CHAPTER I GENERAL PROVISIONS
CHAPTER II ESTABLISHMENT OF MASTER PLAN ON MANAGEMENT OF FIRE EQUIPMENT
| Article 2 (Amendment to Important Matters of Master Plan and Action Plan) |
| 1. | Amendment to goals or directions of mid- and long-term policy for management of fire equipment; |
| 2. | Amendment of 10/100 or more of the total business expenses of the master plan on management of fire equipment pursuant to Article 4 (1) of the Act (hereinafter referred to as “master plan”). |
| Article 3 (Establishment of Master Plan) |
| (1) | The Fire Commissioner of the National Fire Agency shall formulate a master plan by no later than September 30 of the year before the year in which the concerned plan is to be implemented. |
| (2) | The Fire Commissioner of the National Fire Agency shall formulate an action plan on management of fire equipment pursuant to Article 4 (3) of the Act (hereinafter referred to as “action plan”) by October 31 of the year before the year in which the concerned plan is to be implemented. |
| (3) | The Fire Commissioner of the National Fire Agency shall send the master plan and action plan submitted to the competent standing committee of the National Assembly pursuant to Article 4 (5) of the Act to the heads of the relevant central administrative agencies, the Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, Do Governors, the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor"). |
| Article 4 (Procedure for Formulation of City/Do Management Plan) |
| (1) | The Mayor/Do Governor shall formulate a City/Do plan on management of fire equipment pursuant to Article 5 (1) of the Act (hereinafter referred to as “City/Do management plan”) by November 30 of the year before the year in which the concerned plan is implemented and submit the plan to the Fire Commissioner of the National Fire Agency. |
| (2) | The Mayor/Do Governor shall formulate a City/Do action plan on management of fire equipment pursuant to Article 5 (3) of the Act (hereinafter referred to as “City/Do action plan”) and by December 31 of the year before the year in which the concerned plan is implemented and submit the plan to the Fire Commissioner of the National Fire Agency. |
| (3) | The Fire Commissioner of the National Fire Agency may adjust the City/Do action plan submitted pursuant to paragraph (2) and request for amendment thereof. |
| (4) | The Mayor/Do Governor shall submit outcomes of promotion of City/Do action plans of the previous year by February 15 every year to the Fire Commissioner of the National Fire Agency. |
| (5) | Detailed matters to be included in outcomes of promotion of City/Do action plans shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| Article 5 (Scope of Fact-Finding Surveys) |
| (1) | The scope of fact-finding surveys on management of fire equipment pursuant to Article 7 (1) of the Act (hereinafter referred to as “fact-finding survey”) shall be as follows: |
| 1. | Actual state on fire equipment and management thereof; |
| 2. | Actual state on human resources and technology for management of fire equipment and supply and demand thereof; |
| 3. | International trends related to fire equipment; |
| 4. | Matters necessary for development of fire equipment in accordance with changes in fire environments; |
| 5. | Other matters necessary for formulation and implementation of master plans and action plans. |
| (2) | Fact-finding surveys may be conducted by electronic means such as information and communications network, electronic mail, etc., if necessary for efficient fact-finding surveys. |
| (3) | Where the Fire Commissioner of the National Fire Agency intends to conduct field investigations pursuant to paragraph (2), he or she shall notify a person subject to investigation of investigation plans including date, reasons, content, etc. of the investigation in advance. |
CHAPTER III CLASSIFICATION AND STANDARDIZATION OF FIRE EQUIPMENT
| Article 6 (Classification of Fire Equipment) |
| Article 7 (Establishment of Standard Specifications of Fire Equipment) |
| (1) | Where the Fire Commissioner of the National Fire Agency intends to establish, revise, or abolish standard specifications of fire equipment in the proviso of Article 10 (1) of the Act (hereinafter referred to as “standard specifications”), he or she shall bring them under deliberation of the deliberative committee on technology of fire equipment under Article 8. |
| (2) | Where the Fire Commissioner of the National Fire Agency intends to establish, revise, or abolish standard specifications, he or she may hold a public hearing, etc. and hear opinions of interested parties. |
