Article 1The purpose of this Act is to prevent, guard against, and suppress fires in order to protect the lives, bodies and property of citizens from fires, and to reduce the damage arising from fires or disasters such as earthquakes, thereby maintaining peace and order and contributing to the promotion of social and public welfare.

Article 2(1)In this Act, the meanings of the terms listed in the following paragraphs are as prescribed respectively in those paragraphs.

(2)The term "property under fire prevention measures" means a forest, or a vessel or vehicle, a ship moored at a dock or a pier, a building or other structure or property belonging thereto.

(3)The term "property under fire defense measures" means a forest, or a vessel and vehicle, a ship moored at a dock or a pier, a building or other structure or any other object.

(4)The term "person concerned" means the owner, manager or possessor of a property under fire prevention measures or a property under fire defense measures.

(5)The term "place concerned" means the place where a property under fire prevention measures or a property under fire defense measures is located.

(6)The term "vessel and vehicle" means a ship, cutter, lighter, tugboat or other vessel to which the provisions of Article 2, paragraph (1) of the Ship Safety Act (Act No. 11 of 1933) do not apply, and a vehicle.

(7)The term "hazardous materials" means the materials listed in the Names of Items column of Appended Table 1, which have the properties listed in the Nature column of that table according to the Categories specified in that table.

(8)The term "firefighting team" means a unit of firefighters or fire corps volunteers equipped with firefighting equipment or a prefectural aviation firefighting team under the provisions of Article 30, paragraph (30) of the Fire Defense Organization Act (Act No. 226 of 1947).

(9)The term "ambulance services" means the services for transporting a person who has suffered an injury or contracted a disease as a result of an accident that occurred due to a disaster or an accident that occurred in the open air or at a place with public access (hereinafter referred to as an "accident due to a disaster, etc." in this paragraph) or as a result of an accident equivalent to an accident due to a disaster, etc. or another cause specified by Cabinet Order that occurred in cases specified by Cabinet Order, and who needs to be transported urgently to a medical institution or any other place, by means of an ambulance team, to a medical institution (meaning a medical institution specified by Order of the Ministry of Health, Labor and Welfare) or any other place (including the services for providing a person who has suffered an injury or contracted a disease with first-aid treatment, as an urgent and unavoidable measure, until that person is placed under the care of a doctor).

Article 3(1)A fire chief (in the case of a municipality which has no fire defense headquarters, its mayor; the same applies hereinafter, except in Chapter VI and Article 35-3-2), fire station chief or other firefighter may order a person who is committing an act in the open air that is found to be dangerous from a fire prevention perspective, or the owner, manager or possessor, who holds title, of an object in the open air that is found to be dangerous from a fire prevention perspective or an object in the open air that is found to be likely to hinder fire extinguishing activities, evacuation and other fire defense activities, to take the following necessary measures:

(2)When a fire chief or fire station chief is unable to ascertain the owner, manager or possessor, who holds title, of an object that is found to be dangerous from a fire prevention perspective or an object that is found to be likely to hinder fire extinguishing activities, evacuation and other fire defense activities, and therefore unable to order those persons to take any necessary measures under the provisions of the preceding paragraph, the fire chief or fire station chief may have their fire defense personnel (in the case of a municipality which has no fire defense headquarters, a fire corps volunteer; the same applies in paragraph (4) (including as applied mutatis mutandis pursuant to Article 5, paragraph (2) and Article 5-3, paragraph (5)) and Article 5-3, paragraph (2)) take the measures listed in item (iii) or item (iv) of the preceding paragraph with regard to that object, at the expense of that person.In this case, if the fire chief or fire station chief has had the object removed, the chief or fire station chief must retain that object.

(3)The provisions of Article 64, paragraph (3) through paragraph (6) of the Basic Act on Disaster Management (Act No. 223 of 1961) apply mutatis mutandis where a fire chief or fire station chief retains an object pursuant to the provisions of the preceding paragraph.In this case, in these provisions, the term "municipal mayor" is deemed to be replaced with "fire chief or fire station chief," the term "structure, etc." is deemed to be replaced with "object," and the phrase "the municipality which is under the control and jurisdiction of the municipal mayor" is deemed to be replaced with "the municipality to which the fire chief or fire station chief belongs."

(4)Where a fire chief or fire station chief has ordered that any necessary measures should be taken pursuant to the provisions of paragraph (1), if the person ordered to take the measures does not implement the measures at all or does not implement them fully, or if the measures should be implemented by a certain time limit but the implementation thereof is not expected to be completed by the time limit, the fire chief or fire station cheif may, as provided for in the Act on Substitute Execution by Administration (Act No. 43 of 1948), have their fire defense personnel or a third party take those measures.

Article 4(1)A fire chief or fire station chief, when it is necessary for fire prevention, may order a person concerned to submit information materials or request a person concerned to make reports, or have their fire defense personnel (in the case of a municipality which has no fire defense headquarters, an official engaged in the fire service affairs of the municipality or a full-time fire corps volunteer of the municipality; the same applies hereinafter, except in Article 5-3, paragraph (2)) enter any place of work, factory or place with public access or any other place concerned, and inspect the position, structure equipment or the status of the management of the property under fire defense measures or ask questions of any related person; provided, however, that the fire chief or fire station chief must not have their fire defense personnel enter an individual's residence unless the person concerned gives consent or there is a particularly urgent necessity for that entry due to an extremely high fire risk.

(2)When entering any place concerned pursuant to the provisions of the preceding paragraph, fire defense personnel must carry their identification cards as specified by the municipal mayor, and present them when requested to do so by any related person.

(3)When entering any place concerned pursuant to the provisios of paragraph (1), fire defense personnel must not interfere with the business of a person concerned without due cause.

(4)Fire defense personnel may not divulge, without due cause, any secret regarding a person concerned that they have come to know in the course of entering any place concerned and conducting an inspection or carrying out questioning pursuant to the provisions of paragraph (1).

Article 4-2(1)A fire chief or fire station chief, when it is particularly necessary for fire prevention, may specify a property under fire defense measures and a date or period and have a fire corps volunteer within their jurisdictional district (in the case of a municipality which has no fire defense headquarters, limited to a part-time fire corps volunteer) enter the property and conduct an inspection or carry out questioning as set forth in paragraph (1) of the preceding Article on that date or during that period.

(2)The provisions of the proviso to paragraph (1) of the preceding Article and paragraph (2) through paragraph (4) of that Article apply mutatis mutandis in the case referred to in the preceding paragraph.

Article 5(1)Where a fire chief or fire station chief finds the position, structure, equipment or the status of the management of a property under fire prevention measures to be dangerous from a fire prevention perspective, finds it to be likely to hinder fire extinguishing activities, evacuation and other fire defense activities, or finds that it will endanger human life once a fire occurs, or finds other necessities arising from a fire prevention perspective, the fire chief or fire station chief may order the person concerned who holds title (in cases where it is found that there is a particularly urgent necessity, the person concerned and the contractor of a construction work or site manager) to improve, relocate or remove that property under fire prevention measures or suspend or stop the construction work thereof or take any other necessary measures; provided, however, that this does not apply to a building or other structure for which permission or authorization for the construction, extension, reconstruction, or relocation and reconstruction has been granted under other laws and regulations and where there has been no change in the circumstances thereafter.

(2)The provisions of Article 3, paragraph (4) apply mutatis mutandis where a fire chief or fire station chief has ordered any necessary measures pursuant to the provisions of the preceding paragraph.

(3)Where a fire chief or fire station chief has issued an order under the provisions of paragraph (1), the fire chief or fire station chief must give public notice to that effect by posting a sign or by another method specified by Order of the Ministry of Internal Affairs and Communications.

(4)The sign set forth in the preceding paragraph may be posted at the property under fire prevention measures for which an order is issued under the provisions of paragraph (1) or at the place where that property under fire prevention measures is located.In this case, the owner, manager or possessor of the property under fire prevention measures for which an order is issued under the provisions of that paragraph or the place where that property under fire prevention measures is located may not refuse or obstruct the posting of the sign.

Article 5-2(1)Where the position, structure, equipment or the status of the management of a property under fire prevention measures fall under any of the following cases, a fire chief or fire station chief may order the person concerned who holds title to prohibit, suspend or restrict the use of the property under fire prevention measures:

(2)The provisions of paragraph (3) and paragraph (4) of the preceding Article apply mutatis mutandis to an order under the provisions of the preceding paragraph.

Article 5-3(1)A fire chief, fire station chief or other firefighter may order a person who is committing an act that is found to be dangerous from a fire prevention perspective within a property under fire prevention measures, or the owner, manager or possessor, who holds title, of an object that is found to be dangerous from a fire prevention perspective within a property under fire prevention measures or of an object that is found to be likely to hinder fire extinguishing activities, evacuation and other fire defense activities within a property under fire prevention measures (in cases where it is found that there is a particularly urgent necessity, the owner, manager or possessor of that object or the person concerned with that property under fire prevention measures; the same applies in the following paragraph), to take the necessary measures listed in the items of Article 3, paragraph (1).

(2)When a fire chief or fire station chief is unable to ascertain the owner, manager or possessor, who holds title, of an object that is found to be dangerous from a fire prevention perspective or an object that is found to be likely to hinder fire extinguishing activities, evacuation and other fire defense activities, and therefore unable to order these persons to take any necessary measures under the provisions of the preceding paragraph, the fire chief or fire station chief may have their fire defense personnel take the measures listed in Article 3, paragraph (1), item (iii) or item (iv) with regard to that object, at the expense of that person. In this case, the fire and fire station chief, in advance, must set a reasonable time limit and give public notice to the effect that those measures should be implemented by that time limit and that if the measures have not been implemented by that time limit, their fire defense personnel will implement the measures; provided, however, that this does not apply when it is found that there is an urgent necessity.

(3)If a fire chief or fire station chief has taken any measures under the provisions of the preceding paragraph and has had the object removed, the fire chief or fire station chief must retain that object.

(4)The provisions of Article 64, paragraph (3) through paragraph (6) of the Basic Act on Disaster Management apply mutatis mutandis where a fire chief or fire station chief retains an object pursuant to the provisions of the preceding paragraph.In this case, in these provisions, the term "municipal mayor" is deemed to be replaced with "fire chief or fire station chief," the term "structure, etc." is deemed to be replaced with "object," and the phrase "the municipality which is under the control and jurisdiction of the municipal mayor" is deemed to be replaced with "the municipality to which the fire chief or fire station chief belongs."

(5)The provisions of Article 3, paragraph (4) apply mutatis mutandis where a fire chief or fire station chief has ordered any necessary measures pursuant to the provisions of paragraph (1), and the provisions of Article 5, paragraph (3) and paragraph (4) apply mutatis mutandis to an order under the provisions of paragraph (1).

Article 5-4The period set forth in the main clause of Article 14, paragraph (1) of the Administrative Complaint Review Act (Act No. 160 of 1962) or Article 45 of that Act with regard to a request for administrative review of or a filling of an objection to an order issued under the provisions of Article 5, paragraph (1), Article 5-2, paragraph (1), or paragraph (1) of the preceding Article is within 30 days from the day following the day on which the order was issued.

Article 6(1)An action for the revocation of an order issued under the provisions of Article 5, paragraph (1), Article 5-2, paragraph (1) or Article 5-3, paragraph (1) or for the revocation of an administrative determination or decision concerning an appeal against that order may not be filed after 30 days have elapsed from the day on which the order or the determination or decision was issued or made; provided, however that this does not apply where there are reasonable grounds for failing to meet that time limit.

(2)Where a judgment is made to revoke an order issued under the provisions of Article 5, paragraph (1) or Article 5-2, paragraph (1), any loss arising from that order is to be compensated for at the market value.

(3)If the position, structure, equipment or the status of the management of a property under fire prevention measures prescribed in Article 5, paragraph (1) or Article 5-2, paragraph (1) is not in violation of this Act or any order under this Act or of other laws and regulations, any loss arising from an order issued under the provisions of Article 5, paragraph (1) or Article 5-2, paragraph (1), notwithstanding the provisions of the preceding paragraph, is to be compensated for at market value.

(4)Costs required for paying compensation under the provisions of the preceding two paragraphs are borne by the municipality concerned.

Article 7(1)An administrative authority which has the power to grant permission, authorization or confirmation for the new construction, extension, reconstruction, relocation, repair or remodeling of a building, for a change of intended purpose of a building or for use of a building, or a person delegated thereby, or a designated confirmation and inspection body which makes a confirmation under the provisions of Article 6-2, paragraph (1) of the Building Standards Act (Act No. 201 of 1950) (including as applied mutatis mutandis pursuant to Article 87, paragraph (1); hereinafter the same applies in this paragraph) (meaning a designated confirmation and inspection body prescribed in Article 77-21, paragraph (1) of that Act; hereinafter the same applies in this Article) may not grant that permission, authorization or confirmation or make a confirmation under the provisions of Article 6-2, paragraph (1) of that Act, respectively, without the consent of the fire chief or fire station chief who has jurisdiction over the construction site or location of the building for which that permission, authorization or confirmation or a confirmation under the provisions of Article 6-2, paragraph (1) of that Act is sought; provided, however, that this does not apply where the building for which a confirmation (including a confirmation under the provisions of Article 6-2, paragraph (1) of that Act) is sought is a residence (excluding a row house, apartment house and any other residence specified by Cabinet Order) within areas other than primary fire protection districts or secondary fire protection districts listed in Article 8, paragraph (1), item (v) of the City Planning Act (Act No. 100 of 1968) or where a building official makes a confirmation under the provisions of Article 6, paragraph (1) of the Building Standards Act as applied mutatis mutandis pursuant to Article 87-2 of that Act.

(2)Where a fire chief or fire station chief is requested to give consent pursuant to the provisions of the preceding paragraph, if the plan for the building is not in violation of the provisions of any Acts or any order or prefectural/municipal ordinance thereunder (if a fire chief or fire station chief is requested to give consent in cases where a building official or designated confirmation and inspection body makes a confirmation pursuant to the provisions of Article 6, paragraph (4) or Article 6-2, paragraph (1) of the Building Standards Act (including cases where these provisions are applied mutatis mutandis pursuant to Article 87, paragraph (1) of that Act) for the construction, major repair (meaning a major repair as set forth in Article 2, item (xiv) of that Act), major remodeling (meaning major remodeling as set forth in Article 2, item (xv) of that Act) of a building set forth in Article 6-3, paragraph (1), item (i) or item (ii) of that Act or for a change of intended purpose of that building, or makes a confirmation for the construction of a building as set forth in Article 6-3, paragraph (1), item (iii) of that Act, the provisions of the laws and regulations concerning the building standards specified by Cabinet Order as set forth in Article 6, paragraph (1) of that Act as applied by replacing the relevant terms and phrases pursuant to the provisions of Article 6-3, paragraph (1) of that Act are excluded), the fire chief or fire station chief must give consent within three days from the day on which the fire chief or fire station chief was requested to give consent in the case falling under Article 6, paragraph (1), item (iv) of that Act or within seven days from the day on which the fire chief or fire station chief was requested to give consent in other cases, and must give notice to the administrative authority or person delegated thereby or the designated confirmation and inspection body to that effect.In this case, the fire chief or fire station chief, when the fire chief or fire station chief finds any grounds on which the fire chief or fire station chief cannot give consent, must give notice to the administrative authority or person delegated thereby or the designated confirmation and inspection body to that effect by that time limit.

