CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to protect the lives, bodies, and property of people and to contribute to enhancing public safety and welfare by prescribing matters necessary for the installation and management of firefighting systems, etc. required to be installed in specific objects of fire service, etc. and for the management of performance of firefighting appliances.
| (1) | The terms used in this Act are defined as follows: |
| 1. | The term "firefighting systems" means firefighting equipment, alarming equipment, evacuation and rescue equipment, firefighting water equipment, and other equipment for firefighting activities prescribed by Presidential Decree; |
| 2. | The term "firefighting systems, etc." means firefighting systems, emergency exits, and other firefighting-related facilities prescribed by Presidential Decree; |
| 3. | The term "specific object of fire service" means an object of fire service prescribed by Presidential Decree for which firefighting systems shall be installed in consideration of the size and purpose of the relevant building, etc. and the number of persons that such building, etc. can accommodate; |
| 4. | The term "fire safety performance" means the safety performance required for the materials, spaces, equipment, etc. of an object of fire service in order to prevent fire and minimize damage in case of fire; |
| 5. | The term "performance-oriented design" means the design of a specific object of fire service to assess the fire risk by an engineering method, comprehensively taking into account the materials, spaces, users, fire characteristics, etc., of the relevant building, etc. and to secure fire safety performance based on the results thereof; |
| 6. | The term "fire safety standards" means the following standards for installation and management of firefighting systems: |
| (a) | Performance standards: Standards for safety performance required for materials, spaces, equipment, etc. to ensure fire safety, which are determined and publicly notified by the Commissioner of the National Fire Agency; |
| (b) | Technical standards: Standards for detailed specifications, specific numerical values, testing methods, etc. that satisfy the performance standards under item (a), which are approved by the Commissioner of the National Fire Agency in accordance with procedures prescribed by Ordinance of the Ministry of the Interior and Safety; |
| 4. | The term "firefighting appliances" means products or devices prescribed by Presidential Decree, which form firefighting systems, etc. or are used for firefighting. |
| Article 3 (Responsibilities of the State and Local Governments) |
| (1) | The State and local governments shall formulate policies necessary for the installation and management of firefighting systems, etc., the improvement of the quality of firefighting appliances, etc. |
| (2) | The State and local governments shall make necessary efforts, such as developing new firefighting technologies and standards, conducting surveys and research thereof, and training experts. |
| (3) | The State and local governments shall provide administrative and financial support necessary for formulating and implementing the policies prescribed in paragraphs (1) and (2). |
| Article 4 (Obligations of Interested Parties) |
| (1) | Interested parties (referring to interested parties defined in subparagraph 3 of Article 2 of the Framework Act on Firefighting Services; hereinafter the same shall apply) shall endeavor to maintain and improve functions and performance of firefighting systems, etc. and to enhance convenience and safety of users. |
| (2) | Interested parties shall endeavor to secure financial resources necessary for the management of firefighting systems, etc. every year. |
| (3) | Interested parties shall actively cooperate with the State and local governments in their installation and management activities of firefighting systems, etc. |
| (4) | A possessor among interested parties shall actively cooperate with the owner and manager in their management of firefighting systems, etc. |
| Article 5 (Relationship to Other Statutes) |
CHAPTER II INSTALLATION AND MANAGEMENT OF FIREFIGHTING SYSTEMS AND FLAME-RETARDANT TREATMENT
SECTION 1 Consent to Building Permission
| Article 6 (Consent to Building Permission) |
| (1) | Where an administrative agency with the authority to grant permission for, or consult on, the new construction, extension, alteration, reconstruction, relocation, change of the use, or substantial repair, of a building, etc., or to give approval for the use of a building, etc. (including approval prescribed in Article 15 of the Housing Act and a pre-use inspection under Article 49 of that Act; and approval under Article 4 of the School Facilities Projects Promotion Act and approval for use under Article 13 of that Act; hereinafter referred to as "building permission, etc.") grants building permission, etc., it shall obtain prior consent from the head of a fire headquarters or chief of a fire station who has jurisdiction over the construction site or location of such building, etc. |
| (2) | Where an administrative agency with the authority to accept a report of extension, alteration, reconstruction, change of the use, or substantial repair, of a building, etc., has accepted such report, it shall notify the head of a fire headquarters or chief of a fire station who has jurisdiction over the construction site or location of such building, etc. without delay. |
| (3) | When obtaining prior consent pursuant to paragraph (1) or notifying the fact of accepting a report pursuant to paragraph (2), an administrative agency with the authority to grant building permission, etc. under paragraph (1) or administrative agency with the authority to accept a report under paragraph (2) shall submit drawings which show interior structures of a building from among drawings and specification which are submitted by a person who intends to obtain building permission, etc. or makes a report to the competent head of a fire headquarters or the competent chief of a fire station when such agency grants building permission, etc. or accepts a report: Provided, That this shall not apply where a building critical for national security or State secret is constructed and where the relevant administrative agency is unable to obtain drawings under the relevant statutes or regulations. |
| (4) | Where the head of a fire headquarters or chief of a fire station is requested to give consent under paragraph (1), he or she shall review whether the relevant building, etc. complies with the following and shall notify the relevant administrative agency of whether he or she consents thereto within a period prescribed by Ordinance of the Ministry of the Interior and Safety: |
| 1. | This Act or an order issued under this Act; |
| (5) | Where the head of a fire headquarters or the chief of a fire station notifies whether he or she consents to building permission, etc. pursuant to paragraph (4), he or she may attach review materials or written opinions on the following necessary to ensure the smooth progress of firefighting activities and the fire safety performance of the relevant building, etc.: |
| 4. | Other matters prescribed by Presidential Decree, such as the establishment of a passage to which fire engines are accessible. |
| (6) | In giving consent to approval for use under paragraph (1), a certificate of completion inspection of firefighting system installation under Article 14 (3) of the Firefighting System Installation Business Act may be issued in lieu of such consent. In such cases, an administrative agency with the authority to grant building permission, etc. under paragraph (1) shall confirm a certificate of completion inspection of firefighting system installation. |
| (7) | In granting building permission, etc. under paragraph (1), the scope of buildings, etc. which requires consent from the head of a fire headquarters or chief of a fire station shall be prescribed by Presidential Decree. |
| (8) | Where any matters concerning the installation, management, etc. of firefighting systems are included in the system standards for authorization, permission, report, etc. (excluding building permission, etc. and a report under paragraph (2); hereafter in this paragraph referred to as "authorization, permission, etc.") under other statutes or regulations, the administrative agency with the authority to grant the relevant authorization, permission, etc. may request the head of a fire headquarters or chief of a fire station having jurisdiction over the location of the system to ascertain whether the system complies with this Act or an order issued under this Act. In such cases, the head of a fire headquarters or chief of a fire station so requested shall notify the results of the ascertainment within a period prescribed by Ordinance of the Ministry of the Interior and Safety. |
| Article 7 (Seismic Design Standards for Firefighting Systems) |
A person who intends to install firefighting systems prescribed by Presidential Decree in a specific object of fire service prescribed by Presidential Decree among facilities specified in the subparagraphs of Article 14 (1) of the Act on the Preparation for Earthquakes and Volcanic Eruptions shall install firefighting systems in compliance with the seismic design standards determined by the Commissioner of the National Fire Agency so that such firefighting systems can be operated normally in case of an earthquake.
