Presidential Decree No. 33005, Nov. 29, 2022
Amended by Presidential Decree No. 33199, Jan. 3, 2023
| Article 1 (Purpose) |
| Article 2 (Consultation on and Formulation of Master Plans for Fire Prevention and Safety Control) |
| Article 3 (Details of Master Plans) |
| 1. | Current status of fire; |
| 2. | Matters regarding changes in circumstances related to fire prevention policies, such as surroundings in which objects of fire service can be found and changing trends in fire risk characteristics; |
| 3. | Matters regarding the installation and management of firefighting systems and the improvement of fire safety standards; |
| 4. | Matters regarding the implementation, evaluation, etc. of fire prevention measures categorized by season, time, and object of fire service; |
| 5. | Other matters deemed necessary by the Commissioner of the National Fire Agency for disaster prevention and safety control. |
| Article 4 (Formulation and Implementation of Action Plans) |
| (1) | The Commissioner of the National Fire Agency shall formulate a plan to implement a master plan pursuant to Article 4 (4) of the Act (hereinafter referred to as "action plan") by October 31 of the year preceding the year in which the plan is to be implemented. |
| (2) | An action plan shall include the following: |
| 1. | Matters necessary for implementing a master plan; |
| 2. | Other matters deemed necessary by the Commissioner of the National Fire Agency for disaster prevention and safety control. |
| Article 5 (Formulation and Implementation of Detailed Action Plans) |
| (1) | Pursuant to Article 4 (5) of the Act, the Commissioner of the National Fire Agency shall notify the head of a relevant central administrative agency as well as the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a |
| (2) | Upon receiving the notice under paragraph (1), the head of the relevant central administrative agency and the Mayor/ |
| (3) | The detailed action plan shall include the following: |
| 1. | A detailed execution plan for a relevant central administrative agency or Special Metropolitan City, Metropolitan City, Special Self-Governing City, |
| 2. | Outcomes achieved through the implementation of the immediately preceding detailed action plan; |
| 3. | Other matters deemed necessary for fire safety, as determined by the head of a relevant central administrative agency or a Mayor/ |
| Article 6 (Compilation and Management of Statistics) |
| (1) | The items subject to the compilation and management of statistics under Article 6 (1) of the Act shall be as follows: |
| 1. | Matters regarding the current status and safety control of objects of fire service; |
| 2. | Matters regarding the installation and management of firefighting systems, etc.; |
| 3. | Matters regarding the current status and safety control of publicly used business defined in Article 2 (1) 1 of the Special Act on the Safety Control of Publicly Used Establishments; |
| 4. | The current status of factories, etc. defined in Article 2 (1) 6 of the Act on the Safety Control of Hazardous Substances (hereinafter referred to as "factory, etc."); |
| 5. | Matters regarding fire prevention activities, such as historical fire data and fire safety inspections; |
| 6. | The findings of the fact-finding surveys under Article 5 of the Act; |
| 7. | Matters regarding the current status of, and safety control in, fire prevention and reinforcement districts; |
| 8. | The current status of support by region, gender, and age for persons at risk in terms of fire prevention and safety control, such as children, senior citizens, and persons with disabilities, under Article 23 of the Act; |
| 9. | The current status of the issuance of a certificate of qualification as, and the appointment of, firefighting safety controllers by region, gender and age under Article 24 (1) of the Act; |
| 10. | The current status of the subject matters of a fire prevention and safety diagnosis and the results of implementation thereof; |
| 11. | The current status by region, gender, and age of firefighting system business entities, firefighting technicians, and persons registered to conduct firefighting system management business under Article 29 of the Act on Installation and Management of Firefighting Systems; |
| 12. | Other data on fire prevention and safety control deemed necessary to be compiled and managed by the Administrator of the National Fire Agency. |
| (2) | The Commissioner of the National Fire Agency may establish and operate a computer system in order to systematically compile, manage, and analyze statistics pursuant to Article 6 (1) of the Act. |
| (3) | If the Commissioner of the National Fire Agency establishes and operates a computer system under paragraph (2), he or she may employ big data (referring to large quantities of structured or unstructured data sets; hereinafter the same shall apply) to, among other things, analyze and forecast trends in fire occurrence. |
| (4) | Matters necessary for the methods, procedures, etc. for employing the big data under paragraph (3) shall be determined by the Commissioner of the National Fire Agency. |
| Article 7 (Items subject to Fire Safety Inspection) |
| 1. | Matters regarding fire prevention measures and others under Article 17 of the Act; |
| 2. | Matters regarding the performance of firefighting safety control affairs under Articles 24, 25, 27, and 29 of the Act; |
| 3. | Matters regarding the formulation and implementation of evacuation plans under Article 36 of the Act; |
| 4. | Matters regarding training in fire extinguishing, notification, evacuation, etc., and education necessary for firefighting safety control under Article 37 of the Act (hereinafter referred to as "fire drills and education"); |
| 5. | Matters regarding the establishment of an exclusive use area for fire engines under Article 21-2 of the Framework Act on Firefighting Services; |
| 6. | Matters regarding installation under Article 12 of the Firefighting System Installation Business Act, supervision under Article 16 of that Act, and dispatching of supervisors under Article 18 of that Act; |
| 7. | Matters regarding the installation and management of firefighting systems under Article 12 of the Act on Installation and Management of Firefighting Systems; |
| 8. | Matters regarding the installation and management of temporary firefighting systems in construction sites under Article 15 of the Act on Installation and Management of Firefighting Systems; |
| 9. | Matters regarding the management of evacuation facilities, fire compartments, and fire prevention facilities under Article 16 of the Act on Installation and Management of Firefighting Systems; |
| 10. | Matters regarding flame retardation under Article 20 of the Act on Installation and Management of Firefighting Systems; |
| 11. | Matters regarding in-house inspections of firefighting systems, etc. under Article 22 of the Act on Installation and Management of Firefighting Systems; |
| 12. | Matters regarding safety control under Articles 8, 9, 9-2, 10, 10-2, and 11 through 13 of the Special Act on the Safety Control of Publicly Used Establishments; |
| 13. | Matters regarding the safety control of hazardous substances under Articles 5, 6, 14, 15, and 18 of the Act on the Safety Control of Hazardous Substances; |