(3)The provisions of Article 68-20, paragraph (1) of the Building Standards Act (including as applied mutatis mutandis pursuant to Article 68-23, paragraph (2) of that Act) apply mutatis mutandis to the examination to be conducted by a fire chief or fire station chief when the fire chief or fire station chief is requested to give consent pursuant to the provisions of paragraph (1).

Article 8(1)A person who holds the title to manage a school, hospital, factory, workplace, entertainment facility, department store (including a large-scale retail store specified by Cabinet Order as being equivalent thereto; the same applies hereinafter), a multi-purpose property under fire prevention measures (meaning a property under fire prevention measures used for two or more intended purposes specified by Cabinet Order; the same applies hereinafter), or any other property under fire prevention measures to which a number of people have access or in which a number of people work or reside and which is specified by Cabinet Order, must appoint a fire prevention manager from among qualified persons specified by Cabinet Order, and have that fire prevention manager prepare a fire defense plan, conduct drills for fire extinguishing activities, reporting and evacuation, inspect and improve the equipment used for fire defense, water supply for fire defense or facilities necessary for fire extinguishing activities, supervise the use or handling of fire, maintain and manage the structure and equipment necessary for evacuation or fire prevention, manage the capacity of the property at the appropriate level, and perform any other operations necessary for fire prevention management according to the fire defense plan with regard to that property under fire prevention measures.

(2)A person who holds the title set forth in the preceding paragraph, when tha person has appointed a fire prevention manager pursuant to the provisions of that paragraph, must notify the competent fire chief or fire station chief to that effect without delay. The same applies when that person has dismissed the fire prevention manager.

(3)If a fire chief or fire station chief finds that a fire prevention manager set forth in paragraph (1) has not been appointed, they may order the person who holds the title set forth in that paragraph to appoint a fire prevention manager pursuant to the provisions of that paragraph.

(4)Where a fire chief or fire station chief finds that the operations necessary for fire prevention management that should be performed pursuant to the provisions of paragraph (1) with regard to a property under fire prevention measures as set forth in that paragraph by a fire prevention manager as set forth in that paragraph have not been performed in accordance with the provisions of laws and regulations or a fire defense plan as set forth in that paragraph, they may order the person who holds the title set forth in that paragraph to take the necessary measures so as to ensure that those operations are performed in accordance with the provisions of laws and regulations or a fire defense plan.

(5)The provisions of Article 5, paragraph (3) and paragraph (4) apply mutatis mutandis to an order under the provisions of the preceding two paragraphs.

Article 8-2(1)With regard to a high-rise building (meaning a building with a height of 31 meters or more; the same applies in Article 8-3, paragraph (1)) or other property under fire prevention measures specified by Cabinet Order, which is subject to management under separate titles, or an underground mall (meaning a combination of an underground passage and a set of stores, offices and other similar facilities established within an underground structure which stand in a row facing that underground passage; the same applies hereinafter), which is subject to management under separate titles, if that property is designated by a fire chief or fire station chief, those persons who hold the titles, through consultation, must prepare a fire defense plan and specify other matters concerning the operations necessary for fire prevention management, which are specified by Order of the Ministry of Internal Affairs and Communications.

(2)The persons who hold the titles set forth in the preceding paragraph, when they have specified the matters which are specified by Order of the Ministry of Internal Affairs and Communications, must notify the competent fire chief or fire station chief to that effect without delay. The same applies when they have made any changes to those matters.

(3)If a fire chief or fire station chief finds that the matters specified by Order of the Ministry of Internal Affairs and Communications set forth in paragraph (1) have not been specified, they may order the persons who hold the titles set forth in that paragraph to specify those matters pursuant to the provisions of that paragraph.

(4)The provisions of Article 5, paragraph (3) and paragraph (4) apply mutatis mutandis to an order under the provisions of the preceding paragraph.

Article 8-2-2(1)A person who holds the title to manage a property under fire prevention measures as set forth in Article 8, paragraph (1) specified by Cabinet Order as one for which inspection is necessary from a fire prevention perspective, as provided for by Order of the Ministry of Internal Affairs and Communications, must have a person who has expert knowledge on the prevention of fire within a property under fire prevention measures and has a qualification specified by Order 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 and Article 36, paragraph (3)) inspect, periodically, whether or not the operations necessary for fire prevention management within the property under fire prevention measures, the installation and maintenance of equipment used for fire defense, supply of water for fire defense or facilities necessary for fire extinguishing activities and other matters necessary for the prevention of fire (referred to as the "matters subject to inspection" in the following paragraph, paragraph (1) of the following Article and Article 36, paragraph (3)) conform to the standards specified by Order of the Ministry of Internal Affairs and Communications regarding the matters provided for in this Act or any order under this Act (referred to as the "inspection standards" in the following paragraph, paragraph (1) of the following Article and Article 36, paragraph (3)), and have that person report the inspection results to a fire chief or fire station chief; provided, however, that this does not apply to the matters subject to the inspection and reporting under the provisions of Article 17-3-3.

(2)Where the matters subject to inspection pertaining to a property under fire prevention measures, as a result of an inspection under the provisions of the preceding paragraph (in the case of a property under fire prevention measures which is subject to management under separate titles, an inspection under the provisions of the preceding paragraph covering the whole of the property under fire prevention measures (excluding the part for which a certification is granted under the provisions of paragraph (1) of the following Article)), are judged by a qualified inspector of a property under fire prevention measures to conform to the inspection standards, a label stating the date of inspection and other matters specified by Order of the Ministry of Internal Affairs and Communications may be affixed to that property, as provided for by Order of the Ministry of Internal Affairs and Communications.

(3)Except in the case prescribed in the preceding paragraph, it is prohibited for any person to affix a label set forth in that paragraph or any label confusingly similar to a label set forth in that paragraph to any property under fire prevention measures.

(4)Upon finding any property under fire prevention measures to which a label set forth in paragraph (2) is affixed without complying with the provisions of paragraph (2) or to which a label confusingly similar to a label set forth in that paragraph is affixed, a fire chief or fire station chief may order the person concerned who holds title in that property under fire prevention measures to remove that label or affix a cancellation mark thereon.

(5)The provisions of paragraph (1) do not apply to a property under fire prevention measures for which the certification set forth in paragraph (1) of the following Article is granted.

Article 8-2-3(1)A fire chief or fire station chief may certify a property under fire prevention measures set forth in paragraph (1) of the preceding Article which satisfies the following requirements, as a property under fire prevention measures for which special provisions should be established with regard to the application of the provisions of that paragraph, upon an application from the person who holds the title to manage the property under fire prevention measures:

(2)An applicant, as provided for by Order of the Ministry of Internal Affairs and Communications, must apply to a fire chief or fire station chief by attaching, to a written application, a document stating the location of the property under fire prevention measures for which a certification under the provisions of the preceding paragraph is sought and other matters specified by Order of the Ministry of Internal Affairs and Communications, and undergo an inspection.

(3)When a fire chief or fire station chief has granted a certification under the provisions of paragraph (1) or decided not to grant that certification, they, as provided for by Order of the Ministry of Internal Affairs and Communications, must give notice to the applicant to that effect.

(4)When a property under fire prevention measures for which a certification under the provisions of paragraph (1) was granted has come to fall under any of the following, the certification ceases to be effective:

(5)When there has been a change of the person holding the title to manage the property under fire prevention measures for which a certification under the provisions of paragraph (1) was granted, the person who initially held the title, as provided for by Order of the Ministry of Internal Affairs and Communications, must notify a fire chief or fire station chief to that effect.

(6)When a property under fire prevention measures for which a certification under the provisions of paragraph (1) was granted falls under any of the following, the fire chief or fire station chief must rescind the certification:

(7)With regard to a property under fire prevention measures for which a certification under the provisions of paragraph (1) was granted (in the case of a property under fire prevention measures which is subject to management under separate titles, limited to that property under fire prevention measures where a certification under the provisions of that paragraph was granted for the property as a whole), a label stating the date of certification and other matters specified by Order of the Ministry of Internal Affairs and Communications may be affixed to that property, as provided for by Order of the Ministry of Internal Affairs and Communications.

(8)The provisions of paragraph (3) and paragraph (4) of the preceding Article apply mutatis mutandis to a label set forth in the preceding paragraph.

Article 8-2-4A person who holds the title to manage a school, hospital, factory, workplace, entertainment facility, department store, hotel, restaurant, underground mall, multi-purpose property under fire prevention measures or any other property under fire prevention measures specified by Cabinet Order must manage the corridors, staircases, escape exits and other facilities necessary for evacuation within the property under fire prevention measures so as to avoid any object that is likely to hinder evacuation from being left unaddressed or retained without due cause around these facilities, and must also manage the fire doors within that property so as to avoid any object that is likely to hinder the closing of the doors from being left unaddressed or retained without due cause in front of the doors.

Article 8-2-5(1)A person who has the title to manage a property under fire prevention measures set forth in Article 8, paragraph (1), to which a number of people have access and which is specified by Cabinet Order as a large-scale property, must set up a fire defense organization for self-protection within the property under fire prevention measures, as provided for by Cabinet Order.

(2)When the person who holds the title set forth in the preceding paragraph has set up a fire defense organization for self-protection pursuant to the provisions of that paragraph, they must notify the competent fire chief or fire station chief of the current status of the staff of the fire defense organization for self-protection and other matters specified by Order of the Ministry of Internal Affairs and Communications without delay. The same applies when the person has made any changes to those matters.

(3)If a fire chief or fire station chief finds that a fire defense organization for self-protection as set forth in paragraph (1) has not been set up, they may order the person who has the title set forth in that paragraph to set up a fire defense organization for self-protection pursuant to the provisions of that paragraph.

(4)The provisions of Article 5, paragraph (3) and paragraph (4) apply mutatis mutandis to an order under the provisions of the preceding paragraph.

Article 8-3(1)Goods under the flame retardancy requirement to be used in a high-rise building or an underground mall or a theater, cabaret, hotel, hospital or any other property under fire prevention measures specified by Cabinet Order (meaning stage curtains and other curtains, plywood for display and other similar goods specified by Cabinet Order; the same applies hereinafter) must be flame retardant to a level which satisfies or exceeds the standards specified by Cabinet Order.

(2)With regard to goods under the flame retardancy requirement or materials thereof which are flame retardant as set forth in the preceding paragraph (hereinafter referred to as "flame retardant goods" in this Article), a label stating that the respective goods are flame retardant as set forth in that paragraph may be affixed to the goods, as provided for by Order of the Ministry of Internal Affairs and Communications.

(3)Except in cases when affixing a label pursuant to the provisions of the preceding paragraph and when affixing a label relating to the flame retardancy of goods under the flame retardancy requirement or materials thereof, which is specified by Order of the Ministry of Internal Affairs and Communications, pursuant to the provisions of the Industrial Standardization Act (Act No. 185 of 1949) or other Acts specified by Cabinet Order (that label is hereinafter referred to as a "designated label" in this Article), it is prohibited for any person to affix a label set forth in that paragraph or any confusingly similar label to goods under the flame retardancy requirement or materials thereof.

(4)No goods under the flame retardancy requirement or materials thereof must be sold or displayed for sale as flame retardant goods unless a label set forth in paragraph (2) or a designated label is affixed to them.

(5)When the person concerned with the property under fire prevention measures set forth in paragraph (1) has had a third party treat goods under the flame retardancy requirement, which are to be used within that property under fire prevention measures, so that those goods under the flame retardancy requirement or materials thereof will be flame retardant as set forth in that paragraph, or has had a third party make curtains or other goods under the flame retardancy requirement by using cloth or other materials to which a label set forth in paragraph (2) or a designated label is affixed, that person must clearly indicate that fact as provided for by Order of the Ministry of Internal Affairs and Communications.

Article 9The matters necessary for prevention of fire with regard to the position, structure and management of fixed cooking stoves, bath heaters and other equipment which uses fire or equipment which might pose a fire risk when used, the handling of kitchen ranges, kotatsu [a heater consisting of a low table with a heat source underneath, covered with a heavy blanket] and other appliances which use fire or appliances which might pose a fire risk when used, and other cases of the use of fire are specified by municipal ordinance in accordance with the standards specified by Cabinet Order.

Article 9-2(1)A person concerned with a property under fire prevention measures to be used for a residential purpose (in the case of a property under fire prevention measures which is partially used for purposes other than a residential purpose, excluding the part to be used for those purposes other than a residential purpose; hereinafter referred to as a "residence" in this Article) must install and maintain a disaster prevention device for a residence (meaning a machine, tool or equipment useful for the prevention of fire in a residence, which is specified by Cabinet Order; hereinafter the same applies in this Article) in accordance with the standards for installation and maintenance of disaster prevention devices for residences under the provisions of the following paragraph.

(2)The standards for the installation and maintenance of disaster prevention devices for residences and other matters necessary for prevention of fire at a residence are specified by municipal ordinance in accordance with the standards specified by Cabinet Order.

Article 9-3(1)A person who stores or handles compressed acetylene gas, liquefied petroleum gas or any other substance which is likely to seriously hinder fire prevention or fire extinguishing activities and is specified by Cabinet Order must notify the competent fire chief or fire station chief to that effect in advance; provided, however, that this does not apply in cases where that substance is stored or handled by means of a ship, automobile, aircraft, railway or tramway or in other cases specified by Cabinet Order.

(2)The provisions of the preceding paragraph apply mutatis mutandis where the storage or handling set forth in that paragraph is discontinued.

Article 9-4(1)The technical standards for the storage and handling of hazardous materials less than the quantity designated by Cabinet Order by taking into consideration the dangerousness of the hazardous materials (hereinafter referred to as the "designated quantity"), and of straw products, wood-wool and other goods designated by Cabinet Order as goods which will, once having caught fire, lead to the quick spread of the fire or make it extremely difficult to carry out fire extinguishing activities; (hereinafter referred to as "designated flammable goods") or other goods similar to designated flammable goods, are specified by municipal ordinance.

(2)The technical standards for the position, structure and equipment of facilities where hazardous materials less than the designated quantity, designated flammable goods or other goods similar to designated flammable goods are stored or handled (excluding the technical standards for fire defense equipment, etc. set forth in Article 17, paragraph (1)) are specified by municipal ordinance.

Article 10(1)Hazardous materials of the designated quantity or a larger quantity must not be stored at facilities other than a storage facility (including a storage facility for storing or handling hazardous materials by means of a tank mounted on a vehicle (hereinafter referred to as a "mobile tank storage facility"); the same applies hereinafter), nor must they be handled at facilities other than a manufacturing facility, storage facility and handling facility; provided, however, that this does not apply where the designated quantity or a larger quantity of hazardous materials are stored or handled temporarily for not more than ten days with the approval of the competent fire chief or fire station chief.

(2)When storing or handling, at the same facility, two or more types of hazardous materials which are categorized by different material names as listed in Appended Table 1 (simply referred to as "names of materials" in Article 11-4, paragraph (1)) or for which different quantities are designated, if the sum of the quotients obtained by dividing the quantities of these types of hazardous materials stored or handled at that facility by the designated quantities for respective types of hazardous materials equals or exceeds one, that facility is deemed to be storing or handling the designated quantity or a larger quantity of hazardous materials.

