ACT ON INSTALLATION AND MANAGEMENT OF FIREFIGHTING SYSTEMS

영문법령 불러오는 중…

ACT ON INSTALLATION AND MANAGEMENT OF FIREFIGHTING SYSTEMS — 법갈피

Article 6(Consent to Building Permission) #

(1) Where an administrative agency with the authority to grant permission for, or consult on, the new construction, extension, alteration, reconstruction, relocation, change of the use, or substantial repair, of a building, etc., or to give approval for the use of a building, etc. (including approval prescribed in Article 15 of the Housing Act and a pre-use inspection under Article 49 of that Act; and approval under Article 4 of the School Facilities Projects Promotion Act and approval for use under Article 13 of that Act; hereinafter referred to as "building permission, etc.") grants building permission, etc., it shall obtain prior consent from the head of a fire headquarters or chief of a fire station who has jurisdiction over the construction site or location of such building, etc.

(2) Where an administrative agency with the authority to accept a report of extension, alteration, reconstruction, change of the use, or substantial repair, of a building, etc., has accepted such report, it shall notify the head of a fire headquarters or chief of a fire station who has jurisdiction over the construction site or location of such building, etc. without delay.

(3) When obtaining prior consent pursuant to paragraph (1) or notifying the fact of accepting a report pursuant to paragraph (2), an administrative agency with the authority to grant building permission, etc. under paragraph (1) or administrative agency with the authority to accept a report under paragraph (2) shall submit drawings which show interior structures of a building from among drawings and specification which are submitted by a person who intends to obtain building permission, etc. or makes a report to the competent head of a fire headquarters or the competent chief of a fire station when such agency grants building permission, etc. or accepts a report: Provided, That this shall not apply where a building critical for national security or State secret is constructed and where the relevant administrative agency is unable to obtain drawings under the relevant statutes or regulations.

(4) Where the head of a fire headquarters or chief of a fire station is requested to give consent under paragraph (1), he or she shall review whether the relevant building, etc. complies with the following and shall notify the relevant administrative agency of whether he or she consents thereto within a period prescribed by Ordinance of the Ministry of the Interior and Safety:

1. This Act or an order issued under this Act;

2. Establishment of exclusive use areas for fire engines under Article 21-2 of the Framework Act on Firefighting Services.

(5) Where the head of a fire headquarters or the chief of a fire station notifies whether he or she consents to building permission, etc. pursuant to paragraph (4), he or she may attach review materials or written opinions on the following necessary to ensure the smooth progress of firefighting activities and the fire safety performance of the relevant building, etc.:

1. Evacuation facilities and fire compartments under Article 49 (1) and (2) of the Building Act;

2. Windows for firefighters to enter under Article 49 (3) of the Building Act;

3. Firewalls, finishing materials, etc. under Articles 50, 50-2, 51, 52, 52-2, and 53 of the Building Act (hereinafter referred to as "fire prevention facilities");

4. Other matters prescribed by Presidential Decree, such as the establishment of a passage to which fire engines are accessible.

(6) In giving consent to approval for use under paragraph (1), a certificate of completion inspection of firefighting system installation under Article 14 (3) of the Firefighting System Installation Business Act may be issued in lieu of such consent. In such cases, an administrative agency with the authority to grant building permission, etc. under paragraph (1) shall confirm a certificate of completion inspection of firefighting system installation.

(7) In granting building permission, etc. under paragraph (1), the scope of buildings, etc. which requires consent from the head of a fire headquarters or chief of a fire station shall be prescribed by Presidential Decree.

(8) Where any matters concerning the installation, management, etc. of firefighting systems are included in the system standards for authorization, permission, report, etc. (excluding building permission, etc. and a report under paragraph (2); hereafter in this paragraph referred to as "authorization, permission, etc.") under other statutes or regulations, the administrative agency with the authority to grant the relevant authorization, permission, etc. may request the head of a fire headquarters or chief of a fire station having jurisdiction over the location of the system to ascertain whether the system complies with this Act or an order issued under this Act. In such cases, the head of a fire headquarters or chief of a fire station so requested shall notify the results of the ascertainment within a period prescribed by Ordinance of the Ministry of the Interior and Safety.

Article 8(Performance-Oriented Design) #

(1) A person who intends to install firefighting systems in a specific object of fire service (only applicable to a new construction) prescribed by Presidential Decree with the total floor area, height, number of floors, etc. of a certain size or bigger shall create a performance-oriented design.