| Article 8 (Performance-Oriented Design) |
| (1) | A person who intends to install firefighting systems in a specific object of fire service (only applicable to a new construction) prescribed by Presidential Decree with the total floor area, height, number of floors, etc. of a certain size or bigger shall create a performance-oriented design. |
| (2) | Where a person who intends to install firefighting systems pursuant to paragraph (1) has created a performance-oriented design, he or she shall file a report with the chief of a fire station having jurisdiction over the construction site or location of the relevant specific object of fire service before applying for building permission under Article 11 of the Building Act. The same shall also apply where it is intended to modify a performance-oriented design reported due to reasons prescribed by Ordinance of the Ministry of the Interior and Safety, such as a change of the total floor area, height, and number of floors, of the relevant specific object of fire service. |
| (3) | Upon receipt of a report or report on modification prescribed in paragraph (2), the chief of a fire station shall review the details thereof and accept such report if it complies with this Act. |
| (4) | Where a person intends to file a report on performance-oriented design or a report on modification thereof pursuant to paragraph (2) and if the relevant specific object of fire service is a building required to undergo a deliberation by a building committee under Article 4-2 of the Building Act, a prior examination shall be conducted on the basic drawings and specifications for the performance-oriented design, by the chief of a fire station having jurisdiction of the construction site or location of the relevant specific object of fire service before such person applies for the deliberation. |
| (5) | Where the chief of a fire station receives a report on performance-oriented design, a report on modification, or an application for prior examination pursuant to paragraph (2) or (4), he or she shall authorize a performance-oriented design evaluation group formed under the National Fire Agency or the competent fire headquarters pursuant to Article 9 (1) to review or evaluate such report or application: Provided, That where advanced technology is required for the review and evaluation of new technology, new construction methods, etc., the chief of a fire station may request the Central Firefighting Technology Deliberative Committee under Article 18 (1) to deliberate thereon. |
| (6) | Where it is deemed necessary to modify or supplement a performance-oriented design as a result of the review and evaluation conducted pursuant to paragraph (5), the chief of a fire station may request a person who has created the performance-oriented design to modify or supplement it, and the person so requested shall comply with such request unless there is good cause. |
| (7) | Except as provided in paragraphs (2) through (6), matters necessary for the procedures and methods, etc. for a report on performance-oriented design, a report on modification, and a prior examination, and the standards for performance-oriented design shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| Article 9 (Performance-Oriented Design Evaluation Group) |
| (1) | A performance-oriented design evaluation group (hereinafter referred to as "evaluation group") shall be formed under the National Fire Agency or a fire headquarters for professional and technical review and evaluation of performance-oriented design. |
| (2) | No current or former member of an evaluation group shall use confidential information learned in the course of performing the duties of the evaluation group, for purposes other than those prescribed in this Act or provide or divulge such information to any other person or institution. |
| (3) | Matters necessary for the composition, operation, etc. of an evaluation group shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| Article 10 (Firefighting Systems Installed in House) |
| (1) | The owners of the following houses shall install firefighting systems prescribed by Presidential Decree, such as fire extinguishers (hereinafter referred to as "residential firefighting systems"): |
| (2) | The State and local governments shall formulate policies necessary to facilitate the installation of residential firefighting systems and the autonomous safety control by the people. |
| (3) | Matters concerning standards for installation of residential firefighting systems and autonomous safety control thereof shall be prescribed by ordinance of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province (hereinafter referred to as "City/Do"). |
| Article 11 (Fire Extinguishers Installed or Carried in Motor Vehicles) |
| (1) | A person who intends to manufacture, assemble, import, or sell any of the following motor vehicles among motor vehicles under Article 3 (1) of the Motor Vehicle Management Act or the owner of the relevant motor vehicle shall install or carry a fire extinguisher for motor vehicles: |
| 1. | A passenger vehicle with at least five seats; |
| 4. | A special purpose motor vehicle. |
| (2) | Standards for installing and carrying fire extinguishers for motor vehicles under paragraph (1) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (3) | Where the Minister of Land, Infrastructure and Transport inspects a motor vehicle pursuant to Article 43 (1) of the Motor Vehicle Management Act, he or she shall check whether fire extinguishers for motor vehicles are installed or carried and shall notify the Commissioner of the National Fire Agency of the results thereof by December 31 each year. |
[Enforcement Date: Dec. 1, 2024] Article 11
SECTION 2 Management of Firefighting Systems Installed in Specific Objects of Fire Service
| Article 12 (Management of Firefighting Systems Installed in Specific Objects of Fire Service) |
| (2) | Where firefighting systems under paragraph (1) fail to be installed or managed in accordance with the fire safety standards, the head of a fire headquarters or chief of a fire station may order an interested party of the relevant specific object of fire service to take necessary measures. |
| (3) | In installing and managing firefighting systems pursuant to paragraph (1), an interested party of a specific object of fire service shall not conduct an act that may cause any trouble in function and performance of the firefighting systems in case of fire, such as closure (including locking; hereinafter the same shall apply) or blocking: Provided, That if necessary for inspection or maintenance of firefighting systems, closure or blocking is permitted. |
| (4) | Where an interested person of a specific object of fire service closes or shuts down a fire-fighting system for inspection and maintenance thereof pursuant to the proviso of paragraph (3), the Commissioner of the National Fire Agency shall prepare and publicly notify guidelines on behavioral know-how necessary to ensure safety. <Newly Inserted on Jan. 3, 2023> |
| (5) | The Commissioner of the National Fire Agency, the head of a fire headquarters, or the chief of a fire station may build and operate a system that can collect and analyze real-time working information, etc. on firefighting systems under paragraph (1) (hereinafter referred to as "firefighting system information management system"). <Amended on Jan. 3, 2023> |
| (6) | The Commissioner of the National Fire Agency, the head of a fire headquarters, or the chief of a fire station shall notify the interested party of the relevant specific object of fire service of the working information referred to in paragraph (5). <Amended on Jan. 3, 2023> |
| (7) | Objects for which a firefighting system information management system is required to be built and operated shall be prescribed by Presidential Decree in consideration of vulnerabilities, etc. of firefighting safety control among the objects subject to fire safety control under the former part of Article 24 (1) of the Act on Fire Prevention and Safety Control; and other matters necessary for the methods of operation, the procedures for notification, etc. shall be prescribed by Ordinance of the Interior and Safety. <Amended on Jan. 3, 2023> |
| Article 13 (Special Exceptions to Firefighting System Standards) |
| (1) | Where the fire safety standards are tightened due to an amendment to the Presidential Decree or the fire safety standards under the former part of Article 12 (1), the head of a fire headquarters or chief of a fire station shall apply the previous Presidential Decree or the previous fire safety standards to firefighting systems of existing specific objects of fire service (including specific objects of fire service under new construction, alteration, reconstruction, relocation, or substantial repair): Provided, That with respect to any of the following firefighting systems, the standards tightened due to an amendment to the Presidential Decree or the fire safety standards may apply: |
| 1. | The following firefighting systems prescribed by Presidential Decree or the fire safety standards: |
| (a) | Fire extinguishing apparatus; |
| (b) | Emergency alarm systems; |
| (c) | Automatic fire detection systems; |
| (d) | Automatic fire signaling systems; |
| (e) | Evacuation and rescue equipment; |
| 2. | Any of the following firefighting systems installed in the following specific objects of fire service prescribed by Presidential Decree or the fire safety standards: |
| (b) | Underground cable tunnels for electricity and telecommunications business; |
| (c) | Facilities for senior citizens and children; |
| (2) | In cases of water spray fire extinguishing equipment, simple sprinkler systems, emergency alarm systems, and emergency broadcasting systems, etc., the function and performance of which are similar, among the firefighting systems which shall be installed in a specific object of fire service, the head of a fire headquarters or chief of a fire station may allow the exemption from installation of similar firefighting systems, as prescribed by Presidential Decree. |
| (3) | Where an existing specific object of fire service is extended or the purpose of use of such object is changed, the head of a fire headquarters or chief of a fire station shall apply the Presidential Decree or the fire safety standards concerning installation of firefighting systems enforced as at the time of extension or change of the purpose of use, as prescribed by Presidential Decree. |
| (4) | Notwithstanding the former part of Article 12 (1), the firefighting systems prescribed by Presidential Decree need not be installed in a specific object of fire service prescribed by Presidential Decree among any of the following specific objects of fire service: |
| 1. | A specific object of fire service with low fire risk; |
| 2. | A specific object of fire service to which it is impracticable to apply the fire safety standards; |
| 3. | A specific object of fire service with a special use or structure to which the fire safety standards shall be applied otherwise; |
| 4. | A specific object of fire service for which an in-house fire brigade is formed under Article 19 of the Safety Control of Hazardous Substances Act. |
| (5) | Where firefighting systems whose design is recognized to adopt unique construction methods in terms of the structures, principles, etc., of such systems are to be installed in a specific object of fire service specified in any subparagraph of paragraph (4), the fire safety standards prescribed in the former part of Article 12 (1) need not be applied after deliberation by the Central Firefighting Technology Deliberative Committee under Article 18 (1). |