(3)The storage or handling of hazardous materials to be conducted at a manufacturing facility, storage facility or handling facility must be conducted in accordance with the technical standards specified by Cabinet Order.

(4)The technical standards for the position, structure and equipment of a manufacturing facility, storage facility and handling facility must be specified by Cabinet Order.

Article 11(1)A person who intends to establish a manufacturing facility, storage facility or handling facility, as provided for by Cabinet Order, obtain permission for each manufacturing facility, must storage facility or handling facility from the person specified in each of the following items according to the categories of manufacturing facility, storage facility or handling facility listed in the respective items. The same applies to a person who intends to change the position, structure or equipment of a manufacturing facility, storage facility or handling facility:

(2)The municipal mayor, prefectural governor or Minister of Internal Affairs and Communications specified in each of the items of the preceding paragraph according to the categories of manufacturing facility, storage facility or handling facility listed in the respective items (hereinafter referred to as the "municipal mayor, etc." in this Chapter and the following Chapter), upon application for permission under the provisions of that paragraph, must grant permission if the position, structure and equipment of the manufacturing facility, storage facility or handling facility conform to the technical standards set forth in paragraph (4) of the preceding Article and the storage or handling of hazardous materials to be conducted at the manufacturing facility, storage facility or handling facility is unlikely to hinder the maintenance of public safety or the prevention of the occurrence of disasters.

(3)When the Minister of Internal Affairs and Communications intends to grant permission under the provisions of paragraph (1), item (iv) with regard to a handling facility for transfer, the Minister must give notice to the relevant prefectural governors to that effect.In this case, those relevant prefectural governors may state their opinions to the Minister concerning the permission.

(4)With regard to the permission under the provisions of paragraph (1), item (iv) for a handling facility for transfer, the relevant municipal mayors may state their opinions to the prefectural governor or the Minister of Internal Affairs and Communications.

(5)When a person who obtained permission under the provisions of paragraph (1) has established a manufacturing facility, storage facility or handling facility or changed the position, structure or equipment of a manufacturing facility, storage facility or handling facility, that person must not use the manufacturing facility, storage facility or handling facility until after the respective facility has undergone a completion inspection conducted by the municipal mayor, etc. and is judged to conform to the technical standards set forth in paragraph (4) of the preceding Article; provided, however, that in cases where that person changes the position, structure or equipment of a manufacturing facility, storage facility or handling facility, if that person has obtained approval from the municipal mayor, etc., in whole or in part, for the manufacturing facility, storage facility or handling facility other than the part pertaining to the construction work for making the change, that person may provisionally use the approved part even before undergoing a completion inspection.

(6)In the event of an assignment or transfer of a manufacturing facility, storage facility or handling facility, the assignee or transferee succeeds to the status of the person who obtained permission under the provisions of paragraph (1).In this case, the person who has succeeded to the status of the person who obtained permission under the provisions of that paragraph must notify the municipal mayor, etc. to that effect without delay.

(7)When a municipal mayor, etc. has granted permission under the provisions of paragraph (1) (excluding permission to be granted under the provisions of the second sentence of that paragraph for minor matters specified by Order of the Ministry of Internal Affairs and Communications) for a manufacturing facility, storage facility or handling facility specified by Cabinet Order, that municipal mayor, etc., as provided for by Cabinet Order, must report to the National Public Safety Commission or the prefectural public safety commission or the Commandant of the Japan Coast Guard to that effect.

Article 11-2(1)A person who has obtained permission under the provisions of paragraph (1) of the preceding Article for the establishment of a manufacturing facility, storage facility or handing facility specified by Cabinet Order or for a change to the position, structure or equipment thereof, with regard to the construction work specified by Cabinet Order for which the permission has been granted, must undergo an inspection conducted by a municipal mayor, etc. for each construction process specified by Cabinet Order, in terms of whether or not the matters concerning the structure or equipment of that manufacturing facility, storage facility or handling facility, as specified by Cabinet Order (hereinafter referred to as the "specified matters" in this Article and the following Article), conform to the technical standards set forth in Article 10, paragraph (4), before undergoing a completion inspection as set forth in paragraph (5) of the preceding Article.

(2)Until after the specified matters are judged to conform to the technical standards set forth in Article 10, paragraph (4) in the inspection set forth in the preceding paragraph, the person prescribed in the preceding paragraph may not undergo a completion inspection as set forth in paragraph (5) of the preceding Article with regard to the construction work for establishing the manufacturing facility, storage facility or handling facility pertaining to those specified matters or for changing the position, structure or equipment thereof.

(3)When the person prescribed in paragraph (1) undergoes a completion inspection as set forth in paragraph (5) of the preceding Article with regard to the construction work for establishing the manufacturing facility, storage facility or handling facility pertaining to the specified matters which have been judged in the inspection set forth in paragraph (1) to conform to the technical standards set forth in Article 10, paragraph (4) or for changing the position, structure or equipment thereof, that person is not required to undergo a completion inspection as set forth in paragraph (5) of the preceding Article with regard to those specified matters.

Article 11-3In the cases listed in the following items, a municipal mayor, etc. may entrust the matters specified in the respective items to the Hazardous Materials Safety Techniques Association (Kikenbutsu Hoangijutsu Kyokai, KHK) (referred to as the "Association" in Article 14-3, paragraph (3)):

Article 11-4(1)A person who intends, without changing the position, structure or equipment of a manufacturing facility, storage facility or handling facility, to change the name, quantity or multiple of the designated quantity of the hazardous materials stored or handled at the manufacturing facility, storage facility or handling facility (the multiple of the designated quantity means the value obtained by dividing the quantity of the hazardous materials stored or handled at the manufacturing facility, storage facility or handling facility by the designated quantity of those hazardous materials (in cases when storing or handling two or more types of hazardous materials which are categorized by different names of materials or for which different designated quantities are designated, the sum of the values obtained by dividing the quantities of these types of hazardous materials stored or handled by the designated quantities of the respective types of hazardous materials)), must notify the municipal mayor, etc. to that effect no later than ten days prior to the day on which the change is scheduled.

(2)In the case referred to in the preceding paragraph, among the hazardous materials listed in the Name of Materials column of Appended Table 1, those which are referred to in Type 1, item (xi), Type 2, item (viii), Type 3, item (xii), Type 5, item (xi), or Type 6, item (v) of that table are deemed to be hazardous materials that have different names if those materials contain several types of materials that have different names as set forth in the Name of Materials column.

(3)The provisions of Article 11, paragraph (7) apply mutatis mutandis where a notification under paragraph (1) is made with regard to a manufacturing facility, storage facility or handling facility as prescribed in Article 11, paragraph (7).

Article 11-5(1)When a municipal mayor, etc. finds that the storage or handling of hazardous materials conducted at a manufacturing facility, storage facility (excluding a mobile tank storage facility) or handling facility is in violation of the provisions of Article 10, paragraph (3), that municipal mayor, etc. may order the owner, manager or possessor of the manufacturing facility, storage facility or handling facility to store or handle hazardous materials in accordance with the technical standards set forth in that paragraph.

(2)A municipal mayor (in the area of a municipality other than a municipality which has fire defense headquarters and a fire station(s), the prefectural governor who has jurisdiction over that area; the same applies in the following paragraph and paragraph (4)) may, in the same manner as that prescribed in the preceding paragraph, order that the storage or handling of hazardous materials at a mobile tank storage facility located in the area under that mayor's jurisdiction should be conducted in accordance with the technical standards set forth in Article 10, paragraph (3).

(3)When a municipal mayor has issued an order under the provisions of the preceding paragraph, that municipal mayor must promptly give notice to that effect, as provided for by Order of the Ministry of Internal Affairs and Communications, to the municipal mayor, etc. who granted permission under the provisions of Article 11, paragraph (1) for the mobile tank storage facility to which the order has been issued.

(4)Where a municipal mayor, etc. or municipal mayor has issued an order under the provisions of paragraph (1) or paragraph (2) respectively, that municipal mayor, etc. or municipal mayor must give public notice to that effect by posting a sign or by other methods specified by Order of the Ministry of Internal Affairs and Communications.

(5)The sign set forth in the preceding paragraph may be posted at the manufacturing facility, storage facility or handling facility for which an order is issued under the provisions of paragraph (1) or paragraph (2).In this case, the owner, manager or possessor of the manufacturing facility, storage facility or handling facility for which an order is issued under the provisions of paragraph (1) or paragraph (2) must not refuse or obstruct posting of the sign.

Article 12(1)The owner, manager or possessor of a manufacturing facility, storage facility or handling facility must maintain the manufacturing facility, storage facility or handling facility so that the position, structure and equipment of the facility conform to the technical standards set forth in Article 10, paragraph (4).

(2)When a municipal mayor, etc. finds that the position, structure and equipment of a manufacturing facility, storage facility or handling facility fail to conform to the technical standards set forth in Article 10, paragraph (4), that municipal mayor, etc. may order the owner, manager or possessor of the manufacturing facility, storage facility or handling facility who holds title to repair, modify or relocate the facility so as to conform to the technical standards set forth in that paragraph.

(3)The provisions of paragraph (4) and paragraph (5) of the preceding Article apply mutatis mutandis to an order under the provisions of the preceding paragraph.

Article 12-2(1)When the owner, manager or possessor of a manufacturing facility, storage facility or handling facility falls under any of the following items, a municipal mayor, etc. may rescind the permission granted under Article 11, paragraph (1) for the manufacturing facility, storage facility or handling facility or specify a time period and order the suspension of the use of the facility for that period:

(2)When the owner, manager or possessor of a manufacturing facility, storage facility or handling facility falls under any of the following items, a municipal mayor, etc. may specify a time period and oreder the suspension of the use of the manufacturing facility, storage facility or handling facility for that period:

(3)The provisions of Article 11-5, paragraph (4) and paragraph (5) apply mutatis mutandis to an order under the provisions of the preceding two paragraphs.

Article 12-3(1)When a municipal mayor, etc. finds that it is urgently necessary in order to maintain public safety or prevent the occurrence of disasters, that municipal mayor, etc. may order the owner, manager or possessor of a manufacturing facility, storage facility or handling facility to suspend temporarily the use of the manufacturing facility, storage facility or handling facility or may restrict the use of the facility.

(2)The provisions of Article 11-5, paragraph (4) and paragraph (5) apply mutatis mutandis to an order under the provisions of the preceding paragraph.

Article 12-4(1)When the relevant municipal mayor finds that there is a risk of a disaster occurring in relation to the establishment or maintenance of a handling facility for transfer for which permission has been granted under the provisions of Article 11, paragraph (1), item (iv) by a prefectural governor or the Minister of Internal Affairs and Communications (hereinafter referred to as "prefectural governor, etc." in this Article) or the handling of hazardous materials at that handling facility for transfer, that relevant municipal mayor may request that prefectural governor, etc. to take necessary measures.

(2)The prefectural governor, etc., at the request set forth in paragraph (1) of the preceding Article, must conduct the necessary investigation, and must take the measures specified under the provisions of Article 11-5, paragraph (1), Article 12, paragraph (2) or the preceding Article or any other necessary measures if that prefectural governor, etc. finds it necessary based on the investigation results.

(3)When the prefectural governor, etc. has taken the measures set forth in the preceding paragraph, that prefectural governor, etc. must promptly give notice to the relevant municipal mayors to that effect.

Article 12-5The owner, manager or possessor of a handling facility for transfer specified by Cabinet Order must consult with the relevant municipal mayor(s) in advance with regard to the emergency measures to be taken in the event that an outflow of hazardous materials or any other accident occurs and causes a dangerous situation at that handling facility.

Article 12-6When the owner, manager or possessor of a manufacturing facility, storage facility or handling facility has discontinued the use of the manufacturing facility, storage facility or handling facility for its intended purpose, that owner, manager or possessor must notify the municipal mayor, etc. to that effect without delay.

Article 12-7(1)A person who owns, manages or possesses, at the same place of business, manufacturing facilities, storage facilities or handling facilities as specified by Cabinet Order and who stores or handles hazardous materials of the quantity specified by Cabinet Order or a larger quantity, as provided for by Cabinet Order, must appoint a hazardous materials safety supervising manager and have that hazardous materials safety supervising manager supervise and manage the operations for ensuring the safety of hazardous materials at that place of business.

(2)When a person who owns, manages or possesses manufacturing facilities, storage facilities or handling facilities has appointed a hazardous materials safety supervising manager pursuant to the provisions of the preceding paragraph, that person must notify the municipal mayor, etc. to that effect without delay. The same applies when that person has dismissed the hazardous materials safety supervising manager.

Article 13(1)The owner, manager or possessor of a manufacturing facility, storage facility or handling facility specified by Cabinet Order must appoint a hazardous materials security superintendent from among Class A hazardous materials engineers (meaning persons who have obtained a Class A hazardous materials engineer's license; the same applies hereinafter) or Class B hazardous materials engineers (meaning persons who have obtained a Class B hazardous materials engineer's license; the same applies hereinafter) who have had work experience in handling hazardous materials for at least six months, and have that hazardous materials security superintendent supervise the safety of the handling of the hazardous materials that the hazardous materials security superintendent is qualified to handle, as provided for by Order of the Ministry of Internal Affairs and Communications.

(2)When the owner, manager or possessor of a manufacturing facility, storage facility or handling facility has appointed a hazardous materials security superintendent pursuant to the provisions of the preceding paragraph, that owner, manager or possessor must notify the municipal mayor, etc. to that effect without delay. The same applies when that owner, manager or possessor has dismissed the hazardous materials security superintendent.

(3)At a manufacturing facility, storage facility or handling facility, a person other than a hazardous materials engineer (meaning a person who has obtained a hazardous materials engineer's license; the same applies hereinafter) must not handle hazardous materials without the attendance of a Class A hazardous materials engineer or Class B hazardous materials engineer.

Article 13-2(1)The types of hazardous materials engineer's license are a Class A hazardous materials engineer's license, Class B hazardous materials engineer's license, and Class C hazardous materials engineer's license.

(2)The types of hazardous materials that a hazardous materials engineer is qualified to handle and of hazardous materials which a Class A hazardous materials engineer or a Class B hazardous materials engineer is qualified to observe the handling of are specified by Order of the Ministry of Internal Affairs and Communications according to the types of hazardous materials engineer's licenses prescribed in the preceding paragraph.

(3)A hazardous materials engineer's license is issued by a prefectural governor to a person who has passed a hazardous materials engineer's qualification examination.

(4)A prefectural governor may choose not to issue a hazardous materials engineer's license to a person who falls under any of the following items:

(5)If a hazardous materials engineer is in violation of the provisions of this Act or orders under this Act, the prefectural governor who has issued a hazardous materials engineer's license to that hazardous materials engineer may order that hazardous materials engineer to return the hazardous materials engineer's license.

(6)When a prefectural governor finds, within the area under that prefectural governor's jurisdiction, that any hazardous materials engineer who has obtained a hazardous materials engineer's license from another prefectural governor is in violation of the provisions of this Act or orders under this Act, the prefectural governor finding it must give notice to that other prefectural governor to that effect.

