ENFORCEMENT DECREE OF THE ACT ON THE SAFETY CONTROL OF HAZARDOUS SUBSTANCES
Presidential Decree No. 26725, Dec. 15, 2015
Amended by Presidential Decree No. 27751, Dec. 30, 2016
Presidential Decree No. 27810, Jan. 26, 2017
Presidential Decree No. 28216, Jul. 26, 2017
Presidential Decree No. 28541, Dec. 29, 2017
Presidential Decree No. 28995, jun. 26, 2018
Presidential Decree No. 29564, Feb. 26, 2019
Presidential Decree No. 30256, Dec. 24, 2019
Presidential Decree No. 30839, Jul. 14, 2020
Presidential Decree No. 31380, Jan. 5, 2021
Presidential Decree No. 31735, jun. 8, 2021
Presidential Decree No. 32069, Oct. 19, 2021
Presidential Decree No. 33004, Nov. 29, 2022
Presidential Decree No. 33005, Nov. 29, 2022
Presidential Decree No. 33434, Apr. 25, 2023
Presidential Decree No. 33579, jun. 27, 2023
CHAPTER I GENERAL PROVISIONS
| Article 2 (Hazardous Substances) |
| Article 3 (Designated Quantity of Hazardous Substances) |
“Quantity which ... <Omitted> ... is determined by Presidential Decree” in Article 2 (1) 2 of the Act means quantity prescribed in the designated quantity column for each type of hazardous substances in attached Table 1.
| Article 4 (Places for Storing Hazardous Substances) |
Places for storing hazardous substances of more than a designated quantity under Article 2 (1) 4 of the Act and the classification of the relevant storing places shall be specified in attached Table 2.
| Article 5 (Places for Handling Hazardous Substances) |
Places for handling hazardous substances of more than the designated quantity under Article 2 (1) 5 of the Act for other purposes than manufacturing, and the classification of the relevant handling places shall be specified in attached Table 3.
CHAPTER II PERMISSIONS FOR FACTORIES
| Article 6 (Permissions for Construction of Factories and Alteration Thereof) |
| (1) | A person who intends to obtain permission for the construction of a factory, etc. or for any alterations thereof pursuant to Article 6 (1) of the Act shall file an application for permission for construction or alteration with the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor/Do Governor, or the Governor of the Special Self-Governing Province who has jurisdiction over the place of the factory, etc. (hereinafter referred to as the "Mayor/Do Governor"), along with the documents prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Dec. 17, 2008; Mar. 23, 2013; Nov. 19, 2014; Dec. 15, 2015; Jul. 26, 2017> |
| (2) | The Mayor/Do Governor shall grant permission if he or she deems that the details of an application for permission for construction of a factory, etc. or any alterations thereof under paragraph (1) fulfill the following criteria: <Amended on May 26, 2005; Nov. 30, 2007; Dec. 3, 2008; Dec. 17, 2008; Feb. 5, 2013; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Jul. 14, 2020> |
| 1. | The location, structure, and equipment of a factory, etc. shall conform to the technical standards referred to in Article 5 (4) of the Act; |
| 2. | The storage or handling of hazardous substances in a factory, etc. shall be deemed not likely to hamper public security or disaster prevention; |
| 3. | The following factories, etc. shall undergo a technical review by the Korea Fire Institute established under Article 14 of the Firefighting Industry Promotion Act (hereinafter referred to as the “Fire Institute”) for the matters set forth in the relevant items, and the results of said review, shall be deemed to have fulfilled the criteria prescribed by Ordinance of the Ministry of the Interior and Safety: Provided, That partial alterations for repairs, etc. which are prescribed and publicly notified by the Administrator of the National Fire Agency may be exempt from the technical review requirement, but they must still satisfy the criteria prescribed by Ordinance of the Ministry of the Interior and Safety: |
| (a) | A factory or general handling place that handles hazardous substances at a volume at least 1,000 times the designated quantity: Matters relating to its structure and equipment; |
| (b) | An outdoor storage tank (limited to those with capacities of at least 500,000 liters) or base-rock storage tank: Matters relating to the foundation and ground of the hazardous substance tank, the tank body, and the fire extinguishing installments. |
| (3) | A person who applies for permission for the construction of a factory, etc. described in either item of paragraph (2) 3, or permission for any alterations thereof may receive a technical review from the Fire Institute in advance with regard to the construction plan for the factory, etc. and submit the results of said review, along with the application for permission for construction or alteration. <Amended on Nov. 30, 2007; Dec. 3, 2008> |
