ENFORCEMENT DECREE OF THE FIRE SERVICES ACT

Article 1(Purpose) #

The purpose of this Decree is to provide for matters delegated by the Fire Services Act (hereinafter referred to as the “Act”) and matters necessary for the enforcement thereof.

Article 2(Definitions) #

The definitions of terms used in this Decree shall be as follows: <Amended by Presidential Decree No. 14334, Jul. 20, 1994; Presidential Decree No. 16489, Jul. 29, 1999; Presidential Decree No. 17558, Mar. 30, 2002>

1. The term “floor area” means the floor area calculated as referred to in Article 119 (1) 3 of the Enforcement Decree of the Building Act;

2. The term “total floor area” means the total floor area of one building;

2-2. The term “number of floors” means the calculated number as referred to in Article 119 (1) 9 of the Enforcement Decree of the Building Act;

3. The term “underground story” means the underground story as referred to in subparagraph 4 of Article 2 of the Building Act;

4. The term “windowless story” means the above-ground story where the sum of the area of the opening falling under one of the followings is not more than one-thirtieth of the floor area of that story:

(a) The size of the opening shall be able to inscribe a circle of not less than fifty centimeters in diameter;

(b) The height from the floor to the bottom of the opening of that floor shall be not more than 1.2 meters;

(c) It shall face a road or an open space allowing entry of automobiles;

(d) Window safety bars or other obstacles shall not be installed to ensure easy evacuation from the building in case of fire; and

(e) It shall be prone to easy destruction and opening from either the outside or the inside;

5. The term “evacuation floor” means a floor having an entrance and exit door leading directly to the ground level;

6. The term “main structural parts” means the main structural parts as referred to in subparagraph 6 of Article 2 of the Building Act;

7. The term “fire-proof structure” means a fire-proof structure as referred to in subparagraph 7-2 of Article 2 of the Enforcement Decree of the Building Act;

8. The term “fire-prevention structure” means a fire-prevention struc-ture as referred to in subparagraph 8 of Article 2 of the Enforcement Decree of the Building Act;

9. The term “incombustible materials” means the incombustible materials as referred to in subparagraph 10 of Article 2 of the Enforcement Decree of the Building Act;

10. The term “semi-incombustible materials” means semi-incombustible materials as referred to in subparagraph 11 of Article 2 of the Enforcement Decree of the Building Act;

11. The term “noncombustible materials” means noncombustible materials as referred to in subparagraph 9 of Article 2 of the Enforcement Decree of the Building Act;

12. The term “interior decorations” means the goods, plywood or timber from such raw materials as the partitions (including a simple partition), papers, synthetic resins, textiles, for the purpose of the beauty and decoration of the interior of structures; and

13. The term “emergency exit” means the doorway through which one is able to escape from the inside of the buildings or structures to above the ground or into the evacuation floor.

Article 3(Special Places) #

Special places as referred to in subparagraph 5 of Article 2 of the Act shall be those under the attached Table 1.

Article 4(Scope of Objects Subject to Consent to Construction Permit, etc.) #

(1) The scope of objects that require a consent to construction permission or use approval as referred to in Article 8 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 14334, Jul. 20, 1994; Presidential Decree No. 14747, Aug. 10, 1995; Presidential Decree No. 17154, Mar. 20, 2001; Presidential Decree No. 17558, Mar. 30, 2002>

1. Among the buildings that shall be granted a permission under Article 8 of the Building Act (including consultation or approval as provided in Article 25 (1) of the Building Act and Article 33 of the Housing Construction Promotion Act, and notification as provided in Article 5-2 (2) or (3) of the School Facilities Projects Promotion Act), special places falling under any of the following items:

(a) Those which are not less than 400 square meters in total floor area;

(b) A garage, parking place, or a similar facility which falls under any of the following:

(ⅰ) Those having a floor with the floor area of not less than 200 square meters among the floors used as a garage or a parking place; and

(ⅱ) Parking facilities with machine equipment, such as an elevator, in which not less than 20 cars can be parked;

(c) Airplane hangars;

(d) Hazardous materials manufacturing factory or handling places (including manufacturing, storing and transporting facilities; hereinafter referred to as the “factory, etc.”);

(e) Facilities for juveniles and for the young and old with the floor area of not less than 200 square meters; and

(f) Those which have stories with the floor area of not less than 150 square meters (not less than 100 square meters in the case of performance halls) among the underground stories or the windowless stories;

2. Gas facilities falling under the attached Table 1; and

3. Underground entrances falling under the attached Table 1.

(2) Where an administrative agency, having the authority of the construction permits or use approval under Article 8 (1) of the Act, requests the consent of the permission or the use approval from the fire marshal of fire defense headquarters or the chief of fire station (here-inafter referred to as the “chief of fire station”), a request form shall be submitted with all the forms prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs. <Amended by Presidential Decree No. 14747, Aug. 10, 1995; Presidential Decree No. 16489, Jul. 29, 1999>

(3) Where the object of fire-fighting falls under any of the following and is applicable to the fire-fighting facility standards, notwithstanding the provisions of paragraph (1), the consent from the chief of fire station shall not be needed: <Amended by Presidential Decree No. 14747, Aug. 10, 1995; Presidential Decree No. 16489, Jul. 29, 1999; Presidential Decree No. 17558, Mar. 30, 2002>

1. The object of fire fighting with a total floor area of less than 1000 square meters equipped only with fire extinguishing equipment, emergency alarm systems, electric-leakage alarm devices, evacuation equipment, rescue equipment, emergency exit lights, or emergency exit signs under Articles 28 (1), 29 (1) and (3), and 30 (1) through (3), among those falling under paragraph (1) 1 (a) and (e); and

2. The object of fire fighting that has no alteration to the fire-fighting facilities, or that has only minor construction as prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs, pursuant to the alternation of use, expansion, or remodeling.

(4) The period of consent for the construction permission and use approval under Article 8 (3) of the Act shall be within 3 days, and if there exists no reply within such period, it shall be considered to have consented. <Newly Inserted by Presidential Decree No. 14747, Aug. 10, 1995; Presidential Decree No. 16489, Jul. 29, 1999; Presidential Decree No. 17154, Mar. 20, 2001>

(5) Where any supplementation is required in case of paragraph (4), the period may be extended once within the limit of 3 days. <Newly Inserted by Presidential Decree No. 17154, Mar. 20, 2001>

Article 4-2(Scope of Multi-Usage Businesses) #

For the purpose of Article 8-2 (1) of the Act, the term “businesses determined by the Presidential Decree” means the following businesses (hereinafter referred to as the “multi-usage businesses”): <Amended by Presidential Decree No. 17558, Mar. 30, 2002>

1. Those falling under any of the following items from among the food and entertainment business under subparagraph 8 of Article 7 of the Enforcement Decree of the Food Sanitation Act:

(a) The rest and food business or general restaurants whose total floor area used for business is not less than 100 square meters (in case where the business place is installed on underground floor, 66 square meters) (excluding the case where the business place is installed on the first floor or the floor directly facing with the ground and where its entrance is directly connected with the outside of the construction); and

(b) The business of danran bistro or amusement parlors;

2. The business of video-viewing establishments, game software parlors, singing practice rooms, or combined distribution (limited to the business concurrently carried on with the video-viewing establishments, game software parlors, and singing practice rooms combinedly), under subparagraphs 8 (a), 9, 11, and 12 of Article 2 of the Sound Records, Video Products and Game Software Act;

3. The businesses as determined by the Minister of Government Administration and Home Affairs in consultation with the head of the central administrative agency in charge of the affairs of permission, license, registration, or report for such businesses, by the Ordinance of the Ministry of Government Administration and Home Affairs, from among the businesses similar to those as referred to in subparagraphs 1 and 2; and

4. Other than the businesses under subparagraphs 1 through 3, those as prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs, which are deemed to have higher worries over an occurrence of damages on human lives when there is a fire, from among the business types frequented by many and un-specified persons.

[This Article Wholly Amended by Presidential Decree No. 17154, Mar. 20, 2001]

Article 4-3(Kind of Fire-Fighting and Fire-Prevention Facilities, etc.) #

The Kinds of fire-fighting and fire-prevention facilities as referred to in Article 8-2 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 16489, Jul. 29, 1999; Presidential Decree No. 17558, Mar. 30, 2002>

1. Fire-fighting facilities:

(a) Fire-extinguishing equipment: fire extinguishers (manual or automatic), handy portable fire-extinguishing tools using fire-extinguishing agents, and simple sprinkler equipment;

(b) Evacuation equipment: guiding lights and guiding signs, emergency lights, portable emergency lights, and refuge gears; and

(c) Alarm equipment: emergency bell equipment, emergency broadcasting equipment, and gas leakage alarm;

2. Fire-prevention facilities: Fire doors and emergency exits; and

3. Other facilities: Image and sound circuit breaker, electric leakage circuit breaker, and guiding line for evacuation.

[This Article Newly Inserted by Presidential Decree No. 15485, Sep. 27, 1997]

Article 5(Fire-Fighting Inspections, etc.) #

(1) The chief of fire station shall make a plan for conducting a general inspection of the fire-fighting as referred to in Article 5 or 69 (2) of the Act and the hazardous materials manufacturing factories, etc. as referred to in Article 24 (1) of the Act, and shall conduct inspections according to these plans. <Amended by Presidential Decree No. 14747, Aug. 10, 1995; Presidential Decree No. 16489, Jul. 29, 1999>

(2) In cases where there are not less than two objects of fire fighting in the same district or the object is a building complex when conducting the fire-fighting inspection as referred to in paragraph (1), the inspections shall be conducted simultaneously.

(3) A person conducting the inspection as referred to in paragraph (1) shall record the inspection results on a form prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs, sign or seal it, and distribute one copy without delay to the persons concerned of the object of fire fighting. <Amended by Presidential Decree No. 16489, Jul. 29, 1999>

(4) The qualifications of an inspector, types of inspection, matters to be inspected, method and frequency of inspections as referred to in paragraph (1) shall be prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs. <Amended by Presidential Decree No. 16489, Jul. 29, 1999>

Article 5-2(Special Areas for Fire Drill) #

Special areas in which fire drill shall be conducted as referred to in Article 8-3 of the Act shall be special areas where a fire-fighting manager should be appointed under Article 6: Provided, That this shall not apply in special areas where there are not more than ten persons regularly working or living (in case of lodging facilities other than an officetel, referring only to regular working persons). <Amended by Presidential Decree No. 15485, Sep. 27, 1997; Presidential Decree No. 16489, Jul. 29, 1999>

[This Article Newly Inserted by Presidential Decree No. 14334, Jul. 20, 1994]

Article 6(Special Area in which Fire-Fighting Managers shall be Appointed) #

Special areas in which fire-fighting managers (including joint fire-fighting managers under Article 10 (1) of the Act; hereinafter the same shall apply) shall be appointed under Article 9 (1) of the Act shall be divided into first class object of fire fighting for fire-fighting management and second class object of fire fighting for fire-fighting management as in the attached Table 2. <Amended by Presidential Decree No. 15485, Sep. 27, 1997>

Article 7(More than Two Special Areas in Same Place) #

In cases where there are more than two special areas as referred to in Article 6 in the same place and the person having authority over their fire-fighting management is the same, they shall be considered as one special area in the application of Article 6, but in cases where the classes of the objects of fire fighting are different the higher class shall apply.

Article 8(Special Areas Requiring Joint Fire-Prevention Management) #

The term “other objects of fire fighting prescribed by the Presidential Decree” in subparagraph 3 of Article 10 (1) means the special area falling under each of the following subparagraphs:

1. The complex building having the total area of not less than 5,000 square meters or not less than five stories as shown in the attached Table 1;

2. The wholesale market and retail market from among sales establishments as shown in the attached Table 1; and

3. The nearby life establishment, the entertainment establishment or the factory designated by the head of fire headquarters or the chief of fire station as shown in the attached Table 1, which is feared that the breakout of a fire there could result in a loss of many lives or the fire could spread from, among the special establishments in which fire-prevention managers have to be posted under the provisons of Article 6.

[This Article Wholly Amended by Presidential Decree No. 16489, Jul. 29, 1999]

Article 9(Appointment of Fire-Fighting Manager) #

(1) The fire-fighting manager who shall be appointed for the first class objects for fire-fighting management in the attached Table 2 under Article 6 shall be appointed from persons falling under any of the following subparagraphs: <Amended by Presidential Decree No. 14334, Jul. 20, 1994; Presidential Decree No. 15485, Sep. 27, 1997; Presidential Decree No. 16489, Jul. 29, 1999>

1. Persons with fire-fighting facility manager licenses or fire-fighting facility engineer licenses or fire-fighting facility industry engineer licenses;

2. Persons with industrial safety engineer licenses who have not less than two years of working experience related to fire prevention control;

3. Persons with qualifications as chief hazardous materials management technicians, technicians of the hazardous materials management industry or certified hazardous materials management technicians who have been appointed as hazardous materials management managers (limited to factories under the provisions of Article 23 (1));

4. Persons who have been appointed as safe management managers (hereinafter referred to as the “gasrelated safety management managers”) under the provisions of Article 12 (1) of the Enforcement Decree of the High-Pressure Gas Safety Control Act, Article 8 (1) of the Enforcement Decree of the Safety Control and Business Regulation of Liquified Petroleum Gas Act or Article 8 (1) of the Enforcement Decree of Urban Gas Business Act (limited to the establishment capable of storing and handling not less than one thousand tons of combustible gas);

5. Persons having work experience of not less than five years as a fire service official;

6. Persons who have not less than two years of actual work experience related to fire-fighting management and have majored in fire-fighting management and have graduated from a technical college or an educational institution the same as or higher than this;

7. Persons who have more than three years of actual work experience related to fire-fighting management and have completed not less than twelve credits of course work in fire-fighting management related classes and graduated from a four-year university or above, or have graduated majoring in a field related to fire-fighting management; and

8. Persons falling under paragraph (2) 3, 5 or 8 through 12 inclusive and having completed the course prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs and recognized their qualifications among the persons having not less than 5 years work experience related to fire-fighting management.

