Fire Services Act

2023-06-21
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Chapter One: General Provisions
Article 1
This law is enacted to prevent fires, rescue from disasters, and emergency medical treatment, in order to maintain public safety and ensure the protection of people's lives and property.
Article 2
(Definition of Administrator)
For the purpose of the Act, an “administrator” whenever appears in the Act, is referred to any person who has the right to exercise domination and control of the place in question either as duly conferred by the law or by contract; the managing director shall be the administrator in case of an incorporated body.
Article 3
The competent authorities referred to in this law are: the Ministry of Interior at the central government level, the city government for municipalities directly under the central government, and the county (city) government for counties (cities).
Article 4
(Fire Engine, Equipment & Manpower Allocation Standards)
Fire engine, equipment and manpower allocation standards for the municipality, county and city shall be determined by the central regulating authorities.
Chapter Two: Fire Prevention
Article 5
(Education & Propaganda)
Governments of each Municipality, county and city shall sponsor fire prevention education and propaganda programs co-sponsored every year by public agencies, schools, civil organizations and mass communication media.
Article 6
(Installation of Fire Safety Equipment)
The Act defining the Administrators who have the right to dominate and control a variety of places should provide and maintain the proper fire safety equipment.
The central regulating authorities shall set forth standards for the classification of places and the installation of fire safety equipment.
Fire departments may classify depending on the hazardous extent of the various places defined in previous paragraph herein for control,inspection and re-inspection.
Para.1 defines a variety of places not complying with all or one item regulated in Para.1 owing to the difficulty of application with special purposes, constructions, or other fire techniques, methods and equipments as higher level effect should be attached with related certificates recognized by the central fire regulating authority.
The administrators of the hotels, sites of senior citizens’ social welfare and the places announced by central regulating authority that not involved in paragraph 1 herein should provide and maintain residential fire alarms. The regulations regarding the installation, period of improvement, and other matters should be obeyed will be set forth by the central regulating authorities.
Administrators of the place that not involved the ones require automatic fire alarms equipments under the standard in paragraph 1 herein should provide and maintain residential fire alarms. The regulations regarding the installation, period of improvement, and other matters should be obeyed will be set forth by the central regulating authorities.
Article 7
Fire safety equipment installed according to the standards for various types of places should be designed and supervised by certified fire safety professionals. Testing and maintenance should be conducted by fire safety professionals or certified fire equipment technicians. The above tasks related to fire safety equipment may be temporarily performed by existing specialized professions and technical personnel or technicians, with a period until five years from the day the amendments to this law are implemented on May 30, 112th year of the Republic of China. Architectural and electrical engineers can design, supervise, or test and repair non-systematic fire safety equipment such as fire extinguishers, signs, and emergency lighting, without being restricted by the first paragraph. The qualification and management of fire safety professionals are determined by other laws. Before the enactment of the aforementioned law, the central competent authority may formulate the management measures for fire safety professionals and fire equipment technicians.
Article 8
(Qualification of Fire Protection Equipment Engineer/Technician)
Any citizen of the Republic of China having passed the fire protection equipment engineer examination is duly conferred a certificate of a fire protection equipment engineer under the Act may act as a fire protection equipment engineer.
Any citizen of the Republic of China having passed the fire protection equipment technician examination is duly conferred a certificate of a fire protection equipment technician under the Act may act as a fire protection equipment technician.
Any one applying for the issuance of a certificate of fire protection equipment engineer or technician shall submit a written application and qualification documents and file the application with the central regulating authorities.
Article 9
The administrator of a variety of places specified in the first paragraph of Article 6 shall conduct regular inspection and maintenance of fire safety equipment in accordance with the following provisions; the inspection results shall be reported to the competent authority where the site is located for review within the prescribed time limit, and the competent authority may send personnel for re-inspection; The same shall apply to the case of business closure or suspension of business. However, if the entire building where the various sites are located is no longer in use, the administrator of the site may be exempted from regular inspections of fire safety equipment and declaration of inspection results after reporting to the local competent authority for review and approval until the building is restored to use:
1. High-rise buildings, underground buildings, or places announced by the central competent authority: entrust a professional fire safety equipment inspection and maintenance institute permitted by the central competent authority to handle.
2. Places above a certain scale other than those in the preceding paragraph: entrust a fire protection equipment engineer or a fire protection equipment technician.
3. Places other than the preceding two paragraphs that are only equipped with non-systematic fire safety equipment such as fire extinguishers, sign equipment or emergency lighting: entrust a fire protection equipment engineer , a fire protection equipment technician or the administrator to manage it.
Items, methods, standards, and frequency of regular inspection and maintenance of the safety equipment in various places (including out of business or closed places) in the preceding paragraph, periodic inspection or calibration of necessary equipment and appliances for maintenance, specifications, styles, additional methods and locations of maintenance completion signs, the reporting period for acceptance of inspection results, the inspection and handling methods when applying for review, the criteria for determining that the entire building is no longer in use, and the documents to be prepared for review and other matters to be complied with shall be prescribed by the central competent authority.
Places above a certain scale in Subparagraph 2 of Paragraph 1 shall be announced by the central competent authority.
The central competent authority shall prescribe qualifications, procedures, documents to be prepared, review methods, verification (renewal) issuance of licenses, valid period, modification, abolition, extension, regulations of business execution, the employment, changes, training of fire protection equipment engineer or technician, preparation and retention period of business- related documents, reporting of various forms and other matters to be obeyed by a professional fire safety equipment inspection and maintenance institute specified in Subparagraph 1 of Paragraph 1.
Article 10
(Approval of Fire Safety Equipment Drawings)
Drawings of fire safety equipment of any building for public use shall be completed with the examination and approval by the municipal, or county/city fire department before seeking the approval to commence the constructional work from the building regulating authorities.
