Building Standard Law
法令番号: 法律第201号
公布年月日: 昭和25年5月24日
法令の形式: 法律

審議経過

I hereby promulgate the Building Standard Law.
Signed:HIROHITO, Seal of the Emperor
This twenty-fourth day of the fifth month of the twenty-fifth year of Showa (May 24, 1950)
Prime Minister　YOSHIDA Shigeru
Law No.201
Building Standard Law
Contents
Chapter I General Provisions(Articles 1-18)
Chapter II Building Site, Construction and Building Equipments(Articles 19-41)
Chapter III Roads and Wall Surface Lines(Articles 42-47)
Chapter IV Use Zone(Articles 48-54)
Chapter V Area, Height of Buildings and Open Space within Site(Articles 55-59)
Chapter VI Fire-Zone(Articles 60-67)
Chapter VII Scenic Area(Article 68)
Chapter VIII Building Agreement(Articles 69-77)
Chapter IX Building Review Board(Articles 78-83)
Chapter X Miscellaneous Provisions(Articles 84-97)
Chapter XI Penal Provisions(Articles 98-102)
Supplementary Provisions
CHAPTER I General Provisions
(Purpose)
Article 1.　The purpose of this Law is to establish the minimum standards concerning the site, construction, equipments and use of buildings to protect life, health and properties of the people, and thereby to contribute toward promoting the public welfare.
(Definition)
Article 2.　In this Law the meaning of the term used in any one of the following items shall be as defined in each respective item:
(1)　Buildings:　The structures fixed to the ground, those having roof and columns or walls as well as gate or fence attached thereto, structures for viewing, or offices, shops, showhouses, warehouses, and the like facilities within the structures underground or elevated, excepting facilities concerning safety for operation of railway and tramway within the railroad line land, and arch bridge, shed on platform, silo or other facilities of the similar type;
(2)　Special buildings:　Buildings used for the purpose of school, hospital, theatre, grand-stand or place for viewing, department store, dancing hall, public bathhouse, hotel, apartment house, dormitory, factory, warehouse, garage, storage house for dangerous articles, slaughter house, and the like;
(3)　Building equipments:　Equipments installed in building such as electric, gas, water supply lines, drains, ventilation, heating, cooling, fire-extinguishing, or facilities for waste disposal, or chimney, elevator, Lightning rod;
(4)　Living room:　Room continually used by a person or persons for the purpose of living, office work, shop work, meeting, entertainment, and the like;
(5)　Principal structural parts:　Walls, columns, floor, beams, roof or stairs excluding structurally unimportant parts of building such as partition walls, studs, attached columns, removable floor board, lowest floor, small beams, eaves, small stairs for local use, exterior stairs and parts of building similar to these;
(6)　Part liable to catch fire easily:　Part of building less than 3 meter for 1st story, less than 5 meter for 2nd story and more in distance from boundary line of adjacent land, center line of road or distance between enter line of walls of buildings constituting more than two houses in the same site (building with its total floor area less than 500 sq., meters shall be considered as one house) excluding, a part facing, however, such open space or water area as park, square, river, etc. or fire-proof walls, and the like effective for fire prevention;
(7)　Fire-proof construction:　Structure prescribed by Cabinet Order as having fire-proof quality such as reinforced concrete construction, brick construction, etc;
(8)　Fire-protecting construction:　Structure stipulated by Cabinet Order as having the fire-protecting quality such as cement finish on metal lath, plaster finish;
(9)　Incombustible materials:　Non-inflamable building materials such as concrete, bricks, tiles, asbestos plates, iron and steel, aluminium, glass, mortar, plaster, or others of the similar kind;
(10)　Plans and specifications:　Drawings (excluding full size drawings and others of the same kind) and specifications for the purpose of work for constructing, repairing or remodeling of buildings, installation of building equipments or construction of structures;
(11)　To construct:　To construct newly the building, to enlarge, to rebuild or to remove the same;
(12)　Major repair:　Repair of majority of principal Structural parts of building involving one class or more;
(13)　Major remodeling:　Remodeling of majority of principal structural part of a building involving one class or more;
(14)　Owner:　A person who orders the work of construction, repairing or remodeling by contract, or a person who undertakes the construction, repairing or remodeling without any contract;
(15)　Designer:　A person who prepared the plans and specifications;
(16)　Construction executor:　A contractor for work of construction, repairing or remodeling, or a person who carries out himself these works without resorting to contract;
(17)　City planning:　The city planning under the provisions of Article 1 of the City Planning Law (Law No.36 of 1919);
(18)　City planning district:　The city planning district under the provisions of Article 2 of the City Planning Law;
(19)　Administrative agency concerned:　The head of city, town or village concerned, regarding the district of the city, town or village where building official is, regarding districts of other city, town or village, and the governor of To, Do, Fu or prefecture.
(Exceptions of Application)
Article 3.　The provisions of this Law, and of orders and by-laws based on this Law shall not apply to the cases of construction, repairing or remodeling of the building, subject to the, provisions of the National Treasures Preservation Law (Law No.17 of 1929), the Historic Spot, Scenic Spot, National Memorial Preservation Law (Law No.44 of 1933), or the Law concerning Preservation of Important Arts (Law No.43 of 1933).
2　With regard to the buildings actually existing at the time of enforcement or application of the provisions of this Law, or of orders or by-laws based on this Law (hereinafter referred to as "existing building" ), when there are parts unconformable to these provisions, the said provisions shall not apply to the said parts, excepting the case where enlargement or remodeling, or major repairing or major remodeling is conducted for the same buildings.
3　With regard to the buildings actually under the work of construction, repairing or remodeling at the time of enforcement or application of the provisions of this Law, or of orders or by-laws based upon this Law, when there are parts unconformable to these provisions, the said provisions shall not apply to the said parts.
4　The provisions of Chapter III to Chapter VII inclusive the provisions of orders and by-laws based on these Chapters shall not apply in the outside of city planning district.
(Building Official)
Article 4.　City, town and village may, under the direction and supervision of its head, have its building official for taking the charge of the business concerning the confirmation under the provision of Article 6 paragraph 1.
2　In case the city, town or village desires to have its building official in accordance with the provision of paragraph 1, it shall confer with the prefectural governor respecting its establishment in advance.
3　When the conference mentioned in the provision of the preceding paragraph is duly finished, the head of the city, town or village shall make public notice for thirty days before establishing the building official, and shall, at the same time, notify thereof to the governor of To, Do, Fu or prefecture.
4　To, Do, Fu or prefecture shall, under the direction and supervision of the governor of To, Do, Fu or prefecture, have its building official for taking the charge of the business concerning the confirmation under the provision of Article 6 paragraph 1 within the area outside of the city, town or village where the building official has been established under the provision of the paragraph 1.
5　The head of city, town or village or the prefectural governor shall appoint its building official respectively among personnel of city, town or village or To, Do, Fu or prefecture who passed the examination on the qualification building officials.
6　The administrative agency concerned may divide the district under his jurisdiction into subdistricts where he may appoint the building official who assume the jurisdiction over the subdistricts.
(Examination of Qualification for Building Official)
Article 5.　The examination of qualification for building official shall be conducted along the knowledge and experience concerning building administration that the building officials should have.
2　The examination of qualification for building official shall be conducted by the Minister of Construction.
3　The examination of qualification for building official shall be given to the architects or those who have the equivalent practical experience who have more than two years experience in building administration or responsible technical position in building construction activities.
4　In order to take charge of the business concerning the examination of the qualification for building official, there shall be established in the Ministry of Construction the Commission for Examination of Qualification for Building Official.
5　The Minister of Construction shall appoint the members of the Commission for Examination of Qualification for Building Officials from among the learned and experienced persons concerning the building administration.
6　Other than provided in the preceding paragraphs concerning the procedures for examining of qualification for building official or other necessary matters respecting the examination of qualification of building official shall be prescribed in Cabinet Order.
(Application and Confirmation concerning Construction, etc. of Buildings)
Article 6.　The owner, in case he intends to construct buildings as referred to in items (1) to (3) inclusive (in case of enlargement, including the case where the buildings after enlargement attain the scope as referred to in items (1) to (3) inclusive), to carry out the major repairs or major remodelings of the same buildings or to construct buildings as referred to in item (4), shall, before starting the said construction, submit application to the building official and shall obtain his confirmation that the plans conform with the provisions of respective law, and of orders and by-laws based upon these laws concerning the sits, structure and building equipments of the said buildings. However, in case of enlarging or rebuilding buildings in the outside of fire-zone or quasifire-zone, the same shall not apply to the part of which to be enlarged or rebuild is less than 10 sq. meters in floor area:
(1)　Special building, used for the purpose of school, hospital, medical office, theatre, cinema house, entertainment hall, grandstand or place for viewing, Public hall, assembly hall, department store, market, public bathhouse, hotel, inn, lodging house, boarding house, apartment house, dormitory or garage, and the part of which available for the purpose exceeds 100 sq. meters in total floor area;
(2)　Wooden buildings of three or more stories, or having total floor area exceeding 500 sq. meters;
(3)　Buildings other than wooden constructions and two or more stories, or exceeding 200 sq. meters in total floor area;
(4)　Excluding the buildings as referred to in the preceding respective item, those buildings within the city planning district, or within the district designated, in the whole or a part thereof by the governor of To, Do, Fu or prefecture upon hearing the opinion of the town or village concerned.
2　In case the building official has received the applications under the preceding paragraph, he shall, regarding to those concerned with items (1) to (3) inclusive of the same paragraph within 21 days from the day of the receipt of the same and regarding to those concerned with item (4) of the same paragraph within 7 days from the day of the receipt of the same, deliberate if the plans, of the building included in the said application conform with provisions of the laws, and of orders and by-laws based on these laws concerning the site, structure and building equipments of the building concerned, and shall, if confirmation on conformity with these provisions is obtained on the basis of the result of the deliberation, notify the applicants to that effect in writing.
3　In the case of the preceding paragraph, the building official shall, when he deems that the plans involved in the said application do not conform with these provisions or he has good reasons for which he is unable to decide by the entries of the application whether these plans conform with the same provisions or not, notify the applicant concerned to that effect in writing together with the reason therefor within the period under the preceding paragraph.
4　Without confirmation under the provision of paragraph 1, construction of buildings under the same paragraph, major repairs or major remodeling thereof shall not be allowed.
5　Person who intends to apply for the confirmation under the provision of paragraph 1 shall pay in the fee to city, town or village concerned that related with the buildings within the area in the city, town or village where the building official is established and that for related to buildings in the area of the city, town or village other than mentioned above to To, Do, Fu or prefecture of the amount fixed by Cabinet Order within the scope of the amount \500 in the case of total floor area less than 100 sq. meters for the part concerned with the said construction, repairing or remodeling and in other cases not exceeding \3,000.
