The fire service act

Article 1 The purpose of this Act is to prevent, guard against, and suppress fires in order to protect the lives, bodies and property of citizens from fires, and to reduce the damage arising from fires or disasters such as earthquakes, thereby maintaining peace and order and contributing to the promotion of social and public welfare.

Article 2 (1) In this Act, the meanings of the terms listed in the following paragraphs are as prescribed respectively in those paragraphs.

(2) The term "property under fire prevention measures" means a forest, or a vessel or vehicle, a ship moored at a dock or a pier, a building or other structure or property belonging thereto.

(3) The term "property under fire defense measures" means a forest, or a vessel and vehicle, a ship moored at a dock or a pier, a building or other structure or any other object.

(4) The term "person concerned" means the owner, manager or possessor of a property under fire prevention measures or a property under fire defense measures.

(5) The term "place concerned" means the place where a property under fire prevention measures or a property under fire defense measures is located.

(6) The term "vessel and vehicle" means a ship, cutter, lighter, tugboat or other vessel to which the provisions of Article 2, paragraph (1) of the Ship Safety Act (Act No. 11 of 1933) do not apply, and a vehicle.

(7) The term "hazardous materials" means the materials listed in the Names of Items column of Appended Table 1, which have the properties listed in the Nature column of that table according to the Categories specified in that table.

(8) The term "firefighting team" means a unit of firefighters or fire corps volunteers equipped with firefighting equipment or a prefectural aviation firefighting team under the provisions of Article 30, paragraph (30) of the Fire Defense Organization Act (Act No. 226 of 1947).

(9) The term "ambulance services" means the services for transporting a person who has suffered an injury or contracted a disease as a result of an accident that occurred due to a disaster or an accident that occurred in the open air or at a place with public access (hereinafter referred to as an "accident due to a disaster, etc." in this paragraph) or as a result of an accident equivalent to an accident due to a disaster, etc. or another cause specified by Cabinet Order that occurred in cases specified by Cabinet Order, and who needs to be transported urgently to a medical institution or any other place, by means of an ambulance team, to a medical institution (meaning a medical institution specified by Order of the Ministry of Health, Labor and Welfare) or any other place (including the services for providing a person who has suffered an injury or contracted a disease with first-aid treatment, as an urgent and unavoidable measure, until that person is placed under the care of a doctor).

Article 3 (1) A fire chief (in the case of a municipality which has no fire defense headquarters, its mayor; the same applies hereinafter, except in Chapter VI and Article 35-3-2), fire station chief or other firefighter may order a person who is committing an act in the open air that is found to be dangerous from a fire prevention perspective, or the owner, manager or possessor, who holds title, of an object in the open air that is found to be dangerous from a fire prevention perspective or an object in the open air that is found to be likely to hinder fire extinguishing activities, evacuation and other fire defense activities, to take the following necessary measures:

(i) prohibit, suspend or restrict an act of playing with fire, smoking a cigarette, making a bonfire, using equipment or a tool (excluding those falling under the category of structure) that uses fire or equipment or a tool (excluding those falling under the category of structure) that is likely to pose a fire risk when used or any other act equivalent to those acts, or in case of doing those activities, make preparations for fire extinguishing activities;

(iii) remove or otherwise treat hazardous materials or a flammable object that is left unattended or retained without due cause; and

(iv) put in order or remove an object that is left unattended or retained without due cause (excluding the object set forth in the preceding item)

(2) When a fire chief or fire station chief is unable to ascertain the owner, manager or possessor, who holds title, of an object that is found to be dangerous from a fire prevention perspective or an object that is found to be likely to hinder fire extinguishing activities, evacuation and other fire defense activities, and therefore unable to order those persons to take any necessary measures under the provisions of the preceding paragraph, the fire chief or fire station chief may have their fire defense personnel (in the case of a municipality which has no fire defense headquarters, a fire corps volunteer; the same applies in paragraph (4) (including as applied mutatis mutandis pursuant to Article 5, paragraph (2) and Article 5-3, paragraph (5)) and Article 5-3, paragraph (2)) take the measures listed in item (iii) or item (iv) of the preceding paragraph with regard to that object, at the expense of that person.In this case, if the fire chief or fire station chief has had the object removed, the chief or fire station chief must retain that object.

(3) The provisions of Article 64, paragraph (3) through paragraph (6) of the Basic Act on Disaster Management (Act No. 223 of 1961) apply mutatis mutandis where a fire chief or fire station chief retains an object pursuant to the provisions of the preceding paragraph.In this case, in these provisions, the term "municipal mayor" is deemed to be replaced with "fire chief or fire station chief," the term "structure, etc." is deemed to be replaced with "object," and the phrase "the municipality which is under the control and jurisdiction of the municipal mayor" is deemed to be replaced with "the municipality to which the fire chief or fire station chief belongs."

(4) Where a fire chief or fire station chief has ordered that any necessary measures should be taken pursuant to the provisions of paragraph (1), if the person ordered to take the measures does not implement the measures at all or does not implement them fully, or if the measures should be implemented by a certain time limit but the implementation thereof is not expected to be completed by the time limit, the fire chief or fire station cheif may, as provided for in the Act on Substitute Execution by Administration (Act No. 43 of 1948), have their fire defense personnel or a third party take those measures.

Article 4 (1) A fire chief or fire station chief, when it is necessary for fire prevention, may order a person concerned to submit information materials or request a person concerned to make reports, or have their fire defense personnel (in the case of a municipality which has no fire defense headquarters, an official engaged in the fire service affairs of the municipality or a full-time fire corps volunteer of the municipality; the same applies hereinafter, except in Article 5-3, paragraph (2)) enter any place of work, factory or place with public access or any other place concerned, and inspect the position, structure equipment or the status of the management of the property under fire defense measures or ask questions of any related person; provided, however, that the fire chief or fire station chief must not have their fire defense personnel enter an individual's residence unless the person concerned gives consent or there is a particularly urgent necessity for that entry due to an extremely high fire risk.

(2) When entering any place concerned pursuant to the provisions of the preceding paragraph, fire defense personnel must carry their identification cards as specified by the municipal mayor, and present them when requested to do so by any related person.

(3) When entering any place concerned pursuant to the provisios of paragraph (1), fire defense personnel must not interfere with the business of a person concerned without due cause.

(4) Fire defense personnel may not divulge, without due cause, any secret regarding a person concerned that they have come to know in the course of entering any place concerned and conducting an inspection or carrying out questioning pursuant to the provisions of paragraph (1).

Article 4-2 (1) A fire chief or fire station chief, when it is particularly necessary for fire prevention, may specify a property under fire defense measures and a date or period and have a fire corps volunteer within their jurisdictional district (in the case of a municipality which has no fire defense headquarters, limited to a part-time fire corps volunteer) enter the property and conduct an inspection or carry out questioning as set forth in paragraph (1) of the preceding Article on that date or during that period.

(2) The provisions of the proviso to paragraph (1) of the preceding Article and paragraph (2) through paragraph (4) of that Article apply mutatis mutandis in the case referred to in the preceding paragraph.

Article 5 (1) Where a fire chief or fire station chief finds the position, structure, equipment or the status of the management of a property under fire prevention measures to be dangerous from a fire prevention perspective, finds it to be likely to hinder fire extinguishing activities, evacuation and other fire defense activities, or finds that it will endanger human life once a fire occurs, or finds other necessities arising from a fire prevention perspective, the fire chief or fire station chief may order the person concerned who holds title (in cases where it is found that there is a particularly urgent necessity, the person concerned and the contractor of a construction work or site manager) to improve, relocate or remove that property under fire prevention measures or suspend or stop the construction work thereof or take any other necessary measures; provided, however, that this does not apply to a building or other structure for which permission or authorization for the construction, extension, reconstruction, or relocation and reconstruction has been granted under other laws and regulations and where there has been no change in the circumstances thereafter.

(2) The provisions of Article 3, paragraph (4) apply mutatis mutandis where a fire chief or fire station chief has ordered any necessary measures pursuant to the provisions of the preceding paragraph.

(3) Where a fire chief or fire station chief has issued an order under the provisions of paragraph (1), the fire chief or fire station chief must give public notice to that effect by posting a sign or by another method specified by Order of the Ministry of Internal Affairs and Communications.

(4) The sign set forth in the preceding paragraph may be posted at the property under fire prevention measures for which an order is issued under the provisions of paragraph (1) or at the place where that property under fire prevention measures is located.In this case, the owner, manager or possessor of the property under fire prevention measures for which an order is issued under the provisions of that paragraph or the place where that property under fire prevention measures is located may not refuse or obstruct the posting of the sign.

Article 5-2 (1) Where the position, structure, equipment or the status of the management of a property under fire prevention measures fall under any of the following cases, a fire chief or fire station chief may order the person concerned who holds title to prohibit, suspend or restrict the use of the property under fire prevention measures:

(i) where the necessary measures ordered under the provisions of paragraph (1) of the preceding Article, paragraph (1) of the following Article, Article 8, paragraph (3) or paragraph (4), Article 8-2, paragraph (3), Article 8-2-5, paragraph (3) or Article 17-4, paragraph (1) or paragraph (2) have not been implemented at all or have not been fully implemented, or those measures should be implemented by a certain time limit but the implementation thereof is not expected to be completed by that time limit, and for these reasons, the fire chief or fire station chief still finds the position, structure, equipment or the status of the management of the property under fire prevention measures to be dangerous from a fire prevention perspective, finds it to be likely to hinder fire extinguishing activities, evacuation and other fire defense activities, or finds that it will endanger human life once a fire occurs; or

(ii) where the fire chief or fire station chief finds it impossible, when only issuing the order under the provisions of paragraph (1) of the preceding Article, paragraph (1) of the following Article, Article 8, paragraph (3) or paragraph (4), Article 8-2, paragraph (3), Article 8-2-5, paragraph (3) or Article 17-4, paragraph (1) or paragraph (2), to eliminate the danger from a fire prevention perspective, hindrance to fire extinguishing activities, evacuation and other fire defense activities or danger to human life once a fire occurs.

(2) The provisions of paragraph (3) and paragraph (4) of the preceding Article apply mutatis mutandis to an order under the provisions of the preceding paragraph.

