I hereby promulgate the Law of Fire Defence Organization.
Signed:HIROHITO, Seal of the Emperor
This twenty-third day of the twelfth month of the twenty-second year of Showa (December 23, 1947)
Prime Minister KATAYAMA Tetsu
CONTENTS OF THE LAW OF FIRE DEFENCE ORGANIZATION
Chapter 1. General Provisions
Chapter 2. National Organ
Chapter 3. Municipal Organ
Chapter 4. Miscellaneous Provisions
Supplementary Provisions
Law of Fire Defence Organization
Chapter 1 General Provisions
Article 1. The duties of the respective fire defence service are the utilization of facilities and personnel to protect lives, persons and properties of the people from destruction by fire and to alleviate human suffering resulting from any disaster such as fire, flood or earthquake.
Chapter 2 National Organ
Article 2. There shall be established, under the National Public Safety Commission a National Fire Defence Board.
Article 3. There shall be appointed a director in the National Fire Defence Board.
The Director shall be appointed and dismissed for cause by the National Public Safety Commission in accordance with the provisions of the National Public Service Law.
The Director shall be subject to the direction and supervision of the National Public Safety Commission and control affairs of the National Fire Defence Board.
Article 4. The National Fire Defence Board shall take charge of the following affairs:
1. Matters concerning the grading of cities pertaining to fire defence;
2. Matters concerning the research and preparation of model fire codes;
3. Matters concerning the establishment of a fire inspection service, including the investigation of arson and spreading fire by negligence;
4. Matters concerning the research of the investigation techniques of arson and spreading fire by negligence, and concerning the training of investigators;
5. Matters concerning the research and preparation of a model drill manual;
6. Matters concerning fire fighting techniques and fire prevention publications;
7. Matters concerning collection and dissmination of fire defence statistics and comparable information;
8. Matters concerning the training of fire department instructors;
9. Matters concerning model specifications for fire apparatus and equipment;
10. Matters concerning the laboratory test related to fire prevention and fire defence.
Article 5. Under the National Fire Defence Board a Fire Research Institute and an Administrative Bureau will be created.
The National Fire Defence Board shall have one superintendent, one director of the Buaeau, and other necessary personnel and organs according to the regulations of the National Fire Defence Board and approved by the National Public Safety Commission.
The personnel mentioned in the preceding paragraph shall be appointed and dismissed for cause by Director of the National Fire Defence Board in accordance with the provisions of the National Public Servants Law.
Chapter 3 Municipal Organ
Article 6. Cities, towns and villages shall be responsible for providing adequate fire defence within the boundaries of the respective cities, towns and villages.
Article 7. The fire defence of cities, towns and villages shall be controlled by mayors of cities and headmen of towns and villages in accordance with by laws.
Article 8. Expences necessary for the fire protection of autonomous entities shall be borne by the respective cities, towns and villages.
Article 9. In order to deal with affairs concerning matters of fire defence of cities, towns and villages, any or all of the following organs may be created, besides "Shobodan" in case of necessity:
1. Fire Defence Headquarters.
3. Organs for training of the fire department personnel and members of "Shobodan."
Article 10. The establishment, name and organization of each Fire Defence Headquarters shall be determined by cities, towns and villages.
There may be established one or more Fire Stations in each city, town and village where the Fire Defence Headquarters are established.
The establishment, name, organization and jurisdiction of each Fire Station shall be determined by city, town or village.
Article 11. In the fire department organs of cities, towns and villages, where the Fire Defence Headquarters are established, there shall be a Chief of the fire department and fire department personnell of the ranks necessary and consistent with efficient fire defence in accordance with the provisions of this Law.
The fire department personnel shall take charge of fire defence affairs subject to the direction and supervision of their superiors.
The fixed number of fire department personnel of cities, towns and villages shall be determined by the local entities in accordance with the local requirements.
Article 12. The Chief of fire departments of cities, towns and villages shall be appointed and dismissed for cause by the mayors of cities or headmen of towns or villages in accordance with bylaws.
Article 13. The Chief of fire department of cities, towns and villages, in accordance with the standard which is determined by the mayors or headmen, shall appoint or dismiss for cause any fire department personnel of the respective city, town or village. They shall also direct and supervise such personnel.
Article 14. The Chiefs of Fire Stations shall be subject to the direction and supervision of their superiors execute fire defence affairs within their jurisdiction and direct and supervise personnel subordinate to them.
Article 15. The appointment, dismissal, allowance, performance of duties and other matters of fire department personnel shall be fixed by by-laws of cities, towns and villages in line with the spirit of the National Public Servants Law.
Matters concerning the oath, training, formality and uniform of municipal fire department personnel shall be fixed by municipal regulations in line with model regulations to be determined by the National Fire Defence Board.
Article 16. In areas where special wards exist, the wards shall collectively assume responsibility provided for in Article 6 within the areas of such wards.
Article 17. The fire defence of such special wards shall be controlled by the Governor of To.
The Chief of fire department of special wards shall be appointed and dismissed for cause by the Governor of To, in accordance with by-laws of To.
