Chapter I General Provisions

(Purpose) Article 1. The purpose of this Law is to secure the public safety, by keeping a close watch and safe-guard against the flood disasters and keeping down damage thereby as much as possible, in case of flood or tidal wave.

(Definition) Article 2. In this Law, the "flood defence supervising body" shall mean the flood disaster prevention association, the union of cities, towns and villages that manage jointly the affairs concerning the flood defence (hereinafter referred to as "city, town and village union" ) or the city, town or village (including the special ward;hereinafter the same), which is held responsible for the flood defence in accordance with the provision of Article 3 paragraph 1 or paragraph 2. 2 In this Law, the "flood defence supervisor" shall mean the supervisor of the flood disaster prevention association which is the flood defence supervising body or the chief of the city, town and village union or the head of a city, town or village, each of which is the flood defence supervising body. 3 In this Law, the "fire defence organ" shall mean the organ for fire defence stipulated in Article 9 of the Fire Defence Organization Law (Law No.226 of 1947). 4 In this Law, the "chief of the fire defence organ" shall mean the chief of the fire department in case of the city, town or village which has the fire defence headquarters or the chief of the fire defence group in case of the city, town or village which has no fire defence head-quarters. 5 In this Law, the "flood defence plan" shall mean plans in connection with watch, guard, communication, liaison, transportation, operation of lock and sluice, needed in flood defence, activities of the flood defence group and the fire defence organ for flood defence, cooperation and mutual assistance of one flood defence supervising body with other flood defence supervising bodies, and preparation and use of implements, materials and equipments necessary for the flood defence.

Chapter II Flood Defence Organization

(Responsibility for the Flood Defence) Article 3. The flood disaster prevention association shall take responsibility to accomplish fully the aim of the flood defence in its own area. 2 In the area where the flood disaster prevention association is not established, the city, town and village union, and in the area where neither the flood disaster prevention association nor the city, town and village union is established, the city, town or village shall take responsibility to accomplish fully the aim of the flood defence in the area of the city, town and village union or the city, town or village concerned. 3 To, Do, Fu and prefectures shall take responsibility to secure the flood defence in their areas to be accomplished fully by the flood defence supervising bodies.

(Designated Flood Defence Supervising Body) Article 4. Governor of To, Do, Fu or prefecture may designate the flood defence supervising body which has important interest in the public safety from the flood defence point of view.

(Organ for the Flood Defence) Article 5. The flood defence supervising body may have a flood defence group to cope with the flood defence affairs. 2 The flood defence supervising body, which has been designated in accordance with the provision of the preceding Article (hereinafter referred to as "the designated supervising body" ), shall, when it is deemed that the fire defence organ in its area can not fully cope with the flood defence affairs, establish the flood defence group. 3 The flood defence group and the fire defence organ shall act under the jurisdiction of the flood defence supervisor so far as the flood defence is concerned.

(Flood Defence Group) Article 6. The flood defence group shall consists of its chief and the members. 2 The affairs concerning the establishment, area and organization of the flood defence group and the fixed number, appointment and dismissal, allowance, aid and service of the chief and the members of the flood defence group shall be decided, in case of the flood disaster prevention association, by the resolution made by the association, while in case of the city, town and village union or of the city, town or village, by its by-laws.

(Flood Defence Plan of To, Do, Fu or Prefecture) Article 7. The governor of To, Do, Fu or prefecture shall, by referring to the To, Do, Fu or prefectural flood defence council, establish the flood defence plan of To, Do, Fu or prefecture concerned and shall get an approval of the Minister of Construction and report the approved flood defence plan to the Director of the National Fire Defence Agency, for the adjustment and smooth exercise of the flood defence affairs. 2 Regarding the flood defence in which not less than two of To, Fu and prefectures are interested, the governors of To, Fu and prefectures concerned shall establish the flood defence plans of To, Fu and prefectures concerned in accordance with the agreement made previously between each other.

