(Purpose)
Article 1. The purpose of this Law is to ensure the effective utilization of fuel and heat thereof at factories and other operating establishments and thereby to contribute toward the conservation of fuel resources and rationalization of enterprise.
(Definition)
Article 2. The term "fuel" as used in this Law shall mean coal, lignite and coke (including semi-finished coke) to be used for combustion, gasification or dry distillation as well as gas and crude oil to be used for heating purpose.
(Exercise of Heat Control and Guidance)
Article 3. Operators of factories or other operating establishments (hereinafter referred to as "factories, etc." ) using fuel shall, for effective utilization of fuel and heat thereof (hereinafter referred to as "heat control" ), exert their utmost efforts in respect of the following matters:
(1) Prevention of the loss of fuel due to weathering, spontaneous ignition, leakage, etc.;
(2) Rationalization of the combustion, gasification and dry distillation of fuel;
(3) Rationalization of heating and conduction of heat;
(4) Prevention of the loss of heat due to radiation, conduction, leakage, etc.;
(5) Recovery of waste heat.
2 The Minister of International Trade and Industry shall, within the framework of the budget, give necessary guidance to factories, etc. for the exercise of heat control.
(Basic Unit)
Article 4. The Minister of International Trade and Industry shall, when he deems it necessary for defining the target in exercising heat control in factories, etc., make public the unit amount of fuel or heat to be used for the manufacture of industrial or mineral products.
(Designated Heat Control Factories)
Article 5. Operators of factories, etc. shall report on the matters mentioned in each of the following items to the Minister of International Trade and Industry by January 31 each year, in accordance with provisions of Ministerial Ordinance, when the businesses of the factories, etc. fall under the categories of those determined by Cabinet Order and the amount of fuel consumed by such factories, etc. in the preceding year comes up to a standard determined by Cabinet Order; provided that, this provision shall not apply to the designated factories under paragraph 2:
(1) Amount of fuel consumed in the preceding year;
(2) Estimated amount of fuel to be consumed in the current year;
(3) Conditions of the equipment for use of fuel.
2 The Minister of International Trade and Industry may, on the basis of reports submitted under the provision of the preceding paragraph, designate factories, etc. that have submitted reports under the said paragraph as designated heat control factories (hereinafter referred to as "designated factories" ).
3 The operator of a designated factory may, when his factory has ceased to carry on the business that falls under the category of those determined by Cabinet Order under paragraph 1, or when the estimated consumption of fuel in his factory has ceased to come up to a standard determined by Cabinet Order under the said paragraph, apply to the Minister of International Trade and Industry for revocation of the designation as a designated factory, setting forth the reason therefor in accordance with the provisions of Ministerial Ordinance.
4 The Minister of International Trade and Industry shall, when he deems that there is reason for applying for revocation of the designation under the provision of the preceding paragraph, revoke without delay the designation as a designated factory. The same shall apply to such designated factories as are deemed to have lost causes for designation, even if there has been submitted no application for revocation of the designation.
(Heat Controller)
Article 6. The operator of a designated factory shall, in accordance with the standards provided for by Cabinet Order, select and appoint Heat Controllers in such number as is provided for by Cabinet Order from among the holders of the license of Heat Controller under the provision of Article 12 (hereinafter referred to as "Heat Controller" ).
2 The operator of a designated factory shall, when there has been made the designation under the provision of paragraph 2 of the preceding Article, select and appoint Heat Controllers under the provision of the preceding paragraph within six months as from the day of the said designation.
3 The provision of the preceding Article shall apply mutatis mutandis to cases where there has occurred the vacancy of a Heat Controller mentioned in paragraph 1 or where the number of Heat Controllers has to be increased in accordance with the standards of the Cabinet Order mentioned in the said paragraph.
4 In cases where a Heat Controller has been unable to discharge his duties due to a travel or illness or for other reasons for a period of more than six months without interruption, it shall be deemed that the post of the said Heat Controller became vacant on the day when the period of sixth months elapsed.
5 The operator of a designated factory shall, in executing the matter mentioned in each item of Article 3 paragraph 1, respect the opinion of Heat Controllers.
(Execution by Proxy of Heat Controller's Duties)
Article 7. The operator of a designated factory shall, when there has occurred the vacancy of a Heat Controller or when a Heat Controller is unable to discharge his duties due to a travel, illness or for other reasons, cause another person to carry out the duties of such Heat Controller.
(Report)
Article 8. The operator of a designated factory shall, when he has selected and appointed a Heat Controller, report, without delay, to the Minister of International Trade and Industry his name and the scope of his duties.
2 The operator of a designated factory shall, when the post of a Heat Controller has become vacant or when the scope of his duties has been changed, report, without delay, to the Minister of International Trade and Industry to that effect.