(2) Where a person who intends to install firefighting systems pursuant to paragraph (1) has created a performance-oriented design, he or she shall file a report with the chief of a fire station having jurisdiction over the construction site or location of the relevant specific object of fire service before applying for building permission under Article 11 of the Building Act. The same shall also apply where it is intended to modify a performance-oriented design reported due to reasons prescribed by Ordinance of the Ministry of the Interior and Safety, such as a change of the total floor area, height, and number of floors, of the relevant specific object of fire service.

(3) Upon receipt of a report or report on modification prescribed in paragraph (2), the chief of a fire station shall review the details thereof and accept such report if it complies with this Act.

(4) Where a person intends to file a report on performance-oriented design or a report on modification thereof pursuant to paragraph (2) and if the relevant specific object of fire service is a building required to undergo a deliberation by a building committee under Article 4-2 of the Building Act, a prior examination shall be conducted on the basic drawings and specifications for the performance-oriented design, by the chief of a fire station having jurisdiction of the construction site or location of the relevant specific object of fire service before such person applies for the deliberation.

(5) Where the chief of a fire station receives a report on performance-oriented design, a report on modification, or an application for prior examination pursuant to paragraph (2) or (4), he or she shall authorize a performance-oriented design evaluation group formed under the National Fire Agency or the competent fire headquarters pursuant to Article 9 (1) to review or evaluate such report or application: Provided, That where advanced technology is required for the review and evaluation of new technology, new construction methods, etc., the chief of a fire station may request the Central Firefighting Technology Deliberative Committee under Article 18 (1) to deliberate thereon.

(6) Where it is deemed necessary to modify or supplement a performance-oriented design as a result of the review and evaluation conducted pursuant to paragraph (5), the chief of a fire station may request a person who has created the performance-oriented design to modify or supplement it, and the person so requested shall comply with such request unless there is good cause.

(7) Except as provided in paragraphs (2) through (6), matters necessary for the procedures and methods, etc. for a report on performance-oriented design, a report on modification, and a prior examination, and the standards for performance-oriented design shall be prescribed by Ordinance of the Ministry of the Interior and Safety.

Article 12(Management of Firefighting Systems Installed in Specific Objects of Fire Service) #

(1) An interested party of a specific object of fire service shall install and manage firefighting systems prescribed by Presidential Decree in accordance with the fire safety standards. In such cases, firefighting systems (referring to alarm systems and evacuation and rescue equipment) used by persons with disabilities, etc. defined in subparagraph 1 of Article 2 of the Act on the Guarantee of Convenience Promotion of Persons with Disabilities, Senior Citizens, Pregnant Women and Nursing Mothers shall be installed and managed in a manner suitable for persons with disabilities, etc., as prescribed by Presidential Decree.

(2) Where firefighting systems under paragraph (1) fail to be installed or managed in accordance with the fire safety standards, the head of a fire headquarters or chief of a fire station may order an interested party of the relevant specific object of fire service to take necessary measures.

(3) In installing and managing firefighting systems pursuant to paragraph (1), an interested party of a specific object of fire service shall not conduct an act that may cause any trouble in function and performance of the firefighting systems in case of fire, such as closure (including locking; hereinafter the same shall apply) or blocking: Provided, That if necessary for inspection or maintenance of firefighting systems, closure or blocking is permitted.

(4) Where an interested person of a specific object of fire service closes or shuts down a fire-fighting system for inspection and maintenance thereof pursuant to the proviso of paragraph (3), the Commissioner of the National Fire Agency shall prepare and publicly notify guidelines on behavioral know-how necessary to ensure safety. <Newly Inserted on Jan. 3, 2023>

(5) The Commissioner of the National Fire Agency, the head of a fire headquarters, or the chief of a fire station may build and operate a system that can collect and analyze real-time working information, etc. on firefighting systems under paragraph (1) (hereinafter referred to as "firefighting system information management system"). <Amended on Jan. 3, 2023>

(6) The Commissioner of the National Fire Agency, the head of a fire headquarters, or the chief of a fire station shall notify the interested party of the relevant specific object of fire service of the working information referred to in paragraph (5). <Amended on Jan. 3, 2023>

(7) Objects for which a firefighting system information management system is required to be built and operated shall be prescribed by Presidential Decree in consideration of vulnerabilities, etc. of firefighting safety control among the objects subject to fire safety control under the former part of Article 24 (1) of the Act on Fire Prevention and Safety Control; and other matters necessary for the methods of operation, the procedures for notification, etc. shall be prescribed by Ordinance of the Interior and Safety. <Amended on Jan. 3, 2023>