(To, Do, Fu or Prefectural Flood Defence Council) Article 8. To investigate and deliberate on the flood defence plan of To, Do, Fu or prefecture and other important affairs concerning the flood defence, a To, Do, Fu or prefectural flood defence council shall be established in To, Do, Fu or prefecture. 2 The To, Do, Fu or prefectural flood defence council may give its opinion to the organs concerned on the flood defence. 3 The To, Do, Fu or prefectural flood defence council shall consist of one chairman and members not more than fifteen. 4 The post of chairman shall be filled by the governor of To, Do, Fu or prefecture. The members shall be appointed or commissioned by the prefectural governor from among the personnel of the administrative organ concerned, representatives of bodies relative to the flood defence and persons of learning and experience. 5 Necessary matters concerning the To, Do, Fu or prefectural flood defence council other than those prescribed in the preceding paragraphs, shall be stipulated by the To, Do, Fu or prefectural by-laws concerned.

Chapter III Flood Defence Activities

(Precautional Inspection of Rivers, etc.) Article 9. The flood defence supervisor, the chief of the flood defence group or the chief of the fire defence organ shall make a precautional inspection from time to time over rivers and sea coast embankment, etc. within the area and shall, as soon as he finds places deemed dangerous from the flood defence point of view, notify of it to the supervisor of rivers and sea coast embankment, etc. concerned and request him to take a necessary step.

(Weather Forecast) Article 10. When the chief of the Central Weather Bureau, the chief of the District Weather Office or the chief of the local observatory station deems the menace of flood or tidal wave possible judging from the prevailing weather conditions, he shall inform is to the Minister of Construction and the To, Do, Fu or prefectural governor concerned, and shall, as occasion demands, make it known to the public in general through the cooperation of broadcasting organs, newspaper offices, news agencies and other information organs.

(Traffic Priority) Article 11. When vehicles and horses marked with signs stipulated by the prefectural governor go out to take action for the flood defence, other vehicles, horses and pedestrians shall make way for their passage.

(Emergency Traffic) Article 12. The chief and the members of the flood defence group and the persons belonging to the fire defence organ may, when they proceed to the place where the flood defence is urgently needed, pass through the passage not used for the general traffic or the vacant lot and water surface not used for the public.

(Flood Defence Signal) Article 13. The governor of To, Do, Fu or prefecture shall establish signals to be used for the flood defence. 2 No person shall, without good reason, use the flood defence signals of the preceding paragraph or signals similar to these.

(Warning Area) Article 14. In those places for which the flood defence is urgently needed, the chief or the members of the flood defence group or persons belonging to the fire defence organ may establish a warning area, where persons not concerned with the flood defence may be prohibited or restricted from entering or may be ordered to leave. 2 In the places as stipulated in the preceding paragraph, national rural police officials or municipal police officials may, in case there are present neither chief nor members of the flood defence group nor persons belonging to the fire defence organ or in case it is requested by these, exercise the authority of persons prescribed in the same paragraph.

(Request for Assistance of National Rural or Municipal Police Officials) Article 15. The flood defence supervisor may, when he deems it necessary for the flood defence, request the chief of the police station to call out national rural or municipal police officials.

(Assistance) Article 16. In case of urgent need for the flood defence, the flood defence supervisor may request assistance from other flood defence supervisors, the mayor of the city, town or village, or the chief of the fire department. Those requested for assistance shall comply with such request as far as possible. 2 Persons despatched to give such assistance shall, so far as the matter is concerned with the flood defence, act under the jurisdiction of the flood defence supervisor who requested the assistance. 3 Bearing of expenses needed in assisting provided for in paragraph 1 shall be determined through the conference between the flood defence supervising body who asked for assistance and one who gave assistance.

(Flood Defence Duties of Inhabitants, etc.) Article 17. In case of inevitable need for the flood defence, the flood defence supervisor, the chief of the flood defence group or the chief of the fire defence organ may order the inhabitants who live within the area of the flood defence supervising body or persons around the spot of flood defence to engage in the flood defence work.

(Notification of Breakdown) Article 18. When an embankment or other other structure breaks down upon the flood defence, the flood defence supervisor, the chief of the flood defence group or the chief of the fire defence organ shall immediately notify of it to the persons concerned.