Article 18. Except the matters provided for in the preceding two Articles, areas where special wards exist shall be considered as a city so fars as the fire department in such areas is concerned, and the provisions concerning the municipal fire departments shall apply mutatis mutandis.
Chapter 4 Miscellaneous Provisions
Article 19. There shall exist neither administrative nor operational control by the National Fire Defence Board over the fire departments of cities, towns and villages.
Article 20. The National Fire Defence Board may, at the request of the mayors of cities, headmen of towns and villages, or the Chief of fire department of cities, towns and villages, advise and counsel them in matters pertaining to fire defence and assist in the procurement of materials and equipments.
Article 21. The mayors of cities and headmen of towns and villages may make mutual aid agreement for fire defence among them.
Article 22. The mayors of cities and headmen of towns and villages shall, on forms and in the manner provided for by the National Defence Board, make reports of fire defence satistics to the National Fire Defence Board, through the Governor of To, Do and Prefectures.
Article 23. The local autonomous entities and the National Fire Defence Board may use the police communication facilities for the affairs of fire defence.
Article 24. Police and fire departments shall mutually cooperate in protecting the lives, persons and properties of the people.
The National Fire Defence Board, the National Local Police, the Governor of To, Do and Prefectures and the mayors of cities and headmen of towns and villages may make agreements beforehand among them concerning disaster defence measures to be taken in time of earthquake, typhoon, fire flood and similar emergencies. In instances where fire departments assist the police in time of such disaster operational control will remain with the police and fire department personnel will not exercise police powers, and in such instances where police assist the fire department direction of police authority in connection with fire prevention and defence in the area affected shall come under the fire department.
Article 25. Matters concerning the subsides to the expenses necessary for fire defence affairs of cities, towns and villages shall be determined by law.
Article 26. To, Do and Prefectures may retain or establish according to the necessity, necessary organs for the training of municipal fire department personnel, and members of "Shobodan."
Supplementary Provisions:
Article 27. The date of enforcement of the present Law shall be fixed by the Cabinet Order in respect of each provision within a period not exceeding ninety days from the day of its enactments.
Article 28. The National Public Servants Law shall be considered as already in effect within the extent necessary for the application of the present Law.
In the case mentioned in the preceding paragraph, the, authority of the National Personnel Commission shall, pending its establishment as provided for in the National Public Servants Law, be exercised by the Temporary National Personnel Commission in conformity with the instance mentioned in Article 2 of the Supplementary Provisions of that Law.
Article 29. During one year after the enforcement of the present Law, the personnel in charge of the National Fire Defence Board or the fire department personnel of autonomous entities may, in case there exists no list of candidates for appointment or in case there is special necessity, be temporarily appointed from among persons who have qualifications necessary for such officials of the central government or the local governments as are corresponding to the respective personnel in accordance with the existing laws and orders.
Article 30. The appointment and dismissal, allowance and performance of duties of the personnel of the National Fire Defence Board and other necessary matters concerning such personnel shall still conform for the time being to existing instances of laws and orders, pending the establishment of rules of the National Personnel Commission as provided for in the National Public Servants Law.
Article 31. In case an official of the National Government who is in the service of Metropolitan Police Board, the Hokkaido or Prefectural Police Department or Fire Station established specially by the National Government at the time of the effectuation of the present Law has immediately become a member of the personnel of the municipal fire department or the personnel of fire defence training organs of To, Do and Prefectures, he shall be considered as being continually in service with the same status as before, and the provisions of the pension Law shall apply to him mutatis mutandis for the time being.
Article 32. The expenses of cities, towns and villages required for fire defence affairs and the expenses of To, Do and Prefectures for fire defence training organs, which have been within the authority of the Metropolitan Police Board, the Hokkaido or Prefectural Police Department or Fire Station established specially by the National Government at the time of the enforcement of this Law and comes under the authority of cities, towns and villages or To, Do and Prefectures by this Law, shall be borne for the time being by the National Treasury and To, Do and Prefectures, as provided for in Cabinet Order, until such time as local autonomy in financial matters has been established.
In regard to apportionment of fire defence expenses to the National Treasury and To, Do and Prefectures existing instances shall be followed until the time mentioned in the preceding paragraph.
Article 33. In case of the effectuation of the present Law, state and prefectural property or state and prefecture owned goods which is or are actually being used for fire defence, and surplus to needs of the National Rural Police shall, if needed by the municipal fire department, be transferred without compensation to the respective municipalities, except that such property or goods as is or are currently being used in the existing fire defence training organs of Metropolitan Police Board, Hokkaido or Prefectural Police Departments shall be transferred without compensation to the respective To, Do and Prefectures.
In the abovementioned paragraphs, the property or goods which have debt, will be determined by the agreement among them.
Article 34. All affairs Union and Office Affairs Union of towns and villages existing at the time of the enforcement of the present Law shall be considered as a town or a village so far as the application of the provisions of the present Law is concerned.
Article 35. The respective administrative organs as used in Article 4 of the Administrative Enforcement Law shall include the Mayors of cities and headmen of towns and villages, "The chiefs of fire departments as used in Article 12, and" the chiefs of fire stations"as used in Article 14.