Article 5-3 (1) A fire chief, fire station chief or other firefighter may order a person who is committing an act that is found to be dangerous from a fire prevention perspective within a property under fire prevention measures, or the owner, manager or possessor, who holds title, of an object that is found to be dangerous from a fire prevention perspective within a property under fire prevention measures or of an object that is found to be likely to hinder fire extinguishing activities, evacuation and other fire defense activities within a property under fire prevention measures (in cases where it is found that there is a particularly urgent necessity, the owner, manager or possessor of that object or the person concerned with that property under fire prevention measures; the same applies in the following paragraph), to take the necessary measures listed in the items of Article 3, paragraph (1).

(2) When a fire chief or fire station chief is unable to ascertain the owner, manager or possessor, who holds title, of an object that is found to be dangerous from a fire prevention perspective or an object that is found to be likely to hinder fire extinguishing activities, evacuation and other fire defense activities, and therefore unable to order these persons to take any necessary measures under the provisions of the preceding paragraph, the fire chief or fire station chief may have their fire defense personnel take the measures listed in Article 3, paragraph (1), item (iii) or item (iv) with regard to that object, at the expense of that person. In this case, the fire and fire station chief, in advance, must set a reasonable time limit and give public notice to the effect that those measures should be implemented by that time limit and that if the measures have not been implemented by that time limit, their fire defense personnel will implement the measures; provided, however, that this does not apply when it is found that there is an urgent necessity.

(3) If a fire chief or fire station chief has taken any measures under the provisions of the preceding paragraph and has had the object removed, the fire chief or fire station chief must retain that object.

(4) The provisions of Article 64, paragraph (3) through paragraph (6) of the Basic Act on Disaster Management apply mutatis mutandis where a fire chief or fire station chief retains an object pursuant to the provisions of the preceding paragraph.In this case, in these provisions, the term "municipal mayor" is deemed to be replaced with "fire chief or fire station chief," the term "structure, etc." is deemed to be replaced with "object," and the phrase "the municipality which is under the control and jurisdiction of the municipal mayor" is deemed to be replaced with "the municipality to which the fire chief or fire station chief belongs."

(5) The provisions of Article 3, paragraph (4) apply mutatis mutandis where a fire chief or fire station chief has ordered any necessary measures pursuant to the provisions of paragraph (1), and the provisions of Article 5, paragraph (3) and paragraph (4) apply mutatis mutandis to an order under the provisions of paragraph (1).

Article 5-4 The period set forth in the main clause of Article 14, paragraph (1) of the Administrative Complaint Review Act (Act No. 160 of 1962) or Article 45 of that Act with regard to a request for administrative review of or a filling of an objection to an order issued under the provisions of Article 5, paragraph (1), Article 5-2, paragraph (1), or paragraph (1) of the preceding Article is within 30 days from the day following the day on which the order was issued.

Article 6 (1) An action for the revocation of an order issued under the provisions of Article 5, paragraph (1), Article 5-2, paragraph (1) or Article 5-3, paragraph (1) or for the revocation of an administrative determination or decision concerning an appeal against that order may not be filed after 30 days have elapsed from the day on which the order or the determination or decision was issued or made; provided, however that this does not apply where there are reasonable grounds for failing to meet that time limit.

(2) Where a judgment is made to revoke an order issued under the provisions of Article 5, paragraph (1) or Article 5-2, paragraph (1), any loss arising from that order is to be compensated for at the market value.

(3) If the position, structure, equipment or the status of the management of a property under fire prevention measures prescribed in Article 5, paragraph (1) or Article 5-2, paragraph (1) is not in violation of this Act or any order under this Act or of other laws and regulations, any loss arising from an order issued under the provisions of Article 5, paragraph (1) or Article 5-2, paragraph (1), notwithstanding the provisions of the preceding paragraph, is to be compensated for at market value.

(4) Costs required for paying compensation under the provisions of the preceding two paragraphs are borne by the municipality concerned.

Article 7 (1) An administrative authority which has the power to grant permission, authorization or confirmation for the new construction, extension, reconstruction, relocation, repair or remodeling of a building, for a change of intended purpose of a building or for use of a building, or a person delegated thereby, or a designated confirmation and inspection body which makes a confirmation under the provisions of Article 6-2, paragraph (1) of the Building Standards Act (Act No. 201 of 1950) (including as applied mutatis mutandis pursuant to Article 87, paragraph (1); hereinafter the same applies in this paragraph) (meaning a designated confirmation and inspection body prescribed in Article 77-21, paragraph (1) of that Act; hereinafter the same applies in this Article) may not grant that permission, authorization or confirmation or make a confirmation under the provisions of Article 6-2, paragraph (1) of that Act, respectively, without the consent of the fire chief or fire station chief who has jurisdiction over the construction site or location of the building for which that permission, authorization or confirmation or a confirmation under the provisions of Article 6-2, paragraph (1) of that Act is sought; provided, however, that this does not apply where the building for which a confirmation (including a confirmation under the provisions of Article 6-2, paragraph (1) of that Act) is sought is a residence (excluding a row house, apartment house and any other residence specified by Cabinet Order) within areas other than primary fire protection districts or secondary fire protection districts listed in Article 8, paragraph (1), item (v) of the City Planning Act (Act No. 100 of 1968) or where a building official makes a confirmation under the provisions of Article 6, paragraph (1) of the Building Standards Act as applied mutatis mutandis pursuant to Article 87-2 of that Act.

(2) Where a fire chief or fire station chief is requested to give consent pursuant to the provisions of the preceding paragraph, if the plan for the building is not in violation of the provisions of any Acts or any order or prefectural/municipal ordinance thereunder (if a fire chief or fire station chief is requested to give consent in cases where a building official or designated confirmation and inspection body makes a confirmation pursuant to the provisions of Article 6, paragraph (4) or Article 6-2, paragraph (1) of the Building Standards Act (including cases where these provisions are applied mutatis mutandis pursuant to Article 87, paragraph (1) of that Act) for the construction, major repair (meaning a major repair as set forth in Article 2, item (xiv) of that Act), major remodeling (meaning major remodeling as set forth in Article 2, item (xv) of that Act) of a building set forth in Article 6-3, paragraph (1), item (i) or item (ii) of that Act or for a change of intended purpose of that building, or makes a confirmation for the construction of a building as set forth in Article 6-3, paragraph (1), item (iii) of that Act, the provisions of the laws and regulations concerning the building standards specified by Cabinet Order as set forth in Article 6, paragraph (1) of that Act as applied by replacing the relevant terms and phrases pursuant to the provisions of Article 6-3, paragraph (1) of that Act are excluded), the fire chief or fire station chief must give consent within three days from the day on which the fire chief or fire station chief was requested to give consent in the case falling under Article 6, paragraph (1), item (iv) of that Act or within seven days from the day on which the fire chief or fire station chief was requested to give consent in other cases, and must give notice to the administrative authority or person delegated thereby or the designated confirmation and inspection body to that effect.In this case, the fire chief or fire station chief, when the fire chief or fire station chief finds any grounds on which the fire chief or fire station chief cannot give consent, must give notice to the administrative authority or person delegated thereby or the designated confirmation and inspection body to that effect by that time limit.

(3) The provisions of Article 68-20, paragraph (1) of the Building Standards Act (including as applied mutatis mutandis pursuant to Article 68-23, paragraph (2) of that Act) apply mutatis mutandis to the examination to be conducted by a fire chief or fire station chief when the fire chief or fire station chief is requested to give consent pursuant to the provisions of paragraph (1).

Article 8 (1) A person who holds the title to manage a school, hospital, factory, workplace, entertainment facility, department store (including a large-scale retail store specified by Cabinet Order as being equivalent thereto; the same applies hereinafter), a multi-purpose property under fire prevention measures (meaning a property under fire prevention measures used for two or more intended purposes specified by Cabinet Order; the same applies hereinafter), or any other property under fire prevention measures to which a number of people have access or in which a number of people work or reside and which is specified by Cabinet Order, must appoint a fire prevention manager from among qualified persons specified by Cabinet Order, and have that fire prevention manager prepare a fire defense plan, conduct drills for fire extinguishing activities, reporting and evacuation, inspect and improve the equipment used for fire defense, water supply for fire defense or facilities necessary for fire extinguishing activities, supervise the use or handling of fire, maintain and manage the structure and equipment necessary for evacuation or fire prevention, manage the capacity of the property at the appropriate level, and perform any other operations necessary for fire prevention management according to the fire defense plan with regard to that property under fire prevention measures.

(2) A person who holds the title set forth in the preceding paragraph, when tha person has appointed a fire prevention manager pursuant to the provisions of that paragraph, must notify the competent fire chief or fire station chief to that effect without delay. The same applies when that person has dismissed the fire prevention manager.

(3) If a fire chief or fire station chief finds that a fire prevention manager set forth in paragraph (1) has not been appointed, they may order the person who holds the title set forth in that paragraph to appoint a fire prevention manager pursuant to the provisions of that paragraph.

(4) Where a fire chief or fire station chief finds that the operations necessary for fire prevention management that should be performed pursuant to the provisions of paragraph (1) with regard to a property under fire prevention measures as set forth in that paragraph by a fire prevention manager as set forth in that paragraph have not been performed in accordance with the provisions of laws and regulations or a fire defense plan as set forth in that paragraph, they may order the person who holds the title set forth in that paragraph to take the necessary measures so as to ensure that those operations are performed in accordance with the provisions of laws and regulations or a fire defense plan.

(5) The provisions of Article 5, paragraph (3) and paragraph (4) apply mutatis mutandis to an order under the provisions of the preceding two paragraphs.

Article 8-2 (1) With regard to a high-rise building (meaning a building with a height of 31 meters or more; the same applies in Article 8-3, paragraph (1)) or other property under fire prevention measures specified by Cabinet Order, which is subject to management under separate titles, or an underground mall (meaning a combination of an underground passage and a set of stores, offices and other similar facilities established within an underground structure which stand in a row facing that underground passage; the same applies hereinafter), which is subject to management under separate titles, if that property is designated by a fire chief or fire station chief, those persons who hold the titles, through consultation, must prepare a fire defense plan and specify other matters concerning the operations necessary for fire prevention management, which are specified by Order of the Ministry of Internal Affairs and Communications.

(2) The persons who hold the titles set forth in the preceding paragraph, when they have specified the matters which are specified by Order of the Ministry of Internal Affairs and Communications, must notify the competent fire chief or fire station chief to that effect without delay. The same applies when they have made any changes to those matters.