Article 13(Special Exceptions to Firefighting System Standards) #

(1) Where the fire safety standards are tightened due to an amendment to the Presidential Decree or the fire safety standards under the former part of Article 12 (1), the head of a fire headquarters or chief of a fire station shall apply the previous Presidential Decree or the previous fire safety standards to firefighting systems of existing specific objects of fire service (including specific objects of fire service under new construction, alteration, reconstruction, relocation, or substantial repair): Provided, That with respect to any of the following firefighting systems, the standards tightened due to an amendment to the Presidential Decree or the fire safety standards may apply:

1. The following firefighting systems prescribed by Presidential Decree or the fire safety standards:

(a) Fire extinguishing apparatus;

(b) Emergency alarm systems;

(d) Automatic fire signaling systems;

(e) Evacuation and rescue equipment;

2. Any of the following firefighting systems installed in the following specific objects of fire service prescribed by Presidential Decree or the fire safety standards:

(a) Utility tunnels defined in subparagraph 9 of Article 2 of the National Land Planning and Utilization Act;

(b) Underground cable tunnels for electricity and telecommunications business;

(d) Medical facilities.

(2) In cases of water spray fire extinguishing equipment, simple sprinkler systems, emergency alarm systems, and emergency broadcasting systems, etc., the function and performance of which are similar, among the firefighting systems which shall be installed in a specific object of fire service, the head of a fire headquarters or chief of a fire station may allow the exemption from installation of similar firefighting systems, as prescribed by Presidential Decree.

(3) Where an existing specific object of fire service is extended or the purpose of use of such object is changed, the head of a fire headquarters or chief of a fire station shall apply the Presidential Decree or the fire safety standards concerning installation of firefighting systems enforced as at the time of extension or change of the purpose of use, as prescribed by Presidential Decree.

(4) Notwithstanding the former part of Article 12 (1), the firefighting systems prescribed by Presidential Decree need not be installed in a specific object of fire service prescribed by Presidential Decree among any of the following specific objects of fire service:

1. A specific object of fire service with low fire risk;

2. A specific object of fire service to which it is impracticable to apply the fire safety standards;

3. A specific object of fire service with a special use or structure to which the fire safety standards shall be applied otherwise;

4. A specific object of fire service for which an in-house fire brigade is formed under Article 19 of the Safety Control of Hazardous Substances Act.

(5) Where firefighting systems whose design is recognized to adopt unique construction methods in terms of the structures, principles, etc., of such systems are to be installed in a specific object of fire service specified in any subparagraph of paragraph (4), the fire safety standards prescribed in the former part of Article 12 (1) need not be applied after deliberation by the Central Firefighting Technology Deliberative Committee under Article 18 (1).

Article 22(In-House Inspection on Firefighting Systems) #

(1) An interested party of a specific object of fire service shall conduct an in-house inspection, within the periods classified as follows or shall entrust a management business entity whose inspection capability is evaluated pursuant to Article 34 or a qualified technical expert prescribed by Ordinance of the Ministry of the Interior and Safety (hereinafter referred to as "management business entity, etc.") to conduct a regular inspection (hereinafter referred to as "in-house inspection"), with respect to whether firefighting systems, etc. established in the relevant specific object have been established and managed in compliance with?this Act or an order, etc. issued under this Act; in such cases, where a management business entity, etc. has conducted an inspection, such entity shall submit the inspection results to the interested party, as prescribed by Ordinance of the Ministry of the Interior and Safety:

1. Where firefighting facilities, etc. of the relevant specific object of fire service are newly installed: 60 days from the date the relevant building becomes usable pursuant to Article 22 of the Building Act;

2. Cases other than those falling under subparagraph 1: The period prescribed by Ordinance of the Ministry of the Interior and Safety.

(2) Matters to be observed in the course of an in-house inspection, such as the classification and objects of an in-house inspection, the standards for posting inspection personnel, the qualifications of inspectors, the inspection equipment, and the methods and frequency of an inspection, shall be prescribed by Ordinance of the Ministry of the Interior and Safety.

(3) Where a management business entity, etc. is entrusted with an in-house inspection pursuant to paragraph (1), such entity shall be reimbursed for the inspection in an amount calculated by a method prescribed by Ordinance of the Ministry of the Interior and Safety under the standards for the calculation of prices for engineering projects under Article 31 of the Engineering Industry Promotion Act.

