CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the security and promotion of public welfare by prescribing matters necessary for the installation and maintenance of fire-fighting systems or such and the safety control of fire-fighting objects in order to protect the lives, bodies and property of the people from fires, disasters, calamities and other emergency circumstances.
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
| (1) | The terms used in this Act shall be defined as follows: |
| 1. | The term "fire-fighting systems" means fire-fighting equipment, alarming equipment, escape equipment, fire-fighting water equipment and other equipment for fire-fighting activities prescribed by Presidential Decree; |
| 2. | The term "fire-fighting systems or such" means fire-fighting systems, emergency exits and other fire-fighting-related facilities prescribed by Presidential Decree; |
| 3. | The term "specific fire-fighting objects" means fire-fighting objects prescribed by Presidential Decree for which fire-fighting systems should be installed; |
| 4. | The term "fire-fighting appliances" means products or machinery forming fire-fighting systems or such, or being used for fire-fighting prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
| Article 3 (Relationship with other Acts) |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
CHAPTER II SPECIAL FIRE SAFETY INSPECTION, ETC.
| Article 4 (Special Fire Safety Inspection) |
| (1) | With respect to fire-fighting objects in a jurisdictional area, related regions or interested persons, the Administrator of the National Emergency Management Agency, the head of a fire defense headquarters or the head of a fire station may order the competent public official to conduct special inspections on fire safety control (hereinafter referred to as "special fire safety inspection") in order to verify whether fire-fighting systems or such are installed, maintained, and supervised in compliance with this Act or other Acts and subordinate statutes that are related with fire fighting, and whether any risk of fire, disaster, calamity, etc. exists in fire-fighting objects:Provided, That in the case of a private residence, this shall apply only when he/she obtains consent of an interested person or it is urgently needed because an outbreak of fire is highly apprehended. |
| (2) | A special fire safety inspection shall be conducted in any of the following cases: |
| 1. | Where it is acknowledged that any inspection, etc. on fire-fighting systems or such, fire prevention systems, escape systems, etc. conducted by an interested person in accordance with this Act or other Acts and subordinate statutes is insincere or incomplete; |
| 3. | Where it is necessary to conduct an inspection on the current state of fire safety control at a place where a major event, including a national event, is held and related regions nearby; |
| 4. | Where an inspection is needed for a place where fires occurred frequently or where there is a strong concern over a fire; |
| 5. | As a result of analyzing disaster forecast information, weather forecast, etc. where it is judged that a high risk of a fire, disaster, and calamity exists in fire-fighting objects; |
| 6. | Except as provided in subparagraphs 1 through 5, where it is judged that an outbreak of fire, disaster, calamity, or urgent situation is highly likely to cause damage to human life or property. |
| (3) | The Administrator of the National Emergency Management Agency, the head of a fire defense headquarters or the head of a fire station shall select the subject matter of special fire safety inspections in accordance with objective and fair standards, and the Administrator of the National Emergency Management Agency or the head of a fire defense headquarters may, if necessary to select the subject matter of special fire safety inspections objectively and fairly, form a special fire safety inspection selection committee to select the subject matter of special fire safety inspections. |
| (4) | Where a special fire safety inspection is conducted, the Administrator of the National Emergency Management Agency, the head of a fire defense headquarters or the head of a fire station shall not abuse his/her inspection authority for other purposes. |
| (5) | Specific items of a special fire safety inspection, and matters necessary for the formation and operation of a special fire safety inspection selection committee under paragraph (3) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
| Article 4-2 (Participation of Experts in Special Fire Safety Inspection) |
| (1) | The Administrator of the National Emergency Management Agency, the head of a fire defense headquarters or the head of a fire station may order a fire-fighting engineer, a fire-fighting system manager, and other persons who have expertise in fire fighting and disaster prevention to participate in a special fire safety inspection. |
| (2) | Any outside expert participating in an inspection under paragraph (1) may be paid allowances, travel expenses, and other expenses incurred within budget limit. |
[This Article Newly Inserted by Act No. 11037, Aug. 4, 2011]
| Article 4-3 (Methods, Procedures, etc. of Special Fire Safety Inspection) |
| (1) | When the Administrator of the National Emergency Management Agency, the head of a fire defense headquarters or the head of a fire station intends to conduct a special fire safety inspection, he/she shall inform an interested person of the subject matter, period, reason, etc. of the inspection in writing by no later than seven days prior to such inspection: Provided, That this shall not apply to any of the following cases: |
| 1. | Where it is necessary to conduct an urgent inspection because an outbreak of fire, disaster or calamity is highly apprehended; |
| 2. | Where it is acknowledged that the giving of a prior notice can defeat the purpose of a special fire safety inspection. |
| (2) | A special fire safety inspection shall not be conducted before sunrise or after sunset without the consent of an interested person: Provided, That this shall not apply to a case falling under any subparagraph of paragraph (1). |
| (3) | If an interested person notified under paragraph (1) has difficulty in undergoing a special fire safety inspection due to force majeure or other reasons prescribed by Presidential Decree, he/she may apply for a postponement of a special fire safety inspection to the Administrator of the National Emergency Management Agency, the head of a fire defense headquarters or the head of a fire station who has given notice of a special fire safety inspection, as prescribed by Presidential Decree. |
| (4) | The Administrator of the National Emergency Management Agency, the head of a fire defense headquarters or the head of a fire station upon receipt of an application for a postponement under paragraph (3) shall decide whether to approve said application for a postponement, and notify the interested person of his/her decision before an inspection commences. |
| (5) | When a special fire safety inspection is completed, the Administrator of the National Emergency Management Agency, the head of a fire defense headquarters or the head of a fire station shall notify the interested person of the inspection result in writing. |
| (6) | Except as prescribed in paragraphs (1) through (5), matters necessary for the methods and procedures of special fire safety inspections shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 11037, Aug. 4, 2011]
| Article 4-4 (Presentation of Certificates, Obligation of Confidentiality, etc.) |
| (1) | The competent public official or the related expert who conducts a special fire safety inspection shall carry with him/her a certificate indicating his/her authority or qualification and present it to an interested person. |
| (2) | The competent public official or the related expert who conducts a special fire safety inspection shall not interfere with the legitimate business practices of an interested person; and shall not provide or divulge to any third party, or use for other purposes, any materials obtained or any confidential information learned in the course of such inspection. |
[This Article Newly Inserted by Act No. 11037, Aug. 4, 2011]
| Article 5 (Order to Take Measures according to Result of Special Fire Safety Inspection) |
| (1) | As a result of a special fire safety inspection, when it is necessary to complement the location, structure, equipment or conditions of management of a fire-fighting object for the prevention of a fire, disaster, or calamity, or it is expected that an outbreak of fire causes severe damage to human life or property, the Administrator of the National Emergency Management Agency, the head of a fire defense headquarters or the head of a fire station may order an interested person to repair, move, remove, prohibit or restrict the use of, close, suspend or discontinue the installation of the said fire-fighting object and to take other necessary measures, as prescribed by Ordinance of the Ministry of Public Administration and Security. |
| (2) | As a result of a special fire safety inspection, when a fire-fighting object was built or installed in violation of Acts and subordinate statutes, or any fire-fighting object or such, escape system, fire prevention compartment, fire prevention facility, etc. is not installed, maintained, and supervised in compliance with Acts and subordinate statutes, the Administrator of the National Emergency Management Agency, the head of a fire defense headquarters or the head of a fire station may order an interested person to take measures prescribed in paragraph (1), or request the head of the relevant administrative agency to take necessary measures. |
| (3) | When an interested person fails to comply with an order to take measures even though he/she was given the order under paragraphs (1) and (2), the Administrator of the National Emergency Management Agency, the head of a fire defense headquarters or the head of a fire station may disclose such violation, etc. via the Internet, etc. |
| (4) | Matters necessary for disclosure procedures, disclosure period, disclosure method, etc. of any violation under paragraph (3) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
| Article 6 (Compensation for Losses) |
Where any person has suffered a loss due to an order issued under Article 5 (1),the Administrator of the National Emergency Management Agency, or a Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") shall compensate him/her for such loss, as prescribed by Presidential Decree. [This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
CHAPTER III INSTALLATION, MAINTENANCE, SUPERVISION, ETC. OF FIRE-FIGHTING SYSTEM
SECTION 1 Consent, etc. to Building Permit, etc.