| Article 14 (Maintenance of Firefighting Systems Required to Be Installed in Each Special Object of Fire Service) |
| (1) | When prescribing firefighting systems by Presidential Decree pursuant to Article 12 (1), the size and purpose of the relevant specific object of fire service, the number of persons that such object can accommodate, and the characteristics of its users shall be taken into account. |
| (2) | The Commissioner of the National Fire Agency shall revise the regulations on firefighting systems referred to in paragraph (1) at least once every three years so as to effectively reflect the changes in construction circumstances and fire risk peculiarities. |
| (3) | The Commissioner of the National Fire Agency shall formulate an improvement plan for revision referred to in paragraph (2) by systematically researching the changing trend in construction circumstances and fire risk peculiarities. |
| (4) | Matters necessary for performing research referred to in paragraph (3), etc. shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| Article 15 (Installation and Management of Temporary Firefighting Systems in Construction Sites) |
| (1) | A person who performs construction works under subparagraph 4 of Article 2 of the Framework Act on the Construction Industry (hereinafter referred to as "contractor") shall install and manage fire preparedness systems easy to install and dismantle (hereinafter referred to as "temporary firefighting systems") before performing such works prescribed by Presidential Decree (hereinafter referred to as "works with fire risks") as handling flammable items at a construction site for new construction, extension, alteration, reconstruction, relocation, change of the use, substantial repair, or equipment installation, etc., of a specific object of fire service. |
| (2) | Notwithstanding paragraph (1), if a firefighting system installation business entity installs and manages firefighting systems prescribed by Presidential Decree, the functions and performance of which are similar to those of temporary firefighting systems, at a site of works with fire risks in accordance with the fire safety standards, the contractor shall be deemed to have installed and managed temporary firefighting systems. |
| (3) | Where temporary firefighting systems or firefighting systems are neither installed nor managed under paragraph (1) or (2), the head of a fire headquarters or chief of a fire station may order the relevant contractor to take necessary measures. |
| (4) | Matters necessary for the types and sizes of works that are required to install temporary firefighting systems under paragraph (1) and the types of temporary firefighting systems shall be prescribed by Presidential Decree, and the standards for the installation and management of temporary firefighting systems shall be determined and publicly notified by the Commissioner of the National Fire Agency. |
| Article 16 (Management of Evacuation Facilities, Fire Compartments, and Fire Prevention Facilities) |
| (1) | No interested party of a specific object of fire service shall engage in the following acts with respect to evacuation facilities, firefighting compartments, and fire prevention facilities under Article 49 of the Building Act, unless there is good cause: |
| 1. | Closing or destroying evacuation facilities, firefighting compartments, and fire prevention facilities; |
| 2. | Piling up articles or installing obstacles around evacuation facilities, firefighting compartments, and fire prevention facilities; |
| 4. | Changing evacuation facilities, firefighting compartments, or fire prevention facilities. |
| (2) | Where an interested party of a specific object of fire service performs an act specified in any subparagraph of paragraph (1), the head of a fire headquarters or chief of a fire station may order such party to take measures necessary for the management of evacuation facilities, firefighting compartments, and fire prevention facilities. |
| Article 17 (Durable Years of Firefighting Appliances) |
| (1) | An interested party of a specific object of fire service shall replace a firefighting appliance, the durable years of which have passed. In such cases, necessary matters concerning the kinds of firefighting appliances, the durable years of which are required to be determined, and the number of durable years thereof shall be prescribed by Presidential Decree. |
| (2) | Notwithstanding paragraph (1), where the performance of a firefighting appliance is verified in accordance with the procedures and methods prescribed by Ordinance of the Ministry of the Interior and Safety, the period of use of such appliance may be extended. |
| Article 18 (Firefighting Technology Deliberative Committee) |
| (1) | A Central Firefighting Technology Deliberative Committee (hereinafter referred to as the “Central Committee”) shall be established under the National Fire Agency to deliberate on the following matters: |
| 1. | Matters concerning the fire safety standards; |
| 2. | Matters concerning the design and the construction of firefighting systems that adopt unique construction methods in terms of the structures, principles, etc. of such systems; |
| 3. | Matters concerning the methods of design of firefighting systems and supervision over installation thereof; |
| 4. | Matters concerning the criteria for making determination on whether any defect exists in firefighting system installation; |
| 5. | Matters requested for deliberation by the Central Committee, as cases where high technology is required for the review and evaluation of new technology, new construction methods, etc. pursuant to the proviso of Article 8 (5); |
| 6. | Other matters prescribed by Presidential Decree concerning firefighting technology, etc. |
| (2) | In order to deliberate on the following matters, a regional firefighting technology deliberative committee (hereinafter referred to as "regional committee") shall be established under each City/Do: |
| 1. | Matters concerning making determinations on whether any defect exists in firefighting systems; |
| 2. | Other matters prescribed by Presidential Decree concerning firefighting technology, etc. |
| (3) | Matters necessary for the composition, operation, etc. of the Central Committee and regional committees shall be prescribed by Presidential Decree. |
| Article 19 (Management and Implementation of Fire Safety Standards) |
In order to efficiently manage and implement the fire safety standards, the Commissioner of the National Fire Agency shall perform the following affairs:
| 1. | Establishment, amendment, and implementation of the fire safety standards; |
| 2. | Research for, and development and dissemination of, the fire safety standards; |
| 3. | Verification and evaluation of the fire safety standards; |
| 4. | Establishment of an information system for the fire safety standards; |
| 5. | Education and publicity on the fire safety standards; |
| 6. | Survey on and analysis of the trend of institutions and policies on overseas fire safety standards; |
| 7. | International cooperation for developing the fire safety standards; |
| 8. | Other matters prescribed by Presidential Decree for the improvement of the fire safety standards. |
SECTION 3 Flame Retardation
| Article 20 (Flame Retardation of Specific Objects of Fire Service) |
| (1) | Objects prescribed by Presidential Decree which are installed at, or attached to, a specific object of fire service prescribed by Presidential Decree for the purpose of interior decoration, etc. (hereinafter referred to as "objects required to be flame retardant") shall meet or exceed the standards of flame retardation performance. |
| (2) | When objects required to be flame retardant fail to meet the standards of flame retardation performance under paragraph (1) or fail to undergo a flame retardation performance test under Article 21 (1), the head of a fire headquarters or chief of a fire station may order an interested party of the relevant specific object of fire service to take necessary measures, such as removing such objects or undergoing a flame retardation performance test. |
| (3) | Standards for flame retardation performance under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 21 (Test of Flame Retardation Performance) |
| (1) | Objects required to be flame retardant that are used for a specific object of fire service under Article 20 (1) shall be those which have undergone a flame retardation performance test conducted by the Commissioner of the National Fire Agency: Provided, That objects required to be flame retardant that are prescribed by Presidential Decree shall be those which have undergone a flame retardation performance test conducted by the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as a "Mayor/Do Governor"). |
| (3) | Matters necessary for the methods of flame retardation performance tests under paragraph (1), placing pass labels depending on the results of such tests, and other relevant matters shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
CHAPTER III IN-HOUSE INSPECTION ON FIREFIGHTING SYSTEMS
| Article 22 (In-House Inspection on Firefighting Systems) |
| (1) | An interested party of a specific object of fire service shall conduct an in-house inspection, within the periods classified as follows or shall entrust a management business entity whose inspection capability is evaluated pursuant to Article 34 or a qualified technical expert prescribed by Ordinance of the Ministry of the Interior and Safety (hereinafter referred to as "management business entity, etc.") to conduct a regular inspection (hereinafter referred to as "in-house inspection"), with respect to whether firefighting systems, etc. established in the relevant specific object have been established and managed in compliance with?this Act or an order, etc. issued under this Act; in such cases, where a management business entity, etc. has conducted an inspection, such entity shall submit the inspection results to the interested party, as prescribed by Ordinance of the Ministry of the Interior and Safety: |
| 1. | Where firefighting facilities, etc. of the relevant specific object of fire service are newly installed: 60 days from the date the relevant building becomes usable pursuant to Article 22 of the Building Act; |
| 2. | Cases other than those falling under subparagraph 1: The period prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (2) | Matters to be observed in the course of an in-house inspection, such as the classification and objects of an in-house inspection, the standards for posting inspection personnel, the qualifications of inspectors, the inspection equipment, and the methods and frequency of an inspection, shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (3) | Where a management business entity, etc. is entrusted with an in-house inspection pursuant to paragraph (1), such entity shall be reimbursed for the inspection in an amount calculated by a method prescribed by Ordinance of the Ministry of the Interior and Safety under the standards for the calculation of prices for engineering projects under Article 31 of the Engineering Industry Promotion Act. |
