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Taiwan region fire protection codes

2009-02-16View Original

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Has anyone worked on a case in Taiwan? Are there any fire safety regulations from Taiwan available? In particular, fire protection in tank areas
Reply #22009-02-16
The original text of Taiwan’s “Fire Protection Law”: http://www.34law.com/lawfg/law/3550/3563/law_17461717.shtml. Revised provisions of the Fire Protection Law; attached is the amended version. Presidential Decree No. 09400014091, issued on February 2, 1994. Chapter 1: General Provisions; Chapter 2: Fire Prevention; Chapter 3: Disaster Relief; Chapter 4: Fire Investigation and Assessment; Chapter 5: Utilization of Civil Resources; Chapter 6: Penalties; Chapter 7: Supplementary Provisions. By presidential decree No. 09400014091, dated February 2, 1994, Articles 15-1 and 42-1 of the Fire Protection Law are hereby revised and promulgated.   Amended Articles 15-1 and 42-1 of the Fire Protection Law Promulgated on February 2, **94 in the People’s Republic of China Article 15-1: Businesses that install water heaters using gas as well as the related piping systems must apply for business registration with the municipal governments or counties (cities)** before they can commence operations. Furthermore, as of February 1, 1995, the installation of gas water heaters is prohibited unless a person holding a valid license is employed to carry out the work.   The procedures for applying for, changing, canceling, and revoking the business registration for the installation business mentioned in the preceding clause, as well as those regarding the scope of business, the employment of technical personnel, and other administrative matters, shall be determined by the central authority in charge of the relevant sector in consultation with the central competent authority.   The first set of installation standards for water heaters and their piping is established by the central competent authority.   The first water heater should be installed on the exterior wall of the building, or in a location with an opening that allows air circulation with the outside environment ; Those that cannot meet this requirement should be equipped with a water heater exhaust pipe to discharge waste gases outdoors.   Article 42-1: In violation of Article 15-1, any person who falls under one of the following circumstances shall be fined between NT$10,000 and NT$50,000 by the person in charge and the perpetrator; they may also be ordered to make improvements within a specified time limit. If the improvements are not made by the deadline, further penalties may be imposed or the business may be shut down outright: 1. Failing to employ persons holding valid licenses to carry out the installation of water heaters and piping systems.   II. Those who carry out installation work in violation of the installation standards for water heaters and piping as stipulated in Article 15-1, Item 3.   III. Operators who conduct business in violation of or beyond the registered business scope.   Fire Protection Law (Amended) Chapter 1 General Provisions Article 1 This Law is enacted to prevent fires, respond to disasters and provide emergency assistance, in order to maintain public safety and protect the lives and property of the people.   Where not provided for in this Law, other legal provisions shall apply.   Article 2: The term \"person in charge of management\" as used in this Law refers to the person who has actual control and management rights over such premises in accordance with laws or contracts ; If it is a legal person, its responsible person shall be the person in charge.   Article 3: Fire control authority: At the central level, it is the Ministry of Interior ; In municipalities directly under the Central Government, it remains a municipality directly under the Central Government** ; In the county (city), it is the county (city)**.   Article 4: The standards for fire trucks, equipment, and personnel allocation in municipalities directly under the Central Government and counties (cities) shall be established by the central competent authority.    Chapter 2 Fire Prevention Article 5 Municipalities directly under the Central Government and counties (cities)** shall carry out fire prevention education and awareness campaigns, with the assistance of government agencies, schools, organizations, and mass media outlets.   Article 6: The persons in charge of the management of the following premises shall install and maintain fire safety equipment: 1. Buildings that are required by law to have fire safety equipment.   II. Factories and warehouses, as well as forestry estates of a certain scale.   III. Sites for the manufacturing, repackaging, storage, and sale of public hazard materials and high-pressure gases.   IV. Public transportation.   V. Other locations approved by the central competent authority.   The fire protection agencies of municipalities directly under the Central Government and counties (cities) may conduct inspections on such premises in a categorized manner, depending on their level of danger as specified in the preceding clause ; Those found non-compliant upon inspection shall be notified immediately to make improvements within a specified time limit, and re-inspected.   The first set of standards regarding the installation of fire safety equipment in various types of premises shall be established by the central competent authority.   Article 7: The design and manufacturing of fire safety equipment installed in accordance with the standards for such equipment in various types of premises shall be carried out by fire safety equipment engineers ; Its installation and maintenance should be carried out by fire protection equipment engineers or technicians.   