6　The application for the confirmation under the provision of paragraph 1 and the forms for notification under the provisions of paragraphs 4 and 3 shall be provided for by Ministry of Construction Ordinance.
(Inspection and Approval for Use of Building)
Article 7.　The owner shall, in case the work under the provision of paragraph 1 of the preceding Article has been completed, notify by writing the building official to the effect within four days from the day of completion.
2　In case the building official has received the notification under the provision of the preceding paragraph, the building official or public official of the city, town or village or To, Do, Fu or prefecture delegated the power by him shall, within seven days from the day of receipt of that notification, inspect the completed work as notified to see if the said work has been completed in conformity with the provisions of this Law mentioned in paragraph 1 of the preceding Article and of orders and by-laws based on this Law.
3　The building official or public official of the city, town or village or To, Do, Fu or prefecture delegated the power by him shall, when he has made the inspection under the provision of preceding paragraph and has deemed that the building concerned had been completed in conformity with the provisions of this Law and of two Law mentioned in paragraph 1 of the preceding Article and of orders and bylaws based on Law, grant the Certificate of Inspection Completed to the owner of the building concerned.
4　The owner of the buildings under items (1) to (3) inclusive of paragraph 1 of the preceding Article shall not use or shall not let use the building concerned unless he has been granted with the Certificate of Inspection Completed under the preceding paragraph. However, in case seven days has passed from the day on which was submitted the notification under the provision of paragraph 1, or in case the building official has approved the temporary use thereof, the owner may use or let use temporarily the building concerned even before the Certification of Inspection Completed is granted.
5　The paper for the notification under the provision of paragraph 1 and the form for grant of the Certificate of Inspection Completed under the provision of paragraph 3 shall be provided for by Ministry of Construction Ordinance.
(Maintenance of Public Safety)
Article 8.　The owner, custodian, occupant of building shall make efforts to maintain the site, structure, and building equipments of the building always in a state compatible with legal requirements.
(Disposal for Buildings in Violation)
Article 9.　Regarding the building in violation of the provisions of this Law, or of orders or by-laws based on this Law, the administrative agency concerned may, against the owner, constructor of construction work (including subcontractor of contract work), field supervisor of building work or owner, custodian or occupant of the same building, order suspension of construction work, or by giving him a reasonable period of time, order such disposals as demolition, removal, rebuilding, enlarging, repairing, remodeling, prohibition of use, restriction of use and others, of the building concerned, necessary for the correction of the violations against these provisions.
2　In case the administrative agency concerned intends to order the disposals under the preceding paragraph, he shall first deliver the notice in writing to the person to whom the agency intends to order the said disposal describing about the disposal and the reasons thereof.
3　Person who is delivered of the notification mentioned in the preceding paragraph, may request the administrative agency concerned to hold the public hearing within three days from the day of receiving the said notice.
4　When the administrative agency concerned receives the request for the hearing mentioned in the provision of the preceding paragraph, he shall hold the public hearing by requesting the presence of the person concerned with the disposal or his agent.
5　In case the administrative agency concerned is going to hold the hearing under the provision of the preceding paragraph, he shall notify the person prescribed in the preceding paragraph two days in advance of the time as to the disposal and the date and place of the hearing to be hold subject to order under the provision of paragraph 1, and he shall make public notice thereof at the same time.
6　Person under the provision of paragraph 4, in attending the hearing, may accompany with him witness and also may submit useful proofs for his benefit.
7　In case of emergency, the administrative agency concerned, if deemed necessary, may order temporarily the suspension of work, prohibition or limitation of use without going through all these procedures irrespective of the provisions of the preceding five paragraphs
8　Person who receives the order mentioned in the preceding paragraph may, within three days from the day of receiving the order, request the administrative agency concerned to hold the public hearing. In this case, the provisions of the paragraphs 4 to 6 inclusive shall apply mutatis mutandis. However, the hearing must be held within 10 days from the day of the request was filed.
9　The administrative agency concerned, if deemed that the temporary order given in accordance with the provision of paragraph 7 is not unreasonable as judged by the result of the hearing under the preceding paragraph, may give out the order mentioned in the paragraph 1. As the result of hearing, if the order temporarily given out under the provision of paragraph 7 is considered as unreasonable, said order shall be cancelled without delay.
(Disposal for Building Dangerous for Public Safety and Harmful for Health and Sanitation)
Article 10.　When the administrative agency concerned deems that the site of structure or building equipment of building do not conform with the provisions of Chapter II or the provisions of orders or by-laws based on the same Chapter, and that they are very dangerous for safeguarding or quite harmful for health and sanitation, he may, by allowing a reasonable period of time, order to the owner of the building concerned, custodian or occupant thereof, the demolition, removal rebuild, enlarging, repairing, remodeling, prohibition of use or restriction of use, in the whole or part of the same building.
2　The provisions of paragraphs 2 to 9 inclusive of the preceding Article shall apply mutatis mutandis to the case where the disposals under the preceding paragraph are given.
3　In the case of paragraph 1, the provision of Article 3 paragraph 2 shall not apply.
(Disposal for Buildings Failing to Conform with Provisions of Chapter III to Chapter VII Inclusive)
Article 11.　When the administrative agency concerned deems that the site, structure or use of existing buildings has become to fail to conform with the provisions of Chapter III to Chapter VII inclusive or the provisions of orders or by-laws based on these Chapter, and that it has become quite objectionable in view of public interest, he may, solely for the case the consent of the assembly of the city, town or village where the building concerned is located is obtained (or To, in case the building concerned is located in the district of special ward of To;hereinafter the same in this Article) and by giving a reasonable period of time, order to the owner of the buildings concerned, custodian or occupant thereof the disposals under the provisions of paragraph 1 of the preceding Article. In this case, the city, town or village where the building concerned is located shall compensate at current prices for the loss to be normally caused by the disposals based upon the order concerned.
2　In the case of the preceding paragraph, the provision of Article 3 paragraph 2 shall not apply.
3　In case a person who is entitled to the compensation mentioned in the provision of paragraph 1 has objection as to the amount of compensation in accordance with the procedure provided for by Cabinet Order, he may request the ruling of the Expropriation Council under the Eminent Domain Law (Law No.29 of 1900) within one month from the day of receipt of notification of the decision.
4　In case a person who is entitled to get the compensation under the provision of paragraph 1 has objection against the ruling under the preceding paragraph, he may bring suit to a court.
(Report, Inspection and Testing)
Article 12.　The administrative agency concerned or building official may request the report from the owner, supervisor or occupant of the building, the owner, designer of building or executer of construction of building as to site, construction, equipments or use of building, or plan for building work, or condition of execution of the work.
2　In case the public official of To, Do, Fu or prefecture who has been ordered by the administrative agency concerned, or the city, town or village established of the building official, or who has been delegated the power by the building official or building official intends to make confirmation, inspection or to give order under the provisions of Article 6 paragraph 2, Article 7 paragraph 2, Article 9 paragraph 1, Article 10 paragraph 1 or paragraph 1 of the preceding Article, he may enter the building concerned or the construction field thereof, and he may test or inspect the building, building equipment, building materials, plans and specification and other things concerned with the construction work. However, in case he wishes to enter the building actually used for the purpose of living place, he shall, in advance, obtain the consent of the occupant thereof.
(Carrying Certificate of Identification)
Article 13.　The public official of To, Do, Fu or prefecture who has been ordered by building official or the administrative agency concerned, or who has been delegated the power by the building official established city, town or village or the building official, in case he enters the building or construction field in accordance with the provision of paragraph 2 of the preceding Article, he shall carry with him the certificate of identification and shall show him the same when requested by the person concerned.
(Recommendation, Advice or Assistance of Governor of To, Do, Fu or Prefecture or Minister of Construction)
Article 14.　The head of the building official established city, town or village may request advice or assistance of the prefectural governor or the Minister of Construction necessary for the enforcement of this Law, and the prefectural governor, of the Minister of Construction.
2　The Minister of Construction may give necessary recommendation, advice, assistance or necessary references and data to the administrative agency concerned, and likewise the prefectural governor to the head of the city, town or village.
(Report and Statistics)
Article 15.　The owner, when he starts the construction work of building or he has demolished the building, shall notify the governor of To, Do, Fu or prefecture to that effect. However, in case the building concerned or the part of the work concerned is not exceeding 10 sq. meters in total floor area, the same shall not apply.
2　The mayor of the city, town or village and head of the special ward shall report the governor of To, Do, Fu or prefecture to that effect when buildings exceeding 10 sq. meters in total floor area within the district of the city, ward, town or village concerned have been lost by fire, earthquake, flood, storm and other calamities.
3　The governor of To, Do, Fu or prefecture, basing on the notifications and reports under the provisions of the preceding two paragraphs, shall prepare building statistics and shall deliver them to the Minister of Construction.
4　The procedure regarding the notifications, reports and preparation of building statistics and delivery thereof under the provisions of the preceding three paragraphs shall be provided for by Ministry of Construction Ordinance.
(Reports to Minister of Construction or Governor of To, Do, Fu or Prefecture)
Article 16.　The Minister of Construction to the administrative agency concerned and the prefectural governor to the head of the building official established city, town or village may request to submit the necessary statistics and other reports concerning the enforcement of this Law.
(Supervision over Administrative Agency Concerned, etc.)
Article 17.　In case the Minister of Construction deems that the disposal of the building official established in To, Do, Fu or prefecture is in violation of the provisions of this Law or orders based on this Law or he deems that the building official thereof is neglecting due disposal under the provisions thereof, he may order the governor of To, Do, Fu or prefecture concerned to take the necessary action with respect to its supervision.
2　In case the governor of To, Do, Fu or prefecture deems that the disposal of the building official established in the city, town or village is in violation of the provisions of this Law or orders based on this Law or he deems that the building official thereof is neglecting due disposal under the provision thereof, he may request the head of the city, town or village concerned to take the necessary action with respect to its supervision.
3　When the Minister of Construction, in case of the preceding paragraph, finds that the governor of To, Do, Fu or prefecture fails to do the given order, he himself may dispose the order under the same paragraph.
4　In case the Minister of Construction deems that the governor of To, Do, Fu or prefecture is in violation of the provisions of this Law or order based on the said Law, or in case he deems that the Agency is neglecting due disposal under the provisions thereof, he may, in accordance with the procedures prescribed in the provisions of Article 146 of the Local Autonomy Law (Law No.67 of 1947) order the matters to be conducted thereby, and request to bring the suit in a court.
5　In case the governor of To, Do, Fu or prefecture deems that the disposal of the head of the city, town or village that has its building officials is violating the provisions of this Law or the orders based on the said Law or in case he deems that the head is neglecting due disposal under the same orders, he may, in in accordance with the procedures prescribed in the provisions of Article 146 of the Local Autonomy Law, order the matters to be conducted thereby and request to bring the suit in a count, or may, by basing on the judgement of confirmation, conduct the matters concerned by himself instead of the head of city, town or village concerned.