| Article 7 (Special Cases concerning Construction and Alteration of Facilities for Hazardous Substances for Military Purposes) |
| (1) | If the commander of a military unit intends to construct a factory, etc. for military purposes or for the facilities of the military unit or to alter its location, structure, or equipment under Article 7 (1) of the Act, he or she shall submit the design documents for the construction or alteration works for the factory, etc. as well as the documents prescribed by Ordinance of the Ministry of the Interior and Safety to the Mayor/Do Governor, prior to commencing the relevant works: Provided, That he or she may be exempt from submitting the design documents for the construction or alteration works when constructing or making alterations to a factory, etc. that is important for national security or classified as a state secret. <Amended on Dec. 17, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The Mayor/Do Governor shall review the design documents and the relevant documents submitted under paragraph (1) and notify the commander of the relevant military unit of the outcome of such review. In such cases, the Mayor/Do Governor may request rectification of any non-conformities of the design documents and the relevant documents prior to notification of the outcome of the review, and the commander of the relevant military unit who receives the rectification request shall comply with such request unless any extenuating circumstance exists. <Amended on May 25, 2006> |
| Article 8 (Tanks Subject to Tank Safety Performance Testing) |
| (1) | A hazardous substance tank required to undergo a tank safety performance test under the former part of Article 8 (1) of the Act shall be any of the following tanks for each tank safety performance testing specified in paragraph (2): <Amended on May 26, 2005; Dec. 17, 2008; Mar. 23, 2013; Nov. 19, 2014; Dec. 15, 2015; Jul. 26, 2017; Dec. 24, 2019; Oct. 19, 2021> |
| 1. | Tank foundation and ground testing: Liquid hazardous substance tanks with capacities of at least 1,000,000 liters, among the outdoor storage tanks; |
| 2. | Hydro testing and hydrostatic pressure testing: Tanks for storing or handling hazardous substances in liquid form: Provided, That any of the following tanks shall be excluded herefrom: |
| (a) | Tanks installed in a factory or at a general handling place, with capacities of less than the designated quantity; |
| (d) | Deleted; <May 25, 2006> |
| 3. | Weld testing: Tanks specified in subparagraph 1, excluding those tanks in regard to which a regular inspection under Article 18 (3) of the Act finds that any operations performed on the welded parts at the time of carrying out alteration works relating to their base (excluding where the works related to the strakes of tanks are included) fulfill the criteria prescribed by Ordinance of the Ministry of the Interior and Safety; |
| 4. | Base-rock tank testing: Tanks using a space within base-rocks that store or handle liquid hazardous substances. |
| (2) | Tank safety performance tests under Article 8 (1) of the Act shall be classified into basic and ground tests, hydrostatic pressure tests, welding tests and base-rock storage tank tests, and the details of such tests shall be as specified in attached Table 4. <Amended on Oct. 19, 2021> |
| Article 9 (Exemption from Tank Safety Performance Testing) |
| (1) | A tank safety performance testing which may be exempted by the Mayor/Do Governor under the latter part of Article 8 (1) of the Act shall be hydro testing and hydrostatic pressure testing as specified in Article 8 (2) and attached Table 4. |
| (2) | A person seeking to be exempted from hydro testing and hydrostatic pressure testing for a hazardous substance tank shall undergo tank safety performance testing to perform hydro testing and hydrostatic pressure testing from the authority to conduct a safety performance testing of hazardous substance tank (hereinafter referred to as “tank tester”) or the Fire Institute, and submit the documents attesting that the hazardous substance tank has passed the above-mentioned test (hereinafter referred to as “certificate of tank testing”) to the Mayor/Do Governor before receiving the completion inspection under Article 9 (1) of the Act (in the case of an underground hazardous substance tank, before it is laid underground). <Amended on Dec. 3, 2008; Jan. 5, 2021> |
| (3) | A Mayor/Do Governor may exempt hydro testing and hydrostatic pressure testing of a hazardous substance tank, if he or she deems that the certificate of tank testing submitted under paragraph (2) and the relevant tank conform to the technical standards specified in Article 5 (4) of the Act. <Amended on Jan. 5, 2021> |
| Article 10 (Application for Completion Inspection) |
