The Fire Service Law (Law No.186 of 1948) shall be partially amended as follows:
The proviso to Article 4 paragraph 1 shall be amended as follows:
Provided that private homes shall not be entered unless the consent of the owner has been obtained or there is an emergency of grave danger of fire.
The proviso to paragraph 2 of the same Article shall be amended as follows:
Provided that this shall not apply where the object of the entry and inspection is a forest or where the person interested in the ship or vehicle, or ship moored to a dock or pier, or building or other structure has given consent, or where there is an emergency of grave danger of fire.
To the end of item 1 and item 2 of the same paragraph of the same Article, "or during the hours between dawn and sunset," shall be added;in item 3, "(consent of the persons concerned must be obtained in case of a private dwelling house)" , and the proviso shall be deleted and the following one paragraph shall be added next to paragraph 2, making paragraph 3 of the same Article paragraph 4 and carrying down the subsequent paragraphs by one consecutively:
In case, under any item of the preceding paragraph, an entry and inspection is made during the hours between dawn and sunset (excluding the hours open to the public or the working hours under item 1 and item 2 respectively) 48 hours'previous notice shall be given to the person concerned, provided that this shall not apply in case of the proviso to the preceding paragraph.
The following one Article shall be added next to Article 4:
Article 4-(2). The fire service executive chief or the chief of the fire station or mayors of cities, towns and villages where there is no fire defence headquarters, may, if it is specially necessary for the prevention of fire, despatch a member of the fire service corps under his jurisdiction, specifying the fire prevention objects and fixing the date or period, to make the entry and inspection prescribed in paragraph 1 of the preceding Article.
The provisions of the proviso to paragraph 1 of the preceding Article and the provisions of paragraphs 2 to 6 inclusive shall apply mutatis mutandis to the case prescribed in the preceding paragraph.
In Article 8, "place for the manufacture or disposal of dangerous objects" shall be amended as "place for the manufacture, storage or handling of dangerous objects" .
In Article 10 paragraph 1, "municipal by-laws" shall be amended as "the attached table" ; "shall not be stored or handled at places other than a storage depot," shall be amended as "shall not be stored at places other than the depot nor handled at places other than the manufactory, depot or place for handling" ;and "may be temporarily stored" shall be amended as "may be temporarily stored or handled" .
In Article 10 paragraph 4, Article 12 and Article 13 paragraph 1 and paragraph 3, "depot" shall be amended as "manufactory, depot and place for handling" .
In Article 11, "municipal by-laws" shall be amended as "the attached table" .
In Article 19, "and fire-fighting coatings, liquids and other fire-fighting chemicals" shall be added next to "equipments" and the following two paragraphs shall be added to the same Article:
The National Fire Defence Agency may, upon request, conduct tests for approval of machines, implements and equipments for fire defence and fire-fighting coatings, liquids and other fire-fighting chemicals.
Any person who intends to undergo the foregoing tests shall pay the fee specified in Cabinet Order.
In Article 22 paragraph 3, "or in case the meteorological condition is considered as unfavorable for the prevention fire" shall be added next to "On receipt of the notification of the preceding paragraph" .
Article 26 paragraph 2 shall be amended as follows:
Vehicles of fire departments may use sirens only when proceeding to the scene of a fire and when such use is specially necessary for training and the case has been notified to the public.
The following one paragraph shall be added to the same Article:
On their way back to the fire station or in any other cases, fire department vehicles shall use bells or horns for traffic warnings and abide by the general traffic regulations.
In Article 29 paragraph 1 and paragraph 2, "requisition" shall be deleted.
The last clause of Article 29 paragraph 1, shall be deleted, and in paragraph 2 of the same Article, "the fire service executive chief or the chief of a fire station" shall be amended as "the fire service executive chief or the chief of fire station, and in case of a city, town or village where no fire defence headquarters exists, the chief of the fire service corps" , and "the preceding paragraph" shall be amended as "the preceding two paragraphs" , paragraph 2 being made paragraph 3 and the subsequent paragraphs being carried down by one consecutively, and the following one paragraph shall be added next to paragraph 1:
If it is concluded, judging from the conditions of the fire, meteorology and other circumstances, as logically unavoidable in order to check the spread of flames, the fire service executive chief, the chief of the fire station or, in case of a city, town or village where no fire defence headquarters exists, the chief of the fire service corps may use, dispose of or restrict the use of the fire service objects liable to take fire, as well as the land on which such objects stand.
In Article 30 paragraph 1, "the fire service executive chief or the chief of the fire station may" shall be amended as "the fire service executive chief or the chief of the fire station or, in case of a city, town or village where no fire defence headquarters exists, the chief of the fire service corps may use the water supply resources, or," and in paragraph 2 of the same Article, "the chief of fire department or the chief of fire station" shall be amended as "the fire service executive chief or the chief of the fire station or, in case of a city, town or village where no fire defence headquarters exist, the chief of the fire service corps" .