Any item applying for preliminary examination under Article 34.1 of Building Act involving fire safety equipment of building, it shall be jointly examined by the building regulating authorities and the fire department.
In the event that a building not provided for public use is changing to one for public use, or a building provided for public use is changing to one for another type of public use, the building regulating authorities and the fire department shall jointly examine the drawings of fire safety equipment of the building in question.
Article 11
For buildings with above-ground floors reaching eleven stories or more, underground buildings, and places designated by the central competent authority, the manager should use flame-retardant marked carpets, curtains, drapes, display advertising boards, and other specified flame-retardant items. Flame-retardant items or their materials without flame-retardant markings shall not be sold or displayed.
Article 11-1
Those engaged in the manufacturing, import processing, or operation of flame-retardant items or their materials should apply for flame retardant performance certification from the professional organization registered by the central competent authority, and may only apply for flame-retardant marking from the professional organization after obtaining the certification. The central competent authority may carry out random sampling tests on flame-retardant items or their materials, and operators must not evade, obstruct, or refuse. Details regarding the application eligibility, procedure, necessary documents, review method, certification (re)issuance, validity period, changes, cancellation, extension, flame-retardant marking specifications, attachment method, application procedure, necessary documents, issuance, cancellation, suspension of issuance and other matters to be observed are to be stipulated by the central competent authority.
Article 12
(Inspection of Fire Machine, Supplies and Equipment)
Any fire control machine & tool, apparatus and equipment subject to approval as published by the central regulating authorities may not be offered for sale, display, installation and/or use unless they have survived the approval by the registered Institution of the central regulating authorities and bear an approval label.
With the exception of those items with particular property listed by the central regulating authorities, the approval specified in the preceding paragraph shall include type approval and individual approval in sequence.
Any fire control machine & tool, apparatus and equipment subject to approval as published by the central regulating authorities in the first paragraph, its application, procedure, documents, examination methods, effective approval period, repeal, abolishment, regulating approval label, way of attaching, cancellation, removal and other requirements shall be specified by the central regulating authorities.
The applicant for the approval shall pay the approval fee to the registered institute specified in the first paragraph; the charged items and prices shall be submitted by the registered institute and ratified by the central regulating authorities.
The structure, material, function, approval inspection content, batch recognition, inspection result assessment, primary inspection equipment and other standards of any fire control machine & tool, apparatus and equipment subject to approval shall be specified by the central regulating authorities.
The application, procedure, documents, examination methods, the effective period, issuance (reissuance), repeal, abolishment, administration and other requirements of the registered institute specified in the preceding paragraph shall be specified by the central regulating authorities.
Article 13
Buildings of a certain scale or larger should have a fire protection manager designated by the property manager, who is responsible for developing a fire protection plan. The definition of "a certain scale or larger" in the previous paragraph shall be announced by the central competent authority. If any construction, alteration, repair, change of use, or interior decoration construction affects the function of the original systematic fire safety equipment in the building, the property manager shall have the fire protection manager set up a fire protection plan during construction. The fire protection plans in the first and previous paragraphs should be submitted by the property manager for reference to the competent authority where the building is located, and the necessary tasks related to fire protection management should be carried out according to the plans.
In cases where the management rights of the following buildings are divided, each management rights holder should agree to appoint a joint fire protection manager, who is responsible for developing a joint fire protection plan. This plan should then be submitted by each management rights holder for reference to the competent authority where the building is located, and the necessary tasks related to joint fire protection management and overall evacuation drills should be carried out according to the plan:
1.Buildings of eleven stories or more above ground, not including collective residences.
2.Underground buildings.
3.Other buildings announced by the central competent authority.
In the event that a place does not comply with the first paragraph in the buildings mentioned in the previous paragraph, each management rights holder can agree to assign personnel from that place to serve as the joint fire protection manager. The fire protection manager or joint fire protection manager should be management or supervisory personnel of the places specified in the first and fifth paragraphs. They should receive a certain number of hours of training from the competent authority or a professional organization registered by the central competent authority, and should hold a certificate of qualification. During their term of service, they should also regularly receive refresher training.
The details regarding the training content, hours, trainer qualifications, testing methods, qualification standards, certificate issuance, data setup and preservation, and other matters to be observed for the fire protection manager or joint fire protection manager, as well as the professional organizations specified in paragraph seven, will be determined by the central competent authority.
The property manager should report the appointment of the fire protection manager or joint fire protection manager to the competent authority where the building is located for reference within fifteen days from the day after the appointment. The same applies when there are changes.
Article 13-1
The disaster prevention centers of high-rise buildings or the central management rooms of underground buildings should have on-duty personnel. These personnel should undergo a specific amount of training by competent authorities or professional organizations registered by the central competent authority. They should obtain a qualification certificate before they can serve. During their tenure, they should regularly receive refresher training.
The method of providing training to on-duty personnel by the competent authority mentioned in the previous paragraph, including the items, a certain amount of time, qualifications of the lecturer, testing method, qualification criteria, issuing of qualification certificates, establishment and preservation of data, and other matters to be complied with, shall be determined by the central competent authority.
The professional organizations specified in the first paragraph, the qualification for their application for registration, procedure, required documents, review method, issuing (replacement) of registration certificates, validity period, changes, revocation, extension, regulations of business operation, establishment, preservation and reporting of data, items of training for on-duty personnel, a certain amount of time, and other matters to be complied with shall be determined by the central competent authority.
The authority holders should report the hiring of on-duty personnel to the competent authority of the building location for record within 15 days from the day after the appointment. The same applies when there are changes.