| (3) | Where the Fire Commissioner of the National Fire Agency intends to establish, revise, or abolish standard specifications, he or she shall publicly notify the title, number, date of establishment, revision or abolition of the concerned standard specifications in the Official Gazette. |
| (4) | The Fire Commissioner of the National Fire Agency may revise, or abolish standard specifications after reviewing feasibility thereof every three years from the date of public notice of standard specifications pursuant to paragraph (3). |
| (5) | Except as provided in paragraphs (1) through (4), detailed matters necessary for management, etc. of standard specifications shall be prescribed by the Fire Fire Commissioner of the National Fire Agency. |
| Article 8 (Establishment of Deliberative Committee on Technology of Fire Equipment) |
| (1) | Deliberative committee on technology of fire equipment shall be established under the control of the Fire Commissioner of the National Fire Agency to deliberate matters of the following including standards specifications and certification of fire equipment: |
| 1. | Establishment of, revision to, or abolishment of standard specifications; |
| 3. | Others regarding standard specifications and certification referred to the deliberative committee on technology of fire equipment by the Fire Commissioner of the National Fire Agency. |
| (2) | Matters necessary to organize and operate the deliberative committee on technology of fire equipment under paragraph (1) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
CHAPTER IV CERTIFICATION OF FIRE EQUIPMENT
| Article 9 (Fire Equipment Subject to Certification) |
“Fire equipment prescribed by Presidential Decree” under Article 12 (1) of the Act means any of the following fire equipment: | 4. | Other fire equipment designated and publicly notified by the Fire Commissioner of the National Fire Agency. |
| Article 10 (Standard of Certification of Fire Equipment) |
Certification of fire equipment shall comply with any of the following criteria (hereinafter referred to as “certification standard”):
| 1. | Product examination standard: standard in accordance with standard specifications, such as structure, function, nature and performance, etc. of fire equipment; |
| 2. | Place examination standard: standard determined and publicly notified by the Fire Commissioner of the National Fire Agency, such as manufacturing facilities, examination facilities of fire equipment and human resources and quality management systems of such facilities. |
| Article 11 (Application for Certification) |
A manufacturer or seller of fire equipment who intends to obtain certification pursuant to Article 12 (2) of the Act (hereinafter referred to as “applicant for certification”) shall submit a written application and attached documents, as prescribed by Ordinance of the Ministry of the Interior and Safety, to the certification institution pursuant to Article 14 (1) of the Act (hereinafter referred to as “certification institution”).
| Article 12 (Certification Methods) |
| (1) | Where the head of a certification institution obtains certification pursuant to Article 11, he or she shall conduct examination for certification by classifying into document screening, product testing and on-site evaluation. |
| (2) | The head of a certification institution may entrust part of tests or assessment related to certification examination to an institution or organization deemed appropriate for the concerned affair. |
| (3) | Notwithstanding paragraph (1), the head of a certification institution may omit the whole or part of product testing or on-site evaluation in any of the following cases: |
| 1. | Where product testing for part of the structure of fire equipment subject to certification examination has been already conducted and such part is deemed qualified for standard of product examination; |
| 2. | Where on-site evaluation of manufacturing facilities, etc. of fire equipment subject to certification examination has been already conducted and technical production requirements, etc. thereof are deemed qualified for standard of on-site evaluation. |
| Article 13 (Issuance of Certificate) |
Where fire equipment subject to certification is qualified for certification standard based on the result of certification examination, the head of a certification institution shall issue a certificate of fire equipment prescribed by Ordinance of the Ministry of the Interior and Safety; and if such fire equipment is not qualified for certification standard, he or she shall state the grounds for disqualification and notify it to the applicant for certification.
