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ENFORCEMENT DECREE OF THE ACT ON THE SAFETY CONTROL OF HAZARDOUS SUBSTANCES

Presidential Decree No. 26725, Dec. 15, 2015

Amended by Presidential Decree No. 27751, Dec. 30, 2016

Presidential Decree No. 27810, Jan. 26, 2017

Presidential Decree No. 28216, Jul. 26, 2017

Presidential Decree No. 28541, Dec. 29, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Act on the Safety Control of Hazardous Substances and those necessary for the enforcement thereof. <Amended by Presidential Decree No. 18840, May 26, 2005>
 Article 2 (Dangerous Substances)
“Substances which are prescribed by Presidential Decree” in Article 2 (1) 1 of the Act on the Safety Control of Hazardous Substances (hereinafter referred to as the “Act”) means dangerous substances classified in attached Table 1. <Amended by Presidential Decree No. 18840, May 26, 2005>
 Article 3 (Designated Quantity of Dangerous Substances)
“Quantity which is determined by Presidential Decree” in Article 2 (1) 2 of the Act means quantity prescribed in the designated quantity column for each type of dangerous substances in attached Table 1.
 Article 4 (Places, etc. for Storing Dangerous Substances)
Places for storing dangerous substances of more than a designated quantity under Article 2 (1) 4 of the Act and the classification of the relevant storing places shall be specified in attached Table 2.
 Article 5 (Places, etc. for Handling Dangerous Substances)
Places for handling dangerous substances of more than the designated quantity for purposes other than for manufacturing under Article 2 (1) 5 of the Act, and the classification of the relevant handling places shall be specified in attached Table 3.
CHAPTER II PERMISSIONS, ETC. FOR FACTORIES
 Article 6 (Permissions for Construction of Factories, etc. and Alteration Thereof)
(1) A person who intends to obtain permission for the construction of a factory, etc. or for any alterations thereof pursuant to Article 6 (1) of the Act shall file an application for permission for construction or alteration with the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor/Do Governor, or the Governor of the Special Self-Governing Province who has jurisdiction over the place of the factory, etc. (hereinafter referred to as the "Mayor/Do Governor"), along with the documents prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 21165, Dec. 17, 2008; Presidential Decree No. 24417, Mar. 23, 2013; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 26725, Dec. 15, 2015; Presidential Decree No. 28216, Jul. 26, 2017>
(2) The Mayor/Do Governor shall grant permission if he/she deems that the details of an application for permission for construction of a factory, etc. or any alterations thereof under paragraph (1) fulfill the following criteria: <Amended by Presidential Decree No. 18840, May 26, 2005; Presidential Decree No. 20426, Nov. 30, 2007; Presidential Decree No. 21146, Dec. 3, 2008; Presidential Decree No. 21165, Dec. 17, 2008; Presidential Decree No. 24350, Feb. 5, 2013; Presidential Decree No. 24417, Mar. 23, 2013; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28216, Jul. 26, 2017>
1. The location, structure, and equipment of a factory, etc. shall conform to the technical standards referred to in Article 5 (4) of the Act;
2. The storage or handling of dangerous substances in a factory, etc. shall be deemed not likely to hamper public security or disaster prevention;
3. The following factories, etc. shall undergo a technical review by the Korea Fire Institute established under Article 14 of the Fire-Fighting Industry Promotion Act (hereinafter referred to as the “Fire Institute”) for the matters set forth in the relevant items, and the results of said review, shall be deemed to have fulfilled the criteria prescribed by Ordinance of the Ministry of the Interior and Safety: Provided, That partial alterations for repairs, etc. which are prescribed and publicly notified by the Administrator of the National Fire Agency may be exempt from the technical review requirement, but they must still satisfy the criteria prescribed by Ordinance of the Ministry of the Interior and Safety:
(a) A factory or general handling place that handles dangerous substances at a volume at least 3,000 times the designated quantity: Matters relating to its structure and equipment;
(b) An outdoor storage tank (limited to those with capacities of at least 500,000 liters) or base-rock storage tank: Matters relating to the foundation and ground of the dangerous substance tank, the tank body, and the fire extinguishing installments.
