I hereby promulgate the Fire Service Law. Signed:HIROHITO, Seal of the Emperor This twenty-fourth day of the seventh month of the twenty-third year of Showa (July 24, 1948) Prime Minister ASHIDA Hitoshi Law No.186 Fire Service Law Contents Chapter I. General Provisions Chapter II. Prevention of Fire Chapter III. Dangerous Objects Chapter IV. Fire-Extinguishing Arrangements Chapter V. Guarding Against Fire Chapter VI. Fire-fighting Chapter VII. Investigations of Causeof Fire Chapter VIII. Miscellaneous Provisions Chapter IX. Penal Provisions Supplementary Provisions Fire Service Law Chapter I. General Provisions

Article 1. The object of this law is to prevent, guard against, and control fire, for protecting the lives, bodies and properties of the people from fire and, at the same time, to minimize damages of flood, fire, earthquake or similar disaster, thereby preserving peace and other and promoting public welfare.

Article 2. The terms used in this law shall be defined as follows: Fire prevention objects shall mean forests, ships and vehicles, ships moored to docks or piers, buildings, other structures, and objects accessory or appertaining to ships, vehicles, buildings or other structures. Fire service objects shall mean forests, ships and vehicles, ships moored to docks or piers, buildings and other structures or objects. Persons concerned shall mean the owners, managers and occupants of fire prevention objects or fire service objects. Place concerned shall mean the place where the fire prevention objects or fire service objects are located. Ships and vehicles shall mean the ships, boats'barges, two-boats and other vessels which do not come under the provisions of Paragraph 1, Article 2 of the Shipping Safety Law, and vehicles. Dangerous objects shall mean the combustible or ignitable substances listed in the Annexed Table. Fire brigade shall mean the party of fire service officers, or fire service corps, equipped with fire-fighting appliances.

Chapter II. Prevention of Fire

Article 3. The fire service executive chief (or, where no such officer exists, the mayor of a city or headman of a town or village) or the chief of the fire station may give the persons, whose actions out of doors are considered detrimental to the prevention of fire, or the competent owners, managers or occupants of the objects which are likely to impede fire service activities, any of the orders, mentioned in the following items, to take necessary measures: 1. Prohibition or restriction of playing with fire, smoking or making a bonfire, or in the case of a bonfire, reparations for its extinction; 2. Disposal of the remnant fire, ashes or fire flakes; 3. Disposal of dangerous substances or other combustible substances left behind; 4. Clearance, removal or withdrawal of objects placed or left without authority.

Article 4. The fire service executive chief or the chief of the fire station may, in case of necessity for the prevention of fire, order the person concerned to produce reference materials, or have the competent fire service officers enter any workshop, factory, or place of public assembly, and any other place concerned for the inspection of the location, structure, equipments and condition of management of the fire prevention object. Howvever, private homes may not be entered unless consent of the person concerned has been obtained. The entry and the inspection provided for in the preceding paragraph, shall be made within the hours as prescribed in the following, except where the object is a forest or where the person concerned of the ship or vehicle, ship moored to dock or pier, or the building or other structure concerned has differently agreed to: 1. In regard to an entertainment house, department store, hotel, eating establishment and other places frequented by the public which are designated by municipal by-laws, during the hours when they are open to the public; 2. In regard to a factory, workshop and other places employing a number of workers, which are designated by municipal by-laws, within their working hours; 3. In regard to other places than those prescribed in the preceding two items (private homes being excluded unless consent of the person concerned has been obtained), during the hours between dawn and sunset;provided, however, that no entry or inspection shall be made unless there is an emergency or 48 hours previous notice has been given to the person concerned of the ship or vehicle, ship moored to dock or pier, or building or other structure concerned. In entering the place concerned, in accordance with the provisions of Paragraph 1, the fire service officers shall show the person concerned an identification card issued by the mayor of the city or headman of the town or village. In entering the place concerned for examination in accordance with the provisions of Paragraph 1, the fire service officers shall not disturb the business of the person concerned. The fire service officers shall not unduly disclose to others the secrets of the person concerned, which they may come to know by the entry and inspection under Paragraph 1.