(2) The fire-fighting manager who are supposed to be at the second class fire-fighting objects of the attached Table 2 under Article 6 shall be appointed from the persons falling under any of the following subparagraphs: <Amended by Presidential Decree No. 14334, Jul. 20, 1994; Presidential Decree No. 14747, Aug. 10, 1995; Presidential Decree No. 15485, Sep. 27, 1997; Presidential Decree No. 16489, Jul. 29, 1999; Presidential Decree No. 16678, Dec. 31, 1999>

1. Deleted; <by Presidential Decree No. 14334, Jul. 20, 1994>

2. Persons having qualifications as industrial safety engineers, architectural engineers, or electrical engineers, or persons appointed as responsible for gas-related safety control (limited to facilities storing or handling not less than 100 tons and less than 1000 tons of combustible gas);

3. Certified technicians of the hazardous materials management industry or certified hazardous materials management technicians;

4. Persons appointed as security inspector having qualifications as mine security engineers;

5. Persons having completed the course related to fire-fighting control management prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs;

6. Persons having majored in fire-fighting management and graduated from a technical college or any educational institution which is equivalent to the college or above;

7. Persons having taken more than six credit hours of course work in fire-fighting management related courses and graduated from four year college or educational institutions higher than this, or who have majored in a field related to fire-fighting management and graduated the four year college;

8. Persons having work experience of not less than one year as a fire service officials;

8-2. Persons having work experience of more than one year in fire suppression or assistance work at a fire headquarters or a fire station;

9. Persons having work experience of not less than three years as volunteer fire fighters;

9-2. Persons having work experience of not less than one year as fire fighters in military units (including foreign military units in Korea);

10. Persons having work experience of not less than three years as fire fighters of a self fire-fighting unit as referred to in Article 23 of the Act;

11. Persons having work experience of not less than two years in the safety inspection business employed as a public official in security service or public official in extraordinary civil service under the Presidential Security Service Act;

12. Persons having work experience of not less than three years as police officials; and

13. Persons falling under any of the subparagraphs of paragraph (1).

(3) In special areas determined and noticed publicly by the State, local government, or the Minister of Government Administration and Home Affairs notwithstanding paragraphs (1) and (2) used by a government agency for public purposes or for official purpose, a person having managing or supervising status shall be appointed as the fire-fighting manager. In such cases, the appointment of the fire-fighting manager may be replaced by designating the status. <Amended by Presidential Decree No. 14334, Jul. 20, 1994; Presidential Decree No. 14747, Aug. 10, 1995; Presidential Decree No. 16489, Jul. 29, 1999>

(4) The term “persons having management or supervision status” in the former part of paragraph (3) means persons actually in charge of the management of the special area. <Amended by Presidential Decree No. 14334, Jul. 20, 1994; Presidential Decree No. 14747, Aug. 10, 1995; Presidential Decree No. 16489, Jul. 29, 1999>

(5) Where the person concerned in special areas lets a person, who has registered his fire-fighting facility management and maintenance business, do the business under the provisions of Article 33 of the Act, he may appoint a person among the staff assigned to the special area, notwithstanding the preceding paragraphs (1) and (2), who is able to supervise the fire prevention control business executed by the fire-prevention facility inspection businessman as a fire-fighting manager. <Newly Inserted by Presidential Decree No. 14747, Aug. 10, 1995; Presidential Decree No. 16489, Jul. 29, 1999>

(6) The fire-fighting related courses and the fire safety-related college majors as referred to in paragraphs (1) 7 and (2) 7 shall be prescribed and noticed publicly by the Minister of Government Administration and Home Affairs, and matters necessary for determining fees to submitted by persons desiring to receive recognition of qualification or ways to give lectures, duration, course subject and the lecture itself as referred to in paragraphs (1) 8 and (2) 5 shall be determined by the Ordinance of the Ministry of Government Administration and Home Affairs. <Amended by Presidential Decree No. 14334, Jul. 20, 1994; Presidential Decree No. 16489, Jul. 29, 1999>

Article 10(Fire-Fighting Plan) #

(1) The fire-fighting plan as referred to in Article 9 (2) 1 of the Act shall include the following matters: <Amended by Presidential Decree No. 14334, Jul. 20, 1994; Presidential Decree No. 14747, Aug. 10, 1995; Presidential Decree No. 16489, Jul. 29, 1999>

1. Self-inspection plan for the purpose of fire prevention;

2. Check-up and maintenance plan for the fire-fighting facilities according to the type of the object of fire fighting;

3. Evacuation plan (including the location of the evacuation floor, the location of the safety compartment, the location of evacuation equipment and the designation of the evacuation route);

4. The maintenance and management plan for the fireproof section, the smokeproof section, the fire resistant interior finish (this means the interior finishing material made of incombustible material, semiincombustible material or noncombustible material as referred to subparagraphs 9 through 11 inclusive in Article 2), and flame retardant and other fire-prevention structures and equipment;

5. Matters pertaining to the storing or handling of hazardous materials (except for the manufacture, etc., whose safety provisions are referred to in Article 22 of the Act);

6. The plan for accommodating persons;

7. Fire drill (limited to the special areas where fire drill and education shall be conducted under Article 5-2);

8. Matters pertaining to the organization of the private fire-fighting unit and the duties of its members (limited to special areas where fire drill shall be conducted under Article 5-2);

9. Deleted; <by Presidential Decree No. 14334, Jul. 20, 1994>

10. With regard to the object of fire fighting under construction such as extension, improvement, rebuilding, relocation, or large-scale repairs, matters pertaining to the fire-fighting management of the construction site;

11. Matters concerning the joint and divided fire-prevention manage-ment; and

12. Other matters ordered by the chief of fire station of the relevant jurisdiction.

(2) The self-inspection plan as referred to in paragraph (1) 1 shall include inspection plans for the following matters: <Amended by Presidential Decree No. 14334, Jul. 20, 1994>

1. The structure, purpose of use, fire-fighting facility, evacuation notification systems, evacuation exits, safety section, fireproof section, smokeproof section, fire-prevention interior and the object subject to flame retardant treatment;

2. The location and structure of the manufacture, etc., fire-fighting facilities, and the manufacturing, storing and handling situations of hazardous materials (except for manufacturers, etc., whose fire prevention regulations are prescribed as referred to in Article 22 of the Act);

3. Matters pertaining to the training of the private fire-fighting unit or self-organized private fire brigade; and

4. Other matters necessary for the prevention of fire, extinguishing of fire, and prevention of combustion.

(3) The chief of fire station shall give guidance with respect to the making of the fire-fighting plan and its execution.

(4) The manufacturers, etc. where the fire prevention regulations should be made under Article 22 of the Act may have the fire-fighting plan as referred to in paragraph (1) included in its regulations. <Newly Inserted by Presidential Decree No. 14334, Jul. 20, 1994>

Article 11(Retardation of Flame in Special Place) #

(1) For the purpose of Article 11 (1) of the Act, the term “special place prescribed by the Presidential Decree” means special places as follows: <Amended by Presidential Decree No. 14334, Jul. 20, 1994; Presidential Decree No. 14747, Aug. 10, 1995; Presidential Decree No. 15485, Sep. 27, 1997; Presidential Decree No. 17154, Mar. 20, 2001; Presidential Decree No. 17558, Mar. 30, 2002>

1. Buildings except apartments, which have not less than eleven floors;

2. Massage parlors, health clubs, special baths, viewing assembly and sports facilities (limited to the interior of buildings, with the exception of swimming pools), general lodging facilities, tourist lodging facilities, general hospitals, mental hospitals, broadcasting stations, film studios and exhibition galleries;

3. Deleted; <by Presidential Decree No. 17154, Mar. 20, 2001>

4. Multi-usage businesses as referred to in Article 4-2; and

5. Facilities for juveniles (limited to those with lodging facilities) or facilities for the old and young.

(2) For the purpose of Article 11 (1) of the Act, the term “articles that are prescribed by the Presidential Decree” means the things as follows: <Amended by Presidential Decree No. 15485, Sep. 27, 1997; Presidential Decree No. 17558, Mar. 30, 2002>

1. Curtains (referring to curtains, dark curtains, stage curtains, and curtains used for partition, made mainly of paper, synthetic resin, or fibers, which are installed in the interior of a room such as windows or walls, etc.);

2. Interior decorations;

3. Carpets and wallpapers (referring to the wall packing paper, fabric wallpaper, natural material wallpaper, vinyl wallpaper or film, etc., but excluding paper wallpaper); and

4. Plywood used as partition plates (including that used for simple partition plates), plywood or fiberboards for use in exhibition halls, and plywood or fiberboards used as scenery.

(3) The standards for flame retardation effect as referred to in Article 11 (2) of the Act shall be determined and notified by the Minister of Government Administration and Home Affairs according to the type of things within the numerical value of the following subparagraphs: <Amended by Presidential Decree No. 16489, Jul. 29, 1999; Presidential Decree No. 17558, Mar. 30, 2002>

1. Within twenty seconds from the moment the flame of the burner is removed until the moment the flame is applied and the burning goes out;

2. Within thirty seconds from the moment the flame of the burner is removed until the moment the flame is not put on and the burning goes out;

3. The carbonized area is within fifty square centimeters and the car-bonized length is within twenty centimeters;

4. The number of contacts with the flame being not less than three times until the thing is completely melted by the flame; and

5. The maximum density of smoke shall be not more than 400 in case where a quantity of generated smoke is measured by the method as stipulated and publicly notified by the Minister of Government Administration and Home Affairs.

(4) The chief of the competent fire station may encourage the use of flame retardants, in case where the bed clothes, sofas and chairs to be used in the multi-usage businesses under Article 4-2, lodging facilities, general hospitals, mental hospitals, and facilities for the old and young are deemed to be in need of flame-retardant treatments. <Amended by Presidential Decree No. 17558, Mar. 30, 2002>

(5) Plywood or wood which are not processed for flame retardant in the course of manufacturing among articles as referred to in paragraph (2) may be post-processed for flame retardant at a place where they are installed. <Newly Inserted by Presidential Decree No. 15485, Sep. 27, 1997; Presidential Decree No. 17558, Mar. 30, 2002>

(6) From among goods under paragraph (2), the interior decorations to be installed in the multi-usage businesses under Article 4-2 shall be furnished with incombustible or semi-incombustible materials: Provided, That the same shall not apply to the case where the area of interior decorations furnished with plywood or timber is not more than 3/ 10 of the area summing up the ceiling and walls (5/10 where the equipments of sprinklers or simple sprinklers are installed), and to the case of the ceiling joists of not more than 10cm wide. <Newly Inserted by Presidential Decree No. 17558, Mar. 30, 2002>

Article 12(Hazardous Materials and Special Combustible Materials) #

(1) For the purpose of subparagraph 4 of Article 2 of the Act, the term “inflammable or combustible materials as prescribed by the Presidential Decree” means the items of the attached Table 3.

(2) For the purpose of Article 27 of the Act, the term “other things determined by the Presidential Decree” means the items of the attached Table 4 that spread quickly if a fire arises (hereinafter referred to as “special combustible materials”).

Article 13(Designated Quantities of Hazardous Materials) #

The designated quantities of hazardous materials as referred to in Article 15 (1) of the Act shall be the quantities prescribed in the attached Table 3.

Article 14(Hazardous Materials Manufacturing Factory) #

(1) For the purpose of Article 15 (1) of the Act, the term “hazardous materials manufacturing factory” means a place with a chain of facilities (including manufacturing facilities, handling facilities and storage facilities) for manufacturing hazardous materials of not less than the designated quantities per day.