(3) A person who applies for permission for the construction of a factory, etc. described in either item of paragraph (2) 3, or permission for any alterations thereof may receive a technical review from the Fire Institute in advance with regard to the construction plan for the factory, etc. and submit the results of said review, along with the application for permission for construction or alteration. <Amended by Presidential Decree No. 210426, Nov. 30, 2007; Presidential Decree No. 211467, Dec. 3, 2008>
 Article 7 (Special Cases concerning Construction and Alteration of Facilities for Dangerous Substances for Military Purposes)
(1) If the commander of a military unit intends to construct a factory, etc. for military purposes or for the facilities of the military unit or to alter its location, structure, or equipment under Article 7 (1) of the Act, he/she shall submit the design documents for the construction or alteration works for the factory, etc. as well as the documents prescribed by Ordinance of the Ministry of the Interior and Safety to the Mayor/Do Governor, prior to commencing the relevant works: Provided, That he/she may be exempt from submitting the design documents for the construction or alteration works when constructing or making alterations to a factory, etc. that is important for national security or classified as a state secret. <Amended by Presidential Decree No. 21165, Dec. 17, 2008; Presidential Decree No. 24417, Mar. 23, 2013; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28216, Jul. 26, 2017>
(2) The Mayor/Do Governor shall review the design documents and the relevant documents submitted under paragraph (1) and notify the commander of the relevant military unit of the outcome of such review. In such cases, the Mayor/Do Governor may request rectification of any non-conformities of the design documents and the relevant documents prior to notification of the outcome of the review, and the commander of the relevant military unit who receives the rectification request shall comply with such request unless any extenuating circumstance exists. <Amended by Presidential Decree No. 19485, May 25, 2006>
 Article 8 (Tanks, etc. Subject to Tank Safety Performance Testing)
(1) A dangerous substance tank required to undergo a tank safety performance test under the former part of Article 8 (1) of the Act shall be any of the following tanks for each tank safety performance testing specified in paragraph (2): <Amended by Presidential Decree No. 18840, May 26, 2005; Presidential Decree No. 21146, Dec. 17, 2008; Presidential Decree No. 24417, Mar. 23, 2013; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 26725, Dec. 15, 2015; Presidential Decree No. 28216, Jul. 26, 2017>
1. Tank foundation and ground testing: Liquid dangerous substance tanks with capacities of at least one million liters, among the outdoor storage tanks;
2. Hydro testing and hydrostatic pressure testing: Tanks for storing or handling dangerous substances in liquid form: Provided, That any of the following tanks shall be excluded herefrom:
(a) Tanks installed in a factory or at a general handling place, with capacities of less than the designated quantity;
(b) Tanks that have passed an inspection for specified equipment under Article 17 (1) of the High-Pressure Gas Safety Control Act;
(c) Tanks that have obtained safety certification under Article 34 (2) of the Occupational Safety and Health Act;
(d) Deleted; <by Presidential Decree No. 19485, May 25, 2006>
3. Weld testing: Tanks specified in subparagraph 1, excluding those tanks in regard to which a regular inspection under Article 18 (2) of the Act finds that any operations performed on the welded parts at the time of carrying out alteration works relating to their base (excluding where the works related to the strakes of tanks are included) fulfill the criteria prescribed by Ordinance of the Ministry of the Interior and Safety;
4. Base-rock tank testing: Tanks using a space within base-rocks that store or handle liquid dangerous substances.
(2) A tank safety performance test shall be classified into tank foundation and ground testing, hydro testing and hydrostatic pressure testing, weld testing, and base-rock tank testing under the latter part of Article 8 (2) of the Act, and the details thereof shall be as specified in attached Table 4.
 Article 9 (Exemption from Tank Safety Performance Testing)
(1) A tank safety performance testing which may be exempted by the Mayor/Do Governor under the latter part of Article 8 (1) of the Act shall be hydro testing and hydrostatic pressure testing as specified in Article 8 (2) and attached Table 4.