| 14. | Matters regarding the safety control of super high-rise buildings and complex buildings with underground connections under Articles 9, 11, 12, 14, 16, and 22 of the Special Act on Management of Disasters in Super High-Rise Buildings and Complex Buildings with Underground Connections; |
| 15. | Other matters deemed necessary by the head of a fire service agency or station to undergo a fire safety inspection so as to confirm whether an object of fire service is at risk of fire, etc. |
| Article 8 (Methods and Procedures for Fire Safety Inspection) |
| (1) | The head of a fire service agency or station may conduct a fire safety inspection using any of the following methods, depending on the purpose of the fire safety inspection: |
| 1. | Comprehensive inspection: An inspection focused on verifying all items subject to the fire safety inspection under Article 7; |
| 2. | Partial inspection: An inspection focused on verifying specific items among those subject to the fire safety inspection under Article 7. |
| (2) | To conduct a fire safety inspection, the head of a fire service agency or station shall publish in advance an inspection plan which includes, among other things, the places to be inspected, the duration of inspection, and the grounds for such inspection, on the website of the National Fire Agency, the fire headquarters, or fire station (hereinafter referred to as "fire service agency or station") or on a computer system under Article 16 (3) of the Act for at least seven days pursuant to the main clause, with the exception of the subparagraphs, of Article 8 (2) of the Act. |
| (3) | If the head of a fire service agency or station conducts a fire safety inspection without prior notice pursuant to the proviso, with the exception of the subparagraphs, of Article 8 (2) of the Act, he or she shall provide an explanation, including the reasons for, and the scope of, the fire safety inspection to relevant persons at the site of such inspection before initiating the inspection. |
| (4) | The head of a fire service agency or station may require a public official under his or her jurisdiction to have a relevant person submit a report or data, or to inspect or inquire about the location, structure, equipment, or management status of an object of fire service as part of a fire safety inspection. |
| (5) | If necessary for the efficient execution of a fire safety inspection, the head of a fire service agency or station may, in cooperation with the heads of the following institutions, organize a fire safety inspection team: |
| 1. | A relevant central administrative agency or local government; |
| 2. | The Korea Fire Safety Institute under Article 40 of the Framework Act on Firefighting Services (hereinafter referred to as the "Safety Institute"); |
| 3. | The Korea Fire Institute under Article 14 of the Firefighting Industry Promotion Act (hereinafter referred to as the "Fire Institute"); |
| 4. | The Korean Fire Protection Association under Article 11 of the Act on the Indemnification for Fire-Caused Loss and the Purchase of Insurance Policies (hereinafter referred to as the “Fire Protection Association”); |
| 5. | The Korea Gas Safety Corporation under Article 28 of the High-Pressure Gas Safety Control Act (hereinafter referred to as the "Gas Safety Corporation"); |
| 6. | The Korea Electrical Safety Corporation under Article 30 of the Electrical Safety Management Act (hereinafter referred to as the "Electrical Safety Corporation"); |
| 7. | Other firefighting-related corporations or organizations determined and publicly notified by the Commissioner of the National Fire Agency. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for a fire safety inspection, such as the formulation of a fire safety inspection plan shall be determined by the Commissioner of the National Fire Agency. |
| Article 9 (Postponement of Fire Safety Inspection) |
| (1) | "Grounds prescribed by Presidential Decree" in the former part of Article 8 (4) of the Act means any of the following: |
| 1. | Where a disaster provided in subparagraph 1 of Article 3 of the Framework Act on the Management of Disasters and Safety occurs; |
| 2. | Where a relevant person is afflicted by an illness, involved in an accident, or on an extended business trip; |
| 3. | Where books, records, etc. necessary for fire safety inspections, such as in-house inspection records and education and training logs, are either confiscated or held by the competent institution; |
| 4. | Where it is difficult to conduct a fire safety inspection due to construction works, such as extensions, changes in the purpose of use, or substantial repairs of an object of fire service. |
| (2) | A relevant person who intends to request a postponement of a fire safety inspection pursuant to the former part of Article 8 (4) of the Act shall submit a written application for postponement to the head of a fire service agency or station stating, among other things, the reason for, and the period of, postponement, as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (3) | Even if the head of a fire service agency or station approves the postponement of a fire safety inspection under the latter part of Article 8 (4) of the Act, if the reason for postponement ceases to exist before the period of postponement expires or if any urgent reasons necessitate an inspection, he or she may notify, in advance, relevant persons of such fact and proceed with the inspection. |
| Article 10 (Organization and Operation of Fire Safety Inspection Team) |
| (1) | The Central Fire Safety Inspection Team and a local fire safety inspection team under Article 9 (1) of the Act (hereinafter referred to as "inspection team") shall each be composed of not more than 50 members, including the team’s head, in consideration of gender equality. |
| (2) | Members of an inspection team shall be appointed or commissioned by the Commissioner of the National Fire Agency from among any of the following persons, and the head of such a team shall be appointed or commissioned by the Commissioner of the National Fire Agency from among the team members: |
| 1. | Firefighting officials; |
| 2. | Executive officers or employees of organizations, research institutes, etc. related to firefighting service; |
| 3. | Persons with extensive knowledge of or experience in firefighting-related fields. |
| Article 11 (Composition and Operation of Fire Safety Inspection Committee) |
| (1) | The fire safety inspection committee under Article 10 (1) of the Act (hereinafter referred to as the "Committee") shall be composed of not more than seven members including one chairperson in consideration of gender equality. |
| (2) | The head of a fire service agency or station shall serve as the chairperson of the Committee. |
| (3) | Members of the Committee shall be appointed or commissioned by the chairperson from among the following persons: |
| 1. | Director-level or higher firefighting officials; |
| 2. | Firefighting engineers; |
| 3. | Firefighting system managers; |
| 4. | Persons with a master’s degree or higher in a field related to firefighting; |
| 5. | Persons who have engaged in firefighting-related duties for at least five years at a firefighting-related corporation or organization; |