(Special Case of Procedures concerning Confirmation, Inspection, Correction, Disposal of State, Prefectural or Building-Official Established City Town or Village Buildings)
Article 18.　The provisions of Article 6, Article 7, Article 9 and Article 10 shall not apply to the bildings of the State, To, Do, Fu or prefecture or building-official-established city, town or village. In this case, the provisions prescribed in the following paragraphs 2 to 7 inclusive shall apply.
2　When the owner mentioned in Article 6 paragraph 1 is State To, Do, Fu or prefecture or building-official-established city, town or village, the head of the organ of the State, To, Do, Fu or prefecture or city, town or village or the person delegated thereof shall, before starting the construction concerned, notify the building official respecting the said plans.
3　When the building official receives the notification mentioned in the preceding paragraph shall, within the period prescribed in Article 6 paragraph 2, check if the plans for the building concerned with the notification conform with the provisions of the laws or the orders or by laws based on the said laws respecting the site, structure and building facilities of the building concerned, and he shall notify the result thereof to the head of the organ mentioned in the preceding paragraph or the person delegated thereof.
4　The construction work of the building concerned with the notification of paragraph 2 shall not be done unless the notification stating that the plan for building concerned conforms with the provisions of the Law, orders and by-laws in accordance with the provision of the preceding paragraph.
5　When the construction concerned is completed, the head of the organ mentioned in paragraph 2 or the person delegated thereof shall notify the building official to that effect by means to reach him within four days after the day of completion of the work.
6　When the building official receives the notification prescribed in the preceding paragraph, the building official or the public official or the city, town or village concerned or To, Do, Fu or prefecture entrusted thereby shall, within seven days from the day of receipt of the, notification thereof, inspect if the notified completed work conforms with, provision of this Law and the orders and by-laws based on this Law.
7　The building official or the public officials of the city, town or village concerned or To, Do, Fu or prefecture who are delegated by him, in case the inspection has been done and the building concerned deemed as in conformity with the provisions of this Law and the orders and by-laws based on this Law, shall deliver the Certificate of Inspection Completed for approval to the head of the organ mentioned in paragraph 2 or to the person who is delegated by him.
8　The owner of building mentioned in Article 6 paragraph 1 items (1) to (3) inclusive, unless he is granted with the Certificate of Inspection Completed, shall not use or let use the building concerned. However, in case the period of seven days has elapsed from the day of notice being sent in accordance with the provision of paragraph 5, or in case the building official gives the approval for temporary use, he may use or let use the building concerned temporarily even before he is granted with the Certificate of Inspection Completed for approval.
9　In case the administrative agency concerned deems that the building of the State, To, Do, Fu or prefecture or building official-established city, town or village comes under the provision of Article 9 paragraph 1 or Article 10 paragraph 1, he shall immediately notify to that effect to the head of organ that manages and supervises the building concerned, and he, shall demand him to take necessary disposal by himself to meet the abovementioned provisions.
CHAPTER II Building Site, Construction and Building Equipments
(Sanitary and Safety for Building Site)
Article 19.　The building site shall be higher than the border of roads abutting on the site, and the ground line of building shall be higher than the surrounding ground. However, in the case where there is no trouble for draining within the site or where there is no necessity of damp-proofing in view of the use of the building, the same shall not apply.
2　In the case of constructing a building in wet land, land liable to be frequented by floods or land filled with rubbish and the like, the necessary disposals for sanitation or safety shall be taken such as earth-fill, improvement of ground and others.
3　In the building site, there shall be equipped with proper sewer pipe lines, sewer channels, catch basins and the like for draining out or disposing rain water and waste waters.
4　In case the building site is to be prepared in land where there is liability of break in embankment, landsliding, etc., the proper measures for safety such as retaining walls or others shall be taken.
(Strength of Construction)
Article 20.　The building shall be safely designed to stand against the external forces such as dead load, live load, snow load, wind pressure, earth pressure and water pressure as well as against earth-quake or other vibrations, and shocks.
2　In preparing plans and specifications regarding the buildings as referred to in Article 6 paragraph 1 item (2) or item (3), the safety of the construction concerned shall be ascertained by the structural calculation thereof.
(Principal Structural Parts of Building of Larger Scale)
Article 21.　No principal structural parts (excepting floor, roof and stairs) or the buildings exceeding 13 meters in height, 9 meters in eaves height or 3,000 sq. meters in total floor area shall be of wooden construction.
2　No principal structural parts (excepting floor, roof and stairs) of the buildings exceeding 13 meters in height or 9 meters in eaves height shall be built as stone construction, brick construction, concrete block construction, plain concrete construction or others of the similar construction. However, in the case where special measure for reinforcement has been taken and where the safety of the construction concerned has been ascertained by the structural calculation thereof, the same shall not apply.
(Roof)
Article 22.　The roofs of buildings within the districts designated by the administrative agency concerned, by obtaining the consent of the assembly of the city, town or village concerned regarding the urban area outside of fire-zone and quasi-fire-zone, shall be built of covered with incombustible materials. However, with regard to the roof, excepting its parts liable to catch fire easily, of the building such as teaceremony house, garden summerhouse and the like, or of the building such as storehouse, barn and the like not exceeding 10 sq. meters in total floor area, the same shall not apply.
(Exterior Walls)
Article 23.　If a part or parts of exterior walls of wooden buildings within the urban area under the preceding Article are liable to catch fire easily, the same shall be made with earth plaster or of the construction equal to or better effective than the earth plaster for preventing the spread of fire.
(Exterior Walls, etc. of Wooden Special Buildings)
Article 24.　A part or parts of exterior walls or under the eaves that may easily catch fire, of the wooden special buildings within the district of the urban area under Article 22, coming under any one of the following items shall be built of fire-protecting construction:
(1)　Those used for the purpose of school, theater, cinema, entertainment hall, grandstand or place for viewing, public hall, assembly hall, market, public bathhouse or garage;
(2)　Those used for the purpose of department store, apartment house, dormitory, hospital or warehouse having two stories and available part exceeding 200 sq. meters in sum total of floor areas.
2　The part of wall and ceiling (or, roof in the case where not ceiling exists) that faces the room, of the wooden special buildings within the district under the preceding Article, coming under one of the following items, shall be built of fire-protecting construction or shall be covered with the incombustible materials, woodfiber-cement board or the like or be painted with the fire-protecting paints:
(1)　Those used for the purpose of theatre, cinema house, entertainment hall, grandstand or place for viewing, public hall or assembly hall with the sum total of floor areas available for seatings more than 100 sq. meters;
(2)　Those used for the purpose of apartment house, dormitory or hospital with available part exceeding 200 sq. meters in total floor area;
(3)　Those used for garage.
(Exterior Walls, etc. of Large Scale Wooden Buildings)
Article 25.　A part or parts of walls or under the eaves that may easily catch fire, of the wooden buildings with the total floor areas (in case there are two or more wooden houses in the same site, the sum of their total floor areas) exceeding 1,000 sq. meters shall be built of fire resisting construction, and its roof shall be built of incombustible materials or covered therewith.
(Fire-wall)
Article 26.　The building exceeding 1,000 sq. meters in total floor area shall be effectively partitioned by effective fire-wall and the each section shall not exceed 1,000 sq. meters in total floor area. However, with regard to the buildings of which principal structural parts are of fireproof construction of built of incombustible materials, the same shall not apply.
(Fireproof Construction of Special Buildings)
Article 27.　The special buildings coming under any one of the following items shall have their principal structural parts built of fireproof construction. However, with regard to one story annexed building the total floor area of which is less than 50 sq. meters and the exterior walls and underneath-eaves of which are built of incombustible materials, or theatrical stage floor, the same shall not apply:
(1)　Those used for the purpose of theatre, cinema house, entertainment hall, grand-stand or place for viewing, public hall or assembly hall with total floor area available for seatings exceeding 200 sq. meters (in case of open air stand 1,000 sq. meters);
(2)　Those, the second floor of which is used for the purpose of hospital, apartment, dormitory, lodging house or warehouse and has the total floor area available for the purpose exceeding 400 sq. meters;
(3)　Those, of which the floor above the second is used for the purpose of school, hospital, theatre, cinema house, entertainment hall, grand-stand for place for viewing, public hall, meeting place, apartment or dormitory or lodging house;
(4)　Those, of which the floor above the second is used for the purpose of department store, market, exhibition hall, dancing hall, game house or warehouse'and has the total floor area available for the purpose exceeding 200 sq. meters;
(5)　Those used for the purpose of garage and housing with total of floor areas of the parts available for the use exceeding 300 sq. meters;
(6)　Those used for the purpose of storage Place or disposal plant of dangerous articles shown in the Annexed Table I, C-2 (excepting those, of which amount in storage and dangerous articles for disposal do not exceed the limit provided for by Cabinet Order).
(Lighting and Ventilation of Living Room)
Article 28.　The effective area of window and other opening for lighting of a living room shall, as compared with the floor area thereof, be more than 1/7 in the case of residence, be from 1/5 to 1/10, or larger than the ratio as provided for by Cabinet Order in the case of school, hospital, medical office, dormitory or lodging house and be more than 1/10 in the case of other buildings. However, with respect to the living room of cinema house, offices, shops and the like built within the underground structure, the same shall not apply.
2　The effective area of window and other opening for ventilation of a living room shall, as compared with the floor area thereof, be more than 1/20. However, in case there is installed with proper ventilation equipment, and there is no objection in view of sanitation, the same shall not apply.
3　Regarding the application of the provisions of the preceding two paragraphs, for two rooms partitioned by "Fusuma" , "Shoji" or the like freely openable or removable shall be regarded as a single room.
(Sunlight for Living Room or Residence)
Article 29.　Excluding the case under the special circumstances due to the conditions surrounding the site, the living rooms thereof more than one shall have an opening suitable for receiving sunlight.
(Prohibiting Living Room in Basement)
Article 30.　No living room of residence shall be provided in basement. However, in case there is a dry area in front of the living room and there is no objection in view of health and sanitation, the same shall not apply.
(Lavatory)
Article 31.　In the districts where the sewerage with filth disposal equipment may be used, Western style water-closet shall be installed.
2　When the filth of water-closet is to be drained into place other than the sewerage under the preceding paragraph, such septic tank as properly constructed in view of health and sanitation shall be provided.
3　The sewerage and the districts under paragraph 1 shall be designated by the administrative agency concerned.
(Electrical Equipments)
Article 32.　The electrical equipment in building shall be installed by the methods of construction as provided for in the provisions relating to the electrical construction and at the same time the safety and fire-prevention of the building called for in the provisions of laws or orders based thereon.
(Lightning-Conductor Installation)
Article 33.　The building higher than 20 meters shall be effectively installed with the lightning-conductor.