(2) A person seeking to be exempted from hydro testing and hydrostatic pressure testing for a dangerous substance tank shall undergo tank safety performance testing to perform hydro testing and hydrostatic pressure testing from the authority to conduct a safety performance testing of dangerous substance tank (hereinafter referred to as “tank tester”) or the Fire Institute, and submit the documents attesting that the dangerous substance tank has passed the above-mentioned test (hereinafter referred to as “certificate of tank testing”) to the Mayor/Do Governor before receiving the completion inspection under Article 9 (1) of the Act (in the case of an underground dangerous substance tank, before it is laid underground). <Amended by Presidential Decree No. 21146, Dec. 3, 2008>
(3) The Mayor/Do Governor may exempt hydro testing and hydrostatic pressure testing of a dangerous substance tank, if he/she deems that the certificate of tank testing submitted under paragraph (2) and the relevant tank conform to the technical standards specified in Article 5 (4) of the Act.
 Article 10 (Application, etc. for Completion Inspection)
(1) A person seeking to receive a completion inspection for a factory, etc. under Article 9 of the Act shall apply therefor to the Mayor/Do Governor.
(2) The Mayor/Do Governor in receipt of an application under paragraph (1) shall conduct a completion inspection for the factory, etc. and issue a completion certificate when he/she deems that the relevant factory, etc. conforms to the technical standards specified in Article 5 (4) of the Act (excluding those standards related to tank safety performance testing).
(3) A person to whom a completion certificate has been granted under paragraph (2) may apply for reissuance of the certificate to the Mayor/Do Governor who issued the certificate, if it has been lost, destroyed, or damaged.
(4) A person who applies for reissuance of the certificate under paragraph (3) because it has been destroyed or damaged, shall file an application with the relevant completion certificate attached.
(5) A person who obtains reissuance of the completion certificate granted under paragraph (2) because it has been lost, shall submit the lost certificate to the Mayor/Do Governor who reissued the certificate within 10 days, if he/she recovers the lost one.
CHAPTER III SAFETY CONTROL OF FACILITIES FOR DANGEROUS SUBSTANCES
 Article 11 (Qualified Persons for Handling Dangerous Substances, etc. Appointable as Safety Controllers of Dangerous Substances)
(1) “A person who is qualified for handling dangerous substances prescribed by Presidential Decree” in the main sentence of Article 15 (1) of the Act means any person specified in attached Table 5.
(2) “Cases prescribed by Presidential Decree” in the proviso to Article 15 (1) of the Act means either of the following: <Amended by Presidential Decree No. 18840, May 26, 2005; Presidential Decree No. 24350, Feb. 5, 2013; Presidential Decree No. 25836, Dec. 9, 2014; Presidential Decree No. 27810, Jan. 26, 2017>
1. If a dangerous substance stored or handled in a factory, etc. corresponds to a toxic chemical as defined in subparagraph 2 of Article 2 of the Chemicals Control Act;
2. If a storing place or handling place set for the purpose of storing or handling dangerous substances necessary for heating or emergency power generation or self-generation of a specific fire-fighting object as defined in Article 2 (1) 3 of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems, is located within or adjacent to the specific fire-fighting object.
(3) “Person who is prescribed by Presidential Decree” in the proviso to Article 15 (1) of the Act means either of the following: <Amended by Presidential Decree No. 18840, May 26, 2005; Presidential Decree No. 23272, Oct. 28, 2011; Presidential Decree No. 24350, Feb. 5, 2013; Presidential Decree No. 25836, Dec. 9, 2014; Presidential Decree No. 26725, Dec. 15, 2015; Presidential Decree No. 27810, Jan. 26, 2017>
1. In the cases specified in paragraph (2) 1: A person who has been appointed as a hazardous chemical supervisor for the relevant factory, etc. under Article 32 (1) of the Chemicals Control Act, and has undergone a hazardous chemical safety training under Article 28 of the Act or Article 33 of the Chemicals Control Act;
2. In the cases specified in paragraph (2) 2: A person who has been appointed as a fire safety controller under Article 20 (2) of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems or Article 5 of the Public Institutions’ Fire Safety Control Regulations, and who meets the eligibility requirements to be a safety controller of dangerous substances under Article 15 (9) of the Act (hereinafter referred to as "safety controller").