(3) If a fire chief or fire station chief finds that the matters specified by Order of the Ministry of Internal Affairs and Communications set forth in paragraph (1) have not been specified, they may order the persons who hold the titles set forth in that paragraph to specify those matters pursuant to the provisions of that paragraph.

(4) The provisions of Article 5, paragraph (3) and paragraph (4) apply mutatis mutandis to an order under the provisions of the preceding paragraph.

Article 8-2-2 (1) A person who holds the title to manage a property under fire prevention measures as set forth in Article 8, paragraph (1) specified by Cabinet Order as one for which inspection is necessary from a fire prevention perspective, as provided for by Order of the Ministry of Internal Affairs and Communications, must have a person who has expert knowledge on the prevention of fire within a property under fire prevention measures and has a qualification specified by Order of the Ministry of Internal Affairs and Communications (hereinafter referred to as a "qualified inspector of property under fire prevention measures" in the following paragraph, paragraph (1) of the following Article and Article 36, paragraph (3)) inspect, periodically, whether or not the operations necessary for fire prevention management within the property under fire prevention measures, the installation and maintenance of equipment used for fire defense, supply of water for fire defense or facilities necessary for fire extinguishing activities and other matters necessary for the prevention of fire (referred to as the "matters subject to inspection" in the following paragraph, paragraph (1) of the following Article and Article 36, paragraph (3)) conform to the standards specified by Order of the Ministry of Internal Affairs and Communications regarding the matters provided for in this Act or any order under this Act (referred to as the "inspection standards" in the following paragraph, paragraph (1) of the following Article and Article 36, paragraph (3)), and have that person report the inspection results to a fire chief or fire station chief; provided, however, that this does not apply to the matters subject to the inspection and reporting under the provisions of Article 17-3-3.

(2) Where the matters subject to inspection pertaining to a property under fire prevention measures, as a result of an inspection under the provisions of the preceding paragraph (in the case of a property under fire prevention measures which is subject to management under separate titles, an inspection under the provisions of the preceding paragraph covering the whole of the property under fire prevention measures (excluding the part for which a certification is granted under the provisions of paragraph (1) of the following Article)), are judged by a qualified inspector of a property under fire prevention measures to conform to the inspection standards, a label stating the date of inspection and other matters specified by Order of the Ministry of Internal Affairs and Communications may be affixed to that property, as provided for by Order of the Ministry of Internal Affairs and Communications.

(3) Except in the case prescribed in the preceding paragraph, it is prohibited for any person to affix a label set forth in that paragraph or any label confusingly similar to a label set forth in that paragraph to any property under fire prevention measures.

(4) Upon finding any property under fire prevention measures to which a label set forth in paragraph (2) is affixed without complying with the provisions of paragraph (2) or to which a label confusingly similar to a label set forth in that paragraph is affixed, a fire chief or fire station chief may order the person concerned who holds title in that property under fire prevention measures to remove that label or affix a cancellation mark thereon.

(5) The provisions of paragraph (1) do not apply to a property under fire prevention measures for which the certification set forth in paragraph (1) of the following Article is granted.

Article 8-2-3 (1) A fire chief or fire station chief may certify a property under fire prevention measures set forth in paragraph (1) of the preceding Article which satisfies the following requirements, as a property under fire prevention measures for which special provisions should be established with regard to the application of the provisions of that paragraph, upon an application from the person who holds the title to manage the property under fire prevention measures:

(i) three years have passed since the applicant commenced the management of the property under fire prevention measures;

(a) an order under the provisions of Article 5, paragraph (1), Article 5-2, paragraph (1), Article 5-3, paragraph (1), Article 8, paragraph (3) or paragraph (4), Article 8-2-5, paragraph (3) or Article 17-4, paragraph (1) or paragraph (2) has been issued within the past three years (limited to cases where the position, structure, equipment or the status of the management of the property under fire prevention measures is in violation of this Act or any order under this Act or of other laws and regulations), or the grounds for that order currently exist;

(b) the certification has been rescinded under the provisions of paragraph (6) within the past three years, or the grounds for that rescission currently exist;

(c) no inspection or reporting under the provisions of paragraph (1) of the preceding Article has been conducted within the past there years, or a false report has been made in the reporting set forth in that paragraph, notwithstanding the provisions of that paragraph; or

(d) as a result of the inspection under the provisions of paragraph (1) of the preceding Article, the matters subject to inspection pertaining to the property under fire prevention measures have been judged by a qualified inspector of property under fire prevention measures to fail to conform to the inspection standards within the past three years; or

(iii) in addition to what is specified in the preceding item, the property under fire prevention measures is judged to conform to the standards specified by Ordinance of the Ministry of Internal Affairs and Communications as proving excellent compliance with this Act or any order under this Act.

(2) An applicant, as provided for by Order of the Ministry of Internal Affairs and Communications, must apply to a fire chief or fire station chief by attaching, to a written application, a document stating the location of the property under fire prevention measures for which a certification under the provisions of the preceding paragraph is sought and other matters specified by Order of the Ministry of Internal Affairs and Communications, and undergo an inspection.

(3) When a fire chief or fire station chief has granted a certification under the provisions of paragraph (1) or decided not to grant that certification, they, as provided for by Order of the Ministry of Internal Affairs and Communications, must give notice to the applicant to that effect.

(4) When a property under fire prevention measures for which a certification under the provisions of paragraph (1) was granted has come to fall under any of the following, the certification ceases to be effective:

(i) when three years have passed since the certification was granted (in cases where an application under the provisions of paragraph (2) has been filed with regard to the property under fire prevention measures before three years have passed since the certification was granted, the certification ceases to be effective when the notice under the preceding paragraph has been given); or

(ii) when there has been a change of the person holding the title to manage the property under fire prevention measures.

(5) When there has been a change of the person holding the title to manage the property under fire prevention measures for which a certification under the provisions of paragraph (1) was granted, the person who initially held the title, as provided for by Order of the Ministry of Internal Affairs and Communications, must notify a fire chief or fire station chief to that effect.

(6) When a property under fire prevention measures for which a certification under the provisions of paragraph (1) was granted falls under any of the following, the fire chief or fire station chief must rescind the certification:

(ii) when an order under the provisions of Article 5, paragraph (1), Article 5-2, paragraph (1), Article 5-3, paragraph (1), Article 8, paragraph (3) or paragraph (4), Article 8-2-5, paragraph (3) or Article 17-4, paragraph (1) or paragraph (2) is issued (limited to cases where the position, structure equipment or the status of the management of the property under fire prevention measures is in violation of this Act or any order under this Act or of other laws and regulations); or

(iii) when the property under fire prevention measures ceases to fall under paragraph (1), item (iii).

(7) With regard to a property under fire prevention measures for which a certification under the provisions of paragraph (1) was granted (in the case of a property under fire prevention measures which is subject to management under separate titles, limited to that property under fire prevention measures where a certification under the provisions of that paragraph was granted for the property as a whole), a label stating the date of certification and other matters specified by Order of the Ministry of Internal Affairs and Communications may be affixed to that property, as provided for by Order of the Ministry of Internal Affairs and Communications.

(8) The provisions of paragraph (3) and paragraph (4) of the preceding Article apply mutatis mutandis to a label set forth in the preceding paragraph.

Article 8-2-4 A person who holds the title to manage a school, hospital, factory, workplace, entertainment facility, department store, hotel, restaurant, underground mall, multi-purpose property under fire prevention measures or any other property under fire prevention measures specified by Cabinet Order must manage the corridors, staircases, escape exits and other facilities necessary for evacuation within the property under fire prevention measures so as to avoid any object that is likely to hinder evacuation from being left unaddressed or retained without due cause around these facilities, and must also manage the fire doors within that property so as to avoid any object that is likely to hinder the closing of the doors from being left unaddressed or retained without due cause in front of the doors.

Article 8-2-5 (1) A person who has the title to manage a property under fire prevention measures set forth in Article 8, paragraph (1), to which a number of people have access and which is specified by Cabinet Order as a large-scale property, must set up a fire defense organization for self-protection within the property under fire prevention measures, as provided for by Cabinet Order.

(2) When the person who holds the title set forth in the preceding paragraph has set up a fire defense organization for self-protection pursuant to the provisions of that paragraph, they must notify the competent fire chief or fire station chief of the current status of the staff of the fire defense organization for self-protection and other matters specified by Order of the Ministry of Internal Affairs and Communications without delay. The same applies when the person has made any changes to those matters.

(3) If a fire chief or fire station chief finds that a fire defense organization for self-protection as set forth in paragraph (1) has not been set up, they may order the person who has the title set forth in that paragraph to set up a fire defense organization for self-protection pursuant to the provisions of that paragraph.

(4) The provisions of Article 5, paragraph (3) and paragraph (4) apply mutatis mutandis to an order under the provisions of the preceding paragraph.

Article 8-3 (1) Goods under the flame retardancy requirement to be used in a high-rise building or an underground mall or a theater, cabaret, hotel, hospital or any other property under fire prevention measures specified by Cabinet Order (meaning stage curtains and other curtains, plywood for display and other similar goods specified by Cabinet Order; the same applies hereinafter) must be flame retardant to a level which satisfies or exceeds the standards specified by Cabinet Order.

(2) With regard to goods under the flame retardancy requirement or materials thereof which are flame retardant as set forth in the preceding paragraph (hereinafter referred to as "flame retardant goods" in this Article), a label stating that the respective goods are flame retardant as set forth in that paragraph may be affixed to the goods, as provided for by Order of the Ministry of Internal Affairs and Communications.

(3) Except in cases when affixing a label pursuant to the provisions of the preceding paragraph and when affixing a label relating to the flame retardancy of goods under the flame retardancy requirement or materials thereof, which is specified by Order of the Ministry of Internal Affairs and Communications, pursuant to the provisions of the Industrial Standardization Act (Act No. 185 of 1949) or other Acts specified by Cabinet Order (that label is hereinafter referred to as a "designated label" in this Article), it is prohibited for any person to affix a label set forth in that paragraph or any confusingly similar label to goods under the flame retardancy requirement or materials thereof.

(4) No goods under the flame retardancy requirement or materials thereof must be sold or displayed for sale as flame retardant goods unless a label set forth in paragraph (2) or a designated label is affixed to them.

