Service Act (Article 41~41‐6)
Article 41
A person who falls under any of the following items shall be sentenced to im‐
prisonment with work of not more than one year or a fine of not more than 1,000,000 yen.
(i)A person who has violated an order issued pursuant to the provisions of Article 5‐3paragraph (1)(ii)
A person who has violated an order issued pursuant to the provisions of Article 8 para‐graph (4) [including the case where it is applied mutatis mutandis to Article 36 para‐graph (1)](iii)
A person who has violated the provisions of Article 10 paragraph (1)(iv)
A person who has violated the provisions of Article 15(v)
A person who has failed to install fire defense equipment, etc. or special fire defense
equipment, etc. in violation of an order issued pursuant to the provisions of Article 17‐4
paragraph (1) or paragraph (2)(vi)
A person who has violated the provisions of Article 21‐2 paragraph (4), Article 21‐9
paragraph (2) [including the case where it is applied mutatis mutandis to Article 21‐11
paragraph (3)], Article 21‐16‐2 or Article 21‐16‐3 paragraph (2)(vii)
A person who has violated an order issued pursuant to the provisions of Article 21‐13
or Article 21‐16‐6(2) A person who has committed the crime prescribed in the preceding paragraph may be sub‐ject to cumulative imposition of imprisonment with work and a fine depending on the cir‐
cumstances.
Article 41‐2
A person who has violated the provisions of Article 13‐11 paragraph (1) [includ‐ing the case where it is applied mutatis mutandis to Article 17‐9 paragraph (4)] shall be sen‐tenced to imprisonment with work of not more than one year or a fine of not more than
1,000,000 yen.
Article 41‐3
When an officer or staff member of a body which is designated pursuant to theprovisions of Article 13‐5 paragraph (1) or Article 17‐9 paragraph (1) has violated an order tosuspend the affairs concerning the hazardous materials engineer’s qualification examinationor fire defense equipment officer’s qualification examination pursuant to the provisions ofArticle 13‐18 paragraph (2) [including the case where it is applied mutatis mutandis to Article
17‐9 paragraph (4)], he/she shall be sentenced to imprisonment with work of not more than
one year or a fine of not more than 1,000,000 yen.
Article 41‐4
A person who has violated the provisions of Article 16‐32 or Article 21‐34 shallbe sentenced to imprisonment with work of not more than one year or a fine of not morethan 1,000,000 yen.
Article 41‐5
A person who has violated the provisions of Article 21‐50 paragraph (1) shall besentenced to imprisonment with work of not more than one year or a fine of not more than
1,000,000 yen.
Article 41‐6
When an officer(s) or staff member(s) of a juridical person which is registeredunder the provisions of Article 17‐2 paragraph (1) or Article 21‐3 paragraph (1) has violated
an order issued under the provision of Article 2157 paragraph (2) to suspend the operationsof evaluating the performance of special fire defense equipment, etc. and of conducting thetesting and type conformity inspection of a machine, appliance, etc. subject to inspection,
he/she shall be sentenced to imprisonment with work of not more than one year or a fine of
not more than 1,000,000 yen.