 Article 12 (Duplicate Appointments of One Safety Controller, etc.)
(1) In the following cases, a person who has constructed several factories, etc. may appoint the same person as a safety controller for such factories, etc. pursuant to the former part of Article 15 (8) of the Act: <Amended by Presidential Decree No. 18840, May 26, 2005; Presidential Decree No. 21165, Dec. 17, 2008; Presidential Decree No. 24417, Mar. 23, 2013; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 26725, Dec. 15, 2015; Presidential Decree No. 28216, Jul. 26, 2017>
1. If one and the same person has established seven or less general handling places consisting of boilers, burners, or any other similar equipment fueled by dangerous substances, and storing places that contain the dangerous substances to be supplied to the said general handling places (limited to where the general handling places and the storing places are situated in the same premises (referring to the same building or inside the same premises; hereinafter the same shall apply); hereafter the same shall apply in subparagraph 2);
2. If one and the same person has established five or less general handling places for transferring dangerous substances to containers or vehicle-fixed tanks (limited to where the distance (referring to walking distance; hereafter the same shall apply in subparagraphs 3 and 4) between the general handling places does not exceed 300 meters), and storing places that contain the dangerous substances to be supplied to the said general handling places;
3. If one and the same person has established storing places situated in the same premises or within 100 meters of each other, which are prescribed by Ordinance of the Ministry of the Interior and Safety in consideration of their size, kinds of the dangerous substances to be contained, etc.;
4. If one and the same person has established five or less factories, etc. that fulfill both of the following requirements:
(a) All the factories, etc. shall be located in the same premises or within 100 meters of each other;
(b) The maximum quantity of dangerous substances to be stored or handled at each factory, etc. shall be less than 3,000 times the designated quantity: Provided, That this shall not apply to storing places;
5. If one and the same person has established other factories, etc. prescribed by Ordinance of the Ministry of the Interior and Safety, which are similar to the factories, etc. specified in subparagraph 1 or 2.
(2) “A factory, etc. as prescribed by Presidential Decree” in the latter part of Article 15 (8) of the Act means any of the following: <Amended by Presidential Decree No. 18840, May 26, 2005; Presidential Decree No. 19485, May 25, 2006; Presidential Decree No. 26725, Dec. 15, 2015>
1. A factory;
2. A handling place for transfer;
3. A general handling place: Provided, That the following handling places that treat dangerous substances of category 4, whose flash point is at least 38 degrees, at a volume not more than 30 times the designated number, shall be excluded herefrom:
(a) A general handling place consisting of boilers, burners, or any other similar equipment fueled by dangerous substances;
(b) A general handling place for transferring dangerous substances to containers or vehicle-fixed tanks.
 Article 13 (Eligibility Requirements of Safety Controllers)
The eligibility requirements of a safety controller to be designated according to the type and scale of a factory, etc. under Article 15 (9) of the Act shall be specified in attached Table 6. <Amended by Presidential Decree No. 26725, Dec. 15, 2015>
 Article 14 (Criteria for Registration, etc. of Tank Testers)
(1) The technical ability, facilities, and equipment that tank testers are required to have under Article 16 (2) of the Act shall be specified in attached Table 7.
(2) A person seeking to be registered as a tank tester shall make an application for registration to the Mayor/Do Governor, with the documents prescribed by Ordinance of the Ministry of the Interior and Safety attached. <Amended by Presidential Decree No. 21165, Dec. 17, 2008; Presidential Decree No. 24417, Mar. 23, 2013; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28216, Jul. 26, 2017>
(3) The Mayor/Do Governor who receives an application for registration under paragraph (2) shall allow the registration, except in the following cases: <Newly Inserted by Presidential Decree No. 23368, Dec. 13, 2011>
1. If the applicant fails to meet the technical ability, facility, and equipment criteria prescribed in paragraph (1);
2. If the applicant corresponds to any subparagraph of Article 16 (4) of the Act;
3. If the relevant registration otherwise violates restrictions placed under the Act, this Decree, or any other Act or statute.