| Article 14 (Raising of Objection) |
| (1) | An applicant for certification who received a notification of disqualification pursuant to Article 13 may raise an objection to the head of a certification institution. |
| (2) | An objection pursuant to paragraph (1) shall be raised within 30 days from the date of notification of disqualification for certification. |
| (3) | The head of a certification who received an objection raised pursuant to paragraph (1) shall notify the applicant for certification of the result of review thereof and the grounds within seven days from the date of receipt of the objection. |
| Article 15 (Public Announcement of Certified Fire Equipment) |
Where the head of a certification institution issues a certificate of fire equipment pursuant to Article 13, he or she shall publicly announce the following matters on the website of the concerned certification institution: | 1. | Name of fire equipment; |
| 2. | Serial number, date and institution of certification; |
| 3. | Manufacturer or seller; |
| 4. | Location of factory or place of business. |
| Article 16 (Valid Period for Certification) |
The valid period for certification of fire equipment shall be two years from the date of issuance of a certificate of fire equipment pursuant to Article 13.
| Article 17 (Fees for Certification) |
| (1) | Where an applicant for certification applies for certification pursuant to Article 11, he or she shall pay fees calculated by the head of a certification institution in accordance with the criteria publicly notified by the Fire Commissioner of the National Fire Agency to the concerned certification institution. |
| (2) | Where the head of a certification institution determines the fees pursuant to paragraph (1), he or she shall post the fees on the website of the concerned institution. |
| Article 18 (Public Announcement of Cancellation of Certification) |
Where the head of a certification institution cancels the certification of fire equipment pursuant to Article 13 (1) of the Act, he or she shall notify the Fire Commissioner of the National Fire Agency, the Mayor/Do Governor, the manufacturer or seller thereof of the cancellation and publicly announce the fact for at least 14 days on the website of the concerned certification institution: | 1. | Name of fire equipment cancelled for certification; |
| 2. | Serial number, date and institution of certification of fire equipment cancelled for certification; |
| 3. | Manufacturer or seller of fire equipment cancelled for certification; |
| 4. | Grounds for cancellation of certification; |
| 5. | Date of cancellation of certification. |
| Article 19 (Requirement of Designation as Certification Institution) |
| (1) | “Requirements prescribed by Presidential Decree such as human resources and equipment, etc.” pursuant to Article 14 (1) of the Act means any of the following requirements: |
| 1. | It shall be a non-profit corporation or a non-profit organization with its main affairs of testing or inspecting products, equipment, etc.; |
| 3. | It shall own at least 80/100 of the testing facilities of fire equipment determined and publicly notified by the Fire Commissioner of the National Fire Agency; |
| 4. | It shall have at least five permanent employees in any of the following items: |
| 5. | It shall not receive any financial support from a manufacturer or seller and shall hold independence in relation to certification activities. |
| (2) | A person who intends to be designated as certification institution pursuant to Article 14 (2) of the Act shall submit a written application and attached documents to the Fire Commissioner of the National Fire Agency, as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (3) | Where the Fire Commissioner of the National Fire Agency designates a certification institution, he or she shall issue a written designation for certification institution of fire equipment prescribed by Ordinance of the Ministry of the Interior and Safety and publicly announce the following in the Official Gazette or on its website: |
| 1. | Date and serial number of designation as certification institution; |
| 2. | Name of certification institution; |
| 3. | Address of certification institution; |
