CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to provide for basic matters concerning the management of fire equipment for efficient performance of fire service, thereby contributing to improving the quality of fire service and further ensuring public safety.
The definitions of the terms used in this Act shall be as follows:
| 1. | The term “fire equipment” means mobility equipment, fire extinguishing equipment, rescue equipment, emergency medical services equipment, protection equipment, telecommunications equipment, measurement equipment and auxiliary equipment for effective performance of fire services; |
| 3. | The term “fire service agency” means institutions performing fire service such as the National Fire Service Academy, the National 119 Rescue Headquarters, fire-fighting headquarters, fire stations, local fire service academies, 119 Safety Center, 119 Rescue Units, 119 Rescue and Emergency Center, air rescue and emergency squads, fire-fighting fleets, 119 community units and fire service experience halls; |
| 4. | The term “management” means inspection, maintenance and any other acts to demonstrate the original performance of fire equipment anytime in its life cycle from planning the purchase of fire equipment to making a decision on disuse, discarding and transferring such equipment to secure safety of fire equipment and ensure its efficient use; |
| 5. | The term “operation” means safely using fire equipment for its function and purpose; |
| 6. | The term “service life” means economic service life of fire equipment presumed for smooth performance of fire services without any hindrance to the operation of fire equipment; |
| 7. | The term “operator of fire equipment” means a fire official, obligatory fire fighter and voluntary fire fighter who engages directly in the operation of fire equipment. |
| Article 3 (Relationship to Other Statutes) |
With respect to the management of fire equipment, this Act shall prevail over other relevant statutes.
CHAPTER II ESTABLISHMENT OF MASTER PLAN ON MANAGEMENT OF FIRE EQUIPMENT
| Article 4 (Establishment of Master Plan on Management of Fire Equipment) |
| (1) | The Fire Commissioner of the National Fire Agency shall formulate and implement a master plan on the management of fire equipment (hereinafter referred to as “master plan”) every five years in accordance with comprehensive plans for fire service pursuant to Article 6 of the Framework Act on Fire-Fighting Services for effective performance of affairs concerning the management of fire equipment. |
| (2) | The master plan shall include any of the following: |
| 1. | Mid- and long-term policy goals and directions for the management of fire equipment; |
| 2. | Establishment and improvement of systems for the management of fire equipment; |
| 3. | Promotion plans related to the management and operation of fire equipment; |
| 4. | Promotion of technological innovation and practical utilization of fire equipment; |
| 5. | Securement of financial sources for appropriate management of fire equipment; |
| 6. | Other matters necessary for the management of fire equipment. |
| (3) | The Fire Commissioner of the National Fire Agency shall formulate and implement an annual action plan for the management of fire equipment (hereinafter referred to as “action plan”) to efficiently pursue a master plan. |
| (4) | When formulating a master plan and action plan, the Fire Commissioner of the National Fire Agency shall interconnect the master plan and action plan with any of the following plans: |
| (5) | When formulating a master plan and action plan, the Fire Commissioner of the National Fire Agency shall finalize the plans in consultation with the head of the relevant central administrative agency, the Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-Governing City Mayor, Do Governors, or Special Self-Governing Province Governor (hereinafter referred to as “Mayor/Do Governor”) and submit the plans to the competent standing committee of the National Assembly. The same shall apply to where the Fire Commissioner revises the important matters prescribed by Presidential Decree in the formulated master plan and action plan. |
| (6) | Matters necessary for the formulation of a master plans and action plan shall be prescribed by Presidential Decree. |
| Article 5 (Establishment of City/Do Plan on Management of Fire Equipment) |
| (1) | The Mayor/Do Governor shall formulate and implement a City/Do plan on the management of fire equipment (hereinafter referred to as “City/Do management plan”) every five years in accordance with the master plan, considering the fire service environment of the concerned Special Metropolitan City, Metropolitan Cities, Special Self-Governing City, Do, or Special Self-Governing Province (hereinafter referred to as “City/ Do”). |
| (2) | The City/Do management plan shall include any of the following: |
| 1. | Goals of the management of fire equipment for each City/Do; |
| 2. | Current status of fire equipment and analysis of fire service environment for each City/Do; |
| 3. | Matters concerning the management and operation of fire equipment for each City/Do; |
| 4. | Joint use of fire equipment and cooperation among Cities/Dos; |
| 5. | Securement of financial resources necessary for the procurement and management of fire equipment; |
| 6. | Other matters necessary for the management of fire equipment for each City/Do. |
| (3) | The Mayor/Do Governor shall formulate and implement an annual City/Do action plan on the management of fire equipment (hereinafter referred to as “City/Do action plan”) to efficiently promote a City/Do management plan. |
| (4) | The Mayor/Do Governor shall submit the implementation records of City/Do action plan of the previous year and the implementation plan on City/Do action plan of the concerned year to the Fire Commissioner of the National Fire Agency. |
| (5) | Matters concerning procedures, etc. for a City/Do management plan and City/Do action plan shall be prescribed by Presidential Decree. |
| Article 6 (Expansion of Financial Resources for Management of Fire Equipment) |
The Fire Commissioner of the National Fire Agency and the Mayor/Do Governor shall prepare measures for constant and stable securement of financial resources ne
cessary for effective promotion of a master plan, action plan, City/Do management plan and City/Do action plan.