| Article 7 (Consent to Building Permit, etc.) |
| (1) | When an administrative agency which has authority to permit or consult on new construction, enlargement, remodeling, reconstruction or relocation of a building or such, and to approve use of a building or such (including approval under Article 16 of the Housing Act and inspection for use under Article 29 of the same Act, approval under Article 4 of the School Facilities Projects Promotion Act and approval for use under Article 13 of the same Act; hereinafter referred to as "building permit, etc.") grants a building permit, etc., it shall obtain prior consent of the head of a fire defense headquarters or the head of a fire station who has jurisdiction over a construction site or the location of such building or such. |
| (2) | When an administrative agency which has authority to accept a report of repair on a large scale, enlargement, remodeling, reconstruction or alteration of use of a building or such has accepted such report, it shall notify the head of a fire defense headquarters or the head of a fire station who has jurisdiction over a construction site or the location of such building or such without delay. |
| (3) | When the head of a fire defense headquarters or the head of a fire station has received a request for consent under paragraph (1), he/she shall examine whether such building is in compliance with this Act or orders under this Act and then notify such administrative agency as to whether he/she consents or not within a period prescribed by Ordinance of the Ministry of Public Administration and Security. |
| (4) | In giving consent to approval for use under paragraph (1), the issuance of a certificate of completion of fire-fighting system installation under Article 14 (3) of the Fire-Fighting System Installation Business Act may take the place of such consent. In such cases, an administrative agency which has authority to grant a building permit, etc. under paragraph (1) shall confirm a certificate of completion of fire-fighting system installation. |
| (5) | In granting a building permit, etc. under paragraph (1), the scope of buildings or such for which consent should be obtained from the head of a fire defense headquarters or the head of a fire station shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
| Article 8 (Fire-Fighting System Installed in House) |
| (1) | The owner of a house falling under any of the following subparagraphs shall install, among fire-fighting systems, fire extinguishers and stand-alone fire alarm detectors: |
| (2) | The State and local governments shall formulate necessary measures to promote installation of fire extinguishers and stand-alone fire alarm detectors prescribed in paragraph (1) as well as autonomous safety control by the people. |
| (3) | Matters concerning installation standards for fire-fighting systems, including fire extinguishers and stand-alone fire alarm detectors prescribed in paragraph (1), shall be prescribed by Ordinance of Special Metropolitan City, Metropolitan City, Do, or Special Self-Governing Province. |
[This Article Newly Inserted by Act No. 11037, Aug. 4, 2011]
SECTION 2 Maintenance, Supervision, etc. of Fire-Fighting Systems, etc. Installed in Specific Fire-Fighting Objects
| Article 9 (Maintenance, Supervision, etc. of Fire-Fighting Systems, etc. Installed in Specific Fire-Fighting Objects) |
| (1) | An interested person of a specific fire-fighting object shall install, maintain, or supervise a fire-fighting system or such, which should be provided in consideration of the scale, use and the number of persons to be admitted or such, in accordance with the fire safety standards determined and announced by the Administrator of the National Emergency Management Agency, as prescribed by Presidential Decree. |
| (2) | When a fire-fighting system or such under paragraph (1) is not installed, maintained or supervised in accordance with the fire safety standards under paragraph (1), the head of a fire defense headquarters or the head of a fire station may order an interested person of such specific fire-fighting object to take necessary measures. |
| (3) | In maintaining and supervising a fire-fighting system or such pursuant to paragraph (1), an interested person of a specific fire-fighting object shall not do any act, such as closure (including locking; hereinafter the same shall apply) or interception, which causes trouble in function and performance of the fire-fighting system or such: Provided, That he/she may close or intercept a fire-fighting system or such to inspect or maintain it. |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
| Article 9-2 (Seismic Design Standards for Fire-Fighting Systems) |
Any person who intends to install a fire-fighting system prescribed by Presidential Decree in a specific fire-fighting object shall install such fire-fighting system to meet the seismic design standards set by the Administrator of the National Emergency Management Agency so that such fire-fighting system can be activated normally when an earthquake occurs.
[This Article Newly Inserted by Act No. 11037, Aug. 4, 2011]
| Article 10 (Maintenance and Supervision of Escape Facilities, Fire Compartments and Fire Prevention Facilities) |
| (1) | An interested person of a specific fire-fighting object shall not perform any of the following activities with respect to escape facilities and fire compartments under Article 49 of the Building Act and fire wall, interior finish materials or such (hereinafter referred to as "fire prevention facilities") under Articles 50 through 53 of the same Act: |
| 1. | Closing or destroying escape facilities, fire compartments and fire prevention facilities; |
| 2. | Piling up articles or installing obstacles around escape facilities, fire compartments and fire prevention facilities; |
| 4. | Changing escape facilities, fire compartments and fire prevention facilities. |
| (2) | When an interested person of a specific fire-fighting object performs any activities falling under the subparagraphs of paragraph (1), the head of a fire defense headquarters or the head of a fire station may order him/her to take necessary measures for the maintenance and supervision of escape facilities, fire compartments and fire prevention facilities. |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
| Article 11 (Special Exceptions to Fire-Fighting System Standards) |
| (1) | Where fire-fighting system standards are tightened due to the amendment to the Presidential Decree or the fire safety standards under Article 9 (1), the head of a fire defense headquarters or the head of a fire station shall apply the previous Presidential Decree or the previous fire safety standards to fire-fighting systems or such of existing specific fire-fighting objects (including a specific fire-fighting object which is under new construction, remodeling, reconstruction, relocation and repair on a large scale): Provided, That with respect to the following fire-fighting systems or such, the standards tightened due to the amendment to the Presidential Decree or the fire safety standards shall apply: |
| 1. | Fire extinguishing apparatus, emergency alarm systems, automatic fire reporting systems and escape facilities; |
| 3. | Among fire-fighting systems or such to be installed in facilities for the elderly and children as well as medical facilities, those prescribed by Presidential Decree. |
| (2) | In the case of water spray fire extinguishing equipment, simple sprinkler systems, emergency alarm systems and emergency broadcasting systems or such, the function and performance of which are similar, among the fire-fighting systems to be installed in a specific fire-fighting object, the head of a fire defense headquarters or the head of a fire station may allow exemption from installation of similar fire-fighting systems, as prescribed by Presidential Decree. |
| (3) | Where an existing specific fire-fighting object is enlarged or is subject to alteration of the use, the head of a fire defense headquarters or the head of a fire station shall apply the Presidential Decree or the fire safety standards concerning installation of fire-fighting systems or such enforced as at the time of enlargement or alteration of the use, as prescribed by Presidential Decree. |
| (4) | Notwithstanding Article 9 (1), the fire-fighting system prescribed by Presidential Decree need not be installed in the specific fire-fighting object prescribed by Presidential Decree among the following specific fire-fighting objects: |
| 1. | A specific fire-fighting object, the degree of fire risk of which is low; |
| 2. | A specific fire-fighting object to which it is difficult to apply the fire safety standards; |
| 3. | A specific fire-fighting object with the special use or structure to which the fire safety standards shall be applied otherwise; |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
SECTION 3 Flame Retardation
| Article 12 (Flame Retardation, etc. of Fire-Fighting Objects) |
| (1) | Interior decorations (referring to interior decorations referred to in Article 2 (1) 3 of the Special Act on the Safety Control of Publicly Used Establishments) and other articles (hereinafter referred to as "articles subject to flame retardation") prescribed by Presidential Decree as articles similar thereto, above the standards of flame retardation performance shall be installed in a specific fire-fighting object prescribed by Presidential Decree. |
| (2) | When the articles subject to flame retardation fail to meet the standards of flame retardation performance under paragraph (1) or fail to undergo a flame retardation performance test under Article 13 (1), the head of a fire defense headquarters or the head of a fire station may order an interested person of a fight-fighting object to take necessary measures, such as to remove such articles subject to flame retardation or to have a flame retardation performance test thereof. |