Article 14
(Hazardous Acts)
Ignition in the field, sky lantern flying and similar acts declaring by the authority concerned in public are not allowed to do without the permit。
The authority concerned taking the public safety into consideration can enact regulation for the permit of the acts in preceding paragraph about qualification, procedure, documents, protecting measures, check, abolishment, zone and other necessary requirements.
Article 14-1
The public buildings and the places declared by the authority concerned are not allowed to perform flame show without the permit except other laws are permitted.
The authority concerned can enact regulation for the permit of the acts in preceding paragraph about qualification, procedure, documents, protecting measures, check, abolishment, zone and other necessary requirements.
The firemen inspect the place getting permit should show the certificate or some signs for identification.
Administrator or the people on the spot are not allowed to avoid, interfer with, or refuse and they should offer relative materials with the requirement of fireman.
Article 15
Public hazardous substances and flammable pressurized gases shall be safely handled depending on their containers, loading and handling methods, and shall be stored or disposed with safe methods at where they are manufactured, stored or disposed once they have reached the specified quantity for control.
Scope and classification; establishment standards governing the location, construction and equipment of the place used for the manufacturing, storage or process; and safety control procedures for the storage, process and handling of those public hazardous substances and flammable pressurized gases described in the preceding paragraph herein shall be set forth by the central regulating authorities jointly with the regulating authorities of the public sector: Provided however, that whenever the public sector regulating authorities has already separately set forth safety control regulations for the manufacturing, storage, process or handling of the public hazardous substances and flammable pressurized gases, those regulations shall govern.
The person whose position is related to the place specified in paragraph 1, or the person who operates the domestic LPG retailer (hereinafter referred to as the retailer), the user and his / her employees can state the facts or provide evidence data to the competent authority of the municipality or county (city) directly under the central government, and report the acts in violation of the preceding two paragraphs.
The competent authority of a municipality or county (city) directly under the central government shall keep confidential the identity of the informer referred to in the preceding paragraph.
The director and employer of the third paragraph of the promoter shall not be dismissed, transferred or otherwise disadvantaged because of the issuance of the unit.
The third paragraph that has been verified and verified is punishable by a fine, and the informer is awarded to a certain percentage of the total amount of penalty income.
The competent authority of a municipality or county (city) directly under the central government shall prescribe the eligibility of the informer referred to in the preceding paragraph, the reporting reward percentage drawled on penalty income, the distribution method and other related matters.
Article 15-1
The firm that installs gas-burning water heater and it’s piping shall apply , register and obtain the permission from governments of Municipality, county or city before business. It is forbidden to install gas-burning water heater without employing the mounters having licenses after February 1, 2006.
The regulations regarding the application, modification, recision and abrogation, scope of business, employment of mounters and related matter of management for the firm’s registration described in the preceding paragraph herein will be set forth by the central regulating authority jointly with the regulating authorities of the public sectors.
The standards of gas-burning water heater and it’s piping installation in the first paragraph herein shall be set forth by the central regulating authority.
The gas-burning water heater in the first paragraph herein should install on the external wall of the building or the place where there are openings for air circulation. Otherwise, that water heater should equip with an exhaust pipe for discharging fume out from the building.
Article 15-2
Retailers should have safety technicians to conduct gas inspections and prepare the following data to be regularly reported to the competent authority of the business location:
1.Management data of container storage locations.
2.Container management data.
3.User data.
4.LPG filling certification data of LPG filling station operators.
5.Safety technician management data.
6.User safety inspection data.
7.Proof of public accident liability insurance.
8.Other data announced by the central competent authority.
The method of producing the data mentioned in the previous paragraph, content to be recorded, placement, preservation for years, reporting, and other matters to be complied with shall be determined by the central competent authority.
The safety technicians mentioned in the first paragraph should undergo a certain amount of training by professional organizations registered by the central competent authority, obtain a qualification certificate before they can serve, and should regularly receive refresher training during their tenure.
The professional organizations specified in the previous paragraph, the qualification for their application for registration, procedure, required documents, review method, issuing (replacement) of registration certificates, validity period, changes, revocation, extension, regulations of business operation, establishment, preservation and reporting of data, items of training for safety technicians, a certain amount of time, and other matters to be complied with shall be determined by the central competent authority.
Article 15-3
(Approval of LPG containers)
The manufacturer or importer of a liquefied petroleum gas container (hereinafter referred to as a container) shall apply to the central competent authority for type approval and issue a type approval certificate, and may apply for individual approval.
The container shall be sold after it has been individually qualified according to the preceding paragraph and attached with a qualified mark.
The central competent authority shall determine the qualifications, procedures,documents,issue the approval, validated,changed,revoked,abolished, extended, and qualified to stop the issuance and sale of the target data ,the methods for establishment, preservation and declaration of the container specified in the first paragraph and other matters to be complied with.
The specifications, construction, materials, welding regulations, marks, coating, service life, approved test items, batch identification, sampling quantity, test result determination, specifications and additional methods of qualified marks, handling of nonconformities and other relevant standards of the containers specified in paragraph 1 shall be announced by the central competent authority.
The approval, individual approval, type approval certificate as prescribed in paragraph 1, the issuance of qualification mark as prescribed in paragraph 2, the issuance (replacement) of qualification mark as prescribed in paragraph 3, the suspension, cancellation, annulment and extension of qualification mark may be entrusted to a professional institution registered with the central competent authority.
The fees required for the approval, individual accreditation, issuance of qualified signs, issuance, alteration and extension of the certificate of accreditation of the professional institution signed in the preceding paragraph shall be borne by the applicant, and the amount of the fee items and fees shall be submitted by the institution to the central competent authority for approval.