(Elevators)
Article 34.　The elevators to be installed in building shall be of safety construction and the surrounding walls of the lift-shaft and the openings thereof shall be of fireproof construction.
(Technical Standards concerning Refuge and Fire Extinguishing of Special Building, etc.)
Article 35.　With respect to special buildings to be used for schools, hospitals, theatres, cinema houses, entertainment halls, grand stands (KANRANJO), public halls, department stores, hotels, inns, lodging houses, apartment houses or dormitories or buildings the total floor area (in case there are more than two wooden buildings in the same site, the sum of total floor areas) of which exceeds 1,000 square meters, the facilities of refuge such as corridors, stairs, doorways and other, those for fire-fighting such as fire-plugs, sprinklers water-tanks and others, and passages within the site necessary for refuge or fire-fighting shall be constructed in order not to hinder the purpose of refuge or fire-fighting, under the technical standards fixed by Cabinet Order.
(Technical Standards Necessary for Enforcing Provisions of This Chapter or for Supplementing Them)
Article 36.　With respect to the structural methods necessary for safeguarding of building, methods of structural calculation, light area of living room, height of ceiling and floor, damp-proofing method of floor, structure of stairs and watercloset, fire-wall, fire-partition, fire-extinguishing facilities, installation and structure of lighting-equipments, water-supply, drainage system, methods of construction for piping work, structures of chimney and elevator, the technical standards necessary for enforcing or supplementing the provisions of this Chapter regarding safety, sanitation and fire-prevention shall be prescribed by Cabinet Order.
(Quality of Building Materials)
Article 37.　The quality of building materials such as steel materials, cement and others to be used for the footing and principal structural parts of a building shall conform to the standard of Japanese engineering standard prescribed by the Minister of Construction.
(Special Materials or Methods of Construction)
Article 38.　The provisions of this Chapter or of orders or by-laws based thereon shall not apply to the special building materials or the methods of construction in case the Minister of Construction deems that the said building materials or methods of construction are equal or superior to those under these provisions.
(Calamity Danger District)
Article 39.　The local public body may, by respective laws, designate the district exposed to frequent danger due to tidal wave, high tide, floods, etc. as Calamity Danger District.
2　The prohibition of building of buildings for use of dwelling purpose within Calamity Danger, District, and other restrictions concerning the building of buildings within the same District and necessary for the prevention of calamity, shall be provided for in the by-law under the preceding paragraph.
(Additional Restriction by By-law of Local Public Body)
Article 40.　In case the local public body deems that the provisions of this Chapter or orders based thereon cannot fully achieve the purpose of safety, fire prevention and sanitation of buildings due to the speciality of the respective local weather or climate or the use or scope of special buildings, it may prescribe by its by-law the additional restriction necessary for safety, fire-prevention, sanitation as to the site, construction or building equipments of the building.
(Alleviation of Restrictions by By-law of City, Town or Village)
Article 41.　In the district outside of the district under the provision of Article 6 paragraph 1 item (4), when city, town or village deems it necessary on account of the condition of land, it may, by obtaining the consent of the Minister of Construction, by limiting the district by its by-law, not apply the whole or the part of the provisions of Article 19, Article 21 paragraph 1, Articles 26 to 30 inclusive and Article 36, or it may alleviate the restrictions under those provisions. However, with regard to the buildings under Article 6 paragraph 1 items (1) and (3), the same shall not apply.
CHAPTER III Roads and Wall Surface Lines
(Definition of Roads)
Article 42.　The roads mentioned in the provisions of this Chapter and Chapter V shall mean those wider than 4 meters in width and coming under any one of the following items:
(1)　Roads specified in Article 1 of the Road Law (Law No.58 of 1919);
(2)　Roads constructed under the City Planning Law;
(3)　Roads actually existing at the time when the provisions of this Chapter and Chapter V have come to apply;
(4)　Roads under the work plans for new construction or changing under the Road Law or City Planning Law, and designated by the administrative agency concerned with expectation to execute the work within two years;
(5)　Road to be constructed not under the Road Law or under the City Planning Law in order to the land as building sites and the locations of which have been designated by the administrative agency concerned to the person who intends to construct the same.
2　The roads less than 4 meters and more than 1.8 meters in width abutted by rows of buildings at the time when the provisions of this Chapter and Chapter V have come to apply and designated by the administrative agency concerned shall, regardless of the provision of the preceding paragraph, be regarded as those under the same paragraph, and the lines obtained by measuring horizontally two meters from the center of the roads shall be considered as boundary lines of the same.
(Relation between Site and Roads)
Article 43.　Building site shall abut on a road two meters or more. However, in the case where there is wide open space surrounding the building and where there is no objection for safety under the similar conditions, the same shall not apply.
2　In case the local public body deems that the provision of the preceding paragraph can not fully achieve due to the speciality of use or scope of the buildings such as those under the provisions of Article 35 or garage, the purpose of refuge or traffic safety, it may prescribe by its by-law the additional restrictions necessary for the width of roads which the sites abutting the roads or other relations between these sites and roads.
(Building Restriction within Roads and within Limit of Boundary of Planned Road)
Article 44.　Buildings or retaining walls for preparing sites shall not be built nor constructed within road or beyond the same sites. However, with regard to those built underground or public lavatory, police box, promenade for public use or the like necessary for public interest, and when it gives no hindrance to traffic the same shall not apply.
2　Within the limit of planned road (excluding those falling under Article 42 paragraph 1 item (4)) as the city planning and approved by the Cabinet, the building coming under any one of the following items shall not be built unless the same can be easily removed or demolished:
(1)　Building, having the story not more than 2 and no basement;
(2)　Building, of which principal structural parts are of wood, steel, concrete block construction or other construction similar thereto.
(Restriction of Alteration or Abolishment of Private Road)
Article 45.　In case the site abutting the private road becomes to be contarary to the provisions of the by-law based upon the provision of Article 43 paragraph 1 or paragraph 2 by the alteration or abolishment of the same road, the administrative agency concerned may prohibit or restrict the alteration or abolishment of the same road.
2　The provisions of Article 9 from paragraph 2 to paragraph 6 inclusive shall apply mutatis mutandis in the case of giving order for disposal under the preceding paragraph.
(Designation of Wall Surface Line)
Article 46.　The administrative agency concerned when deems it necessary for the purpose of arranging the locations of buildings in the street block and promote the environment thereof, if may designate the wall surface line by obtaining the consent of the Building Review Board. In this case, it shall first hold the public hearing by requesting the presence of person interested about the designation.
2　In case of holding the hearing under the provision of the preceding paragraph, it shall be required to give public notice three days in advance of the time respect to the plan of designation and date and place of holding the hearing in accordance with the provision of the preceding paragraph.
The administrative agency concerned, shall, without delay, give out public notice to that effect in case the designation has been made under the provision of paragraph 1.
(Building Restriction by Wall Surface Line)
Article 47.　The wall or columns taking its place in the building shall not be constructed extended over the wall surface line. However with respect to the underground parts, the gate and fence of height less than two meters the same shall not apply.
CHAPTER IV Use Zone
(Use Zone)
Article 48.　The Minister of Construction may, within the city planning district, designated residential zone, commercial zone, quasi-industrial zone or industrial zone (hereinafter referred to as "use zone" collectively) as facilities of the city planning in accordance with the procedures prescribed by the City Planning Law.
2　When the Minister of Construction designates in accordance with the provision of the preceding paragraph, he shall do so basing on the request of the city, town of village concerned.
3　The Minister of Welfare may when deemed it necessary, submit his opinion concerning the designation of use zone to the Minister of Construction.
(Building Restrictions within Use Zone)
Article 49.　Within the residential zone, the buildings as referred to in the Annexed Table I paragraph (a) shall not be built. However, in the cases where the administrative agency concerned has given the permission by deeming it is not in danger of disturbing peace and order of dwelling or deeming it indispensable in view of public interests, the same shall not apply.
2　Within the commercial zone, the buildings as referred to in the Annexed Table I paragraph (b) shall not be built. However, in the cases where the administrative agency concerned has given the permission by deeming it is not in danger of harming the conveniences of commercial needs or deeming it indispensable in view of public interests, the same shall not apply.
3　Within the quasi-industrial zone, the buildings as referred to in the Annexed Table I paragraph (c) shall not be built. However, in cases where the administrative agency concerned has given the permission by deeming it low dangerous to the safety or fire-prevention or low harmful to the sanitation of deeming it indispensable in view of public interests, the same shall not apply.
4　Within the industrial zone, the buildings used for the purpose of school, hospital, theatre, cinema house, entertainment hall, restaurant or hotel shall not be built. However, in the cases where the administrative agency concerned has given the permission by deeming it necessary for benefit and convenience of industry or for public interests, the same shall not apply.
(Area for Exclusive Use)
Article 50.　The Minister of Construction may, when deemed it necessary for protecting and preserving atmosphere of surroundings of dwellings, within the residential zone, designate exclusive residential use area as facilities of the city planning in accordance with the procedures prescribed by the City Planning Law.
2　Within the area under the preceding paragraph, the buildings other than those as referred to in the Annexed Table II paragraph (a) shall not be built. However, in the cases where the administative agency concerned has given the permission by deeming it is not in danger of harming the atmosphere of dwelling or deeming it indispensable in view of public interests, the same shall not apply.
3　The Minister of Construction may, when deemed it necessary for promotion of industrial interests and convenience, within the industrial zone, designate exclusive industrial use area as facilities of the city planning in accordance with the procedures prescribed by the City Planning Law.
4　In the area under the preceding paragraph, the buildings as referred to in the Annexed Table II paragraph (b) shall not be built. However, in the cases when the administrative agency concerned has given the permission by deeming it is not in danger of harming the industrial interests and convenience or deeming it indispensable in view of public interests, the same shall not apply.
5　The provision of Article 48 paragraph 2 shall apply mutatis mutandis to the case of designation mentioned in paragraph 1 or paragraph 3.
(Alleviation of Restrictions on Existing Buildings in Use Area or Exclusive Use Area)
Article 51.　The existing buildings not in conformity with the provisions of Article 49 or paragraph 2 or paragraph 4 of the preceding Article, may be enlarged, rebuilt or the use thereof may be changed within the scope prescribed by Cabinet Order, regardless of these provisions (including the case they are applied mutatis mutandis in Article 87 paragraph 2).
(Special Use Area)
Article 52.　The Minister of Construction may, when deemed it necessary for the city planning, disignate in the use zone the special use area such as special industrial area, cultural area and others as facilities of the same planning in accordance with the procedures prescribed by the City Planning Law.
2　The provision of Article 48 paragraph 2 shall apply mutatis mutandis to the case of designation mentioned in the preceding paragraph.
3　In the special use area, the necessary provisions concerning restriction or prohibition of construction buildings for the purpose of designating the area shall, unless otherwise provided for by Article 49 and Article 50 paragraphs 2 and 4, be prescribed by by-law of the local public body.