| (4) | Notwithstanding paragraph (3), where the Commissioner of the National Fire Agency deems it necessary to secure the quality of an in-house inspection on firefighting systems, etc., he or she may determine and announce an amount to be a standard for expenses for in-house inspection (hereinafter referred to as "standard expenses for in-house inspection") to be borne by an interested party depending on the size of a specific object of fire service, the types of firefighting systems, etc., and inspection personnel, etc.; or may recommend a management business entity, etc., to utilize such amount as a standard price for in-house inspection on firefighting systems, etc. |
| (5) | Matters necessary for the methods of announcement of standard expenses for in-house inspection shall be determined and publicly notified by the Commissioner of the National Fire Agency. |
| (6) | Where it is impractical to conduct an in-house inspection due to an act of God or other grounds prescribed by Presidential Decree, an interested party may file an application for exemption from or postponement of such inspection with the head of a fire headquarters or chief of a fire station, as prescribed by Presidential Decree. In such cases, the head of the fire headquarters or chief of the fire station shall decide whether to approve the application for such exemption or postponement and shall notify the interested party of the result thereof. |
| Article 23 (Measures to Be Taken Based on Results of In-House Inspection on Firefighting Systems) |
| (1) | Where a serious violation prescribed by Presidential Decree (hereafter in this Article referred to as "serious violation"), such as a fire pump malfunction, is found as a result of an in-house inspection referred to in Article 22 (1), an interested party of the relevant specific object of fire service shall take necessary measures, such as repair, without delay. |
| (2) | Where a serious violation is found as a result of an in-house inspection, a management business entity, etc. shall notify the relevant interested party thereof. In such cases, the interested party shall take necessary measures, such as repair, without delay. |
| (3) | Where an interested party of a specific object of fire service has conducted an in-house inspection pursuant to Article 22 (1), he or she shall report the results of such inspection to the head of a fire headquarters or chief of a fire station, along with an implementation plan concerning the repair, replacement, and maintenance of firefighting systems, etc. (including measures to be taken against serious violations; hereafter in this Article, the same shall apply), as prescribed by Ordinance of the Ministry of the Interior and Safety. In such cases, where the results of the inspection or the implementation plan is deemed inappropriate, the head of the fire headquarters or chief of the fire station may require the interested party to supplement it. |
| (4) | An interested person of a specific object of fire service shall complete an implementation plan under paragraph (3) within a specified period, as prescribed by Ordinance of the Ministry of the Interior and Safety, and shall report the results of completion of such implementation plan to the head of a fire headquarters or chief of a fire station. In such cases, where it is deemed that the results of the completion of the implementation plan are prepared falsely or falsified, the head of the fire headquarters or the chief of the fire station may visit the relevant specific object of fire service to check whether the implementation plan is completed. |
| (5) | Notwithstanding paragraph (4), where it is impracticable to complete an implementation plan under paragraph (3) due to an act of God or other grounds prescribed by Presidential Decree, an interested party of a specific object of fire service may file an application for postponement of the completion of such implementation plan with the head of a fire headquarters or the chief of a fire station, as prescribed by Presidential Decree. In such cases, the head of the fire headquarters or the chief of the fire station shall decide whether to approve the application for such postponement and shall notify the interested party of the results thereof. |
| (6) | Where an interested party fails to complete an implementation plan under paragraph (4), the head of a fire headquarters or the chief of a fire station may order the interested party to take necessary measures, and the interested party shall comply therewith. |
| Article 24 (Posting of Inspection Record Sheet) |
| (1) | An interested party who has completed a report of the results of an in-house inspection pursuant to Article 23 (3) shall record matters related to the in-house inspection, such as a management business entity, etc., the date of inspection, and an inspector, in an inspection record sheet and shall post it at a place readily visible to persons entering the relevant specific object of fire service. In such cases, matters necessary for recording inspection record sheets, etc. shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (2) | The head of a fire headquarters or the chief of a fire station may disclose the following matters to the public through the computerized system under Article 48 or on a website; in such cases, necessary matters, such as procedures and methods for, and period of, disclosure, shall be prescribed by Presidential Decree: |
| 1. | The period and the inspector of an in-house inspection; |
| 2. | Information on a specific object of fire service and the results of an in-house inspection; |
| 3. | Other matters deemed necessary by the head of a fire headquarters or the chief of a fire station for the safety of many unspecified persons using a specific object of fire service. |
CHAPTER IV FIREFIGHTING SYSTEM MANAGERS AND FIREFIGHTING SYSTEM MANAGEMENT BUSINESS
SECTION 1 Firefighting System Managers
| Article 25 (Firefighting System Managers) |
| (1) | A person who intends to be a firefighting system manager (hereinafter referred to as "manager") shall pass a manager examination administered by the Commissioner of the National Fire Agency. |
| (2) | Eligibility to take a manager examination under paragraph (1), the methods of administering such examination, the subjects of such examination, examiners, and other matters necessary for administering such examination shall be prescribed by Presidential Decree. |
| (3) | No person who falls under any ground for disqualification under Article 27 as of the date the final successful applicants for a manager examination are announced may apply for a manager examination. |
| (4) | Persons prescribed by Presidential Decree, such as firefighting engineers, may be exempt from some subjects of a manager examination under paragraph (2), as prescribed by Presidential Decree. |
| (5) | The Commissioner of the National Fire Agency shall issue a certificate of firefighting system manager to a person who has passed a manager examination under paragraph (1), as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (6) | A person issued with a certificate of firefighting system manager under paragraph (5) may, where the certificate is lost or damaged, have it reissued as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (7) | No manager shall lend or borrow a certificate of firefighting system manager issued or reissued under paragraph (5) or (6) to or from any other person, and shall also help any other person to commit such act. |
| (8) | No manager shall be employed by two or more enterprises at the same time. |
| (9) | A qualified technical expert under Article 22 (1) and a manager registered as technical personnel for management business pursuant to Article 29 (2) shall faithfully conduct an in-house inspection in accordance with this Act and an order issued under this Act. |
| Article 26 (Sanctions for Persons Who Cheat) |
Where an applicant cheats on an examination, the Commissioner of the National Fire Agency shall declare his or her examination paper null and void and shall suspend his or her eligibility to take an examination for two years from the date the relevant disposition is taken.
| Article 27 (Grounds for Disqualification of Managers) |
None of the following persons shall become a manager:
| 1. | A person under adult guardianship; |
| 4. | A person for whom two years have not elapsed since his or her qualification was revoked pursuant to Article 28 (excluding where his or her qualification is revoked because he or she falls under subparagraph 1 of this Article). |
| Article 28 (Revocation or Suspension of Qualification) |
Where a manager falls under any of the following cases, the Commissioner of the National Fire Agency may revoke his or her qualification or order the suspension of such qualification for a fixed period not exceeding one year, as prescribed by Ordinance of the Ministry of the Interior and Safety: Provided, That in the case of subparagraph 1, 4, 5, or 7, such qualification shall be revoked:
| 1. | Where a manager has passed an examination by fraud or other improper means; |
| 3. | Where a manager has failed to conduct an inspection under Article 22 or has conducted a false inspection; |
| 4. | Where a manager has lent a certificate of firefighting system manager to another person, in violation of Article 25 (7); |
| 5. | Where a manager has been employed by two or more enterprises at the same time, in violation of Article 25 (8); |
| 6. | Where a manager has failed to faithfully conduct an in-house inspection, in violation of Article 25 (9); |
| 7. | Where a manager has fallen under the grounds for disqualification specified in any subparagraph of Article 27. |
SECTION 2 Firefighting System Management Business
| Article 29 (Registration of Firefighting System Management Business) |
| (1) | A person who intends to engage in the business of inspecting and managing firefighting systems, etc. or a person who intends to vicariously perform fire safety control duties under Article 25 of the Act on Fire Prevention and Safety Control shall file for registration of firefighting system management business (hereinafter referred to as "management business") for each type of business prescribed by Presidential Decree, with the competent Mayor/Do Governor. |
| (2) | Matters necessary for the registration criteria, scope of business, etc. of management business under paragraph (1), such as technical personnel for each type of business, shall be prescribed by Presidential Decree. |
| (3) | An application for registration of management business, an application for the issuance and reissuance of a registration certificate or registration pocketbook, and other matters necessary for registration of management business shall be prescribed by Ordinance of the Ministry of Interior and Safety. |
| Article 30 (Grounds for Disqualification from Filing for Registration) |
None of the following persons shall file for registration of management business:
| 1. | A person under adult guardianship; |
| 4. | A person for whom two years have not elapsed since his or her registration of management business was revoked pursuant to Article 35 (1) (excluding where his or her registration was revoked because he or she falls under subparagraph 1); |
| 5. | A corporation whose executive officer falls under any of subparagraphs 1 through 4. |
| Article 31 (Reporting on Modification in Registered Matters) |
Where an important matter prescribed by Ordinance of the Ministry of the Interior and Safety, among the matters registered pursuant to Article 29, is modified, a management business entity (referring to a person who has filed for registration of management business; hereinafter the same shall apply) shall report the modified matter to the competent Mayor/Do Governor, as prescribed by Ordinance of the Ministry of the Interior and Safety.