| (3) | Standards of flame retardation performance under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
| Article 13 (Test of Flame Retardation Performance) |
| (1) | Articles subject to flame retardation which are used in a specific fire-fighting object under Article 12 (1) shall pass a flame retardation performance test conducted by the Administrator of the National Emergency Management Agency. |
| (2) | No person who has registered flame retardation treatment business under Article 14 (1) shall submit a false sample for a flame retardation performance test under paragraph (1). |
| (3) | Matters necessary for a method of flame retardation performance test and marking of passing according to the results of test under paragraph (1) shall be prescribed by Ordinance of the Ministry of Public Administration and Security. |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
| Article 14 (Registration of Flame Retardation Business) |
| (1) | Any person who intends to give flame retardation on articles subject to flame retardation shall register flame retardation treatment business (hereinafter referred to as "flame retardation business") with a Mayor/Do Governor. |
| (2) | Matters necessary for types of flame retardation business, the scope of business by type, standards of registration of flame retardation business or such shall be prescribed by Presidential Decree. |
| (3) | An application for registration of flame retardation business, issuance of a certificate of registration or a registration pocketbook, an application for reissuance thereof and other matters necessary for registration of flame retardation business under paragraph (1) shall be prescribed by Ordinance of the Ministry of Public Administration and Security. |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
| Article 15 (Grounds for Disqualification of Registration) |
Any person who falls under any of the following subparagraphs shall not register flame retardation business:
| 1. | An incompetent or a quasi-incompetent; |
| 4. | A person in whose case two years have not passed since his/her registration of flame retardation business was revoked under Article 19 (1); |
| 5. | As a corporation, cases where its representative falls under any of subparagraphs 1 through 4. |
| Article 16 (Reportingon Alteration of Registered Matters) |
Where important matters prescribed by Ordinance of the Ministry of Public Administration and Security among the matters registered under Article 14 are altered, a flame retardation business owner shall file a report thereon with a Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Public Administration and Security. [This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
| Article 17 (Succession to Status of Flame Retardation Business Owner) |
| (1) | Any of the following persons shall succeed to the status of a flame retardation business owner: |
| 1. | Where a flame retardation business owner dies, his/her successor; |
| 2. | Where a flame retardation business owner transfers his/her business, a person who has acquired the business by transfer; |
| 3. | Where a corporate flame retardation business owner is merged, a corporation which survives the merger, or a corporation which is incorporated in the course of such merger. |
| (3) | Any person who has succeeded to the status of a flame retardation business owner under paragraph (1) or (2) shall file a report thereon with the relevant Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Public Administration and Security. |
| (4) | Article 15 shall apply mutatis mutandis to succession to the status under paragraph (1) or (2): Provided, That where a successor falls under any subparagraph of Article 15, this shall not apply for three months from the date he/she succeeds to the status. |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
| Article 18 (Operation of Flame Retardation Business) |
| (1) | No flame retardation business owner shall lend a certificate of registration or a registration pocketbook of flame retardation business to any third person. |
| (2) | Any flame retardation business owner who is subjected to disposition of the suspension of business or revocation of registration under Article 19 (1) shall not give flame retardation on articles subject to flame retardation from that date: Provided, That this shall not apply to articles under flame retardation while a flame retardation business owner whose contract for flame retardation of such articles is not terminated gives flame retardation. |
| (3) | When a flame retardation business owner falls under any of the following subparagraphs, he/she shall promptly notify such fact to the interested person of a specific fire-fighting object who has requested flame retardation: |
| 1. | When he/she succeeds to the status of a flame retardation business owner under Article 17; |
| 2. | When he/she is subjected to disposition of the revocation of registration or the suspension of a flame retardation business under Article 19 (1); |
| 3. | When he/she suspends or closes his/her business. |
| (4) | Where a flame retardation business owner gives flame retardation on articles subject to flame retardation, he/she shall give flame retardation on them above the standards of flame retardation performance under Article 12 (3). |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
| Article 19 (Revocation of Registration and Suspension of Business, etc.) |
| (1) | When a flame retardation business owner falls under any of the following subparagraphs, the competent Mayor/Do Governor may revoke such registration or order him/her to correct it within, or suspend his/her business for, a fixed period not exceeding six months, as prescribed by Ordinance of the Ministry of Public Administration and Security: Provided, That when he/she falls under subparagraph 1 or 3, the Mayor/Do Governor shall revoke such registration: |
| 1. | Where he/she has registered his/her business by fraud or other wrongful means; |
| 2. | Where he/she has failed to meet the standards of registration under Article 14 (2); |
| 3. | Where he/she has fallen under any ground for disqualification referred to in the subparagraphs of Article 15; |
| 4. | Where he/she has failed to report any alteration of business registration under Article 16, or has filed a false report; |
| 5. | Where he/she has failed to report his/her succession to the status of business owner under Article 17 (3), or has filed a false report; |
| 6. | Where he/she has lent a certificate of registration or a registration pocketbook to a third person, in violation of Article 18 (1); |
| 7. | Where he/she has failed to notify an interested person of the succession to the status, etc. in violation of Article 18 (3), or has given a false notification; |
| 8. | Where he/she has given flame retardation treatment, in violation of Article 18 (4); |
| 9. | Where he/she has failed to commence business or suspended business within one year after registration without justifiable grounds; |
| 10. | Where he/she has failed to file a report or submit data in violation of an order issued under Article 46 (1), or has filed a false report or submitted false data; |
| 11. | Where he/she has refused, interfered with, or avoided visits, inspections or investigations by the competent public officials under Article 46 (1) without justifiable grounds. |
| (2) | Where a successor who has succeeded to the status of a flame retardation business owner under Article 17 falls under the subparagraphs of Article 15, the provisions of paragraph (1) 3 shall not apply for six months from the date he/she commences succession. |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
CHAPTER IV SAFETY CONTROL OF FIRE-FIGHTING OBJECTS
| Article 20 (Fire Safety Control of Specific Fire-Fighting Objects) |
| (1) | An interested person of a specific fire-fighting object shall control the fire safety under paragraph (6) on such specific fire-fighting object. |
| (2) | An interested person of a specific fire-fighting object prescribed by Presidential Decree (hereafter referred to in this Article as "object of fire safety control") shall designate a person prescribed by Presidential Decree as a fire safety controller, as prescribed by Ordinance of the Ministry of Public Administration and Security in order to control the fire safety. |
| (3) | An interested person of an object of fire safety control may, notwithstanding paragraph (2), entrust any of the following persons with fire safety control under paragraph (1), and in such cases, he/she may designate a person who has authority to supervise the person entrusted with fire safety control as a fire safety controller: |
| 2. | A person who has registered fire-fighting system management business under Article 29 (1) (hereinafter referred to as "management business owner"). |
| (4) | Where an interested person of an object of fire safety control has designated a fire safety controller, he/she shall file a report thereon with the head of a fire defense headquarters or the head of a fire station within 14 days from the date he/she designates the fire safety controller, as prescribed by Ordinance of the Ministry of Public Administration and Security. |
| (5) | Where an interested person of an object of fire safety control has dismissed a fire safety controller, such interested person or fire safety controller dismissed may notify the head of a fire defense headquarters or the head of a fire station of such fact to receive confirmation on the fact that the fire safety controller has been dismissed. |
| (6) | An interested person of a specific fire-fighting object (excluding an object of fire safety control) and a fire safety controller of an object of fire safety control shall perform the following duties: Provided, That duties referred to in subparagraphs 1, 2 and 4 shall be performed only with respect to an object of fire safety control: |