| (1) | A person seeking to receive a completion inspection for a factory, etc. under Article 9 of the Act shall apply therefor to the Mayor/Do Governor. |
| (2) | The Mayor/Do Governor in receipt of an application under paragraph (1) shall conduct a completion inspection for the factory, etc. and grant a completion certificate when he or she deems that the relevant factory, etc. conforms to the technical standards specified in Article 5 (4) of the Act (excluding those standards related to tank safety performance testing). <Amended on Jan. 5, 2021> |
| (3) | A person to whom a completion certificate has been granted under paragraph (2) may apply for reissuance of the certificate to the Mayor/Do Governor who issued the certificate, if it has been lost, destroyed, or damaged. <Amended on Jan. 5, 2021> |
| (4) | Where a person applies for retainment under paragraph (3) by destroying or destroying a certificate of completion inspection, he or she shall submit an application accompanied by the relevant certificate of completion inspection. <Amended on Jan. 5, 2021> |
| (5) | A person who obtains reissuance of the certificate of completion inspection referred to in paragraph (2) because it has been lost, shall submit the lost certificate to the Mayor/Do Governor who reissued the certificate of completion inspection certification within 10 days, if he or she recovers the lost certificate. <Amended on Jan. 5, 2021> |
CHAPTER III SAFETY CONTROL OF FACILITIES FOR HAZARDOUS SUBSTANCES
| Article 11 (Qualified Persons for Handling Hazardous Substances Appointable as Safety Controllers of Hazardous Substances) |
| (1) | “Person who is qualified for handling hazardous substances prescribed by Presidential Decree” in the main clause of Article 15 (1) of the Act means any person specified in attached Table 5. |
| (2) | “Cases prescribed by Presidential Decree” in the proviso of Article 15 (1) of the Act means either of the following: <Amended on May 26, 2005; Feb. 5, 2013; Dec. 9, 2014; Jan. 26, 2017; Nov. 29, 2022> |
| 2. | If a storing place or handling place set for the purpose of storing or handling hazardous substances necessary for heating or emergency power generation or self-generation of a specific firefighting object defined in Article 2 (1) 3 of the Act on Installation and Management of Firefighting Systems, is located within or adjacent to the specific firefighting object. |
| (3) | “Person ... who is prescribed by Presidential Decree” in the proviso of Article 15 (1) of the Act means either of the following: <Amended on May 26, 2005; Oct. 28, 2011; Feb. 5, 2013; Dec. 9, 2014; Dec. 15, 2015; Jan. 26, 2017; Nov. 29, 2022> |
| Article 12 (Duplicate Appointments of One Safety Controller) |
| (1) | In the following cases, a person who has constructed several factories, etc. may appoint the same person as a safety controller for such factories, etc. pursuant to the former part of Article 15 (8) of the Act: <Amended on May 26, 2005; Dec. 17, 2008; Mar. 23, 2013; Nov. 19, 2014; Dec. 15, 2015; Jul. 26, 2017> |
| 1. | If one and the same person has established seven or less general handling places consisting of boilers, burners, or any other similar equipment fueled by hazardous substances, and storing places that contain the hazardous substances to be supplied to the said general handling places (limited to where the general handling places and the storing places are situated in the same premises (referring to the same building or inside the same premises; hereinafter the same shall apply); hereafter the same shall apply in subparagraph 2); |
| 2. | If one and the same person has established five or less general handling places for transferring hazardous substances to containers or vehicle-fixed tanks [limited to where the distance (referring to walking distance; hereafter the same shall apply in subparagraphs 3 and 4) between the general handling places does not exceed 300 meters], and storing places that contain the hazardous substances to be supplied to the said general handling places; |
| 3. | If one and the same person has established storing places situated in the same premises or within 100 meters of each other, which are prescribed by Ordinance of the Ministry of the Interior and Safety in consideration of their size, kinds of the hazardous substances to be contained, etc.; |
| 4. | If one and the same person has established five or less factories, etc. that fulfill both of the following requirements: |
| (a) | All the factories, etc. shall be located in the same premises or within 100 meters of each other; |
| (b) | The maximum quantity of hazardous substances to be stored or handled at each factory, etc. shall be less than 3,000 times the designated quantity: Provided, That this shall not apply to storing places; |