Article 5. When, in connection with the location, structure, equipment or condition of management of a fire prevention object, it is considered as necessary for the prevention of fire or dangerous to lives in the event of fire, the fire service executive chief or the chief of the fire station may give orders to the comptent person concerned with the fire prevention object, for its repair, removal, prohibition or suspension or restriction of its use, or the suspension or discontinuance of the works on it, or other necessary measures, provided that this shall not apply to a building or other structure, whose construction, extention, alterations or removal was permitted or authorized under some other laws and no change has occurred in the circumstances.

Article 6. In case the person, who has received an order under the preceding Article, is not satisfied with it, he may, within ten days after the receipt of such an order, appeal to the court having jurisdiction over the place where the fire prevention object concerned is located. The validity of the order made under the preceding Article shall not be affected by the filing of an appeal in accordance with the preceding paragraph, provided, however, that this shall not apply where a judgement is given for cancelling such order or action. In any case as stipulated by the proviso in the preceding paragraph, the losses caused by the order given under the preceding Article shall be compensated for at the market value. In case the location, structure, equipment, or the state or management of the fire prevention object provided for in the preceding Article, does not contravene this law or other laws and ordinances made under its authority, the losses caused by the order given under the preceding Article or the action taken under Paragraph 1 or 3, shall be compensated for at the market price notwithstanding the provisions of the preceding paragraph. Expenses necessary for the compensation to be given in accordance with the preceding two paragraphs, shall be borne by the city or town or village concerned.

Article 7. An administrative office having authority to issue permit or approval to the construction, extension, alterations, transition or change of the purpose of the use of a building or a structure, may not issue such permit or approval, unless a permit or an approval of the fire service executive chief or the chief of the fire station having jurisdiction over the place, endorsing that the projected work does not impede the prevention of fire, has been obtained.

Article 8. The owner, manager or occupant of a school, factory, entertainment house, department store, place for the manufacture or disposal of dangerous objects, or other building or structure which is designated by municipal by-laws, shall appoint a person responsible for the prevention of fire, establish a fire service program, and enforce drills therefor.

Article 9. The location, structure and management of furnaces, bath-rooms or other equipments using fire, or such equipments liable to cause fire by using fire and the handling of portable cooking-furnaces, footwarmers or other appliances using fire, or such appliances liable to cause fire by using fire as well as matters necessary for the prevention of fire, shall be regulated by the municipal by-laws.

Chapter III. Dangerous Objects

Article 10. Dangerous objects, the quantity of which exceeds the quantity specified by municipal by-laws shall not be stored or handled at places other than a storage depot. However, when the quantity is less than thirty times the designated quantity it may be temporarily stored at a safe place designated by the competent fire service executive chief or chief of the fire station within a period not exceeding ten days. Dangerous objects classified in different categories in the Annexed Table shall not be stored or handled in the same depot (or in the same room in the case of a depot-with more than two rooms completely partitioned from each other with walls of non-inflammable materials). Dangerons objects shall not be stored in a storage depot, exceeding the quantity fixed by municipal by laws. Matters necessary for restriction of the location, structure and equipments, of storage depots, shall be specified by municipal by-laws.

Article 11. Dangerous object exceeding the quantity specified by municipal by-laws shall not be handled before dawn or after sunset, except when permission is obtained from the competent fire service executive chief or chief of the fire station.

Article 12. Any person, who intends to establish a depot, shall obtain, in accordance with the provisions of municipal by-laws, the permission of the mayor of the city or headman of the town or village concerned. The same shall apply to any alteration in the matters specified by municipal by-laws. A person, who intends to abolish a depot, shall report it to the mayor of the city or headman of the town or village concerned.

Article 13. A person, who has established a depot, (including a person who has succeeded to his post), shall appoint a person in charge of the handling of dangerous objects at the depot and report it to the competent fire service execntive chief or chief of the fire station. The person in charge of the handling of dangerous objects as provided for in the preceding paragraphs shall possess the qualifications specified by the municipal by-laws. Persons other than the person in charge of the handling of dangerous objects shall not handle them at the depot without the latter's presence.

Article 14. No person other than a film operator qualified in accordance with municipal by-laws shall operate a projector to screen film pictures of no slow combustible nature for show or public inspection. The owner, manager or occupant of buildings or other structures, where film pectures are ordinarily shown, shall appoint a film operator belonging thereto who is qualified in accordance with municipal by-laws, and report it to the chief of the competent fire service executive chief or chief of the fire station.