(Disposition after Breakdown) Article 19. Even in case the embankment or other structure broke down, the flood defence supervisor, the chief of the flood defence group or the chief of the fire defence organ shall make utmost efforts to prevent the extension of damage caused through inundation.

(Communication for Flood Defence) Article 20. All the persons shall cooperate so that the communication urgently needed for the flood defence may be sent through most speedily. 2 For the urgent communication required for the flood defence, the Minister of Construction, the To, Do, Fu or prefectural governor, the flood defence supervisor, the chief of the flood defence group, the chief of the fire defence organ or any persons, who are ordered by them, may have a priority over the use of the public communication facilities or may use the communication facilities of the police, weather bureau, railway, Japan Generation and Transmission Co., Ltd. or other private communication equipments.

(Obligation for Public Uses) Article 21. In case of impending need for the flood defence, the flood defence supervisor, the chief of the flood defence group or the chief of the fire defence organ may, at the spot, use necessary land for the time being, or may use or expropriate soil, stones, bamboos, trees and other materials, may use vehicles and horses or other implements or apparatus for transportation or may dispose of structures or other obstructions. 2 The flood defence supervising body shall compensate for the losses estimated in current prices to those who have sustained the losses as prescribed in the preceding paragraph.

(Warning for Evacuation) Article 22. In case an overflowing of flood or tidal wave menaces with imminent danger, the governor of To, Do, Fu or prefecture or the flood defence supervisor may personnel of To, Do, Fu or prefecture authorized by him direct the inhabitants, who live in the area deemed necessary, to leave the place for refuge. In case the flood defence supervisor gives the direction, he shall report it to the chief of police station who has the jurisdiction over the area concerned.

(Indication by the Prefectural Governor) Article 23. In case of urgent need for the flood defence, the governor of To, Do, Fu or prefecture may give indications to the flood defence supervisor, the chief of the flood defence group or the chief of the fire defence organ.

(Indication by the Minister of Construction on the Important Rivers) Article 24. In case of urgent need for the flood defence on the important river to secure the public safety, in which not less than two of To, Fu and prefectures are interested, the Minister of Construction may give indications to the governor of To, Do, Fu or prefecture, the flood defence supervisor, the chief of the flood defence group or the chief of the fire defence organ.

Chapter IV Organization and Activities of the Designated Flood Defence Supervising Body

(Flood Defence Plan) Article 25. The flood defence supervisor of the designated supervising body shall, by referring to the flood defence council of the body concerned, make the flood defence plan in conformity with the flood defence plan of To, Do, Fu or prefecture and shall get an approval of the governor of To, Do, Fu or prefecture.

(Flood Defence Council) Article 26. To make investigation and deliberation on the flood defence of the designated supervising body and on other important affairs concerning the flood defence, the designated supervising body shall have a flood defence council. 2 The flood defence council of the designated supervising body may give its opinion to the organs concerned on the flood defence. 3 The flood defence council of the designated supervising body shall consist of one chairman and members not more than twenty. 4 The post of chairman shall be filled by the flood defence supervisor of the designated supervising body. The members shall be appointed or commissioned by the flood defence supervisor of the designated supervising body from among the personnel of the administrative organ concerned, representatives of bodies relative to the flood defence and persons of learning and experience. 5 Necessary matters concerning the flood defence council of the designated supervising body other than those prescribed in the preceding paragraphs, shall be stipulated by the resolutions made by the association in case of the flood disaster prevention association, or by the by-laws in case of the city, town and village union or the city, town or village.

(Basis for Fixed Number of Members of Flood Defence Group) Article 27. To, Do, Fu or prefecture may, by its by-laws, stipulate basis for the fixed number of members of the flood defence group of the designated supervising body.

(Training of Flood Defence Group) Article 28. The designated supervising body shall practise a flood defence drill every year for training of the flood defence group and the fine defence organ.

(Notification of Weather Forecast) Article 29. The governor of To, Do, Fu or prefecture shall, on receipt of informations stipulated in Article 10, notify of the informed conditions to the flood defence supervisors of the designated supervising bodies concerned and to the custodians of the water-level gauge, the tide-gauge or other water-level observation equipments (hereinafter referred to as "the water-level gauge, etc." ) which are stipulated by the Ministry of Construction Ordinance (hereinafter referred to as "the custodian of water-level gauge" ).