| 5. | If one and the same person has established other factories, etc. prescribed by Ordinance of the Ministry of the Interior and Safety, which are similar to the factories, etc. specified in subparagraph 1 or 2. |
| (2) | “A factory, etc. as prescribed by Presidential Decree” in the latter part of Article 15 (8) of the Act means any of the following: <Amended on May 26, 2005; May 25, 2006; Dec. 15, 2015> |
| 2. | A handling place for transfer; |
| 3. | A general handling place: Provided, That the following handling places that treat hazardous substances of category 4, whose flash point is at least 38 degrees, at a volume not more than 30 times the designated number, shall be excluded herefrom: |
| (a) | A general handling place consisting of boilers, burners, or any other similar equipment fueled by hazardous substances; |
| (b) | A general handling place for transferring hazardous substances to containers or vehicle-fixed tanks. |
| Article 13 (Eligibility Requirements of Safety Controllers) |
The eligibility requirements of a safety controller to be designated according to the type and scale of a factory, etc. under Article 15 (9) of the Act shall be specified in attached Table 6. <Amended on Dec. 15, 2015>
| Article 14 (Criteria for Registration of Tank Testers) |
| (1) | The technical ability, facilities, and equipment that tank testers are required to have under Article 16 (2) of the Act shall be specified in attached Table 7. |
| (2) | A person seeking to be registered as a tank tester shall make an application for registration to the Mayor/Do Governor, with the documents prescribed by Ordinance of the Ministry of the Interior and Safety attached. <Amended on Dec. 17, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | The Mayor/Do Governor who receives an application for registration under paragraph (2) shall allow the registration, except in the following cases: <Newly Inserted on Dec. 13, 2011> |
| 1. | Where the applicant fails to meet the technical ability, facility, and equipment criteria prescribed in paragraph (1); |
| 3. | Where other registration violates restrictions under the Act, this Decree, or other statutes or regulations. |
| Article 15 (Factories for Which Related Persons Shall Prepare Regulations for Prevention) |
“A factory, etc. prescribed by Presidential Decree” in Article 17 (1) of the Act means any of the following factories, etc.: <Amended on May 26, 2005; May 25, 2006> | 1. | A factory that handles hazardous substances at a volume at least 10 times the designated quantity; |
| 2. | An outdoor storing place that contains hazardous substances at a volume at least 100 times the designated quantity; |
| 3. | An indoor storing place that contains hazardous substances at a volume at least 150 times the designated quantity; |
| 4. | An outdoor storage tank that contains hazardous substances at a volume at least 200 times the designated quantity; |
| 5. | A base-rock storage tank; |
| 6. | A handling place for transfer; |
| 7. | A general handling place that treats hazardous substances at a volume at least 10 times the designated number: Provided, That the following general handling places that treat hazardous substances of category 4 (excluding special flammables) at a volume not exceeding 50 times the designated number (limited to those places that handle petroleum products of category 1 and alcohols at a volume not exceeding 10 times the designated number), shall be excluded herefrom: |
| (a) | A general handling place consisting of boilers, burners, or any other similar equipment fueled by hazardous substances; |
| (b) | A general handling place for transferring hazardous substances to containers or vehicle-fixed tanks. |
| Article 16 (Factories Subject to Regular Check) |
| 1. | A factory, etc. falling under any subparagraph of Article 15; |
| 2. | An underground storage tank; |
| 3. | A moving storage tank; |
| 4. | A factory, handling place for fueling, or general handling place with a tank for handling hazardous substances which is laid underground. |
| Article 17 (Factories Subject to Regular Inspection) |
“A factory, etc. prescribed by Presidential Decree” in Article 18 (3) of the Act means an outdoor storage tank that contains or handles liquid hazardous substances with a capacity of at least 500,000 liters. <Amended on Dec. 29, 2017; Oct. 19, 2021>
CHAPTER IV IN-HOUSE FIRE BRIGADE
| Article 18 (Places of Business Where In-House Fire Brigade Shall Be Established) |
| (1) | "A factory, etc. prescribed by Presidential Decree" in Article 19 of the Act means any of the following factories, etc.: <Amended on Jul. 14, 2020> |