Until the required number of fire protection equipment engineers or technicians is reached, the design, supervision of manufacture, installation, and maintenance of the aforementioned fire protection equipment may be temporarily carried out by existing relevant specialized professionals, technical personnel, or technicians ; The deadline shall be determined by the central competent authority.   The qualifications and management of fire protection equipment technicians are stipulated by law.   Until the aforementioned law is enacted, the central competent authority may establish regulations regarding the management of fire protection equipment engineers and fire protection equipment technicians.   Article 8: A citizen of the People’s Republic of China who has passed the fire protection equipment technician examination and obtained a fire protection equipment technician certificate in accordance with this Law may serve as a fire protection equipment technician.   Those who pass the Fire Protection Equipment Technician examination in the People’s Republic of China and obtain a Fire Protection Equipment Technician certificate in accordance with this law may serve as fire protection equipment technicians.   To obtain a certificate for fire protection equipment engineer or fire protection equipment technician, an application form and proof of qualifications are required, to be submitted to the central authorities for issuance.   Article 9: In the places where fire safety equipment must be installed in accordance with Article 6, Paragraph 1, the person in charge thereof shall assign a fire safety equipment specialist or technician as specified in Article 8 to conduct regular inspections of the fire safety equipment, and the results of such inspections shall be submitted to the local fire department for record-keeping within the prescribed time limit ; The fire department shall send personnel to conduct a re-inspection as necessary. However, for the regular inspection of fire safety equipment in high-rise or underground buildings, the person in charge of its management shall entrust a professional institution approved by the central competent authority to carry out the work.   Article 10: The diagrams showing the fire safety equipment in buildings intended for public use shall be reviewed and finalized by the fire protection agencies of municipalities directly under the Central Government and counties (cities) prior to approval for construction by the competent building authorities.   When an application for pre-examination under Article 34-1 of the Building Act relates to the fire safety equipment of a building, the competent building authority shall conduct a preliminary review in conjunction with the fire department.   When a building not intended for public use is converted to one intended for public use, or when a building originally intended for public use is converted to another type of building intended for public use, the competent building authority shall, in conjunction with the fire department, examine its fire safety equipment drawings.   Article 11: In buildings with eleven or more floors above ground, underground buildings, and locations designated by the central authorities, the persons in charge of their management shall use carpets, curtains, drapes, display boards, and other flame-retardant items specified, all of which must be equipped with flame-retardant markings.   The flame-retardant articles or their materials mentioned in the preceding clause shall not be sold or displayed if they are not fitted with flame-retardant markings.   The flame-retardant marking on the first two types of flame-retardant articles or their materials must be certified by the central competent authority as having flame-retardant properties.   Article 12: Fire-fighting apparatus, equipment, and devices for which inspection is required to be carried out, as announced by the central competent authority, shall not be sold, displayed, or installed for use without first undergoing inspection and obtaining a certificate of conformity.   The inspection referred to in the preceding paragraph shall be carried out by the central competent authority, or entrusted to an agency (organization), school, or group equipped with inspection facilities, except for those items designated by the Ministry of Economy as requiring inspection.   Article 13: For buildings intended for public use of a certain scale or above, the person in charge of management shall appoint a fire safety manager to be responsible for formulating a fire protection plan, submitting it to the fire authorities for approval, and carrying out the necessary fire safety management tasks in accordance with that plan.   In buildings with eleven or more floors on the ground level, underground buildings, or buildings designated by the competent authorities, where management rights are divided among different parties, such parties shall agree on a joint fire protection plan and submit it to the fire department for approval.   After the appointment of the fire management officer, it shall be reported to the fire department of the municipality directly under the Central Government or the county (city) for record-keeping ; The same applies during changes.   Article 14: The following activities that are likely to cause disasters shall require permission from the fire protection authorities of municipalities directly under the Central Government or counties (cities): 1. Setting fires in forests and fields.   II. Use **blasting construction.   III. Set off fireworks.   Article 15: Publicly hazardous materials and flammable high-pressure gases shall be transported safely in accordance with their containers, methods of loading, and methods of handling ; When the controlled quantity is reached, it should be stored or handled using safe methods at the manufacturing, storage, or processing site.   