(4) Notwithstanding paragraph (3), where the Commissioner of the National Fire Agency deems it necessary to secure the quality of an in-house inspection on firefighting systems, etc., he or she may determine and announce an amount to be a standard for expenses for in-house inspection (hereinafter referred to as "standard expenses for in-house inspection") to be borne by an interested party depending on the size of a specific object of fire service, the types of firefighting systems, etc., and inspection personnel, etc.; or may recommend a management business entity, etc., to utilize such amount as a standard price for in-house inspection on firefighting systems, etc.

(5) Matters necessary for the methods of announcement of standard expenses for in-house inspection shall be determined and publicly notified by the Commissioner of the National Fire Agency.

(6) Where it is impractical to conduct an in-house inspection due to an act of God or other grounds prescribed by Presidential Decree, an interested party may file an application for exemption from or postponement of such inspection with the head of a fire headquarters or chief of a fire station, as prescribed by Presidential Decree. In such cases, the head of the fire headquarters or chief of the fire station shall decide whether to approve the application for such exemption or postponement and shall notify the interested party of the result thereof.

Article 23(Measures to Be Taken Based on Results of In-House Inspection on Firefighting Systems) #

(1) Where a serious violation prescribed by Presidential Decree (hereafter in this Article referred to as "serious violation"), such as a fire pump malfunction, is found as a result of an in-house inspection referred to in Article 22 (1), an interested party of the relevant specific object of fire service shall take necessary measures, such as repair, without delay.

(2) Where a serious violation is found as a result of an in-house inspection, a management business entity, etc. shall notify the relevant interested party thereof. In such cases, the interested party shall take necessary measures, such as repair, without delay.

(3) Where an interested party of a specific object of fire service has conducted an in-house inspection pursuant to Article 22 (1), he or she shall report the results of such inspection to the head of a fire headquarters or chief of a fire station, along with an implementation plan concerning the repair, replacement, and maintenance of firefighting systems, etc. (including measures to be taken against serious violations; hereafter in this Article, the same shall apply), as prescribed by Ordinance of the Ministry of the Interior and Safety. In such cases, where the results of the inspection or the implementation plan is deemed inappropriate, the head of the fire headquarters or chief of the fire station may require the interested party to supplement it.

(4) An interested person of a specific object of fire service shall complete an implementation plan under paragraph (3) within a specified period, as prescribed by Ordinance of the Ministry of the Interior and Safety, and shall report the results of completion of such implementation plan to the head of a fire headquarters or chief of a fire station. In such cases, where it is deemed that the results of the completion of the implementation plan are prepared falsely or falsified, the head of the fire headquarters or the chief of the fire station may visit the relevant specific object of fire service to check whether the implementation plan is completed.

(5) Notwithstanding paragraph (4), where it is impracticable to complete an implementation plan under paragraph (3) due to an act of God or other grounds prescribed by Presidential Decree, an interested party of a specific object of fire service may file an application for postponement of the completion of such implementation plan with the head of a fire headquarters or the chief of a fire station, as prescribed by Presidential Decree. In such cases, the head of the fire headquarters or the chief of the fire station shall decide whether to approve the application for such postponement and shall notify the interested party of the results thereof.

(6) Where an interested party fails to complete an implementation plan under paragraph (4), the head of a fire headquarters or the chief of a fire station may order the interested party to take necessary measures, and the interested party shall comply therewith.

Article 33(Operation of Management Business) #

(1) A management business entity shall inspect or manage firefighting systems, etc. in compliance with this Act or an order, etc. issued under this Act.

(2) No management business entity shall lend or borrow a registration certificate or registration pocketbook of management business to or from any other person and shall also help any other person to commit such act.

(3) Where a management business entity falls under any of the following cases, he or she shall without delay notify such fact to an interested party of a specific object of fire service who has him or her vicariously perform safety control duties under Article 25 of the Act on Fire Prevention and Safety Control or conduct an inspection on firefighting systems, etc. under Article 22 (1):

1. Where he or she succeeds to the status of a management business entity under Article 32;

2. Where he or she is subject to a disposition of registration revocation of, or suspension of, management business under Article 35 (1);

3. Where he or she suspends or closes his or her business.

(4) When a management business entity conducts an in-house inspection pursuant to Article 22 (1) and (2) or vicariously performs fire safety control duties under Article 25 of the Act on Fire Prevention and Safety Control, such entity shall have his or her technical personnel participate in such inspection or such duties, as prescribed by Ordinance of the Ministry of the Interior and Safety.