| Article 32 (Succession to Status of Management Business Entity) |
| (1) | Any of the following persons shall succeed to the status of the preceding management business entity: |
| 1. | In cases where a management business entity dies, his or her successor; |
| 2. | In cases where a management business entity transfers his or her business, a person who acquires business by transfer; |
| 3. | In cases where a management business entity that is a corporation merges, a corporation which survives the merger or is incorporated by the merger. |
| (3) | A person who has succeeded to the status of the preceding firefighting system business entity pursuant to paragraph (1) or (2), shall report thereon to the competent Mayor/Do Governor, as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (4) | Article 30 shall apply mutatis mutandis to grounds for disqualification of a person who has succeeded to the status pursuant to 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 or she succeeds to the status. |
| Article 33 (Operation of Management Business) |
| (1) | A management business entity shall inspect or manage firefighting systems, etc. in compliance with this Act or an order, etc. issued under this Act. |
| (2) | No management business entity shall lend or borrow a registration certificate or registration pocketbook of management business to or from any other person and shall also help any other person to commit such act. |
| (3) | Where a management business entity falls under any of the following cases, he or she shall without delay notify such fact to an interested party of a specific object of fire service who has him or her vicariously perform safety control duties under Article 25 of the Act on Fire Prevention and Safety Control or conduct an inspection on firefighting systems, etc. under Article 22 (1): |
| 1. | Where he or she succeeds to the status of a management business entity under Article 32; |
| 2. | Where he or she is subject to a disposition of registration revocation of, or suspension of, management business under Article 35 (1); |
| 3. | Where he or she suspends or closes his or her business. |
| (4) | When a management business entity conducts an in-house inspection pursuant to Article 22 (1) and (2) or vicariously performs fire safety control duties under Article 25 of the Act on Fire Prevention and Safety Control, such entity shall have his or her technical personnel participate in such inspection or such duties, as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (5) | No management business entity who is subject to a disposition of registration revocation or business suspension under Article 35 (1) shall vicariously perform fire safety control duties or conduct an inspection on firefighting systems, etc. from the date of such disposition: Provided, That in cases of a disposition of business suspension, when a contract for work is not terminated, such entity may vicariously perform fire safety control duties or conduct an in-house inspection, for a specific object of fire service under vicarious performance or inspection. |
| Article 34 (Evaluation and Publication of Inspection Capability) |
| (1) | The Commissioner of the National Fire Agency shall comprehensively evaluate and publish the inspection capability of a management business entity upon application of such entity, in order to enable an interested party of a specific object of fire service to select an appropriate management business entity. |
| (2) | A management business entity that intends to apply for the evaluation of inspection capability pursuant to paragraph (1) shall submit a document, etc. attesting the inspection performance of firefighting systems, etc. to the Commissioner of the National Fire Agency, as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (3) | Matters necessary for the evaluation and publication methods of inspection capability under paragraph (1), fees therefor, etc. shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (4) | The Commissioner of the National Fire Agency may establish and operate a database on necessary matters, such as technical personnel, possession of equipment, performance of inspections, and records of administrative dispositions of a management business entity, in order to evaluate the inspection capability under paragraph (1). |
| Article 35 (Revocation of Registration and Suspension of Business) |
| (1) | A Mayor/Do Governor may revoke the registration of a management business entity or may order such entity to make correction or to suspend his or her business for a fixed period not exceeding six months in any of the following cases: Provided, That the registration shall be revoked in the case of subparagraph 1, 4, or 5: |
| 1. | Where he or she has filed for registration by fraud or other improper means; |
| 2. | Where he or she fails to conduct an inspection under Article 22 or conducts a false inspection; |
| 3. | Where he or she ceases to meet the registration criteria under Article 29 (2); |
| 4. | Where he or she falls under any ground for disqualification specified in the subparagraphs of Article 30: Provided, That this shall not apply where a corporation falling under subparagraph 5 of Article 30 replaces the relevant executive officer with an executive officer who has no ground for disqualification within two months from the date such corporation has fallen under a ground for disqualification; |
| 5. | Where he or she has lent a certificate of registration or a registration pocketbook to any other person, in violation of Article 33 (2); |
| 6. | Where he or she conducts an in-house inspection without undergoing an evaluation of his or her inspection capability under Article 34 (1). |
| (2) | Where a successor who has succeeded to the status of a management business entity under Article 32 falls under any subparagraph of Article 30, paragraph (1) 4 shall not apply for six months from the date he or she commences succession. |
| Article 36 (Disposition of Penalty Surcharges) |
| (1) | Where a Mayor/Do Governor orders the suspension of business under Article 35 (1) and such suspension of business is likely to cause serious inconvenience to users or to be detrimental to the public interest, the Mayor/Do Governor may impose a penalty surcharge not exceeding 30 million won in lieu of the disposition of the suspension of business. |
| (2) | The amount of a penalty surcharge imposed pursuant to paragraph (1) depending on the type and severity of a violation, etc. and other necessary matters shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (4) | Where necessary to impose a penalty surcharge under paragraph (1), a Mayor/Do Governor may request the head of the competent tax agency to provide taxation information under Article 81-13 of the Framework Act on National Taxes by submitting a document stating the following: |
| 1. | The personal information on a taxpayer; |
| 2. | The purpose of use of the taxation information; |
| 3. | The sales based on which the penalty surcharge is imposed. |
CHAPTER V QUALITY CONTROL OF FIREFIGHTING APPLIANCES
| Article 37 (Type Approval of Firefighting Appliances) |
| (1) | A person who intends to manufacture or import firefighting appliances prescribed by Presidential Decree shall obtain type approval from the Commissioner of the National Fire Agency: Provided, That this shall not apply to firefighting appliances manufactured or imported for the purpose of research and development. |
| (2) | A person who intends to obtain type approval under paragraph (1) shall be equipped with testing facilities for type approval in accordance with the standards prescribed by Ordinance of the Ministry of the Interior and Safety and shall undergo an examination conducted by the Commissioner of the National Fire Agency: Provided, That in cases prescribed by Ordinance of the Ministry of the Interior and Safety, such as where a person imports firefighting appliances not for sale but for directly installing them in his or her own building or for his or her own use, he or she need not be equipped with testing facilities. |
| (3) | A person who has obtained type approval under paragraphs (1) and (2) shall undergo a product inspection on the relevant firefighting appliance conducted by the Commissioner of the National Fire Agency. |
| (4) | Matters necessary for the methods, procedures, etc. for type approval under paragraph (1) and the classification, the methods, the order, the pass labels, etc., of product inspections under paragraph (3) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (5) | Matters necessary for the technical standards, etc. for type approval and product inspections on appearance, structure, material, components, performance, etc. (hereinafter referred to as "appearance, etc.") of firefighting appliances shall be determined and publicly notified by the Commissioner of the National Fire Agency. |
| (6) | No person shall sell any of the following firefighting appliances, display them for sale, or use them for firefighting system installation works: |
| 1. | Firefighting appliances which are not type-approved; |
| 2. | Firefighting appliances, appearance, etc. of which has been changed arbitrarily; |
| 3. | Firefighting appliances which have failed to undergo a product inspection or those without a pass label. |
| (7) | The Commissioner of the National Fire Agency, the head of a fire headquarters, or the chief of a fire station may order a manufacturer, an importer, a seller, or a contractor to take necessary measures prescribed by Ordinance of the Ministry of the Interior and Safety, such as recall, discarding, or replacement of firefighting appliances that violate paragraph (6). |
| (8) | In cases of firefighting appliances with new technology in terms of working functions, the methods of manufacture, the components, etc. which is not in compliance with the technical standards for type approval and product inspections publicly notified by the Commissioner of the National Fire Agency under paragraph (5), the Commissioner of the National Fire Agency may, after evaluation of relevant experts, grant type approval of such appliances by methods and procedures that are different from those referred to in paragraph (4), as prescribed by Ordinance of the Ministry of the Interior and Safety; and new technology products recognized by an authorized foreign institution may be type-approved even after undergoing only part of the tests for type approval. |
| (9) | In cases of obtaining the results of evaluation conducted by an accredited institution on the content of type approval of any of the following firefighting appliances, type approval may be granted and a product inspection may be conducted, by applying only part of tests on type approval and a product inspection: |
| 2. | Firefighting appliances used in foreign diplomatic and consular missions to the Republic of Korea or in units of foreign military forces to the Republic Korea; |
| 3. | Firefighting appliances agreed upon in advance, which are used for construction works conducted by virtue of a foreign loan or under a convention, etc. between the Republic of Korea and any other State; |
| 4. | Other firefighting appliances deemed by the Commissioner of the National Fire Agency to be used for any special purpose. |
| (10) | Where, with respect to any one firefighting appliance, two or more items subject to type approval are combined with each other, or an item subject to type approval and an item subject to performance certification are combined with each other, one single type approval may be granted after conducting tests for type approval of such two or more items together or after conducting a test for type approval and a test for performance certification together. |
| (11) | Matters necessary for the methods, procedures, etc. for type approval under paragraphs (9) and (10) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| Article 38 (Modification of Type Approval) |
| (1) | Where a person who has obtained type approval under Article 37 (1) and (10) intends to partially modify the appearance, etc. of the relevant firefighting appliance, he or she shall obtain approval for modification from the Commissioner of the National Fire Agency. |
| (2) | Matters necessary for the objects and classification of, and the methods, and procedures, etc. for, approval for modification under paragraph (1) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| Article 39 (Revocation of Type Approval) |