(Locations of Special Buildings)
Article 53.　Buildings used for the purpose of crematory, slaughter house, wholesale market, isolation hospital, wastes incinerator or refuge disposal plant shall not be built unless permit of the administrative agency concerned with respect to location of the site has been given. However, with respect to those, the location of which has been determined under city planning, the same shall not apply.
2　The administrative agency concerned may, if he deems it will cause come troubles for city planning, refuse the permission under the preceding paragraph.
(Hearing and Consent of Building Review Board)
Article 54.　In case the administrative agency concerned gives the permission under the provisions of proviso to each paragraph of Article 49, proviso to Article 50 paragraph 2 or paragraph 4, or paragraph 1 of the preceding Article it shall in advance hold the public hearing by requesting the persons interested to be present, and also obtain the consent of the Building Review Board.
2　The provisions of Article 46 paragraph 2 shall be applied mutatis mutandis in case of the public hearing mentioned in the preceding paragraph.
CHAPTER V Area, Height of Buildings and Open Space within Site
(Ratio of Area of Building to Area of Site)
Article 55.　Building aras of buildings, (in case there are more than two houses in the same site composing a building, the total of building areas;hereinafer the same for this Chapter) within residential zone, quasi-industrial zone, or industrial zone shall not exceed 6/10 of area of site minus 30 sq. meters and that within commercial zone or in district the use of which is not designated shall not exceed 7/10 of area of site;provided, the same shall not apply to those buildings such as public lavatory, police box, public promenade and the like.
2　In applying the provision of the preceding paragraph, regarding the buildings coming under either of following item (1) or (2), "6/10" in the same paragraph shall read "7/10" and "7/10" shall read "8/10" respectively, and regarding the buildings coming under items (1) and (2), "6/10" in the same paragraph shall read "8/10" and "7/10" shall read "9/10" respectively:
(1)　Buildings within the fire-zone whose main structural parts are of fire-proof construction;
(2)　Buildings within site at corner lot of street block or within site under similar nature, and which are to be designated by the administrative agency concerned.
(Vacancy Area)
Article 56.　The Minister of Construction, when deems it necessary for protecting and preserving atmosphere of surroundings of dwellings, may designate vacancy area within residential zone enumerated in (a) of the Annexed Table III, in accordance with the procedure as provided for by the City Planning Law, as the facilities under city planning.
2　The provision of Article 48 paragraph 2 shall be applied mutatis mutandis in case of making the designation of the preceding paragraph.
3　In vacancy area as enumerated in each item of (a) of the Annexed Table III, the ratio of floor area of buildings (in case there is a building composed of more than two houses in the same site, the sum of the floor areas thereof) to the area of site shall be less than the limit as enumerated in the respective item of (b) of the same Table and the ratio of building area to the area of site shall be less than the limit as enumerated in the respective item of (c) of the same Table.
4　In varancy area as enumerated in each item of (a) of the Annexed Table III, the horizontal distance from the external face of wall of the building or the face of column taking its place shall not be less than the limit as enumerated in the respective item of column (d) of the same Table.
(Limit of Height)
Article 57.　The height of buildings in residential zone shall not exceed 20 meters and in zone or district other than residential zone not 31 meters;provided that the same shall not apply to the cases which fall under the following items and where the permit has been granted by the administrative agency concerned:
(1)　The case where there are around the building a large park, square, wide roads and other open spaces, and deemed to have no objections from standpoint of traffic, safety, fire-protecting and sanitation;
(2)　The case deemed to be indispensable on account of the use of building such as industrial building and the like.
2　When the administrative agency concerned intends to grant the permit in accordance with the provision of the proviso of the preceding paragraph, it shall first obtain the consent of the Building Review Board.
(Relation between Hieght and Width of Road)
Article 58.　Height at each part of building shall be less than 1.5 times the horizontal distance from that part to the boundary line of opposite side of the front road, and at the same time it shall be less than 1.5 times the width of that road plus 8 meters.
2　In the residential zone, in applying the provision of the preceding paragraph, "1.5 times" shall read "1.25 times" .
3　In the case where a building site abuts on more than two roads, or Where it abuts on parks, square, sea and the like, where the difference of height between the site and the road abutting thereon is quite large, or in other special cases, the measures for alleviation of the application of the provisions of the preceding two paragraphs shall be prescribed by Cabinet Order.
(Height Area)
Article 59.　The Minister of Construction may, when deemed it necessary for city planning or for purpose of utilization of land, in accordance with the procedure as provided for by the City Planning Law, designate height area as the facilities under city planning, and may fix the maximum height or minimum height of buildings within the said area.
2　The provision of Article 48 paragraph 2 shall apply mutatis mutandis to the case of designation mentioned in the preceding paragraph.
CHAPTER VI Fire-Zone
(Designation of Fire-Zone and Quasi-Fire-Zone)
Article 60.　The Minister of Construction may, within city planning district, in accordance with procedures as provided for by the City Planning Law, designate fire-zone or quasi-fire-zone as the facilities under city planning.
2　The provision of Article 48 paragraph 2 shall be applied mutatis mutandis in case of desigantion of the preceding paragraph.
3　When the Minister of Construction makes the designation under the provision of paragraph 1, he shall hear the opinion of the President of the National Fire Board in advance.
(Buildings within Fire-Zone)
Article 61.　Within fire-zone, main structural parts of a building exceeding 100 sq. meters in floor area and external walls of other building shall be built of fire-proof construction;provided that the same shall not apply to those coming under one of the following items:
(1)　One story annexed building the total floor area of which is less than 50 sq. meters, and the exterior walls and underneath eaves of which are built of fire-protecting construction;
(2)　Shed of wholesale market or other buildings similar thereto whose principal parts are built of non-combustible materials;
(3)　Gates or fences exceeding 2 meters in height and constructed covered with non-combustible materials;
(4)　Gates or fences lower than 2 meters.
(Buildings within Quasi-Fire-Zone)
Article 62.　The main structural parts of buildings within quasi-fire-zone with more than three stories or the floor area of which exceeds 500 sq. meters shall be built of fire proof construction;provided that the same shall not apply to those coming under item (1) of the proviso to the preceding Article.
2　The parts of exterior walls or under-neath eaves of wooden buildings in quasi-fire-zone which are liable to catch fire easily shall be built of fire-protecting construction;provided that the same shall not apply to item (4) of the proviso to the preceding Article.
(Roof)
Article 63.　Roofs of buildings within fire-zone or quasi-fire-zone other than those of fire-proof construction shall be constructed or covered with non-combustible materials.
(Fire-proofing of Opening)
Article 64.　The openings in exterior walls liable to catch fire easily of buildings within fire-zone or quasi-fire-zone shall be equipped with fire doors and other fireproof equipments constructed in accordance with the provisions of Cabinet Order.
(Exterior Walls Abutting on Adjacent Boundary Lines)
Article 65.　The exterior walls of fire-proof construction of buildings in fire-zone or quasi-fire-zone may be built abutting on the boundary line of adjacent lot.
(Fire Prevention Measures for Sign Board, etc.)
Article 66.　The main parts of sign board, advertisement, tower, decoration tower or other similar articles constructed on the roof of a building or exceeded 3 meters in height shall be constructed or covered with noncombustible materials.
(Disposal of Case Where Building Extends Over Fire Zone and Quasi-Fire-Zone)
Article 67.　In the case where a building extends over fire zone or quasi-fire-zone and the districts not designated as these zones the provision concerning buildings in respective fire zone and quasi-fire-zone shall be applied to the whole part by parts respectively. However, where the building is partitioned by fire wall either in fire zone or in quasi-fire-zone, the part outside of the fire wall shall be excepted.
2　In case where a building extends over fire zone and quasi-fire-zone, the provision concerned with the buildings in the fire-zone shall apply to the whole part of the building. However, in case the building is partitioned by a fire wall in the part outside of the fire zone, the part outside of the fire wall shall apply the provisions concerning the buildings within the quasi-fire-zone.
CHAPTER VII Scenic Area
(Scenic Area)
Article 68.　When the Minister of Construction deems it necessary for maintaining a good appearance of city streets, he may designate scenic area in accordance with the procedures as provided for by the City Planning Law, within city planning district as the facilities under city planning.
2　The provision of Article 48 paragraph 2 shall be applied mutatis mutandis in case of the designation of the preceding paragraph taking place.
3　The restrictions on site, construction or construction equipment of building necessary for preservation of beauty within scenic area shall be provided for by by-law of the local public body.
CHAPTER VIII Building Agreement
(Purpose of Building Agreement)
Article 69.　City, town or village (or To in area where special wards of To exist) may, when it deems necessary for promotion of utilization of buildings and for improvement of aspect of the area such as maintaining and promoting in the highest degree the atmosphere of residential area or the convenience of commercial street section, provide by its by-law to the effect that land owners, superficiaries with the purpose of owing building and lessees (hereinafter referred to as "land owner, etc." ) can make the agreement among them of the standard concerning site, location, construction, form design or construction equipment of building by fixing a certain area of the land which is made the object of the said right.
(Application for Approval of Building Agreement)
Article 70.　Person who intend to make the agreement concerning building in accordance with the provisions of the preceding Article (hereinafter referred to as "building agreement" ), shall draw up, by mutual consent of all the parties concerned, the written building agreement stating therein the area of the land which is made the object of the agreement (hereinafter referred to as "building agreement area" ), the standard concerning building, the effective period of the agreement, the measures against the violation of the agreement, and the representative of them shall submit the same to the admistrative agency concerned for its approval.
2　In case of submitting a building agreement in accordance with the provision of the preceding paragraph, if the building agreement district concerned is in outside of the district of the city, town, or village, it shall be required to go through the head of city, town or village where the area is located (including the special district;hereinafter the same in this Chapter).
(Public Notice of Building Agreement Applied)
Article 71.　The mayor of city, town or village shall, in case the written building agreement under the provisions of the preceding Article has been submitted, make, without delay, the public notice to the effect, and providing reasonable period not less than 20 days, permit the person concerned the inspect freely.
(Public Hearing)
Article 72.　The head of the city, town or village shall, after the end of the inspection period mentioned in the preceding paragraph, hold a public hearing by requesting the presence of the interested persons.
2　The head of city, town or village outside of the building-official established city, town or village shall, after the termination of the hearing under the preceding paragraph, deliver, without delay, the written building agreement concerned with table opinion on it and the written record of hearing under the provisions of the preceding paragraph to the governor of To, Do, Fu or prefecture.
(Approval of Building Agreement)
Article 73.　When the administrative agency concerned has deemed that the building agreement concerned did not unreasonablly restrict the utilization of the land or building which as made the object of the building agreement concerned, and at the same time conformed with the purpose under Article 69, he shall grant the approval to the building agreement concerned.