| 1. | Preparation of a fire-fighting plan, including matters prescribed by Presidential Decree; |
| 2. | Organization of a self-defense fire-fighting team; |
| 3. | Maintenance and supervision of escape facilities, fire compartments and fire prevention facilities under Article 10; |
| 5. | Maintenance and supervision of fire-fighting systems and other fire-fighting-related facilities; |
| 6. | Supervision of handling of flammables; |
| 7. | Other duties necessary for fire safety control. |
| (7) | An interested person of an object of fire safety control shall direct and supervise a fire safety controller so that he/she may conduct fire safety control sincerely. |
| (8) | When a fire safety controller discovers that a fire-fighting system, escape facility, fire prevention facility, fire compartment, etc. is in violation of Acts and subordinate statutes, he/she shall promptly request an interested person of an object of fire safety control to take necessary measures, such as improving, relocating, removing and repairing. Where the interested person does not perform as requested, the fire safety controller shall notify the head of a fire defense headquarters or the head of a fire station of such fact. |
| (9) | An interested person of an object of fire safety control in receipt of a request to take measures, etc. under paragraph (8) from a fire safety controller, shall promptly comply with such request, and shall not treat a fire safety controller unfavorably, such as dismissing him/her or refusing to pay his/her compensation by reason of a request to take measures, etc. under paragraph (8). |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
| Article 21 (Joint Fire Safety Control) |
An interested person of a specific fire-fighting object designated by the head of a fire defense headquarters or the head of a fire station, among specific fire-fighting objects, the title of management of which is divided, which fall under any of the following subparagraphs, shall designate a person prescribed by Presidential Decree as a joint fire safety controller, as prescribed by Ordinance of the Ministry of Public Administration and Security:
| 1. | A high-rise building (limited to a building which has at least 11 floors, excluding basements); |
| 2. | An underground street (referring to aggregate of shops, offices and other facilities similar thereto installed in an underground structure adjacent to an underground passage continuously and such underground passage); |
| 3. | Other specific fire-fighting objects prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
| Article 22 (Fire Drill, etc. on Workers and Residents in Specific Fire-Fighting Objects) |
| (1) | An interested person of a specific fire-fighting object prescribed by Presidential Decree shall conduct a drill of fire-fighting, notification, escape or such (hereinafter referred to as "fire drill") and give training necessary for fire safety control to persons who regularly work or reside at such place. In such cases, an escape drill shall include a drill having persons who have access to such fire-fighting object take shelter and leading them to a safe place. |
| (2) | The head of a fire defense headquarters or the head of a fire station may direct and supervise a fire drill conducted by an interested person of a specific fire-fighting object under paragraph (1). |
| (3) | Matters necessary for the frequency, methods, etc. of a fire drill and training under paragraph (1) shall be prescribed by Ordinance of the Ministry of Public Administration and Security. |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
| Article 23 (Fire-Fighting Safety Education to Interested Persons of Specific Fire-Fighting Objects) |
| (1) | The head of a fire defense headquarters or the head of a fire station shall give fire-fighting safety education to an interested person of a specific fire-fighting object who is not governed by Article 22 for the fire prevention and fire-fighting safety of a specific fire-fighting object, as prescribed by Ordinance of the Ministry of Public Administration and Security. |
| (2) | Matters necessary for persons subject to education and the scope of specific fire-fighting objects or such under paragraph (1) shall be prescribed by Ordinance of the Ministry of Public Administration and Security. |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
| Article 24 (Fire Safety Control of Public Institutions, etc.) |
| (1) | The heads of the State agencies, local governments, national and public educational institutions, public corporations and quasi-governmental institutions under the Act on the Management of Public Institutions, local public enterprises under the Local Public Enterprises Act, and other public institutions and facilities shall conduct fire safety control, such as the fire prevention, organization of a self-defense fire-fighting team, in-house inspection on fire-fighting systems or such, fire drills, etc. in order to protect buildings, structures and articles or such from fires. In such cases, the heads of public institutions and facilities may entrust an employee under his/her jurisdiction who has qualification prescribed by Presidential Decree with fire safety control. |
| (2) | Matters necessary for fire safety control, such as the scope of institutions subject to fire safety control, responsibility of the head of an institution, etc. responsibility of a fire safety controller, fire drills, training and fire-fighting system inspection or such, under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
| Article 25 (In-House Inspection, etc. on Fire-Fighting Systems, etc.) |
| (1) | An interested person of a specific fire-fighting object shall regularly conduct an in-house inspection on fire-fighting systems or such installed in such object, or entrust a management business owner or a qualified technical expert prescribed by Ordinance of the Ministry of Public Administration and Security with regular inspections on them. |
| (2) | When an interested person of a specific fire-fighting object or such has conducted an inspection under paragraph (1), he/she shall report the results of such inspection to the head of a fire defense headquarters or the head of a fire station, as prescribed by Ordinance of the Ministry of Public Administration and Security. |
| (3) | Matters necessary for classification of inspections, subject matter of inspections, disposition of inspection personnel, qualification of inspectors, inspection equipment, inspection method, the frequency of inspections, etc. shall be prescribed by Ordinance of the Ministry of Public Administration and Security. |
| (4) | Where a management business owner or a qualified technical expert is entrusted with inspections pursuant to paragraph (1), he/she shall receive inspection fees in an amount calculated by a method prescribed by Ordinance of the Ministry of Public Administration and Security among the price standards of engineering business under Article 31 of the Engineering Industry Promotion Act. |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
| Article 25-2 (Prize, etc. to Interested Persons of Excellent Fire-Fighting Objects) |
| (1) | In order to lead the autonomous safety control of a fire-fighting object, the Administrator of the National Emergency Management Agency may select a fire-fighting object, the condition of safety control of which is excellent, and issue a marking of excellent fire-fighting object, and award a prize to an interested person of such excellent fire-fighting object. |
| (2) | Matters necessary for a method of selecting excellent fire-fighting objects, the scope of objects to be evaluated, procedures for evaluation, etc. under paragraph (1) shall be prescribed by Ordinance of the Ministry of Public Administration and Security. |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
CHAPTER V FIRE-FIGHTING SYSTEM MANAGERS AND FIRE-FIGHTING SYSTEM MANAGEMENT BUSINESS
SECTION 1 Fire-Fighting System Managers
| Article 26 (Fire-Fighting System Managers) |
| (1) | Any person who intends to be a fire-fighting system manager (hereinafter referred to as "manager") shall pass an examination for manager held by the Administrator of the National Emergency Management Agency. |
| (2) | Qualifications for applying for an examination for manager, the method and subjects of an examination for manager, an examination board, and other matters necessary for an examination for manager under paragraph (1) shall be prescribed by Presidential Decree. |
| (3) | Persons prescribed by Presidential Decree, such as fire-fighting engineers, may be exempted from some of the subjects for an examination for manager under paragraph (2). |
| (4) | The Administrator of the National Emergency Management Agency shall grant a certificate of fire-fighting system manager to a person who has passed an examination for manager under paragraph (1). |
| (5) | No manager shall lend a certificate of fire-fighting system manager received under paragraph (4) to any third person. |
| (6) | No manager shall be employed by two or more enterprises at the same time. |
| (7) | A qualified technical expert under Article 25 (1) and a manager registered as technical human resources of management business under Article 29 (2) shall conduct an in-house inspection sincerely. |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
| Article 26-2 (Sanctions on Cheating) |
When an applicant has cheated in an examination, the Administrator of the National Emergency Management Agency shall suspend or invalidate the examination and shall suspend his/her qualification to apply for an examination for two years from the date of such disposition.