(2) The manufacturing and handling facilities of the hazardous materials as referred to in paragraph (1) mean a chain of facilities established for the use of hazardous materials in working or other manufacturing processes, and the storage facilities of the hazardous materials mean storage facilities as referred to in Article 16. <Amended by Presidential Decree No. 15485, Sep. 27, 1997>

Article 15(Hazardous Materials Handling Places) #

The hazardous materials handling places referred to in Article 15 (1) of the Act are classified as follows: <Amended by Presidential Decree No. 14334, Jul. 20, 1994; Presidential Decree No. 14747, Aug. 10, 1995; Presidential Decree No. 15485, Sep. 27, 1997; Presidential Decree No. 16489, Jul. 29, 1999; Presidential Decree No. 16757, Mar. 24, 2000; Presidential Decree No. 17558, Mar. 30, 2002>

1. Gas stations: Hazardous materials handling places, which pump oil into fuel tanks of vehicles or ships or sell it to the actual consumers from their fixed oil facilities;

2. Sales establishments:

(a) Petroleum sales establishments: Hazardous materials handling places, each of them with the facility capable of storing hazardous materials (limited to kerosene and light oil) of not more than 40 times the designated quantity (limited to the indoor tank storage facility or the underground tank storage facility, and its storage capacity shall be made not more than 10 times the designated quantity in the case of the indoor tank storage facility) and sell petroleum to consumers: Provided, That where local agricultural cooperatives and the Federation thereof under the Agricultural Cooperatives Act run such establishments, the storage capacity shall be made not more than 50 times the designated quantity and hazardous materials permitted to store and handle shall be gasoline, kerosene and light oil; and

(b) Special hazardous materials sales establishments: Hazadous materials handling places, each of them with the facility capable of storing hazardous materials (limited to hazardous materials except gasoline, kerosine or diesel gasoline) of less than five times the designated quantity (in the case of storing the hazardous materials of Category No. 4 or Category No. 6 in the attached Table 3 in underground tank storage facilities, the designated quantity is less than 10 times) and sell them to the actual consumers at the establishment;

3. Transfer establishments: The establishments to transfer the hazardous materials through the laid pipes and accessories thereto: Provided, That the establishments which transfer the hazardous materials through oil pipelines under the Oil Pipeline Safety Control Act and those falling under any of the following items shall be excluded:

(a) Where the hazardous materials are transferred only in the site of an establishment relevant to the factory, etc. (excluding the laid pipes) and within the business place which constitutes a group of lands jointly with it;

(b) Where the space between business places is a road, and the laid pipes for transfer between business places cross over such road;

(c) Where the laid pipes for transfer between business places pass a land of the third person (limited to the person relevant to the rel-evant business place or running a business similar thereto; here-after the same shall apply in this subparagraph), and the length of such pipes is shorter than 100 meters;

(d) Where the laid pipes installed at marine structures (limited to the laid pipe whose inside diameter is shorter than 30㎝, in case where the hazardous materials in transfer is the petroleum of the first kind from among the hazardous materials of Category No. 4 in the attached Table 3), and the length of the laid pipes installed on the relevant sea is shorter than 30 meters; and

(e) Where it falls under two or more cases, from among those where the relevant laid pipes for transfer fall under the provisions of items (b) through (d), such as the case where the laid pipes for transfer between business places cross over the road and successively pass a land of the third person (in such case as passing a land of the third person, limited to the case where the length of relevant laid pipes for transfer is shorter than 100 meters);

4. Deleted; <by Presidential Decree No. 14334, Jul. 20, 1994>

5. General handling places: Hazardous materials handling places, not falling under subparagraphs 1 through 3 and being not a hazardous materials manufacturing factory inclusively, with the facility to handle and store hazardous materials of not less than the designated quantity per day for the purpose of using the hazardous materials to produce, process, or clean general goods or of consuming in a burner; and

6. Storage handling establishments: Hazardous materials handling places installed with storing facilities as referred to in Article 16 that are not falling under subparagraphs 1 through 3 and 5 and are not hazardous materials manufacturing factories.

Article 16(Classification of Storing Facilities) #

The storage facilities of hazardous materials as referred to in Article 15 (1) of the Act mean facilities storing hazardous materials of not less than the designated quantity, and the storing facilities are classified as follows: <Amended by Presidential Decree No. 14334, Jul. 20, 1994; Presidential Decree No. 14747, Aug. 10, 1995; Presidential Decree No. 15485, Sep. 27, 1997; Presidential Decree No. 17048, Dec. 29, 2000; Presidential Decree No. 17558, Mar. 30, 2002>

1. Indoor storing facilities: Storage facilities storing hazardous materials in a storehouse;

2. Outdoor tank storage facilities: Storage facilities storing hazardous materials in an outdoor tank: Provided, That storage facilities of subparagraphs 4 through 6 are excluded;

3. Indoor tank storage facilities: Storage facilities storing hazardous materials in indoor tanks: Provided, That storage facilities of subparagraphs 4 through 6 are excluded;

4. Underground tank storage facilities: Storage facilities storing hazardous materials in tanks buried underground: Provided, That storage facilities of subparagraph 5 are excluded;

5. Handy tank storage facilities: Storage facilities storing hazardous materials in handy tanks;

6. Tank truck storage facilities: Storage facilities storing hazardous materials in tanks fixed to vehicles (including tow trucks);

7. Outdoor storage facilities: Storage facilities storing hazardous materials of sulphur among the hazardous materials of Category No. 2 of the attached Table 3, Petroleum No. 2, Petroleum No. 3, Petroleum No. 4 and animal and plant oils among the hazardous materials of Category No. 4, or hazardous materials of Category No. 6: Provided, That in the case of bonded areas as referred to in Article 154 of the Customs Act, hazardous materials prescribed by the Special Metropolitan City Mayor, Metropolitan City Mayor, or Do governor (hereinafter referred to as the “Mayor/Do governor”) in their jurisdictions may be stored;

8. Ship tank storage facilities (limited to ships not applicable to Article 2 (1) of the Ship Safety Act): Storage facilities of storing hazardous materials in tanks fixed in ships or barge; and

9. Underground base rock storage facilities: Facilities of storing petroleum in a storage cave made by the excavating of underground base rocks.

Article 17(Conversion of Hazardous Materials of not less than Two Types) #

In case of manufacturing, storing, or handling not less than two types of hazardous materials that are less than the designated quantity in the same place or facility, and in cases where the added total of the quantity of each of the types manufactured, stored, or handled divided by the designated quantity of that item is not less than one, this shall be considered hazardous materials of not less than the designated quantity.

Article 18(Permission for Setting up, etc.) #

(1) Persons desiring to receive a permission to set up a factory, etc., as referred to in Article 16 (1) of the Act shall submit an application form prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs to the Mayor/Do governor having a jurisdiction over the relevant area. The same shall also apply when desiring to obtain an alteration permit. <Amended by Presidential Decree No. 14334, Jul. 20, 1994; Presidential Decree No. 16489, Jul. 29, 1999>

(2) Deleted. <by Presidential Decree No. 14747, Aug. 10, 1995>

(3) The Mayor/Do governor, in cases where, as a result of inspection under Article 19 on the manufacturer, etc., deems it conform to the facilities standards, shall issue a permit.

Article 19(Inspection of Completion of Construction, etc.) #

(1) Persons desiring to receive an inspection of completion of construction (including inspection of completion of construction for a partial part in case where partial use is necessary before completion of construction of the entire facility) for the manufacturers, etc., as referred to in Article 17 (2) of the Act shall submit a completion of construction inspection application form prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs to the Mayor/Do governor. <Amended by Presidential Decree No. 14747, Aug. 10, 1995; Presidential Decree No. 16489, Jul. 29, 1999>

(2) The installer of a manufacturer, etc. having hazardous materials tank shall apply for an inspection of completion of construction as referred to in paragraph (1) after receiving hazardous materials tank safety performance test by the Korea Fire Equipment Inspection Corporation as referred to in Article 103 of the Act, or the Mayor/Do governor under Article 17 (4) of the Act or a hazardous materials tank safety performance inspector as referred to in Article 18 (1) of the Act prior to installing parts of the tank with pipes and other accessorized equipment on the tank. <Amended by Presidential Decree No. 14747, Aug. 10, 1995>

(3) The Mayor/Do governor, in cases where the installer of the manufacturer, etc. has obtained the safety performance inspection as referred to in paragraph (2), shall exempt the installer from the entire safety performance inspection.

(4) The Mayor/Do governor, in cases where the manufacturer, etc. is not deemed to meet the facilities standard as a result of the inspection, shall order a corrective action by clearly expressing the reason for it.

Article 19-2(Manufacturer, etc. to Need Request for Inspection) #

(1) For the purpose of the latter part of Article 17 (2) of the Act, the term “manufacturer, etc. as prescribed by the Presidential Decree” means a manufacturing place and handling place of manufacturing and handling the hazardous materials of not less than 3000 times the designated quantity per day (excluding the quantity stored in storage facilities as referred to in Article 16).

(2) In case where the Mayor/Do governor requests the inspection under the provisions of the latter part of Article 17 (2) of the Act, he shall replace the inspection of completion as referred to in Article 19 by examining the written result of inspection submitted by the Korea Fire Equipment Inspection Corporation or the related professional organization determined by the Ordinance of the Ministry of Government Administration and Home Affairs (hereinafter referred to as the “designated organization”), under the conditions as prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs. <Amended by Presidential Decree No. 16489, Jul. 29, 1999>

[This Article Wholly Amended by Presidential Decree No. 15485, Sep. 27, 1997]

Article 19-3(Self-Inspection of Factory, etc.) #

(1) For the purpose of the former part of Article 17-2 (2) of the Act, the term “factory, etc. as prescribed by the Presidential Decree” means the following:

1. Hazardous materials manufacturing factory; and

2. Handling place of handling the hazardous materials of not less than 10 times the designated quantity.

(2) For the purpose of the proviso of Article 17-2 (2) of the Act, the term “hazardous materials storage tanks as prescribed by the Presidential Decree” means the following:

1. Outdoor storage tank covering one million liters or more in storage capacity; and

2. Deleted. <by Presidential Decree No. 16058, Dec. 31, 1998>

[This Article Newly Inserted by Presidential Decree No. 15485, Sep. 27, 1997]

Article 20(Hazardous Materials Safety Supervisors in Gas Stations, etc.) #

(1) For the purpose of Article 20 (1) 1 of the Act, the term “places prescribed by the Presidential Decree” means the following: <Amended by Presidential Decree No. 14747, Aug. 10, 1995; Presidential Decree No. 17154, Mar. 20, 2001>

1. Gas stations;

2. Sales establishments (limited to the case of selling only Category No. 4 hazardous materials, in case of special hazardous materials sales handling establishments); and

3. Factory, etc. which has installed the underground storage tank facilities and the fixed handling facilities in order to move and store the Category No. 4 hazardous materials of the attached Table 3 in the tank truck storage facilities.

(2) Deleted. <by Presidential Decree No. 15485, Sep. 27, 1997>

(3) For the purpose of Article 20 (1) 3 of the Act, the term “things prescribed by Presidential Decree” means power generating equipment in areas falling under any of the following subparagraphs of Article 2 of the Enforcement Decree of the Act on the Promotion of Electrification in Agricultural and Fishing Villages or factory, etc. used for power generating equipment. <Newly Inserted by Presidential Decree No. 14747, Aug. 10, 1995>

(4) For the purpose of Article 20 (1) 4 of the Act, the term “factory, etc. as prescribed by the Presidential Decree” means those falling under any of the following subparagraphs: <Amended by Presidential Decree No. 17154, Mar. 20, 2001>

1. Factory, etc. which store or handles only the hazardous materials as referred to in Category Nos. 4 and 6 of the attached Table 3, or the hazardous materials as prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs; and

2. Factory, etc. for which the holders of national technology qualifying for handling the hazardous materials or those undergone the training on the affairs of handling hazardous materials as defined by the Ordinance of the Ministry of Government Administration and Home Affairs conduct the transfer of the hazardous materials by the tank truck storage facilities.

Article 21(Factory, etc. That may Employ Safety Man for Hazardous Materials Facilities) #

A factory, etc. that may employ a safety man for hazardous materials facilities workers under Article 21 (1) of the Act shall be a factory, etc. of handling hazardous materials of not less than 10,000 times the designated quantity: Provided, That the following factory, etc. shall be excluded: <Amended by Presidential Decree No. 14334, Jul. 20, 1994; Presidential Decree No. 15485, Sep. 27, 1997; Presidential Decree No. 16489, Jul. 29, 1999>

1. The general handling places where boilers, burners, internalcombustion engines and any other similar equipments consume the hazardous materials;

2. The storage handling places where tanks fixed to vehicles and others similar to these are used for filling the hazardous materials;

3. The storage handling places where steel drums and other containers are used to store the hazardous materials;

4. The general handling places where oil pressure equipment, lubrication equipment and other similar equipment are used to handle the hazardous materials;

5. Manufacturers or general handling places falling under the Mining Safety Act; and

6. Manufacturers or general handling places falling under the Control of Firearms, Swords and Explosives, etc. Act.

Article 22(Factories under Obligation to Make Fire-Prevention Regulations) #

Manufacturers, etc. that shall have the fire prevention regulations for the purpose of fire prevention under Article 22 (1) of the Act shall be manufacturers, etc. falling under any one of the following subparagraphs: Provided, That general handling places and storage handling places equipped only with indoor tank storage facilities (limited to the case of heating purpose) or underground tank storage facilities, and manufacturers, etc. having determined their security regulations as referred to in the Mining Safety Act are excluded: <Amended by Presidential Decree No. 14747, Aug. 10, 1995; Presidential Decree No. 15485, Sep. 27, 1997; Presidential Decree No. 16489, Jul. 29, 1999>

1. Factories handling the hazardous materials of not less than 10 times the designated quantity;

2. General establishments handling the hazardous materials of not less than 30 times the designated quantity (excluding the case where they are sold for heating purpose);

3. Storage establishments with the storage facility falling under any of the following subparagraphs:

(a) The outdoor storage facility capable of storing and handling the hazardous materials of not less than 100 times the designated quantity;

(b) The indoor storage facility capable of storing and handling the hazardous materials of not less than 150 times the designated quantity; and

(c) The outdoor storage facility capable of storing and handling the hazardous materials of not less than 200 times the designated quantity; and

4. and 5. Deleted. <by Presidential Decree No. 15485, Sep. 27, 1997>

Article 23(Organization of Private Fire Brigades) #

(1) The manufacturer, etc. that shall form a private fire brigades (hereinafter referred to as the “private fire brigade”) under Article 23 of the Act are as follows: <Amended by Presidential Decree No. 14334, Jul. 20, 1994; Presidential Decree No. 15485, Sep. 27, 1997>

1. Manufacturers, etc. storing or handling the hazardous materials of Category No. 4 not less than 3,000 times the designated quantity (excluding manufacturers as referred to in subparagraph 5 of Article 21);

2. General handling establishments storing or handling hazardous materials of Category No. 4 not less than 3,000 times the designated quantity (excluding general handling establishments as referred to in subparagraph 5 of Article 21); and

3. Storage handling establishments storing or handling hazardous materials of Category No. 4 not less than 20,000 times the designated quantity.