72

Fire Service Act (Article 42~43‐2)
Article 42
A person who falls under any of the following items shall be sentenced to im‐
prisonment with work of not more than six months or a fine of not more than 500,000 yen.
(i)A person who has violated an order issued pursuant to the provisions of Article 8 para‐graph (3) [including the case where it is applied mutatis mutandis to Article 36 para‐graph (1)](ii)
A person who has violated the provisions of Article 11 paragraph (1)(iii)
A person who has violated the provisions of Article 11 paragraph (5)(iv)
A person who has violated an order issued pursuant to the provisions of Article 12‐2
paragraph (1) or paragraph (2)(v)
A person who has violated an order or disposition issued pursuant to the provisions ofArticle 12‐3 paragraph (1)(vi)
A person who has conducted a business without designating a hazardous materials
safety supervisor in violation of the provisions of Article 13 paragraph (1)(vii)
A person who has violated the provisions of Article 13 paragraph (3)(viii) A person who has stored or handled hazardous materials in violation of the provisionsof Article 14‐2 paragraph (1) or has violated an order issued pursuant to the provisionsof paragraph (3) of the said article(ix)
A person who has violated an order issued pursuant to the provisions of Article 16‐3
paragraph (3) or paragraph (4)(x)
A person who has violated the provisions of Article 17‐5(xi)
A person who has failed to provide information without a justifiable reason or who
provides false information when requested to provide information pursuant to the pro‐visions of Article 25 paragraph (3) [including its application mutatis mutandis to Article
30‐2 and Article 36 paragraph (8)](2) A person who has committed the crime prescribed in the preceding paragraph may be sub‐ject to cumulative imposition of imprisonment with work and a fine depending on the cir‐
cumstances.
Article 43
A person who falls under any of the following items shall be sentenced to im‐
prisonment with work of not more than three months or a fine of not more than 300,000 yen.
(i)A person who has violated the provisions of Article 10 paragraph (3)(ii)
A person who has violated the provisions of Article 16(iii)
A person who has violated the provisions of Article 16‐2 paragraph (1)(2) A person who has committed the crime prescribed in the preceding paragraph may be sub‐ject to cumulative imposition of imprisonment with work and a fine depending on the cir‐
cumstances.
Article 43‐2
When an officer or staff member of a body which is designated under the provi‐sions of Article 13‐5 paragraph (1) or Article 17‐9 paragraph (1) has committed one of the fol‐lowing offences, he/she shall be sentenced to a fine of not more than 300,000 yen.
(i)
Failure to provide books, to make entries in books, to make correct entries in books or
to keep books safely in violation of the provisions of Article 13‐14 [including its applica‐tion mutatis mutandis to Article 17‐9 paragraph (4)](ii)
Failure to provide a report or to make a proper report when a report is requested pur‐suant to the provisions of Article 13‐16 paragraph (1) or paragraph (2) [including its
application mutatis mutandis to Article 17‐9 paragraph (4)] or refusal of, obstruction toor avoidance of the entry or inspection prescribed in the same provisions(iii)
Discontinuation of the entire affairs concerning the implementation of the hazardous
materials engineer’s examination or fire defense equipment officer’s qualification exam‐
ination without obtaining an approval pursuant to the provisions of Article 13‐17 para‐
73