| 4. | Scope of performance of affairs of certification institution. |
| Article 20 (Guidance and Supervision of Certification Institution) |
| (1) | Where deemed necessary for performance of fire equipment and ensuring safety thereof pursuant to Article 14 (5) of the Act, the Fire Commissioner of the National Fire Agency may conduct any of the following investigations or take any of the following measures: |
| 1. | Investigation into satisfaction of requirement for designation as certification institution pursuant to any of the subparagraphs of Article 19 (1); |
| 2. | Investigation into performance, safety, etc. of certified fire equipment and request for tests thereof by a laboratory. |
| (2) | The Fire Commissioner of the National Fire Agency may require the head of a certification institution to report on matters concerning affairs of certification or submit relevant documents if necessary for management of affairs of certification of fire equipment. |
| Article 21 (Cancellation of Designation as Certification Institution) |
| (1) | Where the Fire Commissioner of the National Fire Agency cancels the designation as a certification institution or suspends its business pursuant to Article 14 (7) of the Act, he or she shall publicly notify the following in the Official Gazette without delay: |
| 1. | Name and address of certification institution; |
| 2. | Date and period of cancellation of designation or business suspension; |
| 3. | Grounds for cancellation of designation or business suspension. |
| (2) | Detailed standard of cancellation of designation or business suspension of certification institution pursuant to Article 14 (8) of the Act shall be as specified in attached Table 2. |
| Article 22 (Confirmation of Exemption from Certification) |
| (1) | A manufacturer or seller who intends to be exempted from certification pursuant to Article 15 of the Act shall submit a written application for confirmation of exemption and attached documents to the Fire Commissioner of the National Fire Agency by type of fire equipment, as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (2) | Where having received a written application pursuant to paragraph (1) and confirmed that the fire equipment falls under any of the subparagraphs of Article 15 of the Act, the Fire Commissioner of the National Fire Agency shall issue a written confirmation of exemption prescribed by Ordinance of the Ministry of the Interior and Safety, and if the fire equipment fails to satisfy the subparagraphs aforementioned, he or she shall notify the applicant for exemption of the fact specifying the grounds therefor. |
| (3) | A person who received confirmation of exemption from certification pursuant to paragraph (2) shall indicate confirmation of exemption prescribed by Ordinance of the Ministry of the Interior and Safety on the concerned fire equipment or packaging thereof. |
| Article 23 (Standard of Imposition of Penalty Surcharge) |
| (1) | The standard of imposition of penalty surcharge pursuant to Article 17 (1) of the Act shall be as specified in attached Table 3. |
| (2) | Where the Fire Commissioner of the National Fire Agency intends to impose penalty surcharge pursuant to Article 17 (1) of the Act, he or she shall notify a person subject to imposition of penalty surcharge of the payment thereof specifying the type of violation and the amount of the penalty surcharge in writing. |
| (3) | A person who received a notification pursuant to paragraph (2) shall pay the penalty surcharge to the collecting agency designated by the Fire Commissioner of the National Fire Agency within 30 days from receipt of the notification: Provided, That the person is unable to pay the penalty surcharge within the prescribed period due to a natural disaster or any other unavoidable cause, he or she shall pay it within seven days from the date such cause ceases to exist. |
| (4) | The collecting agency which received penalty surcharge pursuant to paragraph (3) shall issue a receipt to the payer. |
| (5) | Where the collecting agency received penalty surcharge pursuant to paragraph (3), it shall notify the Fire Commissioner of the National fire Agency of the fact without delay. |
CHAPTER V PURCHASE OF FIRE EQUIPMENT