Article 15. The projection room shall be of the structure and be possessed of the equipments as specified by municipal by-laws. A person, who has installed or abolished a projection room, or who intends to screen film pictures of no slow combustible nature at a place equipped with no projection room for the inspection of the public, shall report it to the competent fire service executive chief or chief of the fire station, in accordance with the provisions of municipal by-laws.

Article 16. Beside the matters provided for in the foregoing six Articles, matters necessary for the prevention of fire in connection with the storage, transportation, rebottling and other treatments of dangerous objects, shall be specified by municipal by-laws. The provisions of Articles 10 to 13 shall not apply to the storage, transportation, rebottling and other treatments of dangerous objects by vessels, railroads and tramways.

Chapter IV. Fire-extinguishing Arrangements

Article 17. The owner, manager or occupant of a school, factory, workshop, entertainment house, department store, hotel, eating establishment or other building or structure designated by municipal by-laws, shall, in accordance with the provisions of the municipal by-laws, equip his building or structures, with a fire extinguisher and other machines and appliances for the purpose of fire service, fire service water, and refuge appliances.

Article 18. No person shall be allowed to unreasonably use, destroy, remove or obstruct the proper use of a firealarm, hydrant, reservoir arrangement for the use of fire service, fire tower or alarm bell tower. No person shall be allowed to unreasonably use the fire signals fixed by ordinance or signals similar to them.

Article 19. The standard qualities of the machines, implements and equipments for the use of fire service to be designated by ordinance, shall be recommended by the National Fire Service Board.

Article 20. The standard of water supply required for fire service shall be recommended by the National Fire Service Board. The equipment of water supply required for fire service shall be established, maintained and managed by the city, town, or village concerned. However, in regard to water service the manager of the water works concerned shall establish, maintain and manage it.

Article 21. The fire service executive chief or the chief of the fire station may, with the consent of the owner, manager or occupant of a pond, pool, well, tank, and other water supply available for fire service, designate them as fire service water supply resource, and may keep them in a condition available constantly for use. Any person, who intends to alter, remove or render unavailable for use such water supply resources specified to the preceding paragraph, shall report it beforehand to the competent fire service executive chief or chief of the fire station concerned.

Chapter V. Guarding against Fire

Article 22. In case the meteorological condition is considered unfavourable for the prevention of fire, the President of the Central Meteorological Observatory or the chief of a district meteorological observatory or the chief of a meteorological station shall immediately notify it to the governor of the prefecture, who has jurisdiction over the district concerned. On receipt of the foregoing notification, the governor of the prefecture shall immediately transmit it to the mayor of the city or headman of the town or village concerned. On receipt of the notification of the preceding paragraph, the mayor of the city or headman of the town or village may issue a warning against fire. When a warning has been issued in accordance with the provisions of the preceding paragraph all the persons in the area of the city or town or village shall abide by the restriction on the use of fire, determined by the municipal by-laws until the warning is cancelled.

Article 23. When it is deemed specially necessary for the prevention of fire, the mayor of a city or headman of a town or village may restrict a blazing fire or smoking in a certain area.

Chapter VI. Fire-Fighting

Article 24. Any discoverer of a fire shall notify to the fire station or to a place specified by the mayor of the city or headman of the town or village concerned without loss of time. All members of the public shall assist, so that the notice stated above may reach the authorities with the least possible delay.

Article 25. When a fire breake out, the persons concerned with the fire service object in view and other persons specified by ordinance shall, until a fire brigade arrives at the scene of the fire, engage in fire fighting, prevention of the spreading of fire, and rescue of lives. All persons who happen to be in the vicinity of the scene of the fire shall cooperate with the persons specified in the preceding paragraph in suppressing fire preventing the spreading of fire, or in rescuing lives.