The qualifications, equipment and personnel, procedures, documents to be prepared, period of validity of the registration certificate, issuance (exchange), revocation, revocation, alteration, extension, construction of data, preservation and declaration, suspension of business and other matters to be complied with shall be determined by the central competent authority.
Article 15-4
(Periodic inspection of LPG containers)
The container shall be inspected regularly. Before the expiration of the inspection period, the retailer shall send the container to the container inspection institution registered by the central competent authority for inspection. After passing the inspection and attaching the qualification mark, the container can continue to be used. After the expiration of the service life, the container shall be replaced. The period, item, method, result judgment, items and additional methods of the qualification mark shall be included and inconsistent The standards for the destruction of containers, valves and other related matters shall be announced by the central competent authority.
The cost of the container inspection agency as determined in the preceding paragraph shall be borne by the retailer, and the items and fees charged by the retailer shall be submitted by the institution for approval by the central competent authority.
The central competent authority shall prescribe the measures for the qualification, instruments, equipment and personnel, procedures, documents to be prepared, validity period of registration certificate, issuance (replacement), cancellation, annulment, change, extension, data establishment, storage and application, stop issuance of qualification marks, business suspension, and other matters to be followed by the container inspection institution specified in the first paragraph.
Article 15-5
The originator of a place for the manufacture, storage, or handling of public dangerous goods and flammable high-pressure gas as specified in Article 15, Paragraph 1, shall submit the location, construction, and equipment diagrams of the place to the competent authority of the location for review. Only after the review is complete may they report to the competent construction authority for commencement of work.
When applying for a use permit for the place specified in the previous paragraph in accordance with the Building Act, the competent construction authority shall inspect its location, construction, and equipment in conjunction with the authority conducting the review in the previous paragraph. Only after they pass the inspection may a use permit be issued.
Before the builder of a storage tank for storing liquid public dangerous goods applies for a use permit as stipulated in the previous paragraph, it should be inspected by a professional organization approved by the central competent authority and a certification document of conformity should be issued.
The storage tank mentioned in the previous paragraph that reaches a certain scale announced by the central competent authority, the authority holder should commission the professional organization in the previous paragraph to conduct regular inspections, keep records, and keep them for at least five years. Storage tanks set up before the announcement takes effect should complete their first regular inspection within five years from the date the announcement takes effect. The competent authority may send personnel for inspection.
The items, methods, qualification standards, frequency of regular inspection, and other matters to be complied with for the inspection of the storage tanks storing liquid public dangerous goods in the previous two paragraphs shall be determined by the central competent authority.
The professional organizations specified in the third paragraph, their qualification for application for approval, procedure, required documents, review method, equipment and tools, issuing (replacement) of approval certificates, validity period, changes, revocation, extension, regulations of business operation, establishment, preservation and reporting of data, and other matters to be complied with shall be determined by the central competent authority.
The storage tanks of liquid public dangerous goods of a certain scale that should be regularly inspected, if the central competent authority for the business in question has regulations for regular inspections, shall be handled according to its regulations.
Article 15-6
The person in charge of a location where the combined manufacture, storage, and handling of public hazardous materials exceeds thirty times the regulated volume should employ a security supervisor and security inspector to carry out the following tasks:
The security supervisor is responsible for formulating a fire prevention plan, which should be submitted to the local regulatory agency by the person in charge for record, and to perform the necessary tasks related to dangerous goods management according to the plan.
The security inspector is responsible for the maintenance of structure and equipment, and conducting self-inspections, etc.
The security supervisor should be from the management or supervision level of the aforementioned location. The supervisor and the security inspector should undergo a certain amount of training from a professional institution registered by the central competent authority and possess a qualification certificate before they can be appointed. During their tenure, they should regularly attend refresher training.
The qualification, procedures, necessary documents, review methods, issuance/renewal of registration certificates, validity period, changes, cancellation, extension, rules for conducting business, data establishment, preservation and reporting, training subjects for security supervisors and inspectors, certain hours, and other matters to be complied with by the professional institution mentioned above, shall be determined by the central competent authority.
The person in charge mentioned in the first paragraph shall report to the local competent authority for record within fifteen days from the day following the appointment of the security supervisor and security inspector; the same applies when changes occur.
The fire manager appointed according to Article 13 who possesses the qualification of the security supervisor specified in the second paragraph may also serve as the security supervisor specified in the first paragraph.
If the fire protection plan formulated in accordance with the first paragraph of Article 13 has been incorporated into the content of the fire prevention plan, the person in charge may be exempted from having the security supervisor formulate a fire prevention plan according to the first paragraph.
Chapter Three: Rescue Operation
Article 16
(Setup of Rescue Command Headquarters)
Each level of fire department shall set up a rescue command headquarters to be in charge of command, mobilization, control and communication for things and matters required for fire fighting and providing first aid.
Article 17
(Establishment of Fire Hydrant)
When required by fire control, the municipal, and county/city governments shall join the water supply company to select each proper location for the establishment of a fire hydrant at the cost to be reasonably subsidized by the municipal, county/city governments, and town office while the maintenance of the fire hydrant shall be provided by the water supply company.
Article 18
Telecommunications businesses should set up reporting telephone facilities as required by firefighting needs.
No one may call the authority's reporting telephone without reason, or falsely report fires, disasters, lifesaving, emergency aid situations.
The competent authority can ask telecommunications businesses to provide communication records and relevant personal information of those waiting to be rescued in order to carry out fire, disaster relief, lifesaving, or emergency aid tasks. Telecommunication businesses may not refuse.
The competent authority and telecommunications businesses' staff involved in the operation related to the aforementioned information shall keep the process and the content of the known information confidential and shall not disclose it without justified reasons.