The scope and classification of the public hazard materials and flammable high-pressure gases mentioned in the preceding paragraph, as well as the standards regarding the location, structure of manufacturing, storage, or handling facilities and the installation of equipment, and the safety management measures for storage, handling, and transportation, shall be determined by the central competent authority in consultation with the central competent authority responsible for related industries. However, for the manufacture, storage, handling, or transportation of public hazard materials and flammable high-pressure gases, if the competent central authority in charge of the relevant sector has established separate safety management regulations, those regulations shall apply.   Article 15-1: Businesses that install water heaters and piping using gas must apply for business registration with the municipal governments or counties (cities)** before they can commence operations. Furthermore, as of February 1, 1995, the installation of gas water heaters is prohibited unless a person holding a valid license is employed to carry out the work.   The procedures for applying for, changing, canceling, and revoking the business registration for the installation business mentioned in the preceding clause, as well as those regarding the scope of business, the employment of technical personnel, and other administrative matters, shall be determined by the central authority in charge of the relevant sector in consultation with the central competent authority.   The first set of installation standards for water heaters and their piping is established by the central competent authority.   The first water heater should be installed on the exterior wall of the building, or in a location with an opening that allows air circulation with the outside air ; Those that cannot meet this requirement should be equipped with a water heater exhaust pipe to discharge waste gases outdoors.    Chapter 3 Disaster Relief Article 16 Fire departments at all levels shall establish disaster relief and rescue command centers to provide overall command, coordination, control, and liaison for matters related to disaster relief and rescue.   Article 17: For fire protection purposes, the municipalities directly under the Central Government, counties (cities)** shall, in conjunction with the water supply agencies, select appropriate locations to install fire hydrants. The necessary costs shall be subsidized as appropriate by the municipalities directly under the Central Government, counties (cities)**, and township (town, city) governments; the responsibility for their maintenance lies with the water supply agencies.   Article 18: Telecommunication agencies shall install dedicated telephone facilities for alarms, as required by fire protection needs.   Article 19: When firefighters are unable to achieve the goal of rescuing people from a fire site and its surroundings by not using or damaging the land, buildings, vehicles, and other items there, or by not restricting their use, they may use, damage, or restrict such items.   Municipalities directly under the Central Government and counties (cities)** may, depending on the actual circumstances, grant compensation for losses resulting from the use, damage, or restriction on the use of such land or buildings as mentioned in the preceding clause. However, no compensation will be provided to those responsible for causing the fire.   Article 20: Fire command personnel may designate a security zone around the site of a fire, restricting the entry of people and vehicles, and may evacuate or forcibly remove people and vehicles from the zone.   Article 21: To extinguish a fire, fire command personnel may use various nearby water sources and shall notify the water supply utility to provide centralized water supply.   Article 22: Fire command personnel, in order to prevent the spread and expansion of fires, may, if necessary, order relevant utility companies to cut off power supply and gas supplies.   Article 23: Fire departments in municipalities directly under the Central Government and counties (cities), upon discovering or becoming aware of the presence of hazardous materials or high-pressure gases that pose a risk of fire or explosion, may establish a quarantine zone, restrict the entry of people and vehicles, order evacuations, and may limit or prohibit the use of open flames in that area.   Article 24: Fire departments in municipalities directly under the Central Government and counties (cities) shall establish rescue teams on a widespread basis according to actual needs ; The ambulance service should be equipped with ambulances and medical staff to handle emergency rescue tasks.   The standards for ambulances, equipment, and personnel allocation, as well as the procedures for emergency medical care mentioned in the preceding paragraph, shall be established by the central competent authority in consultation with the central competent authority in charge of the relevant sector.   Article 25: In the event of natural disasters, **, mine accidents, forest fires, traffic accidents, and other major disasters, the fire departments of municipalities directly under the Central Government and counties (cities) shall immediately provide assistance in rescue and emergency relief efforts.    Chapter 4 Fire Investigation and Determination Article 26 The fire departments of municipalities directly under the Central Government and counties (cities) may, in order to investigate and determine the cause of a fire, send personnel to the relevant locations to conduct inspections, collect and preserve relevant evidence, and inquire with relevant persons.   The fire scene should be preserved intact until it has been investigated and assessed, and may need to be sealed off if necessary.   Article 27: Municipalities directly under the Central Government and counties (cities)** may appoint representatives from relevant organizations as well as scholars and experts to form a fire investigation committee to investigate and determine the causes of fires ; Its organization is determined by the municipalities directly under the Central Government and counties (cities)**.    