[This Article Newly Inserted by Act No. 11037, Aug. 4, 2011]
| Article 27 (Grounds for Disqualification of Managers) |
Any person who falls under any of the following subparagraphs shall not be a manager:
| 1. | An incompetent or a quasi-incompetent; |
| 4. | A person in whose case two years have not passed since his/her qualification was revoked under Article 28. |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
| Article 28 (Revocation and Suspension of Qualification) |
When a manager falls under any of the following subparagraphs, the Administrator of the National Emergency Management Agency may revoke his/her qualification or order the suspension of such qualification for a fixed period of not less than six months but not more than two years, as prescribed by Ordinance of the Ministry of Public Administration and Security: Provided, That where he/she falls under subparagraph 1, 4, 5, or 7 the Administrator of the National Emergency Management Agency shall revoke his/her qualification:
| 1. | Where he/she has passed an examination by fraud or other wrongful means; |
| 2. | Where he/she has failed to conduct fire safety control under Article 20 (6) or has conducted it falsely; |
| 3. | Where he/she has failed to conduct an inspection under Article 25 or has conducted a false inspection; |
| 4. | Where he/she has lent a certificate of fire-fighting system manager to a third person, in violation of Article 26 (5); |
| 5. | Where he/she has been employed by two or more enterprises at the same time, in violation of Article 26 (6); |
| 6. | Where he/she has failed to conduct an in-house inspection sincerely, in violation of Article 26 (7); |
| 7. | Where he/she has fallen under the grounds for disqualification under any subparagraph of Article 27; |
| 8. | Where he/she has failed to file a report or submit data, or has filed a false report or submitted false data, in violation of orders under Article 46 (1); |
| 9. | Where he/she has refused, interfered with or avoided visits, inspections or investigations by the competent public official under Article 46 (1) without justifiable grounds. |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
SECTION 2 Fire-Fighting System Management Business
| Article 29 (Registration, etc. of Fire-Fighting System Management Business) |
| (1) | Any person who intends to conduct fire safety control business on behalf of another person or business of inspection, maintenance and supervision of fire-fighting systems or such under Article 20 shall registerfire-fighting system management business (hereinafter referred to as "management business") with the relevant Mayor/Do Governor. |
| (2) | Matters necessary for standards for registration of management business, such as technical human resources and equipment, under paragraph (1) shall be prescribed by Presidential Decree. |
| (3) | An application for registration and issuance of a certificate of registration or a registration pocketbook, an application for reissuance thereof and other matters necessary for registration of management business under paragraph (1) shall be prescribed by Ordinance of the Ministry of Public Administration and Security. |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
| Article 30 (Grounds for Disqualification of Registration) |
Any person who falls under any of the following subparagraphs shall not register management business:
| 1. | An incompetent or a quasi-incompetent; |
| 4. | A person in whose case two years have not passed since his/her registration of management business was revoked under Article 34 (1); |
| 5. | As a corporation, cases where its representative falls under any of subparagraphs 1 through 4. |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
| Article 31 (Reporting on Alteration of Matters Registered) |
When important matters prescribed by Ordinance of the Ministry of Public Administration and Security among the matters registered under Article 29, are altered, a management business owner shall file a report on such alterations with the relevant Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Public Administration and Security. [This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
| Article 32 (Succession to Status of Fire-Fighting System Management Business Owner) |
| (1) | Any of the following persons shall succeed to the status of a management business owner: |
| 1. | Where a management business owner dies, his/her successor; |
| 2. | Where a management business owner transfers his/her business, a person who has acquired business by transfer; |
| 3. | Where a corporate management business owner is merged, a corporation which survives the merger, or a corporation which is incorporated in the course of such merger. |
| (3) | Any person who has succeeded to the status of a management business owner under paragraph (1) or (2) shall file a report thereon with the relevant Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Public Administration and Security. |
| (4) | Article 30 shall apply mutatis mutandis to succession to the status under paragraph (1) or (2): Provided, That where a successor falls under any subparagraph of Article 30, this shall not apply for three months from the date he/she succeeds to the status. |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
| Article 33 (Operation of Management Business) |
| (1) | No management business owner shall lend a certificate of registration or a registration pocketbook of management business to any third person. |
| (2) | If a management business owner falls under any of the following subparagraphs, he/she shall promptly notify such act to an interested person of a specific fire-fighting object who has entrusted him/her with fire safety control under Article 20 or an inspection on fire-fighting systems or such under Article 25 (1): |
| 1. | Where he/she succeeds to the status of a management business owner under Article 32; |
| 2. | Where he/she is subjected to disposition of the revocation of registration or the suspension of business of management business under Article 34 (1); |
| 3. | Where he/she suspends or closes his/her business. |
| (3) | Where a management business owner conducts an in-house inspection under Article 25 (1), he/she shall conduct the in-house inspection in the presence of the manager. |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
| Article 33-2 (Evaluation and Public Announcement of Inspection Capability, etc.) |
| (1) | Where a management business owner applies, the Administrator of the National Emergency Management Agency may comprehensively evaluate and publicly announce the inspection capability of the relevant management business owner in order for interested person or a construction owner to select an appropriate management business owner. |
| (2) | Matters necessary for the method of evaluation and public announcement of inspection capability under paragraph (1), fees, etc. shall be prescribed by Ordinance of the Ministry of Public Administration and Security. |
| (3) | The Administrator of the National Emergency Management Agency may build up database on necessary matters, such as technical human resources, possession of equipment, inspection record, and record of administrative disposition in order to evaluate the inspection capability under paragraph (1). |
[This Article Newly Inserted by Act No. 11037, Aug. 4, 2011]
| Article 33-3 (Real-Name Inspection System) |
| (1) | Where a management business owner has completed an inspection of a fire-fighting system or such, he/she shall record matters related to the inspection, including the date and time of inspection, inspector, inspection company, etc. in the inspection record sheet and attach it to the specific fire-fighting object concerned. |
| (2) | Matters related to the inspection record sheet under paragraph (1) shall be prescribed by Ordinance of the Ministry of Public Administration and Security. |
[This Article Newly Inserted by Act No. 11037, Aug. 4, 2011]
| Article 34 (Revocation of Registration and Suspension of Business, etc.) |
| (1) | When a management business owner falls under any of the following subparagraphs, the relevant Mayor/Do Governor may revoke such registration or order him/her to correct it within, or suspend his/her business for, a fixed period not exceeding six months, as prescribed by Ordinance of the Ministry of Public Administration and Security: Provided, That when he/she falls under subparagraph 1, 4 or 7, such registration shall be revoked: |
| 1. | Where he/she has registered by fraud or other wrongful means; |
| 2. | Where he/she has failed to conduct an inspection under Article 25 (1) or has filed a false report on the results of inspection under paragraph (2) of the same Article; |
| 3. | Where he/she has failed to meet the standards for registration under Article 29 (2); |
| 4. | Where he/she has fallen under any groundfor disqualification referred to in the subparagraphs of Article 30; |
| 5. | Where he/she has failed to report any alteration of registered matters under Article 31, or has filed a false report; |
| 6. | Where he/she has failed to report his/her succession to the status of a business owner under Article 32 (3), or has filed a false report; |
| 7. | Where he/she has lent a certificate of registration or a registration pocketbook to a third person, in violation of Article 33 (1); |
| 8. | Where he/she has failed to notify an interested person of the succession to the status, etc. in violation of Article 33 (2), or has given a false notification; |
| 9. | Where he/she has failed to file a report or submit data in violation of orders issued under Article 46 (1), or has filed a false report or submitted false data; |
| 10. | Where he/she has refused, interfered with, or avoided visits, inspections or investigations by the relevant public officials under Article 46 (1) without justifiable grounds. |
| (2) | Where a successor who has succeeded to the status of a management business owner under Article 32 falls under the subparagraphs of Article 30, the provisions of paragraph (1) 4 shall not apply for six months from the date he/she commences succession. |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
| Article 35 (Disposition of Penalty Surcharges) |
| (1) | As cases where a Mayor/Do Governor orders the suspension of business under Article 19 (1) or 34 (1), when it is apprehended that such suspension of business may cause serious inconvenience to the people or be detrimental to the public interest, the Mayor/Do Governor may impose a penalty surcharge in an amount not exceeding 30 million won in lieu of disposition of the suspension of business. |
| (2) | An amount of penalty surcharge according to classification, degree or such of an offense on which a penalty surcharge under paragraph (1) is imposed, and other necessary matters shall be prescribed by Ordinance of the Ministry of Public Administration and Security. |
| (3) | When a person liable to pay a penalty surcharge under paragraph (1) has failed to pay it by the deadline for payment, the relevant Mayor/Do Governor shall collect it in the same manner as delinquent local taxes are collected. |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
CHAPTER VI QUALITY CONTROL OF FIRE-FIGHTING APPLIANCES
| Article 36 (Type-Approval of Fire-Fighting Appliances, etc.) |