(5) No management business entity who is subject to a disposition of registration revocation or business suspension under Article 35 (1) shall vicariously perform fire safety control duties or conduct an inspection on firefighting systems, etc. from the date of such disposition: Provided, That in cases of a disposition of business suspension, when a contract for work is not terminated, such entity may vicariously perform fire safety control duties or conduct an in-house inspection, for a specific object of fire service under vicarious performance or inspection.

Article 37(Type Approval of Firefighting Appliances) #

(1) A person who intends to manufacture or import firefighting appliances prescribed by Presidential Decree shall obtain type approval from the Commissioner of the National Fire Agency: Provided, That this shall not apply to firefighting appliances manufactured or imported for the purpose of research and development.

(2) A person who intends to obtain type approval under paragraph (1) shall be equipped with testing facilities for type approval in accordance with the standards prescribed by Ordinance of the Ministry of the Interior and Safety and shall undergo an examination conducted by the Commissioner of the National Fire Agency: Provided, That in cases prescribed by Ordinance of the Ministry of the Interior and Safety, such as where a person imports firefighting appliances not for sale but for directly installing them in his or her own building or for his or her own use, he or she need not be equipped with testing facilities.

(3) A person who has obtained type approval under paragraphs (1) and (2) shall undergo a product inspection on the relevant firefighting appliance conducted by the Commissioner of the National Fire Agency.

(4) Matters necessary for the methods, procedures, etc. for type approval under paragraph (1) and the classification, the methods, the order, the pass labels, etc., of product inspections under paragraph (3) shall be prescribed by Ordinance of the Ministry of the Interior and Safety.

(5) Matters necessary for the technical standards, etc. for type approval and product inspections on appearance, structure, material, components, performance, etc. (hereinafter referred to as "appearance, etc.") of firefighting appliances shall be determined and publicly notified by the Commissioner of the National Fire Agency.

(6) No person shall sell any of the following firefighting appliances, display them for sale, or use them for firefighting system installation works:

1. Firefighting appliances which are not type-approved;

2. Firefighting appliances, appearance, etc. of which has been changed arbitrarily;

3. Firefighting appliances which have failed to undergo a product inspection or those without a pass label.

(7) The Commissioner of the National Fire Agency, the head of a fire headquarters, or the chief of a fire station may order a manufacturer, an importer, a seller, or a contractor to take necessary measures prescribed by Ordinance of the Ministry of the Interior and Safety, such as recall, discarding, or replacement of firefighting appliances that violate paragraph (6).

(8) In cases of firefighting appliances with new technology in terms of working functions, the methods of manufacture, the components, etc. which is not in compliance with the technical standards for type approval and product inspections publicly notified by the Commissioner of the National Fire Agency under paragraph (5), the Commissioner of the National Fire Agency may, after evaluation of relevant experts, grant type approval of such appliances by methods and procedures that are different from those referred to in paragraph (4), as prescribed by Ordinance of the Ministry of the Interior and Safety; and new technology products recognized by an authorized foreign institution may be type-approved even after undergoing only part of the tests for type approval.

(9) In cases of obtaining the results of evaluation conducted by an accredited institution on the content of type approval of any of the following firefighting appliances, type approval may be granted and a product inspection may be conducted, by applying only part of tests on type approval and a product inspection:

1. Munitions defined in Article 2 of the Act on the Management of Military Supplies;

2. Firefighting appliances used in foreign diplomatic and consular missions to the Republic of Korea or in units of foreign military forces to the Republic Korea;

3. Firefighting appliances agreed upon in advance, which are used for construction works conducted by virtue of a foreign loan or under a convention, etc. between the Republic of Korea and any other State;

4. Other firefighting appliances deemed by the Commissioner of the National Fire Agency to be used for any special purpose.

(10) Where, with respect to any one firefighting appliance, two or more items subject to type approval are combined with each other, or an item subject to type approval and an item subject to performance certification are combined with each other, one single type approval may be granted after conducting tests for type approval of such two or more items together or after conducting a test for type approval and a test for performance certification together.

(11) Matters necessary for the methods, procedures, etc. for type approval under paragraphs (9) and (10) shall be prescribed by Ordinance of the Ministry of the Interior and Safety.

Article 40(Performance Certification of Firefighting Appliances) #

(1) Upon receipt of a request from a manufacturer or an importer, the Commissioner of the National Fire Agency may grant performance certification of firefighting appliances.

(2) A person who has obtained performance certification under paragraph (1) shall undergo a product inspection on the relevant firefighting appliances from the Commissioner of the National Fire Agency.