| Article 7 (Fact-Finding Survey) |
| (1) | The Fire Commissioner of the National Fire Agency shall investigate into the actual status on the management of fire equipment to formulate and implement a master plan and action plan. |
| (2) | The Fire Commissioner of the National Fire Agency may require the head of a fire service agency, manufacturer and importer of fire equipment or head of institution relevant to the management of fire equipment to submit necessary data. In such cases, the person required to submit the data shall comply with the request unless there is good reason. |
| (3) | Matters concerning the scope and methods of the fact-finding survey pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
CHAPTER III CLASSIFICATION AND STANDARDIZATION OF FIRE EQUIPMENT
| Article 8 (Classification) |
| (1) | The Fire Commissioner of the National Fire Agency shall classify fire equipment in accordance with purpose and function for efficient and appropriate management thereof. |
| (2) | Matters necessary for the classification of fire equipment shall be prescribed by Presidential Decree. |
| Article 9 (Listing of Fire Equipment) |
| (1) | Where fire equipment that a fire service agency has or intends to acquire is not included in the commodity list under subparagraph 2 of Article 2 of the Act on the Management and Use of Information on Commodity Lists, the head of the fire service agency shall notify the Fire Commissioner of the Public Procurement Service of necessary data for listing the concerned fire equipment in the commodity list and require the listing, as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (2) | When listing of fire equipment pursuant to the request under paragraph (1) is completed, the head of a fire service agency shall notify the outcome to the Fire Commissioner of the National Fire Agency. |
| Article 10 (Standardization of Fire Equipment) |
| (1) | Standard specifications of fire equipment shall comply with the standards where Korean Industrial Standards are established pursuant to the Industrial Standardization Act or there exist standards decided by the relevant domestic or international institutions or organization designated by the Fire Commissioner of the National Fire Agency: Provided, That standard specifications of fire equipment used only by fire service agencies or required for special performance in order for efficient performance of fire services (hereinafter referred to as “standard specifications”) shall be established by the Fire Commissioner of the National Fire Agency. |
| (2) | The type of fire equipment whose standard specifications are to be established pursuant to the proviso of paragraph (1) shall be decided and publicly notified by the Fire Commissioner of the National Fire Agency. |
| (3) | Where the Fire Commissioner of the National Fire Agency establishes, revises or abolishes standard specifications, he or she shall submit the written specification to the Administrator of the Public Procurement Service without delay and notify the Mayor/Do Governor of the fact. |
| (4) | The Fire Commissioner of the National Fire Agency may designate an institution to entrust matters concerning the establishment, etc. of standard specifications, in consideration of expertise and efficiency of standards for fire equipment. In such cases, the Fire Commissioner of the National Fire Agency may provide financial support for the establishment, etc. of standard specifications. |
| (5) | Other matters necessary for the standardization of fire equipment shall be prescribed by Presidential Decree. |
| Article 11 (Painting and Marking of Fire Equipment) |
| (1) | Painting and marking of fire equipment shall be decided by the Fire Commissioner of the National Fire Agency: Provided, That painting and marking of fire equipment not decided by the Fire Commissioner of the National Fire Agency shall be decided by the Mayor/Do Governor. |
| (2) | A person who is not a public official belonging to fire service agencies and affiliated institutions shall not paint or mark fire equipment pursuant to paragraph (1) or put similar painting or marking on fire equipment. |
CHAPTER IV CERTIFICATION OF FIRE EQUIPMENT
| Article 12 (Certification of Fire Equipment) |
| (1) | The Fire Commissioner of the National Fire Agency may certify fire equipment prescribed by Presidential Decree (hereinafter referred to as “fire equipment subject to certification”) to expand quality fire equipment and improve the quality of fire equipment. |
| (2) | A manufacturer or seller of fire equipment who intends to obtain certification shall apply for certification to a certification institution designated pursuant to Article 14 (1). |