(5) When the person concerned with the property under fire prevention measures set forth in paragraph (1) has had a third party treat goods under the flame retardancy requirement, which are to be used within that property under fire prevention measures, so that those goods under the flame retardancy requirement or materials thereof will be flame retardant as set forth in that paragraph, or has had a third party make curtains or other goods under the flame retardancy requirement by using cloth or other materials to which a label set forth in paragraph (2) or a designated label is affixed, that person must clearly indicate that fact as provided for by Order of the Ministry of Internal Affairs and Communications.

Article 9 The matters necessary for prevention of fire with regard to the position, structure and management of fixed cooking stoves, bath heaters and other equipment which uses fire or equipment which might pose a fire risk when used, the handling of kitchen ranges, kotatsu [a heater consisting of a low table with a heat source underneath, covered with a heavy blanket] and other appliances which use fire or appliances which might pose a fire risk when used, and other cases of the use of fire are specified by municipal ordinance in accordance with the standards specified by Cabinet Order.

Article 9-2 (1) A person concerned with a property under fire prevention measures to be used for a residential purpose (in the case of a property under fire prevention measures which is partially used for purposes other than a residential purpose, excluding the part to be used for those purposes other than a residential purpose; hereinafter referred to as a "residence" in this Article) must install and maintain a disaster prevention device for a residence (meaning a machine, tool or equipment useful for the prevention of fire in a residence, which is specified by Cabinet Order; hereinafter the same applies in this Article) in accordance with the standards for installation and maintenance of disaster prevention devices for residences under the provisions of the following paragraph.

(2) The standards for the installation and maintenance of disaster prevention devices for residences and other matters necessary for prevention of fire at a residence are specified by municipal ordinance in accordance with the standards specified by Cabinet Order.

Article 9-3 (1) A person who stores or handles compressed acetylene gas, liquefied petroleum gas or any other substance which is likely to seriously hinder fire prevention or fire extinguishing activities and is specified by Cabinet Order must notify the competent fire chief or fire station chief to that effect in advance; provided, however, that this does not apply in cases where that substance is stored or handled by means of a ship, automobile, aircraft, railway or tramway or in other cases specified by Cabinet Order.

(2) The provisions of the preceding paragraph apply mutatis mutandis where the storage or handling set forth in that paragraph is discontinued.

Article 9-4 (1) The technical standards for the storage and handling of hazardous materials less than the quantity designated by Cabinet Order by taking into consideration the dangerousness of the hazardous materials (hereinafter referred to as the "designated quantity"), and of straw products, wood-wool and other goods designated by Cabinet Order as goods which will, once having caught fire, lead to the quick spread of the fire or make it extremely difficult to carry out fire extinguishing activities; (hereinafter referred to as "designated flammable goods") or other goods similar to designated flammable goods, are specified by municipal ordinance.

(2) The technical standards for the position, structure and equipment of facilities where hazardous materials less than the designated quantity, designated flammable goods or other goods similar to designated flammable goods are stored or handled (excluding the technical standards for fire defense equipment, etc. set forth in Article 17, paragraph (1)) are specified by municipal ordinance.

Article 10 (1) Hazardous materials of the designated quantity or a larger quantity must not be stored at facilities other than a storage facility (including a storage facility for storing or handling hazardous materials by means of a tank mounted on a vehicle (hereinafter referred to as a "mobile tank storage facility"); the same applies hereinafter), nor must they be handled at facilities other than a manufacturing facility, storage facility and handling facility; provided, however, that this does not apply where the designated quantity or a larger quantity of hazardous materials are stored or handled temporarily for not more than ten days with the approval of the competent fire chief or fire station chief.

(2) When storing or handling, at the same facility, two or more types of hazardous materials which are categorized by different material names as listed in Appended Table 1 (simply referred to as "names of materials" in Article 11-4, paragraph (1)) or for which different quantities are designated, if the sum of the quotients obtained by dividing the quantities of these types of hazardous materials stored or handled at that facility by the designated quantities for respective types of hazardous materials equals or exceeds one, that facility is deemed to be storing or handling the designated quantity or a larger quantity of hazardous materials.

(3) The storage or handling of hazardous materials to be conducted at a manufacturing facility, storage facility or handling facility must be conducted in accordance with the technical standards specified by Cabinet Order.

(4) The technical standards for the position, structure and equipment of a manufacturing facility, storage facility and handling facility must be specified by Cabinet Order.

Article 11 (1) A person who intends to establish a manufacturing facility, storage facility or handling facility, as provided for by Cabinet Order, obtain permission for each manufacturing facility, must storage facility or handling facility from the person specified in each of the following items according to the categories of manufacturing facility, storage facility or handling facility listed in the respective items. The same applies to a person who intends to change the position, structure or equipment of a manufacturing facility, storage facility or handling facility:

(i) a manufacturing facility, storage facility or handling facility (excluding a facility for handling transfer of hazardous materials through piping, as specified by Cabinet Order (hereinafter referred to as a "handling facility for transfer")) to be established in the area of a municipality which has fire defense headquarters and a fire station(s) (referred to as a "municipality with fire defense headquarters, etc." in the following item and item (iii)):a mayor of that municipality;

(ii) a manufacturing facility, storage facility or handling facility (excluding a handling facility for transfer) to be established in the area of a municipality other than a municipality with fire defense headquarters, etc.:a prefectural governor who has jurisdiction over that area;

(iii) a handling facility for transfer to be established in the area of a single municipality with fire defense headquarters, etc.:a mayor of that municipality; or

(iv) a handling facility for transfer other than the one set forth in the preceding item:a prefectural governor who has jurisdiction over the area where the handling facility for transfer is to be established (or the Minister of Internal Affairs and Communications in cases where the handling facility for transfer is to be established over the areas of two or more prefectures).

(2) The municipal mayor, prefectural governor or Minister of Internal Affairs and Communications specified in each of the items of the preceding paragraph according to the categories of manufacturing facility, storage facility or handling facility listed in the respective items (hereinafter referred to as the "municipal mayor, etc." in this Chapter and the following Chapter), upon application for permission under the provisions of that paragraph, must grant permission if the position, structure and equipment of the manufacturing facility, storage facility or handling facility conform to the technical standards set forth in paragraph (4) of the preceding Article and the storage or handling of hazardous materials to be conducted at the manufacturing facility, storage facility or handling facility is unlikely to hinder the maintenance of public safety or the prevention of the occurrence of disasters.

(3) When the Minister of Internal Affairs and Communications intends to grant permission under the provisions of paragraph (1), item (iv) with regard to a handling facility for transfer, the Minister must give notice to the relevant prefectural governors to that effect.In this case, those relevant prefectural governors may state their opinions to the Minister concerning the permission.

(4) With regard to the permission under the provisions of paragraph (1), item (iv) for a handling facility for transfer, the relevant municipal mayors may state their opinions to the prefectural governor or the Minister of Internal Affairs and Communications.

(5) When a person who obtained permission under the provisions of paragraph (1) has established a manufacturing facility, storage facility or handling facility or changed the position, structure or equipment of a manufacturing facility, storage facility or handling facility, that person must not use the manufacturing facility, storage facility or handling facility until after the respective facility has undergone a completion inspection conducted by the municipal mayor, etc. and is judged to conform to the technical standards set forth in paragraph (4) of the preceding Article; provided, however, that in cases where that person changes the position, structure or equipment of a manufacturing facility, storage facility or handling facility, if that person has obtained approval from the municipal mayor, etc., in whole or in part, for the manufacturing facility, storage facility or handling facility other than the part pertaining to the construction work for making the change, that person may provisionally use the approved part even before undergoing a completion inspection.

(6) In the event of an assignment or transfer of a manufacturing facility, storage facility or handling facility, the assignee or transferee succeeds to the status of the person who obtained permission under the provisions of paragraph (1).In this case, the person who has succeeded to the status of the person who obtained permission under the provisions of that paragraph must notify the municipal mayor, etc. to that effect without delay.

(7) When a municipal mayor, etc. has granted permission under the provisions of paragraph (1) (excluding permission to be granted under the provisions of the second sentence of that paragraph for minor matters specified by Order of the Ministry of Internal Affairs and Communications) for a manufacturing facility, storage facility or handling facility specified by Cabinet Order, that municipal mayor, etc., as provided for by Cabinet Order, must report to the National Public Safety Commission or the prefectural public safety commission or the Commandant of the Japan Coast Guard to that effect.

Article 11-2 (1) A person who has obtained permission under the provisions of paragraph (1) of the preceding Article for the establishment of a manufacturing facility, storage facility or handing facility specified by Cabinet Order or for a change to the position, structure or equipment thereof, with regard to the construction work specified by Cabinet Order for which the permission has been granted, must undergo an inspection conducted by a municipal mayor, etc. for each construction process specified by Cabinet Order, in terms of whether or not the matters concerning the structure or equipment of that manufacturing facility, storage facility or handling facility, as specified by Cabinet Order (hereinafter referred to as the "specified matters" in this Article and the following Article), conform to the technical standards set forth in Article 10, paragraph (4), before undergoing a completion inspection as set forth in paragraph (5) of the preceding Article.

(2) Until after the specified matters are judged to conform to the technical standards set forth in Article 10, paragraph (4) in the inspection set forth in the preceding paragraph, the person prescribed in the preceding paragraph may not undergo a completion inspection as set forth in paragraph (5) of the preceding Article with regard to the construction work for establishing the manufacturing facility, storage facility or handling facility pertaining to those specified matters or for changing the position, structure or equipment thereof.

(3) When the person prescribed in paragraph (1) undergoes a completion inspection as set forth in paragraph (5) of the preceding Article with regard to the construction work for establishing the manufacturing facility, storage facility or handling facility pertaining to the specified matters which have been judged in the inspection set forth in paragraph (1) to conform to the technical standards set forth in Article 10, paragraph (4) or for changing the position, structure or equipment thereof, that person is not required to undergo a completion inspection as set forth in paragraph (5) of the preceding Article with regard to those specified matters.

Article 11-3 In the cases listed in the following items, a municipal mayor, etc. may entrust the matters specified in the respective items to the Hazardous Materials Safety Techniques Association (Kikenbutsu Hoangijutsu Kyokai, KHK) (referred to as the "Association" in Article 14-3, paragraph (3)):

(i) in the case referred to in Article 11, paragraph (2), where the storage facility for which an application for permission is filed under the provisions of paragraph (1) of that Article is an outdoor tank storage facility (meaning a storage facility which stores or handles hazardous materials by means of a tank situated outdoors; the same applies hereinafter) specified by Cabinet Order:an examination in terms of whether or not the matters concerning the structure or equipment of the outdoor tank storage facility, as specified by Cabinet Order, conform to the technical standards set forth in Article 10, paragraph (4); and

(ii) in the case referred to in paragraph (1) of the preceding Article, where the storage facility set forth in that paragraph is an outdoor tank storage facility as specified by Cabinet Order:an examination in terms of whether or not the specified matters pertaining to the outdoor tank storage facility which are specified by Cabinet Order conform to the technical standards set forth in Article 10, paragraph (4).