| Article 24 (Submission of Data When Purchasing Fire Equipment) |
| (1) | “Documents necessary for purchasing fire equipment ... as prescribed by Presidential Decree” in Article 18 (1) of the Act means any of the following documents: |
| 1. | Document evidencing permission, authorization, licensing, registration, report, etc. related to manufacturing or supply of fire equipment; |
| 3. | Confirmation of import declaration (only applicable to imported goods); |
| 4. | Certificate of origin (only applicable to imported goods); |
| 5. | Document verifying performance, quality, etc. of the fire equipment. |
| (2) | “Matters prescribed by Presidential Decree” in Article 18 (2) 3 of the Act means promotion plans, etc. related to the management and operation of fire equipment included in a master plan, action plan, City/Do management plan and City/Do action plan. |
| Article 25 (Determination of Specification of Fire Equipment) |
| (1) | The head of a fire service agency may seek opinions from at least three experts if necessary for determining specifications or particular specifications of fire equipment to be purchased pursuant to Article 19 (1) and (3) of the Act. |
| (2) | Where opinions are sought from experts pursuant to paragraph (1), at least seven days shall be allowed: Provided, That this shall not apply where any urgent necessity exists. |
| (3) | The head of a fire service agency may require a manufacturer, importer, etc. of fire equipment for any of the following data if necessary for determining specifications or particular specifications of fire equipment to be purchased in accordance with Article 19 (1) and (3) of the Act: |
| 1. | Data on standards, specifications, safety, functionality, etc. of fire equipment; |
| 3. | Other data the head of a fire service agency deems necessary for determining specifications or particular specifications of fire equipment. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for determination, etc. specifications or particular specifications of fire equipment shall be determined by the Fire Commissioner of the National Fire Agency. |
| Article 26 (Method of Selection of Fire Equipment) |
| (1) | Where the Fire Commissioner of the National Fire Agency is requested for selection of fire equipment pursuant to Article 20 (1) of the Act, he or she shall select fire equipment following deliberation by a consultative council of selection of fire equipment pursuant to paragraph (2). |
| (2) | The Fire Commissioner of the National Fire Agency may operate a consultative council of selection of fire equipment comprising relevant public officials, experts, fire service agency, etc. which requested for selection of fire equipment. In such cases, matters necessary for organization and operation, etc. of a consultative council of selection of fire equipment shall be determined by the Fire Commissioner of the National Fire Agency. |
| Article 27 (Fire Equipment Subject to Inspection by Specialized Institution) |
| (1) | “Fire equipment determined by Presidential Decree such as fire engines, etc.” in Article 21 (3) of the Act means any of the following: |
| 5. | Salvage tender (only applicable where such vehicles are installed with special devices such as a crane, towing device); |
| 6. | Other fire equipment determined and publicly notified by the Fire Commissioner of the National Fire Agency. |
| (2) | Where the head of a fire service agency purchases fire equipment in any subparagraph of paragraph (1), he or she shall require the Korea Fire Institute (hereinafter referred to as “Fire Institute”) pursuant to Article 14 of the Fire-Fighting Industry Promotion Act to conduct inspection thereof on his or her behalf: Provided, That in the case of paragraph (1) 6, the head of a fire service agency may require a specialized institution of fire equipment designated by the Fire Commissioner of the National Fire Agency to conduct inspection on his or her behalf. |
CHAPTER VI MANAGEMENT OF FIRE EQUIPMENT
| Article 28 (Safety Management of Fire Equipment) |
The head of a fire service agency shall manage fire equipment which he or she holds such as air respirators, etc. in accordance with safety management standards determined by the Fire Commissioner of the National Fire Agency.
