(Permission for Manufacture and Others)
Article 5. Any person who comes under one of the following items shall obtain permission from the governor of To, Do, Fu or prefecture for each manufactory:
(1) A person (excluding those mentioned in the next item and paragraph 3) who intends to manufacture (including filling containers with high pressure gas;hereinafter the same) the high pressure gas with equipment which can, by compressing or liquefying or by other means, treat 30 cubic meters or more of gas per day (in terms of volume at 0°C and with the pressure of 0 kilogram per square centimeter;hereinafter the same);
(2) A person who intends to manufacture the high pressure gas for the purpose of referigeration (including heating with the refrigerating equipment;hereinafter the same) by compressing or liquefying with equipment having refrigerating capacity of 20 tons or more per day.
2 A person who intends to carry out the business of manufacturing the high pressure gas (excluding those listed in item (1) of the preceding paragraph and those who manufacture the high pressure gas for purposes of refrigeration) shall report, within 30 days prior to the day of starting business to the governor of To, Do, Fu or prefecture to that effect on each manufactory, together with a document stating the kind of the high pressure gas to be manufactured and manufacturing equipment.
3 A person who intends to manufacture the high pressure gas by compressing or liquefying (excluding those listed in item (2) of paragraph 1;hereinafter referred to as the "second class manufacturer" ) shall, not later than twenty days prior to the day of starting manufacture, report to that effect to the governor of To, Do, Fu or prefecture, on each manufactory, together with a document stating the kind of the high pressure gas to be manufactured, the position, construction and equipment of the manufacturing facilities, and method of manufacture.
4 The refrigerating capacity under paragraph 1 item (2) shall be computed in accordance with the standard prescribed by Ministry of International Trade and Industry Ordinance.
(Permission for Sales Business)
Article 6. Any person who intends to engage in the business of selling high pressure gas shall obtain permission from the governor of To, Do, Fu or prefecture for each sales office;provided that this shall not apply to the following cases:
(1) When a person, who has received the permission under paragraph 1 of the preceding Article (hereinafter referred to as the "first class manufacturer" ) and comes under the provision of item (1) of the same Article, sells the high pressure gas at his manufactory;
(2) When a person, who is engaged in the business of selling compressed oxygen for medical use, sells it at a sales office whose ordinary stock is not more than 5 cubic meters.
(Reasons for Disqualification for Permission)
Article 7. A person who comes under any of the following items can not obtain the permission under Article 5 paragraph 1 or the preceding Article:
(1) A person with respect to whom two years have not elapsed after the permission he had obtained was cancelled in accordance with the provision of Article 38 paragraph 1;
(2) A person with respect to whom two years have not elapsed after he, having violated the provisions of this Law or orders issued thereunder and having been imposed a penalty severer than a monetary one, has served out the sentence or remitted thereof;
(3) An incompetent person;
(4) A juridical person, one of whose executive officers comes under any of the preceding items.
(Standards for Permission)
Article 8. The governor of To, Do, Fu or prefecture shall, when he has received an application for permission as provided for in Article 5 paragraph 1 or Article 6 examine the application and give permission on the application for permission under Article 5 paragraph 1, if it conforms to the following items, and on the application for permission under Article 6, if it conforms to item (3):
(1) That the position, construction and equipment of the manufacturing facilities are in conformity with the technical standards prescribed by Ministry of International Trade and Industry Ordinance;
(2) That the method of manufacture is in conformity with the technical standards prescribed by Ministry of International Trade and Industry Ordinance;
(3) In addition, that the manufacture or the sale does not prove an obstacle to the maintenance of public safety or prevention of the occurrence of accidents.
(Cancellation of Permission)
Article 9. The governor of To, Do, Fu or prefecture may when the first class manufacture or a person who obtained the permission under Article 6 (hereinafter referred to as the "seller" ) has, without due reason, failed to start within one year the manufacturing or sales business or suspended for a year or more consecutively the manufacturing or sales business, cancel the permission.