Fire Service Act (Article 43‐2~44)
graph (1) [including its application mutatis mutandis to Article 17‐9 paragraph (4)]Article 43‐3
When an officer or staff member of the Hazardous Materials Safety Techniques
Association or Japan Fire Equipment Inspection Institute has failed to submit a report de‐spite being requested to do so pursuant to the provisions of Article 16‐48 paragraph (1) or
Article 21‐43 paragraph (1) or has submitted a false report or has refused, disrupted or
avoided an entry or inspection pursuant to these paragraphs, he/she shall be sentenced to afine of not more than 300,000 yen.
Article 43‐4
A person who has failed to prepare records pertaining to the inspection, has
prepared a false records or has failed to keep records in violation of the provisions of Article
21‐16‐3 paragraph (3) shall be sentenced to a fine of not more than 300,000 yen.
Article 43‐5
An officer or staff member of a juridical person which is registered under theprovisions of Article 17‐2 paragraph (1) or Article 21‐3 paragraph (1) has committed a viola‐tion under any of the following items, he/she shall be sentenced to a fine of not more than
300,000 yen.
(i)
Failure to provide books, to make entries in books, to make correct entries in books or
to keep books safely in violation of the provisions of Article 21‐53(ii)
Failure to provide a report or to make a proper report when a report is requested under
the provisions of Article 21‐55 paragraph (1) or refusal of, disruption to or avoidance ofthe entry or inspection prescribed in the provisions of the said paragraph(iii)
Discontinuation of the entire operations concerning the evaluation of the performanceof special fire defense equipment, etc. and the testing and type conformity inspection ofa machine, appliance, etc. subject to inspection without obtaining an approval under
the provisions of Article 21‐56 paragraph (1)Article 44
A person who falls under one of the following items shall be sentenced to a fineof not more than 300,000 yen or misdemeanour detention.
(i)
A person who has failed to observe an order issued pursuant to the provision of Article
3 paragraph (1)(ii)
A person who has failed to submit information materials or a report when requested to
do so report pursuant to the provisions of Article 4, Article 16‐3‐2 paragraph (2) (includ‐ing the case where it is applied mutatis mutandis to paragraph (4) of the said article), Ar‐ticle 16‐5 paragraph (1) or Article 34 paragraph (1) [including the case where it is ap‐
plied mutatis mutandis to Article 35‐3 paragraph (2) and Article 35‐3‐2 paragraph (2)] or
has submitted false information materials or a false report or has refused, disrupted or
avoided the entry, inspection or confiscation prescribed in the same provisions(iii)
A person who has violated the provisions of Article 8‐2‐2 paragraph (3) [including thecase where it is applied mutatis mutandis to Article 8‐2‐3 paragraph (8) (including thecase where it is applied mutatis mutandis to Article 36 paragraph (1)) and Article36 par‐agraph (1) and paragraph (6)] or Article 8‐3‐3(iv)
A person who has refused, disrupted or avoided the inspection pursuant to the provi‐sions of Article 14‐3 paragraph (1) or paragraph (2) or Article 17‐3‐2(v)
A person who has failed to prepare a record of inspections, prepared a false record ofinspections or failed to keep a record of inspections pursuant to the provisions of Arti‐cle 14‐3‐2(vi)
A person who has violated the provisions of Article 16‐2 paragraph (3)(vii)
A person who has failed to observe an order to stop or a request for the presentation of
his/her license by a firefighter or police official pursuant to the provisions of Article 16‐74Fire Service Act (Article 44)
5 paragraph (2)(viii) A person who has failed to notify pursuant to the provisions of Article 8 paragraph (2)[including the case where it is applied mutatis mutandis to Article 36 paragraph (1)], Ar‐ticle 9‐3 paragraph (1) [including the case where it is applied mutatis mutandis to para‐graph (2) of the said article), Article 11 paragraph (6), Article 11‐4 paragraph (1), Article
12‐6, Article 12‐7 paragraph (2), Article 13 paragraph (2), Article 17‐3‐2 or Article 17‐14(ix)
A person who has violated an order issued pursuant to the provision of Article 13‐2
paragraph (5) [including the case where it is applied mutatis mutandis to Article 17‐7
paragraph (2)](x)
A person who has submitted a false report, without a justifiable reason, of the occur‐
rence of the situation prescribed in Article 16‐3 paragraph (1) to a fire station, place des‐ignated by the mayor of municipality, police station or coast guard pursuant to theprovisions of Article 16‐3 paragraph (2)(xi)
A person who has failed to report pursuant to the provisions of Article 8‐2‐2 paragraph(1) [including the case where it is applied mutatis mutandis to Article 36 paragraph (1)] or
Article 17‐3‐3 or who has submitted a false report or who has submitted a false report(xii)
A person who has failed to take the necessary measures for the maintenance of fire de‐fense equipment, etc. or special fire defense equipment, etc. in violation of an order is‐sued pursuant to the provision of Article 17‐4 paragraph (1) or paragraph (2)(xiii)A person who has indiscriminately used a fire alarm system, fire hydrant, water stor‐
age facility used for fire defense or watchtower or alarm bell tower used for fire de‐fence. or who has obstructed their proper use in violation of the provisions of Article 18
paragraph (1)(xiv) A person who has violated the provisions of Article 18 paragraph (2)(xv)