| (1) | Any person who intends to manufacture or import fire-fighting appliances prescribed by Presidential Decree shall obtain type approval from the Administrator of the National Emergency Management Agency. |
| (2) | Any person who intends to obtain type approval under paragraph (1) shall undergo an examination from the Administrator of the National Emergency Management Agency after being equipped with testing facilities for type approval according to the standards prescribed by Ordinance of the Ministry of Public Administration and Security. |
| (3) | Any person who has obtained type approval under paragraphs (1) and (2) shall undergo a product inspection on the relevant fire-fighting appliance from the Administrator of the National Emergency Management Agency. |
| (4) | Matters concerning methods and procedures or such of type approval under paragraph (1), and classification, methods, formalities and marking of passing or such of a product inspection under paragraph (3) shall be prescribed by Ordinance of the Ministry of Public Administration and Security. |
| (5) | Matters concerning technical standards or such of type approval and a product inspection on shape, structure, material, components, performance or such (hereafter referred to in this Article as "shape or such") of fire-fighting appliances shall be determined and announced by the Administrator of the National Emergency Management Agency. |
| (6) | No one shall sell the following fire-fighting appliances or display them for the purpose of sale, or use them for fire-fighting system installation works: |
| 1. | Fire-fighting appliances which are not type-approved; |
| 2. | Fire-fighting appliances, shape or such of which has been altered arbitrarily; |
| 3. | Fire-fighting appliances which have failed to pass a product inspection or which have no passing label. |
| (7) | The Administrator of the National Emergency Management Agency may order a manufacturer, importer, seller or installer of fire-fighting appliances which have violated paragraph (6) to take necessary measures prescribed by Ordinance of the Ministry of Public Administration and Security, such as collection, disuse, or replacement. |
| (8) | In the case of new technology products of which working functions, the method of manufacture, parts or such are not in conformity with the technical standards for type approval and a product inspection publicly announced by the Administrator of the National Emergency Management Agency under paragraph (5), the Administrator of the National Emergency Management Agency may, after evaluation of relevant experts, grant type approval by methods and procedures that are different from those referred to in paragraph (4), as prescribed by Ordinance of the Ministry of Public Administration and Security. New technology products recognized by an authorized foreign agency may be type-approved following a partial test for type approval. |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
| Article 37 (Alteration of Type Approval) |
| (1) | Where any person who intends to alter the terms of type approval under Article 36 (1) or matters prescribed by Ordinance of the Ministry of Public Administration and Security, he/she shall obtain approval for alteration from the Administrator of the National Emergency Management Agency. |
| (2) | Matters necessary for objects, classification, methods and formalities or such of approval for alteration under paragraph (1) shall be prescribed by Ordinance of the Ministry of Public Administration and Security. |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
| Article 38 (Revocation, etc. of Type Approval) |
| (1) | Where any person who has obtained type approval or a product inspection of fire-fighting appliances falls under any of the following subparagraphs, the Administrator of the National Emergency Management Agency may revoke such type approval or order the suspension of product inspection for a fixed period not exceeding six months, as prescribed by Ordinance of the Ministry of Public Administration and Security: Provided, That where he/she falls under subparagraph 1, 3 or 7, the Administrator of the National Emergency Management Agency shall revoke type approval: |
| 1. | Where he/she has obtained type approval under Article 36 (1) by fraud or other wrongful means; |
| 2. | Where his/her testing facilities fail to meet the standards for testing facilities under Article 36 (2); |
| 3. | Where he/she has obtained a product inspection under Article 36 (3) by fraud or other wrongful means; |
| 4. | Where he/she fails to meet the technical standards under Article 36 (5) when undergoing a product inspection; |
| 5. | Where he/she has sold or displayed the non-type-approved fire-fighting appliances, or used themfor fire-fighting system installation works, in violation of Article 36 (6); |
| 6. | Where he/she has violated an order issued under Article 36 (7); |
| 7. | Where he/she has failed to obtain approval for alteration under Article 37, or has obtained approval for alteration by fraud or other wrongful means; |
| 8. | Where he/she has failed to file a report or submit data in violation of orders issued under Article 46 (1), or has filed a false report or submitted false data; |
| 9. | Where he/she has refused, interfered with, or avoided visits, inspections or investigations by the relevant public officials under Article 46 (1) without justifiable grounds. |
| (2) | No person whose type approval of fire-fighting appliances has been revoked under paragraph (1) shall obtain type approval of the same item, within two years from the date of such revocation. |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
| Article 39 (Performance Certification, etc. of Fire-Fighting Appliances) |
| (1) | Upon receipt of a request from a manufacturer or an importer, the Administrator of the National Emergency Management Agency may certify the performance of fire-fighting appliances. |
| (2) | A person who has obtained performance certification under paragraph (1) shall undergo a product inspection for the relevant fire-fighting appliances from the Administrator of the National Emergency Management Agency. |
| (3) | Matters necessary for classification, objects, procedures,methods,certification marks and fees or such of performance certification under paragraph (1) and of product inspections under paragraph (2) shall be prescribed by Ordinance of the Ministry of Public Administration and Security. |
| (4) | Matters concerning technical standards, etc. for performance certification under paragraph (1) and for product inspections under paragraph (2) shall be prescribed and announced by Ordinance of the Ministry of Public Administration and Security. |
| (5) | Where any fire-fighting appliance has failed to obtain performance certification under paragraph (1) or pass a product inspection under paragraph (2), a mark of performance certification or product inspection shall not be indicated thereon. |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
| Article 40 (Certification on Excellent Quality Products) |
| (1) | The Administrator of the National Emergency Management Agency may grant excellent quality certification on fire-fighting appliances, the quality of which is recognized as excellent. |
| (2) | Affairs concerning excellent quality certification under paragraph (1), such as appraisal of the quality control of products, marks of excellent quality certification, and fees, and other matters necessary for certification of the excellent quality shall be prescribed by Ordinance of the Ministry of Public Administration and Security. |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
| Article 40-2 (Collection and Inspection of Fire-Fighting Appliances, etc.) |
| (1) | The Administrator of the National Emergency Management Agency may collect and inspect fire-fighting appliances which are distributed in the market if deemed necessary to control the quality of fire-fighting appliances. |
| (2) | With respect to fire-fighting appliances that are acknowledged as having material defects as a result of an inspection under paragraph (1), the Administrator of the National Emergency Management Agency may order its manufacturer and importer to recover, exchange and discard the relevant fire-fighting appliances and may revoke their type approval or performance certification. |
| (3) | When the Administrator of the National Emergency Management Agency orders recovery, exchange, and discard, or revokes type approval or performance certification under paragraph (2), he/she may publish such fact on the website of the National Emergency Management Agency, etc. as prescribed by Ordinance of the Ministry of Public Administration and Security. |
[This Article Newly Inserted by Act No. 11037, Aug. 4, 2011]
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 41 (Education to Fire Safety Controller, etc.) |
| (1) | Any of the following persons shall take a training course or receive in-service training conducted by the Administrator of the National Emergency Management Agency as prescribed by Ordinance of the Ministry of Public Administration and Security for the fire prevention and optimization of safety supervision, the dissemination of new technologies and improvement of safety awareness: |
| 1. | A fire safety controller designated under Article 20 (2); |
| 2. | A person who conducts fire safety control on behalf of another person and a person who supervises a person who conducts fire safety control on behalf of another person under Article 20 (3); |
| 3. | A person prescribed by Presidential Decree who intends to obtain recognition of his/her qualification for fire safety controller. |
| (2) | Where a fire safety controller or a proxy of fire safety control under paragraph (1) 1 or 2 has failed to receive designated training, the head of a fire defense headquarters or the head of a fire station may restrict conducting fire safety control under Article 20, as prescribed by Ordinance of the Ministry of Public Administration and Security, until he/she receives designated training. |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
| Article 42 (Designation, etc. of Specialized Product Inspection Institutions) |
| (1) | The Administrator of the National Emergency Management Agency may designate institutions that specialize in product inspections as specialized product inspection institutions (hereinafter referred to as "specialized institutions") in order to have product inspections under Articles 36 (3) and 39 (2) be conducted professionally and efficiently. |
| (2) | Matters necessary for the methods, procedures, standards, etc. for designation of specialized institutions shall be prescribed by Ordinance of the Ministry of Public Administration and Security. |
| (3) | Where the Administrator of the National Emergency Management Agency designates a specialized institution under paragraph (1), he/she may attach necessary conditions, including sharing costs for quality improvement of fire-fighting appliances and technology development for product inspection. In such cases, such conditions shall be limited to the minimum required for promotion of public interests and any unfair obligation may not be imposed. |