| Article 29 (Personal Protective Equipment) |
“Personal protective equipment ... such as fire uniforms, etc., as prescribed by Presidential Decree” in the main clause of Article 23 (2) of the Act means any of the following: | 1. | Air respirators [referring to those comprising full-face mask, cylinder, backpack and supplementary mask; hereinafter the same shall apply]; |
| Article 30 (Inventory Control of Fire Equipment) |
| 1. | Personal protective equipment pursuant to Article 29; |
| 2. | Consumable fire equipment to respond to gas, electrical, chemical, aircraft or petroleum fire, sea and river disaster and CBR(chemical, biological and radiological) warfare; |
| 3. | Fire equipment frequently used or which the head of a fire service agency deems necessary to maintain its inventory. |
| (2) | “Matters prescribed by Presidential Decree such as demand forecasts, etc.” in Article 25 (2) of the Act means any of the following: |
| 1. | Budget and time necessary for refilling the inventory of fire equipment; |
| 2. | Demand forecasts of fire equipment; |
| 3. | Matters necessary for inventory management of fire equipment such as properties, size, storage methods, etc. |
| Article 31 (Performance Verification of Fire Equipment) |
| (1) | The head of a fire service agency may conduct performance evaluation of fire equipment if he or she intends to extend the service life of fire equipment whose service life has expired pursuant to Article 27 (3) of the Act: Provided, That fire equipment in any of the following subparagraphs shall be subject to performance verification: |
| 5. | Salvage tender (only applicable where such vehicles are installed with special devices such as a crane, or towing device); |
| 6. | Other fire equipment determined by the Fire Commissioner of the National Fire Agency. |
| (2) | Where the head of a fire service agency conducts performance verification pursuant to paragraph (1), he or she may organize and operate a performance verification team comprising of relevant experts or request the Fire Institute or the fire equipment maintenance center under Article 39 to conduct the whole or part of performance verification on his or her behalf. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for methods, procedures, standards, etc. of performance verification shall be determined by the Fire Commissioner of the National Fire Agency. |
| Article 32 (Disposition of Fire Equipment Misplaced or Damaged) |
| (1) | Where stored or used fire equipment (excluding consumable fire equipment) is misplaced or damaged, the public official who manages or operates fire equipment shall report it to the head of a fire service agency without delay. |
| (2) | The head of a fire service agency reported to pursuant to paragraph (1) shall investigate into causes of misplacement or damage of the fire equipment and determine whether to order payment of damage compensation. |
CHAPTER VII OPERATION OF FIRE EQUIPMENT
| Article 33 (Operation of Fire Equipment) |
| 2. | Emergency duty pursuant to Article 5 of the Fire Officials Service Regulations; |
| (2) | The operator of fire equipment shall report to the head of the competent fire service agency in advance before operating fire engines: Provided, That he or she need not report in any of the following cases: |
| 2. | Where it falls under subparagraph 1 or 2 of paragraph (1). |
| Article 34 (Education and Training of Operator of Fire Equipment) |
| (1) | The Fire Commissioner of the National Fire Agency and the Mayor/Do Governor shall provide any of the following education and training pursuant to Article 30 (2) of the Act: |
| 1. | Data, performance and operation methods of fire equipment; |
| 2. | Guidelines for preventive inspection of fire equipment; |
| 3. | Matters concerning safety management of field fire-fighting activities; |
| 4. | Other matters concerning management and operation of fire equipment. |
| (2) | The Fire Commissioner of the National Fire Agency and the Mayor/Do Governor shall allow education and training pursuant to paragraph (1) to any of the following institutions: |
| 2. | Specialized institution of fire equipment designated by the Fire Commissioner of the National Fire Agency. |
| (3) | The Fire Commissioner of the National Fire Agency may conduct examination of operational capabilities of fire equipment for evaluation of achievements in education and training pursuant to paragraph (1) to operators of fire equipment (only applicable to fire officials) to nurture operators of fire equipment and improve their capabilities. |
| (4) | Except as provided in paragraphs (1) through (3), details of education and training of operators of fire equipment and matters necessary for subjects and method, etc. of examination of operational capabilities of fire equipment shall be determined by the Fire Commissioner of the National Fire Agency. |