Article 11-4 (1) A person who intends, without changing the position, structure or equipment of a manufacturing facility, storage facility or handling facility, to change the name, quantity or multiple of the designated quantity of the hazardous materials stored or handled at the manufacturing facility, storage facility or handling facility (the multiple of the designated quantity means the value obtained by dividing the quantity of the hazardous materials stored or handled at the manufacturing facility, storage facility or handling facility by the designated quantity of those hazardous materials (in cases when storing or handling two or more types of hazardous materials which are categorized by different names of materials or for which different designated quantities are designated, the sum of the values obtained by dividing the quantities of these types of hazardous materials stored or handled by the designated quantities of the respective types of hazardous materials)), must notify the municipal mayor, etc. to that effect no later than ten days prior to the day on which the change is scheduled.

(2) In the case referred to in the preceding paragraph, among the hazardous materials listed in the Name of Materials column of Appended Table 1, those which are referred to in Type 1, item (xi), Type 2, item (viii), Type 3, item (xii), Type 5, item (xi), or Type 6, item (v) of that table are deemed to be hazardous materials that have different names if those materials contain several types of materials that have different names as set forth in the Name of Materials column.

(3) The provisions of Article 11, paragraph (7) apply mutatis mutandis where a notification under paragraph (1) is made with regard to a manufacturing facility, storage facility or handling facility as prescribed in Article 11, paragraph (7).

Article 11-5 (1) When a municipal mayor, etc. finds that the storage or handling of hazardous materials conducted at a manufacturing facility, storage facility (excluding a mobile tank storage facility) or handling facility is in violation of the provisions of Article 10, paragraph (3), that municipal mayor, etc. may order the owner, manager or possessor of the manufacturing facility, storage facility or handling facility to store or handle hazardous materials in accordance with the technical standards set forth in that paragraph.

(2) A municipal mayor (in the area of a municipality other than a municipality which has fire defense headquarters and a fire station(s), the prefectural governor who has jurisdiction over that area; the same applies in the following paragraph and paragraph (4)) may, in the same manner as that prescribed in the preceding paragraph, order that the storage or handling of hazardous materials at a mobile tank storage facility located in the area under that mayor's jurisdiction should be conducted in accordance with the technical standards set forth in Article 10, paragraph (3).

(3) When a municipal mayor has issued an order under the provisions of the preceding paragraph, that municipal mayor must promptly give notice to that effect, as provided for by Order of the Ministry of Internal Affairs and Communications, to the municipal mayor, etc. who granted permission under the provisions of Article 11, paragraph (1) for the mobile tank storage facility to which the order has been issued.

(4) Where a municipal mayor, etc. or municipal mayor has issued an order under the provisions of paragraph (1) or paragraph (2) respectively, that municipal mayor, etc. or municipal mayor must give public notice to that effect by posting a sign or by other methods specified by Order of the Ministry of Internal Affairs and Communications.

(5) The sign set forth in the preceding paragraph may be posted at the manufacturing facility, storage facility or handling facility for which an order is issued under the provisions of paragraph (1) or paragraph (2).In this case, the owner, manager or possessor of the manufacturing facility, storage facility or handling facility for which an order is issued under the provisions of paragraph (1) or paragraph (2) must not refuse or obstruct posting of the sign.

Article 12 (1) The owner, manager or possessor of a manufacturing facility, storage facility or handling facility must maintain the manufacturing facility, storage facility or handling facility so that the position, structure and equipment of the facility conform to the technical standards set forth in Article 10, paragraph (4).

(2) When a municipal mayor, etc. finds that the position, structure and equipment of a manufacturing facility, storage facility or handling facility fail to conform to the technical standards set forth in Article 10, paragraph (4), that municipal mayor, etc. may order the owner, manager or possessor of the manufacturing facility, storage facility or handling facility who holds title to repair, modify or relocate the facility so as to conform to the technical standards set forth in that paragraph.

(3) The provisions of paragraph (4) and paragraph (5) of the preceding Article apply mutatis mutandis to an order under the provisions of the preceding paragraph.

Article 12-2 (1) When the owner, manager or possessor of a manufacturing facility, storage facility or handling facility falls under any of the following items, a municipal mayor, etc. may rescind the permission granted under Article 11, paragraph (1) for the manufacturing facility, storage facility or handling facility or specify a time period and order the suspension of the use of the facility for that period:

(i) where the owner, manager or possessor has changed the position, structure or equipment of the manufacturing facility, storage facility or handling facility without obtaining permission under the provisions of the second sentence of Article 11, paragraph (1);

(ii) where the owner, manager or possessor has used the manufacturing facility, storage facility or handling facility in violation of the provisions of Article 11, paragraph (5);

(iii) where the owner, manager or possessor has violated an order under the provisions of paragraph (2) of the preceding Article;

(iv) where the owner, manager or possessor has violated the provisions of Article 14-3, paragraph (1) or paragraph (2); or

(2) When the owner, manager or possessor of a manufacturing facility, storage facility or handling facility falls under any of the following items, a municipal mayor, etc. may specify a time period and oreder the suspension of the use of the manufacturing facility, storage facility or handling facility for that period:

(i) where the owner, manager or possessor has violated an order under the provisions of Article 11-5, paragraph (1) or paragraph (2);

(ii) where the owner, manager or possessor has violated the provisions of Article 12-7, paragraph (1);

(iii) where the owner, manager or possessor has violated the provisions of Article 13, paragraph (1); or

(iv) where the owner, manager or possessor has violated an order under the provisions of Article 13-24, paragraph (1).

(3) The provisions of Article 11-5, paragraph (4) and paragraph (5) apply mutatis mutandis to an order under the provisions of the preceding two paragraphs.

Article 12-3 (1) When a municipal mayor, etc. finds that it is urgently necessary in order to maintain public safety or prevent the occurrence of disasters, that municipal mayor, etc. may order the owner, manager or possessor of a manufacturing facility, storage facility or handling facility to suspend temporarily the use of the manufacturing facility, storage facility or handling facility or may restrict the use of the facility.

(2) The provisions of Article 11-5, paragraph (4) and paragraph (5) apply mutatis mutandis to an order under the provisions of the preceding paragraph.

Article 12-4 (1) When the relevant municipal mayor finds that there is a risk of a disaster occurring in relation to the establishment or maintenance of a handling facility for transfer for which permission has been granted under the provisions of Article 11, paragraph (1), item (iv) by a prefectural governor or the Minister of Internal Affairs and Communications (hereinafter referred to as "prefectural governor, etc." in this Article) or the handling of hazardous materials at that handling facility for transfer, that relevant municipal mayor may request that prefectural governor, etc. to take necessary measures.

(2) The prefectural governor, etc., at the request set forth in paragraph (1) of the preceding Article, must conduct the necessary investigation, and must take the measures specified under the provisions of Article 11-5, paragraph (1), Article 12, paragraph (2) or the preceding Article or any other necessary measures if that prefectural governor, etc. finds it necessary based on the investigation results.

(3) When the prefectural governor, etc. has taken the measures set forth in the preceding paragraph, that prefectural governor, etc. must promptly give notice to the relevant municipal mayors to that effect.

Article 12-5 The owner, manager or possessor of a handling facility for transfer specified by Cabinet Order must consult with the relevant municipal mayor(s) in advance with regard to the emergency measures to be taken in the event that an outflow of hazardous materials or any other accident occurs and causes a dangerous situation at that handling facility.

Article 12-6 When the owner, manager or possessor of a manufacturing facility, storage facility or handling facility has discontinued the use of the manufacturing facility, storage facility or handling facility for its intended purpose, that owner, manager or possessor must notify the municipal mayor, etc. to that effect without delay.

Article 12-7 (1) A person who owns, manages or possesses, at the same place of business, manufacturing facilities, storage facilities or handling facilities as specified by Cabinet Order and who stores or handles hazardous materials of the quantity specified by Cabinet Order or a larger quantity, as provided for by Cabinet Order, must appoint a hazardous materials safety supervising manager and have that hazardous materials safety supervising manager supervise and manage the operations for ensuring the safety of hazardous materials at that place of business.

(2) When a person who owns, manages or possesses manufacturing facilities, storage facilities or handling facilities has appointed a hazardous materials safety supervising manager pursuant to the provisions of the preceding paragraph, that person must notify the municipal mayor, etc. to that effect without delay. The same applies when that person has dismissed the hazardous materials safety supervising manager.

Article 13 (1) The owner, manager or possessor of a manufacturing facility, storage facility or handling facility specified by Cabinet Order must appoint a hazardous materials security superintendent from among Class A hazardous materials engineers (meaning persons who have obtained a Class A hazardous materials engineer's license; the same applies hereinafter) or Class B hazardous materials engineers (meaning persons who have obtained a Class B hazardous materials engineer's license; the same applies hereinafter) who have had work experience in handling hazardous materials for at least six months, and have that hazardous materials security superintendent supervise the safety of the handling of the hazardous materials that the hazardous materials security superintendent is qualified to handle, as provided for by Order of the Ministry of Internal Affairs and Communications.

(2) When the owner, manager or possessor of a manufacturing facility, storage facility or handling facility has appointed a hazardous materials security superintendent pursuant to the provisions of the preceding paragraph, that owner, manager or possessor must notify the municipal mayor, etc. to that effect without delay. The same applies when that owner, manager or possessor has dismissed the hazardous materials security superintendent.

(3) At a manufacturing facility, storage facility or handling facility, a person other than a hazardous materials engineer (meaning a person who has obtained a hazardous materials engineer's license; the same applies hereinafter) must not handle hazardous materials without the attendance of a Class A hazardous materials engineer or Class B hazardous materials engineer.

Article 13-2 (1) The types of hazardous materials engineer's license are a Class A hazardous materials engineer's license, Class B hazardous materials engineer's license, and Class C hazardous materials engineer's license.