| 6. | Persons with at least five years of experience in education or research related to firefighting, either at an education and training institution for fire officials under Article 3 (2) of the Regulations on Education and Training of Firefighting Officials or at a school or research institute under Article 2 of the Higher Education Act. |
| (4) | Each commissioned member shall hold office for a term of two years and may be commissioned consecutively only once. |
| (5) | If a member of the Committee falls under any of the following, the head of a fire service agency or station may remove or dismiss him or her: |
| 1. | Where he or she becomes unable to perform his or her duties due to a mental or physical disability; |
| 2. | Where he or she commits any misconduct in connection with his or her duties; |
| 3. | Where he or she is found unfit for office due to delinquency of duties, injury to dignity, or any other reason; |
| 4. | Where he or she fails to recuse himself or herself despite falling under any subparagraph of Article 12 (1); |
| 5. | Where he or she voluntarily admits that he or she has difficulty performing duties. |
| (6) | Allowances, travel expenses, and other necessary expenses may be reimbursed to the members who attend meetings of the Committee within the budget: |
| Article 12 (Exclusion of, Challenge to, or Recusal of, Members) |
| (1) | If a member of the Committee falls under any of the following, he or she shall be excluded from deliberation and resolution by the Committee: |
| 1. | Where the member, his or her current or former spouse, or a person who is or was his or her relative falls under any of the following: |
| (a) | Where he or she is a relevant person to the relevant object of fire service or a joint right holder or joint obligor with the relevant person; |
| (b) | Where he or she has designed, constructed, supervised, or conducted in-house inspections of, the relevant object of fire service; |
| (c) | Where he or she has a direct interest in the relevant object of fire service, such as engaging in business affairs referred to in the subparagraphs of Article 7; |
| 2. | Where a member has provided advice, conducted research, provided services (including subcontracting), performed appraisals, or conducted inspections with respect to the relevant object of fire service; |
| 3. | Where an enterprise, etc. for which the member currently serves or has served in the most recent three years as an executive officer or employee has provided advice, conducted research, provided services (including subcontracting), performed appraisals, or conducted inspections with respect to the relevant object of fire service. |
| (2) | Where any grounds for exclusion referred to in the subparagraphs of paragraph (1) exist, or where circumstances indicate that it would be impracticable to expect fair deliberations or resolutions by a member, any party may file a motion for challenge to the member with the Committee, and the Committee shall make a determination on the challenge by resolution. In such cases, the member subject to the challenge shall not participate in such resolution regarding the relevant case. |
| (3) | In cases falling under paragraph (1) or (2), the relevant member shall recuse himself or herself from deliberation and resolution on the relevant agenda item. |
| Article 13 (Detailed Guidelines for Operation of Committee) |
| Article 14 (Compensation for Losses) |
| (1) | If the Commissioner of the National Fire Agency or a Mayor/ |
| (2) | The Commissioner of the National Fire Agency or a Mayor/ |
| (3) | Where the Commissioner of the National Fire Agency or a Mayor/ |
| (4) | A person who is dissatisfied with the notice of the payment or of deposit of compensation under paragraph (3) may apply for adjudication on the payment of compensation or the deposit not later than 30 days from the date the notice of payment or of deposit is received, with the Central Land Tribunal or the competent local land tribunal under Article 49 of the Act on Acquisition of and Compensation for Land for Public Works Projects . |
| Article 15 (Disclosure of Findings of Fire Safety Inspection) |
| (1) | "Matters prescribed by Presidential Decree" in Article 16 (1) 4 of the Act means the following: |
| 1. | Current status of the installation of factories, etc.: |
| 2. | Current Status of the appointment of firefighting safety controllers; |
| 3. | Findings of a fire prevention and safety diagnosis. |
| (2) | If the head of a fire service agency or station chooses to disclose the findings of a fire safety inspection pursuant to Article 16 (1) of the Act, he or she shall do so on the website of the fire service agency or station or on the computer system prescribed in paragraph (3) of that Article for at least 30 days. |
| (3) | If the head of a fire service agency or station intends to disclose the findings of the fire safety inspection pursuant to paragraph (2), he or she shall notify the relevant person to the object of fire service of the period, details, and methods, of disclosure in advance. |
| (4) | A relevant person to the object of fire service may raise an objection with the head of a fire service agency or station within 10 days from the date he or she is notified of the details, etc. of disclosure under paragraph (3). |
| (5) | The head of a fire service agency or station shall examine and decide on the objection raised, and inform the applicant of the results of the objection within 10 days from the date of receiving the objection under paragraph (4) without delay. |
| (6) | Where the disclosure of the findings of a fire safety inspection constitutes an invasion of the legal interest of a third party, the information related to the third party shall be excluded from the disclosure. |
| Article 16 (Fire Prevention Measures) |
| (1) | “Place ... which is prescribed by Presidential Decree" in the main clause, with the exception of the subparagraphs, of Article 17 (1) of the Act means the following: |
| 1. | A factory, etc.; |
| 2. | A storage facility defined in subparagraph 1 of Article 3 of the High-Pressure Gas Safety Control Act; |
| 3. | A storage facility for, and a store for liquefied petroleum gas defined in subparagraph 1 of Article 2 of the Safety Control and Business of Liquefied Petroleum Gas Act; |
| 4. | A hydrogen fuel supply facility defined in subparagraph 7 of Article 2 of the Hydrogen Economy Promotion and Hydrogen Safety Management Act and a hydrogen fuel-using facility defined in subparagraph 9 of that Article; |
| 5. | A storage facility for explosives defined in Article 2 (3) of the Act on the Safety Management of |
| (2) | "Activities prescribed by Presidential Decree, which are likely to cause a fire" in Article 17 (1) 4 of the Act means the activities of abandoning hazardous substances defined in Article 2 (1) 1 of the Act on the Safety Control of Hazardous Substances. |
| Article 17 (Retention Period and Handling of Moved Objects after Expiration of Such Period) |
| (1) | Where the head of a fire service agency or station stores objects, etc. moved (hereinafter referred to as "moved objects, etc.") in accordance with the proviso, with the exception of the subparagraphs, of Article 17 (2) of the Act, he or she shall publicly announce such fact on the website of the relevant fire service agency or station for 14 days starting from the date of such action. |