(Succession)
Article 10. In cases where there has been succession or amalgamation with respect to the first class manufacturers or sellers, the successor (when, in a case where there are two or more successors, a successor who is to succeed by inheritance has been selected with the consent of all the successors, the said successor) or the juridical person which is to continue to exist even after amalgamation or the one established upon amalgamation shall succeed by inheritance to the status of the first class manufacturer or the seller.
2 A person who has succeeded by inheritance to the status of the first class manufacturer or a seller shall report without delay to the governor of To, Do, Fu or prefecture to that effect, together with a document certifying the fact.
(Manufacturing Facilities and Method of Manufacture)
Article 11. The first class manufacturer shall maintain the manufacturing facilities in such way as to keep the construction and equipment thereof conforming to the technical standards under Article 8 item (1).
2 The first class manufacturer shall manufacture the high pressure gas in accordance with the technical standards under Article 8 item (2).
3 The governor of To, Do, Fu or prefecture may, when he recognizes that the manufacturing facilities or the method of manufacture of the first class manufacturer does not conform to the technical standards under Article 8 item (1) or (2), order the first class manufacturer to repair, reconstruct or remove the manufacturing facilities in order to make them conform to the technical standards, or to manufacture the high pressure gas in accordance with the technical standards.
Article 12. The second class manufacturer shall maintain the manufacturing facilities in such way as to keep the position, construction and equipment thereof conforming to the technical standards prescribed by Ministry of International Trade and Industry Ordinance.
2 The second class manufacturer shall manufacture the high pressure gas in accordance with the technical standards prescribed by Ministry of International Trade and Industry Ordinance.
3 The governor of To, Do, Fu or prefecture may, when he recognizes that the manufacturing facilities or the method of manufacture of the second class manufacturer does not conform to the technical standards under the preceding two paragraphs, order the second class manufacturer to repair, reconstruct or remove the manufacturing facilities in order to make them conform to the technical standards or to manufacture the high pressure gas in accordance with the technical standards.
Article 13. A person prescribed in Article 5 paragraph 2 shall fill the container with the high pressure gas in accordance with the technical standards under Article 8 item (2).
(Change of Manufacturing Facilities and Others)
Article 14. The first class manufacturer shall, when he intends to carry out works to charge the position, construction or equipment of the manufacturing facilities, or to change the kind of the high pressure gas manufactured by him or the method of manufacture thereof, obtain the premission of the governor of To, Do, Fu or prefecture.
2 The provisions of Article 8 shall apply mutatis mutandis to the permission under the preceding paragraph.
3 The second class manufacturer shall, when he intends to carry out works to change the position, construction or equipment of the manufacturing facilities, or to change the kind of the high pressure gas manufactured by him or the method of manufacture thereof, report in advance to that effect to the governor of To, Do, Fu or prefecture.
(Storage)
Article 15. The storage of the high pressure gas shall be made in conformity with the technical standards prescribed by Ministry of International Trade and Industry Ordinance;provided, however, that, this shall not apply to gas whose volume is less than that provided by Ministry of International Trade and Industry Ordinance.
2 The governor of To, Do, Fu or prefecture may, when he recognizes that the storage of the high pressure gas does not conform to the technical standards mentioned in the preceding paragraph, order the storer to store it in accordance with the technical standards.
(Storehouse)
Article 16. When 300 cubic meters or more of the high pressure gas is intended to be stered, it can not be stored in any place other than a storehouse established after obtaining permission from the governor of To, Do, Fu or prefecture (hereinafter referred to as the "high pressure gas storehouse" ).
2 The governor of To, Do, Fu or prefecture shall, if, when he has received the application for permission under the preceding paragraph, he recognizes that the position, construction and equipment of the high pressure gas storehouse is in conformity with the technical standards prescribed by Ministry of International Trade and Industry Ordinance, grant permission.
3 When, in the case under paragraph 1, the high pressure gas is liquefied gas or liquefied gas and compressed gas, the provisions of the same paragraph shall apply deeming 10 kilograms of liquefied gas to be the volume of 1 cubic meter.