Article 26. When responding to an alarm of fire, vehicles of the fire department shall be given right of way by all other vehicles and by pedestrians. Upon approach of such fire department vehicles responding to an alarm of fire, all motor-driven vehicles, horse or animal-drawn vehicles, hand-drawn vehicles, bicycles and other similar equipment, shall proceed as near to left-hand curb as possible, and stop until fire apparatus has passed. All tramway cars shall come to a full stop upon being warned of the approach of fire department vehicles which are responding to an alarm of fire, and shall not proceed until such apparatus has passed. Fire department vehicles shall use sirens only when responding to an alarm of fire and shall not exceed a speed of 55 kilometers per hour at any time. Upon returning to their stations following an alarm of fire, fire department vehicles may use only bells or horns as traffic warnings and shall not exceed the speed limit set for other vehicles by municipal by-laws and shall conform with other traffic regulations.

Article 27. When it is urgently necessary in order to reach the scene of a fire, the fire brigade may pass along or through an road or path other than public thoroughfares, any unoccupied lot or any water surface not in use for any public purpose.

Article 28. The fire officers or members of the fire service corps may throw a cordon around the scene of fire, and order any persons other than those specified by ordinance to withdraw from such area, or prohibit or restrict such persons to go in or out of the same. In case where there are no fire officers or members of the fire service corps on the scene of a fire, or when requested by fire officers of members of the fire service corps, any police officer may exercise their authority as prescribed in the preceding paragraph. It shall be the duty of any national police officer a local police officer on the scene of a fire to assist in the establishment and maintenance of a cordon around the fire scenes under the direction of the ranking fire service personnel present.

Article 29. In case of necessity for fire suppression, checking of the spread of flames, or rescue of lives, the fire officers or members of the fire service corps, may use or dispose of any fire service object about to take fire, or already set a flames, as well as the ground on which such object stands, or may restrict the use of such object or ground. The same shall apply to any property adjoining the fire service object which is already set aflames and is in danger of being set aflames. In case of urgent necessity for the purpose of extinguishing fire, or of checking the spread of flames, or for the rescue of lives, the fire service executive chief or chief of a fire station may use, requisition, dispose of, or restrict the use of, any property or object other than the fire service object or its ground prescribed in the preceding paragraph. If any loss is sustained by any person by such measures as aforesaid, the same shall be compensated on demand, at the market value. All expenses required for the compensation as prescribed in the preceding paragraph shall be borne by the city, town, or village concerned. In case of emergency, the fire service officers or fire service corps may enlist the services of any persons who happen to be in the vicinity of the scene of the fire for the rescue of lives or for any other work relative to fire service.

Article 30. In case of urgent necessity for the maintenance of water-supply at the scene of fire, the fire service executive chief or the chief of the fire station may open or close a lockgate or flood-gate of the flame, or a hydrant. The fire service executive chief or chief of the fire station may make an agreement beforehand with the owner, manager or occupant of the water supply resource, concerning the use and management of the water supply in the event of fire.

Chapter VII. Investigations of Cause of Fire

Article 31. In case incendiarism or mishandling of fire is suspected, the chief of the fire station concerned shall collect the evidences and endeavor to keep them intact, while notifying the fact to the competent police station without loss of time. However, the recommendations made by the National Fire Service Board for assisting in the search of offence relative to incendiarism or mishandling of fire should be observed by the fire service personnel.

Article 32. The fire service executive chief or the chief of the fire station concerned shall, side by side with the execution of fire suppression activities, set about the investigation of the cause of and the losses incurred by the fire and fire suppression activities.

Article 33. The fire service executive chief, chief of a fire station and authorized representatives of any fire insurance company involved, shall be permitted to inspect property damaged or destroyed by fire for the purpose of determining the cause of the fire and the extent of the loss.

Article 34. In case of necessity for the investigation specified in the preceding paragraph, the fire service executive chief or the chief of the fire station concerned may order any persons concerned to produce required date, or may despatch fire officers to any place concerned in order to make necessary investigations of the condition of property damaged or destroyed by fire. The proviso to Paragraph 1, and Paragraphs 2 to 5 of Article 4, shall apply to any case specified in the preceding paragraph.

Article 35. The primary responsibility for the investigation of suspected arson or accidental fire shall be upon the fire service executive chief, or the chief of the fire station concerned; however, nothing herein shall be construed as to exclude national police officers or local police officers from exercising their responsibility of detecting crimes, including arson and apprehending criminals, including arsonists. In such matters, it shall be the obligation of both fire and police personnel to cooperate for the mutual objective of suppression of incendiarism.