| (2) | The retention period for moved objects, etc. shall be seven days beginning with the day following the expiration of the period of public announcement under paragraph (1). |
| (3) | Upon the expiration of the retention period under paragraph (2), the head of a fire service agency or station shall sell the moved objects, etc. under his or her custody: |
| (4) | Where the head of a fire service agency or station sells moved objects, etc. kept in his or her custody pursuant to the main clause of paragraph (3), he or she shall implement tax revenue measures without delay in accordance with the National Finance Act. |
| (5) | If the owner of moved objects, etc. which were sold or disposed of pursuant to paragraph (3) requests compensation, the head of a fire service agency or station shall disburse the amount of compensation in consultation with the owner. |
| (6) | Article 14 shall apply |
| Article 18 (Management Standards for Equipment Using Fire) |
| (1) | "Equipment and instruments prescribed by Presidential Decree" in Article 17 (4) of the Act means the following: |
| 1. | Boilers; |
| 2. | Heaters; |
| 3. | Drying equipment; |
| 4. | Gas and electric facilities; |
| 5. | Welding or melting equipment using fireworks; |
| 6. | Equipment for furnaces or ovens; |
| 7. | Equipment installed for cooking. |
| (2) | The location, structure, and management of equipment or instruments referred to in the subparagraphs of paragraph (1) and fire safety guidelines to prevent a fire shall be as specified in attached Table 1. |
| (3) | Except as provided in paragraphs (1) and (2), the types of equipment or instruments likely to cause a fire, the location, structure, and management of the relevant equipment or instruments, and fire safety guidelines to prevent a fire shall be prescribed by ordinance of a City/ |
| Article 19 (Special Combustible Materials Whose Flames Can Quickly Spread) |
| (1) | "Special combustible materials prescribed by Presidential Decree, such as rubber, plastics, coal, and charcoal" in Article 17 (5) of the Act means combustible materials of at least the quantity for each item specified in attached Table 2. |
| (2) | The criteria for the storage and handling of special combustible materials under Article 17 (5) of the Act shall be as specified in attached Table 3. |
| Article 20 (Management of Fire Prevention and Reinforcement Districts) |
| (1) | The head of a fire service agency or station shall conduct a fire safety inspection of the location, structure, equipment, etc. of objects of fire service within the fire prevention and reinforcement district at least once a year pursuant to Article 18 (3) of the Act. |
| (2) | The head of a fire service agency or station may provide necessary firefighting training and education to relevant persons within fire prevention and reinforcement districts at least once a year pursuant to Article 18 (5) of the Act. |
| (3) | Where the head of a fire service agency or station intends to provide training and education pursuant to paragraph (2), he or she shall notify relevant persons within the fire prevention and reinforcement districts of such fact not later than 10 days before the scheduled date for such training or education. |
| (4) | Pursuant to Article 18 (6) of the Act, a Mayor/ |
| 1. | Current status of designation of the fire prevention and reinforcement districts; |
| 2. | Results of a fire safety inspection; |
| 3. | Current status of orders for installation (including repair or reinforcement) of fire extinguishing equipment, fire extinguishing water supply systems, or other firefighting equipment (hereinafter referred to as "firefighting equipment, etc.") under Article 18 (4) of the Act; |
| 4. | Current status of fire drills and education under Article 18 (5) of the Act; |
| 5. | Other matters necessary for enhanced fire prevention. |
| Article 21 (Methods, Procedures, and Standards for Fire Safety Impact Assessment) |
| (1) | If the Commissioner of the National Fire Agency conducts a fire safety impact assessment under Article 21 (1) of the Act (hereinafter referred to as "fire safety impact assessment"), he or she may conduct such assessment by using scientific methods of prediction and analysis, such as fire and evacuation simulations, based on, among other things, on-site and data surveys. |
| (2) | The Commissioner of the National Fire Agency may, if necessary for a fire safety impact assessment, request the head of the competent agency having jurisdiction over the relevant statutes, regulations, or policies to submit data. In such cases, the head of the relevant agency, upon receipt of such request, shall comply therewith, unless there is a compelling reason not to do so. |
| (3) | The Commissioner of the National Fire Agency shall establish standards for fire safety impact assessments which include the following matters after deliberation by the fire safety impact assessment deliberative council referred to in Article 22 of the Act (hereinafter referred to as "deliberative council"): |
| 1. | |
| 2. | Influence of statutes, regulations, or policies on the materials used in objects of fire service, spaces occupied by such objects, the characteristics of their uses, and the potential pathways for the spread of fires; |
| 3. | Socioeconomic ripple effects, such as the influence of statutes, regulations, policies on damages caused by fires; |
| 4. | Measures to improve statutes, regulations, or policies to control or manage risk factors leading to fires. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the methods, procedures, standards, etc. for fire safety impact assessments shall be determined by the Commissioner of the National Fire Agency. |
| Article 22 (Composition of Deliberative Council) |
| (1) | “Persons prescribed by Presidential Decree” in Article 22 (3) 1 of the Act means the following persons: |
| 1. | One person designated by the head of each relevant central administrative agency, from among members in general service of the Senior Executive Service (including public officials in special service and in extraordinary civil service equivalent thereto) in charge of fire safety-related statutes, regulations, or policies in the following central administrative agencies: |
| (a) | The Ministry of Public Administration and Security, the Ministry of Trade, Industry and Energy, the Ministry of Health and Welfare, the Ministry of Employment and Labor, and the Ministry of Land, Infrastructure and Transport; |
| (b) | Other central administrative agencies related to agenda items referred to the deliberative council for resolution; |
| 2. | Persons designated by the Commissioner of the National Fire Agency, from among firefighting officials within the National Fire Agency who hold the rank of a fire sub-deputy chief or higher who are in charge of fire safety-related duties. |
| (2) | "Experts who have extensive knowledge of and experience in fields related to fire safety prescribed by Presidential Decree such as firefighting engineers" in Article 22 (3) 2 of the Act means any of the following persons: |
| 1. | Firefighting engineers; |
| 2. | Persons performing business affairs related to fire safety, who are recommended by the heads of the following institutions, corporations, or organizations: |