| (3) | Criteria, procedures, methods and effective period of certification for fire equipment and other matters necessary for the operation of a fire equipment certification program shall be prescribed by Presidential Decree. |
| Article 13 (Cancellation of Certification of Fire Equipment) |
| (1) | Where a manufacturer or seller of certified fire equipment falls under any of the following, the head of a certification institution pursuant to Article 14 (1) may cancel the certification of such fire equipment: Provided, That where the manufacturer or seller thereof falls under subparagraph 1, the head of the certification institution shall cancel the certification thereof: |
| 1. | Where fire equipment is certified by fraud or other improper means; |
| 2. | Where fire equipment is not suitable for certification criteria under Article 12 (3). |
| (2) | Where certification is cancelled in accordance with paragraph (1), the head of a certification institution shall notify the Fire Commissioner of the National Fire Agency and the Mayor/Do Governor of the fact and publicly announce the fact, as prescribed by Presidential Decree. |
| Article 14 (Designation of Certification Institution) |
| (1) | The Fire Commissioner of the National Fire Agency may designate a person with requirements prescribed by Presidential Decree such as human resources and equipment, etc. for the certification of fire equipment as a certification institution (hereinafter referred to as “certification institution”) to allow for the certification of fire equipment. |
| (2) | A person who intends to be designated as certification institution shall apply for designation as certification institution to the Fire Commissioner of the National Fire Agency, as prescribed by Ordinance of the Ministry of the Interior and Safety: Provided, That a person whose designation as certification institution has been cancelled pursuant to paragraph (6) and two years have not passed since the cancellation may not apply for designation thereof. |
| (3) | The Fire Commissioner of the National Fire Agency may subsidize a certification institution with expenses for providing services for certification within the budget. |
| (4) | A certification institution shall prepare and keep records of certification, as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (5) | The Fire Commissioner of the National Fire Agency may guide, supervise, and assist a certification institution within the extent necessary for securing the performance and safety of fire equipment, as prescribed by Presidential Decree. |
| (6) | Where a certification institution falls under any of the following, the Fire Commissioner of the National Fire Agency may cancel the designation thereof or order the suspension of the whole or part of the services by designating a period not exceeding six months: Provided, That where the certification institution falls under subparagraph (1) or (7), the Fire Commissioner of the National Fire Agency shall cancel the designation thereof: |
| 1. | Where the institution is certified by fraud or other improper means; |
| 2. | Where the institution has not provided services for certification for over a year without good cause; |
| 3. | Where the institution does not satisfy the requirements pursuant to paragraph (1) any longer; |
| 4. | Where the institution is deemed to have lost credibility of certification due to errors, omission, etc.; |
| 5. | Where the institution has rejected the application for certification of fire equipment without good cause; |
| 6. | Where the institution has taken an improper action concerning certification; |
| 7. | Where the institution has provided services for certification during the period of service suspension in violation of the order of suspension of the whole or part of its services. |
| (7) | When canceling the designation of a certification institution or suspending the services thereof pursuant to paragraph (6), the Fire Commissioner of the National Fire Agency shall publicly notify the content of the cancellation, as prescribed by Presidential Decree. |
| (8) | Matters concerning procedures of the designation of a certification institution and the cancellation of designation thereof or detailed criteria of service suspension shall be prescribed by Presidential Decree. |
| Article 15 (Exemption from Certification) |
Where fire equipment falls under any of the following, the Fire Commissioner of the National Fire Agency may exempt the fire equipment from certification pursuant to Article 12, as prescribed by Presidential Decree: | 1. | Where the fire equipment is certified by a foreign certification institution determined and publicly notified by the Fire Commissioner of the National Fire Agency in accordance with a mutual recognition agreement between states; |