Chapter VIII. Miscellaneous Provisions

Article 36. The provisions of Article 18, Paragraph 2'Article 22, and Articles 24 to 29 shall be applicable with necessary modifications to flood and other disasters.

Article 37. Where there are special districts established, the words in this law reading "city, town, or village" or "mayor of a city or headman of a town, or village," or "Municipal By-Law" shall respectively read "Metropolis," "metropolitan governor," and "Metropolitan By-Laws."

Chapter IX. Penal Provisions

Article 38. Any person who, in contravention of the provisions of Article 18, Paragraph 1, and without authority, damages, destroys or removes a fire tower or a fire-bell tower shall be liable to imprisonment with hard labor for a period not exceeding seven years.

Article 39. Any person who, in contravention of the provisions of Article 18, Paragraph 1, and without authority, damages, destroys, or removes a fire-alarm or a hydrant shall be liable to imprisonment with hard labor for a period not exceeding five years.

Article 40. Any person falling under any of the following items shall be liable to imprisonment with hard labor for a period not exceeding two years or to a fine not exceeding fifty thousand yen or both in consideration of circumstances. The preceding paragraph shall not apply if otherwise provided for in the Criminal Code: 1. Any person who intentionally interferes with the passage of any fire department vehicle in accordance with provision of Article 26; 2. Any person who obstructs the activity of any member of the fire service corps engaged in fire suppression or in guard, defense, or rescue work during a flood disaster and other emergency; 3. Any person who obstructs the activities of such person, who, in accordance with the provisions of Article 25 (including cases where these provisions, with the necessary modifications, are made applicable by Article 36), or Article 29, Paragraph 4 (including the cases where these provisions, with the necessary modifications, are made applicable by Article 36) are engaged in fire suppression, checking of the spread of flames, or in the rescue of lives. Any person who, by committing an offence mentioned in the preceding paragraph, has caused the death of or a bodily injury to another person shall be punishable under this law or the Criminal Code, whichever the heaviest.

Article 41. Any person failing under any of the following items shall be liable to imprisonment with hard labor for a period not exceeding one year or to a fine not exceeding 25 thousand yen or both in consideration of circumstances: 1. Any person who acts against an order provided for in Article 5; 2. Any person who acts against the provisions of Article 10, Paragraph 1 or 2; 3. Any person who acts against the provisions of Article 15.

Article 42. Any person falling under any of the following items shall be liable to imprisonment with hard labor for a period not exceeding six months, or to a fine not exceeding 12 thousand yen, or both, in consideration of circumstances: 1. Any person who acts against the provisions of Article 10, Paragraph 3, Article 11, or Article 12, Paragraph 1; 2. Any person who, in contravention of the provision of Article 13, Paragraph 1, carries on the business without putting any person in charge of the business specified; 3. Any person who has put in charge a person without the qualifications prescribed by the municipal by-laws as prescribed by the provisions of Article 13, Paragraph 2; 4. Any person who fraudulently misrepresents himself as possessing the qualifications prescribed in Article 13, Paragraph 2; 5. Any person who acts against the provisions of Article 13, Paragraph 3; 6. Any person who acts against the provisions of Article 14, Paragraph 1, or who misrepresents himself as a qualified operator or a projector; 1. Any person who, in contravention of the provisions of Article 14, Paragraph 2, conducts business without appointing as operator in his service.

Article 43. The municipal by-laws mentioned in Article 16 may prescribe penalties of imprisonment with hard labor for a period not exceeding three months or a fine not exceeding 5 thousand yen against an offender, or both, in consideration of circumstances.