A person who has rendered the conditions of a water source for fire defense unservice‐
able without reporting pursuant to the provisions of Article 21 paragraph (3)(xvi) A person who has failed to submit a report or has submitted a false report when a re‐port is requested pursuant to the provisions of Article 21‐14 paragraph (1) or Article 21‐
16‐7 paragraph (1) or who has refused, disrupted or avoided the entry or inspection
prescribed in the same provisions(xvii) A person who has violated an order issued pursuant to the provisions of Article 8‐2‐2
paragraph (4) ) [including the case where it is applied mutatis mutandis to Article 8‐2‐3
paragraph (8) (including the case where it is applied mutatis mutandis to Article 36 par‐agraph (1)) and Article36 paragraph (1) and paragraph (6)] and Article 21‐16‐5(xviii) A person who has violated the restriction pursuant to the provisions of Article 22 para‐graph (4) or Article 23(xix)
A person who has failed to observe the prohibition of the use of fire, an order to leaveor the prohibition or restriction of entry pursuant to the provisions of Article 23‐2(xx)
A person who has submitted, without a justifiable reason, a false report of a fire or afalse report pertaining to an injured or sick person referred to in Article 2 paragraph (9)to a fire station or place designated by the mayor of municipality pursuant to the provi‐sions of Article 24 [including the case where it is applied mutatis mutandis to Article 36
paragraph (8)](xxi)
A person who has failed to observe an order to leave or the prohibition or restriction ofentry pursuant to the provisions of Article 28 paragraph (1) or paragraph (2) (including
the case where it is applied mutatis mutandis to Article 30‐2 and Article 36 paragraph (8)](xxii) A person who has failed to submit information materials or a report when requested to
do so report pursuant to the provisions of Article 35‐3 paragraph (1) [including the casewhere it is applied mutatis mutandis to 35‐3 paragraph (2) and Article 35‐3‐2 paragraph(2)] or has submitted false information materials or a false report75Fire Service Act (Article 44~46‐5)(xxiii) A person who has refused the post‐fire investigation of damage pursuant to the provi‐sions of Article 33.
(Dual Liability)
Article 45
When the representative of a juridical person or an agent, employee or otherworker of a juridical person or an individual has violated the provisions listed in each of thefollowing items in connection with the business of the said juridical person or individual,
not only the offender shall be punished but also the said juridical person shall be shall bepunished by fine prescribed in the said each item while an individual shall be punished byfine prescribed in the respective article.
(i)Article 39‐2‐2 paragraph (1), Article 39‐3‐2 paragraph (1) or Article 41 paragraph (1)item (vii): fine of not more than 100,000,000 yen(ii)
Article 41 paragraph (1) item (ii) or item (v): fine of not more than 30,000,000 yen(iii)
Article 39‐2 paragraph (1) or paragraph (2), Article 39‐3 paragraph (1) or paragraph (2),Article 41 paragraph (1) (excluding item (iii), item(v) and item (vii) of the said para‐graph), Article 42 paragraph (1) (excluding item (vii) and item (x) of the said para‐graph), Article 43 paragraph (1), Article 43‐4 or item (i), item (iii), item (xi), item (xii) or
item (xxii) of the preceding article: fine prescribed in the respective article(Establishment of Penal Provisions by Municipal Ordinance)
Article 46
It may be provided for by a municipal ordinance pursuant to the provisions ofArticle 9‐4 that any person who has violated the said ordinance shall be sentenced to a fineof not more than 300,000 yen.
Article 46‐2
When an officer or staff member of the Hazardous Materials Safety Techniques
Association or Japan Fire Equipment Inspection Institute has committed a violation under anyof the following items, he/she shall be sentenced to a civil fine of not more than 200,000 yen(i)Failure to obtain the approval or authorization of the Minister of Internal Affairs andCommunications in the case that such approval or authorization is necessary under this
Act.
(ii)
Failure to register in violation of the provisions of a cabinet order prescribed in Article
16‐14 paragraph (1) or Article 21‐21 paragraph (1)(iii)
Performance of operations other than those prescribed in Article 16‐34 paragraph (1)and paragraph (3) or Article 21‐36 paragraph (1) and paragraph (3)(iv)
Violation of an order of the Minister of Internal Affairs and Communications issued
pursuant to the provisions of Article 16‐47 or Article 21‐42 paragraph (2)Article 46‐3
A person who has failed to provide financial statements, etc. or to enter items
which must be entered in financial statements, etc., or has made false entries in violation of
the provisions of Article 21‐52 paragraph (2) or who has refused a request pursuant to theprovisions of each item of paragraph (3) of the said article without a justifiable reason shallbe sentenced to a civil fine of not more than 200,000 yen.
Article 46‐4
A person who has violated the provisions of Article 16‐13 paragraph (2) or Arti‐cle 21‐22 shall be sentenced to a civil fine of not more than 100,000 yen.
Article 46‐5
A person who has failed to make a notification pursuant to the provisions of Ar‐
ticle 8‐2‐3 paragraph (5) [including the case where it is applied mutatis mutandis to Article 36
paragraph (1)], Article 17‐2‐3 paragraph (4) or Article 21‐16‐4 paragraph (1) or paragraph (2)shall be sentenced to a civil fine of not more than 50,000 yen.
76