2　When the administrative agency concerned has granted the approval under the preceding paragraph, he shall, without delay, make public notice to that effect, and send one copy of the written building agreement, if the building agreement concerned is related to the district outside of the building-official established city, town or village, to the head of city, town or village where the building agreement area is located.
3　The head of the city town or village who has granted the approval in accordance with the provision of paragraph 1 or the head of city, town or village who has received the written building agreement in accordance with the provision of the preceding paragraph, shall keep said building agreement in the office of the city, town or village concerned for inspection of general public.
(Alteration of Building Agreement)
Article 74.　When the land owner, etc. within the building agreement area intend to alter the building agreement area, the standard for the building, the effective period or the measures against the violation of agreement relating to the building agreement approved in accordance with the provision of paragraph 1 of the preceding Article, they shall decide to that effect by mutual consent of the whole members and apply with the administrative agency concerned for his approval.
2　The provisions of the preceding four Articles shall apply mutatis mutandis to the procedures for the approval under the preceding paragraph.
(Effect of Building Agreement)
Article 75.　The approved building agreement of which was made public notice in accordance with the provisions of Article 73 paragraph 2, or paragraph 2 of the preceding Article which shall apply mutatis mutandis to this, shall be effective to the land owner, etc. within the building agreement area concerned after the day of its public notice.
(Abolishment of Building Agreement)
Article 76.　When the land owner, etc. within the building agreement area intend to abolish the building agreement approved in accordance with the provision of Article 73 paragraph 1, they shall decide to that effect by the mutual consent of the majority of the members and apply with the administrative agency concerned for his approval.
2　The administrative agency concerned shall, when he has granted the approval under the preceding paragraph, make public notice to that effect without delay.
(Position of Lessee of Building)
Article 77.　In case the standard regarding the building which was made the object of the building agreement has happened to concern with the right of lessee of the building, the lessee of the building concerned shall be treated as land owner, etc, as far as the said building agreement is concerned.
CHAPTER IX Building Review Board
(Building Review Board)
Article 78.　In the city, town or village where established the building official and To, Do, Fu and prefecture shall establish their Building Review Board for the purpose of giving the decision and consent prescribed in this Law as well as to conduct the deliberation on the important matters for enforcement of this Law as answers to the inquiries of the administrative agencies concerned.
2　This Building Review Board, in addition to conducting the business under the provision of the preceding paragraph, may make suggestions to the administrative agency concerned on the matters concerning the enforcement of this Law.
(Organization of Building Review Board)
Article 79.　The Building Review Board shall be composed of five or seven members.
2　The members of the Building Review Board shall be appointed from among the learned and experienced persons concerning building, city planning, public sanitation and/or administration by its head in case of the city, town or village, by the governor in case of To, Do, Fu or prefecture with obligation to obtain the consent of the assembly of each respective city, town or village and To, Do, Fu or prefecture concerned. However, the one half of the members shall be persons who have knowledge and experience of high standing concerning the buildings.
3　The members of the Building Review Board of the city, town or village shall not be the members of the prefectural Building Review Board on vice versa.
(Term of Members)
Article 80.　The term of the members shall be two years. However, the term of the member taking the place of vacant member shall be the remaining term of said vacant member.
2　The members may be re-appointed.
(President)
Article 81.　The Building Review Board shall have its president. The President shall be elected between the members.
2　The president shall preside over the affairs of the Board, and shall represent the Building Review Board.
3　In absence or inability of the president, one of the members selected between the members in beforehand shall act in his stead.
(Rejection of Members)
Article 82.　The member, regarding the matter related with the interest of himself or to the relative of third degree shall not take any part in conference or discussion for giving judgment or consent prescribed in this Law.
(Entrusting to By-laws)
Article 83.　In addition to what prescribed in this Chapter, the necessary matters concerning the Building Review Board, such as the organization of the Building Review Board, procedures of meeting, compensation and payment of expenses incurred and others, shall be provided for in the by-laws.
CHAPTER X Miscellaneous Provisions
(Building Restriction in Afflicted Urban Area)
Article 84.　In case any calamity occured in an urban area, when the administrative agency concerned deems it necessary for city planning or land replotting under Article 12 of the City Planning Law, he may designate the area, and during the period within one month after the occurrence of the calamity, restrict or prohibit the construction of buildings in the area.
2　The administrative agency concerned may upon obtaining the approval of the Minister of Construction, extend the period under the preceding paragraph within the limit not exceeding one month.
(Alleviation of Restrictions for Temporary Buildings)
Article 85.　In the case of the occurrence of serious calamity, the provisions of this Law, or of orders or by-laws based on this Law shall not apply to the urgent repair of the building damaged by the calamity, of the construction of those emergency temporary buildings coming under any one of the following items, the construction work of which will begins within one month after the occurrence of calamity, in the districts designated by the administrative agency concerned upon obtaining the approval of the Minister of Construction within the area where the calamity was occurred or the area adjacent thereto. However, in case it is to be built within the fire zone it shall be excepted:
(1)　Those construction executed by State, local public body or Japanese Red Cross Society for relief work;
(2)　Construction of building, for use of a sufferer himself, with floor area less than 30 sq. meters.
2　To those emergency temporary buildings used for railway stations, post-offices, government and public offices and for other purposes necessary for public interests similar thereto in the case of the occurrence of calamity, or field offices, sheds, storage of construction materials for construction purpose and other temporary buildings similar thereto, the part concerning those buildings of the provisions of Article 6, Article 7, Article 15, Article 19, Articles 24 to 23 inclusive, Article 26, Article 31, Article 33, Article 35, Article 36, the provisions of Article 37, Article 39 and Article 40 and the provisions of Chapters III to VII inclusive shall not apply;provided that the provisions of Article 22 shall apply to the building the floor area of which exceeds 50 sq. meters and which is located in fire-zone of quasi-fire-zone.
3　When a person who has built the emergency and temporary building under the preceding paragraph intends to maintain it over more than three months after the completion of its construction, he shall obtain the approval of the governor of To, Do, Fu or prefecture. In this case, if the governor of To, Do, Fu or prefecture considers it as having no objection from the view-point of safety, fire defence and sanitation, he may grant to approval by fixing the period within the limit of two years.
4　To the temporary showhouse, exposition buildings and other similar temporary buildings, which the administrative agency concerned has given permission by fixing the period within the limit of one month, after having deemed that there is no objection form the view-point of safety, fire defence and sanitation, the provisions of Articles 21 to 27 inclusive and Article 31, and the provisions of Chapters III to VI inclusive shall not apply.
5　To the temporary buildings under the preceding paragraph, which the administrative agency concerned has given permission to be fixing the period exceeding one month but not exceeding six months, after having deemed that there is no objection from the view-point of safety, fire defence and sanitation, the provisions of Article 21, Article 22, Article 26 and Article 27 and Article 31 and the provisions of Chapters III to VI inclusive shall not apply.
(Treatment of Buildings in One Block under Over-all Plan)
Article 86.　In case of construction of the buildings 2 or more compound groups within one city street block under the over-all plan, when the provisions of Article 23, Article 43, Article 56 paragraph 3 or paragraph 4, Article 58, Article 62 paragraph 2 or Article 64 shall apply to those buildings which the administrative agency concerned deemed that there is no objection on the structure and location thereof from the view-point of safety, fire defence and sanitation, these groups shall be deemed to be located in one same site.
(Application of This Law to Diversion of Use)
Article 87.　In case of diverting the use of a building to any one of the special buildings coming under Article 6 paragraph 1 item (1), the change of use concerned shall be deemed to be the construction of the building coming under the same item and the provisions of the same Article and Article 7 paragraph 1 shall apply mutatis mutandis.
2　In case of diverting the use of a building, the diversion of the use shall be deemed to be the construction of the building concerned and the provisions of Article 24, Article 27, Article 28 paragraph 1, Article 29, Article 30, Article 35, the part pertaining to Article 28 paragraph 1 and Article 35 in the provision of Article 36, Article 49, Article 50 paragraph 2 or paragraph 4 or Article 53, or by-laws issued under the provisions of Article 39, Article 40, Article 43 paragraph 2 or Article 52 paragraph 3 shall apply mutatis mutandis.
(Application Mutatis Mutandis to Structures)
Article 88.　With respect to those structures such as, chimney, advertising pillar, elevated water tank, retaining walls and other structures simillar thereto as designated by Cabinet Order, the construction thereof shall be deemed to be the construction of buildings under Article 6 paragraph 1 item (4) and the provisions of Articles 6 to 13 inclusive, Article 18, Article 20, Article 32, Article 33, the part pertaining to Article 20 and Article 33 in the provision of Article 36, Article 37, Article 38, Article 40, Article 89 and Article 90 shall apply mutatis mutandis.
2　The provisions of Articles 8 to 13 inclusive and Article 18 shall apply mutatis mutandis to the structures under the provisions of Article 66.
(Sign of Confirmation at Construction Field)
Article 89.　A person or persons who execute the construction work under Article 6 paragraph 1 shall put at the most conspicuous place of the construction field concerned a sign entering therein, in the form as fixed by Ministry of Construction Ordinance, the name or trade name of the builder, the designer, the person who executes the said construction work and the manager of the construction field, and the effect of its confirmation under the same paragraph relating to the said construction work.
2　A person or persons who execute the construction work under Article 6 paragraph 1 shall keep at the construction field concerned the plans and specifications relating to the said construction work.
(Prevention of Accidents in Construction Field)
Article 90.　A person or persons who execute construction, repairing, remodeling or demolishing of building, shall take the measures necessary for prevention of accidents due to fall of ground or buildings or structures for construction work pursuant to the execution of the construction work concerned.
2　The technical standards for the measures under the preceding paragraph shall be provided for by Cabinet Order.
(Measures in Case Building Site is Extending Over in and Out of District, Zone or Area)
Article 91.　In case the buildings or sites extend over in and out of the districts, or areas (excluding the fire zones and quasi-fire-zone;heerinafter the same in this Article) which are subject to the prohibition or restriction on the site, construction or equipment of building under the provisions of this Law, for whole part of the building, the provisions of this Law or the provisions of orders issued thereunder relating to buildings within the district, zone or area mostly occupied thereby shall be applied.
(Calculation of Area, Height and Stories)
Article 92.　The calculation method of site area, building area, total floor area, floor area and height of building, height of eaves, ceiling and floor of building and the number of stories of building shall be provided for by Cabinet Order.
(Consent, etc. of Fire-Chief, etc. concerning Permission or Confirmation)
Article 93.　In case the administrative agency concerned, or building official grants the permission or confirmation under the provisions of this Law, unless he obtains the consent of the fire-chief or chief of fire-station having the jurisdiction over the location or construction work executing place of the building concerned related to the permission or confirmation concerned, he shall not grant his permission or confirmation.