Article 19
Firefighters may enter, use, damage, or damage the people’s land, buildings, vehicles, and other objects without entering, using, damaging, or restricting such use, and cannot reach the purpose of emergency and rescue.
Any civilian sustaining property loss of a particular sacrifice as a result of using or destroying, or restricting the use of any land, building, vehicle and/or any other things pursuant to the preceding paragraph, may claim for loss compensation. However, if such loss is attributed to the civilian, the loss compensation claimed will not be accepted.
Article 19-1
When the following places experience a fire, explosion, leakage of public hazardous materials or combustible high-pressure gas, the person in charge should immediately report to the object, method, and content specified and announced by the central competent authority:
Factory areas of petroleum refining, petroleum chemical raw material manufacturing, synthetic resin and plastic manufacturing, plastic product manufacturing.
Factory areas where the total manufacture, storage, or handling of public dangerous goods exceeds three thousand times the controlled amount or other areas announced by the competent authority.
When personnel, vehicles, and equipment of the competent authority enter the places mentioned above, the person in charge of the place and the personnel on the scene must not evade, obstruct, or refuse.
Article 20
(Fire Line)
The commander of firemen may specify a fire line to the peripheral of the fire site to limit entry of any person and vehicle; and may evacuate or have a mandatory evacuation of any and all persons and vehicles within the area defined by the fire line.
Article 20-1
(Right to withdraw from dangerous relief rescue)
Rescue teams on the site should take appropriate rescue after pondering over the rescue goal and risk under the consideration of disaster relief safety; If there is no danger of human life at the site, dangerous relief rescue may not be performed.
Article 21
(Use of Water Supply Source)
For the purpose of fire control, the commander of firemen may use any kind of water supply sources available nearby and notify the water supply company to concentrate on supplying water to the fire site.
Article 21-1
(When the factory fires, the administrators of the factory shall provide necessary rescue information and assign specially assigned person to the site to assist the fire commander)
When a fire commander size up in factory fire site, the administrators of the factory shall provide help in accordance with the following regulations
1. Providing necessary rescue information and chemical layout including types, quantities of the factory.
2. Assigning specially assigned person to the site to assist the fire commander.
Article 22
(Interruption of Power and Gas Sources)
To prevent extension and expansion of fire and as deemed necessarily, the commander of firemen may respectively notify the power company and the gas company to immediately cut of their supplies to the fire site.
Article 23
(Control Area)
Upon finding or being notified of any public hazardous material, or pressurized gas that appears to present risks of fire and/or explosion may specify the control area to limit entry of person and vehicle, prescribe mandatory evacuation; and may limit or restrict use of any ignition source.
Article 24
(Organization of Rescue Team)
Municipal, county/city fire department shall as applicable establish a rescue team, supplied with vehicles and medical personnel to provide first aid service.
Vehicles, equipment, and manpower allocation standards as well as first aid service procedure shall be set forth jointly by the central regulating authorities and the public sector regulating authorities.
Article 25
(Coordination of Rescue Operation)
In case of any Act or God, airplane crash, mining accident, forest fire, car accident and any other major hazard, the municipal, county/city fire departments shall promptly joint the rescue operation and provide first aid service.
Chapter Four: Disaster & Fire Cause Determination
Article 26
(Fire Investigation & Examination)
To investigate and determine cause of fire, the municipal, county/city fire department may have their agents to enter into the site in question to survey, collect and preserve evidences; and make inquiries.
Before the completion of the investigation and determination, the site of fire shall be kept integral and may be blocked out when required.
Article 26-1
Fire victims or stakeholders can apply to the competent authority for fire certificates or fire investigation information.
The procedures, scope, qualification restrictions, necessary documents, review methods, period, and other matters to be complied with when applying for the fire certificate or fire investigation information mentioned above shall be determined by the central competent authority.
Article 27
Municipal, county/city governments may invite representatives from agencies concerned and experts to organize an investigation committee to examine and determine cause of fire; the incorporation procedure for such a committee shall be specified by the municipal, county/city governments.
Article 27-1
(Composition of disaster accident investigation committee)
The central authority should invite representatives from agencies and group concerned , experts and firefighters to organize an disaster accident investigation committee (hereinafter referred to as investigation committee) to investigate the causes of duty and volunteer firefighters death or serious injuries caused by disaster rescue.
Investigation committee should make an investigation report on the cause of the accident, raise rescue improvement suggestions and track the implementation of improvement suggestions.
Investigation committee could request that agencies and group concerned, juristic person, group or natural person to provide information or document owing to investigation. When the information or document is occupied by judiciary or the Control Yuan, agencies and group concerned, juristic person, group or natural personshould explain clearly and provide the duplicate. If it makes sense that agencies and group concerned, juristic person, group or natural person are unable to provide the duplicate, thetestimony that the information or document is occupied should be provided.
The composition, committee member qualifications, invitation mode, procedure and others should be followed of the investigation committee specified in the preceding paragraph shall be specified by the central regulating authorities.
Chapter Five: Utilization of Civil Force
Article 28
(Organization of Voluntary Fire Fighters)
Municipal, or county/city government may organize a voluntary fire fighters to back up fire control and emergency handling routines; and the central regulating authorities shall set forth bylaws governing the organization procedure, training program, drill and service of the voluntary fire fighters.
Funds required by the organization of the voluntary fire fighters described in the preceding paragraph will be subsidized by the central regulating authorities.
Article 29
(Service Allowance)
The voluntary fire fighter in the course of training, drill and service under the Act shall be provided with the accommodation, transportation means or money in lieu as applicable by the municipal, or the county/city government as the case may be. During the service, the voluntary fire fighter shall be paid the allowance by referring to that payable to a national guard called for service.