(Book)
Article 9. The operator of a designated factory shall keep books at the factory and enter therein the matters mentioned in the following items in accordance with the provisions of Ministerial Ordinance:
(1) Amount, kind and quality of the fuel used at the designated factory concerned;
(2) Equipment for heat control at the designated factory concerned;
(3) State of utilization of fuel and heat at the disignated factory concerned.
(Report and On-the-Spot Investigation)
Article 10. The Minister of International Trade and Industry may, when he deems it necessary for ensuring the proper exercise of heat control, cause operators of designated factories to submit reports on the matters mentioned in each item of the preceding Article in accordance with the provisions of Ministerial Ordinance.
2 The Minister of International Trade and Industry may, when no report under the preceding paragraph has been submitted or when the report submitted is considered false, cause his official to enter the designated factory concerned and investigate books, documents and other necessary matters kept therein or put questions to the persons concerned.
3 The official mentioned in the preceding paragraph shall carry with him an identification card indicating his official status and show it to the persons concerned.
4 Authority to make investigation or questions under the provision of paragraph 2 shall not be construed as having been granted for the purpose of conducting search of crimes.
(Advice)
Article 11. The Minister of International Trade and Industry may, when he deems it necessary for ensuring the proper exercise of heat control, give operators of designated factories such advices as are necessary for the execution of matters mentioned in each item of Article 3 paragraph 1.
(License of Heat Controller)
Article 12. The Minister of International Trade and Industry shall grant licenses of Heat Controller to those falling under any of the following items:
(1) Those who have passed the qualification examinations for Heat Controllership conducted by the Minister of International Trade and Industry;
(2) Those who have been engaged in the practical business of heat control for three years or longer and who have completed the course of training on heat control held by the Minister of International Trade and Industry and been recognized by him as having learning and ability equal or superior to those mentioned in the preceding item.
(Qualification Examination for Heat Controllership)
Article 13. The qualification examination for Heat Controllership shall be conducted on learning and ability which are necessary for making heat control.
2 The qualification examination for Heat Controllership shall be held at least once a year by the Minister of Intenational Trade and Industry.
3 No person other than those having experience of engaging in the practical business of heat control for one year or longer may take the qualification examination for Heat Controllership.
4 Those who intend to take a qualification examination for Heat Controllership shall pay a fee of 500 yen or less as prescribed by Cabinet Order.
5 The fee paid in accordance with the provision of the preceding paragraph shall not be returned, even when the qualification exmination for Heat Controllership has not been taken.
6 The subjects of the qualification examination for Heat Controllership, the procedures of taking the examination and other requisite matters concerning the qualification examination for Heat Controllership shall be prescribed by Ministerial Ordinance.
(Heat Controller Examination Committee)
Article 14. There shall be established in the Ministry of International Trade and Industry a Heat Controller Examination Committee to be charged with the affairs concerning the qualification examination for Heat Controllership.
2 The Members of the Heat Controller Examination Committee shall be either appointed or commissioned by the Minister of International Trade and Industry from among the officials of the Ministry or perrons of learning and experience.
3 Other than those provided for in the preceding two paragraphs, the necessary matters concerning the Heat Controller Examination Committee shall be prescribed by Cabinet Order.
(Guidance by the Governor of To, Do, Fu or Prefecture)
Article 15. The Governor of To, Do, Fu or Prefecture may give such guidance as are necessary for the exercise of heat control to factories, etc. other than the designated factories, which are found in the areas under their jurisdiction.
(Penal Provisions)
Article 16. Any person who falls under any of the following items shall be punished with a fine not exceeding 30,000 yen:
(1) A person who has failed to make report under the provisions of Article 5 paragraph 1, or Article 8, or made false report;
(2) A person who has violated the provision of Article 6 paragraph 2 (including the case where this applies mutatis mutandis to paragraph 3 of the same Article), or of Article 7;
(3) A person who has failed to keep the account-books under the provision of Article 9, or to make entry in the books, or has made false entries;
(4) A person who has failed to make report under the provision of Article 10 paragraph 1, or made false report;
(5) A person who has refused, obstructed or evaded the investigation under the provision of Article 10 paragraph 2, or failed to answer the questions or made false statement.
Article 17. In case a representative of a corporation, or a deputy or an employee of, or other person working for, a corporation or an individual, has committed, in relation to the business of such corporation or individual, an act of offence as mentioned in the preceding Article, the corporation or the individual concerned, in addition to the offender, shall be punished with a fine mentioned in the said Article; provided that, this provision shall not apply to the corporation or the individual, in case there has been a proof as to this exercise of due diligence and supervision in relation to such business to forestall such act of offence being committed by a deputy or an employee, of, or other person working for, the corporation or the individual.