| 2. | Where the fire equipment is certified by a foreign certification institution with which the certification institution has signed a contract for mutual recognition. |
| Article 16 (Indication of Certification) |
| (1) | A manufacturer or seller of fire equipment certified pursuant to Article 12 (hereinafter referred to as “certified fire equipment”) shall indicate such certification on the certified fire equipment or packaging thereof, as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (2) | No person shall indicate certification or put similar indication of certification on fire equipment or packaging thereof not certified pursuant to Article 12. |
| (3) | A manufacturer, seller and user of certified fire equipment shall not change or remove indication of such certification at will. |
| Article 17 (Penalty Surcharge) |
| (1) | Where service suspension is to be ordered in accordance with Article 14 (6) and suspension of such business is likely to cause severe inconvenience to users of the concerned business, the Fire Commissioner of the National Fire Agency may impose and collect a penalty surcharge not exceeding 300 million won in lieu of suspension of such business. |
| (2) | The amount of penalty surcharge according to types and degree of violations for imposition of penalty surcharge pursuant to paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
| (3) | Where a person subject to the imposition of a penalty surcharge under paragraph (1) fails to pay it within the prescribed period, the Fire Commissioner of the National Fire Agency shall collect it in the same manner as delinquent national taxes. |
| (4) | Except as provided for in paragraphs (1) through (3), matters necessary for the imposition and collection of penalty surcharges shall be prescribed by Presidential Decree. |
CHAPTER V PURCHASE OF FIRE EQUIPMENT
| Article 18 (Purchase of Fire Equipment) |
| (1) | The head of a fire service agency shall receive documents necessary for purchasing fire equipment from a contractor, supplier or manufacturer, etc., as prescribed by Presidential Decree, for tender notice for purchasing fire equipment, request for submission of a written estimate or conclusion of a contract. |
| (2) | The head of a fire service agency shall purchase fire equipment after checking any of the following: |
| 1. | Possession standards and service life of fire equipment; |
| 2. | Commodity classification numbers, name, specifications, and the quantity and time of necessity of fire equipment; |
| 3. | Other matters prescribed by Presidential Decree. |
| (3) | Where the head of a fire service agency acquires fire equipment, not by purchasing pursuant to paragraph (1), he or she shall require a public official in charge of management of fire equipment (hereinafter referred to as “public official in charge of management of fire equipment”) to manage the name, specifications, quantity and details of acquisition of the acquired fire equipment. |
| Article 19 (Specification and Particular Specification of Fire Equipment) |
| (1) | The head of a fire service agency shall decide the name, item and specifications of fire equipment to be purchased. |
| (2) | The head of a fire service agency may seek opinions from relevant experts or request a manufacturer or importer, etc. of fire equipment to decide the name, item and specifications of fire equipment to be purchased. |
| (3) | The head of a fire service agency may decide the particular specifications of fire equipment in consideration of special characteristics and quality of fire equipment to efficiently conduct fire service. |
| (4) | Matters concerning the procedures and methods, etc. of deciding the specifications and particular specifications of fire equipment shall be prescribed by Presidential Decree. |
| Article 20 (Request for Selection of Fire Equipment) |
| (1) | The head of a fire service agency may request the Fire Commissioner of the National Fire Agency to select fire equipment to be purchased, in consideration of the characteristics and efficiency of purchase of fire equipment to be purchased. |
| (2) | Where requested for selection of fire equipment pursuant to paragraph (1), the Fire Commissioner of the National Fire Agency may select fire equipment in consideration with the following matters: |
| 1. | Convenience of purchase procedures and efficiency of purchase; |
| 2. | Special characteristics and expertise of fire equipment to be purchased; |
| 3. | Standardization of fire equipment and promotion of technological development. |
| (3) | Matters concerning methods, procedures, etc. of selecting fire equipment shall be prescribed by Presidential Decree. |
| Article 21 (Inspection and Examination of Fire Equipment) |