(3) Matters concerning firefighting appliances subject to performance certification under paragraph (1), the application and methods of such performance certification, and the issuance of performance certificates; in addition to matters necessary for the classification, procedures, methods, indication of pass, and fees of product inspections under paragraph (2), firefighting appliances subject to such product inspections, etc. shall be prescribed by Ordinance of the Ministry of the Interior and Safety.

(4) Matters necessary for the technical standards, etc. for performance certification under paragraph (1) and for product inspections under paragraph (2) shall be determined and publicly notified by the Commissioner of the National Fire Agency.

(5) No firefighting appliance that fails to pass a product inspection under paragraph (2) shall bear the mark of performance certification or the pass label of the product inspection; and no firefighting appliance that fails to undergo a product inspection or fails to bear the pass label shall be sold or displayed for sale or shall be used for any firefighting system installation works.

(6) With respect to any one firefighting appliance, where two or more items subject to performance certification are combined with each other, one single performance certification may be granted after conducting all tests for performance certification of such two or more items.

(7) Matters necessary for the methods, procedures, etc. for performance certification under paragraph (6) shall be prescribed by Ordinance of the Ministry of the Interior and Safety.

Article 46(Designation of Specialized Product Inspection Institutions) #

(1) To conduct product inspections under Articles 37 (3) and 40 (2) in a professional and efficient manner, the Commissioner of the National Fire Agency may designate an institution that meets all of the following requirements as a specialized institution for product inspections (hereinafter referred to as "specialized institution"):

1. It shall be any of the following institutions:

(a) A research institute established under Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes;

(b) Public institutions;

(c) A non-profit corporation, the main business of which is to conduct testing, inspections, and research of firefighting appliances;

2. It shall be a test and inspection institution accredited under Article 23 of the Framework Act on National Standards;

3. It shall be equipped with human resources and facilities for inspection prescribed by Ordinance of the Ministry of the Interior and Safety;

4. Its representative shall not fall under any of subparagraphs 1 through 3 of Article 27;

5. Where its designation as a specialized institution was revoked pursuant to Article 47, two years shall have elapsed from the date of such revocation.

(2) Matters necessary for the methods, procedures, etc. for designating specialized institutions shall be prescribed by Ordinance of the Ministry of the Interior and Safety.

(3) Where the Commissioner of the National Fire Agency designates a specialized institution pursuant to paragraph (1), he or she may attach necessary conditions, including bearing costs for quality improvement of firefighting appliances, technology development for product inspections, etc. In such cases, such conditions shall be limited to the minimum required for promotion of public interests without any unfair obligation.

(4) A specialized institution shall report the current status of conducting product inspections to the Commissioner of the National Fire Agency, as prescribed by Ordinance of the Ministry of the Interior and Safety.

(5) Where the Commissioner of the National Fire Agency has designated a specialized institution, he or she may evaluate product inspections of the specialized institution, as prescribed by Ordinance of the Ministry of the Interior and Safety, and may conduct a confirmation inspection on firefighting appliances that have undergone a product inspection.

(6) Where the Commissioner of the National Fire Agency conducts an evaluation of a specialized institution or conducts a confirmation inspection pursuant to paragraph (5), he or she may publicly announce the results of such evaluation or confirmation inspection, as prescribed by Ordinance of the Ministry of the Interior and Safety.

(7) In conducting a confirmation inspection under paragraph (5), the Commissioner of the National Fire Agency may require a specialized institution to bear expenses incurred in conducting such inspection, as prescribed by Ordinance of the Ministry of the Interior and Safety.

Article 50(Delegation or Entrustment of Authority or Affairs) #

(1) Part of the authority of the Commissioner of the National Fire Agency or a Mayor/Do Governor under this Act may be delegated to the head of an agency under his or her jurisdiction, a Mayor/Do Governor, the head of a fire headquarters, or the chief of a fire station, as prescribed by Presidential Decree.

(2) The Commissioner of the National Fire Agency may entrust the following duties to the Korea Fire Institute under Article 14 of the Firefighting Industry Promotion Act (hereinafter referred to as the "Fire Institute"); in such cases, the Commissioner of the National Fire Agency may subsidize the Fire Institute for some of expenses incurred in technical development, research, etc. for firefighting systems and firefighting appliances:

1. A test prescribed by Presidential Decree, among flame retardation performance tests under Article 21;

2. Type approval of firefighting appliances under Article 37 (1), (2), and (8) through (10);

3. Approval for modification of type approval under Article 38;

4. Revocation of type approval under Article 39 (1);

5. Performance certification under Article 40 (1) and (6) and revocation of performance certification under Article 42;

6. Certification of modification of performance certification under Article 41;

7. Excellent quality certification and revocation thereof under Article 43.

(3) The Commissioner of the National Fire Agency may entrust the Fire Institute or a specialized institution with product inspection duties under Articles 37 (3) and 40 (2).