(7)In addition to what is prescribed in each of the preceding paragraphs, the revision or reissuance of a hazardous materials engineer's license and any other necessary matters concerning a hazardous materials engineer's license is prescribed by Cabinet Order.

Article 13-3(1)A hazardous materials engineer's qualification examination is conducted to assess the knowledge and skills necessary for ensuring the safety of the handling of hazardous materials.

(2)The types of hazardous materials engineer's qualification examination are a Class A hazardous materials engineer's qualification examination, Class B hazardous materials engineer's qualification examination, and Class C hazardous materials engineer's qualification examination.

(3)A hazardous materials engineer's qualification examination is conducted by a prefectural governor at least once a year for each type of hazardous materials engineer's qualification examination prescribed in the preceding paragraph.

(4)A person who falls under any of the following items may take a Class A hazardous materials engineer's qualification examination:

(5)In addition to what is prescribed in each of the preceding paragraphs, the subjects of a hazardous materials engineer's qualification examination, procedure for taking the qualification examination and other details concerning the implementation of the qualification examination are specified by Order of the Ministry of Internal Affairs and Communications.

Article 13-4(1)A prefecture may, by prefectural ordinance, appoint examiners for a hazardous materials engineer's qualification examination in order to have them prepare questions for a hazardous materials engineer's qualification examination, mark examination papers and conduct other relevant affairs.

(2)The organization and the term of office of examiners for a hazardous materials engineer's qualification examination as prescribed in the preceding paragraph, and other necessary matters concerning examiners for a hazardous materials engineer's qualification examination are prescribed by that prefectural ordinance.

Article 13-5(1)A prefectural governor may entrust a person designated by the Minister of Internal Affairs and Communications to conduct the affairs concerning the implementation of a hazardous materials engineer's qualification examination (hereinafter referred to as the "hazardous materials engineer's qualification examination affairs" in this Chapter).

(2)The designation under the provisions of the preceding paragraph is made upon an application from a person who intends to conduct the hazardous materials engineer's qualification examination affairs.

(3)When a prefectural governor has a person designated by the Minister of Internal Affairs and Communications conduct the hazardous materials engineer's qualification examination affairs pursuant to the provisions of paragraph (1), that prefectural governor is not to conduct the hazardous materials engineer's qualification examination affairs.

Article 13-6(1)The Minister of Internal Affairs and Communications must not make a designation under the provisions of paragraph (1) of the preceding Article unless the Minister finds that the application filed under the provisions of paragraph (2) of that Article satisfies the following requirements:

(2)The Minister of Internal Affairs and Communications must not make a designation under the provisions of paragraph (1) of the preceding Article if the person who has filed an application under the provisions of paragraph (2) of that Article falls under any of the following:

Article 13-7(1)When the Minister of Internal Affairs and Communications has made a designation under the provisions of Article 13-5, paragraph (1), the Minister must give public notice of the name of the person designated and the location of the principal office thereof as well as the date of the designation.

(2)When a person designated under the provisions of Article 13-5, paragraph (1) (hereinafter referred to as a "designated examining body" in this Chapter) intends to change its name or the location of its principal office, the person must notify the Minister of Internal Affairs and Communications to that effect no later than two weeks prior to the day on which the change is scheduled.

(3)When a notification is made under the provisions of the preceding paragraph, the Minister of Internal Affairs and Communications must give public notice to that effect.

Article 13-8(1)A prefectural governor who has decided to entrust a designated examining body to conduct their hazardous materials engineer's qualification examination affairs pursuant to the provisions of Article 13-5, paragraph (1) (hereinafter referred to as an "entrusting prefectural governor") must report to the Minister of Internal Affairs and Communications to that effect and give public notice of the name of the designated examining body, the location of its principal office and the location of its office where the hazardous materials engineer's qualification examination affairs are to be handled, as well as the date on which that prefectural governor came to entrust the designated examining body to conduct the hazardous materials engineer's qualification examination affairs.

(2)When a designated examining body intends to change its name, the location of its principal office or the location of its office where the hazardous materials engineer's qualification examination affairs are handled, it must notify the entrusting prefectural governor (in the case of the location of the office where the hazardous materials engineer's qualification examination affairs are handled, the relevant entrusting prefectural governor) no later than two weeks prior to the day on which the change is scheduled.

(3)When a notification is made under the provisions of the preceding paragraph, the entrusting prefectural governor must give public notice to that effect.

Article 13-9(1)The appointment and dismissal of an officer of a designated examining body does not become effective unless authorized by the Minister of Internal Affairs and Communications.

(2)When an officer of a designated examining body has committed an act in violation of this Act (including orders or dispositions under this Act) or the qualification examination affairs rules set forth in Article 13-12, paragraph (1) or committed an extremely inappropriate act concerning the hazardous materials engineer's qualification examination affairs, the Minister of Internal Affairs and Communications may order the designated examining body to dismiss that officer.

Article 13-10(1)A designated examining body must appoint examiners for a hazardous materials engineer's qualification examination from among those persons who satisfy the requirements specified by Order of the Ministry of Internal Affairs and Communications, and have them prepare questions for the qualification examination and mark examination papers.

(2)When a designated examining body has appointed or dismissed an examiner for a hazardous materials engineer's qualification examination as set forth in the preceding paragraph, it must notify the Minister of Internal Affairs and Communications to that effect without delay.

(3)The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to the dismissal of an examiner for a hazardous materials engineer's qualification examination as set forth in paragraph (1).

Article 13-11(1)Persons who are officers or employees of a designated examining body (including examiners for a hazardous materials engineer's qualification examination as set forth in paragraph (1) of the preceding Article; the same applies in the following paragraph) or those who have held these posts must not divulge any secrets that they have come to know in connection with the hazardous materials engineer's qualification examination affairs.

(2)With regard to the application of the Penal Code (Act No. 45 of 1907) and other penal provisions, officers and employees of a designated examining body who are engaged in the hazardous materials engineer's qualification examination affairs are deemed to be personnel engaged in public service under laws and regulations.

Article 13-12(1)A designated examining body must establish qualification examination affairs rules with regard to the affairs concerning the implementation of the hazardous materials engineer's qualification examination affairs specified by Order of the Ministry of Internal Affairs and Communications, and obtain authorization from the Minister of Internal Affairs and Communications. The same applies when a designated examining body intends to revise the rules.

(2)A designated examining body must hear opinions from the entrusting prefectural governor when it intends to revise its qualification examination affairs rules pursuant to the provisions of the second sentence of the preceding paragraph.

(3)When the Minister of Internal Affairs and Communications finds that the qualification examination affairs rules for which the Minister granted authorization under the provisions of paragraph (1) have become inappropriate for proper and reliable implementation of the hazardous materials engineer's qualification examination affairs, the Minister may order the designated examining body to revise the rules.

Article 13-13(1)A designated examining body must prepare a business plan and an income and expenditure budget for each business year, and obtain authorization from the Minister of Internal Affairs and Communications prior to the commencement of the business year (or without delay after obtaining a designation under the provisions of Article 13-5, paragraph (1) in the case of the business year containing the date of the designation). The same applies when the designated examining body intends to revise the plan and budget.

(2)A designated examining body must hear opinions from the entrusting prefectural governor when it intends to prepare or revise a business plan and an income and expenditure budget.

(3)A designated examining body must prepare a business report and a statement of income and expenditure for each business year, and submit them to the Minister of Internal Affairs and Communications and the entrusting prefectural governor within three months after the end of the business year.

Article 13-14A designated examining body, as provided for by Order of the Ministry of Internal Affairs and Communications, must keep books stating the matters concerning the hazardous materials engineer's qualification examination affairs specified by Order of the Ministry of Internal Affairs and Communications, and preserve those books.

Article 13-15(1)When the Minister of Internal Affairs and Communications finds it necessary in order to ensure proper implementation of the hazardous materials engineer's qualification examination affairs, the Minister may issue an order necessary for the supervision of the hazardous materials engineer's qualification examination affairs to a designated examining body.

(2)When an entrusting prefectural governor finds it necessary in order to ensure the proper implementation of the hazardous materials engineer's qualification examination affairs that that entrusting prefectural governor has entrusted to a designated examining body, that entrusting prefectural governor may instruct the designated examining body to take the necessary measures for proper implementation of the hazardous materials engineer's qualification examination affairs.

Article 13-16(1)When the Minister of Internal Affairs and Communications finds it necessary in order to ensure proper implementation of the hazardous materials engineer's qualification examination affairs, the Minister may request a designated examining body to make necessary reports on the status of the hazardous materials engineer's qualification examination affairs or have their official enter the designated examining body's office and inspect the status of the hazardous materials engineer's qualification examination affairs or its equipment, books, documents and other objects.

(2)When an entrusting prefectural governor finds it necessary in order to ensure proper implementation of the hazardous materials engineer's qualification examination affairs that that entrusting prefectural governor has entrusted to a designated examining body, that entrusting prefectural governor may request the designated examining body to make necessary reports on the status of the hazardous materials engineer's qualification examination affairs or have thier official enter the designated examining body's office where the hazardous materials engineer's qualification examination affairs are handled and inspect the status of the hazardous materials engineer's qualification examination affairs or its equipment, books, documents and other objects.

(3)An official who conducts an on-site inspection under the provisions of the preceding two paragraphs must carry their identification card and present it when requested to do so by any relevant person.

(4)The authority to conduct an on-site inspection pursuant to the provisions of paragraph (1) or paragraph (2) must not be construed to be vested for the purpose of crime investigation.

Article 13-17(1)A designated examining body must not suspend or abolish the whole or part of the hazardous materials engineer's qualification examination affairs, without the permission of the Minister of Internal Affairs and Communications.

(2)The Minister of Internal Affairs and Communications must not grant permission under the provisions of the preceding paragraph unless the Minister finds that it is unlikely that proper and reliable implementation of the hazardous materials engineer's qualification examination affairs will be damaged when the designated examining body suspends or abolishes the whole or part of the hazardous materials engineer's qualification examination affairs.

(3)The Minister of Internal Affairs and Communications must hear opinions from the relevant entrusting prefectural governor when the Minister intends to grant permission under the provisions of paragraph (1).

(4)When the Minister of Internal Affairs and Communications has granted permission under the provisions of paragraph (1), the Minister must give notice to the relevant entrusting prefectural governor and also give public notice to that effect.

Article 13-18(1)When a designated examining body has come to fall under any of the items of Article 13-6, paragraph (2) (excluding item (iii)), the Minister of Internal Affairs and Communications must rescind its designation.

(2)When a designated examining body falls under any of the following, the Minister of Internal Affairs and Communications must rescind its designation or specify a time period and order it to suspend the whole or part of the hazardous materials engineer's qualification examination affairs:

(3)When the Minister of Internal Affairs and Communications has rescinded a designation pursuant to the provisions of the preceding two paragraphs or ordered the suspension of the whole or part of the hazardous materials engineer's qualification examination affairs pursuant to the provisions of the preceding paragraph, the Minister must give notice to the relevant entrusting prefectural governor and also give public notice to that effect.

Article 13-19(1)When an entrusting prefectural governor intends to terminate the entrustment of the hazardous materials engineer's qualification examination affairs to a designated examining body, that entrusting prefectural governor must give notice to the designated examining body to that effect no later than three months prior to the termination.

(2)When an entrusting prefectural governor has terminated the entrustment of the hazardous materials engineer's qualification examination affairs to a designated examining body, that entrusting prefectural governor must report to the Minister of Internal Affairs and Communications and give public notice to that effect.

Article 13-20(1)Notwithstanding the provisions of Article 13-5, paragraph (3), an entrusting prefectural governor is to conduct the whole or part of the hazardous materials engineer's qualification examination affairs in cases where the designated examining body has suspended the whole or part of the hazardous materials engineer's qualification examination affairs under the provisions of Article 13-17, paragraph (1), where the Minister of Internal Affairs and Communications has ordered the designated examining body to suspend the whole or part of the hazardous materials engineer's qualification examination affairs pursuant to the provisions of Article 13-18, paragraph (2), or where the Minister of Internal Affairs and Communications finds it necessary on the grounds that it has become difficult for the designated examining body to conduct the whole or part of the hazardous materials engineer's qualification examination affairs due to a natural disaster or for other reasons.

(2)When an entrusting prefectural governor is required to conduct the hazardous materials engineer's qualification examination affairs pursuant to the provisions of the preceding paragraph or when the grounds for requiring an entrusting prefectural governor to conduct the hazardous materials engineer's qualification examination affairs pursuant to the provisions of that paragraph have ceased to exist, the Minister of Internal Affairs and Communications must promptly notify that entrusting prefectural governor to that effect.

(3)When an entrusting prefectural governor has received notice under the examining body provisions of the preceding paragraph, that entrusting prefectural governor must give public notice to that effect.

Article 13-21The succession of the hazardous materials engineer's qualification examination affairs and other necessary matters concerning the cases where an entrusting prefectural governor is required to conduct the hazardous materials engineer's qualification examination affairs pursuant to the provisions of paragraph (1) of the preceding Article, where the Minister of Internal Affairs and Communications has permitted the abolition of the hazardous materials engineer's qualification examination affairs pursuant to the provisions of Article 13-17, paragraph (1) or rescinded the designation pursuant to the provisions of Article 13-18, paragraph (1) or paragraph (2) or where an entrusting prefectural governor has terminated the entrustment of the hazardous materials engineer's qualification examination affairs to a designated examining body, are be prescribed by Order of the Ministry of Internal Affairs and Communications.

Article 13-22A request for administrative review under the Administrative Complaint Review Act may be filed with the Minister of Internal Affairs and Communications against a disposition made by a designated examining body or its inaction with regard to the hazardous materials engineer's qualification examination affairs.

Article 13-23A hazardous materials engineer who is engaged in the handling of hazardous materials at a manufacturing facility, storage facility or handling facility, as provided for by Order of the Ministry of Internal Affairs and Communications, must take training sessions which are provided by a prefectural governor concerning the safety of the handling of hazardous materials (including a municipal mayor or other organ designated by the Minister of Internal Affairs and Communications).

Article 13-24(1)A municipal mayor, etc. may order the owner, manager or possessor of a manufacturing facility, storage facility 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 security superintendent when the hazardous materials safety supervising manager or hazardous materials security superintendent has violated the provisions of this Act or of any order under this Act or when the municipal mayor, etc. finds that if those persons were to perform the duties assigned thereto, it is likely to hinder the maintenance of public safety or the prevention of the occurrence of disasters.

(2)The provisions of Article 11-5, paragraph (4) and paragraph (5) apply mutatis mutandis to an order under the provisions of the preceding paragraph.

Article 14The owner, manager or possessor of a manufacturing facility, storage facility or handling facility specified by Cabinet Order, as provided for by Order of the Ministry of Internal Affairs and Communications, must appoint a hazardous materials facility safety officer and have that officer perform the operations for ensuring the safety of the structure and equipment of the manufacturing facility, storage facility or handling facility.

Article 14-2(1)The owner, manager or possessor of a manufacturing facility, storage facility or handling facility specified by Cabinet Order, in order to prevent a fire within the manufacturing facility, storage facility or handling facility, must establish fire prevention rules concerning the matters specified by Order of the Ministry of Internal Affairs and Communications and obtain authorization from a municipal mayor, etc. The same applies when revising these rules.