| (a) | The Safety Institute; |
| (b) | The Fire Institute; |
| (c) | The Fire Protection Association; |
| (d) | The Gas Safety Corporation; |
| (e) | The Electrical Safety Corporation; |
| 3. | Persons who have served or currently serve as associate professors or in higher positions or have held or hold equivalent positions in schools under Article 2 of the Higher Education Act or in officially recognized research institutes and have expertise in fire safety or relevant statutes, regulations, or policies. |
| (3) | Each commissioned member under Article 22 (3) 2 of the Act shall hold office for a term of two years and may be commissioned consecutively only once. |
| (4) | The chairperson of the deliberative council shall represent the deliberative council and exercise general supervision over its affairs. |
| (5) | If the chairperson is unable to perform his or her duties due to any unavoidable cause, a member designated by the chairperson shall act on behalf of the chairperson. |
| (6) | If a member of the deliberative council falls under any of the following, the Commission of the National Fire Agency may dismiss the member: |
| 1. | If the member becomes unable to perform his or her duties due to a mental or physical disability; |
| 2. | If the member commits any misconduct in connection with his or her duties; |
| 3. | If he or she is found unfit for office due to delinquency of duties, injury to dignity, or any other reason; |
| 4. | If the member voluntarily admits that he or she has difficulty performing duties. |
| Article 23 (Operation of Deliberative Council) |
| (1) | In order to perform the business affairs of the deliberative council in an efficient manner, specialized committees for distinct fields may be established in the deliberative council. |
| (2) | Allowances, travel expenses, and other necessary expenses may be reimbursed to the members who attend the meetings of the deliberative council and of specialized committees within the budget: |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for the operation, etc. of the deliberative council shall be determined by the Commissioner of the National Fire Agency. |
| Article 24 (Eligibility and Support Methods for Persons at Risk in Terms of Fire Safety) |
| (1) | Persons at risk in terms of fire prevention and safety control who are eligible for support, such as children, senior citizens, and persons with disabilities under Article 23 (1) of the Act (hereinafter referred to as "person at risk in terms of fire safety") shall be as follows: |
| 1. | Recipients defined in subparagraph 2 of Article 2 of the National Basic Living Security Act; |
| 2. | Persons with severe disabilities under Article 6 of the Act on Welfare of Persons with Disabilities; |
| 3. | Persons eligible for support under Article 5 of the Single-Parent Family Support Act; |
| 4. | Senior Citizens living alone under Article 27-2 of the Welfare of Senior Citizens Act; |
| 5. | Members of multicultural families defined in subparagraph 1 of Article 2 of the Multicultural Families Support Act; |
| 6. | Other persons deemed at risk in terms of fire safety by the head of a fire service agency or station. |
| (2) | The head of a fire service agency or station may provide the following support to the persons under the subparagraphs of paragraph (1) pursuant to Article 23 (1) of the Act: |
| 1. | Installation and improvement of firefighting systems, etc.; |
| 2. | Safety inspections of firefighting systems, etc.; |
| 3. | Provision of firefighting appliances; |
| 4. | Inspection and improvement of equipment at risk of fire, such as electricity and gas equipment; |
| 5. | Other matters deemed necessary for fire safety. |
| (3) | Except as provided in paragraph (1) and (2), matters necessary for the methods, procedures, etc. for support shall be determined by the Commissioner of the National Fire Agency. |
| Article 25 (Specific Objects of Fire Service Requiring Appointment of Firefighting Safety Controllers and Assistant Firefighting Safety Controllers) |
| (1) | The scope of specific objects of fire service requiring specialized safety control under the former part of Article 24 (1) of the Act (hereinafter referred to as "objects subject to firefighting safety control") and the qualifications, and the criteria for determining the number of, persons to be appointed as firefighting safety controllers under paragraph (4) of that Article shall be as specified in attached Table 4. |
| (2) | The scope of objects subject to firefighting safety control requiring appointment of an assistant firefighting safety controller, in addition to a firefighting safety controller under the latter part of Article 24 (1) of the Act, and the qualifications for, and the criteria for determining the number of, persons to be appointed as firefighting safety controllers and assistant firefighting safety controllers under paragraph (4) of that Article shall be as specified in attached Table 5. |
| (3) | Notwithstanding paragraph (1), if there are at least two specific objects of fire service within the boundary of the sites indicated on the building status map of the building register or on at least two adjacent sites pursuant to paragraph (1) and where the same person holds the entitlement to control over these specific objects of fire service, the objects shall be deemed a single specific object of fire service. In such cases, where the relevant specific objects of fire service fall under at least two of the grades specified in attached Table 4, it shall be deemed the specific objects of fire service of the higher grade. |
| Article 26 (Objects subject to Dedicated Firefighting Safety Control) |
| 1. | Special Grade objects subject to firefighting safety control specified in subparagraph 1 of attached Table 4; |
| 2. | Grade I objects subject to firefighting safety control specified in subparagraph 2 of attached Table 4. |
| Article 27 (Preparation of Firefighting Plans for Objects subject to Firefighting Safety Control) |
| (1) | "Matters prescribed by Presidential Decree" in Article 24 (5) 1 of the Act means the following: |
| 1. | The general status information, including the location, structure, total floor area (referring to the area calculated pursuant to Article 119 (1) 4 of the Enforcement Decree of the Building Act; hereinafter the same shall apply), purpose, and maximum occupancy capacity of objects subject to firefighting safety control; |
| 2. | The current status of firefighting systems, fire prevention facilities, electric and gas installations, and hazardous substance facilities installed in objects subject to firefighting safety control; |
| 3. | In-house inspection plans and countermeasures for fire prevention; |
| 4. | Inspection and maintenance plans for firefighting systems, evacuation facilities, and fire prevention facilities; |
| 5. | Evacuation plans, including determination of the locations of refuge floors and evacuation facilities, determination of evacuation routes, and evacuation plans, etc. for people at risk in terms of fire safety; |
| 6. | The current status of the use of fire compartments, smoke control areas, interior finishing materials, and of flame retardant objects and maintenance plans for other fire-resistant structures and installations; |