| (1) | Where a person who has obtained type approval of a firefighting appliance or has undergone a product inspection thereon falls under any of the following cases, the Commissioner of the National Fire Agency may revoke such type approval or order the suspension of a product inspection thereon for a fixed period not exceeding six months, as prescribed by Ordinance of the Ministry of the Interior and Safety: Provided, That in the case of subparagraph 1, 3, or 5, the type approval of the relevant firefighting appliance shall be revoked: |
| 1. | Where he or she has obtained type approval under Article 37 (1) and (10) by fraud or other improper means; |
| 2. | Where his or her testing facilities fail to meet the standards for testing facilities under Article 37 (2); |
| 3. | Where he or she has undergone a product inspection under Article 37 (3) by fraud or other improper means; |
| 4. | Where his or her product fails to meet the technical standards under Article 37 (5) when undergoing a product inspection; |
| 5. | Where he or she has failed to obtain approval for modification under Article 38 or has obtained approval for modification by fraud or other improper means. |
| (2) | No person for whom type approval of a firefighting appliance has been revoked under paragraph (1) shall obtain type approval of the same item as the firefighting appliance, within two years from the date of such revocation. |
| Article 40 (Performance Certification of Firefighting Appliances) |
| (1) | Upon receipt of a request from a manufacturer or an importer, the Commissioner of the National Fire Agency may grant performance certification of firefighting appliances. |
| (2) | A person who has obtained performance certification under paragraph (1) shall undergo a product inspection on the relevant firefighting appliances from the Commissioner of the National Fire Agency. |
| (3) | Matters concerning firefighting appliances subject to performance certification under paragraph (1), the application and methods of such performance certification, and the issuance of performance certificates; in addition to matters necessary for the classification, procedures, methods, indication of pass, and fees of product inspections under paragraph (2), firefighting appliances subject to such product inspections, etc. shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (4) | Matters necessary for the technical standards, etc. for performance certification under paragraph (1) and for product inspections under paragraph (2) shall be determined and publicly notified by the Commissioner of the National Fire Agency. |
| (5) | No firefighting appliance that fails to pass a product inspection under paragraph (2) shall bear the mark of performance certification or the pass label of the product inspection; and no firefighting appliance that fails to undergo a product inspection or fails to bear the pass label shall be sold or displayed for sale or shall be used for any firefighting system installation works. |
| (6) | With respect to any one firefighting appliance, where two or more items subject to performance certification are combined with each other, one single performance certification may be granted after conducting all tests for performance certification of such two or more items. |
| (7) | Matters necessary for the methods, procedures, etc. for performance certification under paragraph (6) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| Article 41 (Modification of Performance Certification) |
| (1) | Where a person who has obtained performance certification under Article 40 (1) and (6) intends to modify a part of the appearance, etc. of the relevant firefighting appliance, he or she shall obtain certification of modification from the Commissioner of the National Fire Agency. |
| (2) | Matters necessary for firefighting appliances subject to approval for modification under paragraph (1), and the classification of, and methods, procedures, etc. for such certification of modification shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| Article 42 (Revocation of Performance Certification) |
| (1) | Where a person who has obtained performance certification of a firefighting appliance or has undergone a product inspection thereon falls under any of the following cases, the Commissioner of the National Fire Agency may revoke performance certification of such firefighting appliance or may order the suspension of a product inspection on the relevant firefighting appliance for a fixed period not exceeding six months, as prescribed by Ordinance of the Ministry of the Interior and Safety: Provided, That in the case of subparagraph 1, 2, or 5, performance certification of the relevant firefighting appliance shall be revoked: |
| 1. | Where he or she has obtained performance certification under Article 40 (1) and (6) by fraud or other improper means; |
| 2. | Where he or she has undergone a product inspection under Article 40 (2) by fraud or other improper means; |
| 3. | Where his or her product falls short of the technical standards under Article 40 (4) as a result of a product inspection; |
| 5. | Where he or she has modified a part of the appearance, etc. of the relevant firefighting appliance without obtaining certification of modification pursuant to Article 41 or has obtained certification of modification by fraud or other improper means. |
| (2) | No person for whom performance certification of a firefighting appliance is revoked pursuant to paragraph (1) shall obtain performance certification of the same item as the firefighting appliance, within two years from the date of such revocation. |
| Article 43 (Certification of Excellent Quality Products) |
| (1) | The Commissioner of the National Fire Agency may grant certification (hereinafter referred to as "excellent quality certification") to firefighting appliances the quality of which is recognized as excellent, among those subject to type approval under Article 37. |
| (2) | A person who intends to obtain excellent quality certification shall file an application with the Commissioner of the National Fire Agency, as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (3) | An excellent quality certification mark may be placed on a firefighting appliance to which excellent quality certification is granted. |
| (4) | The period of validity of excellent quality certification shall be prescribed by Ordinance of the Ministry of the Interior and Safety, not exceeding five years. |
| (5) | The Commissioner of the National Fire Agency may revoke excellent quality certification in any of the following cases: Provided, That in the case of subparagraph 1, excellent quality certification shall be revoked: |
| 1. | Where excellent quality certification has been obtained by fraud or other improper means; |
| 2. | Where a product to which excellent quality certification was granted is deemed to have infringed on a third person's rights, such as industrial property rights defined in subparagraph 4 of Article 2 of the Invention Promotion Act. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for excellent quality certification, such as the technical standards for excellent quality certification, the evaluation of quality control of products, the renewal of excellent quality certification, fees, and the certification mark, shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| Article 44 (Support for Firefighting Appliances with Excellent Quality Certification) |
Where any of the following agencies or organizations is required to change or newly keep firefighting appliances due to new construction, extension, or alteration of a building, it shall endeavor to preferentially purchase and use firefighting appliances with excellent quality certification:
| 1. | Central administrative agencies; |
| 4. | Other institutions prescribed by Presidential Decree. |
| Article 45 (Collection and Inspection of Firefighting Appliances after Product Inspection) |
| (1) | The Commissioner of the National Fire Agency may collect and inspect firefighting appliances distributed in the market if deemed necessary for quality control of firefighting appliances. |
| (2) | With respect to firefighting appliances recognized as having material defects prescribed by Ordinance of the Ministry of the Interior and Safety as a result of the collection and inspection under paragraph (1), the Commissioner of the National Fire Agency may order their manufacturer and importer to recall, exchange, discard, or suspend the sale of, them as prescribed by Ordinance of the Ministry of the Interior and Safety and may revoke their type approval or performance certification. |
| (3) | Where a manufacturer or importer is issued with an order to recall, exchange, discard, or suspend the sale of, firefighting appliances pursuant to paragraph (2) and the relevant firefighting appliances have been already sold and used, he or she shall inform a buyer of such fact and take necessary measures, such as recall or exchange, as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (4) | Where the Commissioner of the National Fire Agency issues an order to recall, exchange, discard, or suspend the sale of, firefighting appliances pursuant to paragraph (2) or revokes their type approval or performance certification, he or she shall publicly announce such fact on the website of the National Fire Agency, etc., as prescribed by Ordinance of the Ministry of the Interior and Safety. |
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 46 (Designation of Specialized Product Inspection Institutions) |
| (1) | To conduct product inspections under Articles 37 (3) and 40 (2) in a professional and efficient manner, the Commissioner of the National Fire Agency may designate an institution that meets all of the following requirements as a specialized institution for product inspections (hereinafter referred to as "specialized institution"): |
| 1. | It shall be any of the following institutions: |
| (c) | A non-profit corporation, the main business of which is to conduct testing, inspections, and research of firefighting appliances; |
| 3. | It shall be equipped with human resources and facilities for inspection prescribed by Ordinance of the Ministry of the Interior and Safety; |
| 4. | Its representative shall not fall under any of subparagraphs 1 through 3 of Article 27; |
| 5. | Where its designation as a specialized institution was revoked pursuant to Article 47, two years shall have elapsed from the date of such revocation. |
| (2) | Matters necessary for the methods, procedures, etc. for designating specialized institutions shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (3) | Where the Commissioner of the National Fire Agency designates a specialized institution pursuant to paragraph (1), he or she may attach necessary conditions, including bearing costs for quality improvement of firefighting appliances, technology development for product inspections, etc. In such cases, such conditions shall be limited to the minimum required for promotion of public interests without any unfair obligation. |
| (4) | A specialized institution shall report the current status of conducting product inspections to the Commissioner of the National Fire Agency, as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (5) | Where the Commissioner of the National Fire Agency has designated a specialized institution, he or she may evaluate product inspections of the specialized institution, as prescribed by Ordinance of the Ministry of the Interior and Safety, and may conduct a confirmation inspection on firefighting appliances that have undergone a product inspection. |
| (6) | Where the Commissioner of the National Fire Agency conducts an evaluation of a specialized institution or conducts a confirmation inspection pursuant to paragraph (5), he or she may publicly announce the results of such evaluation or confirmation inspection, as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (7) | In conducting a confirmation inspection under paragraph (5), the Commissioner of the National Fire Agency may require a specialized institution to bear expenses incurred in conducting such inspection, as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| Article 47 (Revocation of Designation of Specialized Institutions) |