(2)A municipal mayor, etc. must not grant the authorization set forth in the preceding paragraph when the fire prevention rules do not conform to the technical standards set forth in Article 10, paragraph (3) or when that municipal mayor finds that those rules are inappropriate for the prevention of fire for other reasons.

(3)A municipal mayor, etc. may order the revision of the fire prevention rules when it is necessary for prevention of fire.

(4)The owner, manager or possessor of a manufacturing facility, storage facility or handling facility prescribed in paragraph (1) and the employees thereof must observe the fire prevention rules.

(5)The provisions of Article 11-5, paragraph (4) and paragraph (5) apply mutatis mutandis to an order under the provisions of paragraph (3).

Article 14-3(1)The owner, manager or possessor of an outdoor tank storage facility or handling facility for transfer specified by Cabinet Order, at an interval specified by Cabinet Order, must undergo a safety inspection conducted by a municipal mayor, etc. in terms of whether or not the matters concerning the structure and equipment of that outdoor tank storage facility or handling facility for transfer, as specified by Cabinet Order, are maintained in accordance with the technical standards set forth in Article 10, paragraph (4).

(2)The owner, manager or possessor of an outdoor tank storage facility specified by Cabinet Order, if an uneven settlement or any other event specified by Cabinet Order occurs to the outdoor tank storage facility, must undergo a safety inspection conducted by a municipal mayor, etc. in terms of whether or not the matters concerning the structure and equipment of the outdoor tank storage facility, as specified by Cabinet Order, are maintained in accordance with the technical standards set forth in Article 10, paragraph (4).

(3)In the case referred to in paragraph (1) (limited to the part pertaining to an outdoor tank storage facility) or the preceding paragraph, a municipal mayor, etc. may entrust the Association to examine whether or not the matters concerning the structure and equipment of the outdoor tank storage facility, which are specified by Cabinet Order and prescribed in these provisions, are maintained in accordance with the technical standards set forth in Article 10, paragraph (4).

Article 14-3-2The owner, manager or possessor of a manufacturing facility, storage facility or handling facility specified by Cabinet Order, as provided for by Order of the Ministry of Internal Affairs and Communications, must inspect that manufacturing facility, storage facility or handling facility periodically, and prepare and preserve inspection records.

Article 14-4A person who owns, manages or possesses, at the same place of business, manufacturing facilities, storage facilities or handling facilities specified by Cabinet Order and who stores or handles hazardous materials of the quantity specified by Cabinet Order or a larger quantity, as provided for by Cabinet Order, must set up a fire defense force for self-protection within that place of business.

Article 15A projection room, which is set up within a building or other structure where films are regularly shown and which is used to project films other than slow-burning films, must have a structure and equipment in accordance with the technical standards specified by Cabinet Order.

Article 16The transportation of hazardous materials must be conducted in accordance with the technical standards specified by Cabinet Order with regard to the container, loading method and method of transport.

Article 16-2(1)The conveyance of hazardous materials by means of a mobile tank storage facility must be conducted with a hazardous materials engineer who is qualified to handle those hazardous materials riding on the mobile tank.

(2)The hazardous materials engineer set forth in the preceding paragraph must observe the standards specified by Cabinet Order concerning the conveyance of hazardous materials by means of a mobile tank storage facility and pay the closest attention to ensure the safety of the hazardous materials.

(3)A hazardous materials engineer must carry their hazardous materials engineer's license while riding on a mobile tank storage facility which is in the course of conveyance of the hazardous materials pursuant to the provisions of paragraph (1).

Article 16-3(1)The owner, manager or possessor of a manufacturing facility, storage facility or handling facility, in the event that an outflow of hazardous materials or any other accident has occurred at that manufacturing facility, must storage facility or handling facility, immediately take emergency measures to prevent the subsequent outflow and spread of hazardous materials, remove the hazardous materials that have flowed out and prevent the occurrence of any other disaster.

(2)A person who has found a situation as set forth in the preceding paragraph must immediately report to a fire station, a place designated by a municipal mayor, police station or maritime security and rescue organization to that effect.

(3)When a municipal mayor, etc. finds that the owner, manager or possessor of a manufacturing facility, storage facility (excluding a mobile tank storage facility) or handling facility has not taken the emergency measures set forth in paragraph (1), that municipal mayor, etc. may order those persons to take the emergency measures set forth in that paragraph.

(4)A municipal mayor (in the area of a municipality other than a municipality which has fire defense headquarters and a fire station(s), the prefectural governor who has jurisdiction over that area; the same applies in the following paragraph, and Article 11-5, paragraph (4) as applied mutatis mutandis pursuant to paragraph (6)) may order, in the same manner as that prescribed in the preceding paragraph, that the emergency measures set forth in paragraph (1) should be taken at a mobile tank storage facility located in the area under that municipal mayor's jurisdiction.

(5)Where a municipal mayor, etc. or municipal mayor has ordered emergency measures pursuant to the provisions of paragraph (3) or the preceding paragraph respectively, if the person ordered to take those measures does not implement the measures at all or does not implement them fully, or if the measures should be performed by a certain time limit but the implementation thereof is not expected to be completed by that time limit, the municipal mayor, etc. or municipal mayor may, as provided for in the Act on Substitute Execution by Administration, have their official engaged in the fire service affairs or a third party take those measures.

(6)The provisions of Article 11-5, paragraph (4) and paragraph (5) apply mutatis mutandis to an order under the provisions of paragraph (3) or paragraph (4).

Article 16-3-2(1)In the event of the occurrence of an outflow of hazardous materials or any other accident (excluding a fire; hereinafter the same applies in this Article) at a manufacturing facility, storage facility or handling facility that could have caused a fire, a municipal mayor, etc. may investigate the cause of that accident.

(2)A municipal mayor, etc., when it is necessary for the investigation set forth in the preceding paragraph, may order the owner, manager or possessor of the manufacturing facility, storage facility or handling facility where the accident has occurred or of any other facility which is found to be closely related to the occurrence of the accident, to submit the necessary information materials or request those persons to make reports, or may have thier official engaged in the fire service affairs enter thsoe facilities, and inspect the status of the hazardous materials located there or the manufacturing facility, storage facility or handling facility or any other structure or object that is related to the accident, or ask questions of any related person.

(3)The provisions of the proviso to Article 4, paragraph (1), and paragraph (2) to paragraph (4) apply mutatis mutandis to the case referred to in the preceding paragraph.

(4)The Commissioner of the Fire and Disaster Management Agency, at the request of a municipal mayor, etc. (excluding the Minister of Internal Affairs and Communications) who conducts an investigation pursuant to the provisions of paragraph (1), may conduct an investigation set forth in that paragraph.In this case, the provisions of the preceding two paragraphs apply mutatis mutandis.

Article 16-4(1)A person who intends to obtain permission for the establishment of or a change to a handling facility for transfer from the Minister of Internal Affairs and Communications, or to undergo a completion inspection (including obtaining the approval set forth in the proviso to Article 11, paragraph (5)) or a safety inspection, as provided for by Cabinet Order, must pay to the State the amount of fees which is specified by Cabinet Order in consideration of the actual costs.

(2)A person who intends to take training sessions concerning the safety of the handling of hazardous materials, which are provided by an agency designated by the Minister of Internal Affairs and Communications other than a municipal mayor (hereinafter referred to as a "designated training agency" in this Article) pursuant to the provisions of Article 13-23, must pay to the designated training agency the amount of fees which is specified by Cabinet Order in consideration of the actual costs, as provided for by Cabinet Order.

(3)The fees paid to a designated training agency pursuant to the provisions of the preceding paragraph are the income of that designated training agency.

(4)Where a prefecture collects fees for a hazardous materials engineer's qualification examination under the provisions of Article 227 of the Local Autonomy Act (Act No. 67 of 1947), it may have persons who intend to take the hazardous materials engineer's qualification examination conducted by a designated examining body pursuant to the provisions of Article 13-5, paragraph (1), pay those fees to the designated examining body, thereby treating those fees as the designated training agency's income, as provided for by prefectural ordinance.

Article 16-5(1)In addition to the cases specified in Article 16-3-2, paragraph (1) and paragraph (2), when a municipal mayor, etc. finds it necessary for prevention of fire involving storage or handling of hazardous materials, that municipal mayor, etc. may order the owner, manager or possessor of every facility that is found to be storing or handling the designated quantity or a larger quantity of hazardous materials (hereinafter referred to as a "storage facility, etc." in this paragraph), to submit information materials or request those persons to make reports, or may have that municipal mayor's, etc. official engaged in the fire service affairs enter the storage facility, etc., and inspect the position, structure or equipment of the facility and the storage or handling of hazardous materials conducted there, ask questions of any related person or take away hazardous materials or other materials suspected of being hazardous materials, limited to the maximum quantity required for testing.

(2)When a firefighter or a police official finds it particularly necessary for prevention of fire involving conveyance of hazardous materials, that firefighter or police official may stop a mobile tank storage facility while in transit and request the hazardous materials engineer who is riding on that mobile tank storage facility to present their hazardous materials engineer's license.In this case, the firefighter and the police official are to maintain close contact with each other when performing their duties.

(3)The provisions of Article 4, paragraph (2) through paragraph (4) apply mutatis mutandis to the cases referred to in the preceding two paragraphs.

Article 16-6(1)A municipal mayor, etc. may order a person who stores or handles the designated quantity or a larger quantity of hazardous materials without obtaining the approval set forth in the proviso to Article 10, paragraph (1) or the permission under the provisions of the first sentence of Article 11, paragraph (1), to remove the hazardous materials thus stored or handled and take other necessary measures to prevent disasters caused by the hazardous materials.

(2)The provisions of Article 11-5, paragraph (4) and paragraph (5) apply mutatis mutandis to an order under the provisions of the preceding paragraph, and the provisions of Article 16-3, paragraph (5) apply mutatis mutandis to the case where the necessary measures are ordered under the provisions of the preceding paragraph.

Article 16-7Where the establishment or abolition of fire defense headquarters or a fire station or the abolition, creation, division or merger of or boundary change to a municipality has caused a municipality to have fire defense headquarters and a fire station(s) or to no longer have fire defense headquarters and a fire station(s) or caused a municipality to be involved in the abolition, creation, division or merger or boundary change, and this has led to the change of the administrative agency which has authority over the area of the municipality under the provisions of Article 11; Article 11-2; Article 11-4; Article 11-5, paragraph (1) and paragraph (2); Article 12, paragraph (2); Article 12-2 to Article 12-4; Article 12-6; Article 12-7, paragraph (2); Article 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; the effect of the permission or other disposition granted or made by the initial administrative agency or of the notification received by the initial administrative agency, and the special provisions for the application of the provisions of this Chapter are prescribed by Cabinet Order.

Article 16-8Part of the affairs under the authority of the Minister of Internal Affairs and Communications as prescribed in this Chapter may be conducted by prefectural governors or municipal mayors, as provided for by Cabinet Order.

Article 16-8-2When the Minister of Internal Affairs and Communications finds it urgently necessary in order to maintain public safety or prevent the occurrence of disasters, the Minister, as provided for by Cabinet Order, may give instructions to prefectural governors or municipal mayors as to how to administer the affairs which are to be conducted by prefectural governors or municipal mayors pursuant to the provisions of this Chapter or the Cabinet Order issued under the provisions of the preceding Article and which are specified by Cabinet Order.

Article 16-9The provisions of this Chapter do not apply to the storage, handling or transportation of hazardous materials by means of an aircraft, ship, railway or tramway.

Article 17(1)A person concerned with a school, hospital, factory, workplace, entertainment facility, department store, hotel, restaurant, underground mall, multi-purpose property under fire prevention measures or any other property under fire prevention measures specified by Cabinet Order must install and maintain equipment used for fire defense, a water supply for fire defense, and facilities necessary for fire extinguishing activities (hereinafter referred to as "fire defense equipment, etc.") specified by Cabinet Order, in accordance with the technical standards specified by Cabinet Order so that the equipment, etc. will perform as required for fire extinguishing activities, evacuation and other fire defense activities.

(2)When a municipality finds it difficult, due to the peculiarity of the weather or climate of the region, to achieve the purpose of fire prevention sufficiently when only enforcing the provisions of the Cabinet Order concerning the technical standards for fire defense equipment, etc. set forth in the preceding paragraph or of an order issued thereunder, it may establish, by municipal ordinance, different provisions from those of the Cabinet Order or of the order issued thereunder with regard to the technical standards for fire defense equipment, etc. set forth in that paragraph.

(3)Where a person concerned with a property under fire prevention measures set forth in paragraph (1) uses, in lieu of fire defense equipment, etc. that should be installed and maintained in accordance with the technical standards specified by the Cabinet Order set forth in that paragraph or order issued thereunder or a municipal ordinance under the provisions of the preceding paragraph, special fire defense equipment, etc. or any other equipment, etc. (hereinafter referred to as "special fire defense equipment, etc.") certified by the Minister of Internal Affairs and Communications as equipment, etc. which performs to an equal or higher level than that of the fire defense equipment, etc. and is to be installed and maintained according to a plan for the installation and maintenance of special fire defense equipment, etc. (hereinafter referred to as an "equipment installation and maintenance plan") to be prepared by the person concerned as provided for by Order of the Ministry of Internal Affairs and Communications, the provisions of the preceding two paragraphs do not apply to the fire defense equipment, etc. (limited to those substituted by the certified special fire defense equipment, etc.).

Article 17-2(1)A person who intends to obtain the certification set forth in paragraph (3) of the preceding Article must, in advance, undergo a performance evaluation (meaning an evaluation of the performance of the special fire defense equipment, etc. to be installed and maintained according to an equipment installation and maintenance plan; hereinafter the same applies in this Article and Article 17-2-4) conducted by the Japan Fire Equipment Inspection Institute (hereinafter referred to as the "Institute") or a juridical person registered by the Minister of Internal Affairs and Communications.

(2)A person who intends to undergo a performance evaluation must, as provided for by Order of the Ministry of Internal Affairs and Communications, apply to the Institute or a juridical person registered under the provisions of the preceding paragraph by attaching, to a written application, an equipment installation and maintenance plan and any other document specified by Order of the Minister of Internal Affairs and Communications.

(3)Upon receiving the application set forth in the preceding paragraph, the Institute or a juridical person registered under the provisions of paragraph (1) must, as provided for by Order of the Ministry of Internal Affairs and Communications, conduct a performance evaluation for which the application has been filed, and give notice of the result of the performance evaluation (referred to as the "evaluation result" in paragraph (1) and paragraph (2) of the following Article) to the person who has filed the application set forth in the preceding paragraph.

Article 17-2-2(1)When a person who has received a notice of the evaluation result set forth in paragraph (3) of the preceding Article (including as applied mutatis mutandis pursuant to Article 17-2-4, paragraph (3)) intends to obtain the certification set forth in Article 17, paragraph (3), that persoon must, as provided for by Order of the Ministry of Internal Affairs and Communications, apply to the Minister of Internal Affairs and Communications by attaching, to a written application, an equipment installation and maintenance plan and a document stating the evaluation result.