 Article 15 (Factories, etc. for Which Related Persons Shall Prepare Regulations for Prevention)
“A factory, etc. prescribed by Presidential Decree” in Article 17 (1) of the Act means any of the following factories, etc.: <Amended by Presidential Decree No. 18850, May 26, 2005; Presidential Decree No. 19485, May 25, 2006>
1. A factory that handles dangerous substances at a volume at least 10 times the designated quantity;
2. An outdoor storing place that contains dangerous substances at a volume at least 100 times the designated quantity;
3. An indoor storing place that contains dangerous substances at a volume at least 150 times the designated quantity;
4. An outdoor storage tank that contains dangerous substances at a volume at least 200 times the designated quantity;
5. A base-rock storage tank;
6. A handling place for transfer;
7. A general handling place that treats dangerous substances at a volume at least 10 times the designated number: Provided, That the following general handling places that treat dangerous substances of category 4 (excluding special flammables) at a volume not exceeding 50 times the designated number (limited to those places that handle petroleum products of category 1 and alcohols at a volume not exceeding 10 times the designated number), shall be excluded herefrom:
(a) A general handling place consisting of boilers, burners, or any other similar equipment fueled by dangerous substances;
(b) A general handling place for transferring dangerous substances to containers or vehicle-fixed tanks.
 Article 16 (Factories, etc. Subject to Regular Check)
“A factory, etc. prescribed by Presidential Decree” in Article 18 (1) of the Act means any of the following factories, etc.:
1. A factory, etc. falling under any subparagraph of Article 15;
2. An underground storage tank;
3. A moving storage tank;
4. A factory, handling place for fueling, or general handling place with a tank for handling dangerous substances which is laid underground.
 Article 17 (Factories, etc. Subject to Regular Inspection)
“A factory, etc. prescribed by Presidential Decree” in Article 18 (2) of the Act means an outdoor storage tank that contains or handles liquid dangerous substances with a capacity of at least 500 thousand liters. <Amended by Presidential Decree No. 28541, Dec. 29, 2017>
CHAPTER IV IN-HOUSE FIRE BRIGADE
 Article 18 (Places of Business Where In-House Fire Brigade Shall Be Established)
(1) “A factory, etc. prescribed by Presidential Decree” in Article 19 of the Act means a factory or a general handling place that treats dangerous substances of category 4: Provided, That this shall not include general handling places with boilers fueled by dangerous substances and other general handling places prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 21165, Dec. 17, 2008; Presidential Decree No. 24417, Mar. 23, 2013; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28216, Jul. 26, 2017>
(2) “A quantity prescribed by Presidential Decree” in Article 19 of the Act means a volume of 3,000 times the designated number.
(3) A person related to a place of business required to establish an in-house fire brigade under Article 19 of the Act shall have chemical fire engines and its own fire fighters in the in-house fire brigade in accordance with the provisions of attached Table 8: Provided, That the places of business that have made an agreement with other places of business, etc. for mutual assistance to be provided in the event of fire or other catastrophes, are allowed to have a different number of chemical fire engines and fire fighters to an extent determined by attached Table 8, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 21165, Dec. 17, 2008; Presidential Decree No. 24417, Mar. 23, 2013; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28216, Jul. 26, 2017>
CHAPTER V TRANSPORT OF DANGEROUS SUBSTANCES
 Article 19 (Dangerous Substances Required to Be Transported under Supervision or Support of Person Responsible for Transportation)
“Dangerous substances prescribed by Presidential Decree” in Article 21 (2) of the Act means any of the following:
1. Alkylaluminium;
2. Alkyl lithium;
3. Any dangerous substance that contains alkylaluminium or alkyl lithium.
CHAPTER VI SUPPLEMENTARY PROVISIONS
 Article 20 (Persons to Receive Safety Education)
“Persons prescribed by Presidential Decree” in Article 28 (1) of the Act means any of the following:
1. A person appointed as safety controller;
2. A technical professional working for a tank tester;
3. A person engaged in the business of transporting dangerous substances.
 Article 21 (Delegation of Authority)
The following types of authority vested in the Mayor/Do Governor shall be delegated to the head of a fire station under Article 30 (1) of the Act: Provided, That this shall not include authority related to a handling place for transfer established over the areas over which two or more heads of fire stations have jurisdiction in the same City/Do: <Amended by Presidential Decree No. 21146, Dec. 3, 2008>
1. Permission for the construction of a factory, etc. or for any alterations thereof under Article 6 (1) of the Act;
2. Acceptance of reports on alteration of the name and quantity of a dangerous substance or a multiple of the designated quantity thereof under Article 6 (2) of the Act;
3. Having consultations with the commander of a military unit on the construction of a factory, etc. for military purposes or for the facilities of the relevant military unit, or any alterations of its location, structure, or equipment under Article 7 (1) of the Act;
4. Conducting tank safety performance tests under Article 8 (1) of the Act (excluding where such tests are entrusted to the Fire Institute under Article 22 (1) 1);
5. Conducting completion inspections under Article 9 of the Act (excluding where such inspections are entrusted to the Fire Institute under Article 22 (1) 2);
6. Acceptance of reports on succession to the status of a person who constructed a factory, etc. under Article 10 (3) of the Act;
7. Acceptance of reports on disuse of a factory, etc. under Article 11 of the Act;
8. Revocation of permission for the construction of a factory, etc. and suspension of the use thereof under Article 12 of the Act;
9. Imposition of penalty surcharges under Article 13 of the Act;
10. Acceptance and return of regulations for prevention, and giving orders to make alterations thereof under Article 17 of the Act.
 Article 22 (Entrustment of Business Affairs)
(1) The following business affairs shall be entrusted to the Fire Institute under Article 30 (2) of the Act: <Amended by Presidential Decree No. 18840, May 26, 2005; Presidential Decree No. 20426, Nov. 30, 2007; Presidential Decree No. 211466, Dec. 3, 2008; Presidential Decree No. 21165, Dec. 17, 2008; Presidential Decree No. 24417, Mar. 23, 2013; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 26725, Dec. 15, 2015; Presidential Decree No. 28216, Jul. 26, 2017>
1. A tank safety performance test for any of the following tanks, among tank safety performance tests to be conducted by the Mayor/Do Governor under Article 8 (1) of the Act:
(a) A liquid dangerous substance tank with a capacity of at least one million liters;
(b) A base-rock tank;
(c) A liquid dangerous substance tank prescribed by Ordinance of the Ministry of the Interior and Safety, among dangerous substance tanks connected to an underground storage tank;
2. Any of the following completion inspections, of the authority vested in the Mayor/Do Governor related to a completion inspection under Article 9 (1) of the Act:
(a) A completion inspection to be conducted after a factory or a general handling place that handles dangerous substances at a volume at least 3,000 times the designated quantity is constructed or altered (excluding repairs or partial enlargement of a factory or general handling place currently in use);
(b) A completion inspection to be conducted after an outdoor storage tank (limited to those with capacities of at least 500,000 liters) or a base-rock storage tank is installed or altered;
3. A regular inspection to be conducted by the head of a fire defense headquarters or the head of a fire station under Article 18 (2) of the Act;
4. An inspection of transportation containers to be conducted by the Mayor/Do Governor under Article 20 (2) of the Act;
5. Safety education for persons falling under subparagraph 2 of Article 20, of the authority vested in the Administrator of the National Fire Agency related to the provision of safety education under Article 28 (1) of the Act.