A public leave shall be granted to any voluntary fire fighter called to receive training, participate in drill and service duties by the institute, agency, school, corporate, group, factory or plant where the voluntary fire fighter holds a job.
Article 30
(Payments)
Any voluntary fire fighter becomes ill, disable or dead in the course of training, drill or on duties shall be paid depending on the applicable regulations to his/her status at where he or she holds the regular job, the following requirements shall govern:
1. Ill or injury: a certificate for such ill or injury issued by the fire department shall be produced to a public hospital or a contracted hospital to receive medical care: Provided, however, that medical care may be sought from any hospital in case of emergency.
2. Disability: the disability payment shall be paid in a lump sum depending on the gravity of the injury as follows:
(1) Extremely severe and severe degree: 36 cardinals payable;
(2) Intermediate degree: 18 cardinals payable; or
(3) Mild degree: 8 cardinals.
3. Death in the event: 90 cardinals payable.
4. Disability due to injuries, disabilities and later died: payment to be made up in a lump sum as provided in the preceding subparagraph.
For the purpose of this Article, the amount of one cardinal shall not be less than that of a maximal monthly remuneration of an annual remuneration payable to a public service of the fifth job ranking of commission grade.
The disability assessment service shall be determined pursuant to People with Disabilities Rights Protection Act.
Payments to be made under the first paragraph shall be approval and released by the municipal, or county/city government in care of the fire department concerned.
Article 31
(Requisition of Equipment and Personnel for Fire Control)
Fire department when required for fire control and first aid may requisition and utilize fire control, rescue, medical personnel, vehicle, sea vessel, aircraft and equipment from public agencies, public sector and private sector.
Article 32
(Reimbursement)
Any entity in requisition under Article 31 may claim with the fire regulating authorities with jurisdiction for the following reimbursements:
1. For the vehicle, sea vessel and air craft requisitioned, the reimbursement will be made pursuant to the standard rates of communications and transportation authorized by the government; in the absence of such standard rates, the local standard rates then prevailing shall be referred for reimbursement by the fire regulating authorities.
2. The fire regulating authorities shall cause any vehicle, sea vessel and/or equipment damaged in requisition to be repaired; if such repair is prevented, a sum determined by the market price after deduction of appreciated value shall be refunded to its owner; and any loss of consumption shall be reimbursed according to the market price.
3. Any person requisitioned for fire control, rescue and providing first aid shall be paid according to the standard remuneration payable by his or her employer or entity where he or she holds the regular job; and any person becomes ill, injured, disabilities or dead, the payment shall be made as provided in Article 30.
The same as provided in the preceding paragraph shall be applicable to any person requested by the fire department to engage in fire control, rescue when sustaining any loss of equipment, becoming ill, injured, disabilities, or dead.
Chapter Six: Penal Clauses
Article 33
(Penal Clause)
Any person having damaged or destroyed any fire look-out tower, alarm bell tower, radio tower, closed-circuit TV tower or any related facilities shall be subject to an imprisonment or hard labor for a term not longer than five years, or a penal sum not less than NT$10,000 and not greater than NT$50,000, or both.
The same governs to any attempted offense as described in the preceding paragraph herein.
Article 34
(Penal Clause)
Any person having damaged or destroyed any water storage and/or supply equipment or fire control, rescue equipment shall be subject to an imprisonment or hard labor for a term not longer than three years, or a penal sum not less than NT$6,000 and not greater than NT$30,000, or both.
The same governs to any attempted offense as described in the first paragraph herein.
Article 35
(Penal Clause)
Any administrator of business place required to provide and maintain fire safety equipment under Para.1, Article 6,or the place required to provide and maintain residential fire alarm under Para.4, Article 6 fails to provide or maintain such equipment and such failure is attributable to any death from a fire disaster at such business place shall be subject to an imprisonment for a term not less than one year and not longer than seven years, or a penal sum not less than NT$1,000,000 not greater than NT$5,000,000, or both; and in case of any serious injury resulted from the fire, to an imprisonment for a term not less than six months and not longer than five years, or a penal sum not less than NT$500,000 and not greater than NT$2,500,000, or both
Article 35-1
For violations of the first item of Article 19-1, failing to immediately complete the report according to the object, method, or content announced by the central competent authority, the person in charge shall be fined between one hundred thousand and five hundred thousand New Taiwan dollars.
For violations of the second item of Article 19-1, those who evade, obstruct, or refuse the entry of personnel, vehicles, or equipment of the competent authority into the place, the person in charge or the perpetrator shall be fined between twenty thousand and one hundred thousand New Taiwan dollars.
Article 35-2
Personnel of the competent authority or telecommunication business violating the fourth provision of Article 18, who without a valid reason leak the process of the operation they are handling or the content of the information they are privy to, shall be fined between twenty thousand and one hundred thousand New Taiwan dollars.
Article 36
A fine of ten thousand to fifty thousand New Taiwan dollars shall be imposed in the event of any of the following situations:
1.Violating the second provision of Article 18, without reason calling the emergency number of the competent authority or falsely reporting a fire, disaster, life-saving, emergency ambulance situation.
2.Disobeying the disposal made by the competent authority according to the first item of Article 19, Article 20, or Article 23.
3.Refusing the scheduling or usage made by the competent authority according to Article 31.
4.Interfering with the use of equipment provided in the first item of Article 34.
Article 37
Violators of the following provisions will be penalized according to the following regulations:
1.Any venue that violates the first clause of Article 6 on fire safety equipment or the fourth clause on residential fire alarm setup and maintenance, or the first clause of Article 11 on the use of flame retardant items, will be fined between 20,000 and 300,000 New Taiwan dollars, and ordered to rectify within a prescribed time limit.