| 7. | Matters regarding firefighting safety control for specific objects of fire service with separate entitlements to control under Article 35 (1) of the Act; |
| 8. | Plans for fire drills and education; |
| 9. | Matters regarding the organization of a self-defense firefighting team for workers and residents within objects subject to firefighting safety control applied under Article 37 of the Act and the duties of its members (including duties related to assisting in the evacuation of persons at risk in terms of fire safety); |
| 10. | Matters regarding firefighting safety control during construction activities, such as advance safety measures for, and supervision of, handling flammables; |
| 11. | Matters regarding firefighting and the prevention of combustion; |
| 12. | Matters regarding the storage and handling of hazardous substances (excluding the storage and handling at factories, etc. where preventive regulations are established pursuant to Article 17 of the Act on the Safety Control of Hazardous Substances); |
| 13. | Matters regarding keeping and retaining records on the performance of firefighting safety control-related affairs; |
| 14. | Matters regarding early response actions, such as fire alerts, early fire extinguishment, and evacuation guides in the event of a fire occurrence; |
| 15. | Other matters as requested by the director general of a fire headquarters or the head of a fire station necessary for firefighting safety control in consideration of the location, structure, equipment, management conditions, etc. of objects subject to firefighting safety control. |
| (2) | The director general of a fire headquarters or the head of a fire station shall guide and oversee the preparation of a firefighting plan for an object subject to firefighting safety control and the implementation thereof. |
| Article 28 (Firefighting Safety Control Agencies and their Affairs) |
| (1) | "Object subject to firefighting safety control prescribed by Presidential Decree" in the former part of Article 25 (1) of the Act means the following: |
| 1. | Grade I objects subject to firefighting safety control with at least 11 stories (excluding specific objects of fire service and apartments with a total floor area of at least 15,000 square meters) as specified in subparagraph 2 (a) (iii) of attached Table 4; |
| 2. | Grade II objects subject to firefighting safety control as specified in subparagraph 3 of attached Table 4; |
| 3. | Grade III objects subject to firefighting safety control as specified in subparagraph 4 of attached Table 4. |
| (2) | "Affairs prescribed by Presidential Decree" in the former part of Article 25 (1) of the Act means the following: |
| 1. | Management of evacuation facilities, fire compartments, and fire prevention facilities under Article 24 (5) 3 of the Act; |
| 2. | Management of firefighting systems and other firefighting-related facilities under Article 24 (5) 4 of the Act. |
| Article 29 (Objects subject to Firefighting Safety Control at Construction Sites) |
| 1. | An object where the sum of the total floor area of the portion subject to new construction, extension, alteration, reconstruction, relocation, change of use, or substantial repair is at least 15,000 square meters; |
| 2. | One of the following objects where the total floor area of the portion subject to new construction, extension, alteration, reconstruction, relocation, change of use, or substantial repair is at least 5,000 square meters: |
| (a) | It has at least two stories with a basement level; |
| (b) | It has at least 11 floors above the ground floor; |
| (c) | It comprises refrigeration warehouses, refrigerated warehouses, or frozen and refrigerated warehouses. |
| Article 30 (Issuance of Certificates of Qualification as Firefighting Safety Controllers) |
| Article 31 (Qualification of Persons Eligible to Apply for Qualifying Examination for Firefighting Safety Controllers) |
| Article 32 (Establishment and Operation of Comprehensive Information Network) |
| 1. | Operation of a comprehensive information network in coordination with a relevant information system; |
| 2. | Establishment and operation of a system designed to store, process, and provide information specified in the subparagraphs of Article 33 (1) of the Act. |
| Article 33 (Persons Seeking Recognition as Qualified Firefighting Safety Controllers) |
| 1. | A person who intends to obtain qualifications as a firefighting safety controller of a Special Grade object subject to firefighting safety control; |
| 2. | A person who intends to obtain qualifications as a firefighting safety controller of a Grade I object subject to firefighting safety control; |
| 3. | A person who intends to obtain qualifications as a firefighting safety controller of a Grade II object subject to firefighting safety control; |
| 4. | A person who intends to obtain qualifications as a firefighting safety controller of a Grade III object subject to firefighting safety control; |
| 5. | A person who intends to obtain qualifications as a firefighting safety controller at a public institution under Article 2 of the Regulations on Public Institutions’ Firefighting Safety Control. |
| Article 34 (Standards for Appointment and Coordination of Firefighting Safety Controllers by Entitlement to Control) |
| (1) | A relevant person to a specific object of fire service with separate entitlements to control pursuant to the main clause of Article 35 (1) of the Act shall appoint individual firefighting safety controllers in accordance with ownership, the rights of control, and the rights of occupancy, respectively: |
| (2) | Notwithstanding paragraph (1), in any of the following cases, firefighting safety controllers may be appointed as prescribed in the following subparagraphs: |
| 1. | In cases of joint control in accordance with statutes or regulations, or contracts, etc.: A single firefighting safety controller may be appointed, deeming separate entitlements to control to be a single entitlement to control; |
| 2. | In cases where fire receivers or fire water pumps (including pressure filtration devices; hereafter in this paragraph the same shall apply) are separately installed: Firefighting safety controllers may be appointed for each part of the fire receiver or fire pump that can be used for fire detection, fire extinguishment, or alert by deeming each part to be a separate entitlement to control;. |
| 3. | In cases where a single fire receiver and a single fire pump are installed: A single firefighting safety controller may be appointed by deeming them to be a single entitlement to control. |
| (3) | Notwithstanding paragraphs (1) and (2), where the director general of a fire headquarters or the head of a fire station deems that multiple entitlements to control undermine efficient firefighting safety control pursuant to the proviso, with the exception of the subparagraphs, of Article 35 (1) of the Act, he or she shall may make adjustments to the entitlements to control over specific objects of fire service with separate entitlements to control, taking into consideration the standards referred to in the subparagraphs of paragraph (1) and the risk of fire to the relevant specific objects of fire service before the appointment of firefighting safety controller is finalized. |