| (1) | When purchasing fire equipment, the head of a fire service agency shall inspect and examine the fire equipment to check quality, physical properties, external appearance, dimensions, quantity, performance, etc. of the fire equipment. |
| (2) | In cases of inspection and examination pursuant to paragraph (1), the head of a fire service agency may organize a special inspection team comprised of fire officials and relevant experts, as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (3) | Where purchasing fire equipment determined by Presidential Decree such as fire engines, etc., the head of a fire service agency shall require a specialized institution for fire equipment designated by the Fire Commissioner of the National Fire Agency to perform inspection, etc. thereof on his or her behalf. |
CHAPTER VI MANAGEMENT OF FIRE EQUIPMENT
| Article 22 (Duties of Public Official in Charge of Management of Fire Equipment) |
| (2) | A public official in charge of management of fire equipment shall maintain fire equipment in a constantly available state and safely manage the fire equipment with due care as a good manager. |
| (3) | The fire equipment a public official manages may not be transferred to himself or herself from the head of the competent fire service agency. |
| Article 23 (Retention Standards of Fire Equipment) |
| (2) | The head of a fire service agency shall preferentially provide personal protective equipment (hereinafter referred to as “personal protective equipment”) such as fire uniforms, etc., as prescribed by Presidential Decree, to newly-hired fire officials: Provided, That where necessary for training, etc. before the new recruitment, personal protective equipment may be provided in advance. |
| Article 24 (Transfer of Management of Fire Equipment) |
| (1) | The head of a fire service agency may inquire the fire equipment retained at other fire service agencies of the same City/Do and transfer the management of the fire equipment to the fire agency of the concerned City/Do. |
| Article 25 (Inventory Control of Fire Equipment) |
| (1) | The head of a fire service agency may determine inventory control standards and manage fire equipment which is frequently used or shall be in stock, as prescribed by Presidential Decree, to hold adequate stock thereof. |
| (2) | In determining inventory control standards of fire equipment, the head of a fire service agency shall sufficiently take into account matters prescribed by Presidential Decree such as demand forecasts, etc. |
| Article 26 (Management Records of Fire Equipment) |
| (1) | The head of a fire service agency shall record and keep matters concerning the current status and management of fire equipment retained pursuant to Article 25 (1), as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (2) | Where matters concerning the current status and management of fire equipment are recorded electronically, such electronic recording may substitute for recording such matters without recording in separate documents. |
| Article 27 (Service Life of Fire Equipment) |
| (1) | The service life of fire equipment shall be determined by the Administrator of the Public Procurement Service: Provided, That the Fire Commissioner of the National Fire Agency may determine the service life thereof if the Administrator of the Public Procurement Service fails to do so or where it is impractical to apply the service life determined by the Administrator of the Public Procurement Service due to special circumstances, the Fire Commissioner may adjust the service life thereof in consultation with the Administrator. |
| (2) | Where the head of a fire service agency acquires fire equipment whose service life is not determined, he or she shall require the Fire Commissioner of the National Fire Agency to determine the service life thereof. |
| (3) | The head of a fire service agency may extend the service life of fire equipment whose service life has expired where the performance thereof has been confirmed as prescribed by Presidential Decree. |
| Article 28 (Disposition of Fire Equipment Misplaced or Damaged) |
| (2) | The head of a fire service agency shall not issue an order for compensation on fire equipment damaged due to reasonable causes related to fire service. |
CHAPTER VII OPERATION OF FIRE EQUIPMENT
| Article 29 (Operation of Fire Equipment) |
| (1) | The head of a fire service agency shall require operators of fire equipment to operate fire equipment in compliance with functions and purposes thereof. |
| (2) | The head of a fire service agency may limit the operation of fire equipment in cases not falling under any of the following: |
| 6. | Other matters prescribed by Presidential Decree. |
| (3) | Matters concerning procedures for the operation and limitation of operation of fire equipment shall be prescribed by Presidential Decree. |