(2)Upon receiving the application set forth in the preceding paragraph, the Minister of Internal Affairs and Communications must examine, while referring to the equipment installation and maintenance plan and the document stating the evaluation result as set forth in that paragraph, whether or not the special fire defense equipment, etc. to be installed and maintained according to the equipment installation and maintenance plan pertaining to the application performs to an equal or higher level than that of the fire defense equipment, etc. that should be installed and maintained in accordance with the technical standards specified by Cabinet Order as set forth in Article 17, paragraph (1) or order issued thereunder or a municipal ordinance under the provisions of paragraph (2) of that Article, and if the Minister judges the special fire defense equipment, etc. to have that performance, the Minister must grant the certification under the provisions of paragraph (3) of that Article.

(3)When the Minister of Internal Affairs and Communications intends to grant the certification pursuant to the provisions of the preceding paragraph, the Minister must give notice to the relevant fire chief(s) or relevant fire station chief(s) to that effect.In this case, the relevant fire chief(s) or relevant fire station chief(s) may state their opinions to the Minister of Internal Affairs and Communications concerning the certification.

Article 17-2-3(1)When special fire defense equipment, etc. for which a certification under the provisions of Article 17, paragraph (3) was granted falls under any of the following, the Minister of Internal Affairs and Communications may invalidate the certification:

(2)When a person who has obtained a certification under the provisions of Article 17, paragraph (3) intends to make a change to the special fire defense equipment, etc. or equipment installation and maintenance plan which pertains to the certification, that person must obtain approval from the Minister of Internal Affairs and Communications; provided, however, that this does not apply to a minor change specified by Order of the Ministry of Internal Affairs and Communications.

(3)The provisions of the preceding two Articles apply mutatis mutandis where the Minister of Internal Affairs and Communications grants approval pursuant to the provisions of the preceding paragraph.

(4)When a person who has obtained a certification under the provisions of Article 17, paragraph (3) has made a minor change specified by Order of the Ministry of Internal Affairs and Communications as set forth in the proviso to paragraph (2), that person must, as provided for by Order of the Ministry of Internal Affairs and Communications, notify a fire chief or fire station chief to that effect.

Article 17-2-4(1)Where the Institute or a juridical person registered under the provisions of Article 17-2, paragraph (1) is no longer, in whole or in part, capable of conducting a performance evaluation and it has become difficult for the Institute or juridical person to conduct the operations for that performance evaluation, the Minister of Internal Affairs and Communications may conduct the performance evaluation based on an application from a person who intends to obtain the certification set forth in Article 17, paragraph (3), when the Minister finds it particularly necessary.

(2)Where the Minister of Internal Affairs and Communications conducts the whole or part of a performance evaluation themselves pursuant to the provisions of the preceding paragraph, the Minister must, in advance, give public notice of the period during which the Minister will conduct the performance evaluation.

(3)The provisions of Article 17-2, paragraph (2) and paragraph (3) apply mutatis mutandis where the Minister of Internal Affairs and Communications conducts a performance evaluation pursuant to the provisions of paragraph (1).

(4)A person who intends to undergo a performance evaluation conducted by the Minister of Internal Affairs and Communications pursuant to the provisions of paragraph (1) must pay the amount of fees which is specified by Cabinet Order in consideration of the actual costs to the State.

Article 17-2-5(1)If any fire defense equipment, etc. (excluding a fire extinguisher, escape equipment and any other equipment specified by Cabinet Order; hereinafter the same applies in this Article and the following Article) installed in a property under fire prevention measures as set forth in Article 17, paragraph (1) which exists at the time of the enforcement or application of the provisions of the Cabinet Order concerning the technical standards for fire defense equipment, etc. set forth in paragraph (1) of that Article or of an order issued thereunder or the provisions of the municipal ordinance under the provisions of paragraph (2) of that Article, or any fire defense equipment, etc. to be installed in a property under fire prevention measures set forth in paragraph (2) of that Article which is under work for new construction or an extension, reconstruction, relocation, repair or remodeling at the time of the enforcement or application of these provisions, fails to conform to these provisions, these provisions do not apply to the fire defense equipment, etc.In this case, the provisions then in force concerning the technical standards for the fire defense equipment, etc. apply thereto.

(2)The provisions of the preceding paragraph do not apply to fire defense equipment, etc. which falls under any of the following items:

Article 17-3(1)Beyond the cases prescribed in the preceding Article, if there has been any change to the intended purpose of a property under fire prevention measures set forth in Article 17, paragraph (1) and the fire defense equipment, etc. installed in the property under fire prevention measures after the change to the intended purpose now fails to conform to either the provisions of the Cabinet Order concerning the technical standards for fire defense equipment, etc. set forth in paragraph (1) of that Article or of an order issued thereunder or the provisions of the municipal ordinance under the provisions of paragraph (2) of that Article, both of which pertain to the fire defense equipment, etc., those provisions do not apply.In this case, the technical standards for fire defense equipment, etc. installed in the property under fire prevention measures prior to the change to the intended purpose apply.

(2)The provisions of the preceding paragraph do not apply to fire defense equipment, etc. which falls under any of the following items:

Article 17-3-2When a person concerned with a property under fire prevention measures set forth in Article 17, paragraph (1), which is categorized as a specified property under fire prevention measures or as otherwise specified by Cabinet Order, has installed fire defense equipment, etc. or special fire defense equipment, etc. (excluding those specified by Cabinet Order) which should be installed in accordance with the technical standards specified by the Cabinet Order set forth in that paragraph or an order issued thereunder or a municipal ordinance under the provisions of paragraph (2) of that Article (in the cases prescribed in the first sentence of Article 17-2-5, paragraph (1) or the first sentence of paragraph (1) of the preceding Article, the technical standards to be applied pursuant to the provisions of the second sentence of Article 17-2-5, paragraph (1) or the second sentence of paragraph (1) of the preceding Article, respectively; hereinafter referred to as the "technical standards for the equipment") or an equipment installation and maintenance plan, that person must, as provided for by Ordier of the Ministry of Internal Affairs and Communications, notify the fire chief or fire station chief to that effect and undergo an inspection.

Article 17-3-3A person concerned with a property under fire prevention measures set forth in Article 17, paragraph (1) (excluding those specified by Cabinet Order) must, as provided for by Order of the Ministry of Internal Affairs and Communications, periodically, have a person who has obtained a fire defense equipment officer's license or another qualified person specified by Order of the Ministry of Internal Affairs and Communications inspect the fire defense equipment, etc. or special fire defense equipment, etc. installed in the property under fire prevention measures (in the case of a property under fire prevention measures set forth in Article 8-2-2, paragraph (1), the function of the fire defense equipment, etc. or special fire defense equipment, etc.) in the case of the property under fire prevention measures specified by Cabinet Order, or inspect the equipment, etc. themselves in the case of another property under fire prevention measures, and report the inspection results to a fire chief or fire station chief.

Article 17-4(1)When a fire chief or fire station chief finds that fire defense equipment, etc. installed in a property under fire prevention measures set forth in Article 17, paragraph (1) is not installed or maintained in accordance with technical standards for the equipment, that fire chief or fire station chief may order the person concerned with the property under fire prevention measures, who holds title, to install the fire defense equipment, etc. in accordance with the technical standards for the equipment or take the necessary measures for the maintenance thereof.

(2)When a fire chief or fire station chief finds that special fire defense equipment, etc. which is installed in a property under fire prevention measures set forth in Article 17, paragraph (1) and for which a certification has been granted under the provisions of paragraph (3) of that Article is not installed or maintained in accordance with an equipment installation and maintenance plan, that fire chief or fire station chief may order the person concerned with the property under fire prevention measures, who holds title, to install the special fire defense equipment, etc. in accordance with the technical standards for the equipment or take the necessary measures for the maintenance thereof.

(3)The provisions of Article 5, paragraph (3) and paragraph (4) apply mutatis mutandis to an order under the provisions of the preceding two paragraphs.

Article 17-5A person who has not obtained a fire defense equipment officer's license must not engage in construction work (limited to installation work) or improvement work as specified by Cabinet Order with regard to the following fire defense equipment, etc. or special fire defense equipment, etc.:

Article 17-6(1)The types of fire defense equipment officer's license are a Class A fire defense equipment officer's license and Class B fire defense equipment officer's license.

(2)The types of construction work or improvement work that a person who has obtained a Class A fire defense equipment officer's license (hereinafter referred to as a "Class A fire defense equipment officer") is qualified to engage in and the types of improvement work that a person who has obtained a Class B fire defense equipment office's license (hereinafter referred to as a "Class B fire defense equipment officer") is qualified to engage in are specified by Order of the Ministry of Internal Affairs and Communications according to the types of these fire defense equipment officer's licenses.

Article 17-7(1)A fire defense equipment officer's license is issued by a prefectural governor to a person who has passed a fire defense equipment officer's qualification examination.

(2)The provisions of Article 13-2, paragraph (4) through paragraph (7) apply mutatis mutandis to a fire defense equipment officer's license.

Article 17-8(1)A fire defense equipment officer's qualification examination are conducted to assess the knowledge and skills necessary for ensuring the installation and maintenance of fire defense equipment, etc. or special fire defense equipment, etc. (hereinafter referred to as "equipment, etc. subject to construction or improvement work" in this Chapter).

(2)The types of fire defense equipment officer's qualification examination are a Class A fire defense equipment officer's qualification examination and Class B fire defense equipment officer's qualification examination.

(3)A fire defense equipment officer's qualification examination is conducted by a prefectural governor at least once a year for each type of fire defense equipment officer's qualification examination prescribed in the preceding paragraph.

(4)No person other than one who falls under any of the following items may not take a Class A fire defense equipment officer's qualification examination:

(5)Beyond what is prescribed in each of the preceding paragraphs, the subjects of a fire defense equipment officer's qualification examination, procedure for taking the qualification examination and other details concerning the implementation of the qualification examination are specified by Order of the Ministry of Internal Affairs and Communications.

Article 17-9(1)A prefectural governor may entrust a person designated by the Minister of Internal Affairs and Communications to conduct the affairs concerning the implementation of a fire defense equipment officer's qualification examination.

(2)The designation under the provisions of the preceding paragraph is made upon an application from a person who intends to conduct the affairs concerning the implementation of a fire defense equipment officer's qualification examination.

(3)When a prefectural governor has a person designated by the Minister of Internal Affairs and Communications conduct the affairs concerning the implementation of a fire defense equipment officer's qualification examination pursuant to the provisions of paragraph (1), the prefectural governor is not to conduct the affairs concerning the implementation of a fire defense equipment officer's qualification examination.

(4)The provisions of Article 13-6 apply mutatis mutandis to the designation under the provisions of paragraph (1), the provisions of Article 13-7, Article 13-9 through Article 13-18, and Article 13-22 apply mutatis mutandis to the person designated under the provisions of that paragraph, the provisions of Article 13-8, Article 13-19, and Article 13-20 apply mutatis mutandis to the prefectural governor who has decided to entrust a person designated by the Minister of Internal Affairs and Communications to conduct the affairs concerning the implementation of a fire defense equipment officer's qualification examination pursuant to the provisions of that paragraph, and the provisions of Article 13-21 apply mutatis mutandis to the takeover of the affairs concerning the implementation of a fire defense equipment officer's qualification examination and other necessary matters.In this case, in these provisions, the phrase "hazardous materials engineer's qualification examination affairs" is deemed to be replaced with "the affairs concerning the implementation of a fire defense equipment officer's qualification examination"; in Article 13-6, the phrase "paragraph (2) of the preceding Article" is deemed to be replaced with "Article 17-9, paragraph (2)"; in Article 13-7, paragraph (1) and paragraph (2) and Article 13-8, paragraph (1), the phrase "Article 13-5, paragraph (1)" is deemed to be replaced with "Article 17-9, paragraph (1)"; in Article 13-10 and Article 13-11, paragraph (1), the phrase "examiner(s) for a hazardous materials engineer's qualification examination" is deemed to be replaced with "examiner(s) for a fire defense equipment officer's qualification examination"; in Article 13-13, paragraph (1) and Article 13-18, paragraph (2), item (v), the phrase "Article 13-5, paragraph (1)" is deemed to be replaced with "Article 17-9, paragraph (1)"; and in Article 13-20, paragraph (1), the phrase "Article 13-5, paragraph (3)" is deemed to be replaced with "Article 17-9, paragraph (3)."

Article 17-10A fire defense equipment officer must, as provided for by Ordier of the Ministry of Internal Affairs and Communications, take training sessions concerning the construction work or improvement work for equipment, etc. subject to construction or improvement work, which is provided by a prefectural governor (including a municipal mayor or another organ designated by the Minister of Internal Affairs and Communications).

Article 17-11(1)A person who intends to take training sessions concerning the construction work or improvement work for equipment, etc. subject to construction or improvement work, which is provided by an organ designated by the Minister of Internal Affairs and Communications other than a municipal mayor pursuant to the provisions of the preceding paragraph (hereinafter referred to as a "designated training agency" in this Article), must pay the amount of fees which is specified by Cabinet Order in consideration of the actual costs to the designated training agency, as provided for by Cabinet Order.

(2)The fees paid to a designated training agency pursuant to the provisions of the preceding paragraph are the income of the designated training agency.

(3)Where a prefecture collects fees for a fire defense equipment officer's qualification examination under the provisions of Article 227 of the Local Autonomy Act, it may have a person who intends to take the fire defense equipment officer's qualification examination conducted by a person designated under the provisions of Article 17-9, paragraph (1) (hereinafter referred to as a "designated examining body" in this paragraph), pay the fees to the designated examining body, thereby treating the fees as the designated examining body's income, as provided for by prefectural ordinance.

Article 17-12A fire defense equipment officer must conduct the duties assigned thereto sincerely, and strive to improve the quality of the equipment, etc. subject to construction or improvement work.

Article 17-13If a fire defense equipment officer engages in the duties assigned thereto, that fire defense equipment officer must carry their fire defense equipment officer's license.

Article 17-14When a Class A fire defense equipment officer intends to conduct construction work specified by Cabinet Order under the provisions of Article 17-5, that Class A fire defense equipment officer must, as provided for by Order of the Ministry of Internal Affairs and Communications, notify a fire chief or fire station chief of the type of the equipment, etc. subject to construction or improvement work, the site of the construction work and other necessary matters no later than ten days prior to the day on which the construction work is to be commenced.

Article 18(1)It is prohibited for any person to use, damage or remove or interfere with the legitimate use of a fire alarm system, fire hydrant, water storage facility used for fire defense or watchtower or alarm bell tower used for fire defense without due cause.

(2)It is prohibited for any person to use a fire defense signal specified by Order of the Ministry of Internal Affairs and Communications or any signal similar thereto without due cause.

Article 19Deleted

Article 20(1)The standards for water sources necessary for fire defense are recommended by the Fire and Disaster Management Agency.

(2)Water facilities necessary for fire defense are to be installed, maintained and managed by each municipality; provided, however, that the waterworks are to be established, maintained and management by the manager of the waterworks.

Article 21(1)A fire chief or fire station chief may designate a pond, fountain, water well, water tank or any other water sources available for fire defense as water sources for fire defense, and keep them ready to use at all times, with the consent of the owner, manager or possessor thereof.

(2)A fire chief or fire station chief must, as provided for by Order of the Ministry of Internal Affairs and Communications, post a sign for the water sources for fire defense designated under the provisions of the preceding paragraph.