Fire Service Act (Appended Table 1)
APPENDED TABLE 1(Re: Article 2, Article 10 and Article 11‐4)
Category
Category I

Property
Oxidizing Sol‐
ids

Category II

Combustible
SolidsCategory III

Spontaneously
Combustible
Substances
andWater‐
Prohibitive
Substances

Category IV

Inflammable
Liquids

Category V

Self‐Reactive
Substances

Item
1. Chlorates
2. Perchlorates
3. Inorganic peroxides
4. Chlorites
5. Bromates
6. Nitrates
7. Iodates
8. Permanganates
9. Dichromates
10. Other substances specified by a cabinet order
11. Substances containing any of those listed in the preceding items
1. Phosphorus sulphide
2. Red phosphorus
3. Sulphur
4. Iron powders
5. Metal powders
6. Magnesium
7. Other substances specified by a cabinet order
8. Substances containing any of those listed in the preceding items
9. Inflammable solids
1. Potassium
2. Sodium3. Alkyl aluminium
4. Alkyl lithium
5. Yellow phosphorus
6. Alkali metals (excluding potassium and sodium) and alkaline
earth metals
7. Organic metallic compounds (excluding alkyl aluminium andalkyl lithium)
8. Metal hydroxides
9. Metal phosphides
10. Carbides of calcium or aluminium
11. Other substances specified by a cabinet order
12. Substances containing any of those listed in the preceding items
1. Special inflammables
2. Class I petroleums
3. Alcohols
4. Class II petroleums
5. Class III petroleums
6. Class IV petroleums
7. Animal fats and vegetable oils
1. Organic peroxides
2. Nitrate ester
3. Nitro compounds
4. Nitroso compounds
5. Azo compounds
6. Diazo compounds
7. Hydrazine derivatives
8. Hydroxylamine
9. Hydroxylamine salts
10. Other substances specified by a cabinet order
11. Substances containing any of those listed in the preceding items

77

Fire Service Act (Appended Table 1)
Category
Category VI

Notes
(i)

(ii)

(iii)

(iv)
(v)

(vi)

(vii)
(viii)

(ix)
(x)

(xi)

(xii)

78

Property
Oxidizing
Liquids

Item
1. Perchloric acid
2. Hydrogen peroxide
3. Nitric acid
4. Other substances specified by a cabinet order
5. Substances containing any of those listed in the preceding items

Oxidizing solids mean solids [substances other than liquids (substances forming liq‐
uids at a temperature of 20°C at 1 atmospheric pressure or substances which are lique‐fied at a temperature exceeding 20°C but not higher than 40°C; the same shall apply
hereinafter) or gases (substances forming gases at a temperature of 20°C at 1 atmos‐
pheric pressure); the same shall apply hereinafter] which show the properties which
are specified by a cabinet order in tests specified by a cabinet order to determine thepotential hazards of oxidizing power or which show the properties which are specified
by a cabinet order in tests specified by a cabinet order to determine the sensitivity to
impacts.
Combustible solids mean solids which show the properties specified by a cabinet orderin tests specified by a cabinet order to determine the hazards of ignition from flame orsolids which show inflammability in tests specified by a cabinet order to determine thehazards of flashing.
Iron powders mean powders of iron, excluding those which are specified by an ordi‐
nance of the Ministry of Internal Affairs and Communications in consideration of grainsize, etc.
Phosphorus sulphide, red phosphorus, sulphur and iron powder are deemed to show
the properties specified in Item 2 of the Notes.
Metal powders mean powders of metals other than alkali metals, alkali earth metals,
iron and magnesium, excluding those which are specified by an ordinance of the Min‐
istry of Internal Affairs and Communications in consideration of grain size, etc.
Of magnesium and the substances listed in Item 8 of Category II which contain magne‐
sium, those which are specified by an ordinance of the Ministry of Internal Affairs andCommunications in consideration of the shape, etc. are excluded.
Inflammable solids mean solid alcohols and others of which the flash points are below
40°C at 1 atmospheric pressure.
Spontaneously combustible substances and water‐prohibitive substances mean solids
or liquids which show the properties specified by a cabinet order in tests specified by acabinet order to determine the hazards of ignition in air or those which ignite in con‐tact with water or those which show the properties specified by a cabinet order in tests
specified by a cabinet order to determine the hazards of generating combustible gases.
Potassium, sodium, alkyl aluminium, alkyl lithium and yellow phosphorus are
deemed to show the properties specified in the preceding item.
Inflammable liquids means liquids (in the case of Class III petroleums, Class IV petro‐
leums and animal fats and vegetable oils, limited to those which are liquids at a tem‐
perature of 20°C at 1 atmospheric pressure) which show inflammability in tests speci‐
fied by a cabinet order to determine the hazards of inflammability.
Special inflammable materials mean diethyl ether, carbon disulphide and other sub‐stances of which the ignition point is 100°C or lower or of which the flash point is mi‐nus 20°C or lower or of which the boiling point is 40°C or lower at 1 atmospheric pres‐sure.
Class I petroleums mean acetone, gasoline and others of which the flash point is below
21°C at 1 atmospheric pressure.