Article 31 shall be deleted and Article 32 shall be made Article 31, and the following one Article shall be added next to the same Article:
Article 32. The fire service executive chief or the chief of the fire station may, if it is necessary for the investigation prescribed in the preceding Article, put questions to the persons concerned.
The fire service executive chief or the chief of the fire station may ask the government or municipal authorities concerned for a report on necessary matters for the investigation stated in the preceding Article.
In Article 34 paragraph 2, "paragraph 5" shall be amended as "paragraph 6" .
Article 35 shall be amended as follows:
Article 35. In case an incendiarism or a fire by negligence is suspected the primary responsibility for the investigation of the cause of the fire shall be upon the fire service executive chief or the chief of the fire station.
The fire service executive chief or the chief of the fire station shall, if he suspects a crime of arson or fire by negligence, notify it without delay to the police station concerned and, at the same time, shall collect necessary evidences and endeavor to keep them intact. He shall also observe the recommendation of the National Fire Defence Agency to cooperate in detecting the crime of arson or fire by negligence, if such recommendation has been given by the Agency.
The following two Articles shall be added next to Article 35:
Article 35-(2). The fire service executive chief or the chief of the fire station may, when national rural police officers or municipal police officers have apprehended a suspected arsonist or person who caused fire by negligence, or seized evidences of incendiarism or fire by negligence, put questions to the suspected person or inspect the evidences, until the case is transmitted to the prosecution official, in order to carry on the investigation prescribed in paragraph 1 of the preceding Article.
The question or inspection prescribed in the preceding paragraph is permissible only so far as it does not obstruct the detection of the crime by the police officers.
Article 35-(3). No provision in this Chapter shall be construed as to exempt any national rural police officer or municipal police officer from his responsibilities for detecting crimes (including crimes of arson and fire by negligence) and apprehending suspected criminals (including suspected arsonists and persons who caused fire by negligence).
The fire department personnel and the national rural police officers or municipal police officers shall mutually cooperate for their common objective of suppressing incendiarism and fire by negligence.
The items next to Article 40 paragraph 2, shall be transferred to paragraph 1 as the items of the same paragraph, and in item 1, "paragraph 1" shall be added next to "Article 26" , in item 3, "paragraph 4" shall be amended as "paragraph 5" and in paragraph 3 of the same Article, "the preceding paragraph" shall be amended as "paragraph 1" .
The items mentioned next to Article 41 paragraph 2 and Article 42 paragraph 2 shall be transferred to Article 41 paragraph 1 and Article 42 paragraph 1 as the items of paragraph 1 of the respective Article.
Article 45 and Article 46 shall be amended as follows:
Article 45. If any person representing a juridical person, or any agent, employee or any other person in the service of a juridical person or an individual person violates, in the execution of his business, any of the provisions of Article 10 paragraphs 1 to 3 inclusive, Article 11, Article 12 paragraph 1, Article 13, Article 14 paragraph 2 and Article 15, or the provisions of municipal by-laws issued under Article 16, the juridical person or the individual person shall be subjected to the fines prescribed in the corresponding provisions in this Law, besides punishing the actual offender;provided that this shall not apply for the juridical person or the individual person in case it is proved that considerable attention and supervision have been exercised over the business to prevent such violation on the part of the representative of the juridical person, or the agent, employee or any other person in the service of the juridical person or the individual person.
"Accompanying Table" shall be amended as follows:
Accompanying Table
Categories |
Items |
Volume or weight specified in Article 10 paragraph 1 and Article 11 |
First class |
|
|
Chlorates |
50 kg |
Perchlorates |
50 |
Peroxides-A |
50 |
Peroxides-B |
50 |
Nitrates |
1000 |
Permanganates |
1000 |
Second class |
|
|
Yellow phosphorus |
20 |
Phosphorous sulphide |
50 |
Red phosphorus |
50 |
Sulphur |
100 |
Metal powders-A |
500 |
Metal powders-B |
1000 |
Third class |
|
|
Metallic potassium |
5 |
Metallic sodium |
5 |
Calcium carbide (Carbide) |
300 |
Calcium phosphide |
300 |
Quick lime |
500 |
Fourth class |
|
Ethyl ether |
|
50 liter |
Carbon di-sulphide |
50 |
Collodion |
50 |
Acetone |
100 |
Acet Aldehyde |
100 |
First class petroleum |
100 |
Acetic esters |
200 |
Formic esters |
200 |
Methyl ethyl ketone |
200 |
Alcohols |
200 |
Pyridine |
200 |
Chlorobenzol |
300 |
Second class petroleum |
500 |
Turpentine oil |
500 |
Camphor oil |
500 |
Wood turpentine |
500 |
Third class petroleum |
2000 |
Animal and vegetable oil |
3000 |
Fifth class |
|
|
Nitric esters |
10 kg |
Celluloids |
150 |
Nitro compounds |
200 |
Sixth class |
|
|
Fuming nitric acid |
80 |
Fuming sulphuric acid |
80 |
Chloro-sulphuric acid |
80 |
Sulphuric anhydride |
80 |
Conc. nitric acid |
200 |
Conc. sulphuric acid |
200 |
Chromic anhydride |
200 |