(3)A person who intends to make a change to or remove the water sources set forth in paragraph (1) or keep them in an unusable condition must notify the competent fire chief or fire station chief in advance.

Article 22(1)When the Director-General of the Meteorological Agency, the Director of a District Meteorological Observatory, the Director of the Okinawa Meteorological Observatory, the Director of a Local Meteorological Observatory or the head of a Weather Station finds the meteorological conditions in a certain area to be dangerous from a fire prevention perspective, they must immediately report that condition to the prefectural governor who has jurisdiction over that area.

(2)Upon receiving a report of the meteorological conditions set forth in the preceding paragraph, the prefectural governor must immediately report the same to the municipal mayors.

(3)A municipal mayor may issue a fire alarm when tha maunicipal has received a report set forth in the preceding paragraph or finds the meteorological conditions to be dangerous from a fire prevention perspective.

(4)When an alarm has been issued under the provisions of the preceding paragraph, those persons within the area of the municipality must obey the restrictions on the use of fire as specified by municipal ordinance until the alarm is called off.

Article 23If a municipal mayor finds it particularly necessary for guarding against a fire, that municipal mayor may restrict an act of making a bonfire or smoking a cigarette within a certain area for a limited period.

Article 23-2(1)In the event of the occurrence of a leakage, scattering or outflow of gas, explosives or hazardous materials, or any other accident, if it is found that there is a high fire risk due to that accident and if once a fire occurs, it is likely to seriously harm human life or property, a fire chief or fire station chief may set a fire risk cautionary area and prohibit the use of fire within that area or order persons other than those specified by Order of the Ministry of Internal Affairs and Communications to leave that area or prohibit or restrict those persons from accessing that area.

(2)In the case referred to in the preceding paragraph, a police chief may exercise the authority set forth in the preceding paragraph when no fire chief or fire station chief or no firefighter or fire corps volunteer delegated by a fire chief or fire station chief to exercise the authority set forth in that paragraph is available at the scene of the accident, or when the police chief is required to do so by a fire chief or fire station chief.In this case, when the police chief has exercised that authority, that police chief must immediately give notice to the fire chief or fire station chief to that effect.

Article 24(1)A person who has found a fire must report it to a fire station or a place designated by a municipal mayor without delay.

(2)Every person must cooperate with the reporting set forth in the preceding paragraph so that the report will reach its destination as fast as possible.

Article 25(1)In the event of the occurrence of a fire, the person concerned with the property under fire defense measures or any other person specified by Order of the Ministry of Internal Affairs and Communications must carry out the activities for extinguishing the fire or preventing the spread of the fire or rescuing human life until a firefighting team arrives at the scene of the fire.

(2)In the case referred to in the preceding paragraph, a person who is near the scene of the fire must cooperate with the activities carried out by the persons listed in the preceding paragraph in extinguishing the fire or preventing the spread of the fire or in rescuing human life.

(3)At the scene of a fire, a firefighter or fire corps volunteer may request the person concerned with the property under fire defense measures or any other person specified by Order of the Ministry of Internal Affairs and Communications to provide information on the structure of the property under fire defense measures, the existence of any person who needs to be rescued, and other matters necessary for the activities for extinguishing the fire or preventing the spread of the fire or for rescuing human life.

Article 26(1)When a fire engine is traveling to the scene of a fire, any vehicles, horses and pedestrians on the road must make way for the fire engine.

(2)The right of way of a fire engine is 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)A fire engine may use a siren when it is mobilized to go to the scene of a fire and when the use of a siren is particularly necessary for drills and it has been publicly announced.

(4)A fire engine, when returning to a fire station, etc., or in other cases, must use a bell or alarm whistle and observe the general traffic rules.

Article 27A firefighting team, when there is an urgent necessity in order to arrive at the scene of a fire, may pass down a route unavailable to general traffic or through vacant land or over a water surface unavailable for public use.

Article 28(1)At the scene of a fire, a firefighter or fire corps volunteer may set a fire defense cautionary area and order persons other than those specified by Order of the Ministry of Internal Affairs and Communications to leave that area or prohibit or restrict those persons from accessing that area.

(2)A police official may exercise the authority of a firefighter or fire corps volunteer as prescribed in the preceding paragraph when no firefighter or fire corps volunteer is available at the scene of a fire, or when the police official is required to do so by a firefighter or fire corps volunteer.

(3)When a fire defense cautionary area has been set as directed by the senior person in charge of the fire service at the scene of a fire, a police official who is at the scene is obliged to support the measure.

Article 29(1)When it is necessary in order to carry out the activities for extinguishing a fire or preventing the spread of a fire or rescuing human life, a firefighter or fire corps volunteer may use, dispose of or restrict the use of the property under fire defense measures in which a fire is about to occur or has occurred and the land on which that property is located.

(2)When a fire chief or fire station chief, or a fire corps chief of a municipality which has no fire defense headquarters has made a reasonable judgment from the force of the fire, meteorological conditions and other surrounding circumstances, and finds it unavoidable for the prevention of the spread of the fire, they may use, dispose of or restrict the use of the property under fire defense measures which is threatened by the spreading fire and the land on which that property is located.

(3)A fire chief or fire station chief, or a fire corps chief of a municipality which has no fire defense headquarters, when there is an urgent necessity for the activities of extinguishing a fire or preventing the spread of a fire or rescuing human life, may use, dispose of or restrict the use of a property under fire defense measures and land other than the property under fire defense measures and land prescribed in the preceding two paragraphs.In this case, when a person who has suffered any loss from those measures claims compensation for that loss, the loss is to be compensated for at market value.

(4)Costs required for paying compensation under the provisions of the preceding paragraph are borne by the municipality concerned.

(5)A firefighter or fire corps volunteer, when it is urgently necessary, may engage a person who is near the scene of a fire to carry out the activities of extinguishing the fire or preventing the spread of the fire or rescuing human life and other firefighting activities.

Article 30(1)When it is urgently necessary in order to maintain a water supply at the scene of a fire, a fire chief or fire station chief, or a fire corps chief of a municipality which has no fire defense headquarters may use water sources or open or close an irrigation channel gate, sluice gate, or sluice valve of a waterworks.

(2)A fire chief or fire station chief, or a fire corps chief of a municipality which has no fire defense headquarters may conclude an agreement with the owner, manager or possessor of water sources, in advance, with regard to the use and management of the water sources in the event of a fire.

Article 30-2The provisions of Article 25, paragraph (3), Article 28, paragraph (1) and paragraph (2), and Article 29, paragraph (1) and paragraph (5) apply mutatis mutandis where a prefecture supports the fire services of a municipality pursuant to the provisions of Article 30, paragraph (1) of the Fire Defense Organization Act.In this case, the phrase "firefighter or fire corps volunteer" in these provisions is deemed to be replaced with "firefighter or fire corps volunteer or a prefectural official belonging to an aviation firefighting team."

Article 31A fire chief or fire station chief must, when carrying out fire extinguishing activities, commence an investigation into the cause of the fire, the damage arising from the fire and the execution of the fire extinguishing activities.

Article 32(1)A fire chief or fire station chief may, when it is necessary in order to conduct an investigation pursuant to the provisions of the preceding Article, ask questions of any related person.

(2)A fire chief or fire station chief may request any relevant public agency to report the necessary matters concerning the investigation set forth in the preceding Article.

Article 33A fire chief or fire station chief, and an agent authorized by any relevant insurance company may investigate the property damaged or destroyed by a fire in order to determine the cause of the fire and the degree of the damage arising therefrom.

Article 34(1)A fire chief or fire station chief, when it is necessary in order to conduct an investigation pursuant to the provisions of the preceding Article, may order a person concerned to submit the necessary information materials or request that person to make reports, or have their fire defense personnel enter any place concerned and inspect the status of the property damaged or destroyed by the fire.

(2)The provisions of the proviso to Article 4, paragraph (1), and paragraph (2) to paragraph (4) of that Article apply mutatis mutandis to the case referred to in the preceding paragraph.

Article 35(1)When there is a suspicion that a fire has been caused by arson or by negligence, the principal responsibility and authority for the investigation of the cause of the fire is to be vested in a fire chief or fire station chief.

(2)When a fire chief or fire station chief finds that the crime of arson or crime of causing a fire due to negligence has been committed, the fire chief or fire station chief must immediately report it to the competent police station, and collect and preserve the necessary evidence, and must observe any recommendation made by the Fire and Disaster Management Agency for cooperation in the investigation of the crime of arson or causing a fire by negligence.

Article 35-2(1)When a police official has arrested a suspect for the crime of arson or causing a fire due to negligence or seized any article of evidence of that crime, a fire chief or fire station chief may ask questions of the suspect or investigate the article of evidence in order to conduct an investigation as set forth in paragraph (1) of the preceding Article, until the case is referred to a public prosecutor.

(2)The questioning or investigation set forth in the preceding paragraph does not hinder an investigation conducted by a police official.

Article 35-3(1)In the area of a municipality which has no fire defense headquarters, the prefectural governor who has jurisdiction over that area may investigate the cause of a fire under the provisions of Article 31 or Article 33 only when that prefectural governor is requested to do so by the municipal mayor and when prefectural governor finds it particularly necessary to do so.

(2)The provisions of Article 32 and Article 34 to the preceding Article apply mutatis mutandis to the case referred to in the preceding paragraph.In this case, the term "their fire defense personnel" in Article 34, paragraph (1) is deemed to be replaced with "their official engaged in the fire service affairs of the prefecture," and the phrase "a fire chief or fire station chief" in Article 35, paragraph (1) is deemed to be replaced with "not only a municipal mayor but also a prefectural governor."

Article 35-3-2(1)The Commissioner of the Fire and Disaster Management Agency may investigate the cause of a fire under the provisions of Article 31 or Article 33 only when that Commissioner is requested to do so by a fire chief or a prefectural governor who investigates the cause of a fire under the provisions of paragraph (1) of the preceding Article and when that Commissioner finds it particularly necessary to do so.

(2)The provisions of Article 32, Article 34, Article 35, paragraph (1) and paragraph (2) (limited to the part pertaining to a recommendation) and Article 35-2 apply mutatis mutandis to the case referred to in the preceding paragraph.In this case, the phrase "their fire defense personnel" in Article 34, paragraph (1) is deemed to be replaced with "an official of the Fire and Disaster Management Agency," the phrase "a fire chief or fire station chief" in Article 35, paragraph (1) is deemed to be replaced with "not only a fire chief or fire station chief but also the Commissioner of the Fire and Disaster Management Agency in the case of a fire occurring within the area of a municipality which has fire defense headquarters; not only a municipal mayor and a prefectural governor but also the Commissioner of the Fire and Disaster Management Agency in the case of a fire occurring within an area other than that area, where the prefectural governor investigates the cause of a fire under the provisions of Article 35-3, paragraph (1); not only to a municipal mayor but also the Commissioner of the Fire and Disaster Management Agency in the case of a fire occurring within an area other than that area, where the prefectural governor does not investigate the cause of a fire notwithstanding the provisions of that paragraph."

Article 35-4(1)The provisions of this Chapter do not relieve a police official from the responsibility of investigating a crime (including the crimes of arson and causing a fire due to negligence) and arresting a suspect (including a person suspected of the crimes of arson and causing a fire by negligence).

(2)Firefighters and police officials must cooperate with each other in order to achieve their common purpose of eradicating arson and fires caused due to negligence.

Article 35-5Deleted

Article 35-6(1)Where a prefectural governor finds that traffic accidents frequently occur on a certain section of a road within the area of a municipality which does not provide ambulance services, that prefectural governor may request another municipality which provides ambulance services to provide the ambulance services required for those traffic accidents, after hearing opinions from the relevant municipalities.In this case, the requested municipality may provide ambulance services as requested.

(2)With regard to a certain section of a national expressway or national highway within the area of a municipality which does not provide ambulance services, if that section is specified as a section where it is particularly necessary to provide ambulance services required for traffic accidents (excluding the section of a road where ambulance services are provided as requested under the provisions of the preceding paragraph), a prefecture must provide those ambulance services, after hearing opinions from the municipality which does not provide the ambulance services.In this case, with regard to the application of the Local Public Service Act (Act No. 261 of 1950), an official engaged in the provision of ambulance services is treated as fire defense personnel.

Article 35-7(1)An ambulance team member, when it is urgently necessary, may request a person who is near the scene where a person suffering an injury or contracting a disease as prescribed in Article 2, paragraph (9) is found, to cooperate with the ambulance services.

(2)An ambulance team member is to keep close contact with a police official when providing ambulance services.

Article 35-8(1)The provisions of Article 27 apply mutatis mutandis to an ambulance team.In this case, the phrase "arrive at the scene of a fire" is deemed to be replaced with "provide ambulance services."

(2)The provisions of Article 39 of the Fire Defense Organization Act apply mutatis mutandis where a prefecture provides ambulance services pursuant to the provisions of Article 35-6, paragraph (2). In this case, in Article 39 of that Act, the term "municipality" is deemed to be replaced with "municipality and prefecture," the term "fire defense" is deemed to be replaced with "ambulance services," and the term "municipal mayor" is deemed to be replaced with "municipal mayor and prefectural governor."

Article 35-9In addition to what is prescribed in this Chapter, the standards for the organization and equipment of an ambulance team and other necessary matters concerning the handling of ambulance services are prescribed by Cabinet Order.

Article 35-10The Minister of Internal Affairs and Communications, prefectural governors, municipal mayors, fire chiefs or fire station chiefs may make inquires to or ask for cooperation from the relevant public agencies with regard to the affairs under the provisions of this Act, except for those otherwise provided for by other Acts.

Article 36(1)The provisions of Article 8 through Article 8-2-3 apply mutatis mutandis to a building or another structure specified by Cabinet Order as one for which the respective measures set forth in these provisions are particularly necessary in order to mitigate any damage arising from disasters, other than fires, specified by Cabinet Order.In this case: in Article 8, paragraph (1) through paragraph (4), the term "fire prevention manager" is deemed to be replaced with "disaster prevention manager"; in Article 8, paragraph (1), the phrase "qualified persons specified by Cabinet Order" is deemed to be replaced with "qualified persons who have knowledge of the mitigation of the damage arising from fires and other disasters and who are specified by Cabinet Order," and the phrase "conduct drills for fire extinguishing activities, reporting and evacuation, inspect and improve the equipment used for fire defense, water supply for fire defense or facilities necessary for fire extinguishing activities, supervise the use or handling of fire, maintain and manage the structure and equipment necessary for evacuation or fire prevention, manage the capacity of the property at the appropriate level, and perform any other operations necessary for fire prevention management" is deemed to be replaced with "conduct drills for evacuation and perform any other operations necessary for disaster prevention management"; in Article 8, paragraph (4), Article 8-2, paragraph (1) and Article 8-2-2, paragraph (1), the phrase "for fire prevention management" is deemed to be replaced with "for disaster prevention management"; in Article 8-2-2, paragraph (1), the phrase "on the prevention of fire" is deemed to be replaced with "on the mitigation of the damage arising from disasters, other than fires, specified by Cabinet Order," and the phrase "the installation and maintenance of equipment used for fire defense, water supply for fire defense or facilities necessary for fire extinguishing activities and other matters necessary for prevention of fire" is deemed to be replaced with "and other matters necessary for the mitigation of the damage arising from disasters, other than fires, specified by Cabinet Order"; in Article 8-2-2, paragraph (1) and paragraph (2) and Article 8-2-3, paragraph (1), item (ii), (d), the term "qualified inspector of property under fire prevention measures" is deemed to be replaced with "qualified inspector for disaster prevention management"; in Article 8-2-3, paragraph (1), item (ii), (a), and paragraph (6), item (ii) of that Article, the phrase "or Article 17-4, paragraph (1) or paragraph (2)" is deemed to be replaced with ", Article 17-4, paragraph (1) or paragraph (2), or Article 8, paragraph (3) or paragraph (4) as applied mutatis mutandis pursuant to Article 36, paragraph (1)."