Chapter 5: Utilization of Civil Resources Article 28: Municipalities directly under the Central Government and counties (cities)** may form volunteer fire services to assist in firefighting and emergency rescue efforts ; The methods for its organization, training, drills, and duty assignment shall be determined by the central competent authority.   The funds for the equipment required by the volunteer fire fighting organizations mentioned in the preceding paragraph shall be subsidized by the central competent authority.   Article 29: When personnel who join the volunteer fire brigades under this Law receive training, participate in drills, or are on duty, the municipalities directly under the Central Government and counties (cities)** may provide accommodation, transportation, or issue compensation funds according to actual needs. During the period of service, an allowance shall be paid in addition to that provided for conscripts called up for service.   During the period when such personnel receive training, conduct drills, or are on duty, their respective agencies (organizations), schools, groups, companies, and factories shall grant them official leave.   Article 30: Personnel who participate in the formation under this Law and suffer illness, disability, or death as a result of receiving training, exercises, or performing duties shall be entitled to receive various benefits in accordance with the relevant provisions applicable to their respective positions.   Those who are unable to receive various benefits in accordance with the provisions above shall follow the rules below: 1. Injured or sick persons may, by presenting a certificate issued by the fire department, seek treatment at designated public hospitals or contracted hospitals. However, in cases of emergency, the patient must first be taken to another medical facility for emergency treatment.   II. Persons disabled due to injury shall be granted a one-time disability allowance in accordance with the following provisions: (1) Those with extremely severe and severe disabilities: 36 base amounts.   (II) Persons with moderate disabilities: 18 as the base figure.   (III) Persons with mild disabilities: eight base points.   III. Deceased: A one-time pension of ninety units is granted.   IV. In the case of death resulting from injury that leads to disability within one year, the pension base shall be supplemented once in accordance with the provisions of the preceding paragraph.   The calculation of the base amount mentioned in the preceding clause is based on the maximum monthly salary for the senior grade of the service-based annual salary system for civil servants in Grade 5.   The second disability grading assessment is carried out in accordance with the detailed rules for the implementation of the Disability Welfare Act.   If benefits are claimed in accordance with the first provision and the amount received is lower than that specified in paragraphs 2 to 4 of the second provision, the difference shall be made up.   The costs required for the second item, as well as the difference that needs to be made up from the previous item, shall be submitted by the fire department to the municipality or county (city)** for approval and issuance.   Article 31: Fire control authorities at all levels may, in order to meet disaster relief and emergency rescue needs, deploy and utilize the fire control, disaster relief, and rescue personnel, vehicles, ships, aircraft, and equipment of **government agencies and public or private enterprises.   Article 32: The agencies that are assigned and utilized in accordance with the preceding article may request the competent fire protection authority under their jurisdiction for the following compensation: 1. Compensation shall be paid at the **approved transportation rate standards for vehicles, ships, and aircraft ; In the absence of standard transportation rates, the respective fire protection authorities shall pay according to local market rates.   II. If vehicles, ships, aircraft, or equipment used for dispatch and operation are damaged during such use, the competent fire protection authority in that area shall carry out repairs ; When it cannot be repaired, compensation for the damage shall be paid at current market price, adjusted for depreciation based on the amount of time it has been used ; To those whose equipment is damaged, compensation shall be paid at current market rates.   III. Firefighters, disaster relief workers, and rescue personnel who are deployed and assigned to carry out tasks shall be compensated in accordance with the compensation standards set by their employing agencies or employers at the time of deployment and assignment ; In the event of illness, disability, or death resulting from scheduling or utilization, the provisions of Article 30 shall apply.   Those who, at the request of fire and rescue authorities, carry out disaster relief and rescue work and suffer equipment damage, illness, disability, or death shall be covered by the provisions stated earlier.    Chapter 6 Penalties Article 33: Whoever damages a fire watch tower, alarm tower, radio tower, closed-circuit television tower, or their related equipment shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and may also be fined not less than NT$10,000 but not more than NT$50,000.   The attempt as mentioned in the preceding clause shall be punished.   Article 34: Whoever damages fire-fighting storage or water supply equipment, or fire-fighting or rescue equipment shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and may also be fined not less than NT$6,000 but not more than NT$30,000.   The attempt as mentioned in the preceding clause shall be punished.   