| Article 35 (Specific Objects of Fire Service with Separate Entitlements to Control) |
| Article 36 (Qualification for Appointment of General Firefighting Safety Controllers) |
| Article 37 (Composition and Operation of Joint Firefighting Safety Control Council) |
| (1) | The joint firefighting safety control council prescribed in Article 35 (4) of the Act (hereinafter referred to as the "Council") shall be comprised of the firefighting safety controllers and general firefighting safety controllers appointed pursuant to paragraphs (1) and (2) of that Article (hereafter in this Article referred to as "general firefighting safety controllers, etc."). |
| (2) | General firefighting safety controllers, etc. shall jointly perform the following business affairs related to joint firefighting safety control in consultation with the Council pursuant to Article 35 (4) of the Act: |
| 1. | Matters regarding the formulation and implementation of firefighting plans for a specific object of fire service in its entirety; |
| 2. | Matters regarding the provision of fire drills and education for a specific object of fire service in its entirety; |
| 3. | Matters regarding the maintenance and management of the firefighting systems, evacuation facilities, and fire prevention facilities in common areas; |
| 4. | Other matters for which the joint firefighting safety control is necessary. |
| (3) | The Council may formulate and operate guidelines necessary for the joint control of firefighting safety. |
| Article 38 (Persons Required to Submit Fire Drills and Education Results) |
| 1. | Special Grade objects subject to firefighting safety control specified in subparagraph 1 of attached Table 4; |
| 2. | Grade I objects subject to firefighting safety control specified in subparagraph 2 of attached Table 4. |
| Article 39 (Those Subject to Fire Drills and Education without Prior Notice) |
| 1. | Medical facilities under subparagraph 7 of attached Table 2 of the Enforcement Decree of the Act on Installation and Management of Firefighting Systems; |
| 2. | Education and research facilities under subparagraph 8 of attached Table 2 of the Enforcement Decree of the Act on Installation and Management of Firefighting Systems; |
| 3. | Facilities for senior citizens and children under subparagraph 9 of attached Table 2 of the Enforcement Decree of the Act on Installation and Management of Firefighting Systems; |
| 4. | Other specific objects of fire service that the head of a fire headquarters or the head of a fire station deems necessary to undergo fire drills and education due to the potential risk of harm, injuries, or loss of life to a significant number of people in the event of a fire. |
| Article 40 (Firefighting Safety Control of Public Institutions) |
| Article 41 (Establishments subject to Special Firefighting Safety Control) |
| (1) | "Traditional markets ... prescribed by Presidential Decree" in Article 40 (1) 13 of the Act means traditional markets with at least 500 shops. |
| (2) | "Establishments prescribed by Presidential Decree" in Article 40 (1) 14 of the Act means the following establishments: |
| 1. | Electric power plants operated by electricity generation business entities defined in subparagraph 4 of Article 2 of the Electric Utility Act (excluding electric power plants defined in Article 2 (2) of the Enforcement Decree of the Act on Assistance to Electric Power Plants-Neighboring Areas); |
| 2. | Logistics warehouses defined in subparagraph 5-2 of Article 2 of the Act on the Development and Management of Logistics Facilities, with a total floor area of at least 100,000 square meters; |
| 3. | Gas supply facilities defined in subparagraph 5 of Article 2 of the Urban Gas Business Act. |
| Article 42 (Formulation and Implementation of Master Plans and Action Plans for Special Firefighting Safety Control) |
| (1) | The Commissioner of the National Fire Agency shall formulate a master plan for special firefighting safety control under Article 40 (2) of the Act (hereinafter referred to as "master plan for special control") every five years and notify a relevant City/ |
| (2) | A master plan for special control shall include the following: |
| 1. | Mid-term and long-term safety control policies for fire prevention; |
| 2. | Education, awareness campaigns, inspections, and diagnoses for fire prevention; |
| 3. | Fire response training programs; |
| 4. | Roles in fire response and follow-up measures, and cooperative systems; |
| 5. | Other matters necessary for safety control in the event of a fire, etc. |
| (3) | The Mayor/ |
| (4) | The action plan for special control shall include the following: |
| 1. | Matters necessary for the execution of the master plan for special control; |
| 2. | Matters necessary for safety control in the event of a fire, etc. in a City/ |
| (5) | The Commissioner of the National Fire Agency and the Mayor/ |
| Article 43 (Establishments subject to Fire Prevention and Safety Diagnosis) |
| 1. | Passenger terminals with a total floor area of at least 1,000 square meters, among airport facilities prescribed in Article 40 (1) 1 of the Act; |
| 2. | Station facilities with a total floor area of at least 5,000 square meters, among railroad facilities prescribed in Article 40 (1) 2 of the Act; |
| 3. | Station buildings and stations with a total floor area of at least 5,000 square meters, among urban railroad facilities prescribed in Article 40 (1) 3 of the Act; |
| 4. | Passenger facilities and supporting facilities with a total floor area of at least 5,000 square meters, among harbor facilities prescribed in Article 40 (1) 4 of the Act; |
| 5. | Utility tunnels defined in subparagraph 9 of Article 2 of the National Land Planning and Utilization Act, among underground utility tunnels for electricity and telecommunications prescribed in Article 40 (1) 10 of the Act; |
| 6. | Gas facilities prescribed in subparagraph 17 (b) of attached Table 2 of the Enforcement Decree of the Act on Installation and Management of Firefighting Systems, among natural gas receiving terminals and supply networks prescribed in Article 40 (1) 12 of the Act; |
| 7. | Electric power plants with a total floor area of at least 5,000 square meters, among electric power plants prescribed in Article 41 (2) 1; |
| 8. | Gas supply facilities with a combustible gas tank with a total storage capacity of at least 100 tons or, with a combustible gas tank with a storage capacity of at least 30 tons, among gas supply facilities prescribed in Article 41 (2) 3. |
| Article 44 (Procedures for Fire Prevention and Safety Diagnosis) |
| (1) | Where an object subject to firefighting safety control is built and becomes an establishment subject to special firefighting safety control referred to in the subparagraphs of Article 43, a relevant person to such establishment subject to special firefighting safety control shall undergo its initial fire prevention and safety diagnosis pursuant to Article 41 (1) of the Act in the year in which the date falls five years after obtaining approval for use under Article 22 of the Building Act or after undergoing a completion inspection under Article 14 of the Firefighting System Installation Business Act. |