(4) Matters necessary for the standards for facilities, etc. which the Fire Institute or a specialized institution performing the duties entrusted pursuant to paragraphs (2) and (3) shall have, shall be prescribed by Ordinance of the Ministry of the Interior and Safety.

(5) The Commissioner of the National Fire Agency may entrust a corporation or organization related to firefighting technology with the following duties, as prescribed by Presidential Decree:

1. Calculation and publication of standard in-house examination expenses;

2. Issuance and reissuance of a certificate of firefighting system manager under Article 25 (5) and (6);

3. Evaluation and publication of inspection capability under Article 34 (1);

4. Establishment and operation of a database under Article 34 (4).

(6) The Commissioner of the National Fire Agency may entrust a fire safety-related specialized research institute with duties concerning research on the changing trend in construction circumstances and fire risk peculiarities under Article 14 (3), as prescribed by Presidential Decree. In such cases, the Commissioner of the National Fire Agency may provide subsidies for expenses necessary for such research.

(7) No person who engages or engaged in duties entrusted pursuant to paragraphs (2) through (6) shall use confidential information learned in the course of performing the duties for purposes other than those prescribed in this Act or provide or divulge such information to another person or institution.

Article 58(Penalty Provisions) #

Any of the following persons shall be punished by imprisonment with labor for up to one year or by a fine not exceeding 10 million won:

1. A person who fails to conduct an in-house inspection on firefighting systems, etc., or to have a management business entity, etc. conduct a regular inspection on them, in violation of Article 22 (1);

2. A person who lends or borrows a certificate of firefighting system manager to or from any other person or helps any other person to commit such act, in violation of Article 25 (7);

3. A person who is employed by two or more enterprises at the same time, in violation of Article 25 (8);

4. A person who has been subject to a disposition of qualification suspension under Article 28 and has performed the duties of a manager during the period of qualification suspension;

5. A person who lends or borrows a registration certificate or registration pocketbook of management business to or from any other person, or helps any other person to commit such act, in violation of Article 33 (2);

6. A person who has been subject to a disposition of business suspension under Article 35 (1) and has conducted management business during the period of business suspension;

7. A person who places a pass label on a firefighting appliance that has failed to pass a product inspection under Article 37 (3) or who uses a forged or altered pass label;

8. A person who fails to obtain approval for modification of type approval, in violation of Article 38 (1);

9. A person who places a mark of performance certification or a pass label on a firefighting appliance which fails to pass a product inspection or uses a forged or altered mark of performance certification or a forged or altered pass label, in violation of Article 40 (5);

10. A person who fails to obtain certification of modification of performance certification, in violation of Article 41 (1);

11. A person who places an excellent quality certification mark on a firefighting appliance to which excellent quality certification under Article 43 (1) fails to be granted or who uses a forged or altered excellent quality certification mark;

12. A person who interferes with legitimate business practices of an interested party or divulges any confidential information learned in the course of a visit and inspection to any other person, in violation of Article 52 (3).

Article 61(Administrative Fines) #

(1) Any of the following persons shall be subject to an administrative fine up to three million won:

1. A person who fails to install and manage firefighting systems in accordance with the fire safety standards, in violation of Article 12 (1);

2. A person who fails to install and manage temporary firefighting systems at a construction site, in violation of Article 15 (1);

3. A person who commits an act, such as closing, destroying, or changing evacuation facilities, firefighting compartments, or fire prevention facilities, in violation of Article 16 (1);

4. A person who fails to install objects required to be flame retardant at a level higher than the flame retardant performance standards, in violation of Article 20 (1);

5. A management business entity who conducts an inspection without undergoing an evaluation of inspection capability, in violation of the former part of Article 22 (1);

6. A management business entity, etc. who fails to submit the results of an inspection to an interested party, in violation of the latter part of Article 22 (1);

7. A person who violates matters to be observed in the course of an in-house inspection, such as the standards for posting inspection personnel under Article 22 (2);

8. A person who fails to report the inspection results or files a false report thereon, in violation of Article 23 (3);

9. A person who fails to complete an implementation plan within a specified period or fails to report the results of completion of such implementation plan or files a false report thereon, in violation of Article 23 (4);