2　In case the fire-chief or chief of fire-station is requested his consent in accordance with the provision of the preceding paragraph, when the plans of the building concerned does not violate the provisions concerning fire defence of the provisions of laws or, orders or by-laws issued thereunder, he shall give his consent within three days after the day of the receipt of the request of consent in case relating to Article 6 paragraph 1 item (4) and within seven-days after the day of the receipt of the request of consent in the other cases and notify to the effect to the administrative agency concerned or to the building official concerned. In this case when he has found that there was any reason for which he could not give his consent, he shall notify the administrative agency concerned, or building official concerned of these reasons within the abovementioned period.
3　In case building official has received the notification under the provision of Article 18 paragraph 2, he shall notify it to the fire-chief or chief of fire-station exercising jurisdiction over the place where the construction work is to be executed or location of the building relating to the notification concerned without delay.
4　In case the chief of the health center deems necessary, he may submit his opinion concerning permission or confirmation in accordance with the provisions of this Law to the administrative agency concerned or the building official.
(Appeal of Protest)
Article 94.　Person who has objection to the disposals conducted or not conducted in accordance with the provisions of this Law or order or bylaws by the administrative agency concerned or the building official may, in writing, file the protest to the Building Review Board of the city, town or village or To, Do, Fu or prefecture.
2　Filing of the appeal of protest under the provision of the preceding paragraph shall be done within twenty days from the day the disposal took place.
3　When the Building Review Board receives the appeal of protest under the provision of paragraph 1, the Board shall give its decision, in writing, within twenty days from the day of receipt of the same.
4　The Building Review Board, in making the decision mentioned in the preceding paragraph, shall first hold oral public hearing by assembling the applicant of the appeal, administrative agency concerned, building official as well as other interested persons or their agents.
5　When the Building Review Board made its decision under the provision of paragraph 3, in writing, it shall be notified to the applicant of appeal and the administrative agency concerned or the building official within seven days from the day the decision was given.
6　In case the administrative agency concerned or the building official receives the written notice of the decision made under the provision of the preceding paragraph, and when he deems it necessary to change or cancel the disposal committed or to make the disposal failed to make, he shall, within seven days from the day of receipt of the notice, change or cancel the disposal committed or make the disposal failed to make, and he shall notify the person who filed the protest to that effect.
(Petition)
Article 95.　In case a person who filed the appeal of protest under the provision of paragraph 1 of the preceding Article has an objection against the decision made under the provision under paragraph 3 of the same Article, or in case the administrative agency concerned or building official neglects to observe the decision, he may, within one month from the day of receipt of the notification under the provision of paragraph 5 of the same Article, file a petition with the Minister of Construction.
(Relation between the Provisions of This Law and the Right of Bringing an Action)
Article 96.　The provisions of this Law, or orders or by-laws based thereon shall not be interpreted as preventing a person who has an objection against the disposal taken by the Minister of Construction, the governor of To, Do, Fu or prefecture, the mayor of city, town or village or the head of special ward or building official in accordance with these provisions from executing his rights to file a suit with court.
(Application of This Law to Associations of Local Public Bodies)
Article 97.　In applying the provision of this Law or orders based thereon, the all business associations shall be regarded as cities, towns and villages and the executive organs of office business associations as the head of city, town or village.
CHAPTER XI Penal Provisions
Article 98.　Any person who has violated the order of the administrative agency concerned under the provisions of Article 9 paragraph 1 (including the case as applied mutatis mutandis in Article 88) shall be punished with a fine not exceeding \100,000.
Article 99.　Any person who comes under any one of the following items shall be punished with a fine not exceeding \50,000:
(1)　Person who has violated the provisions of Article 6 paragraph 1 (including the case as applied mutatis mutandis in Article 87 paragraph 1 or Article 88 paragraph 1) or Article 90 paragraph 1 (including the case as applied mutatis mutandis in Article 88 paragraph 1);
(2)　Person who has violated the order of the administrative agency concerned under the provisions of Article 10 paragraph 1 or Article 11 paragraph 1 (including the case as applied mutatis mutandis these provisions in Article 88);
(3)　A person who executes the construction work of the building or structures concerned in the case of the violation of the provision of Article 6 paragraph 4 (including the case as applied mutatis mutandis in Article 88 paragraph 1);
(4)　The designer of the buildings, structures or building equipments concerned (or the executor of the construction work of buildings, structures or building equipments concerned in case the construction work has been done without using plans and specifications, or carried out disregarding the plans and specifications) in the case of the violation of the provisions of Article 19, Article 20 (including the case as applied mutatis mutandis in Article 88 paragraph 1), Articles 21 to 27 inclusive, Article 28 paragraph 1 or paragraph 2, Article 31 paragraph 1 or paragraph 2, Article 32 (including the case as applied mutatis mutandis in Article 88 paragraph 1), Articles 33 (including the case as applied mutatis mutandis in Article 88 paragraph 1) to 35 (inclusive Article 37 (including the case as applied mutatis mutandis in Article 88 paragraph 1), Article 43 paragraph 1, Article 44, Article 47, Article 55 paragraph 1, Article 56 paragraph 3 or paragraph 4, Article 57 paragraph 1, Article 58 paragraph 1, Articles 61 to 64 inclusive or Article 66;
(5)　The designer of the buildings or building equipments concerned (or the executor of the construction work of the buildings concerned in case the construction work has been done without using the plans and specification, or carried out disregarding the plans and specifications) in the case of violation of the provision of Cabinet Order issued in accordance with the provisions of Article 36, Article 58 paragraph 3 or Article 91;
(6)　The owner in the case of the violation of the provisions of Article 49, Article 50 paragraph 2 or paragraph 4, or Article 53 paragraph 1;
(7)　The designer of the buildings concerned (or the executor of the construction work of the buildings concerned in case the construction work has been done without using the plans and specification, or carried out disregarding the plans and specifications) in the case of violation of the restriction under the provisions of Article 59 paragraph 1;
(8)　The owner of the buildings concerned in the case of violation of the provisions of Article 85 paragraph 3, paragraph 4 or paragraph 5;
(9)　The owner of building concerned in the case of the violation of the restrictions or prohibition under the provision of Article 84 paragraph 1;
(10)　The possessor, custodian or occupant of the building concerned in the case of the violation of the provisions of Article 24, Article 27, Article 28 paragraph 1, Article 35, Article 49, Article 50 paragraph 2 or paragraph 4 or Article 53 paragraph 1, as applied mutatis mutandis in Article 87 paragraph 2;
(11)　The possessor, custodian or ccupant of building concerned in the case of violation of the provisions of the part concerning Article 28 paragraph 1 and Article 35 or Article 36 as applied mutatis mutandis in Article 87 paragraph 2.
2　In the case of the violation as mentioned in item (4), (5) or (7) of the preceding paragraph, when the said violation was made by the bad will on the part of the owner of the building, structures or building equipments, the owner concerned shall be punished with the fine under the same paragraph, in addition to that the designer concerned or the executor of the construction work shall be punished.
Article 100.　Any person who comes under any one of the following items shall be punished with a fine not exceeding \10,000:
(1)　Any person who has failed to make the notification under the provisions of Article 7 paragraph 1, (including the cases as applied mutatis mutandis in Article 87 paragraph 1 or Article 88 paragraph 1), or Article 15 paragraph 1 or made a false notification;
(2)　Any person who has violated the provisions of Article 7 paragraph 4 or Article 89;
(3)　Any person who has failed to make the notification under the provisions of Article 12 paragraph 1 (including the case as applied mutatis mutandis in Article 88), or made a false notification;
(4)　Any person who rejected, interfered or evaded the entry, inspection or the examination under the provision of Article 12 paragraph 2 (including the case as applied mutatis mutandis in Article 88).
Article 101.　When the representative of a juridical person or an agent, employee or other worker of a juridical or natural person has committed the violations under the preceding three Articles in connection with the business of the juridical or natural person, the juridical or natural person shall be punished with the fine under the respective Article in addition to that the offender shall be punished. However, when the proof has been presented that care and supervision for the work concerned have been paid to avoid the act of violation concerned by juridical person or agent, employee or others engaged by a person, it shall be excepted regarding that juridical person or that person.
Article 102.　The provision to the effect that any person who has violated the by-law issued under the provisions of Article 39 paragraph 2, Article 40, Article 43 paragraph 2, Article 52 paragraph 3 (including the case as applied mutatis mutandis in Article 87 paragraph 2), or Article 68 paragraph 3 shall be punished with a fine not exceeding\50,000 may be established in the said by-law.
Supplementary Provisions:
(Time of Enforcement)
1.　This law shall come into force as from the day as determined by Cabinet Order to be within the period exceeding three months but not exceeding six months computing from the day of its promulgation.
(Abolition of Urban Building Law and other Laws and Orders)
2.　The following laws and orders shall be abolished:
(1)　Urban Building Law (Law No.37 of 1919);
(2)　Law concerning Application of the Urban Building Law (Law No.228 of 1947);
(3)　Urban Building Law Enforcement Regulations (Imperial Ordinance No.438 of 1920);
(4)　Urban Building Law Enforcement Rules (Ministry of Home Affairs Ordinance No.37 of 1920);
(5)　Special Building Fireproof Construction Rules in accordance with the Provisions of Urban Building Law, Article 14 (Ministry of Home Affairs Ordinance No.15 of 1923);
(6)　Special Building Regulation (Ministry of Home Affairs Ordinance No.31 of 1936);
(7)　Orders concerning the Validity of Tokyo-To Ordinances, Police Board Ordinance, Hokkaido-Cho Ordinances and Prefectural Ordinances respecting Special Buildings (Prime Minister's Office Ordinance No.2 of 1948);
(8)　Temporary Fire-resisting Building Regulations (Ministry of Construction Ordinance No.6 of 1948);
(9)　Temporary Regulations for Restriction of Buildings (Ministry of Construction Ordinance No.9 of 1949).
(Special Case for Establishment of Building Official)
3.　The building officials in charge of the business concerning the Urban Building Law at the time this Law takes its effect, irrespective of the provision of the Article 4 paragraph 5, may become the building official under this Law without taking examination under the provision of said paragraph. However, the term of service shall not exceed one year from the day this Law takes its effect.
(Zone and Area designated prior to the Enforcement of this Law)
4.　At the time of the enforcement of this Law, residential zone, commercial zone, industrial zone, exclusive-residential area, exclusive-industrial area, open area, height area or scenic area which are designated by the provisions of Article 1, Article 2 paragraph 2, Article 4 paragraph 3, Article 11 paragraph 2 or Article 15 of the Urban Buildings Law shall be regarded respectively as residential zone, commercial zone, industrial zone, exclusive-residential area, exclusive-industrial area, vacancy area, height area, or scenic area designated by the provisions of Article 48 paragraph 1, Article 50 paragraph 1 or paragraph 3, Article 56 paragraph 1, Article 59 paragraph 1 or Article 68 paragraph 1 of this Law and Fire-zone A or Fire-zone B and Quasi-fire-zone which are designated by the provisions of Article 13 of the Urban Building Law, Article 118 of the Urban Building Law Enforcement Rules and Article 6 of the Temporary Fire-resisting Building Rule shall be regarded respectively as the fire-zone or quasi-fire-zone designated by the provisions of Article 60 paragraph 1 of this Law.