| (4) | Specialized institutions shall submit implementation status reports on product inspections to the Administrator of the National Emergency Management Agency, as prescribed by Ordinance of the Ministry of Public Administration and Security. |
| (5) | Where the Administrator of the National Emergency Management Agency has designated a specialized institution, he/she may evaluate product inspections by the specialized institution, as prescribed by Ordinance of the Ministry of Public Administration and Security, and may conduct a confirmation inspection on fire-fighting appliances that have received a product inspection. |
| (6) | When the Administrator of the National Emergency Management Agency evaluates a specialized institution or conducts a confirmation inspection under paragraph (5), he/she may publish the evaluation results or the confirmation inspection results, as prescribed by Ordinance of the Ministry of Public Administration and Security. |
| (7) | When the Administrator of the National Emergency Management Agency conducts a confirmation inspection under paragraph (5), he/she may require a specialized institution to pay the cost incurred in a confirmation inspection, as prescribed by Ordinance of the Ministry of Public Administration and Security. |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
| Article 43 (Revocation, etc. of Designation of Specialized Institutions) |
Where a specialized institution falls under any of the following subparagraphs, the Administrator of the National Management Agency may revoke such designation or order the suspension of such business for a fixed period not exceeding six months: Provided, That where it falls under subparagraph 1, such designation shall be revoked:
| 1. | Where it has been designated by fraud or other wrongful means; |
| 2. | Where it has failed to conduct the designated affairs, such as a product inspection or in-service training, for not less than one year without justifiable grounds; |
| 3. | Where it is not in conformity with the standards for designation under Article 42 (2) or it has violated the conditions under Article 42 (3); |
| 4. | Where it is deemed inappropriate to conduct affairs of a specialized institution because it violated this Act or other Acts and subordinate statutes as a result of the supervision under Article 46 (1) 7. |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
Where the Administrator of the National Emergency Management Agency or the relevant Mayor/Do Governor intends to take any of the following measures, he/she shall hold a hearing:
| 1. | Revocation of qualification for a manager under Article 28; |
| 2. | Revocation of registration of management business under Article 34 (1); |
| 3. | Revocation of type approval of fire-fighting appliances under Article 38; |
| 4. | Revocation of the designation of a specialized institution under Article 43. |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
| Article 45 (Delegation, Entrustment, etc. of Authority) |
| (1) | Part of the authority of the Administrator of the National Emergency Management Agency or a Mayor/Do Governor under this Act may be delegated to the relevant Mayor/Do Governor, the head of a fire defense headquarters or the head of a fire station, as prescribed by Presidential Decree. |
| (2) | The affairs of the Administrator of the National Emergency Management Agency that fall under any of the following subparagraphs may be entrusted to the Korea Institute of Fire Industry and Technology (hereinafter referred to as the "Institute of Technology") under Article 14 of the Fire-Fighting Industry Promotion Act. In such cases, the Administrator of the National Emergency Management Agency may subsidize some of expenses incurred in technical development, research or such on fire-fighting systems and fire-fighting appliances to the Institute of Technology. |
| 1. | A test prescribed by Presidential Decree among flame retardation performance tests under Article 13; |
| 2. | Type approval of fire-fighting appliances under Article 36 (1), (2) and (8); |
| 4. | Performance certification under Article 39 (1); |
| 5. | Excellent quality certification under Article 40. |
| (4) | The Administrator of the National Emergency Management Agency may entrust the Institute of Technology or any specialized institution with affairs concerning product inspectionsunder Articles 36 (3) and 39 (2). |
| (5) | Matters necessary for the standards of facilities or such, which the Association, the Institute of Technology and specialized institutions conducting affairs entrusted under paragraphs (2) through (4) should be provided with, shall be prescribed by Ordinance of the Ministry of Public Administration and Security. |
| (6) | The Administrator of the National Emergency Management Agency may entrust a corporation or an entity that are related to fire-fighting technology with evaluation and public announcement of inspection capability under Article 33-2 (1) and building-up of database under paragraph (3) of the same Article as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
| Article 45-2 (Legal Fiction as Public Official in Application of Penal Provisions) |
Experts who participate in a special fire safety inspection under Article 4-2 (1), and executives and employees who are in charge of the affairs entrusted to the Association, the Institute of Technology, specialized institutions, corporations, or entities under Article 45 (2) through (6), shall be deemed public officials for the purpose of penal provisions pursuant to Articles 129 through 132 of the Criminal Act. [This Article Newly Inserted by Act No. 11037, Aug. 4, 2011]
| (1) | When necessary for supervising any of the following persons, enterprises or fire-fighting objects or such, the Administrator of the National Emergency Management Agency, a Mayor/Do Governor, the head of a fire defense headquarters or the head of a fire station may order any relevant person to file a necessary report or submit data, and have the competent public official visit any fire-fighting object, establishment, office or place of business to inspect related documents, facilities and products or such, or to question relevant persons: |
| 1. | A flame retardation business owner under Article 14 (1) or a management business owner under Article 29 (1); |
| 2. | A specific fire-fighting object on which a management business owner has conducted an inspection under Article 25; |
| 4. | A person who has obtained type approval of fire-fighting appliance, a product inspection, and an examination of testing facilities under Article 36 (1) through (3); |
| 5. | A person who has obtained approval for alteration under Article 37 (1); |
| 6. | A person who has received a performance certification and a product inspection under Article 39 (1) and (2); |
| 7. | A specialized institution designated under Article 42 (1); |
| 8. | A person who sells fire-fighting appliances. |
| (2) | The competent public official who makes a visit and conducts an inspection under paragraph (1) shall carry a certificate indicating his/her authority and produce it to relevant persons. |
| (3) | The competent public official who makes a visit and conducts an inspection under paragraph (1) shall not interfere with legitimate business practices of interested persons or divulge any confidential information learned in the course of visits and inspections to others. |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
Any person who falls under any of the following subparagraphs shall pay fees or educational expenses, as prescribed by Ordinance of the Ministry of Public Administration and Security:
| 1. | A person who intends to receive a flame retardation performance test under Article 13; |
| 2. | A person who intends to register flame retardation business under Article 14 (1) or intends to apply for alteration of matters registered under Article 16; |
| 3. | A person who intends to have a certificate of registration or a registration pocketbook of flame retardation business reissued under Article 14 (3); |
| 4. | A person who intends to file a report on succession to the status of a flame retardation business owner under Article 17 (3); |
| 5. | A person who intends to apply for an examination for manager under Article 26 (1); |
| 6. | A person who intends to register management business under Article 29 (1) or intends to apply for alteration of matters registered under Article 31; |
| 7. | A person who intends to have a certificate of registration or a registration pocketbook of management business reissued under Article 29 (3); |
| 8. | A person who intends to file a report on succession to the status of a management business owner under Article 32 (3); |
| 9. | A person who intends to obtain type approval of fire-fighting appliance, an examination of testing facilities and a product inspection under Articles 36 (1) through (3), approval for alteration of an approved type under Article 37 (1), a performance certification and a product inspection under Article 39 (1) and (2), or excellent quality certification under Article 40 (1); |
| 10. | A person who intends to take a training course or receive in-service training under Article 41; |
| 11. | A person who intends to be designated as a specialized institution under Article 42. |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
CHAPTER VIII PENAL PROVISIONS
| Article 48 (Penal Provisions) |
Any person who does acts, such as closing or intercepting a fire-fighting system or such, in violation of the textof Article 9 (3) shall be punished by imprisonment for not more than five years or by a fine not exceeding 30 million won. [This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
| Article 48-2 (Penal Provisions) |
Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than three years or by a fine not exceeding 15 million won:
| 1. | A person who violates orders issued under Articles 9 (2), 10 (2), 12 (2) or 36 (7) without justifiable grounds; |
| 2. | A person who conducts flame retardation business or management business without having registered such business, in violation of Article 14 (1) or 29 (1); |
| 3. | A person who manufactures or imports fire-fighting appliances without having obtained type approval, in violation of Article 36 (1) and (2); |
| 4. | A person who fails to receive a product inspection, in violation of Article 36 (3); |
| 5. | A person who sells fire-fighting appliances falling under the subparagraphs of Article 36 (6), displays themor uses them for fire-fighting system installation works, in violation of the same paragraph; |
| 6. | A person who is designated as aspecialized institution under Article 42 (1) by fraud or other wrongful means. |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
| Article 49 (Penal Provisions) |
Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than one year or by a fine not exceeding ten million won:
| 1. | A person who violates an order to take measures which was issued according to the result of a special fire safety inspection under Article 5 without justifiable grounds; |
| 2. | A person who lends his/her certificate of registration or registration pocketbook of flame retardation business or management business to a third person, in violation of Article 18 (1) or 33 (1); |