| Article 30 (Education and training of Operator of Fire Equipment) |
| (1) | Where necessary for efficient operation of fire equipment and improvement of operator’s capabilities, the Fire Commissioner of the National Fire Agency and the Mayor/Do Governor may formulate and promote policies on education and training of operators of fire equipment. |
| (2) | The operator of fire equipment shall receive education and training conducted by the Fire Commissioner of the National Fire Agency and the Mayor/Do Governor, as prescribed by Presidential Decree, to acquire expertise and knowledge necessary for operating fire equipment. |
| (3) | The Fire Commissioner of the National Fire Agency and the Mayor/Do Governor may allow an institution or organization designated by the Fire Commissioner of the National Fire Agency and the Mayor/Do Governor to conduct education and training pursuant to paragraph (2) on his or her behalf to improve expertise and capabilities of the operator of fire equipment. |
| (4) | Other matters concerning nurturing operators of fire equipment and improving their capabilities and matters necessary for contents, period, etc. of education and training therefor shall be prescribed by Presidential Decree. |
| Article 31 (Storage of Fire Equipment) |
| (1) | The head of a fire service agency shall store fire equipment at a fire service agency. |
| (2) | Notwithstanding paragraph (1), the head of a fire service agency may store fire equipment at a facility other than a fire service agency where storing fire equipment at a fire service agency is not appropriate for use or management of fire equipment or there is a compelling reason to do so. |
| (3) | The head of a fire service agency shall guide and supervise fire officials under his or her jurisdiction not to personally use or store fire equipment without good cause. |
| Article 32 (Cooperation of Operation of Fire Helicopter) |
| (1) | The Fire Commissioner of the National Fire Agency and the Mayor/Do Governor shall establish a cooperative system concerning matters prescribed by Presidential Decree such as joint use of a control system, etc. for rapid response system and safety management of fire helicopters. |
| (2) | The Fire Commissioner of the National Fire Agency and the Mayor/Do Governor may conduct a joint training based on mutual consultation in order to improve capabilities of emergency mobilization and joint response of fire helicopters. |
| (3) | The Mayor/Do Governor may request the Fire Commissioner of the National Fire Agency for support where necessary for support of fire helicopters of the National Fire Agency or another City/Do in conducting regional fire service. |
| (4) | The Fire Commissioner of the National Fire Agency requested for support pursuant to paragraph (3) may require a Mayor/Do Governor appropriate for providing support to do so. In such cases, the Mayor/Do Governor requested shall comply with the request unless there is a compelling reason not to do so. |
CHAPTER VIII INSPECTION AND MAINTENANCE OF FIRE EQUIPMENT
| Article 33 (Inspection of Fire Equipment) |
| (1) | The head of a fire service agency shall inspect fire equipment under his or her jurisdiction and record and manage such equipment as prescribed by Presidential Decree. |
| (2) | The head of a fire service agency shall require a specialized institution for fire equipment designated by the Fire Commissioner of the National Fire Agency to conduct the whole or part of inspection on fire equipment such as fire engine, etc., as prescribed by Presidential Decree, on his or her behalf. |
| (3) | Matters necessary for inspection of fire equipment shall be prescribed by Presidential Decree. |
| Article 34 (Report on Occurrence of Breakdown and Investigation) |
| (1) | Where breakdown of fire equipment has occurred or any defect is found, a public official in charge of fire equipment shall report occurrence of breakdown of fire equipment, etc. to the head of a fire service agency, as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (2) | Where an accident takes place while operating fire equipment, a public official in charge of fire equipment shall report it to the head of a fire service agency, as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (3) | The head of a fire service agency who has received a report on accidents concerning fire equipment pursuant to paragraph (2) shall report it to the Fire Commissioner of the National Fire Agency, as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (4) | The Fire Commissioner of the National Fire Agency may investigate into the causes, etc. of accidents reported by the head of a fire service agency pursuant to paragraph (3). In such cases, the Fire Commissioner of the National Fire Agency may organize and operate an investigation team participated by public officials under his or her jurisdiction, external experts, etc. |