(2) The types of hazardous materials that a hazardous materials engineer is qualified to handle and of hazardous materials which a Class A hazardous materials engineer or a Class B hazardous materials engineer is qualified to observe the handling of are specified by Order of the Ministry of Internal Affairs and Communications according to the types of hazardous materials engineer's licenses prescribed in the preceding paragraph.

(3) A hazardous materials engineer's license is issued by a prefectural governor to a person who has passed a hazardous materials engineer's qualification examination.

(4) A prefectural governor may choose not to issue a hazardous materials engineer's license to a person who falls under any of the following items:

(i) a person who was ordered to return a hazardous materials engineer's license pursuant to the provisions of the following paragraph, where a period of one year has not elapsed from the day on which that person was thus ordered; or

(ii) a person who was sentenced to a fine or severer punishment for violating the provisions of this Act or orders under this Act, where a period of two years has not elapsed from the day on which the execution of the sentence was completed or that person became free from the execution of the sentence.

(5) If a hazardous materials engineer is in violation of the provisions of this Act or orders under this Act, the prefectural governor who has issued a hazardous materials engineer's license to that hazardous materials engineer may order that hazardous materials engineer to return the hazardous materials engineer's license.

(6) When a prefectural governor finds, within the area under that prefectural governor's jurisdiction, that any hazardous materials engineer who has obtained a hazardous materials engineer's license from another prefectural governor is in violation of the provisions of this Act or orders under this Act, the prefectural governor finding it must give notice to that other prefectural governor to that effect.

(7) In addition to what is prescribed in each of the preceding paragraphs, the revision or reissuance of a hazardous materials engineer's license and any other necessary matters concerning a hazardous materials engineer's license is prescribed by Cabinet Order.

Article 13-3 (1) A hazardous materials engineer's qualification examination is conducted to assess the knowledge and skills necessary for ensuring the safety of the handling of hazardous materials.

(2) The types of hazardous materials engineer's qualification examination are a Class A hazardous materials engineer's qualification examination, Class B hazardous materials engineer's qualification examination, and Class C hazardous materials engineer's qualification examination.

(3) A hazardous materials engineer's qualification examination is conducted by a prefectural governor at least once a year for each type of hazardous materials engineer's qualification examination prescribed in the preceding paragraph.

(4) A person who falls under any of the following items may take a Class A hazardous materials engineer's qualification examination:

(i) a person who has graduated from a university or college of technology under the School Education Act (Act No. 26 of 1947) by completing a major or course in chemistry or a person specified by Order of the Ministry of Internal Affairs and Communications as being equivalent to that person; or

(ii) a person who has had work experience in handling hazardous materials for at least two years after obtaining a Class B hazardous materials engineer's license.

(5) In addition to what is prescribed in each of the preceding paragraphs, the subjects of a hazardous materials engineer's qualification examination, procedure for taking the qualification examination and other details concerning the implementation of the qualification examination are specified by Order of the Ministry of Internal Affairs and Communications.

Article 13-4 (1) A prefecture may, by prefectural ordinance, appoint examiners for a hazardous materials engineer's qualification examination in order to have them prepare questions for a hazardous materials engineer's qualification examination, mark examination papers and conduct other relevant affairs.

(2) The organization and the term of office of examiners for a hazardous materials engineer's qualification examination as prescribed in the preceding paragraph, and other necessary matters concerning examiners for a hazardous materials engineer's qualification examination are prescribed by that prefectural ordinance.

Article 13-5 (1) A prefectural governor may entrust a person designated by the Minister of Internal Affairs and Communications to conduct the affairs concerning the implementation of a hazardous materials engineer's qualification examination (hereinafter referred to as the "hazardous materials engineer's qualification examination affairs" in this Chapter).

(2) The designation under the provisions of the preceding paragraph is made upon an application from a person who intends to conduct the hazardous materials engineer's qualification examination affairs.

(3) When a prefectural governor has a person designated by the Minister of Internal Affairs and Communications conduct the hazardous materials engineer's qualification examination affairs pursuant to the provisions of paragraph (1), that prefectural governor is not to conduct the hazardous materials engineer's qualification examination affairs.

Article 13-6 (1) The Minister of Internal Affairs and Communications must not make a designation under the provisions of paragraph (1) of the preceding Article unless the Minister finds that the application filed under the provisions of paragraph (2) of that Article satisfies the following requirements:

(i) the applicant's plan for the implementation of the hazardous materials engineer's qualification examination affairs, which covers personnel, equipment, the method of conducting the hazardous materials engineer's qualification examination affairs and other matters, is appropriate for proper and reliable implementation of the hazardous materials engineer's qualification examination affairs;

(ii) the applicant has the financial and technical basis necessary for properly and reliably implementing the plan for the implementation of the hazardous materials engineer's qualification examination affairs set forth in the preceding item; and

(iii) where the applicant is engaged in a business other than conducting the hazardous materials engineer's qualification examination affairs, it is unlikely that the applicant will conduct the hazardous materials engineer's qualification examination affairs unfairly due to carrying out that other business.

(2) The Minister of Internal Affairs and Communications must not make a designation under the provisions of paragraph (1) of the preceding Article if the person who has filed an application under the provisions of paragraph (2) of that Article falls under any of the following:

(ii) the person was sentenced to a punishment for violating this Act, where a period of two years has not elapsed from the day on which the execution of the sentence was completed or that person became free from the execution of the sentence;

(iii) the person's designation was rescinded pursuant to the provisions of Article 13-18, paragraph (1) or paragraph (2), where a period of two years has not elapsed from the date of the rescission; or

(b) a person who was dismissed by an order under the provisions of Article 13-9, paragraph (2), where a period of two years has not elapsed from the date of the dismissal.

Article 13-7 (1) When the Minister of Internal Affairs and Communications has made a designation under the provisions of Article 13-5, paragraph (1), the Minister must give public notice of the name of the person designated and the location of the principal office thereof as well as the date of the designation.

(2) When a person designated under the provisions of Article 13-5, paragraph (1) (hereinafter referred to as a "designated examining body" in this Chapter) intends to change its name or the location of its principal office, the person must notify the Minister of Internal Affairs and Communications to that effect no later than two weeks prior to the day on which the change is scheduled.

(3) When a notification is made under the provisions of the preceding paragraph, the Minister of Internal Affairs and Communications must give public notice to that effect.

Article 13-8 (1) A prefectural governor who has decided to entrust a designated examining body to conduct their hazardous materials engineer's qualification examination affairs pursuant to the provisions of Article 13-5, paragraph (1) (hereinafter referred to as an "entrusting prefectural governor") must report to the Minister of Internal Affairs and Communications to that effect and give public notice of the name of the designated examining body, the location of its principal office and the location of its office where the hazardous materials engineer's qualification examination affairs are to be handled, as well as the date on which that prefectural governor came to entrust the designated examining body to conduct the hazardous materials engineer's qualification examination affairs.

(2) When a designated examining body intends to change its name, the location of its principal office or the location of its office where the hazardous materials engineer's qualification examination affairs are handled, it must notify the entrusting prefectural governor (in the case of the location of the office where the hazardous materials engineer's qualification examination affairs are handled, the relevant entrusting prefectural governor) no later than two weeks prior to the day on which the change is scheduled.

(3) When a notification is made under the provisions of the preceding paragraph, the entrusting prefectural governor must give public notice to that effect.

Article 13-9 (1) The appointment and dismissal of an officer of a designated examining body does not become effective unless authorized by the Minister of Internal Affairs and Communications.

(2) When an officer of a designated examining body has committed an act in violation of this Act (including orders or dispositions under this Act) or the qualification examination affairs rules set forth in Article 13-12, paragraph (1) or committed an extremely inappropriate act concerning the hazardous materials engineer's qualification examination affairs, the Minister of Internal Affairs and Communications may order the designated examining body to dismiss that officer.

Article 13-10 (1) A designated examining body must appoint examiners for a hazardous materials engineer's qualification examination from among those persons who satisfy the requirements specified by Order of the Ministry of Internal Affairs and Communications, and have them prepare questions for the qualification examination and mark examination papers.

(2) When a designated examining body has appointed or dismissed an examiner for a hazardous materials engineer's qualification examination as set forth in the preceding paragraph, it must notify the Minister of Internal Affairs and Communications to that effect without delay.

(3) The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to the dismissal of an examiner for a hazardous materials engineer's qualification examination as set forth in paragraph (1).

Article 13-11 (1) Persons who are officers or employees of a designated examining body (including examiners for a hazardous materials engineer's qualification examination as set forth in paragraph (1) of the preceding Article; the same applies in the following paragraph) or those who have held these posts must not divulge any secrets that they have come to know in connection with the hazardous materials engineer's qualification examination affairs.

(2) With regard to the application of the Penal Code (Act No. 45 of 1907) and other penal provisions, officers and employees of a designated examining body who are engaged in the hazardous materials engineer's qualification examination affairs are deemed to be personnel engaged in public service under laws and regulations.

Article 13-12 (1) A designated examining body must establish qualification examination affairs rules with regard to the affairs concerning the implementation of the hazardous materials engineer's qualification examination affairs specified by Order of the Ministry of Internal Affairs and Communications, and obtain authorization from the Minister of Internal Affairs and Communications. The same applies when a designated examining body intends to revise the rules.

(2) A designated examining body must hear opinions from the entrusting prefectural governor when it intends to revise its qualification examination affairs rules pursuant to the provisions of the second sentence of the preceding paragraph.

(3) When the Minister of Internal Affairs and Communications finds that the qualification examination affairs rules for which the Minister granted authorization under the provisions of paragraph (1) have become inappropriate for proper and reliable implementation of the hazardous materials engineer's qualification examination affairs, the Minister may order the designated examining body to revise the rules.

Article 13-13 (1) A designated examining body must prepare a business plan and an income and expenditure budget for each business year, and obtain authorization from the Minister of Internal Affairs and Communications prior to the commencement of the business year (or without delay after obtaining a designation under the provisions of Article 13-5, paragraph (1) in the case of the business year containing the date of the designation). The same applies when the designated examining body intends to revise the plan and budget.

(2) A designated examining body must hear opinions from the entrusting prefectural governor when it intends to prepare or revise a business plan and an income and expenditure budget.

(3) A designated examining body must prepare a business report and a statement of income and expenditure for each business year, and submit them to the Minister of Internal Affairs and Communications and the entrusting prefectural governor within three months after the end of the business year.