2.For places that are not for business use but still violate the first clause of Article 6, if improvements are not made within the prescribed time limit, the property manager will be fined between 20,000 and 300,000 New Taiwan dollars, and ordered to rectify within a prescribed time limit.
If improvements are not made within the prescribed time limit after the fine is imposed, they may be fined again and their business may be suspended or their use stopped for less than 30 days.
Those who evade, obstruct, or refuse the inspection and re-inspection as stipulated in the second clause of Article 6, will be fined between 6,000 and 100,000 New Taiwan dollars, and may be fined multiple times and have compulsory inspection and re-inspection.
Article 38
Those who engage in the design, supervision, testing, or maintenance of fire safety equipment in violation of the first provision of Article 7 shall be fined between 30,000 and 150,000 New Taiwan dollars and may be fined repeatedly for each violation.
For those who violate the first provision of Article 9, the property manager will be fined between 10,000 and 50,000 New Taiwan dollars and will be notified to rectify within a given time limit. If not rectified within the stipulated time, repeated fines may be imposed.
Fire safety equipment inspection institutions, fire equipment engineers, or technicians authorized by the central competent authority who do not inspect fire safety equipment according to the periodic inspection items, methods, standards, and deadlines set in the second provision of Article 9, or who provide false inspection reports for fire safety equipment, shall be fined between 20,000 and 100,000 New Taiwan dollars. They may be fined repeatedly and, if necessary, may be suspended from operating their business for a period ranging from one month to one year or be ordered to cease business operations.
Fire safety equipment inspection institutions authorized by the central competent authority that violate regulations related to business operations, the employment, transfer, training of fire equipment engineers/technicians, the preparation of relevant business documents, preservation years, and reporting of various forms as prescribed in the fourth provision of Article 9 will be fined between 30,000 and 150,000 New Taiwan dollars. They will be notified to rectify within a given time limit. If not rectified within the stipulated time, repeated fines may be imposed, and they may be suspended from operating for up to 30 days or have their authorization revoked.
Article 39
Those who violate the second provision of Article 11, selling flame-retardant items or materials without flame-retardant labels, or who violate the first provision of Article 12, selling or installing unauthorized fire-fighting equipment, materials, or apparatus without approved labels, will be fined between 20,000 and 100,000 New Taiwan dollars and may be fined repeatedly for each violation. If they still do not improve their display after being advised, they will be fined between 10,000 and 50,000 New Taiwan dollars and may be fined repeatedly for each violation.
Article 40
For buildings of a certain scale that are used for business purposes, if they violate the first provision of Article 13 by not having the property manager appoint a fire safety manager to set up a fire protection plan, or violate the third provision of the same article by not setting up a fire protection plan during construction, the property manager shall be fined between 20,000 and 300,000 New Taiwan dollars. If there is a risk of significant damage due to a fire, the property manager may be ordered to stop work. Construction cannot be resumed without the fire protection plan being checked according to the fourth provision of the same article.
In the following cases, if not improved within a given notice period, the property manager will be fined between 20,000 and 100,000 New Taiwan dollars:
1.Buildings of a certain scale not used for business purposes, which violate the first provision of Article 13 by not appointing a fire safety manager or violate the third provision by not setting up a fire protection plan during construction.
2.Violating the fourth provision of Article 13, by not submitting the fire protection plans mentioned in the first and third provisions to the local governing body for review, or not implementing necessary fire safety management tasks according to those plans.
3.Violating the fifth provision of Article 13, by not collaboratively appointing a joint fire safety manager to set up a joint fire protection plan, not submitting the joint fire protection plan to the local governing body for review, or not executing necessary joint fire safety management tasks per the reviewed plan.
4.Violating the seventh provision of Article 13, where the fire safety manager or joint fire safety manager is not part of the management or supervisory staff of the facility, or does not undergo periodic refresher training during their tenure.
5.Violating the tenth provision of Article 13 by not reporting the appointment or changes of the fire safety manager or joint fire safety manager to the local governing body within the stipulated time frame.
6.Violating the first provision of Article 13-1, where the disaster prevention center of high-rise buildings or the central management room of underground structures does not have qualified staff, or the staff does not undergo periodic refresher training during their tenure.
7.Violating the fourth provision of Article 13-1 by not reporting the appointment or changes of the on-duty staff to the local governing body as stipulated in the first provision within the prescribed time frame.
If improvements are not made within the notice period after being fined as per the above two provisions, repeated fines may be imposed, and the entity may be suspended from operating or its use may be halted for up to 30 days.
Article 41
(Penal Clause)
Any offense against Para.1 or 2, Article 14 about protecting measures, zone and other necessary requirements shall be subject to a penal sum greater than NT$3,000.
Article 41-1
Any offense against Para.1 or 2, Article 14-1 about protecting measures, check, abolishment, zone and other necessary requirements shall be subject to a penal sum less than NT$30,000 and not greater than NT$150,000 and shall be continuously punished for each violation.
Any Administrator or the people on the spot who is avoiding, interfering with, or refusing any inspection under Para.3, Article 14-1 shall be subject to a penal sum not less than NT$10,000 and not greater than NT$50,000 for the same offense and a mandatory inspection and command that offer relative materials.
Article 42
For locations manufacturing, storing, or processing hazardous materials and highly flammable compressed gases as defined in Article 15, if their location, structure, and equipment do not meet the prescribed standards, or if their storage, processing, and transportation do not comply with safety management regulations, the property manager or the individual responsible shall be fined between 20,000 and 300,000 New Taiwan dollars. If no improvements are made after being fined, continuous penalties may be applied, and the entity may be suspended from operating or its use may be halted for up to 30 days.