(2) Private fire brigades organized according to the standards of the following table shall be formed in manufacturers, etc. as referred to in paragraph (1) 1 or general handling establishments as referred to in paragraph (1) 2 (excluding general handling establishments as referred to in subparagraphs 1, 4, and 6 of Article 21; hereinafter in this paragraph the same shall apply): Provided, That for the purpose of preventing fires or other fire disasters, the organizing may be done differently under the Ordinance of the Ministry of Government Administration and Home Affairs for manufacturer, etc. and general handling places concluding an agreement of settlement regarding mutual support with other manufacturer, etc. and general handling places. <Amended by Presidential Decree No. 14334, Jul. 20, 1994; Presidential Decree No. 15485, Sep. 27, 1997; Presidential Decree No. 16489, Jul. 29, 1999>

(3) In general handling places as referred to in paragraph (1) 2 (limited to general handling places as referred to in subparagraphs 1, 4, and 6 of Article 21) or storage handling places as referred to in paragraph (1) 3, a private fire brigade for fire-fighting organized with one foam trailer with a diameter of the nozzle of the foam drainage hydrant being not less than 65 millimeters and the storage amount of foam fire extinguishing agents being not less than 400 liters, and not less than two operating personnel shall be organized. <Amended by Presidential Decree No. 14334, Jul. 20, 1994; Presidential Decree No. 15485, Sep. 27, 1997>

(4) Chemical fire engines as referred to in paragraph (2) shall have fire-fighting capability and equipment (including individual equipments such as fire extinguishing agents and equipments and heat resistant uniforms) prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs.

(5) Deleted. <by Presidential Decree No. 16489, Jul. 29, 1999>

(6) The chief of fire station of the relevant jurisdiction shall guide and supervise matters regarding the operation of the self-unit for fire fighting.

Article 24(Types of Fire-Fighting Facilities) #

(1) Fire-fighting equipment means water and other machinery, tools, or equipment of the following that executes fire extinguishing, using fire-extinguishing agents and things having the corresponding fire extinguishing capability: <Amended by Presidential Decree No. 14334, Jul. 20, 1994; Presidential Decree No. 15485, Sep. 27, 1997; Presidential Decree No. 17558, Mar. 30, 2002>

1. Fire extinguishing tools:

(a) Manual fire extinguishers;

(b) Automatic fire extinguishers; and

(c) Handy portable fire extinguishing tools:

(ⅰ) Handy portable fire extinguishing tools using fire extinguishing agents;

(ⅱ) Expansion Chile saltpeter or expansion perlite; and

(ⅲ) Dry sand;

2. Indoor fire hydrant equipment;

3. Sprinkler equipment and simple sprinkler equipment;

4. Water spraying fire extinguishing equipment, foam fire extinguishing equipment, carbon dioxide fire extinguishing equipment, halogen compound fire extinguishing equipment and powder fire extinguishing equipment (hereinafter referred to as the “water spraying, etc. fire extinguishing equipment”); and

5. Outdoor fire hydrant equipment.

(2) Alarm equipment means machinery, tools, or equipment that notify the outbreak of fire and are as follows: <Amended by Presidential Decree No. 15485, Sep. 27, 1997>

1. Emergency bell equipment, automatic siren equipment and independent alarm sensors (hereinafter referred to as the “emergency alarm equipment”);

2. Emergency broadcast equipment;

3. Electric-leakage circuit alarm;

4. Automatic fire detection equipment;

5. Automatic prompt fire notification equipment; and

6. Gas leakage alarm.

(3) Evacuation equipment means things used for the purpose of evacuation in a case where fire breaks out and the following: <Amended by Presidential Decree No. 17558, Mar. 30, 2002>

1. Slides, evacuation ladders, escape chutes, escape hatches, evacuation bridge, evacuation rope, air safety mats, and other evacuation tools;

2. Lifesaving equipments such as heat resistant uniforms, oxygen respiratory machine, artificial resuscitation equipments, etc.;

3. Guiding lights and guiding signs; and

4. Emergency lights and portable emergency lights.

(4) Fire-fighting water equipment means the ones to store fire-fighting water necessary for the suppression of fires and the following:

1. Waterworks equipment for fire-fighting water; and

2. Fire-fighting water tanks, water reservoir and other fire-fighting water equipment.

(5) Fire-fighting activity equipment means the following: <Amended by Presidential Decree No. 14334, Jul. 20, 1994>

1. Smokeproof equipment;

2. Connecting water pipe equipment;

3. Connecting water sprinkler equipment;

4. Emergency electrical outlet equipment;

5. Cordless communication assistance equipment; and

6. Combustion prevention equipment.

Article 25(Total Sectioning and Connecting Parts of Objects of Fire Fighting) #

(1) In case where an object of fire fighting with a fireproof structure is sectioned by a floor or wall of fireproof structure without an opening, those parts sectioned shall each be considered different objects of fire fighting in the application of the provisions of this Chapter.

(2) In case where not less than two objects of fire fighting are connected by passageways, hallways, or pit, etc. (hereinafter referred to as “connecting passageways”) prescribed by the Minister of Government Administration and Home Affairs, the not less than two objects of fire fight-ing that are connected shall be considered one object of fire fighting in the application of the provisions of this Chapter. <Amended by Presidential Decree No. 16489, Jul. 29, 1999>

[This Article Wholly Amended by Presidential Decree No. 14334, Jul. 20, 1994]

Article 26(Special Areas Applicable to Standards of Fire-Fighting Facilities of Underground Streets) #

In case where the underground floor of the special areas of the attached Table 1 is connected with the underground streets, the part of the said underground floor shall be considered the underground streets in the application of the provisions of this Chapter (excluding the provisions regarding fire fighting equipment).

Article 27(Fire-Fighting Facilities of Special Areas) #

On special places of the attached Table 1 under Article 30 (1) of the Act, fire-fighting facilities according to the installment object standards as referred to in Articles 28 through 32 shall be installed.

Article 28(Fire-Fighting Equipment) #

(1) The objects of fire fighting subject to install fire-fighting tools shall be as follows: <Amended by Presidential Decree No. 14334, Jul. 20, 1994; Presidential Decree No. 15485, Sep. 27, 1997>

1. Things where manual fire extinguishers or handy portable fire-extinguishing tools shall be installed:

(a) Things that are not less than 33 square meters in total floor area; and

(b) Designated cultural heritages and gas facilities that do not fall under item (a); and

2. Things where automatic fire extinguishers shall be installed:

The sixth floor or higher for apartments that have not less than eleven floors.

(2) The objects of fire fighting subject to install indoor fire hydrant equipment shall be as follows: Provided, That this shall not apply to a case of gas facilities or underground exits, and the hose reel indoor fire hydrant equipment may be installed at apartment buildings, business facilities or facilities for the old and young: <Amended by Presidential Decree No. 14334, Jul. 20, 1994; Presidential Decree No. 15485, Sep. 27, 1997; Presidential Decree No. 17558, Mar. 30, 2002>

1. Objects of fire fighting (excluding tunnels among underground streets) of which the total floor area is not less than 3,000 square meters, or all floors for those having a floor with a floor area of not less than 600 square meters among underground floors, windowless floors or floors with the fourth floor or higher;

1-2. Tunnels, among underground streets, which are not less than 1000 meters in length;

2. All floors for neighborhood activity facilities, amusement facilities, sales facilities, lodging facilities, facilities for the old and young, medical facilities, business facilities, communications and photography facilities, factories, storage facilities, transportation vehicle related facilities, and complex buildings with a total floor area of not less than 1,500 square meters or those with a floor area of not less than 300 square meters among the underground floors, windowless floors, or the floors above the fourth floor, all of which are not falling under any of subparagraph 1;

3. Things that store or handle special combustible materials of not less than 750 times the amount determined in the attached Table 4 as factories and storage facilities not falling under subparagraphs 1 and 2; and

4. Garages and parking lots installed on the roofs of buildings of which the floor area used for parking is not less than 200 square meters.

(3) The objects of fire fighting subject to install sprinkler equipment shall be as follows: Provided, That this shall not apply to a case of gas facilities or underground exits: <Amended by Presidential Decree No. 14334, Jul. 20, 1994; Presidential Decree No. 14747, Aug. 10, 1995; Presidential Decree No. 15485, Sep. 27, 1997; Presidential Decree No. 17154, Mar. 20, 2001; Presidential Decree No. 17558, Mar. 30, 2002>

1. Viewing assembly and sports facilities of which the floor area of a stage (including equipment rooms and property rooms attached to a stage; hereinafter the same shall apply) meets the standards as referred to in the following items or higher:

(a) The stage of which the floor area is 300 square meters, in case where the stage is located on an underground floor, windowless floor, or the fourth floor or higher; and

(b) The stage of which the floor area is 500 square meters, in case where the stage is located on any other floor;

2. All floors for sales facilities of which the total floor area meets the standards as referred to in the following items or higher:

(a) 6,000 square meters for buildings of not more than three stories; and

(b) 5,000 square meters for buildings of not less than four stories;

3. All floors for those that have floors used as hotels or motels for buildings of not less than 11 stories;

4. The floors of not less than the sixteenth floor for apartments of not less than 16 stories;

4-2. Juvenile facilities (limited to those with lodging facilities) or those for the young and old whose total floor area is not less than 600 square meters;

5. Things that are not less than 1,500 square meters in total floor area that are rack-style storages (referring to storages with a shelf or a similar stuff and a transport equipment for receiving materials by an elevator) with the height of the ceiling (in a case where there is no ceiling, a part of roof facing the inside of house) being higher than 10 meters;

6. Things that store or handle special combustible materials of not less than 1,000 times the amount determined in the attached Table 4 that are storage facilities not falling under subparagraph 5 or a factory;

7. Things that are not less than 1,000 square meters in total floor area of underground streets (excluding tunnels);

8. Floors not less than 1,000 square meters in total floor area that do not fall under subparagraphs 1 through 6 of underground floors, windowless floors, or the 4th floor and above the 4th floor of fire fighting properties (excluding schools, apartments and freezing storages);

9. 11th floor and above the 11th floor for the buildings that have not less than 11 floors that are objects of fire fighting and do not fall under subparagraph 1 through 6 or 8;

10. Boiler rooms or connecting passageways annexed to the objects of fire fighting of subparagraphs 1 through 9; and

11. All floors that are those of not less than 5,000 square meters in total floor area of complex buildings.

(4) The objects of fire fighting subject to install water spraying fire-extinguishing equipment shall be as follows: Provided, That this shall not apply to a case of gas facilities or underground exits: <Amended by Presidential Decree No. 14334, Jul. 20, 1994; Presidential Decree No. 14747, Aug. 10, 1995; Presidential Decree No. 15485, Sep. 27, 1997; Presidential Decree No. 17154, Mar. 20, 2001>

1. Things storing or handling special combustible materials of not less than 1,000 times the amount determined in the attached Table 4, that are factories and storages;

1-2. Airplane hangar;

2. Things not less than 800 square meters in total floor area among parking buildings;

3. Garages and parking lots established in a building of which the floor area used for parking is not less than 200 square meters;

3-2. Things not less than 200 square meters for the floor area of the place which always holds vehicles that are vehicle inspection centers or vehicle maintenance centers;

4. Things which can park not less than 20 vehicles, that are parking facilities with machine equipment such as elevators not falling under subparagraphs 2 and 3; and

5. Things not less than 300 square meters in floor area that are electricity rooms, power generator rooms, electricity substation rooms (excluding electricity rooms, power generator rooms, electricity substation rooms only installing electric wires and cables not using combustible covering and electric machines such as current transformers or a current breaker not using combustible insulating oil), storage battery room, communications room, and computer room (in case there are not less than two rooms installed within the same fireproof section, these shall be considered as one room for the calculation of the floor area): Provided, That those of the main control room installed with an indoor power control in a fireproof structure with installation of a two voltage facility and using low voltage of not more than 220 volts for the electric machines and with workers permanently stationed for 24 hours are excluded.

(5) Fire-fighting properties subject to install outdoor fire hydrant-equipment shall be as follows: Provided, That this shall not apply to a case of gas facilities, underground exits, or tunnels among under-ground streets: <Amended by Presidential Decree No. 14334, Jul. 20, 1994; Presidential Decree No. 14747, Aug. 10, 1995; Presidential Decree No. 15485, Sep. 27, 1997>

1. Things which the sum of the floor area of the first and second floor is not less than 9,000 square meters. In this case, if there are not less than two buildings in the same area, the buildings whose horizontal distance, from the middle line of outer walls mutually, is not more than three meters for the first floor and not more than five meters for the second floor, shall be considered as one building;

2. Things not less than 1,000 square meters in total floor area that are designated cultural heritage; and

3. Things storing or handling special combustible materials of not less than 750 times the amount determined in the attached Table 4 outside the building that are factories and storage facilities not falling under subparagraph 1: Provided, That those where sprinkling equipment has been installed for the purpose of suppressing the dispersement of dust under Article 28 of the Clean Air Conservation Act are excluded.