Article 44. Any person falling under any of the following items shall be liable to a fine not exceeding two thousand yen, or to a detention: 1. Any person who disobeys an order issued under Article 3; 2. Any person who neglects to produce the data as provided in Article 4 or Article 34, or produces false data, or without justifiable reason, refuses, obstructs or evades the entry or investigation of a fire service officer as prescribed in Article 4 or Article 34; 3. Any person who fails to make report as prescribed in Article 13, Paragraph 1, or Article 14, Paragraph 2; 4. Any person who, in contravention of the provisions of Article 18, Paragraph 1, makes use, without authority, of a fire alarm, water reservoir arrangements for use in fire fighting, hydrant, fire tower or fire alarm bell tower, or obstructs the legistimate use thereof; 5. Any person who acts contrary to Article 18, Paragraph 2; 6. Any person who, without giving the required notice renders unavailable the water supply prescribed in Article 21; 7. Any person who violates the restrictions as prescribed in Article 22, Paragraph 4, or Article 23; 8. Any person who, without justificable reason, gives a false report of a fire to a fire station or to the place designated by the mayor of a city or town, or the head of a village, as prescribed in Article 24 (including cases where these provisions, with necessary modifications, are made applicable by Article 36); 9. Any person who disobeys an order for withdrawal from, or prohibition or restriction to go in or out of, such area as specified in Article 28, Paragraph 1 (including cases where these provisions, with necessary modifications, are made applicable by Article 36); 10. Any person who refuses to permit investigation of property, damaged or destroyed by fire, after fire has occurred, in accordance with Article 33.

Article 45. The proprietor of any business or undertaking may not be exempt from the penalty for any infringement of Article 10, Paragraphs 1 to 3, Article 11, Article 12, Paragraph 1, Article 13, Article 14, Paragraph 2 or Article 15, or of municipal by-laws issued under Article 16 committed by his agent, any person living under the same roof, his servant or employee, in the execution of his business, by the reason that the offender was not acting in accordance with his directions.

Article 46. The penalities applicable to the proprietor of any business or undertaking under this law or municipal by-laws issued by virtue of Article 17, shall, in case the offender is a juridical person, apply to its manager, director, or any other person who administers its business, and where the offender is a minor or a person under disability, to his legal representative. This, however, shall not apply to a minor who is to be treated as of age with respect to the business in question.

Supplementary Provisions:

Article 47. This Law shall come into force as from August 1, 1948.

Article 48. Any permit, approval or report had or made under the Metropolitan Police Board Regulations or Prefectural Ordinance prior to the enforcement of this law, in respect of the matters for which a permit is approved or report is required to be had or made under this law, shall be deemed to be a permit, approval or report duly had or made under this law, unless the circumstances have since changed.

Annexed Table Classes Items First Class Chlorates Perchlorates Nitrates Potassium permanganate Second Class Yellow phosphorus Red phosphorus Phosphorus sulphide Third Class Potassium Sodium Magnesium dust Peroxides Carbides Calcium phosphide Metalic powders Calcium oxide Fourth Class Ether Carbon bisulphide Colodion 1st class petroleum Solvent nephthe Benzol Acetone Methyl ethyl ketone Alcohol Acetic estera Toluol Xylol 2nd class petroleum Turpentine oil Camphor oil Pine oil Creosote oil Tars 3rd class petroleum Animal and vegetable oils and fats Fifth Class Nitro-cellulose Celluloid Aromatic nitro-compounds Sixth Class Pyrosulphuric acid Fuming nitric acid Sulphuric anhydride Remarks: 1. Petroleums include crude petroleum, fractional distillation oils and cracking oils made from crude petroleum, and natural gas separation pills, which are liquid at normal temperature (including shale oil, liquefied oil, fractional distillation oils of tars and other similar oils). Any petroleum whose ignition point is under 21°C under the barometric pressures of 750 mm. when measured with the Abel-Pensky or Pensky-Martens Closed Cup Tester is called the first class petroleum, one whose ignition point is over 21°and under 70°is called the second class petroleum, and one over 70°is the third class petroleum. 2. Celluloid implies celluloid as material, scraps of celluloid, worked articles and film. 3. Alcoholes include ethyl, methanol, buthanol and denatured alcohol. 4. Magnesium dust includes the flash-light dust for photographing and other purposes. 5. Paint-diluents chiefly made of alcohol or benzol are regarded as alcohol or benzol. Prime Minister ASHIDA Hitoshi Minister of Finance KITAMURA Tokutaro Minister of Education MORITO Tatsuo Minister of Welfare TAKEDA Giichi Minister of Agriculture and Forestry NAGAE Kazuo Minister of Commerce and Industry MIZUTANI Chozaburo Minister of Transportation OKADA Seiichi Minister of Construction HITOTSUMATSU Sadayoshi