Article 13-14 A designated examining body, as provided for by Order of the Ministry of Internal Affairs and Communications, must keep books stating the matters concerning the hazardous materials engineer's qualification examination affairs specified by Order of the Ministry of Internal Affairs and Communications, and preserve those books.

Article 13-15 (1) When the Minister of Internal Affairs and Communications finds it necessary in order to ensure proper implementation of the hazardous materials engineer's qualification examination affairs, the Minister may issue an order necessary for the supervision of the hazardous materials engineer's qualification examination affairs to a designated examining body.

(2) When an entrusting prefectural governor finds it necessary in order to ensure the proper implementation of the hazardous materials engineer's qualification examination affairs that that entrusting prefectural governor has entrusted to a designated examining body, that entrusting prefectural governor may instruct the designated examining body to take the necessary measures for proper implementation of the hazardous materials engineer's qualification examination affairs.

Article 13-16 (1) When the Minister of Internal Affairs and Communications finds it necessary in order to ensure proper implementation of the hazardous materials engineer's qualification examination affairs, the Minister may request a designated examining body to make necessary reports on the status of the hazardous materials engineer's qualification examination affairs or have their official enter the designated examining body's office and inspect the status of the hazardous materials engineer's qualification examination affairs or its equipment, books, documents and other objects.

(2) When an entrusting prefectural governor finds it necessary in order to ensure proper implementation of the hazardous materials engineer's qualification examination affairs that that entrusting prefectural governor has entrusted to a designated examining body, that entrusting prefectural governor may request the designated examining body to make necessary reports on the status of the hazardous materials engineer's qualification examination affairs or have thier official enter the designated examining body's office where the hazardous materials engineer's qualification examination affairs are handled and inspect the status of the hazardous materials engineer's qualification examination affairs or its equipment, books, documents and other objects.

(3) An official who conducts an on-site inspection under the provisions of the preceding two paragraphs must carry their identification card and present it when requested to do so by any relevant person.

(4) The authority to conduct an on-site inspection pursuant to the provisions of paragraph (1) or paragraph (2) must not be construed to be vested for the purpose of crime investigation.

Article 13-17 (1) A designated examining body must not suspend or abolish the whole or part of the hazardous materials engineer's qualification examination affairs, without the permission of the Minister of Internal Affairs and Communications.

(2) The Minister of Internal Affairs and Communications must not grant permission under the provisions of the preceding paragraph unless the Minister finds that it is unlikely that proper and reliable implementation of the hazardous materials engineer's qualification examination affairs will be damaged when the designated examining body suspends or abolishes the whole or part of the hazardous materials engineer's qualification examination affairs.

(3) The Minister of Internal Affairs and Communications must hear opinions from the relevant entrusting prefectural governor when the Minister intends to grant permission under the provisions of paragraph (1).

(4) When the Minister of Internal Affairs and Communications has granted permission under the provisions of paragraph (1), the Minister must give notice to the relevant entrusting prefectural governor and also give public notice to that effect.

Article 13-18 (1) When a designated examining body has come to fall under any of the items of Article 13-6, paragraph (2) (excluding item (iii)), the Minister of Internal Affairs and Communications must rescind its designation.

(2) When a designated examining body falls under any of the following, the Minister of Internal Affairs and Communications must rescind its designation or specify a time period and order it to suspend the whole or part of the hazardous materials engineer's qualification examination affairs:

(i) when the designated examining body is found to no longer satisfy the requirements set forth in the items of Article 13-6, paragraph (1);

(ii) when the designated examining body has violated the provisions of Article 13-10, paragraph (1), Article 13-13, paragraph (1) or paragraph (3), Article 13-14, or paragraph (1) of the preceding Article;

(iii) when the designated examining body has violated an order under the provisions of Article 13-9, paragraph (2) (including as applied mutatis mutandis pursuant to Article 13-10, paragraph (3)), Article 13-12, paragraph (3) or Article 13-15, paragraph (1);

(iv) when the designated examining body has conducted the hazardous materials engineer's qualification examination affairs not complying with the qualification examination affairs rules authorized under the provisions of Article 13-12, paragraph (1); or

(v) when the designated examining body has obtained a designation under the provisions of Article 13-5, paragraph (1) by wrongful means.

(3) When the Minister of Internal Affairs and Communications has rescinded a designation pursuant to the provisions of the preceding two paragraphs or ordered the suspension of the whole or part of the hazardous materials engineer's qualification examination affairs pursuant to the provisions of the preceding paragraph, the Minister must give notice to the relevant entrusting prefectural governor and also give public notice to that effect.

Article 13-19 (1) When an entrusting prefectural governor intends to terminate the entrustment of the hazardous materials engineer's qualification examination affairs to a designated examining body, that entrusting prefectural governor must give notice to the designated examining body to that effect no later than three months prior to the termination.

(2) When an entrusting prefectural governor has terminated the entrustment of the hazardous materials engineer's qualification examination affairs to a designated examining body, that entrusting prefectural governor must report to the Minister of Internal Affairs and Communications and give public notice to that effect.

Article 13-20 (1) Notwithstanding the provisions of Article 13-5, paragraph (3), an entrusting prefectural governor is to conduct the whole or part of the hazardous materials engineer's qualification examination affairs in cases where the designated examining body has suspended the whole or part of the hazardous materials engineer's qualification examination affairs under the provisions of Article 13-17, paragraph (1), where the Minister of Internal Affairs and Communications has ordered the designated examining body to suspend the whole or part of the hazardous materials engineer's qualification examination affairs pursuant to the provisions of Article 13-18, paragraph (2), or where the Minister of Internal Affairs and Communications finds it necessary on the grounds that it has become difficult for the designated examining body to conduct the whole or part of the hazardous materials engineer's qualification examination affairs due to a natural disaster or for other reasons.

(2) When an entrusting prefectural governor is required to conduct the hazardous materials engineer's qualification examination affairs pursuant to the provisions of the preceding paragraph or when the grounds for requiring an entrusting prefectural governor to conduct the hazardous materials engineer's qualification examination affairs pursuant to the provisions of that paragraph have ceased to exist, the Minister of Internal Affairs and Communications must promptly notify that entrusting prefectural governor to that effect.

(3) When an entrusting prefectural governor has received notice under the examining body provisions of the preceding paragraph, that entrusting prefectural governor must give public notice to that effect.

Article 13-21 The succession of the hazardous materials engineer's qualification examination affairs and other necessary matters concerning the cases where an entrusting prefectural governor is required to conduct the hazardous materials engineer's qualification examination affairs pursuant to the provisions of paragraph (1) of the preceding Article, where the Minister of Internal Affairs and Communications has permitted the abolition of the hazardous materials engineer's qualification examination affairs pursuant to the provisions of Article 13-17, paragraph (1) or rescinded the designation pursuant to the provisions of Article 13-18, paragraph (1) or paragraph (2) or where an entrusting prefectural governor has terminated the entrustment of the hazardous materials engineer's qualification examination affairs to a designated examining body, are be prescribed by Order of the Ministry of Internal Affairs and Communications.

Article 13-22 A request for administrative review under the Administrative Complaint Review Act may be filed with the Minister of Internal Affairs and Communications against a disposition made by a designated examining body or its inaction with regard to the hazardous materials engineer's qualification examination affairs.

Article 13-23 A hazardous materials engineer who is engaged in the handling of hazardous materials at a manufacturing facility, storage facility or handling facility, as provided for by Order of the Ministry of Internal Affairs and Communications, must take training sessions which are provided by a prefectural governor concerning the safety of the handling of hazardous materials (including a municipal mayor or other organ designated by the Minister of Internal Affairs and Communications).

Article 13-24 (1) A municipal mayor, etc. may order the owner, manager or possessor of a manufacturing facility, storage facility or handling facility prescribed in Article 12-7, paragraph (1) or Article 13, paragraph (1) to dismiss the hazardous materials safety supervising manager or hazardous materials security superintendent when the hazardous materials safety supervising manager or hazardous materials security superintendent has violated the provisions of this Act or of any order under this Act or when the municipal mayor, etc. finds that if those persons were to perform the duties assigned thereto, it is likely to hinder the maintenance of public safety or the prevention of the occurrence of disasters.

(2) The provisions of Article 11-5, paragraph (4) and paragraph (5) apply mutatis mutandis to an order under the provisions of the preceding paragraph.

Article 14 The owner, manager or possessor of a manufacturing facility, storage facility or handling facility specified by Cabinet Order, as provided for by Order of the Ministry of Internal Affairs and Communications, must appoint a hazardous materials facility safety officer and have that officer perform the operations for ensuring the safety of the structure and equipment of the manufacturing facility, storage facility or handling facility.

Article 14-2 (1) The owner, manager or possessor of a manufacturing facility, storage facility or handling facility specified by Cabinet Order, in order to prevent a fire within the manufacturing facility, storage facility or handling facility, must establish fire prevention rules concerning the matters specified by Order of the Ministry of Internal Affairs and Communications and obtain authorization from a municipal mayor, etc. The same applies when revising these rules.

(2) A municipal mayor, etc. must not grant the authorization set forth in the preceding paragraph when the fire prevention rules do not conform to the technical standards set forth in Article 10, paragraph (3) or when that municipal mayor finds that those rules are inappropriate for the prevention of fire for other reasons.

(3) A municipal mayor, etc. may order the revision of the fire prevention rules when it is necessary for prevention of fire.

(4) The owner, manager or possessor of a manufacturing facility, storage facility or handling facility prescribed in paragraph (1) and the employees thereof must observe the fire prevention rules.

(5) The provisions of Article 11-5, paragraph (4) and paragraph (5) apply mutatis mutandis to an order under the provisions of paragraph (3).

Article 14-3 (1) The owner, manager or possessor of an outdoor tank storage facility or handling facility for transfer specified by Cabinet Order, at an interval specified by Cabinet Order, must undergo a safety inspection conducted by a municipal mayor, etc. in terms of whether or not the matters concerning the structure and equipment of that outdoor tank storage facility or handling facility for transfer, as specified by Cabinet Order, are maintained in accordance with the technical standards set forth in Article 10, paragraph (4).

(2) The owner, manager or possessor of an outdoor tank storage facility specified by Cabinet Order, if an uneven settlement or any other event specified by Cabinet Order occurs to the outdoor tank storage facility, must undergo a safety inspection conducted by a municipal mayor, etc. in terms of whether or not the matters concerning the structure and equipment of the outdoor tank storage facility, as specified by Cabinet Order, are maintained in accordance with the technical standards set forth in Article 10, paragraph (4).