(6) The objects of fire-fighting subject to install the simplified sprinkler equipment shall be the business place installed on the underground floor from among the multiusage businesses as referred to in Article 4-2, whose floor area is not less than 150 square meters. <Newly Inserted by Presidential Decree No. 17154, Mar. 20, 2001>

Article 29(Alarm Equipment) #

(1) The objects of fire-fighting which are to be equipped with emergency alarm equipment shall be as follows: Provided, That this shall not apply in the case of gas facilities or underground exits: <Amended by Presidential Decree No. 15485, Sep. 27, 1997; Presidential Decree No. 17154, Mar. 20, 2001>

1. The objects of fire-fighting, of which the total floor area is not less than 400 square meters (excluding tunnels among underground streets), or the floor area of underground floors or windowless floors is not less than 150 square meters (in case of a performance hall, not less than 100 square meters);

2. Tunnels, among underground streets, which are not less than 500 meters in length; and

3. Indoor working places where 50 or more workers are on the job at normal times.

(2) Emergency broadcasting equipment shall be installed in the objects of fire-fighting which are not less than 3,500 square meters in total floor area or with not less than 11 floors or with not less than 3 under-ground floors: Provided, That this shall not apply in the cases of gas facilities, underground exits, or tunnels among underground streets. <Amended by Presidential Decree No. 14334, Jul. 20, 1994; Presidential Decree No. 15485, Sep. 27, 1997>

(3) The objects of fire-fighting (limited to the building not fire resisting construction but buildings with the wall, floor or ceiling whose whole or part material is made of incombustibles or quasi-incombustibles with wire net put in) where short-circuit alarm systems shall be installed are as follows: Provided, That this shall not apply in the case of gas facilities, underground exits, or tunnels among underground streets: <Amended by Presidential Decree No. 14334, Jul. 20, 1994; Presidential Decree No. 15485, Sep. 27, 1997>

1. Deleted; and <by Presidential Decree No. 16489, Jul. 29, 1999>

2. Those exceeding 100 amperes in the contracted current capacity (in case where electricity of a different kind of contract is being supplied to the same building, relating to the greatest contracted current among them).

(4) The objects of fire fighting subject to install automatic fire detection equipment shall be as follows: <Amended by Presidential Decree No. 14334, Jul. 20, 1994; Presidential Decree No. 14747, Aug. 10, 1995; Presidential Decree No. 15485, Sep. 27, 1997; Presidential Decree No. 16489, Jul. 29, 1999; Presidential Decree No. 17154, Mar. 20, 2001>

1. Neighborhood living facilities (excluding general baths), amusement facilities, lodging facilities, medical facilities and complex buildings that are not less than 600 square meters in total floor area;

2. General baths, viewing assembly and sports facilities, communications and photography facilities, tourist resting facilities, underground streets (excluding tunnels), sales facilities, apartments and dormitories, business facilities, transportation vehicle related facilities, exhibition facilities, factories and storage facilities all of which are not less than 1,000 square meters in total floor area;

3. Educational research facilities (excluding the juvenile facilities with lodging facilities), religious facilities, animal and plant related facilities, sanitation, etc. related facilities and correctional facilities that are not less than 2,000 square meters in total floor area;

4. Factories and storage facilities not falling under subparagraph 2 which store or handle special combustible materials of not less than 500 times the amount designated in the attached Table 4;

5. Underground exits prescribed by the Ordinance of the Ministry of

Government Administration and Home Affairs; and

6. Juvenile facilities (limited to those with lodging facilities) or the facilities for the young and old whose total floor area is not less than 400 square meters, and the admitted persons therein (referring to the persons calculated pursuant to the attached Table 4-2) shall be not less than 100.

(5) The objects of fire fighting under obligation to install automatic fire alarm equipment shall be as follows: <Amended by Presidential Decree No. 16489, Jul. 29, 1999>

1. Sales facilities; lodging facilities, medical facilities, communications and photography facilities, exhibition facilities, factories and storage facilities, each of them with a story, the floor area of which is not less than 1,500 square meters;

2. Aged and young people facilities, each of them with a story, the floor area of which is not less than 500 square meters; and

3. Youth facilities (limited to structures which have lodging facilities), from among educational and research facilities, each of them with a story, the floor area of which is not less than 500 square meters.

Article 30(Evacuation Equipment) #

(1) Evacuation equipment shall be installed in all the floors of the object of fire fighting except the evacuation floor, second floor and the eleventh floor or above: Provided, That this shall not apply in the cases of gas facilities, underground exits, or tunnels among underground streets. <Amended by Presidential Decree No. 14334, Jul. 20, 1994; Presidential Decree No. 15485, Sep. 27, 1997>

(2) Life rescue equipment shall be installed in tourist hotels having not less than seven stories and in hospitals of at least five stories: Provided, That artificial resuscitation equipment in the case of hospitals are excluded. <Amended by Presidential Decree No. 14334, Jul. 20, 1994>

(3) Evacuation exit guiding lights, passageway guiding lights and guide signs shall be installed in all objects of fire fighting (excluding tunnels among underground streets), and guest seat guiding lights shall be installed in dancing amusement restaurants, viewing assemblies and sports facilities: Provided, That in the case of underground exits, evacuation exit guiding lights and passageway guiding lights are excluded. <Amended by Presidential Decree No. 14334, Jul. 20, 1994; Presidential Decree No. 15485, Sep. 27, 1997>

(4) The objects of fire fighting subject to install emergency lights shall be as following: Provided, That this shall not apply to garages, parking facilities, gas facilities, underground exits, or those similar to this that are prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs: <Amended by Presidential Decree No. 14334, Jul. 20, 1994; Presidential Decree No. 15485, Sep. 27, 1997; Presidential Decree No. 16489, Jul. 29, 1999>

1. Buildings having not less than five stories and not less than 3,000 square meters in total floor area;

2. The underground floor or windowless floor in the case of the objects of fire fighting not falling under subparagraph 1 and the under-ground floor or the windowless floor being not less than 450 square meters in floor area; and

3. Tunnels, among underground streets, which are not less than 500 meters in length.

(5) The objects of fire fighting subject to install portable emergency lights shall be the lodging facilities (excluding officetels). <Newly Inserted by Presidential Decree No. 17558, Mar. 30, 2002>

Article 31(Fire-Fighting Water Equipment) #

(1) The objects of fire fighting subject to install waterworks fire-fighting water equipment shall be as follows: Provided, That in the areas not having installed the waterworks prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs, these may be replaced with water hole fire-fighting water reservoir: <Amended by Presidential Decree No. 14334, Jul. 20, 1994; Presidential Decree No. 15485, Sep. 27, 1997; Presidential Decree No. 16489, Jul. 29, 1999>

1. Those not less than 5,000 square meters in total floor area: Provided, That this shall not apply in the cases of gas facilities, underground exits, or tunnels among underground streets; and

2. Those gas facilities having a sum of not less than 100 tons in storage capacity of the tank exposed above the ground.

(2) Deleted. <by Presidential Decree No. 16489, Jul. 29, 1999>

Article 32(Fire-Fighting Activity Equipment) #

(1) The objects of fire fighting subject to install smokeproof equipment shall be as follows: <Amended by Presidential Decree No. 14747, Aug. 10, 1995; Presidential Decree No. 15485, Sep. 27, 1997>

1. Those viewing assemblies and sports facilities having a floor area of the stage area of not less than 200 square meters;

2. Those neighborhood activities and recreation facilities, sales facilities, and overnight sleeping facilities having a floor area of the underground floors or the windowless floors of not less than 1,000 square meters;

3. Those waiting rooms or resting rooms of cross-country bus terminals, railroad station buildings, airport facilities, marine transportation facilities having a floor area of the underground floors or the windowless floors of not less than 1,000 square meters;

4. Those underground streets (excluding tunnels) having a total floor area not less than 1,000 square meters;

4-2. Tunnels, among underground streets, which are not less than 1,000 meters in length; and

5. Special evacuation stairs and elevator areas of emergency elevators constructed in special areas (except side-corridor-type apartments).

(2) The objects of fire fighting where connecting water pipe equipment shall be installed are as follows: Provided, That this shall not apply in the cases of gas facilities or underground exits: <Amended by Presidential Decree No. 14334, Jul. 20, 1994; Presidential Decree No. 15485, Sep. 27, 1997>

1. Buildings not less than five stories high having not less than 6,000 square meters in total floor area;

2. The objects of fire fighting not falling under subparagraph 1 being not less than 7 stories in height;

3. The objects of fire fighting not falling under subparagraphs 1 and 2 having underground floors of not less than three floors and the sum of the floor area of the underground floors being not less than 1,000 square meters; and

4. Tunnels, among underground streets, which are not less than 2,000 meters in length.

(3) The objects of fire fighting where water sprinkling connecting equipment shall be installed are as follows: Provided, That underground exits are excluded, and in the case of subparagraphs 1 and 2, where the main structural parts consist of a fireproof structure, the areas of the bathing room, toilet room, electricity room, machine room (except the boiler room), communications machine room, elevator shaft, linen shoot and the pipe duct are excluded: <Amended by Presidential Decree No. 14334, Jul. 20, 1994>

1. Those sales facilities having a floor area of not less than 1,000 square meters;

2. Those underground floors having a sum of the floor area of not less than 150 square meters: Provided, That it is those underground floors of apartments (limited to those used only for evacuation facilities) that are not more than the size of citizen housing as referred to in the proviso clause of Article 30 (1) of the Ordinance of Housing Construction Promotion Act and underground floors of schools that are not less than 700 square meters;

3. Tank facilities among the gas facilities that are not less than 30 tons in tank capacity exposed above the ground; and

4. Connecting passageways, etc. attached in the objects of fire-fighting of subparagraphs 1 and 2.

(4) The objects of fire-fighting subject to install emergency plug equipment shall be as follows: Provided, That this shall not apply in the cases of gas facilities or underground exits: <Amended by Presidential Decree No. 14334, Jul. 20, 1994; Presidential Decree No. 15485, Sep. 27, 1997>

1. Eleventh floor or above for those buildings with at least eleven stories;

2. All the underground floors for those having not less than three underground floors and the sum of the floor areas of the underground floor being not less than 1,000 square meters; and

3. Tunnels, among underground streets, which are not less than 500 meters in length.

(5) The objects of fire-fighting subject to install wireless communications aid equipment shall be as follows: Provided, That this shall not apply in the case of gas facilities: <Amended by Presidential Decree No. 14334, Jul. 20, 1994; Presidential Decree No. 15485, Sep. 27, 1997; Presidential Decree No. 17154, Mar. 20, 2001; Presidential Decree No. 17816, Dec. 26, 2002>

1. Those underground streets having a total floor area of not less than 1,000 square meters;

2. All the underground floors for those having the sum of the floor areas of the underground floors of not less than 3,000 square meters or having not less than three underground floors and the sum of the floor areas of the underground floors being not less than 1,000 square meters;

3. Tunnels, among underground streets, which are not less than 500 meters in length; and

4. Underground exits which are the joint exits under subparagraph 9 of Article 2 of the National Land Planning and Utilization Act.

(6) Combustion prevention equipment and fire prevention wall shall be installed in the underground exits under the conditions as prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs. <Newly Inserted by Presidential Decree No. 14334, Jul. 20, 1994; Presidential Decree No. 16489, Jul. 29, 1999; Presidential Decree No. 17154, Mar. 20, 2001>

(7) The coordinated supervisory systems shall be constructed in the joint exits under subparagraph 9 of Article 2 of the National Land Planning and Utilization Act, under the conditions as determined by the Ordinance of the Ministry of Government Administration and Home Affairs. <Newly Inserted by Presidential Decree No. 17154, Mar. 20, 2001; Presidential Decree No. 17816, Dec. 26, 2002>

Article 33(Exemption to Fire-Fighting Facilities, etc.) #

(1) Where water spraying fire-extinguishing equipment or outdoor fire hydrant equipment is installed in the objects of fire-fighting in confor-mity with the standards set by the Ordinance of the Ministry of Government Administration and Home Affairs instead of automatic fire extinguishers or indoor hydrant equipment which has to be installed in the objects of fire-fighting, the automatic fire extinguishers or indoor fire hydrant equipment may not be installed within the partial area of the effective range of the equipment (including the stairs of the floors and the accessories room with the sprinkler equipment or water spraying fire-extinguishing equipment installed that are prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs, and limited to the parts of the first floor and second floor for the outdoor fire hydrant equipment). <Amended by Presidential Decree No. 14334, Jul. 20, 1994; Presidential Decree No. 14747, Aug. 10, 1995; Presidential Decree No. 16489, Jul. 29, 1999>

(2) Where water spraying fire-extinguishing equipment are installed according to the standards prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs to the objects of fire fighting where sprinkler equipment shall be installed, the sprinkler equipment may not be installed within the partial area of the effective range of the equipment. <Amended by Presidential Decree No. 16489, Jul. 29, 1999>

(3) Where water sprinkler equipment is installed applicable to the standards prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs to garages or parking lots (including those falling under Article 28 (4) 3-2) where the water spraying fire-extinguishing equipments shall be installed, or to the objects of fire-fighting storing or handling special combustible materials of the attached Table 4,the water spraying fire-extinguishing equipment may not be installed within the partial area of the effective range of the equipment. <Amended by Presidential Decree No. 14747, Aug. 10, 1995; Presidential Decree No. 16489, Jul. 29, 1999>

(4) Where the sprinkler equipment or water spraying fire-extinguishing equipment is installed in the objects of fire-fighting in conformity with the standards set by the Ordinance of the Ministry of Government Administration and Home Affairs instead of the outdoor fire hydrant equip-ment which has to be installed in the objects of the fire-fighting, the outdoor fire hydrant equipment may not be installed within the partial area of the effective range of the equipment. <Amended by Presidential Decree No. 16489, Jul. 29, 1999>

(5) Where the sprinkler equipment or water spraying fire-extinguishing equipment are installed in the objects of fire-fighting in conformity with the standards as defined by the Ordinance of the Ministry of Government Administration and Home Affairs, instead of the simplified sprinkler equipment which has to be installed in the objects of the fire-fighting, the simplified sprinkler equipment may not be installed within the partial area of the effective range thereof. <Newly Inserted by Presidential Decree No. 17154, Mar. 20, 2001>