| 1. | A factory or general handling place that handles hazardous substances of category 4: Provided, That general handling places prescribed by Ordinance of the Ministry of the Interior and Safety, such as general handling places which consume hazardous substances by boiler, shall be excluded; |
| 2. | An outdoor storage tank that contains hazardous substances classified as Category 4. |
| (2) | “Quantity prescribed by Presidential Decree” in Article 19 of the Act means the quantities as classified as follows: <Amended on Jul. 14, 2020> |
| 1. | Where paragraph (1) 1 applies: At least 3,000 times the designated quantity of the hazardous substances of category 4 that are handled at a factory or general handling place, in the maximum volume of hazardous substances of category 4; |
| 2. | In cases falling under paragraph (1) 2: At least 500,000 times the designated quantity of the hazardous substances of category 4 stored in an outdoor storage tank. |
| (3) | A person related to a place of business required to establish an in-house fire brigade under Article 19 of the Act shall have chemical fire engines and its own fire fighters in the in-house fire brigade in accordance with the provisions of attached Table 8: Provided, That the places of business that have made an agreement with other places of business, etc. for mutual assistance to be provided in the event of fire or other catastrophes, are allowed to have a different number of chemical fire engines and fire fighters to an extent determined by attached Table 8, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Dec. 17, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
CHAPTER V TRANSPORT OF HAZARDOUS SUBSTANCES
| Article 19 (Hazardous Substances Required to Be Transported under Supervision or Support of Person Responsible for Transportation) |
| 3. | Any hazardous substance that contains alkylaluminium or alkyl lithium. |
CHAPTER V-2 ACCIDENT INVESTIGATION COMMITTEE
| Article 19-2 (Composition of Accident Investigation Board) |
| (1) | An accident investigation board under Article 22-2 (3) of the Act (hereinafter referred to as "board") shall be comprised of not more than seven members including one Chairperson. |
| (2) | Members of the Committee shall be appointed or commissioned by the Commissioner of the National Fire Agency, the head of a fire defense headquarters or the head of a fire station from among those falling under any of the following, and the chairperson shall be appointed or commissioned by the Commissioner of the National Fire Agency, the head of a fire headquarters or the head of a fire station from among the members thereof: <Amended on Jun. 8, 2021> |
| 1. | Subordinate fire officers; |
| 2. | A person engaged in the business related to the safety control of dangerous goods for at least five years among the executive officers and employees of the Institute; |
| 3. | A person engaged in affairs related to safety control of dangerous goods for at least five years among the executive officers and employees of the Korea Fire Safety Institute established under Article 40 of the Framework Act on Firefighting Services (hereinafter referred to as the "Safety Institute"); |
| 4. | Persons who have abundant knowledge and experience in the inspection of causes of accidents and damage caused by hazardous substances and in affairs, etc. related to the safety control of hazardous substances. |
| (3) | The term of office of a civilian member commissioned pursuant to paragraph (2) 2 through 4 shall be two years; and may be renewed only once. |
| (3) | Members who attend a meeting of the Deliberative Committee shall be paid allowances, travel expenses, and other necessary expenses within the budget: Provided, That this shall not apply where a member who is a public official attends any meeting of the Deliberative Committee in direct connection with his or her competent duties. |
| (5) | Matters necessary for organization and operation of the Committee, except for matters prescribed in paragraphs (1) through (4), shall be prescribed by the Commissioner of the Military Manpower Administration. |
[This Article Newly Inserted on Jul. 14, 2020]
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 20 (Persons to Receive Safety Education) |
"Person prescribed by Presidential Decree" in Article 28 (1) of the Act means each of the following: <Amended on Jun. 8, 2021> | 1. | A person appointed as safety controller; |
| 2. | A technical professional working for a tank tester; |
| Article 21 (Delegation of Authority) |
A Mayor/Do Governor shall delegate the following authority to the chief of a fire station pursuant to Article 30 (1) of the Act: Provided, That the authority related to a handling place for transfer established over the jurisdictions of the heads of at least two fire stations located in the same City/Do shall be excluded. <Amended on Dec. 3, 2008; Jun. 8, 2021; Oct. 19, 2021> | 2. | Acceptance of reports on alteration of the name and quantity of a hazardous substance or a multiple of the designated quantity thereof under Article 6 (2) of the Act; |