| Article 35 (Establishment of Cooperative Operational System of Fire Helicopters) |
| (1) | “Matters prescribed by Presidential Decree such as joint use of a control system” in Article 32 (1) of the Act means any of the following: |
| 1. | Joint use of a control system, etc. for real-time location information and flight information, etc. of fire helicopters; |
| 2. | Integrated management of maintenance quality such as maintenance standards and procedures, etc. for maintaining airworthiness of fire helicopters; |
| 3. | Improvement of the operating rate of fire helicopters through mutual support of maintenance personnel, facilities, equipment, parts, etc.; |
| 4. | Enhancement of Aviation safety for the prevention of accidents by fire helicopters. |
| (2) | Detailed matters for cooperation in the subparagraphs of paragraph (1) shall be determined by the Fire Commissioner of the National Fire Agency. |
CHAPTER VIII INSPECTION AND MAINTENANCE OF FIRE EQUIPMENT
| Article 36 (Inspection of Fire Equipment) |
| (1) | The head of a fire service agency shall conduct inspection of fire equipment under his or her jurisdiction in accordance with the following classification: Provided, That a special inspection under subparagraph 3 may be conducted by an investigation team pursuant to Article 37: |
| 1. | Regular inspection: Inspection conducted at a regular interval to check if fire equipment maintains all functions; |
| 2. | Accurate inspection: Inspection to check physical and functional defects, etc. of special devices of fire engines designated by the Fire Commissioner of the National Fire Agency; |
| 3. | Special inspection: Inspection conducted to examine reasons of any particular defects, breakdown or accidents happened to fire equipment. |
| (2) | The head of a fire service agency shall record the following items after conducting inspection pursuant to paragraph (1) and store the record for three years form the date of record: |
| 1. | Details of inspection of fire equipment and details of maintenance and repair thereof; |
| 2. | Details of breakdown and accidents of fire equipment. |
| (3) | The head of a fire service agency shall require a specialized institution of fire equipment designated by the Fire Commissioner of the National Fire Agency to conduct accurate inspection on any of the following fire equipment on his or her behalf in accordance with Article 33 (2) of the Act: |
| (4) | Except as provided in paragraphs (1) through (3), detailed matters necessary for timing and methods, etc. of inspection of fire equipment shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| Article 37 (Organization and Operation of Investigation Team) |
| (1) | An investigation team in the latter part of Article 34 (4) of the Act (hereinafter referred to as “investigation team”) shall consist of up to 12 members, including one director. |
| (2) | Members of the investigation team shall be appointed or commissioned by the Fire Commissioner of the National Fire Agency from person falling under any of the following subparagraphs and the director shall be appointed or commissioned by the Fire Commissioner of the National Fire Agency among the members thereof: |
| 2. | Executive officers or employees of organizations and research institutes, etc. related to fire service; |
| 3. | Person who has abundant expert knowledge and experience in the field related to fire equipment and the Fire Commissioner of the National Fire Agency deems to have expertise; |
| (3) | The Fire Commissioner of the National Fire Agency may request the head of a fire service agency or the head of a public institution related to fire service to dispatch public officials or employees under its jurisdiction to organize the investigation team. In such cases, the head of the fire service agency or the head of the fire service-related public institution shall comply with such request unless there is a compelling reason not to do so. |
| (4) | The investigation team may request the head of a relevant institution for relevant data to secure data necessary for field investigation in advance. |
| (5) | Members of the investigation team may be paid allowances and travel expenses within the budget: Provided, That the same shall not apply to a member as a public official who attends a meeting of the investigation team or field investigation in direct relation to his or her duty as the public official. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for organization, operation, etc. of the investigation team shall be determined by the Fire Commissioner of the National Fire Agency. |
| Article 38 (Maintenance of Fire Equipment) |
“Institution ... prescribed by Presidential Decree” in the latter part of Article 35 (1) of the Act means the Fire Institute.