| (5) | Matters necessary for the organization and operation of an investigation team pursuant to paragraph (4) shall be prescribed by Presidential Decree. |
| Article 35 (Maintenance of Fire Equipment) |
| (1) | The head of a fire service agency who has received a report pursuant to Article 34 (1) shall maintain the concerned fire equipment. In such cases, the head of a fire service agency may request a fire equipment maintenance center pursuant to Article 36, or an institution or specialized maintenance enterprise prescribed by Presidential Decree to maintain such equipment. |
| (2) | The head of a fire service agency shall check if the fire equipment whose maintenance has been complete is appropriately maintained. |
| Article 36 (Designation of Fire Equipment Maintenance Center) |
| (1) | The Fire Commissioner of the National Fire Agency may designate an institution or organization satisfying requirements prescribed by Presidential Decree, such as professional human resources and facilities, etc., as a fire equipment maintenance center (hereinafter referred to as “Center”) for systematic, professional and efficient maintenance of fire equipment. |
| (2) | The Center shall conduct any of the following affairs: |
| 1. | Examination of fire equipment; |
| 2. | Inspection and maintenance of fire equipment; |
| 3. | Tasks entrusted by the State, local governments or public institutions in relation to examination, inspection and maintenance, etc. of fire equipment; |
| 4. | Other tasks prescribed by Presidential Decree to achieve the purpose of the establishment of the Center. |
| (3) | Where a person designated as Center in accordance with paragraph (1) falls under any of the following, the Fire Commissioner of the National Fire Agency may order the cancellation of its designation or the suspension of operation of its affairs for a specific period up to six months, as prescribed by Presidential Decree: Provided, That in cases under subparagraph 1, its designation shall be cancelled: |
| 1. | Where it has been designated by fraud or other improper means; |
| 2. | Where it has failed to conduct its affairs for six months or longer without good cause; |
| 3. | Where it has become to fail to satisfy the requirement for designation pursuant to paragraph (1). |
| (4) | Matters necessary for designation, operation, etc. of the Center shall be prescribed by Presidential Decree. |
CHAPTER IX DISPOSAL OF FIRE EQUIPMENT
| Article 37 (Return of Fire Equipment) |
| (1) | The head of a fire service agency may investigate into the necessity, possibility, etc. of operating fire equipment. |
| (2) | The head of a fire service agency may take necessary measures for returning fire equipment of operators of fire equipment based on the result of the investigation pursuant to paragraph (1). |
| Article 38 (Decision on Disuse of Fire Equipment) |
| (1) | The head of a fire service agency may make a decision on disuse of the fire equipment falling under any of the following: |
| 1. | Fire equipment whose service life has expired; |
| 2. | Fire equipment not available to use; |
| 3. | Fire equipment not necessary to use; |
| (2) | The head of a fire service agency shall comprehensively review the condition, service life, etc. of fire equipment falling under Article 1, as prescribed by Presidential Decree, and make a decision on disuse and appropriate replacement timing thereof. |
| (3) | The head of a fire service agency may seek counsel from experts, etc., as prescribed by Presidential Decree, if necessary for making a decision pursuant to paragraph (2). |
| Article 39 (Discarding of Fire Equipment) |
| (1) | Where it is deemed that safety accidents, etc. are possible in cases of using fire equipment determined for disuse, the head of a fire service agency shall discard such fire equipment determined for disuse by means of dismantling or cutting among other methods |
| (2) | Where fire equipment is to be discarded after a decision on disuse of fire equipment embedded with a storage medium of information system, the head of a fire service agency shall check whether stored data has been deleted. |
CHAPTER X SUPPLEMENTARY PROVISIONS
| Article 40 (Establishment of Integrated Management System of Fire Equipment) |
| (1) | The Fire Commissioner of the National Fire Agency and the Mayor/Do Governor may establish and operate a computer system to comprehensively manage the record from the acquisition of fire equipment to the disposal thereof after the decision on disuse (hereinafter referred to as “integrated management system of fire equipment”) in order to efficiently manage fire equipment used by fire service agencies. |