Where a specialized institution falls under any of the following cases, the Commissioner of the National Fire Agency may revoke its designation or issue an order to suspend its business operation for a fixed period not exceeding six months: Provided, That in the case of subparagraph 1, the designation shall be revoked:
| 1. | Where it is designated by fraud or other improper means; |
| 2. | Where it has failed to conduct the designated affairs, such as a product inspection or in-service training, for at least one year without good cause; |
| 3. | Where it fails to meet the requirements under the subparagraphs of Article 46 (1) or it has violated the conditions under Article 46 (3); |
| 4. | Where it is deemed inappropriate to conduct duties of a specialized institution because it has violated this Act or other statutes or regulations as a result of the supervision under Article 52 (1) 7. |
| Article 48 (Establishment and Operation of Computerized Systems) |
| (1) | The Commissioner of the National Fire Agency, the head of a fire headquarters, or the chief of a fire station shall establish and operate a computerized system that includes the following information for systematic safety control of specific objects of fire service: |
| 1. | Management and utilization of the drawings submitted under Article 6 (3); |
| 2. | Management and utilization of the results of in-house inspections reported under Article 23 (3); |
| 3. | Management and utilization of other materials deemed necessary by the Commissioner of the National Fire Agency, the head of a fire headquarters, or the chief of a fire station. |
| (2) | The Commissioner of the National Fire Agency, the head of a fire headquarters, or the chief of a fire station may request the head of a relevant administrative agency to submit materials or provide information necessary to establish and operate a computerized system under paragraph (1). In such cases, the head of the relevant administrative agency requested to submit materials or provide information shall comply with such request in the absence of good cause. |
Where the Commissioner of the National Fire Agency or a Mayor/Do Governor intends to make any of the following dispositions, he or she shall hold a hearing:
| 1. | Revocation or suspension of qualification for a manager under Article 28; |
| 2. | Revocation of registration of management business or suspension of business under Article 35 (1); |
| 3. | Revocation of type approval of firefighting appliances or suspension of product inspections thereon under Article 39; |
| 4. | Revocation of performance certification under Article 42; |
| 5. | Revocation of excellent quality certification under Article 43 (5); |
| 6. | Revocation of designation of a specialized institution or suspension of its business under Article 47. |
| Article 50 (Delegation or Entrustment of Authority or Affairs) |
| (1) | Part of the authority of the Commissioner of the National Fire Agency or a Mayor/Do Governor under this Act may be delegated to the head of an agency under his or her jurisdiction, a Mayor/Do Governor, the head of a fire headquarters, or the chief of a fire station, as prescribed by Presidential Decree. |
| (2) | The Commissioner of the National Fire Agency may entrust the following duties to the Korea Fire Institute under Article 14 of the Firefighting Industry Promotion Act (hereinafter referred to as the "Fire Institute"); in such cases, the Commissioner of the National Fire Agency may subsidize the Fire Institute for some of expenses incurred in technical development, research, etc. for firefighting systems and firefighting appliances: |
| 1. | A test prescribed by Presidential Decree, among flame retardation performance tests under Article 21; |
| 2. | Type approval of firefighting appliances under Article 37 (1), (2), and (8) through (10); |
| 3. | Approval for modification of type approval under Article 38; |
| 4. | Revocation of type approval under Article 39 (1); |
| 5. | Performance certification under Article 40 (1) and (6) and revocation of performance certification under Article 42; |
| 6. | Certification of modification of performance certification under Article 41; |
| 7. | Excellent quality certification and revocation thereof under Article 43. |
| (3) | The Commissioner of the National Fire Agency may entrust the Fire Institute or a specialized institution with product inspection duties under Articles 37 (3) and 40 (2). |
| (4) | Matters necessary for the standards for facilities, etc. which the Fire Institute or a specialized institution performing the duties entrusted pursuant to paragraphs (2) and (3) shall have, shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (5) | The Commissioner of the National Fire Agency may entrust a corporation or organization related to firefighting technology with the following duties, as prescribed by Presidential Decree: |
| 1. | Calculation and publication of standard in-house examination expenses; |
| 2. | Issuance and reissuance of a certificate of firefighting system manager under Article 25 (5) and (6); |
| 3. | Evaluation and publication of inspection capability under Article 34 (1); |
| 4. | Establishment and operation of a database under Article 34 (4). |
| (6) | The Commissioner of the National Fire Agency may entrust a fire safety-related specialized research institute with duties concerning research on the changing trend in construction circumstances and fire risk peculiarities under Article 14 (3), as prescribed by Presidential Decree. In such cases, the Commissioner of the National Fire Agency may provide subsidies for expenses necessary for such research. |
| (7) | No person who engages or engaged in duties entrusted pursuant to paragraphs (2) through (6) shall use confidential information learned in the course of performing the duties for purposes other than those prescribed in this Act or provide or divulge such information to another person or institution. |
| Article 51 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) |
| 1. | Persons who are not public officials among members of an evaluation team; |
| 2. | Members of the Central Committee or a regional committee who are not public officials; |
| 3. | Executive officers and employees of the Fire Institute, specialized institutions, corporations, organizations, or fire safety-related specialized research institutes performing duties entrusted pursuant to Article 50 (2) through (6), who are in charge of such duties. |
| (1) | When necessary for supervising any of the following persons, businesses, objects of fire service, etc., the Commissioner of the National Fire Agency, a Mayor/Do Governor, the head of a fire headquarters, or the chief of a fire station may order an interested party to file a necessary report or submit necessary materials and may have a relevant public official visit an object of fire service, an establishment, an office, or a place of business to inspect related documents, facilities, and products, etc., or to inquire of an interested party: |
| 1. | A specific object of fire service inspected by a management business entity, etc. pursuant to Article 22; |
| 3. | A management business entity registered under Article 29 (1); |
| 4. | A person who has obtained type approval of firefighting appliances or has undergone a product inspection or examination of testing facilities under Article 37 (1) through (3) and (10); |
| 5. | A person who has obtained approval for modification under Article 38 (1); |
| 6. | A person who has obtained performance certification and has undergone a product inspection under Article 40 (1), (2), and (6); |
| 7. | A specialized institution designated under Article 46 (1); |
| 8. | A person who sells firefighting appliances. |
| (2) | The relevant public official who makes a visit and conducts an inspection under paragraph (1) shall carry identification verifying his or her authority and present it to an interested party. |
| (3) | No relevant public official who makes a visit and conducts an inspection under paragraph (1) shall interfere with legitimate business practices of an interested party or divulge any confidential information learned in the course of the visit and the inspection to any other person. |
Any of the following persons shall pay fees prescribed by Ordinance of the Ministry of Environment:
| 1. | A person who intends to undergo a flame retardation performance test under Article 21; |
| 2. | A person who intends to apply for a manager examination under Article 25 (1); |
| 3. | A person who intends to be issued or reissued with a certificate of firefighting system manager pursuant to Article 25 (5) or (6); |
| 4. | A person who intends to file for registration of his or her management business under Article 29 (1); |
| 5. | A person who intends to be reissued with a registration certificate or registration pocketbook of management business pursuant to Article 29 (3); |
| 6. | A person who intends to file a report on succession to the status of a management business entity pursuant to Article 32 (3); |
| 7. | A person who intends to have his or her inspection capability evaluated pursuant to Article 34 (1); |
| 8. | A person who intends to obtain type approval of a fire fighting appliance pursuant to Article 37 (1) and (10); |
| 9. | A person who intends to undergo an examination on testing facilities pursuant to Article 37 (2); |
| 10. | A person who intends to undergo a product inspection on a firefighting appliance for which type approval has been granted, pursuant to Article 37 (3); |
| 11. | A person who intends to obtain approval for modification of type approval pursuant to Article 38 (1); |
| 12. | A person who intends to obtain performance certification of a firefighting appliance pursuant to Article 40 (1) and (6); |
| 13. | A person who intends to undergo a product inspection on a firefighting appliance for which performance certification has been granted, pursuant to Article 40 (2); |
| 14. | A person who intends to obtain certification of modification of performance certification under Article 41 (1); |
| 15. | A person who intends to obtain excellent quality certification under Article 43 (1); |
| 16. | A person who intends to be designated as a specialized institution pursuant to Article 46. |
| Article 54 (Extension of Period of Order to Take Measures) |
| (1) | An interested party, etc. who has received an order to take measures or an order of performance specified in the following (hereinafter referred to as "order to take measures, etc.") may request the Commissioner of the National Fire Agency, the head of a fire headquarters, or the chief of a fire station who has issued such order to take measures, etc. to extend the period for performance thereof, as prescribed by Presidential Decree, where he or she is unable to comply with the order to take measures, etc. within the fixed period due to an act of God or any other reason prescribed by Presidential Decree: |
| 1. | An order to take measures for firefighting systems under Article 12 (2); |
| 2. | An order to take measures for evacuation facilities, firefighting compartments, or fire prevention facilities under Article 16 (2); |
| 3. | An order to remove objects required to be flame retardant or to take measures for a flame retardation performance test under Article 20 (2); |
| 4. | An order to take measures for an implementation plan for firefighting systems under Article 23 (6); |
| 5. | An order to take measures, such as recall, discarding, and replacement of firefighting appliances for which type approval has not been granted, under Article 37 (7); |
| 6. | An order to take measures of recalling, exchanging, or discarding firefighting appliances with material defects under Article 45 (2). |
| (2) | Upon receipt of an application for extension under paragraph (1), the Commissioner of the National Fire Agency, the head of a fire headquarters, or the chief of a fire station shall determine whether to approve the extension and notify an interested party, etc. of the results thereof within the period for performance of the relevant order to take measures, etc. |
| Article 55 (Reporting of Violations and Payment of Monetary Awards for Reporting) |
| (1) | Any person may file a report on a person committing any of the following acts to the head of a fire headquarters or chief of a fire station: |
| 1. | A person who has installed or managed firefighting systems, in violation of Article 12 (1); |
| 2. | A person who has committed an act, such as closure or blocking, in violation of Article 12 (3); |
| 3. | A person who has committed an act specified in any subparagraph of Article 16 (1). |