10. An interested party who fails to record the relevant matters in an inspection record sheet or fails to post it at a place readily visible to persons entering the relevant specific object of fire service, in violation of Article 24 (1);

11. A person who fails to file a report or files a false report, in violation of Article 31 or 32 (3);

12. A management business entity who fails to notify an interested party of a specific object of fire service of the fact of the status succession, administrative disposition, or business suspension or closure, or notifies false information thereon, in violation of Article 33 (3);

13. A management business entity who conducts an in-house inspection without the participation of his or her technical personnel, in violation of Article 33 (4);

14. A person who submits a false document, etc. attesting the inspection performance under Article 34 (2);

15. A person who fails to file a report or submit materials, in violation of an order under Article 52 (1), files a false report, or submits false materials; or a person who refuses, obstructs, or evades the visit or inspection of a relevant public official without good cause.

(2) Administrative fines prescribed in paragraph (1) shall be imposed and collected by the Fire Commissioner of the National Fire Agency, a Mayor/Do Governor, the head of a fire headquarters, or the chief of a fire station, as prescribed by Presidential Decree.

ACT ON INSTALLATION AND MANAGEMENT OF FIREFIGHTING SYSTEMS

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Responsibilities of the State and Local Governments) #

Article 4(Obligations of Interested Parties) #

Article 5(Relationship to Other Statutes) #

Article 6(Consent to Building Permission) #

Article 7(Seismic Design Standards for Firefighting Systems) #

Article 8(Performance-Oriented Design) #

Article 9(Performance-Oriented Design Evaluation Group) #

Article 10(Firefighting Systems Installed in House) #

Article 11(Fire Extinguishers Installed or Carried in Motor Vehicles) #

Article 12(Management of Firefighting Systems Installed in Specific Objects of Fire Service) #

Article 13(Special Exceptions to Firefighting System Standards) #

Article 14(Maintenance of Firefighting Systems Required to Be Installed in Each Special Object of Fire Service) #

Article 15(Installation and Management of Temporary Firefighting Systems in Construction Sites) #

Article 16(Management of Evacuation Facilities, Fire Compartments, and Fire Prevention Facilities) #

Article 17(Durable Years of Firefighting Appliances) #

Article 18(Firefighting Technology Deliberative Committee) #

Article 19(Management and Implementation of Fire Safety Standards) #

Article 20(Flame Retardation of Specific Objects of Fire Service) #

Article 21(Test of Flame Retardation Performance) #

Article 22(In-House Inspection on Firefighting Systems) #

Article 23(Measures to Be Taken Based on Results of In-House Inspection on Firefighting Systems) #

Article 24(Posting of Inspection Record Sheet) #

Article 25(Firefighting System Managers) #

Article 26(Sanctions for Persons Who Cheat) #

Article 27(Grounds for Disqualification of Managers) #

Article 28(Revocation or Suspension of Qualification) #

Article 29(Registration of Firefighting System Management Business) #

Article 30(Grounds for Disqualification from Filing for Registration) #

Article 31(Reporting on Modification in Registered Matters) #

Article 32(Succession to Status of Management Business Entity) #

Article 33(Operation of Management Business) #

Article 34(Evaluation and Publication of Inspection Capability) #

Article 35(Revocation of Registration and Suspension of Business) #

Article 36(Disposition of Penalty Surcharges) #

Article 37(Type Approval of Firefighting Appliances) #

Article 38(Modification of Type Approval) #

Article 39(Revocation of Type Approval) #

Article 40(Performance Certification of Firefighting Appliances) #

Article 41(Modification of Performance Certification) #

Article 42(Revocation of Performance Certification) #

Article 43(Certification of Excellent Quality Products) #

Article 44(Support for Firefighting Appliances with Excellent Quality Certification) #

Article 45(Collection and Inspection of Firefighting Appliances after Product Inspection) #

Article 46(Designation of Specialized Product Inspection Institutions) #

Article 47(Revocation of Designation of Specialized Institutions) #

Article 48(Establishment and Operation of Computerized Systems) #

Article 49(Hearings) #

Article 50(Delegation or Entrustment of Authority or Affairs) #

Article 51(Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) #

Article 52(Supervision) #

Article 53(Fees) #

Article 54(Extension of Period of Order to Take Measures) #

Article 55(Reporting of Violations and Payment of Monetary Awards for Reporting) #

Article 56(Penalty Provisions) #

Article 57(Penalty Provisions) #

Article 58(Penalty Provisions) #

Article 59(Penalty Provisions) #

Article 60(Joint Penalty Provisions) #

Article 61(Administrative Fines) #