Article 42-1
In case of violation of Article 15-1 as bellow, the administrator or the mounter carrying on business shall be subject to a penal sum not less than NT$10,000 and not greater than NT$50,000, and the authority are entitled to force the firm to improve within given time, any absence of correction, the administrator or the mounter shall be continuously punished and may be subject to an mandatory suspension of his or her business.
1. To install gas-burning water heater and it’s piping without employing the mounter who has a license after February 1, 2006;
2. Anyone installing gas-burning water heater and it’s piping offense against Para.3, Article 15-1;or
3. Any mounter installing gas-burning water heater and it’s piping offense against the empower range of the license in Para.2, Article 15-1.
Article 42-2
Retailers, professional institutions, container manufacturers, importers, or container inspection institutions with one of the following situations shall be fined between 20,000 and 100,000 New Taiwan dollars. They will be given notice to make improvements within a stipulated time frame. If they fail to make the necessary improvements by the deadline, they may be fined repeatedly for each instance:
1.Container manufacturers or importers violate the second provision of Article 15-3 by selling containers that haven’t individually been approved and certified or don’t have the appropriate certification marking.
2.Container manufacturers or importers violate the regulations in the third provision of Article 15-3 regarding the establishment, preservation, or reporting of sales data.
3.Professional institutions breach the regulations in the seventh provision of Article 15-3 concerning the establishment, preservation, or reporting of equipment and personnel data.
4.Retailers violate the first provision of Article 15-4 by continuing to use containers without sending them for regular inspection at an inspection institution before their inspection deadline, or if they continue using containers beyond their lifespan without replacement.
5.Container inspection institutions breach the rules in the third provision of Article 15-4 regarding the establishment, preservation, or reporting of equipment, personnel, and data.
If the violation pertains to the first scenario mentioned above, the containers in question may be confiscated and destroyed.
Article 42-3
Those who fall under any of the following situations shall be fined between 20,000 and 100,000 New Taiwan dollars. They will be notified to make corrections within a specified period. If corrections are not made by the deadline, fines may be imposed repeatedly:
1.Retailers violating the first provision of Article 15-2 by not employing safety technical personnel with valid certification.
2.The rightsholders, violating the fourth provision of Article 15-5, failing to commission periodic inspections of storage tanks by professional institutions approved by the central governing body, or not completing the initial regular inspection within the stipulated time, or not retaining the records of periodic inspections for at least five years.
3.The results of the regular inspection of the storage tanks as mandated in the fourth provision of Article 15-5 by professional institutions are inconsistent with the standards set in the fifth provision of the same article.
4.Professional institutions that do not inspect according to the items, methods, qualifying criteria, and frequency as set in the fifth provision of Article 15-5, or create false inspection records.
5.Professional institutions violating regulations about conducting operations, establishing, preserving, or reporting data as set in the sixth provision of Article 15-5.
6.The rightsholders specified in the first provision of Article 15-6 who fail to have safety supervisors formulate fire prevention and disaster mitigation plans, do not report these plans to the regulatory authority where the location is situated, do not carry out necessary hazardous materials management as per the fire prevention and disaster mitigation plan, or do not have safety inspectors perform structural maintenance and autonomous inspections.
7.The rightsholders specified in the first provision of Article 15-6 who fail to appoint safety supervisors or safety inspectors who meet the qualifications set in the second provision of the same article.
8.The rightsholders mentioned in the first provision of Article 15-6, violating the fourth provision of the same article, fail to report the appointment or changes of safety supervisors or safety inspectors to the regulatory authority of the location within the stipulated time.
If storage tanks stipulated in the fourth provision of Article 15-5 have the situation described in the third item above, their rightsholders will be fined and notified to make corrections. If not corrected by the deadline, they may be ordered to cease using the storage tanks for storing public hazardous liquid substances.
For professional institutions described in the fourth item of the first paragraph, if fined according to the same item and notified to correct within the deadline but fail to do so, they can face suspension of operations for over a month but less than a year or have their licenses revoked.
For professional institutions described in the fifth item of the first paragraph, if fined according to the same item and notified to correct within the deadline but fail to do so, they can face suspension of operations for up to 30 days or have their licenses revoked.
Article 42-4
Retailers that meet any of the following conditions shall be fined between 3,000 and 15,000 New Taiwan dollars. They will be notified to make corrections within a specified period. If corrections are not made by the deadline, fines may be imposed repeatedly:
1.Violation of regulations set in the second provision of Article 15-2 regarding the content of data production, items that should be recorded, placement, data preservation duration, or reporting requirements.
2.Contravening the third provision of Article 15-2, where safety technical personnel do not undergo periodic retraining during their tenure.
Article 43
Those who refuse the inspection, inquiry, collection, preservation, or destruction of a fire scene as per Article 26 shall be fined between 6,000 and 100,000 New Taiwan dollars.
Article 43-1
(Penal Clause)
In case of violation of Subsection1 1, Article 21-1: the administrators of the factory didn’t provide necessary rescue information and chemical layout including types, quantities of the factory or provide false rescue information, the administrator shall be subject to a penal sum not less than NT$30,000 and not greater than NT$600,000.
In case of violation of Subsection1 2, Article 21-1: the administrators of the factory didn’t assign specially assigned person to the site to assist the fire commander, the administrator shall be subject to a penal sum not less than NT$500,000 and not greater than NT$1,500,000.
Article 44
(Penal Clause)
In addition to being punished by the Act for any offense subject to the Act, any alleged crime shall be transferred to the judicial institute for action.
Article 45
(Deleted)
Chapter Seven: Bylaws
Article 46
The implementation rules of this law will be determined by the central governing body.
Article 47
(Effective Date)
The Act shall become effective on and after the date it is published.