(2)With regard to a building or another structure as set forth in the preceding paragraph which falls within the scope of a property under fire prevention measures as set forth in Article 8, paragraph (1), the person who holds title to manage the building or other structure must, notwithstanding the provisions of Article 8, paragraph (1), have a fire prevention manager as set forth in paragraph (1) of that Article as applied mutatis mutandis by replacing the relevant term under the preceding paragraph, perform the operations necessary for fire prevention management that must be performed by a fire prevention manager as set forth in paragraph (1) of that Article.

(3)With regard to a building or another structure as set forth in paragraph (1) which falls within the scope of a property under fire prevention measures as set forth in Article 8-2-2, paragraph (1), notwithstanding the provisions of Article 8-2-2, paragraph (2) or those provisions as applied mutatis mutandis pursuant to paragraph (1), only where both an inspection under the provisions of Article 8-2-2, paragraph (1) and an inspection under the provisions of Article 8-2-2, paragraph (1) as applied mutatis mutandis pursuant to paragraph (1) (in the case of a building or another structure which is subject to management under separate titles, both an inspection under the provisions of Article 8-2-2, paragraph (1) and an inspection under the provisions of Article 8-2-2, paragraph (1) as applied mutatis mutandis pursuant to paragraph (1), covering the whole of the building or other structure (excluding the part for which a certification is granted under the provisions of Article 8-2-3, paragraph (1) and under those provisions as applied mutatis mutandis pursuant to paragraph (1))) are conducted, and as a result of those inspections, the matters subject to inspection pertaining to the building or other structure are judged by a qualified inspector of a property under fire prevention measures and a qualified inspector for disaster prevention management to conform to the inspection standards for both inspections, a label stating the date of inspection and other matters specified by Order of the Ministry of Internal Affairs and Communications may be affixed to that building or other structure, as provided for by Order of the Ministry of Internal Affairs and Communications.

(4)With regard to a building or another structure as set forth in paragraph (1) which falls within the scope of a property under fire prevention measures as set forth in Article 8-2-2, paragraph (1), notwithstanding the provisions of Article 8-2-3, paragraph (7) or those provisions as applied mutatis mutandis pursuant to paragraph (1), only where both a certification under the provisions of Article 8-2-3, paragraph (1) and a certification under the provisions of Article 8-2-3, paragraph (1) as applied mutatis mutandis pursuant to paragraph (1) (in the case of a building or another structure which is subject to management under separate titles, limited to cases where both a certification under the provisions of Article 8-2-3, paragraph (1) and a certification under the provisions of Article 8-2-3, paragraph (1) as applied mutatis mutandis pursuant to paragraph (1) were granted for the building or other structure as a whole), a label stating the date of certification and other matters specified by Order of the Ministry of Internal Affairs and Communications may be affixed to that building or other structure, as provided for by Order of the Ministry of Internal Affairs and Communications.

(5)The provisions of Article 8-2-2, paragraph (3) and paragraph (4) apply mutatis mutandis to the label set forth in the preceding two paragraphs.

(6)Where a fire defense organization for self-protection as set forth in Article 8-2-5, paragraph (1) has been set up for a building or another structure as set forth in paragraph (1), the fire defense organization for self-protection is to perform the operations necessary for mitigating any damage arising from fires or other disasters.

(7)The provisions of Article 18, paragraph (2), Article 22, and Article 24 through Article 29, and 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 pursuant to Article 30-2 apply mutatis mutandis to disasters other than flood disasters.

Article 36-2Municipalities, in accordance with the standards which are specified by Order of the Ministry of Internal Affairs and Communications while taking into consideration the population and other conditions, are to deploy firefighting teams equipped with special rescue equipment necessary for the rescue of human life under the provisions of this Act.

Article 36-2-2The provisions of Article 27 and Article 30 apply mutatis mutandis where a warning declaration is issued as set forth in Article 2, item (xiii) of the Act on Special Measures Concerning Large Earthquakes (Act No. 73 of 1978).In this case, the phrase "the scene of a fire" in Article 27 is deemed to be replaced with "a place where there seems to be a high risk of damage (excluding damage due to flood disasters) occurring to human life or property in the event of the occurrence of an earthquake indicated in earthquake prediction information as set forth in Article 2, item (iii) of the Special Measures Concerning Large Earthquakes," and the phrase "the scene of a fire" in Article 30, paragraph (1) is deemed to be replaced with "a place where there seems to be a high fire risk in the event of the occurrence of an earthquake indicated in earthquake prediction information as set forth in Article 2, item (iii) of the Special Measures Concerning Large Earthquakes."

Article 36-3(1)Where a person who has been engaged in carrying out the activities for extinguishing a fire or preventing the spread of a fire or to rescue human life and other firefighting activities pursuant to the provisions of Article 25, paragraph (2) (including as applied mutatis mutandis pursuant to Article 36, paragraph (7)) or Article 29, paragraph (5) (including as applied mutatis mutandis pursuant to Article 30-2 and Article 36, paragraph (7)) or a person who has cooperated with the ambulance services provided by a municipality pursuant to the provisions of Article 35-7, paragraph (1), has died, suffered an injury or contracted a disease, or become disabled, the municipality, as provided for by municipal ordinance in accordance with the standards specified by Cabinet Order, must compensate for any damage suffered by that person or that person's surviving family due to that engagement or cooperation.

(2)In the case of a property under fire defense measures that exists as a building or another structure consisting of structurally divided portions which can be used independently as residences, stores, offices or warehouses or any other buildings (hereinafter referred to as "proprietary elements" in this Article), if a fire has occurred at one of those proprietary elements and a person engaged in carrying out the activities for extinguishing the fire or preventing the spread of the fire or to rescue human life under the provisions of Article 25, paragraph (1), except for those listed in the following, has died, suffered an injury or contracted a disease, or become disabled due to that engagement, the provisions of the preceding paragraph also apply to that person:

(3)The provisions of paragraph (1) apply mutatis mutandis to a person who has cooperated with the ambulance services provided by a prefecture.

Article 36-4Where a Cabinet Order or Order of the Ministry of Internal Affairs and Communications is established, amended or abolsihed under the provisions of this Act, the necessary transitional measures (including transitional measures concerning penal provisions) may be provided for by Cabinet Order or Order of the Ministry of Internal Affairs and Communications, respectively, to the extent considered reasonably necessary upon the establishment, amendment or abolishment.

Article 37In areas where there are special wards, the terms "municipality", "municipal mayor" or "municipal ordinance" as used in the provisions of this Act are deemed to be replaced with "the metropolis", "metropolitan governor" or "metropolitan ordinance", respectively.

Article 38A person who has, in violation of the provisions of Article 18, paragraph (1), damaged or removed a watchtower or alarm bell tower used for fire defense without due cause is punished by imprisonment with work for not more than seven years.

Article 39A person who has, in violation of the provisions of Article 18, paragraph (1), damaged or removed a fire alarm system, fire hydrant or water storage facility used for fire defense without due cause is punished by imprisonment with work for not more than five years.

Article 39-2(1)A person who has caused hazardous materials to leak, flow out, emit or scatter from a manufacturing facility, storage facility or handling facility, thereby causing a fire risk, is punished by imprisonment with work for not more than three years or a fine of not more than three million yen; provided, however, that no punishment is imposed if that person has not caused a danger to the public.

(2)A person who has committed the crime set forth in the preceding paragraph, thereby causing the death of or an injury to another, is punished by imprisonment with work for not more than seven years or a fine of not more than five million yen.

Article 39-2-2(1)A person who has violated an order issued under the provisions of Article 5-2, paragraph (1) is punished by imprisonment with work for not more than three years or a fine of not more than three million yen.

(2)Both imprisonment with work and a fine may be imposed cumulatively on a person who has committed the crime set forth in the preceding paragraph, in light of that person's circumstances.

Article 39-3(1)A person who has, due to that person's failure to take the due care required in the pursuit of social activities, caused hazardous materials to leak, flow out, emit or scatter from a manufacturing facility, storage facility or handling facility, thereby causing a fire risk, is punished by imprisonment with or without work for not more than two years or a fine of not more than two million yen; provided, however, that no punishment is imposed if that person has not caused a danger to the public.

(2)A person who has committed the crime set forth in the preceding paragraph, thereby causing the death of or an injury to another, is punished by imprisonment with or without work for not more than five years or a fine of not more than three million yen.

Article 39-3-2(1)A person who has violated an order issued under the provisions of Article 5, paragraph (1) is punished by imprisonment with work for not more than two years or a fine of not more than two million yen.

(2)Both imprisonment with work and a fine may be imposed cumulatively on a person who has committed the crime set forth in the preceding paragraph, in light of that person's circumstances.

Article 40(1)A person who falls under any of the following is punished by imprisonment with work for not more than two years or a fine of not more than one million yen:

(2)Both imprisonment with work and a fine may be imposed cumulatively on a person who has committed any of the crimes set forth in the preceding paragraph, in light of that person's circumstances; provided, however, this does not apply if that crime constitutes any crime stipulated in the Penal Code.

(3)A person who has committed the crime set forth in paragraph (1), thereby causing the death of or an injury to another, is dealt with by an applicable punishment under this Act or that under the Penal Code, whichever is severer.

Article 41(1)A person who falls under any of the following is punished by imprisonment with work for not more than one year or a fine of not more than one million yen:

(2)Both imprisonment with work and a fine may be imposed cumulatively on a person who has committed any of the crimes set forth in the preceding paragraph, in light of that perosn's circumstances.

Article 41-2A person who has violated the provisions of Article 13-11, paragraph (1) (including as applied mutatis mutandis pursuant to Article 17-9, paragraph (4)) is punished by imprisonment with work for not more than one year or a fine of not more than one million yen.

Article 41-3Where an officer(s) or employee(s) of a person designated under the provisions of Article 13-5, paragraph (1) or Article 17-9, paragraph (1) has violated an order of suspension of the affairs concerning the implementation of a hazardous materials engineer's qualification examination or a fire defense equipment officer's qualification examination, which is issued under the provisions of Article 13-18, paragraph (2) (including as applied mutatis mutandis pursuant to Article 17-9, paragraph (4)), they are punished by imprisonment with work for not more than one year or a fine of not more than one million yen.

Article 41-4A person who has violated the provisions of Article 16-32 or Article 21-34 is punished by imprisonment with work for not more than one year or a fine of not more than one million yen.

Article 41-5A person who has violated the provisions of Article 21-50, paragraph (1) is punished by imprisonment with work for not more than one year or a fine of not more than one million yen.

Article 41-6Where an officer(s) or employee(s) of a person registered under the provisions of Article 17-2, paragraph (1) or Article 21-3, paragraph (1) has violated an order of suspension of the operations of an evaluation of the performance of special fire defense equipment, etc., and a test and lot inspection of a machine or tool, etc. subject to inspection, which is issued under the provisions of Article 21-57, paragraph (2), they are punished by imprisonment with work for not more than one year or a fine of not more than one million yen.

Article 42(1)A person who falls under any of the following is punished by imprisonment with work for not more than six months or a fine of not more than 500,000 yen:

(2)Both imprisonment with work and a fine may be imposed cumulatively on a person who has committed any of the crimes set forth in the preceding paragraph, in light of that person's circumstances.

Article 43(1)A person who falls under any of the following is punished by imprisonment with work for not more than three months or a fine of not more than 300,000 yen:

(2)Both imprisonment with work and a fine may be imposed cumulatively on a person who has committed any of the crimes set forth in the preceding paragraph, in light of that person's circumstances.

Article 43-2When an officer(s) or employee(s) of a person designated under the provisions of Article 13-5, paragraph (1) or Article 17-9, paragraph (1) has committed a violation which falls under any of the following, they are punished by a fine of not more than 300,000 yen:

Article 43-3Where an officer(s) or employee(s) of the Hazardous Materials Safety Techniques Association (KHK) or the Japan Fire Equipment Inspection Institute has, when requested to make reports under the provisions of Article 16-48, paragraph (1) or Article 21-43, paragraph (1), failed to make the reports or made false reports, or has refused, obstructed or avoided an entry or inspection under these provisions, they are punished by a fine of not more than 300,000 yen.

Article 43-4A person who has violated the provisions of Article 21-2, paragraph (4) or Article 21-16-2 is punished by a fine of not more than 300,000 yen.

Article 43-5Where an officer(s) or employee(s) of a juridical person registered under the provisions of Article 17-2, paragraph (1) or Article 21-3, paragraph (1) has committed a violation which falls under any of the following, they are punished by a fine of not more than 300,000 yen.

Article 44A person who falls under any of the following is punished by a fine of not more than 300,000 yen or misdemeanor imprisonment without work:

Article 45When the representative of a juridical person, or an agent, employee or any other worker of a juridical person or individual, in connection with the business of the juridical person or individual, has violated any of the provisions listed in the following items, not only the offender is punished but also the juridical person is punished by the fine set forth in each of those items and the individual is punished by the fine prescribed in the respective Articles mentioned therein:

Article 46A municipal ordinance under the provisions of Article 9-4 may set forth a provisions that a person who has violated the ordinance is punished by a fine of not more than 300,000 yen.

Article 46-2Where an officer(s) or employee(s) of the Hazardous Materials Safety Techniques Association (KHK) or the Japan Fire Equipment Inspection Institute has committed a violation which falls under any of the following, they are punished by a civil fine of not more than 200,000 yen:

Article 46-3A person who has, in violation of the provisions of Article 21-52, paragraph (2), failed to keep financial statements, etc. or state matters that should be stated in financial statements, etc. or made false statements, or has refused a request made under the provisions of the items of paragraph (3) of that Article without reasobale grounds, is punished by a civil fine of not more than 200,000 yen.

Article 46-4A person who has violated the provisions of Article 16-13, paragraph (2) or Article 21-22 is punished by a civil fine of not more than 100,000 yen.

Article 46-5A person who has failed to make a notification under the provisions of Article 8-2-3, paragraph (5) (including as applied mutatis mutandis pursuant to Article 36, paragraph (1)), Article 17-2-3, paragraph (4) or Article 21-16-4, paragraph (1) or paragraph (2) is punished by a civil fine of not more than 50,000 yen.

Article 527With regard to the application of penal provisions to acts committed before this Act comes into effect, and acts committed after this Act comes into effect in the case where the provisions then in force remain applicable pursuant to the provisions of this Act, the provisions then in force remain applicable.

Article 528Beyond what is provided for in this Act, the transitional measures necessary in relation to repeal or amendment of the Act by this Act are specified by a Cabinet Order.