(2) In accordance with Article 30 (2) of the Act, safety education for persons falling under subparagraph 1 or 3 of Article 20 (including safety education for persons who have received safety controller education and transporters of dangerous substances, which is specified in attached Table 5), of the safety education to be provided by the Administrator of the National Fire Agency under Article 28 (1) of the Act, shall be entrusted to the Korea Fire Safety Association established under Article 40 of the Framework Act on Fire Services. <Amended by Presidential Decree No. 18840, May 26, 2005; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28216, Jul. 26, 2017>
 Article 22-2 (Handling Personally Identifiable Information)
The Administrator of the National Fire Agency (including those persons to whom the authority vested in the Administrator of the National Fire Agency is delegated or entrusted under Article 30 of the Act), the Mayor/Do Governor (if the relevant authority is delegated or entrusted to other persons, including those persons), the head of a fire defense headquarters, or the head of a fire station may handle data including a resident registration number or an alien registration number defined in subparagraph 1 or 4 of Article 19 of the Personal Information Protection Act, if it is inevitable for dealing with the following administrative affairs: <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28216, Jul. 26, 2017>
1. Affairs related to the revocation of permission for construction of a factory, etc. and suspension of the use thereof under Article 12 of the Act;
2. Affairs related to the imposition of penalty surcharges under Article 13 of the Act;
3. Affairs related to reporting on appointment of safety controllers of dangerous substances under Article 15 of the Act;
4. Affairs related to the registration. etc. of tank testers under Article 16 of the Act;
5. Affairs related to making an access, inspection, etc. under Article 22 of the Act;
6. Affairs related to giving orders to tank testers under Article 23 of the Act;
7. Affairs related to giving orders to take measures for dangerous substances at unauthorized places under Article 24 of the Act;
8. Affairs related to giving emergency orders to suspend the use of a factory, etc. under Article 25 of the Act;
9. Affairs related to giving orders to observe standards for storage and handling under Article 26 of the Act;
10. Affairs related to emergency measures, notification, and giving orders to take measures under Article 27 of the Act;
11. Affairs related to providing education for safety controllers under Article 28 of the Act.
[This Article Newly Inserted by Presidential Decree No. 25532, Aug. 6, 2014]
 Article 22-3 Deleted. <by Presidential Decree No. 27751, Dec. 30, 2016>
 Article 23 (Criteria for Imposition of Administrative Fines)
The criteria for imposition of administrative fines under Article 39 (1) of the Act shall be as specified in attached Table 9.
[This Article Wholly Amended by Presidential Decree No. 21165, Dec. 17, 2008]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on May 30, 2004.
Article 2 (Transitional Measures concerning Permissions for Construction of Factories, etc.)
Factories, etc. specified in the left column of the following table which have obtained permission under the previous Enforcement Decree of the Fire Services Act, shall be deemed to have obtained permission as factories, etc. specified in the right column of the same table under Article 6:
Factory, etc. that has obtained permission under the previous Enforcement Decree of the Fire Services ActFactory, etc. defined under this Decree
Handling place for fueling Handling place for fueling
Handling place for petroleum saleswhich does not have an underground storage tank facility or indoor storage tank facilityHandling place for sales
which has an underground storage tank facility or indoor storage tank facility, and a facility for transferring dangerous substancesStoring place or general handling place
Handling place for sale of special dangerous substances which does not have an underground storage tank facilityHandling place for sales
which has an underground storage tank facility and a facility for transferring dangerous substancesStoring place or general handling place
Handling place for transferHandling place for transfer
General handling placewhich is to manufacture dangerous substancesFactory
which is not to manufacture dangerous substancesGeneral handling place
Handling place for storagewhich does not have a facility for transferring dangerous substances, or which handles dangerous substances at a volume less than the designated quantity per dayStoring place
which handles dangerous substances in its facility for transferring dangerous substances, at a volume not less than the designated quantity per dayStoring place or general handling place
Indoor and outdoor storing facilitiesIndoor and outdoor storing places
Outdoor storage tank facilityOutdoor storage tank
Indoor storage tank facilityIndoor storage tank
Underground storage tank facilityUnderground storage tank
Simple storage tank facilitySimple storage tank
Moving storage tank facilityMoving storage tank
Vessel storage tank facilityOutdoor storage tank
Underground base-rock storage tank facilityBase-rock storage tank
Article 3 (Transitional Measures concerning Base-Rock Storage Tanks Previously Installed)
(1) A person related to a base-rock storage tank falling under subparagraph 8 of attached Table 2, which was installed before the Enforcement Decree of the Fire Services Act as amended by Presidential Decree No. 15485 as at the time this Decree enters into force, shall submit a facility management plan indicating the current situation of the base-rock storage tank and the maintenance and management thereof to the head of the fire station having jurisdiction over the place where the relevant storage tank is installed, by December 31, 2004.