| 3. | Having consultations with the commander of a military unit on the construction of a factory, etc. for military purposes or for the facilities of the relevant military unit, or any alterations of its location, structure, or equipment under Article 7 (1) of the Act; |
| 5. | Conducting completion inspections under Article 9 of the Act (excluding where such inspections are entrusted to the Fire Institute pursuant to Article 22 (2) 2); |
| 6. | Acceptance of reports on succession to the status of a person who constructed a factory, etc. under Article 10 (3) of the Act; |
| 7-2. | Acceptance of reports on the suspension of the use of a factory, etc. or reports on resumption of the use thereof under Article 11-2 (2) of the Act; |
| 8. | Revocation of permission for the construction of a factory, etc. and suspension of the use thereof under Article 12 of the Act; |
| 10. | Acceptance and return of regulations for prevention, and giving orders to make alterations thereof under Article 17 of the Act. |
| Article 22 (Entrustment of Business Affairs) |
| (1) | Pursuant to Article 30 (2) of the Act, the Administrator of the National Fire Agency shall entrust the Safety Institute or the Fire Institute with safety education referred to in Article 28 (1) of the Act according to the following classification: |
| 1. | Safety education for persons falling under subparagraphs 1, 3, and 4 of Article 20: The Safety Institute; |
| 2. | Safety education for persons falling under subparagraph 2 of Article 20: The Fire Institute. |
| 1. | A tank safety performance test for any of the following tanks, among tank safety performance tests under Article 8 (1) of the Act: |
| (a) | A liquid hazardous substance tank with a capacity of at least 1,000,000 liters; |
| (c) | A liquid hazardous substance tank prescribed by Ordinance of the Ministry of the Interior and Safety, among hazardous substance tanks connected to an underground storage tank; |
| (a) | A completion inspection to be conducted after a factory or a general handling place that handles hazardous substances at a volume at least 3,000 times the designated quantity is constructed or altered (excluding repairs or partial enlargement of a factory or general handling place currently in use); |
| (b) | A completion inspection to be conducted after an outdoor storage tank (limited to those with capacities of at least 500,000 liters) or a base-rock storage tank is installed or altered; |
[This Article Wholly Amended on Jun. 8, 2021]
| Article 22-2 (Handling Personally Identifiable Information) |
The Administrator of the National Fire Agency (including those persons to whom the authority vested in the Administrator of the National Fire Agency is delegated or entrusted under Article 30 of the Act), the Mayor/Do Governor (if the relevant authority is delegated or entrusted to other persons, including those persons), the head of a fire defense headquarters, or the head of a fire station may handle data including a resident registration number or an alien registration number defined in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable for dealing with the following administrative affairs: <Amended on Nov. 19, 2014; Jul. 26, 2017> | 1. | Affairs related to the revocation of permission for construction of a factory, etc. and suspension of the use thereof under Article 12 of the Act; |
| 3. | Affairs related to reporting on appointment of safety controllers of hazardous substances under Article 15 of the Act; |
| 7. | Affairs related to giving orders to take measures for hazardous substances at unauthorized places under Article 24 of the Act; |
| 8. | Affairs related to giving emergency orders to suspend the use of a factory, etc. under Article 25 of the Act; |
| 9. | Affairs related to giving orders to observe standards for storage and handling under Article 26 of the Act; |
| 10. | Affairs related to emergency measures, notification, and giving orders to take measures under Article 27 of the Act; |
[This Article Newly Inserted on Aug. 6, 2014]
[Previous Article 22-2 moved to Article 22-3 <Aug. 6, 2014>]
| Article 22-3 Deleted. <Dec. 30, 2016> |
| Article 23 (Criteria for Imposition of Administrative Fines) |
The criteria for imposition of administrative fines under Article 39 (1) of the Act shall be as specified in attached Table 9. [This Article Wholly Amended on Dec. 17, 2008]
ADDENDA <Presidential Decree No. 18406, May 29, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 30, 2004.