Article 17. When there has been the transfer or delivery of the high pressure gas storehouse, the transferee or receiver of the delivery shall succeed to the status of the person who was granted permission for the establishment of the said high pressure gas storehouse.
2 A person who has succeeded to the status of the person who was granted permission for the establishment of the high pressure gas storehouse in accordance with the provision of the preceding paragraph shall report without delay to that effect to the governor of To, Do, Fu or prefecture.
Article 18. The owner or possessor of the high pressure gas storehouse shall maintain it in such way as to keep the position, construction and equipment thereof conforming to the technical standards under Article 16 paragraph 2.
2 The governor of To, Do, Fu or prefecture may, when he recognizes that the position, construction and equipment of a high pressure gas storehouse do not conform to the technical standards under Article 16 paragraph 2, order the owner or possessor to repair, reconstruct or remove it so as to make it conform to the technical standards.
Article 19. The owner or possessor of a high pressure gas storehouse shall, when he intends to carry out works to change the position, construction or equipment of the high pressure gas storehouse, obtain the permission of the governor of To, Do, Fu or prefecture.
2 The provision of Article 16 paragraph 2 shall apply mutatis mutandis to the permission under the preceding paragraph.
(Inspection upon Completion)
Article 20. A person who obtained the permission under Article 5 paragraph 1, Article 14 paragraph 1, Article 16 paragraph 1 or paragraph 1 of the preceding paragraph shall, when he has completed the establishment of facilities for the manufacture of the high pressure gas or a high pressure gas storehouse or works to change the position, construction or equipment thereof, undergo inspection by the governor of To, Do, Fu or prefecture of the manufacturing facilities or the high pressure gas storehouse, and shall not use them before they are recognized and approved as conforming to the technical standards under Article 8 item (1) or Article 16 paragraph 2.
(Report of Discontinuation, Etc. of Manufacture and Others)
Article 21. The first class manufacturer shall, when he has started or discontinued the manufacture, report without delay to that effect to the governor of To, Do, Fu or prefecture.
2 The person prescribed in Article 5 paragraph 2 or the second class manufacturer shall, when he has discontinued the manufacture of the high pressure gas, report without delay to that effect to the governor of To, Do, Fu or prefecture.
3 The seller shall, when he has discontinued the business of selling the high pressure gas, report without delay to that effect to the governor of To, Do, Fu or prefecture.
4 The owner or possessor of a high pressure gas storehouse shall, when he has discontinued the use of the high pressure gas storehouse, report without delay to that effect to the governor of To, Do, Fu or prefecture.
(Import)
Article 22. Any person who intends to import the high pressure gas shall obtain the permission of the governor of To, Do, Fu or prefecture.
2 The governor of To, Do, Fu or prefecture shall, when he recognizes that the quality of the high pressure gas and the specification of its container to be imported conform to the technical standards prescribed by Ministry of International Trade and Industry Ordinance and there is no fear that they will prove obstacles to the maintenance of public safety or prevention of the occurrence of accidents, grant the permission under the preceding paragraph.
3 A person who has imported the high pressure gas after obtaining the permission under paragraph 1 shall undergo without delay the inspection by the governor of To, Do, Fu or prefecture of the high pressure gas and the container thereof.
(Carriage)
Article 23. In order to carry the high pressure gas from one place to another, steps necessary in view of public safety prescribed by Ministry of International Trade and Industry Ordinance shall be taken.
2 In order to carry by pipe line the high pressure gas, pipe lines shall be constructed and maintained in accordance with the technical standards prescribed by Ministry of International Trade and Industry Ordinance.
(Refilling)
Article 24. The refilling of the high pressure gas shall be made in accordance with the technical standards prescribed by Ministry of International Trade and Industry Ordinance concerning the place of refilling, measuring instrument and other apparatus to be used and the method of refilling.
(Consumption and Abandonment)
Article 25. The consumption and abandonment of the high pressure gas prescribed by Ministry of International Trade and Industry Ordinance shall be made in accordance with the technical standards prescribed by Ministry of International Trade and Industry Ordinance concerning the place, quantity, and others regarding method of consumption and abandonment.