(6) Where the sprinkler equipment, water spraying fire extinguishing equipment, or foam fire-fighting equipment (limited to those installed with a closed-type head having an operating time of within 60 seconds and an indicating temperature of not more than 75 degrees celsius) are installed to the objects of fire-fighting (excluding the parts of the objects of fire fighting prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs) where automatic fire-detecting equipment shall be installed in conformity with the standards prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs, the automatic fire-detecting equipment may not be installed within the partial area of the effective range of the equipment. <Amended by Presidential Decree No. 16489, Jul. 29, 1999>

(7) Where the automatic fire-detecting equipments are installed to the objects of fire-fighting where an emergency alarm system shall be in-stalled in conformity with the standards prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs, the emergency alarm system may not be installed within the partial area of the effective range of the equipment. <Amended by Presidential Decree No. 16489, Jul. 29, 1999>

(8) Where the automatic fire detecting equipment or emergency alarm system or any broadcasting equipment producing sounds better or equivalent to the emergency alarm system are installed to the objects of fire-fighting where emergency broadcasting equipment shall be installed in conformity with the standards prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs, the emergency broadcasting equipment may not be installed within parts of the effective range of the equipment. <Amended by Presidential Decree No. 16489, Jul. 29, 1999>

(9) Where it is deemed that there is no interference to evacuation according to the situation of the location, structure, or equipment of the objects of fire fighting where evacuation equipment shall be installed, the evacuation equipment may not be installed under the conditions as prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs. <Amended by Presidential Decree No. 14334, Jul. 20, 1994; Presidential Decree No. 16489, Jul. 29, 1999>

(10) Where indoor fire hydrant equipment, sprinkler equipment, or connecting sprinkler equipment constructed with connecting water pipes outdoors and water proof holes indoors are installed to the objects of fire-fighting where connecting water pipes equipment shall be installed in conformity with the standards prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs, the connecting water pipes equipment may not be installed within the partial area of the effective range of the equipment. <Amended by Presidential Decree No. 14334, Jul. 20, 1994; Presidential Decree No. 16489, Jul. 29, 1999>

(11) Where sprinkler equipment, simplified sprinkler equipment, or

water spraying fire-extinguishing equipment constructed with water holes are installed to the objects of fire fighting where connecting sprinkler equipment shall be installed, in conformity with the standards prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs, the connecting sprinkler equipment may not be installed within the partial area of the effective range of the equipment. <Amended by Presidential Decree No. 16489, Jul. 29, 1999; Presidential Decree No. 17154, Mar. 20, 2001>

(12) In case where an air conditioning equipment is installed applicable to the standards prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs to the objects of fire fighting where smokeproof equipment shall be installed, the smokeproof equipment may not be installed. <Amended by Presidential Decree No. 16489, Jul. 29, 1999>

(13) In case where evacuation exit guiding lights or passageway guiding lights are installed applicable to the standards prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs to the objects of fire fighting where emergency lights shall be installed, the emergency lights may not be installed within the partial area of the effective range of the guiding lights. <Amended by Presidential Decree No. 16489, Jul. 29, 1999>

(14) In case where short circuit alarms or ground fault circuit interrupter equipment are installed as referred to in electricity related Acts and subordinate statutes to the objects of fire fighting or to their parts, the short circuit alarms may not be installed within the partial area of the effective range of the equipment.

(15) In case where any mobile communications internal relay line equipment or wireless mobile relay equipment, etc. (limited to the products which have passed a type approval test under Article 46 of the Radio Waves Act) are installed applicable to the standards prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs at the objects of fire fighting where wireless communications aid equipment shall be installed, the wireless communications aid equipment may not be installed. <Newly Inserted by Presidential Decree No. 14747, Aug. 10, 1995; Presidential Decree No. 16489, Jul. 29, 1999; Presidential Decree No. 17558, Mar. 30, 2002>

(16) In case where fire-fighting water facilities are installed under the provisions as prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs around the area of the objects of fire fighting where waterworks fire extinguishing water facilities shall be installed, the waterworks fire extinguishing water facilities do not have to be installed. <Newly Inserted by Presidential Decree No. 14747, Aug. 10, 1995; Presidential Decree No. 16489, Jul. 29, 1999>

Article 33-2(Special Case for Applying Fire-Fighting Facility Standards to Building Extensions or Altering Purpose of Use) #

(1) In the case of building extensions in the existing special areas under Article 31 (2) of the Act, the standards of the fire-fighting facilities at the time of extending the building is applied to the entire special area including the existing parts: Provided, That where the existing parts and the extension parts are sectioned by fireproof floors and walls or by fire-prevention doors or automatic fire-prevention shutters installed in conformity with the standards set by the Minister of Government Administration and Home Affairs, the installation of fire-fighting facilities which have to be installed in the existing parts shall be exempted. <Amended by Presidential Decree No. 16489, Jul. 29, 1999>

(2) In case where there is an alteration to the purpose of use for the special area, the standards of the fire-fighting facilities at the time of the alteration of the purpose of use is applied, limited to the parts being altered: Provided, That in a case where the parts of the previous purpose of use was installed applicable to the standards of the fire-fighting facilities at the time the said parts was installed in the case of the higher fire hazard purpose of use prescribed and publicly noticed by the Minister of Government Administration and Home Affairs being altered to the lower fire hazard purpose of use, standards of the fire-fighting facilities at the time the parts of the previous purpose of use was installed is applied. <Amended by Presidential Decree No. 16489, Jul. 29, 1999>

[This Article Newly Inserted by Presidential Decree No. 14334, Jul. 20, 1994]

Article 34(Special Cases for Fire-Fighting Facility Application) #

(1) Among the special areas of the attached Table 1 with respect to the special areas prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs, the special case regarding the fire-fighting facilities as referred to in Articles 28 through 32 inclusive can be prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs. <Amended by Presidential Decree No. 14747, Aug. 10, 1995; Presidential Decree No. 16489, Jul. 29, 1999>

(2) Under Article 69 (2) of the Act, the chief of fire station may order the installation of outdoor fire hydrant equipment, connecting water pipe equipment, connecting sprinkler equipment, or foam trailer with respect to the fire fighting properties within the fire precaution zone.

(3) In case of those fire fighting properties, where fire fighting facilities shall be installed under Article 28 (2) through (6) inclusive and Articles 29 through 32 inclusive, having the main structural parts and finishing materials installed with incombustible materials and falling under any of the following subparagraphs, the said fire fighting facilities do not have to be installed: <Amended by Presidential Decree No. 14334, Jul. 20, 1994>

1. A water purification plant or others used in a similar purpose as this;

2. Work areas of pulp factories, washing or electricity charging work areas of beverage factories, or others used in a similar purpose as this; and

3. Processing factories-machine assembly factories-foundry factories of building stones-incombustible metals-incombustible building materials, etc., or storages not storing or handling combustible materials (except hazardous materials less than the designated quantity or the hazardous materials being stored or handled in manufacturer, etc. permitted under Article 16 of the Act).

(4) In a case where water spraying equipments, etc. are installed as referred to in gas related Acts and subordinate statutes to the gas facilities and connecting water holes for fire engine use are attached to this equipments, the chief of fire station may order not to install the connecting sprinkler equipments. <Amended by Presidential Decree No. 14334, Jul. 20, 1994>

(5) Among the objects of fire fighting not falling under paragraphs (1) through (3), in the case the chief of fire station determines the situation of its location, structure and equipment warrants the danger of the eruption and burning of fire remarkably low even though the fire fighting facilities are not installed or the damage due to fire can be minimized due to fire, he may not apply either entire or the part of the provisions of Section 2 of Chapter Ⅳ.

Article 37(Standards for Registration) #

(1) The standards for registering the fire-fighting facility construction under Article 53 of the Act for technology capability, capital funds (referring to the evaluated asset amount in the case of individuals; here-inafter the same shall apply), facilities and equipment are the same as in the attached Table 5. <Amended by Presidential Decree No. 15485, Sep. 27, 1997; Presidential Decree No. 16489, Jul. 29, 1999>

(2) The capital funds as referred to in paragraph (1) shall each be separate capital funds according to the types of businesses and the types of the juristic persons as referred to in the Act or other Acts and subordinate statutes, and the evaluated amount of assets shall be the appraised and evaluated amount as referred to in the Public Notice of Values and Appraisal of Lands, etc. Act.

(3) The Mayor/Do governor, if he deems it necessary, may order a company appraisal to be conducted by a company appraising agency with respect to its capital funds.

Article 38 #

Deleted. <by Presidential Decree No. 16489, Jul. 29, 1999>

Article 39 #

Deleted. <by Presidential Decree No. 16489, Jul. 29, 1999>

Article 40(Rescission of Contract for Work) #

(1) For the purpose of the provision of the preceding paragraph of Article 61 (1) of the Act, the term “grounds prescribed by the Presidential Decree” means those fire fighting system construction businesses that temporarily

close or close business or discontinue the fire-fighting facility construction for not less than thirty days without due cause. <Amended by Presidential Decree No. 15485, Sep. 27, 1997>

(2) The employer of the contractor of the fire-fighting facility construction may, under the provisions of the latter part of Article 61 (1) of the Act, rescind the contract for work within 30 days after the receiving of notification by the fire-fighting facility construction businessman whose registration is cancelled or business is suspended or of the fact that grounds as referred to in paragraph (1) are created, or after the day this fact is known. <Amended by Presidential Decree No. 15485, Sep. 27, 1997; Presidential Decree No. 16489, Jul. 29, 1999>

(3) The fire-fighting facility construction businessman whose contract has been rescinded, shall transfer matters on the progress of construction, relevant blueprints, etc. to a new contractor of the fire-fighting facility construction. <Newly Inserted by Presidential Decree No. 15485, Sep. 27, 1997>

[This Article Wholly Amended by Presidential Decree No. 14334, Jul. 20, 1994]

Article 40-2(Fire-Fighting Construction Superintendence Objects) #

(1) For the purpose of the provisions of the main text of Article 61-2 (1) of the Act, the term “special areas of not less than the size as prescribed by the Presidential Decree” means the special areas having a total floor area of not less than 1,000 square meters (total floor area of 2,000 square meters for religious facilities) that shall obtain a permit and consent of approval for use under Article 4 (1): Provided, That special areas equipped only with respective fire-fighting facilities falling under Article 24 (1) 1 and (2) 1 through 3, 5 and 6, and (3), apartments (limited to apartments of not more than ten stories), schools, public work facilities (limited to the government buildings of the State or local government), freezing storages, animal and plant related facilities, sanitation, etc. related facilities, correctional facilities, among special areas as shown in the attached Table 1, and the special areas falling under the special cases of the application of fire-fighting facilities under Article 34 (1) and (3) through (5) inclusive (except in the case of applying the special cases with respect to parts of the fire-fighting facilities) are excluded from the objects for the fire-fighting construction superintendence. <Amended by Presidential Decree No. 14747, Aug. 10, 1995; Presidential Decree No. 15485, Sep. 27, 1997; Presidential Decree No. 16489, Jul. 29, 1999>

(2) Under the proviso clause of Article 61-2 (1) of the Act, the State, local government, government-invested institution by Framework Act on the Management of Government-Invested Institutions, local governmentinvested public corporation or local government public corporation by Local Public Enterprises Act may designate a construction superintendent among public officials under his jurisdiction or workers who are persons having fire-fighting equipment engineer or professional engineer of fire-fighting equipment qualification. In this case, agreement with the chief of fire station shall be made in advance. <Newly Inserted by Presidential Decree No. 14747, Aug. 10, 1995; Presidential Decree No. 16489, Jul. 29, 1999>

(3) Where the owner of a building in the special areas which are not subject to fire-fighting facility construction supervision under the proviso of paragraph (1) designates a fire-fighting facility construction supervise businessman to supervise the construction work, the special areas shall be deemed subject to the fire-fighting facility construction supervision. <Newly Inserted by Presidential Decree No. 16489, Jul. 29, 1999>

[This Article Newly Inserted by Presidential Decree No. 14334, Jul. 20, 1994]

Article 40-3(Objects Applicable to Replacement of Completion of Construction Inspection of Fire-Fighting Facilities with Fire-Fighting Construction Superintendence Report) #

(1) For the purpose of the provisions of the proviso of Article 62 (2) of the Act, the term “special places prescribed by the Presidential Decree” means the special places that are subject to the fire-fighting construction superintendence under Article 40-2: Provided, That the special places over which the affiliated public officials or workers are designated as construction superintendents under Article 40-2 (2) shall be excluded. <Amended by Presidential Decree No. 14747, Aug. 10, 1995; Presidential Decree No. 15485, Sep. 27, 1997>

(2) For the purpose of the provisions of the proviso of Article 62 (2) of the Act, the term “those of the special places determined by the Presidential Decree” means the special places where there exist the juvenile facilities, facilities for the young and old or the multi-usage business places with the installation of indoor fire hydrants or sprinkler equipments. <Newly Inserted by Presidential Decree No. 17154, Mar. 20, 2001>

[This Article Newly Inserted by Presidential Decree No. 14334, Jul. 20, 1994]

Article 40-4(Period and Method of Repairs of Defects in Fire-Fighting Facility Construction) #

(1) The period of repairs of defects as referred to in Article 61-3 (1) of the Act shall be as the following subparagraphs: Provided, That in case of apartment house, it is prescribed by the Decree on the Management of Apartment Houses:

1. Guiding lights, guide signs, emergency lights, emergency broadcasting equipment and wireless communications aid equipment: One year; and

2. Automatic fire extinguishers, indoor fire hydrant equipment, sprinkler equipment, water spraying fire-extinguishing equipment, out-door fire hydrant equipment, automatic fire-detecting equipment, fire-extinguishing water equipment, fire-extinguishing activity equipment (excluding wireless communications aid equipment): Two years.