| (2) | The Fire Commissioner of the National Fire Agency and the Mayor/Do Governor shall thoroughly manage the integrated management system of fire equipment through entering, etc. of information of fire equipment for efficient operation of such system. |
| (3) | The Fire Commissioner of the National Fire Agency and the Mayor/Do Governor may allow the integrated management system of fire equipment to be interlinked between the National Fire Agency and another City/Do. |
| Article 41 (Purchase of Insurance for Damage Indemnification) |
| (1) | The Fire Commissioner of the National Fire Agency and the Mayor/Do Governor shall prepare measures concerning damage incurred by fire equipment such as insurance purchase for damage caused by official operation of fire equipment. |
| (2) | The Fire Commissioner of the National Fire Agency may select a non-life insurance product suitable for characteristics of fire equipment (referring to a non-life insurance product under subparagraph 1 (b) of Article 2 of the Insurance Business Act; hereinafter the same shall apply), if necessary for damage indemnification pursuant to paragraph (1). |
| (3) | Matters concerning standards, procedures, etc. for the selection of a non-life insurance product of fire equipment shall be prescribed by Presidential Decree. |
The Fire Commissioner of the National Fire Agency, the Mayor/Do Governor or the head of a fire service agency may pay fees for vicarious execution of affairs if he or she vicariously executes any of the following affairs, as prescribed by Presidential Decree:
| 1. | Examination and inspection of fire equipment pursuant to Article 21 (3); |
| 2. | Education and training pursuant to Article 30 (3); |
The Fire Commissioner of the National Fire Agency shall conduct a hearing to make a disposition falling under any of the following:
| 1. | Cancellation of certification pursuant to Article 13 (1); |
| 2. | Cancellation of designation as certification institution and suspension of certification affairs pursuant to Article 14 (6); |
| 3. | Cancellation of designation as Center and suspension of affairs thereof pursuant to Article 36 (3). |
| Article 44 (Delegation and Entrustment of Authority) |
| (1) | Part of the authority of the Fire Commissioner of the National Fire Agency and Mayor/Do Governor pursuant to this Act may be delegated to the head of a fire service agency, as prescribed by Presidential Decree. |
| (2) | Affairs of the Fire Commissioner of the National Fire Agency or the head of a fire service agency pursuant to the Act may be entrusted to a person falling under any of the following, as prescribed by Presidential Decree: |
| Article 45 (Legal Fiction as Public Official in Application of Penalty Provisions) |
| 1. | Executive officers and employees who engage in the affairs of certifying fire equipment at a certification institution pursuant to Article 14; |
| 2. | Executive officers and employees who engage in the affairs delegated pursuant to Article 44 (2). |
CHAPTER XI PENALTY PROVISIONS
| Article 46 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won:
| 1. | A person who received a certification pursuant to Article 12 (1) by fraud or other improper means; |
| 2. | A person who was designated as a certification institution pursuant to Article 14 (1) by fraud or other improper means and conducted certification affairs; |
| 3. | A person who was not designated as a certification institution pursuant to Article 14 (1) but conducted certification affairs; |
| 4. | A person who indicated the certification or put similar indication of certification in violation of Article 16 (2); |
| 5. | A person who changed or removed the indication of certification at his or her own will in violation of Article 16 (3). |
| Article 47 (Joint Penalty Provisions) |
Where the representative of a corporation, or an agent or employee of, or any other person employed by, a corporation or an individual commits an offense under Article 46 with respect to the affairs of the corporation or individual, not only shall such violator be punished, but also the corporation or individual shall be punished by a fine under the relevant provisions: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention to and supervision over the relevant duties to prevent such violations.
| Article 48 (Administrative Fines) |
| (1) | Any person who paints or marks fire equipment or puts similar painting or marking on fire equipment in violation of Article 11 (2) shall be punished by an administrative fine not exceeding five million won. |
| (2) | The Fire Commissioner of the National Fire Agency or the Mayor/Do Governor shall impose and collect an administrative fine under paragraph (1), as prescribed by Presidential Decree. |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 Omitted.