| Article 39 (Requirement for Designation as Fire Equipment Maintenance Center) |
“Institution or organization qualified for requirements prescribed by Presidential Decree, such as professional human resources and facilities, etc.” in Article 36 (1) of the Act means an institution or organization qualified under the following requirements: | 1. | It shall have at least five professionals falling under any of the following: |
| (a) | A person who has acquired a bachelor’s degree in fire-equipment majors designated and publicly notified by the Fire Commissioner of the National Fire Agency (including anyone recognized to hold similar or higher academic backgrounds in accordance with other statutes or regulations) and has at least three years’ working experience at a corporation or institution related to fire equipment; |
| (b) | A person who has at least five years’ working experience in affairs related to businesses under Article 36 (2) of the Act at a corporation or institution related to fire equipment. |
| 2. | It shall have more than two assistants with at least five years’ working experience in affairs related to businesses under Article 36 (2) of the Act; |
| 3. | It shall be equipped with facilities and equipment designated and publicly notified by the Fire Commissioner of the National Fire Agency. |
| Article 40 (Business of Fire Equipment Maintenance Center) |
| 2. | Performance verification pursuant to Article 31 (including cases where it is applied mutatis mutandis in Article 43). |
| Article 41 (Procedure for Designation of Center) |
| (1) | A person who intends to be designated as fire equipment maintenance center pursuant to Article 36 (1) of the Act (hereinafter referred to as “Center”) shall submit a written application for designation and attached documents to the Fire Commissioner of the National Fire Agency, as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (2) | Where a person applied for designation as the center pursuant to paragraph (1) is deemed to satisfy the requirements under Article 39, the Fire Commissioner of the National Fire Agency shall issue a written designation of fire equipment maintenance center, as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| Article 42 (Standards for Disposition of Cancellation of Designation as Center) |
Detailed standards for designation cancellation or business suspension pursuant to Article 36 (3) of the Act shall be as specified in attached Table 4.
CHAPTER IX DISPOSAL OF FIRE EQUIPMENT
| Article 43 (Decision on Disuse of Fire Equipment) |
The head of a fire service agency shall conduct performance verification of fire equipment to determine on disuse of fire equipment and appropriate replacement timing thereof in accordance with Article 38 (2) of the Act. In such cases, Article 31 shall apply mutatis mutandis.
CHAPTER X SUPPLEMENTARY PROVISIONS
| Article 44 (Selection of Non-Life Insurance Product) |
| (1) | The Fire Commissioner of the National Fire Agency shall assess characteristics, insurance conditions, etc. of a non-life insurance product to select a non-life insurance product of fire equipment in accordance with Article 41 (2) of the Act (referring to a non-life insurance product under subparagraph 1 (b) of Article 2 of the Insurance Business Act; hereinafter the same shall apply). |
| (2) | The Fire Commissioner of the National Fire Agency may request relevant administrative institutions, insurance companies or insurance-related organizations to provide data for fair assessment of a non-life insurance product. |
| (3) | In conducting assessment pursuant to paragraph (1), the Fire Commissioner of the National Fire Agency may request a specialized institution for assessment in technical and special aspects. |
| Article 45 (Recommendation of Discontinuation of Use of Fire Equipment) |
| (1) | Where fire equipment managed and operated by a fire service agency falls under any of the following due to manufacturing or design defects, etc. in fire equipment or technical or structural characteristics thereof, the Fire Commissioner of the National Fire Agency may recommend the head of a fire service to discontinue the use of the concerned fire equipment: |
| 1. | Where it has inflicted or is likely to inflict any damage to life or body of users; |
| 2. | Where it is inappropriate to use as fire equipment due to insufficient performance. |
| (2) | Where the Fire Commissioner of the National Fire Agency recommends discontinuation of use of fire equipment pursuant to paragraph (1), he or she shall take necessary measures such as investigation into the concerned fire equipment and request, etc. for examination and analysis thereof to find causes of defects, etc. in fire equipment. |
The standard for calculation of fees for vicarious execution of affairs under Article 42 of the Act shall be as specified in attached Table 5.
| Article 47 (Delegation or Entrustment of Authority) |
| (1) | The Mayor and Do Governor shall delegate the following authority to the head of each fire headquarter in accordance with Article 44 (1) of the Act: |
| 3. | Establishment of policy measures on education and training of operators of fire equipment pursuant to Article 30 (1) of the Act; |
CHAPTER XI PENALTY PROVISIONS
| Article 48 (Standard of Imposition of Administrative Fines) |
The standard of imposition of administrative fines pursuant to Article 48 (1) of the Act shall be as specified in attached Table 6.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on December 27, 2018.
Article 2 Omitted.