(2) In case where a fire-fighting facility construction businessman does not execute the repairs of defects or a person concerned of the special place deems the defect repair plan to be unreasonable and that the special area has a total floor area of not less than 100,000 square meters (excluding apartments), this shall be notified to the Minister of Government Administration and Home Affairs, and in the case of the total floor area being less than 100,000 square meters or the object for repairs of defects is an apartment, to the chief of fire station by the persons concerned. <Amended by Presidential Decree No. 16489, Jul. 29, 1999>

(3) The Minister of Government Administration and Home Affairs, receiving the notification under paragraph (2), shall request deliberation to the Central Fire-Fighting Safety Technical Commission and the chief of fire station shall request deliberation to the Local Fire-Fighting Safety Technical Commission with regard to the defect condition prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs. <Amended by Presidential Decree No. 16489, Jul. 29, 1999>

(4) In a case where the Minister of Government Administration and Home Affairs or the chief of fire station receives the notification of the deliberation results as referred to in paragraph (3), the results shall be notified to the persons concerned of the special areas or the fire-fighting facility construction businessman within ten days. In a case where the deliberation results proves the pending work to be defective, a period necessary for the repairs of defects shall be determined and orders for repairs of defects shall be given to the fire-fighting facility construction businessman. <Amended by Presidential Decree No. 16489, Jul. 29, 1999>

(5) In a case where the persons concerned of the special areas or the fire-fighting facility construction businessman receiving notification of

the deliberation results or receiving defect repair orders by the chief of relevant fire station under paragraph (4) deems the deliberation results or the defect repair orders as unreasonable, he may request a redeliberation with respect to the defect conditions to the Minister of Government Administration and Home Affairs. <Amended by Presidential Decree No. 16489, Jul. 29, 1999>

(6) The Minister of Government Administration and Home Affairs receiving the request for a redeliberation under paragraph (5) shall request a deliberation with respect to the defect conditions to the Central Fire-Fighting Safety Technical Commission and according to the decision rendered by the commission, shall have the chief of fire station under paragraph (4) notify the redeliberation results and have him order the repairs of defects. <Amended by Presidential Decree No. 16489, Jul. 29, 1999>

[This Article Newly Inserted by Presidential Decree No. 14747, Aug. 10, 1995]

Article 40-5(Guarantee of Repairs of Defects) #

(1) The construction of the fire-fighting facility the repairs of whose defects shall be guaranteed under Article 61-3 (2) of the Act shall be the construction of the fire-fighting facility that requires a new construction report under Article 62 (2) of the Act: Provided, That this shall exclude any fire-fighting facility construction of not more than five million won in the contract amount (meaning the total contract amount in case where the same fire-fighting facility construction businessman executies a fire-fighting facility construction within the same district through conclusion of not less than two contracts).

(2) The fire-fighting facility construction businessman that shall guarantee repairs of defects under paragraph (1) shall deposit the guarantee certificate falling under any of the following subparagraphs to the persons concerned of the special places (meaning the employer of the contractor in case where the builder of the building construction signs the contract for work with respect to the fire-fighting facility of the said special places; hereafter in this Article the same shall apply): <Amended by Presidential Decree No. 15485, Sep. 27, 1997; Presidential Decree No. 15581, Dec. 31, 1997; Presidential Decree No. 16489, Jul. 29, 1999; Presidential Decree No. 17791, Dec. 5, 2002>

1. The payment guarantee certificates issued by the Korea Development Bank, the ExportImport Bank of Korea, the Korea Long-Term Credit Bank established under the Long-Term Credit Bank Act, or other financial institutions under Article 2 of the Banking Act;

2. Securities under the provisions of Article 84-16 (2) of the Enforcement Decree of the Securities and Exchange Act;

3. Insurance guarantee policies issued by insurance business proprietors under the Insurance Business Act;

4. The guarantee certificates guaranteeing the payment of a credit guarantee fund as referred to in the Credit Guarantee Fund Act, a technology credit guarantee fund as referred to in the Korea Technology Credit Guarantee Fund Act, or debt payment issued by the Engineering Mutual Benefit Society as referred to in Engineering the Technology Promotion Act;

5. Time deposit certificates issued by the banks and financial institutions as referred to in subparagraph 1 or postal service organization;

6. Profit securities issued by trust companies under the Trust Business Act;

7. Profit securities issued by the trust companies under the Securities Investment Trust Business Act;

8. Guarantee certificates for repair of defects issued by a construction-related mutual-aid association under the Framework Act on the Construction Industry;

9. Guarantee certificates for repair of defects issued by an electrical construction mutual aid association under the Electrical Construction Mutual Aid Association Act;

10. Guarantee certificates for repair of defects issued by an information and communication mutual-aid association under the Information and Communication Work Business Act; and

11. Guarantee certificates for repair of defects issued by a housing project mutual-aid association under the Housing Construction Promotion Act.

(3) The defect repair guaranteed amount as referred to in paragraph (2) shall be 5/100 of the guaranteed amount in a case where the fire-fighting facility concerned is the alarm system, and 3/100 of the guaranteed amount in the case where it is any other system: Provided, That in case other Acts and subordinate statutes prescribe differently with regard to the defect repair guaranteed amount, the other Acts and subordinate statutes shall prevail.

(4) Deleted. <by Presidential Decree No. 15485, Sep. 27, 1997>

(5) The guarantee certificate, etc. of the repairs of defects with regard to the fire-fighting facilities of the apartment notwithstanding the provisions of paragraph (2) shall be deposited with the employer of the contractor (the chief of fire station in case where the employer of the contractor and the fire-fighting facility construction businessman are the same) of the said fire-fighting facilities, and in case where it is deposited with the chief of fire station when a tenant representative committee is organized, the chief of fire station shall transfer without delay the guarantee certificate, etc. to the tenant representative committee. <Amended by Presidential Decree No. 15485, Sep. 27, 1997>

(6) In a case where the fire-fighting facility construction businessman does not execute the defect repair order as referred to in the latter part of Article 40-4 (4) or in the provision of paragraph (6) of the same Article, the persons concerned of the special areas or the tenant representative committee holding the guarantee money, etc. under the provisions of paragraphs (2) and (5) shall take the necessary measures according to the types of guarantee certificates for repair of defects, etc. as prescribed by the Ministry of Government Administration and Home Affairs. <Amended by Presidential Decree No. 15485, Sep. 27, 1997; Presidential Decree No. 16489, Jul. 29, 1999>

[This Article Newly Inserted by Presidential Decree No. 14747, Aug. 10, 1995]

Article 40-6(Completion of Repairs of Defects) #

(1) The fire-fighting facility construction businessman shall notify the persons concerned of the special areas, of the scheduled completion date of the defect repair period prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs thirty days prior to the expiration of the defect repair period as referred to in Article 40-4 (1). <Amended by Presidential Decree No. 16489, Jul. 29, 1999>

(2) The defect repair period ends with the expiration of the period as referred to in Article 40-4 (1): Provided, That in case where the repairs of defects are in progress, it ends at the time of the completion of the said repairs of defects.

[This Article Newly Inserted by Presidential Decree No. 14747, Aug. 10, 1995]

Article 41(New Construction Management of Fire-Fighting Facility Construction) #

The types and range of the fire-fighting facility construction that shall be constructed under the responsibility of the fire-fighting facility engineer under the provisions of Article 63 (2) of the Act are the same as in the attached Table 6.

Article 41-2(Objects for Registration of Fire-Fighting Facility Designing and Fire-Fighting Construction Superintendence Business) #

For the purpose of Article 65-2 (1) 1 and 2 of the Act, the term “special areas of not less than the size prescribed by the Presidential Decree” means the special areas as referred to in Article 40-2.

[This Article Newly Inserted by Presidential Decree No. 14334, Jul. 20, 1994]

Article 41-3(Types, etc. of Fire-Fighting Facility Designing Business and Fire-Fighting Construction Superintendence Business) #

The types, registration standards and business operation range of the fire-fighting facility designing business and fire-fighting construction superintendence business as referred to in Article 65-2 (2) of the Act shall be the same as in the attached Table 7.

[This Article Newly Inserted by Presidential Decree No. 14334, Jul. 20, 1994]

Article 41-4(Types and Method of Fire-Fighting Construction Superintendence) #

(1) The types and method of the fire-fighting construction superintendence as referred to in Article 65-4 (3) of the Act shall be the same as in the attached Table 8. <Amended by Presidential Decree No. 16489, Jul. 29, 1999>

(2) and (3) Deleted. <by Presidential Decree No. 16489, Jul. 29, 1999>

Article 41-5(Organization of Fire-Fighting Safety Technical Commission) #

(1) The organization of the Central Fire-Fighting Safety Technical Commission as referred to in Article 65-11 of the Act shall be composed of thirteen commissioners including the chairman, and the Local Fire-Fighting Safety Technical Commission shall be composed of between not less than five and not more than nine commissioners including the chairman. <Amended by Presidential Decree No. 16489, Jul. 29, 1999>

(2) The Central Fire-Fighting Safety Technical Commission can organize and operate subcommissions by different fields.

(3) Among the commissioners of the Central Fire-Fighting Safety Technical Commission and the Local Fire-Fighting Safety Technical Commission (hereinafter referred to as “Fire-Fighting Safety Technical Commission”), the term of the commissioners who are not public officials shall be two years: Provided, That the term of a commissioner filling a vacancy shall be the remaining period of his predecessor. <Amended by Presidential Decree No. 15485, Sep. 27, 1997>

[This Article Newly Inserted by Presidential Decree No. 14747, Aug. 10, 1995]

Article 41-6(Appointment or Commission of Commissioners) #

(1) The commissioners of the Central Fire-Fighting Safety Technical Commission shall have one person from among the fire-fighting public officials under the jurisdiction of the Ministry of Government Administration and Home Affairs and among persons falling under any of the following subparagraphs appointed or commissioned by the Minister of Government Administration and Home Affairs: <Amended by Presidential Decree No. 16489, Jul. 29, 1999>

1. Persons having a masters degree or above in a fire-fighting related degree;

2. A professional fire-fighting equipment engineer or a fire-fighting facility manager;

3. Persons having worked for not less than five years in fire-fighting related work at a fire-fighting related company, juristic person, or organization; and

4. Persons having not less than five years of work experience teaching or researching in fire-fighting public officials educational institutions, or in educational institutions same or above the technical college level (limited to fire-fighting related departments), or in fire-fighting related research institutions.

(2) The commissioners of the Local Fire-Fighting Safety Technical Commission shall have one person from among the fire-fighting public officials under the jurisdiction of the said City/Do and among persons falling under any of the subparagraphs of preceding paragraph (1) appointed or commissioned by the Mayor/Do governor.

(3) The chairperson of the Central Fire-Fighting Safety Technical Commission shall be commissioned from among the commissioners by the Minister of Government Administration and Home Affairs, and the chairperson of the Local Fire-Fighting Safety Technical Commission shall be commissioned from the commissioners of the Commission by the Mayor/ Do governor. <Amended by Presidential Decree No. 16489, Jul. 29, 1999>

[This Article Newly Inserted by Presidential Decree No. 14747, Aug. 10, 1995]

Article 41-7(Official Duties of Chairman and Commissioners) #

(1) The chairman of the Fire-Fighting Safety Technical Commission shall convene meetings of the Fire-Fighting Safety Technical Commission and preside over such meetings.

(2) Where the chairman is unable to perform his duties, a commissioner designated in advance by the chairman shall act on behalf of the chairman.

<Amended by Presidential Decree No. 16489, Jul. 29, 1999>

[This Article Newly Inserted by Presidential Decree No. 14747, Aug. 10, 1995]

Article 41-8(Investigation, etc. of Commission) #

(1) In a case where it is necessary for the purpose of executing work such as deliberating with respect to the defect conditions, etc., the Fire-fighting Safety Technical Commission may call the presence of the persons concerned, relevant witnesses, or appraiser to give statements or expert testimony or request the submission of necessary documents or materials, or may have the commissioners of the Fire-Fighting Safety Technical Commission enter the area concerned to investigate or inspect the materials or documents.

(2) The chief of fire station shall cooperate in the execution of necessary investigations or the inspection of documents of the Fire-Fighting Safety Technical Commission.

[This Article Newly Inserted by Presidential Decree No. 14747, Aug. 10, 1995]

Article 41-9(Allowance for Commissioners) #

An investigation research allowance may be payed to the commissioners of the Fire-Fighting Safety Technical Commission within the range of the budget.

[This Article Newly Inserted by Presidential Decree No. 14747, Aug. 10, 1995]

Article 41-10(Enactment of Operation Rules) #

(1) The Central Fire-Fighting Safety Technical Commission may enact the processing procedures, deliberation standards of the relevant works of the Fire-Fighting Safety Technical Commission and other necessary matters for the operation of the commission pertaining to the operation rules.

(2) In the enactment of the operation rules as referred to in paragraph (1), the Central Fire-Fighting Safety Technical Commission shall have an approval from the Minister of Government Administration and Home Affairs in advance. The same shall also apply in a case where there is an alteration to this. <Amended by Presidential Decree No. 16489, Jul. 29, 1999>

[This Article Newly Inserted by Presidential Decree No. 14747, Aug. 10, 1995]

Article 41-11(Objects of Deliberation) #

(1) For the purpose of Article 65-11 (1) 1 and 3 of the Act, the term “not less than the size prescribed by the Presidential Decree” means not less than 100,000 square meters, and for the purpose of Article 65-11 (2) 1 and 2 of the Act, the term “less than the size prescribed by the Presidential Decree” means less than 100,000 square meters.