Fire Service Act (Appended Table 1)(xiii)

Alcohols mean saturated monohydric alcohols (including denatured alcohols) of which
1 molecule is composed of 1 to 3 carbon atoms, excluding those specified by an ordi‐
nance of the Ministry of Internal Affairs and Communications in consideration of thecomposition, etc.
(xiv) Class II petroleums mean heating oil, gas oil and others of which the flash point is 21°C
or higher but lower than 70°C at 1 atmospheric pressure, excluding paints and otherproducts specified by an ordinance of the Ministry of Internal Affairs and Communica‐
tions in consideration of the composition ,etc.
(xv) Class III petroleums mean heavy oil, creosote oil and others of which the flash point is
70°C or higher but less than 200°C at 1 atmospheric pressure, excluding paints andother products specified by an ordinance of the Ministry of Internal Affairs and Com‐
munications in consideration of the composition ,etc.
(xvi) Class IV petroleums mean gear oil, cylinder oil and others of which the flash point is
200°C or higher but less than 250°C at 1 atmospheric pressure, excluding paints andother products specified by an ordinance of the Ministry of Internal Affairs and Com‐
munications in consideration of the composition ,etc.
(xvii) Animal fats and vegetable oils mean fats extracted from fats of meat, etc. of animals oroils extracted from vegetable seeds or sarcocarps, of which the flash point is less than
250°C at 1 atmospheric pressure, excluding those which are stored and kept as speci‐
fied by an ordinance of the Ministry of Internal Affairs and Communications.
(xviii) Self‐reactive materials are solids or liquids which show the properties specified by acabinet order in tests specified by a cabinet order to determine the hazards of explosion
or those which show the properties specified by a cabinet order in tests specified by acabinet order to determine the intensity of thermolysis.
(xix) With regard to the substances listed in Item (ix) of Category V, those which contain in‐
ert solids and which are specified by an ordinance of the Ministry of Internal Affairs
and Communications among substances containing organic peroxides are excluded.
(xx)
Oxidizing liquids mean liquids which show the properties specified by a cabinet orderin tests specified by a cabinet order to determine the potential hazards of oxidizing
power.
(xxi) The names of substances which have 2 or more of the properties indicated in the prop‐
erty column of this table shall be specified by an ordinance of the Ministry of Internal
Affairs and Communications.

79

Fire Service Act (Appended Table 2~3)
APPENDED TABLE 2(Re: Article 21‐46)
Operation under
Article 21‐45 item (i)Operations under
Article 21‐45 item (ii)through item (iv)(i)

A person who has graduated from a university or college under the
School Education Act by completing a major or course in mechanicalengineering, electrical engineering or industrial chemistry, or a person
whose scholastic ability is equivalent to or superior than that of theafore‐mentioned person(ii) A person qualified as a fire defense equipment officer(iii) A person qualifies as a first class architect as prescribed in the provi‐sions of Article 2 paragraph (2) of the Architect Act (Act No.202 of
1950)(iv) A person with the practical experience in examination or inspection
pertaining to fire prevention for three years or longer
A person who has graduated from a university or college under the School
Education Act by completing a major or course in mechanical engineering,
electrical engineering or industrial chemistry, or a person whose scholastic
ability is equivalent to or superior than that of the afore‐mentioned person

APPENDED TABLE 3(Re: Article 21‐46)
Operation under
Article 21‐45 item (i)Operation under
Article 21‐45 item (ii)

Operation under
Article 21‐45 item (iii)

Operation under
Article 21‐45 item (iv)80(i) wood crib drying device(ii) heat distribution measuring device(iii) smoke density distribution measuring device(iv) aerial current distribution measuring device(v) carbon monoxide concentration distribution measuring device(vi) load cell(vii) smoke exhaust and purification device(i) wood crib drying device(ii) enclosed‐type sprinkler head sensitivity testing device(iii) water sprinkling distribution measuring device(iv) pressure testing machine(v) high pressure and large volume testing pump(vi) fire‐extinguishing foam generator(vii) gas chromatograph(viii) antiweatherability testing machine(ix) smoke exhaust and purification device(i) sensor sensitivity testing device(ii) spectrum analyzer(iii) iteration testing machine(iv) ambient temperature testing machine(v) shock voltage testing machine(vi) vibration testing machine(vii) impact testing machine(viii) etching testing machine(ix) humidity testing machine(x) dust testing machine(i) tensile strength testing device(ii) compressive strength testing device(iii) neutral salt spray testing machineFIRE SERVICE ACT
Published in 2015
INTERNATIONAL FIRE SERVICE INFORMATION CENTER
c/o Fire Protection Equipment & Safety Center of Japan
9‐16, Toranomon 2‐chome, Minato‐ku, Tokyo 105‐0001, Japan
Tel. +81‐3‐3501‐7925 Fax. +81‐3‐3501‐7903