(3) In the case referred to in paragraph (1) (limited to the part pertaining to an outdoor tank storage facility) or the preceding paragraph, a municipal mayor, etc. may entrust the Association to examine whether or not the matters concerning the structure and equipment of the outdoor tank storage facility, which are specified by Cabinet Order and prescribed in these provisions, are maintained in accordance with the technical standards set forth in Article 10, paragraph (4).

Article 14-3-2 The owner, manager or possessor of a manufacturing facility, storage facility or handling facility specified by Cabinet Order, as provided for by Order of the Ministry of Internal Affairs and Communications, must inspect that manufacturing facility, storage facility or handling facility periodically, and prepare and preserve inspection records.

Article 14-4 A person who owns, manages or possesses, at the same place of business, manufacturing facilities, storage facilities or handling facilities specified by Cabinet Order and who stores or handles hazardous materials of the quantity specified by Cabinet Order or a larger quantity, as provided for by Cabinet Order, must set up a fire defense force for self-protection within that place of business.

Article 15 A projection room, which is set up within a building or other structure where films are regularly shown and which is used to project films other than slow-burning films, must have a structure and equipment in accordance with the technical standards specified by Cabinet Order.

Article 16 The transportation of hazardous materials must be conducted in accordance with the technical standards specified by Cabinet Order with regard to the container, loading method and method of transport.

Article 16-2 (1) The conveyance of hazardous materials by means of a mobile tank storage facility must be conducted with a hazardous materials engineer who is qualified to handle those hazardous materials riding on the mobile tank.

(2) The hazardous materials engineer set forth in the preceding paragraph must observe the standards specified by Cabinet Order concerning the conveyance of hazardous materials by means of a mobile tank storage facility and pay the closest attention to ensure the safety of the hazardous materials.

(3) A hazardous materials engineer must carry their hazardous materials engineer's license while riding on a mobile tank storage facility which is in the course of conveyance of the hazardous materials pursuant to the provisions of paragraph (1).

Article 16-3 (1) The owner, manager or possessor of a manufacturing facility, storage facility or handling facility, in the event that an outflow of hazardous materials or any other accident has occurred at that manufacturing facility, must storage facility or handling facility, immediately take emergency measures to prevent the subsequent outflow and spread of hazardous materials, remove the hazardous materials that have flowed out and prevent the occurrence of any other disaster.

(2) A person who has found a situation as set forth in the preceding paragraph must immediately report to a fire station, a place designated by a municipal mayor, police station or maritime security and rescue organization to that effect.

(3) When a municipal mayor, etc. finds that the owner, manager or possessor of a manufacturing facility, storage facility (excluding a mobile tank storage facility) or handling facility has not taken the emergency measures set forth in paragraph (1), that municipal mayor, etc. may order those persons to take the emergency measures set forth in that paragraph.

(4) A municipal mayor (in the area of a municipality other than a municipality which has fire defense headquarters and a fire station(s), the prefectural governor who has jurisdiction over that area; the same applies in the following paragraph, and Article 11-5, paragraph (4) as applied mutatis mutandis pursuant to paragraph (6)) may order, in the same manner as that prescribed in the preceding paragraph, that the emergency measures set forth in paragraph (1) should be taken at a mobile tank storage facility located in the area under that municipal mayor's jurisdiction.

(5) Where a municipal mayor, etc. or municipal mayor has ordered emergency measures pursuant to the provisions of paragraph (3) or the preceding paragraph respectively, if the person ordered to take those measures does not implement the measures at all or does not implement them fully, or if the measures should be performed by a certain time limit but the implementation thereof is not expected to be completed by that time limit, the municipal mayor, etc. or municipal mayor may, as provided for in the Act on Substitute Execution by Administration, have their official engaged in the fire service affairs or a third party take those measures.

(6) The provisions of Article 11-5, paragraph (4) and paragraph (5) apply mutatis mutandis to an order under the provisions of paragraph (3) or paragraph (4).

Article 16-3-2 (1) In the event of the occurrence of an outflow of hazardous materials or any other accident (excluding a fire; hereinafter the same applies in this Article) at a manufacturing facility, storage facility or handling facility that could have caused a fire, a municipal mayor, etc. may investigate the cause of that accident.

(2) A municipal mayor, etc., when it is necessary for the investigation set forth in the preceding paragraph, may order the owner, manager or possessor of the manufacturing facility, storage facility or handling facility where the accident has occurred or of any other facility which is found to be closely related to the occurrence of the accident, to submit the necessary information materials or request those persons to make reports, or may have thier official engaged in the fire service affairs enter thsoe facilities, and inspect the status of the hazardous materials located there or the manufacturing facility, storage facility or handling facility or any other structure or object that is related to the accident, or ask questions of any related person.

(3) The provisions of the proviso to Article 4, paragraph (1), and paragraph (2) to paragraph (4) apply mutatis mutandis to the case referred to in the preceding paragraph.

(4) The Commissioner of the Fire and Disaster Management Agency, at the request of a municipal mayor, etc. (excluding the Minister of Internal Affairs and Communications) who conducts an investigation pursuant to the provisions of paragraph (1), may conduct an investigation set forth in that paragraph.In this case, the provisions of the preceding two paragraphs apply mutatis mutandis.

Article 16-4 (1) A person who intends to obtain permission for the establishment of or a change to a handling facility for transfer from the Minister of Internal Affairs and Communications, or to undergo a completion inspection (including obtaining the approval set forth in the proviso to Article 11, paragraph (5)) or a safety inspection, as provided for by Cabinet Order, must pay to the State the amount of fees which is specified by Cabinet Order in consideration of the actual costs.

(2) A person who intends to take training sessions concerning the safety of the handling of hazardous materials, which are provided by an agency designated by the Minister of Internal Affairs and Communications other than a municipal mayor (hereinafter referred to as a "designated training agency" in this Article) pursuant to the provisions of Article 13-23, must pay to the designated training agency the amount of fees which is specified by Cabinet Order in consideration of the actual costs, as provided for by Cabinet Order.

(3) The fees paid to a designated training agency pursuant to the provisions of the preceding paragraph are the income of that designated training agency.

(4) Where a prefecture collects fees for a hazardous materials engineer's qualification examination under the provisions of Article 227 of the Local Autonomy Act (Act No. 67 of 1947), it may have persons who intend to take the hazardous materials engineer's qualification examination conducted by a designated examining body pursuant to the provisions of Article 13-5, paragraph (1), pay those fees to the designated examining body, thereby treating those fees as the designated training agency's income, as provided for by prefectural ordinance.

Article 16-5 (1) In addition to the cases specified in Article 16-3-2, paragraph (1) and paragraph (2), when a municipal mayor, etc. finds it necessary for prevention of fire involving storage or handling of hazardous materials, that municipal mayor, etc. may order the owner, manager or possessor of every facility that is found to be storing or handling the designated quantity or a larger quantity of hazardous materials (hereinafter referred to as a "storage facility, etc." in this paragraph), to submit information materials or request those persons to make reports, or may have that municipal mayor's, etc. official engaged in the fire service affairs enter the storage facility, etc., and inspect the position, structure or equipment of the facility and the storage or handling of hazardous materials conducted there, ask questions of any related person or take away hazardous materials or other materials suspected of being hazardous materials, limited to the maximum quantity required for testing.

(2) When a firefighter or a police official finds it particularly necessary for prevention of fire involving conveyance of hazardous materials, that firefighter or police official may stop a mobile tank storage facility while in transit and request the hazardous materials engineer who is riding on that mobile tank storage facility to present their hazardous materials engineer's license.In this case, the firefighter and the police official are to maintain close contact with each other when performing their duties.

(3) The provisions of Article 4, paragraph (2) through paragraph (4) apply mutatis mutandis to the cases referred to in the preceding two paragraphs.

Article 16-6 (1) A municipal mayor, etc. may order a person who stores or handles the designated quantity or a larger quantity of hazardous materials without obtaining the approval set forth in the proviso to Article 10, paragraph (1) or the permission under the provisions of the first sentence of Article 11, paragraph (1), to remove the hazardous materials thus stored or handled and take other necessary measures to prevent disasters caused by the hazardous materials.

(2) The provisions of Article 11-5, paragraph (4) and paragraph (5) apply mutatis mutandis to an order under the provisions of the preceding paragraph, and the provisions of Article 16-3, paragraph (5) apply mutatis mutandis to the case where the necessary measures are ordered under the provisions of the preceding paragraph.

Article 16-7 Where the establishment or abolition of fire defense headquarters or a fire station or the abolition, creation, division or merger of or boundary change to a municipality has caused a municipality to have fire defense headquarters and a fire station(s) or to no longer have fire defense headquarters and a fire station(s) or caused a municipality to be involved in the abolition, creation, division or merger or boundary change, and this has led to the change of the administrative agency which has authority over the area of the municipality under the provisions of Article 11; Article 11-2; Article 11-4; Article 11-5, paragraph (1) and paragraph (2); Article 12, paragraph (2); Article 12-2 to Article 12-4; Article 12-6; Article 12-7, paragraph (2); Article 13, paragraph (2); Article 14-2, paragraph (1) and paragraph (3); Article 14-3; Article 16-3, paragraph (3) and paragraph (4); and the preceding Article; the effect of the permission or other disposition granted or made by the initial administrative agency or of the notification received by the initial administrative agency, and the special provisions for the application of the provisions of this Chapter are prescribed by Cabinet Order.

Article 16-8 Part of the affairs under the authority of the Minister of Internal Affairs and Communications as prescribed in this Chapter may be conducted by prefectural governors or municipal mayors, as provided for by Cabinet Order.

Article 16-8-2 When the Minister of Internal Affairs and Communications finds it urgently necessary in order to maintain public safety or prevent the occurrence of disasters, the Minister, as provided for by Cabinet Order, may give instructions to prefectural governors or municipal mayors as to how to administer the affairs which are to be conducted by prefectural governors or municipal mayors pursuant to the provisions of this Chapter or the Cabinet Order issued under the provisions of the preceding Article and which are specified by Cabinet Order.

Article 16-9 The provisions of this Chapter do not apply to the storage, handling or transportation of hazardous materials by means of an aircraft, ship, railway or tramway.