Article 35: In business premises where fire safety equipment shall be installed in accordance with Article 6, Paragraph 1, if the person in charge fails to install or maintain such equipment as required, resulting in deaths in the event of a fire, they shall be sentenced to fixed-term imprisonment of not less than one year but not more than seven years, and may also be fined not less than NT$1 million but not more than NT$5 million ; Those who cause serious injury shall be sentenced to fixed-term imprisonment of not less than six months but not more than five years, and may also be fined not less than NT$500,000 but not more than NT$2.5 million.   Article 36: A fine of not less than NT$3,000 but not more than NT$15,000 shall be imposed in any of the following circumstances: 1. Those who falsely report a fire.   II. Those who call the fire department without reason.   III. Those who fail to comply with the measures imposed under Article 19, Paragraph 1, Article 20, or Article 23.   IV. Those who refuse to be dispatched or utilized in accordance with Article 31.   V. Hindering the users of the equipment referred to in Article 34, Paragraph 1.   Article 37: Those who violate the provisions on the installation and maintenance of fire safety equipment as stipulated in Article 6, Paragraph 1, or the provisions on the use of flame-retardant materials as stipulated in Article 11, Paragraph 1, and fail to make the necessary improvements after being notified to do so within a specified time, or whose premises still do not comply with the regulations upon re-inspection, shall be fined by the person in charge between NT$6,000 and NT$30,000 ; Those who fail to improve despite being penalized may be subject to consecutive penalties, as well as a suspension of business or prohibition from use for up to thirty days.   Those who evade, obstruct, or refuse the inspection or re-inspection specified in Article 6, Paragraph 2 shall be fined between NT$3,000 and NT$15,000, and such fines shall be imposed on a per-occurrence basis; furthermore, the inspection or re-inspection shall be enforced.   Article 38: Those who, in violation of the first provision of Article 7, engage in the design, supervision of manufacture, installation, or maintenance of fire safety equipment shall be fined not less than NT$10,000 but not more than NT$50,000.   Those who violate the provisions of Article 9 regarding the maintenance of equipment, and fail to make the necessary improvements after being notified to do so within a specified time, shall be fined by the person in charge between NT$10,000 and NT$50,000 ; Those who fail to improve despite being penalized may be subject to consecutive penalties.   Those who issue false inspection reports for fire safety equipment, whether they are fire equipment engineers or technicians, shall be fined between NT$20,000 and NT$100,000.   Article 39: Those who violate the provisions on sales or installation set out in Item 2 of Article 11 or Item 1 of Article 12 shall be fined not less than NT$20,000 but not more than NT$100,000 by the person responsible for the sales or installation ; For those whose display conditions fail to improve despite admonition, the person in charge of the display shall be fined not less than NT$10,000 but not more than NT$50,000.   Article 40: Those who violate the provisions of Article 13 and fail to make the necessary improvements within the deadline given after being notified shall be fined between NT$10,000 and NT$50,000 by the person in charge of their management ; Those who fail to improve despite being penalized may be subject to consecutive penalties.   Article 41: Those who violate Article 14 shall be fined not less than NT$1,000 but not more than NT$6,000.   Article 42: Where the location, structure, and equipment of facilities for the production, storage, or handling of public hazardous substances and highly flammable gases as specified in Article 15 do not meet the established standards, or where the storage, handling, and transportation thereof do not comply with safety management regulations, the person in charge of such facilities or the person who carried out the relevant activities shall be fined between NT$20,000 and NT$100,000 ; If the situation does not improve despite such penalties, further penalties may be imposed, and a suspension of business or cessation of use for up to 30 days may be ordered.   Article 42-1: In violation of Article 15-1, anyone who falls under any of the following circumstances shall be fined between NT$10,000 and NT$50,000 by the person in charge and the perpetrator; they may also be ordered to make improvements within a specified time limit. If the improvements are not made by the deadline, successive fines may be imposed or the business may be shut down outright: 1. Failing to employ persons holding valid licenses to carry out the installation of water heaters and piping systems.   II. Those who carry out installation work in violation of the installation standards for water heaters and piping as stipulated in Article 15-1, Item 3.   III. Operators who conduct business in violation of or beyond the registered business scope.   Article 43 Whoever refuses to permit inspections, inquiries, seizure, preservation, or destruction of the fire scene as provided in Article 26 shall be fined not less than NT$3,000 but not more than NT$15,000.   Article 44: Those who are subject to punishment under this Law shall, in addition to being punished in accordance with this Law, be referred to the judicial authorities if they are suspected of having committed a crime.   Article 45: If the fine imposed under this Law is not paid within the prescribed deadline, the competent authority shall refer the case to the court for compulsory enforcement.    Chapter 7 Supplementary Provisions Article 46 The detailed rules for the implementation of this Law shall be formulated by the central competent authority and issued after approval by the Executive Yuan.   Article 47 This Law shall come into force as of the date of its promulgation.

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