| (2) | A relevant person to an establishment subject to special firefighting safety control which has undergone a fire prevention and safety diagnosis shall be subject to periodic fire prevention and safety diagnoses pursuant to Article 41 (1) of the Act during the following periods based on the safety ratings under paragraph (3) (hereinafter referred to as "safety rating"): |
| 1. | Where the safety rating is excellent: The year in which the date falls six years after receiving notification of the safety rating; |
| 2. | Where the safety rating is good or mediocre: The year in which the date falls five years after receiving notification of the safety rating; |
| 3. | Where the safety rating is unsatisfactory or poor: The year in which the date falls four years after receiving notification of the safety rating. |
| (3) | As a result of a fire prevention and safety diagnosis, safety ratings such as excellent, good, mediocre, unsatisfactory, or poor shall be assigned, and the standards for the safety rating shall be as specified in attached Table 7. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the procedure, method, etc. for conducting fire prevention and safety diagnoses shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| Article 45 (Scope of Fire Prevention and Safety Diagnosis) |
| 1. | Matters regarding the formulation and implementation of measures to prevent the recurrence of a fire or any other disaster; |
| 2. | Matters regarding the prevention of, preparation for, and response to, external environmental risk factors, such as earthquakes; |
| 3. | Whether the requests for improvement, such as for repair and reinforcement made as a result of the fire prevention and safety diagnosis are complied with. |
| Article 46 (Criteria for Designation of Agency for Fire Prevention and Safety Diagnosis) |
| Article 47 (Extension of Period for Orders to Take Measures) |
| (1) | "Reason prescribed by Presidential Decree” in the provisions, with the exception of the subparagraphs, of Article 45 (1) of the Act means any of the following: |
| 1. | Occurrence of a disaster defined in subparagraph 1 of Article 3 of the Framework Act on the Management of Disasters and Safety; |
| 2. | Change or recent change in ownership resulting from an auction or any other cause; |
| 3. | A relevant person’s illness, involvement in an accident, or absence on an extended business trip; |
| 4. | Presence of multiple relevant persons to objects of fire service, such as markets, commercial buildings and complex buildings, making it impracticable to reach an agreement on compliance with an order to take measures, or an order of appointment, or of performance (hereinafter referred to as "order to take measures, etc.") under the subparagraphs of Article 45 (1) of the Act; |
| 5. | Where it is impracticable for a relevant person to comply with the orders to take measures, etc. within the period due to a serious crisis such as default or bankruptcy of the business operated by him or her. |
| (2) | A relevant person, etc. intending to request an extension of the period to comply with an order to take measures, etc. pursuant to Article 45 (1) of the Act shall submit an application for the extension stating the reason for the extension, period thereof, etc. to the head of a fire service agency or station, as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (3) | Matters necessary for requesting, and processing applications for, extension of the compliance period under paragraph (2) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| Article 48 (Delegation or Entrustment of Authority) |
| Article 49 (Processing of Personally Identifiable Information) |
| 1. | Business affairs regarding a fire safety inspection under Article 7 or 8 of the Act; |
| 2. | Business affairs regarding orders to take measures as a result of a fire safety inspection under Article 14 of the Act; |
| 3. | Business affairs regarding compensation for losses under Article 15 of the Act; |
| 4. | Business affairs regarding fire prevention measures, etc. under Article 17 of the Act; |
| 5. | Business affairs regarding support for fire prevention and others under Article 19 of the Act; |
| 6. | Business affairs regarding support for persons at risk in terms of fire safety under Article 23 of the Act; |
| 7. | Business affairs regarding reporting on the appointment of firefighting safety controllers, assistant firefighting safety controllers, and firefighting safety controllers at construction sites under Article 24, 26, 28 or 29 of the Act; |
| 8. | Business affairs regarding the issuance and reissuance of certificates of qualification as firefighting safety controllers under Article 30 of the Act, and the suspension and revocation of qualification under Article 31 of the Act; |
| 9. | Business affairs regarding qualifying examination for firefighting safety controllers under Article 32 of the Act; |
| 10. | Business affairs regarding the establishment and operation of a comprehensive information network for firefighting safety control, etc. under Article 33 of the Act; |
| 11. | Business affairs regrading education of firefighting safety controllers, etc. under Article 34 of the Act; |
| 12. | The designation and revocation of designation of the agency for fire prevention and safety diagnoses under Article 42 of the Act; |
| 13. | Business affairs regarding granting an award to relevant persons to exemplary objects of fire service under Article 44 of the Act; |
| 14. | Business affairs regarding extension of the period for orders, etc. to take measures under Article 45 of the Act; |
| 15. | Business affairs regarding hearings under Article 46 of the Act; |
| 16. | Business affairs regarding the collection of fees under Article 47 of the Act. |
| Article 50 (Re-Examination of Regulation) |
| 1. | Specific objects of fire service requiring the appointment of firefighting safety controllers under Article 25: December 1, 2022; |
| 2. | Specific objects of fire service requiring the appointment of assistant firefighting safety controllers under Article 25: December 1, 2022. |
| 3. | Qualifications for, criteria for number of, persons to be appointed as firefighting safety controllers and assistant firefighting safety controllers under Article 25: December 1, 2022; |
| 4. | Firefighting safety control agencies and their affairs under Article 28: December 1, 2022. |
| Article 51 (Criteria for Imposition of Administrative Fines) |
| 1. | In cases falling under subparagraphs 1 and 5 of Article 43: December 31, 2023; |
| 2. | In cases falling under subparagraphs 2 and 4 of Article 43: December 31, 2024; |
| 3. | In cases falling under subparagraph 3 of Article 43: December 31, 2025; |
| 4. | In cases falling under subparagraphs 6 through 8 of Article 43: December 31, 2026. |
| (1) | The previous Enforcement Decree of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Firefighting Systems shall apply to the criteria for the imposition of administrative fines for violations committed before this Decree enters into force, notwithstanding attached Table 9. |
| (2) | The imposition of administrative fines for violations committed before this Decree enters into force shall not be included in calculating the number of violations under the amended provisions of attached Table 9. |