(2) If a person related to a base-rock storage tank under paragraph (1) submits a facility management plan indicating the current situation of the relevant base-rock storage tank and the maintenance and management thereof, he/she shall be deemed to have obtained permission under Article 6 (1) of the Act and received a completion inspection under Article 9 of the Act.
Article 4 (Transitional Measures concerning Permissions for Construction of Factories, etc. for New Types of Dangerous Substances)
A person storing or handling dangerous substances which are not classified into dangerous substances as defined under the previous Enforcement Decree of the Fire Services Act as at the time this Decree enters into force, shall obtain permission for the construction of a factory, etc. therefor under Article 6 of the Act and Article 6 (1) of this Decree, within one year from the date this Decree enters into force. In such cases, the proviso to Article 9 (1) of the Act shall apply mutatis mutandis with regard to the completion inspection.
Article 5 Omitted.
Article 6 (Relationship with Other Acts)
If the previous Enforcement Decree of the Fire Services Act or any provision thereof is cited by another statute as at the time this Decree enters into force, and if a provision corresponding thereto exists in this Decree, this Decree or the relevant provision of this Decree shall be deemed cited in lieu of the previous provision.
ADDENDA <Presidential Decree No. 18796, Apr. 22, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 23, 2005. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 18840, May 26, 2005>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 19184, Dec. 26, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2006.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 19485, May 25, 2006>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Applicability to Administrative Fines) The amended provisions of attached Table 9 shall apply, beginning with the first administrative fine imposed after this Decree enters into force.
ADDENDUM <Presidential Decree No. 19694, Sep. 28, 2006>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Applicability to Administrative Fines) The amended provisions of attached Table 9 shall apply, beginning with the first administrative fine imposed after this Decree enters into force.
ADDENDA <Presidential Decree No. 20426, Nov. 30, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability Following Introduction of Technical Review Procedure)
The amended provisions of Article 6 (2) 3 and (3) shall apply, beginning with the first application for permission for the construction of a factory or general handling place that handles dangerous substances at a volume at least 3,000 times the designated quantity, or for any alterations thereof, after this Decree enters into force.
ADDENDA <Presidential Decree No. 21146, Dec. 3, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 6, 2008.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 21165, Dec. 17, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 21626, Jul. 7, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 21720, Sep. 10, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 22488, Nov. 15, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23272, Oct. 28, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 5, 2012.
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 23368, Dec. 13, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23489, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of attached Table 6 shall enter into force on January 1, 2014.
Article 2 (Transitional Measures concerning Administrative Fines)
(1) Notwithstanding the amended provisions of attached Table 9, the previous provisions shall apply when the criteria for imposing administrative fines are applied to any violations committed before this Decree enters into force.
(2) The imposition of administrative fines for violations committed before this Decree enters into force shall not be taken into account for the calculation of the number of violations under the amended provisions of attached Table 9.
ADDENDA <Presidential Decree No. 24350, Feb. 5, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Permissions for Construction of Factories, etc. and Alteration Thereof)
The amended provisions of Article 6 (2) 3 shall apply, beginning with the first application for permission for the construction of a factory, etc. or for any alterations thereof after this Decree enters into force.
Article 3 (Transitional Measures concerning Administrative Fines)
Notwithstanding the amended provisions of subparagraph 1 of attached Table 9, the previous provisions shall apply when the criteria for imposing administrative fines are applied to any violations committed before this Decree enters into force.
ADDENDA <Presidential Decree No. 24417, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 25352, May 14, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDA <Presidential Decree No. 25753, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That of the Presidential Decrees amended pursuant to Article 7 of the Addenda, amendments of the Presidential Decrees which were promulgated before this Decree enters into force, but the dates they are to enter into force have yet to arrive, shall enter into force on the respective dates the relevant Presidential Decrees enter into force.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 25836, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 26725, Dec. 15, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 27810, Jan. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 28, 2017. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 28216, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 28541, Dec. 29, 2017>
This Decree shall enter into force on the date of its promulgation.