(Building Line designated prior to the Enforcement of this Law)
5.　As for the building lines which were designated in accordance with the provisions of the proviso to Article 7 of the Urban Building Law and the distance between which were more than 4 meters it shall deemed that the designation of the location of the road under the provisions of Article 42 paragraph 1 item (5) of this Law was made on the location of those building lines.
(Treatment for Violation and Petitions prior to the Enforcement of this Law)
6.　Regarding the application of the provisions of Article 17 item (3), Article 19 and Article 20 of the Urban Building Law to the violations of laws and disposals as enumerated in items (1) to (8) inclusive of paragraph 2 of the Supplementary Provisions or orders issued thereunder which were made prior to the enforcement of this Law, the precedents under the former provision shall apply.
7.　Regarding the treatment of the petitions, filed prior to the enforcement of this Law, against the disposals made in accordance with the provisions of the laws and orders as enumerated in items (1) to (8) inclusive of the Supplementary Provisions, the precedents under the former provisions shall apply.
8.　Regarding the application of the provisions of the penal provisions of the Temporary Demand and Supply Adjustment Law (Law No.32 of 1946) to the violations of the provisions of Temporary Regulations for Restrictions on Buildings or orders issued there under, the precedents under the former provisions shall apply.
(Partial Amendment to the City Planning Law)
9.　The City Planning Law shall be partially amended as follows:
In Article 10, "Urban Building Law" shall be amended as "Building Standard Law" .
(Partial Amendment to the Ministry of Construction Establishment Law)
10.　The Ministry of Construction Establishment Law (Law No.113 of 1948) shall be partially amended as follows:
Article 3 item (20) shall be amended as follows:
(20)　To administer the business concerning the enforcement of the Building Standard Law (Law No.201 of 1950).
In Article 4 paragraph 8, "Urban Building Law (Law No.37 of 1919)" shall be amended as "Building Standard Law" and in paragraph 9 of the same Article, "Urban Building Law" as "Building Standard Law" .
(Partial Amendment to the Fire Defence Law)
11.　The Fire Defence Law (Law No.186 of 1948) shall be partially amended as follows:
Article 7 shall be amended as follows:
Article 7.　The administrative agency, having the power of granting permit, approval or confirmation for new buiding, enlargement, rebuild, removal, repair, remodeling, change of use of building or use of building or the person delegated with the power by him shall not grant the permit, approval or confirmation unless he has obtained the consent of the fire-chief or chief of fire-station having the jurisdiction over the construction work executing place or the location of the building related to the permit, approval or confirmation concerned.
2　In case the fire-chief or the fire-station is requested his consent in accordance with the preceding paragraph, when the plans of the building concerned do not violate the provisions concerning fire defence of tht provisions of laws or, orders or by-laws based thereon, he shall give his consent within 3 days after the day of the receipt of the request of consent in the case relating to Article 6 paragraph 1 item (4) and within 7 days after the day of the receipt of the request of consent in other cases and notify to that effect to the administrative agency concerned or the person delegated with the power by him. In this case, when he has deemed that there was any reason for which he could not give his consent within the abovementioned period, he shall notify the reason to the administrative agency concerned or the person delegated with the power by him.
Annexed Table No.1
Building Restriction in Use Zone
(A)
Buildings which shall not be built in residential zone
1 Buildings described in paragraph (B)&(C)||2 Factories constantly using motors with total floor area of working shops exceeding 50 sq. meters||3 Factories engaged in the industries mentioned in the following items:||(1) Metal work using acetylene gas generator the capacity of which is less than 30 liters;||(2) Spraying of paints using motors the total horse power of which is less than 0.25;||(3) Dry-polishing of metal by two or less polishing machines run by motor (excluding those for polishing of tools and implements);||(4) Grinding or dry-polishing of cork, ebonite or synthetic resin run by motor;||(5) Use of motors with total power exceeding 1 H. P. for sawing planning of lumber, sewing, stranding of threads for weaving machine, inter-weaved tape, knitted gloves or filing of saw;||(6) Use of motors with total power exceeding 2 H. P. for printing, making of needles or cutting of stone slabs.||4 Garages, the total floor area of which exceeds 50 sq. meters||5 Theatres, cinema houses, entertainment hall or grand-stand or place for viewing||6 Assignation houses, cabarets, dancing hall or the like||7 Warehouses for warehouse business
(B)
Buildings which shall not be built in commercial zone
1 Buildings described in paragraph (C)||2 Factories constantly using motors with total floor area of working shops exceeding 150 sq. meters (excepting printing offices of daily newspaper)||3 Factories engaged in the industries mentioned in the following items:||(1) Manufacture of fireworks as toy;||(2) Metal work using acetylene gas (excepting the capacity of acetylene gas generator of which is less than 30 litres or the work using soluble acetylene gas);||(3) Dry-cleaning or dry-dyeing using ignitible solvent;||(4) Heat treating or sawing of celluloid;||(5) Manufacture of printing ink or pigment;||(6) Spraying of paints, using motors the total horsepower of which exceeds 0.25;||(7) Bleaching of materials using sulphurous acid gas;||(8) Manufacture of bone charcoal or other animal charcoal;||(9) Washing, dyeing or bleaching of feather or hair;||(10) Disinfection, selection, washing or bleaching of waste cotton, waste paper, waste yarn, waste hair, etc.;||(11) Manufacture of cotton, remanufacture of old cotton, raising, picking or manufacture of felt, using motors;||(12) Sawing or dry-grinding and polishing of bone, horn, tusk, hoof or shell, or dry-grinding and polishing of metal, using motors;||(13) Pulverizing of mineral, rock, sand, sulphur, metal, glass, brick, pottery or porcelain, bone or shell, using motors;||(14) Manufacture of india-ink, "Kairobai" or briquette;||(15) Casting of types or metal industrial products;||(16) Manufacture of tile, brick, earthen-ware, pottery or porcelain, artificial whetstones, crucible or enameled ironware;||(17) Manufacture of sand-blasting of glass;||(18) Smithery using motor-hammer.
(C)
Buildings which shall not be built in quasi-industrial-zone|1 Factories engaged in the industries mentioned in the following items:
(1) Manufacture of gun-powders specified in the Gun-powders Control Law (Law No.149 of 1950);||(2) Manufacture of chlorates, perchlorates, nitrates, yellow phosphorus, red phosphorus, phosphorus sulphide, metallic kalium, metallic natrium, magnesium, hydrogen peroxide, potassium peroxide, sodium peroxide, barium peroxide, carbon bisulphate, methanol, alcohol, ether, acetone, acetic esters, nitorocelulose, benzol, tolzol, xyrol, picric acid, picric salts, terpentine, or petroleums;||(3) Manufacture of matches;||(4) Manufacture of celluloid;||(5) Manufacture of nitrocellulose articles;||(6) Manufacture of viscous articles;||(7) Manufacture of synthetic dyestuffs or their intermediate pigments or paints (excepting the manufacture of lacquer of water paints);||(8) Manufacture of rubber articles using solvents or aromatic oils;||(9) Manufacture of paper cloth of substitute leather or water-proof paper cloth using drying oils or solvent;||(10) Heat drying of fixed baking of paints using solvents;||(11) Manufacture of coal gases or cokes;||(12) Manufacture of compressed gas or liquid gas (excepting the purpose of which is to manufacture ice or to refrigerate materials);||(13) Manufacture of chlorine, bromine, sulphur, sulphuric chloride, hydrofluoric acid, hydrochloric acid, nitric acid, suluphuric acid, phosphoric acid, caustic potash, caustic soda, liquid ammonia, protassium carbonate, washing soda, soda-ash, bleachingpowder, bismuth subnitrate, sulphites, thiosulphates, arsenic compounds, barium compounds, lead compounds, copper compounds, mercury compounds, cyanogen compounds, chloroform, carbon terachloride, formaline, sulphonal, glyceline, ammonium ichthyol sulforate, acetic acid, carbolic acid, benzoic acid, tannic acid, acetoanilid, aspirin or guajacol;||(14) Manufacture of articles by hydrolysis of albumin;||(15) Collection or heating work of fats and oils;||(16) Manufacture of soap, factis or bakelite;||(17) Manufacture of fertilizer;||(18) Manufacture of paper;||(19) Manufacture of leather or glue, or refining of fur or bone;||(20) Manufacture of asphalt;||(21) Manufacture using such sub-materials as asphalt, coal tar, wood tar, petroleum distilates or its residues;||(22) Manufacture of cement, gypsum, slaked lime, quick lime or carbide;||(23) Metal melting or refining (excepting the purpose of which is to manufacture types or metal industrial products);||(24) Manufacture of carbon for electrical use;||(25) Working of metallic thick plate or shapes, with rivet work or drillring of holes;||(26) Manufacture of iron nails or steel balls;||(27) Wire-drawing, tube-drawing or metal plating with roller.||2 Buildings which are used for storing or handling the materials mentioned in item (1), (2), (3) or (12) of preceding paragraph, combustible gas or carbide.
Annexed Table No.2
Building Restriction in Exclusive Use Area
(A)
Buildings which may be built in exclusive residential use area
1 Dwelling houses or dwelling houses a part of which is used as an office, store or the like;||2 Apartment-houses, dormitory or lodging-houses;||3 Schools, libraries or the like;||4 Shrines, temples, churches or the like;||5 Asylumns, public-nursery or the like;||6 Public bath houses;||7 Medical offices;||8 Buildings which belong to the buildings coming under each preceding item.
(B)
Buildings which shall not be built in exclusive industrial use area
1 Dwelling houses;||2 Apartment-houses, dormitory, lodging-houses or hotels;||3 Stores engaged in selling articles;||4 Restaurant, eating houses;||5 Assignation houses, cabarets or the like;||6 Theatres, cinema houses, entertainment hall or grandstands or places for viewing;||7 Schools, libraries or the like.
Annexed Table No.3
Classes of Open Area and Building Restriction in Open Area
(A)
(B)
(C)
(D)
Classes of open area
Ratio of floor area to site area
Ratio of building area to site area
Distance from surface of exterior wall or column to boundary line of site
Class A open area
2/10 or less
1.5 meters or more
Class B open area
3/10 or less
1.5 meters or more
Class C open area
4/10 or less
1 meter or more
Class D open area
5/10 or less
Class E open area
6/10 or less
Class F open area
2/10 or less
1.5 meters or more
Class G open area
3/10 or less
1.5 meters or more
Class H open area
4/10 or less
Class I open area
5/10 or less
Minister of Construction　MASUDA Kaneshichi
Prime Minister　YOSHIDA Shigeru