(Notification of Water-Level) Article 30. The flood defence supervisor of the designated supervising body or the custodian of water-level gauge shall, when he learned of menace of flood or tidal wave or when he received informations stipulated in the preceding Article, and when he finds that the water-level on the water-level gauge, etc. exceeds the notification water-level laid down by the governor of To, Do, Fu or prefecture, notify the persons concerned of the situation of water-level, according to the requirements of the flood defence plan.

(Going Out of Flood Defence Group and Fine Defence Organ) Article 31. When the water-level rises up to the caution water-level laid down by the governor of To, Do, Fu or prefecture or when deemed necessary, the flood defence supervisor of the designated supervising body shall order the flood defence group and the fire defence organ to go into action.

Chapter V Sharing of Expenses

(Sharing of Expenses by Flood Defence Supervising Body) Article 32. Expenses needed by the flood defence supervising body for the flood defence shall be borne by the flood defence supervising body concerned.

(Sharing of Expenses by To, Do, Fu or Prefecture) Article 33. Expenses, needed for affairs conducted by To, Do, Fu or prefecture or the governor of To, Do, Fu or prefecture in accordance with the provisions of this Law, shall be borne by To, Do, Fu or prefecture concerned.

Chapter VI Miscellaneous Provisions

(Aid) Article 34. When any person, who engaged in the flood defence work in accordance with the provisions of Article 16 of Article 17, got hurt, seized with an illness or died due to that work, an allowance in aid is to be granted in accordance with the resolution made by the association in case of the flood disaster prevention association, or with the by-laws in case of the city, town and village union or the city, town or village.

(Report) Article 35. The Minister of Construction or the Director of the National Fire Defence Agency may request To, Do, Fu, prefecture or the flood defence supervising body to submit necessary reports relative to the flood defence. 2 The governor of To, Do, Fu or prefecture may request the flood defence supervising body in the district of To, Do, Fu or prefecture to submit necessary reports relative to the flood defence.

(Presentation of Data and Trespassing on Lands) Article 36. The governor of To, Do, Fu or prefecture or the flood defence supervisor may, when he deems it necessary for drawing up the flood defence plan, order the persons concerned to submit necessary data or may let the personnel concerned, the chief or the members of the flood defence group or persons belonging to the fire defence organ trespass on necessary lands. 2 When the personnel of To, Do, Fu or prefecture, the chief or the members of the flood defence group, or the persons belonging to the fire defence organ trespass on necessary land according to the provision of the preceding paragraph, they shall carry identification certificates with them and shall present those to the persons concerned when requested.

(Adjustment with the Fire Defence Affairs) Article 37. The flood defence supervisor shall, in respect to the disposal in cases of duplication in affairs between the flood defence and the fire defence other than the flood defence, make negotiation with the mayor of the city, town or village in advance.

Chapter VII Penal Provisions

Article 38. Any person, who, without good reasons, damaged or removed implements, materials or equipments for use of the flood defence which are managed by the flood defence supervising body, shall be subjected to imprisonment not exceeding three years, or a fine not exceeding 50,000 yen. 2 For the person prescribed in the preceding paragraph may, in consideration of the circumstances, be subjected to both imprisonment and a fine.

Article 39. Any person, who disregarded the prohibition or restriction from trespassing or the order of leaving the place stipulated in Article 14, shall be subjected to imprisonment not exceeding six months, or a fine not exceeding 10,000 yen, except the case coming under the provisions of Article 121 of the Criminal Code (Law No.45 of 1907).

Article 40. Any person coming under one of the following items shall be fined not exceeding 10,000 yen or shall be confined in custody: (1) Any person who, without good reasons, used implements, materials or equipments provided for use of the flood defence, which are managed by the flood defence supervising body, or interfered with the legitimate use thereof; (2) Any person who violated the provision of Article 13 paragraph 2; (3) Any person who neglected to submit data stipulated in Article 36 or submitted false data, or refused, prevented or evaded to trespass on the land as stipulated in the same Article.