| (2) | Where receiving a report under paragraph (1), the head of a fire headquarters or chief of a fire station shall promptly take action in the report after grasping the details and shall notify the reporter of the results thereof in accordance with the methods and procedures prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (3) | The head of a fire headquarters or chief of a fire station may give a monetary award to a person who files a report under paragraph (1) within the budget. |
| (4) | Matters necessary for persons eligible for monetary awards for reporting, the criteria and procedures for giving such awards, etc. under paragraph (3) shall be prescribed by ordinance of a City/Do. |
CHAPTER VII PENALTY PROVISIONS
| Article 56 (Penalty Provisions) |
| (1) | A person who commits an act, such as closure or blocking of firefighting systems in violation of the main clause of Article 12 (3) shall be punished by imprisonment with labor for up to five years or by a fine not exceeding 50 million won. |
| (2) | A person committing a crime prescribed in paragraph (1) shall be punished by imprisonment with labor for up to seven years or by a fine not exceeding 70 million won, in cases of causing injury to another person, and such person shall be punished by imprisonment with labor for up to 10 years or by a fine not exceeding 100 million won, in cases of causing death to another person. |
| Article 57 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for up to three years or by a fine not exceeding 30 million won:
| 1. | A person who fails to comply with an order issued under Article 12 (2), 15 (3), 16 (2), 20 (2), 23 (6), 37 (7), or 45 (2) without good cause; |
| 2. | A person who engages in management business without filing for registration of such business, in violation of Article 29 (1); |
| 3. | A person who manufactures or imports a firefighting appliance without having obtained type approval, in violation of Article 37 (1), (2), and (10), or who obtains type approval by fraud or other improper means; |
| 4. | A person who fails to undergo a product inspection, in violation of Article 37 (3) or who undergoes a product inspection by fraud or other improper means; |
| 5. | A person who sells or displays a firefighting appliance or uses such appliance for firefighting system installation works, in violation of Article 37 (6); |
| 6. | A person who obtains performance certification or undergoes a product inspection by fraud or other improper means, in violation of Article 40 (1) and (2); |
| 7. | A person who sells or displays a firefighting appliance that fails to undergo a product inspection or fails to bear a pass label or uses such appliance for firefighting system installation works, in violation of Article 40 (5); |
| 8. | A person who fails to notify a purchaser of the fact that he or she has received an order or fails to take necessary measures, in violation of Article 45 (3); |
| 9. | A person who is designated as a specialized institution under Article 46 (1) by fraud or other improper means. |
| Article 58 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for up to one year or by a fine not exceeding 10 million won:
| 1. | A person who fails to conduct an in-house inspection on firefighting systems, etc., or to have a management business entity, etc. conduct a regular inspection on them, in violation of Article 22 (1); |
| 2. | A person who lends or borrows a certificate of firefighting system manager to or from any other person or helps any other person to commit such act, in violation of Article 25 (7); |
| 3. | A person who is employed by two or more enterprises at the same time, in violation of Article 25 (8); |
| 4. | A person who has been subject to a disposition of qualification suspension under Article 28 and has performed the duties of a manager during the period of qualification suspension; |
| 5. | A person who lends or borrows a registration certificate or registration pocketbook of management business to or from any other person, or helps any other person to commit such act, in violation of Article 33 (2); |
| 6. | A person who has been subject to a disposition of business suspension under Article 35 (1) and has conducted management business during the period of business suspension; |
| 7. | A person who places a pass label on a firefighting appliance that has failed to pass a product inspection under Article 37 (3) or who uses a forged or altered pass label; |
| 8. | A person who fails to obtain approval for modification of type approval, in violation of Article 38 (1); |
| 9. | A person who places a mark of performance certification or a pass label on a firefighting appliance which fails to pass a product inspection or uses a forged or altered mark of performance certification or a forged or altered pass label, in violation of Article 40 (5); |
| 10. | A person who fails to obtain certification of modification of performance certification, in violation of Article 41 (1); |
| 11. | A person who places an excellent quality certification mark on a firefighting appliance to which excellent quality certification under Article 43 (1) fails to be granted or who uses a forged or altered excellent quality certification mark; |
| 12. | A person who interferes with legitimate business practices of an interested party or divulges any confidential information learned in the course of a visit and inspection to any other person, in violation of Article 52 (3). |
| Article 59 (Penalty Provisions) |
Any of the following persons shall be punished by a fine not exceeding three million won:
| 1. | A person who uses confidential information learned in the course of performing the duties for purposes other than those prescribed in this Act or provides or divulges such information to any other person or institution, in violation of Articles 9 (2) and 50 (7); |
| 2. | A person who places a pass label on objects which have failed to pass a flame retardation test or uses a forged or altered pass label, in violation of Article 21; |
| 3. | A person who submits a false sample, in violation of Article 21 (2); |
| 4. | An interested party who fails to take necessary measures or a management business entity, etc. who fails to notify the relevant interested party of a serious violation, in violation of Article 23 (1) or (2). |
| Article 60 (Joint Penalty Provisions) |
If the representative of a corporation or an agent or employee of, or any other person employed by, the corporation or an individual commits any violation described in Articles 56 through 59 in conducting the business affairs of the corporation or individual, the corporation or individual shall be punished by a fine prescribed in those Articles in addition to punishing the violator accordingly: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention to or supervision over the relevant duties to prevent such violation.
| Article 61 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine up to three million won: |
| 1. | A person who fails to install and manage firefighting systems in accordance with the fire safety standards, in violation of Article 12 (1); |
| 2. | A person who fails to install and manage temporary firefighting systems at a construction site, in violation of Article 15 (1); |
| 3. | A person who commits an act, such as closing, destroying, or changing evacuation facilities, firefighting compartments, or fire prevention facilities, in violation of Article 16 (1); |
| 4. | A person who fails to install objects required to be flame retardant at a level higher than the flame retardant performance standards, in violation of Article 20 (1); |
| 5. | A management business entity who conducts an inspection without undergoing an evaluation of inspection capability, in violation of the former part of Article 22 (1); |
| 6. | A management business entity, etc. who fails to submit the results of an inspection to an interested party, in violation of the latter part of Article 22 (1); |
| 7. | A person who violates matters to be observed in the course of an in-house inspection, such as the standards for posting inspection personnel under Article 22 (2); |
| 8. | A person who fails to report the inspection results or files a false report thereon, in violation of Article 23 (3); |
| 9. | A person who fails to complete an implementation plan within a specified period or fails to report the results of completion of such implementation plan or files a false report thereon, in violation of Article 23 (4); |
| 10. | An interested party who fails to record the relevant matters in an inspection record sheet or fails to post it at a place readily visible to persons entering the relevant specific object of fire service, in violation of Article 24 (1); |
| 11. | A person who fails to file a report or files a false report, in violation of Article 31 or 32 (3); |
| 12. | A management business entity who fails to notify an interested party of a specific object of fire service of the fact of the status succession, administrative disposition, or business suspension or closure, or notifies false information thereon, in violation of Article 33 (3); |
| 13. | A management business entity who conducts an in-house inspection without the participation of his or her technical personnel, in violation of Article 33 (4); |
| 14. | A person who submits a false document, etc. attesting the inspection performance under Article 34 (2); |
| 15. | A person who fails to file a report or submit materials, in violation of an order under Article 52 (1), files a false report, or submits false materials; or a person who refuses, obstructs, or evades the visit or inspection of a relevant public official without good cause. |
| (2) | Administrative fines prescribed in paragraph (1) shall be imposed and collected by the Fire Commissioner of the National Fire Agency, a Mayor/Do Governor, the head of a fire headquarters, or the chief of a fire station, as prescribed by Presidential Decree. |
ADDENDA <Act No. 18522, Nov. 30, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Article 11 shall enter into force three years after the date of the promulgation. Article 2 (Applicability to Performance-Oriented Design)
The amended provisions of Article 8 shall begin to apply to a report on performance-oriented design filed by a person who intends to install firefighting systems in a specific object of fire service on or after the date this Act enters into force. Article 3 (Applicability to Fire Extinguishers Installed or Carried in Motor Vehicles)
The amended provisions of Article 11 shall begin to apply to a motor vehicle manufactured, assembled, imported, or sold, or a motor vehicle registered pursuant to Article 6 of the Motor Vehicle Management Act due to changes in ownership, on or after the date those amended provisions enter into force. Article 4 (Applicability to In-House Inspection of Firefighting Systems)
The amended provisions of Article 22 shall begin to apply to firefighting systems, etc. of the specific object of fire service subject to an in-house inspection on or after the date this Act enters into force: Provided, That the provisions concerning in-house inspections of a management business entity whose inspection capability is evaluated shall begin to apply two years after the date this Act enters into force. Article 5 (General Transitional Measures)
Article 6 (Transitional Measures concerning Firefighting Technology Deliberative Committees)
Article 7 (Transitional Measures concerning Registration of Management Business)
Article 8 (Transitional Measures concerning Type Approval of Firefighting Appliances)
Article 9 (Transitional Measures concerning Performance Certification of Firefighting Appliances)
Article 10 (Transitional Measures concerning Certification of Excellent Quality Products)
Article 11 (Transitional Measures concerning Designation of Specialized Product Inspection Institutions)
Article 12 (Transitional Measure concerning Administrative Dispositions)
Article 13 (Transitional Measures concerning Penalty Provisions)
Article 14 Omitted.
Article 15 (Relationship to Other Statutes or Regulations)
ADDENDA <Act No. 18661, Dec. 28, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That ··· <omitted> ··· Article 7 (26) of the Addenda shall enter into force on December 1, 2022. Articles 2 through 8 Omitted.
ADDENDUM <Act No. 19160, Jan. 3, 2023>
This Act shall enter into force six months after the date of its promulgation.