Article 2 (Transitional Measures concerning Permissions for Construction of Factories, etc.)
Factories, etc. specified in the left column of the following table which have obtained permission under the previous Enforcement Decree of the Fire Services Act, shall be deemed to have obtained permission as factories, etc. specified in the right column of the same table under Article 6: | Factory, etc. that has obtained permission under the previous Enforcement Decree of the Fire Services Act | Factory, etc. defined under this Decree | | Handling place for fueling | Handling place for fueling | | Handling place for petroleum sales | which does not have an underground storage tank facility or indoor storage tank facility | Handling place for sales | | which has an underground storage tank facility or indoor storage tank facility, and a facility for transferring hazardous substances | Storing place or general handling place | | Handling place for sale of special hazardous substances | which does not have an underground storage tank facility | Handling place for sales | | which has an underground storage tank facility and a facility for transferring hazardous substances | Storing place or general handling place | | Handling place for transfer | Handling place for transfer | | General handling place | which is to manufacture hazardous substances | Factory | | which is not to manufacture hazardous substances | General handling place | | Handling place for storage | which does not have a facility for transferring hazardous substances, or which handles hazardous substances at a volume less than the designated quantity per day | Storing place | | which handles hazardous substances in its facility for transferring hazardous substances, at a volume not less than the designated quantity per day | Storing place or general handling place | | Indoor and outdoor storing facilities | Indoor and outdoor storing places | | Outdoor storage tank facility | Outdoor storage tank | | Indoor storage tank facility | Indoor storage tank | | Underground storage tank facility | Underground storage tank | | Simple storage tank facility | Simple storage tank | | Moving storage tank facility | Moving storage tank | | Vessel storage tank facility | Outdoor storage tank | | Underground base-rock storage tank facility | Base-rock storage tank |
|
Article 3 (Transitional Measures concerning Base-Rock Storage Tanks Previously Installed)
| (1) | A person related to a base-rock storage tank falling under subparagraph 8 of attached Table 2, which was installed before the Enforcement Decree of the Fire Services Act as amended by Presidential Decree No. 15485 as at the time this Decree enters into force, shall submit a facility management plan indicating the current situation of the base-rock storage tank and the maintenance and management thereof to the head of the fire station having jurisdiction over the place where the relevant storage tank is installed, by December 31, 2004. |
| (2) | If a person related to a base-rock storage tank under paragraph (1) submits a facility management plan indicating the current situation of the relevant base-rock storage tank and the maintenance and management thereof, he or she shall be deemed to have obtained permission under Article 6 (1) of the Act and received a completion inspection under Article 9 of the Act. |
Article 4 (Transitional Measures concerning Permissions for Construction of Factories, etc. for New Types of Hazardous Substances)
A person storing or handling hazardous substances which are not classified into hazardous substances as defined under the previous Enforcement Decree of the Fire Services Act as at the time this Decree enters into force, shall obtain permission for the construction of a factory, etc. therefor under Article 6 of the Act and Article 6 (1) of this Decree, within one year from the date this Decree enters into force. In such cases, the proviso of Article 9 (1) of the Act shall apply mutatis mutandis with regard to the completion inspection. Article 5 Omitted.
Article 6 (Relationship with Other Acts)
If the previous Enforcement Decree of the Fire Services Act or any provision thereof is cited by another statute as at the time this Decree enters into force, and if a provision corresponding thereto exists in this Decree, this Decree or the relevant provision of this Decree shall be deemed cited in lieu of the previous provision.