(2) The term “other matters prescribed by the Presidential Decree” in subparagraph 4 of Article 65-11 (2) of the Act means the matters on which the head of fire headquarters or the chief of fire station asks for technical reviews in relation to the application of the standards for fire-fighting facilities or the facility standards for hazardous materials manufacturing factories. <Newly Inserted by Presidential Decree No. 16489, Jul. 29, 1999>

[This Article Newly Inserted by Presidential Decree No. 14747, Aug. 10, 1995]

Article 42(Designation of Fire Precaution Zones) #

The Mayor/Do governor, under Article 69 (1) of the Act, may designate areas falling under any of the following subparagraphs as a fire precaution zone:

1. Market areas;

2. Factory or storage massed areas;

3. Wooden building massed areas;

4. Fire-fighting water supply, fire-fighting facility, or fire-fighting passageway insufficiently equipped areas;

5. Hazardous materials storage and handling facilities massed areas; and

6. Areas with factories producing petrochemical products.

Article 43 #

Deleted. <by Presidential Decree No. 16489, Jul. 29, 1999>

Article 44 #

Deleted. <by Presidential Decree No. 16489, Jul. 29, 1999>

Article 45 #

Deleted. <by Presidential Decree No. 16489, Jul. 29, 1999>

Article 46 #

Deleted. <by Presidential Decree No. 16489, Jul. 29, 1999>

Article 47 #

Deleted. <by Presidential Decree No. 16489, Jul. 29, 1999>

Article 48 #

Deleted. <by Presidential Decree No. 16489, Jul. 29, 1999>

Article 49(Organization and Operation, etc., of First Aid and Rescue Units) #

(1) Matters pertaining to the organization and operation of first aid and rescue units as referred to in Articles 93 (5) and 94 (3) of the Act shall be determined by the Ordinance of the Ministry of Government Administration and Home Affairs depending on the size of population, types of the object of fire fighting, outbreaks of fire and special characteristics of the area: Provided, That the matters relating to Emergency Medical Treatment Act may be determined by the Ordinance of the Ministry of Government Administration and Home Affairs after consultation with the Minister of Health and Welfare. <Amended by Presidential Decree No. 14334, Jul. 20, 1994; Presidential Decree No. 14446, Dec. 23, 1994; Presidential Decree No. 15485, Sep. 27, 1997; Presidential Decree No. 16489, Jul. 29, 1999>

(2) The first aid unit member shall be appointed from among the fire-fighting public officials falling under any of the following subparagraphs: <Amended by Presidential Decree No. 14334, Jul. 20, 1994; Presidential Decree No. 15485, Sep. 27, 1997; Presidential Decree No. 16489, Jul. 29, 1999>

1. Persons who have received education pertaining to the first aid business prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs;

2. Medical persons as referred to in Article 2 (1) of the Medical Service Act;

3. Persons approved of the qualifications of a nursing aides under Article 58 (1) of the Medical Service Act; and

4. Persons approved of the qualifications of an emergency rescue worker under Article 15 of Emergency Medical Treatment Act.

(3) The rescue unit member shall be appointed from among the fire-fighting public officials falling under any of the following subparagraphs: <Newly Inserted by Presidential Decree No. 15485, Sep. 27, 1997; Presidential Decree No. 16489, Jul. 29, 1999>

1. Persons who have received education pertaining to the rescue business as determined by the Ordinance of the Ministry of Government Administration and Home Affairs;

2. Persons who hold certificates of qualifications related to life salvage; and

3. Persons who have service experience of two years or more in a rescue-related field at the State, local government, public institution, or other similar institutions.

Article 50(Assistance by Medical Service Facilities) #

Matters pertaining to the assistance of the medical service facilities necessary to the execution of the first aid business as referred to in Article 93 (2) of the Act shall be determined in consultation between the Minister of Government Administration and Home Affairs and the Minister of Health and Welfare. <Amended by Presidential Decree No. 14446, Dec. 23, 1994; Presidential Decree No. 16489, Jul. 29, 1999>

Article 50-2(Permanent Station, etc. of First Aid Units) #

Where the chief of fire headquarters or the chief of fire station deems it necessary, he may station permanently a part of the first aid units on areas such as the national expressways where emergency patients are very likely to be reported.

[This Article Wholly Amended by Presidential Decree No. 15485, Sep. 27, 1997]

Article 51 #

Deleted. <by Presidential Decree No. 15485, Sep. 27, 1997>

Article 52(Objects for and Standard Amount of National Treasury Assistance) #

(1) Objects for national treasury assistance as referred to in Article 96 of the Act are as follows: <Amended by Presidential Decree No. 15485, Sep. 27, 1997>

1. The following fire-fighting activity equipment and facility:

(a) Fire-fighting vehicles;

(b) Fire-fighting helicopters and fire-fighting boats; and

(c) Communications equipment and computer system for fire fighting only;

2. Fire-fighting government office buildings.

(2) The national treasury assistance standard amount according to size and types of fire-fighting activity equipment and facility of paragraph (1) shall be prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs. <Amended by Presidential Decree No. 15485, Sep. 27, 1997; Presidential Decree No. 16489, Jul. 29, 1999>

(3) The national treasury assistance shall be not less than 1/3 of the standard amount of paragraph (2) within the range of the budget.

Article 53(Application for Subsidies) #

In a case where the Mayor/Do governor desires to receive national treasury assistance with respect to the cost necessary for the purchase or installation of the fire-fighting activity equipment, tools and equipment in the Special Metropolitan City, Metropolitan Cities or Dos (hereinafter referred to as the “City/ Do”), an assistance fund distribution application shall be made to the Minister of Government Administration and Home Affairs under the conditions as prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs. <Amended by Presidential Decree No. 16489, Jul. 29, 1999>

Article 54(Cancellation or Suspension, etc. of Subsidies) #

(1) After the Minister of Government Administration and Home Affairs distributes the assistance to the Si/ Do, in a case where the grounds falling under any of the following subparagraphs have arisen, he may order the cancellation, suspension or the repayment of the whole or partial amount of the assistance: <Amended by Presidential Decree No. 16489, Jul. 29, 1999>

1. In a case where the fire-fighting activity equipment and tools and systems have not been entirely or partially purchased or installed without due cause; and

2. In a case where the assistance has been used for other purposes or used in violation of the assistance conditions.

(2) In a case where the Minister of Government Administration and Home Affairs desires to cancel, suspend the distribution of the assistance or receive repayment of the distributed assistance under paragraph (1), he shall give the Mayor/Do governor the opportunity to submit a statement of opinion or material establishing a prima facie case. <Amended by Presidential Decree No. 16489, Jul. 29, 1999>

Article 55(Supervision) #

The Minister of Government Administration and Home Affairs can order the submission of a report to the City/Do that received the assistance or have the relevant public officials under his jurisdiction inspect the fund assisted fire-fighting activity equipment, tools and equipments. <Amended by Presidential Decree No. 16489, Jul. 29, 1999>

Article 56 #

Deleted. <by Presidential Decree No. 15485, Sep. 27, 1997>

Article 57(Articles of Association) #

Matters to be entered in the articles of association of the National Fire-Fighting Association (hereinafter referred to as the “Association”) under Article 100 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 16489, Jul. 29, 1999>

1. Purpose;

2. Name;

3. Location of office;

4. Matters related to business;

5. Matters related to the acquisition or loss of membership;

6. Matters related to membership fee;

7. Matters related to assets and accounting;

8. Matters related to the number of executives, the terms of office of the executives and methods of appointing them;

9. Matters related to the organization and structure;

10. Matters related to the general meeting and the board of directors; and

11. Matters related to the alteration of the Articles of incorporation.

Article 58(Establishment Registration Matters) #

The establishment registration matters of the Association as referred to in Article 100 (1) are as follows:

1. Purpose;

2. Name;

3. Location of Office;

4. Date of establishment approval;

5. Name and address of staff officers; and

6. Total amount of assets.

Article 59 #

Deleted. <by Presidential Decree No. 16489, Jul. 29, 1999>

Article 60(Supervision, etc.) #

(1) The Minister of Government Administration and Home Affairs shall supervise the Association under Article 100 (1) of the Act. <Amended by Presidential Decree No. 16489, Jul. 29, 1999>

(2) The Association shall report the following matters to the Minister of Government Administration and Home Affairs under the conditions as prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs: <Amended by Presidential Decree No. 16489, Jul. 29, 1999>

1. The main decision matters of the general meeting and the board of directors;

2. Matters related to the status of members; and

3. Other important matters related to the Association and its members.

(3) The business plan and budget of the Association shall be approved by the Minister of Government Administration and Home Affairs under the conditions as prescribed by the Articles of association. <Amended by Presidential Decree No. 16489, Jul. 29, 1999>

Article 61(Education for Fire-Fighting Facility Managers and Fire-Fighting Equipment Technicians) #

For the purpose of Article 105 (1) of the Act, the term “other persons prescribed by the Presidential Decree” means the following persons: <Amended by Presidential Decree No. 14334, Jul. 20, 1994; Presidential Decree No. 15485, Sep. 27, 1997; Presidential Decree No. 16489, Jul. 29, 1999; Presidential Decree No. 17154, Mar. 20, 2001>

1. Persons in charge of the safety performance test at a hazardous ma-terials tank safety performance testing business company as referred to in Article 18 of the Act;

2. Fire-fighting facility managers and check-up assistants as referred to in Article 33 (2) 2 of the Act;

3. Technical workers, as shown in the attached Table 5, who are en-gaged in fire-fighting systems installation businesses as referred to in Article 52 of the Act;

4. Fire-fighting equipment professional engineers, fire-fighting equipment technicians, fire-fighting equipment industry technicians, architects, construction machinery equipment professional engineers, air conditioning and freezing machinery professional engineers, construction electrical equipment professional engineers, who are work-ing in the fire-fighting facilities designing business or fire-fighting construction superintendence business as referred to in Article 65-2 (1) of the Act or assistant technical laborers as referred to in the pro-visions of the attached Table 7. In such case the architects, construc-tion machinery equipment professional engineers, cooperative freezing machinery professional engineers and construction electrical equipment professional engineers are limited to the persons registered as the main technical workers of the third class fire-fighting facilities designing business or the fire-fighting construction superintendence business of the attached Table 7; and

5. Drivers in charge of the affairs to transfer the hazardous materials by utilizing the tank truck storage facilities under subparagraph 6 of Article 16.

Article 62(Delegation of Authority) #

The Minister of Government Administration and Home Affairs shall delegate his authority referred to in Article 50 (5) of the Act to the Mayor/Do governor under Article 108 (2) of the Act. The Minister of Government Administration and Home Affairs also shall delegate his authority prescribed in Article 12 of the Act (limited to his authority on the fire-retardant performance test business of goods to be post-processed under the provisions of Article 11 (5)) to the chief of fire station and the Mayor/Do governor shall delegate his authority referred to in the provisions of Articles 16, 17, 19, 22, 24, 25 and subparagraph 2 of Article 106 of the Act to the chief of fire station. <Amended by Presidential Decree No. 16489, Jul. 29, 1999>

[This Article Wholly Amended by Presidential Decree No. 15598, Dec. 31, 1997]

Article 63(Commission of Business) #

(1) The Minister of Government Administration and Home Affairs shall commission the fire retardant performance test business referred to in Article 12 of the Act (excluding the fire retardant performance test busi-ness of goods to be post-processed under the provisions of Article 11 (5)) and the type approval, inspection and examination businesses of fire-fighting machinery and appliances, the alteration of the type approval and the performance test business referred to in Articles 50 (1) and (2), and 50-2 (1) of the Act to the Korea Fire Equipment Inspection Corporation under Article 108 (2) of the Act.

(2) The Minister of Government Administration and Home Affairs shall commission the performance test business referred to in Article 50-4 (1) of the Act to the Korea Fire Equipment Inspection Corporation and other performance test institutions designated by him pursuant to the provisions of Article 107-2 (1) of the Act under the provisions of Article 108 (2) of the Act.

(3) The Minister of Government Administration and Home Affairs shall commission the business of assessing construction capability and the public announcement of the results referred to in Article 59 of the Act and the business of giving training courses for fire-prevention managers referred to in Article 105 (1) of the Act to the Association under the provisions of Article 108 (2) of the Act.

(4) The Minister of Government Administration and Home Affairs shall commission the business of conducting in-service education for fire-prevention managers and the public announcement of the results referred to in Article 105 (1) to the Association and in-service education institutions designated by him pursuant to Article 107-2 (1) under the provisions of Article 108-2 of the Act.

[This Article Wholly Amended by Presidential Decree No. 16489, Jul. 29, 1999]

Article 64(Imposition of Fine for Negligence) #

(1) Where the Mayor/Do governor, the head of fire headquarters, or the chief of fire station (hereinafter referred to as “relevant government office” in this Article) levies a fine for negligence under Article 119 (2) and (6) of the Act, the facts of the violation, appeal method and appeal period shall be clearly expressed on the document after the investigation and confirmation of the said act of violation is done, and the payment of fine shall be made known to the person subject to the fine for negligence.

(2) In a case where the relevant government office desires to levy a fine for negligence under paragraph (1), it shall determine a period of not less than ten days to give to the person subject to the fine for negligence an opportunity to present an oral or written explanation. In such case, in a case where there is no explanation within the designated period, he shall be considered as having no opinion.

(3) In determining the monetary amount of the fine for negligence, the relevant government office shall consider the motive and the result of the said violation.

(4) The collection procedures of the fine for negligence shall be prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs. <Amended by Presidential Decree No. 16489, Jul. 29, 1999>

Article 65 #

Deleted. <by Presidential Decree No. 15485, Sep. 27, 1997>