| 3. | A person who conducts flame retardation business or management business during the period of suspension of business by disposition of the suspension of business, in violation of Article 19 (1) or 34 (1); |
| 4. | A person who fails to conduct an in-house inspection on fire-fighting systems or such, or to have a management business owner or such conduct a regular inspection on them, in violation of Article 25 (1); |
| 5. | A person who lends his/her certificate of fire-fighting system manager to a third person, in violation of Article 26 (5) or is employed by two or more enterprises at the same time in violation of paragraph (6) of the same Article; |
| 6. | A person who fails to obtain approval for alteration of an approved type, in violation of Article 37 (1). |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
| Article 50 (Penal Provisions) |
Any person who falls under any of the following subparagraphs shall be punished by a fine not exceeding three million won:
| 1. | A person who refuses, interferes with or evades a special fire safety inspection under Article 4 (1) without justifiable grounds. |
| 2. | A person who interferes with legitimate business practices of an interested person; provides or divulges any confidential information learned in the course of conducting an investigation or inspection, or uses such information for other purposes, in violation of Article 4-4 (2) or 46 (3); |
| 3. | A person who indicatesa mark of certification on goods which have failed to pass a flame retardation test or uses a mark of certification by forgery or falsification, in violation of Article 13; |
| 4. | A person who submits a false sample, in violation of Article 13 (2); |
| 5. | A person who fails to designate a fire safety controller, in violation of Article 20 (2) or 21; |
| 6. | A fire safety controller who fails to demand that necessary measures should be taken, notwithstanding that he/she has discovered a fire-fighting system, escape facility, fire prevention facility, or fire compartment has violated Acts and subordinate statutes, in violation of Article 20 (8); |
| 7. | An interested person who treats a fire safety controller unfavorably, in violation of Article 20 (9); |
| 8. | A person who prepares a false inspection record sheet in violation of Article 33-3 (1), or fails to attach it to the relevant specific fire-fighting object; |
| 9. | A person who indicates a mark of certification ongoodswhich have failed to pass a product inspection under Article 36 (3) or uses a mark of certificate by forgery or falsification; or a person who indicates a mark of certification or a mark of performance certification on goods which have failed to pass a product inspection or obtain performance certification, in violation of Article 39 (5), or uses a mark of certification or a mark of performance certification by forgery or falsification; |
| 10. | A person who indicates a mark of excellent quality certification on goods which have failed to receive excellent quality certification under Article 40 (1) or uses a mark of excellent quality certification by forgery or falsification. |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
| Article 51 Deleted.<by Act No. 11037, Aug. 4, 2011> |
| Article 52 (Joint Penal Provisions) |
If the representative of a corporation, or an agent, employee or other servant of a corporation or individual commits an offence falling under the subparagraphs of Articles 48 through 51 in connection with the business of the corporation or individual, not only shall such offender be punished but such corporation or individual shall also be punished by a fine referred to in the relevant provisions: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business to prevent such offence. [This Article Wholly Amended by Act No. 9199, Dec. 26, 2008]
| Article 53 (Fines for Negligence) |
| (1) | Any person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding two million won: |
| 2. | A person who does acts, such as closing, destroying or changing of escape facilities, fire compartments or fire prevention facilities, in violation of Article 10 (1); |
| 3. | A person who fails to file a report under Article 16, 17 (3), 20 (4), 31 or 32 (3) or files a false report; |
| 4. | A person who conducts flame retardation treatment below the standards of flame retardation performance, in violation of Article 18 (4); |
| 5. | A person who fails to conduct fire safety control, in violation of Article 20 (1); |
| 6. | An interested person of a specific fire-fighting object or a fire safety controller of an object of fire safety control who fails to conduct fire safety control under Article 20 (6); |
| 7. | A person who fails to conduct direction and supervision, in violation of Article 20 (7); |
| 8. | A person who fails to hold a fire drill and provide training, in violation of Article 22 (1); |
| 9. | A person who fails to conduct fire safety control, in violation of Article 24 (1); |
| 10. | A person who fails to file a report on the results of inspection on fire-fighting systems or such, in violation of Article 25 (2), or files a false report; |
| 11. | A management business owner who fails to notify an interested person of a specific fire-fighting object of succession to the status, administrative disposition or suspension or closure of business, in violation of Article 33 (2), or notifies falsely; |
| 12. | A person who conducts an in-house inspection without the presence of a manager, in violation of Article 33 (3); |
| 13. | A person who fails to file a report or submit data in violation of an order under Article 46 (1) or files a false report or submits false data; or who refuses, interferes with, or avoids visits, investigations or inspections by the competent public officials without justifiable grounds. |
| (2) | Fines for negligence under paragraph (1) shall be imposed and collected by the competent Mayor/Do Governor, the head of the competent fire defense headquarters or the head of the competent fire station as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11037, Aug. 4, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Disposition under Previous Fire Services Act)
Acts done by or against administrative agencies under the provisions corresponding to this Act in the previous Fire Services Act as at the time this Acts enters into force shall be deemed acts done by or against administrative agencies under this Act corresponding thereto. Article 3 (Transitional Measures concerning Installation, Maintenance and Supervision of Fire-Fighting Systems)
Fire-fighting systems or such installed, maintained and supervised in conformity with the previous Fire Services Act as at the time this Act enters into force shall be deemed fire-fighting systems or such in conformity with the provision of Article 9 (1): Provided, That in the case of fire-fighting systems or such in an underground duct, fire-fighting systems or such in conformity with the fire safety standards under Article 9 (1) shall be installed, maintained and supervised. Article 4 (Transitional Measures concerning Reasons for Disqualification of Fire-Fighting System Manager)
A fire-fighting system manager who was sentenced to imprisonment without prison labor or heavier punishment, or the suspension of the execution under the previous Fire Services Act due to any act done before this Act enters into force shall, notwithstanding subparagraph 3 or 4 of Article 27, be deemed a person who was sentenced to imprisonment without prison labor or heavier punishment, or the suspension of the execution under the corresponding Act referred to in subparagraph 3 or 4 of the same Article. Article 5 (Transitional Measures concerning Fire-Fighting System Maintenance Business)
A fire-fighting system maintenance business registered under the previous Fire Services Act as at the time this Act enters into force shall be deemed a management business registered under this Act. Article 6 (Transitional Measures concerning Reasons for Disqualification of Fire-Fighting System Maintenance Business Owner)
A fire-fighting systems maintenance business owner who was sentenced to imprisonment without prison labor or heavier punishment, or the suspension of the execution under the previous Fire Services Act due to any act before this Act enters into force shall, notwithstanding subparagraph 3 or 4 of Article 30, be deemed a person who was sentenced to imprisonment without prison labor or heavier punishment, or the suspension of the execution under the relevant Act referred to in subparagraph 3 or 4 of the same Article. Article 7 (Transitional Measures concerning Administrative Disposition)
The previous Fire Services Act shall apply to administrative disposition imposed on any act before this Act enters into force. Article 8 (Relationship with other Acts and Subordinate Statutes)
Where the provisions of the previous Fire Services Act have been cited by other Acts and subordinate statutes as at the time this Act enters into force, when any provisions of this Act correspond thereto, the corresponding provisions in this Act shall be deemed cited in lieu of the previous provisions.
ADDENDA<Act No. 7428, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM<Act No. 7661, Aug. 4, 2005>
This Act shall enter into force one year after the date of its promulgation.
ADDENDUM<Act No. 7903, Mar. 24, 2006>
This Act shall enter into force one year after the date of its promulgation.
ADDENDA<Act No. 7906, Mar. 24, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM<Act No. 7983, Sep. 22, 2006>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA<Act No. 8974, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDUM<Act No. 9093, Jun. 5, 2008>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA<Act No. 9094, Jun. 5, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM<Act No. 9199, Dec. 26, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 10219, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 12 Omitted.
ADDENDA<Act No. 10250, Apr. 12, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA<Act No. 11037, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Installation of Fire Extinguisher and Stand-Alone Fire Alarm Detector in Houses)
The amended Article 8 shall apply starting from the first case of construction, enlargement, remodeling, reconstruction, relocation, and repair on a large scale of a house after this Act enters into force: Provided, That as to a house having existed since before this Act enters into force, such amended provisions shall apply five years after this Act enters into force. Article 3 (Applicability to Seismic Design Standards)
The amended Article 9-2 shall apply starting from the fire-fighting system newly installed in the first specific fire-fighting object of which construction, remodeling, enlargement, reconstruction, repair on a large scale, or change of zone is applied for, or is reported on, after this Act enters into force. Article 4 (Applicability to Fire-Fighting System Standards)
The amended Article 11 (1) 3 shall apply starting from the Presidential Decree or the fire safety standard which is amended and enters into force after this Act enters into force. Article 5 (Transitional Measures concerning Penal Provisions)
For the purpose of the application of penal provisions, any act done before this Act enters into force shall be governed by the former penal provisions.
Article 6 Omitted.