ADDENDA <Presidential Decree No. 18796, Apr. 22, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 23, 2005. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 18840, May 26, 2005>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 19184, Dec. 26, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2006.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 19485, May 25, 2006>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Applicability to Administrative Fines) The amended provisions of attached Table 9 shall apply, beginning with the first administrative fine imposed after this Decree enters into force. |
ADDENDUM <Presidential Decree No. 19694, Sep. 28, 2006>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Applicability to Administrative Fines) The amended provisions of attached Table 9 shall apply, beginning with the first administrative fine imposed after this Decree enters into force. |
ADDENDA <Presidential Decree No. 20426, Nov. 30, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability Following Introduction of Technical Review Procedure)
The amended provisions of Article 6 (2) 3 and (3) shall apply, beginning with the first application for permission for the construction of a factory or general handling place that handles hazardous substances at a volume at least 3,000 times the designated quantity, or for any alterations thereof, after this Decree enters into force.
ADDENDA <Presidential Decree No. 21146, Dec. 3, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 6, 2008.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 21165, Dec. 17, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 21626, Jul. 7, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 21720, Sep. 10, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 22488, Nov. 15, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23272, Oct. 28, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 5, 2012.
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 23368, Dec. 13, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23489, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of attached Table 6 shall enter into force on January 1, 2014.
Article 2 (Transitional Measures concerning Administrative Fines)
| (1) | Notwithstanding the amended provisions of attached Table 9, the previous provisions shall apply when the criteria for imposing administrative fines are applied to any violations committed before this Decree enters into force. |
| (2) | The imposition of administrative fines for violations committed before this Decree enters into force shall not be taken into account for the calculation of the number of violations under the amended provisions of attached Table 9. |
ADDENDA <Presidential Decree No. 24350, Feb. 5, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Permissions for Construction of Factories, etc. and Alteration Thereof)
The amended provisions of Article 6 (2) 3 shall apply, beginning with the first application for permission for the construction of a factory, etc. or for any alterations thereof after this Decree enters into force. Article 3 (Transitional Measures concerning Administrative Fines)
Notwithstanding the amended provisions of subparagraph 1 of attached Table 9, the previous provisions shall apply when the criteria for imposing administrative fines are applied to any violations committed before this Decree enters into force.
ADDENDA <Presidential Decree No. 24417, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 25352, May 14, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDA <Presidential Decree No. 25753, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That of the Presidential Decrees amended pursuant to Article 7 of the Addenda, amendments of the Presidential Decrees which were promulgated before this Decree enters into force, but the dates they are to enter into force have yet to arrive, shall enter into force on the respective dates the relevant Presidential Decrees enter into force. Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 25836, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 26725, Dec. 15, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 27810, Jan. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 28, 2017. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 28216, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 28541, Dec. 29, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28995, Jun. 26, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 27, 2018.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 29564, Feb. 26, 2019>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 30256, Dec. 24, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 16, 2020. (Proviso Omitted.)
Articles 2 through 33 Omitted.
ADDENDA <Presidential Decree No. 30839, Jul. 14, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 6 (2) 3 (a) shall enter into force on January 1, 2021, and the amended provisions of Article 18 (1) 2 and (2) 2 and subparagraph 5 of attached Table 8 shall enter into force on January 1, 2022. Article 2 (Transitional Measures concerning Criteria for Permissions for Construction of Factories or Alteration Thereof)
Notwithstanding the amended provisions of Article 6 (2) 3 (a), the previous provisions shall apply to an application for permission for installation or permission for alteration filed pursuant to Article 6 (1) before the enforcement date prescribed in the proviso of Article 1 of the Addenda.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 31735, Jun. 8, 2021>
This Decree shall enter into force on June 10, 2021: Provided, That the amended provisions of attached Table 1 shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 32069, Oct. 19, 2021>
This Decree shall enter into force on October 21, 2021.
ADDENDA <Presidential Decree No. 33004, Nov. 29, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 1, 2022. (Proviso Omitted.)
Articles 2 through 17 Omitted.
ADDENDA <Presidential Decree No. 33005, Nov. 29, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 1, 2022
Articles 2 through 14 Omitted.
ADDENDA <Presidential Decree No. 33434, Apr. 25, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Administrative Dispositions, Penalty Surcharges, or Administrative Fines)
The amended provisions of Articles 1 through 61 shall also apply to administrative dispositions, penalty surcharges, or administrative fines made or imposed after this Decree enters into force with regard to violations committed before this Decree enters into force.
ADDENDUM <Presidential Decree No. 33579, Jun. 27, 2023>
This Decree shall enter into force on July 4, 2023.