The High Pressure Gas Control Law
法令番号: 法律第204号
公布年月日: 昭和26年6月7日
法令の形式: 法律
I herby promulgate the High Pressure Gas Control Law.
Signed:HIROHITO, Seal of the Emperor
This seventh day of the sixth month of the twenty-sixth year of Showa (June 7, 1951)
Prime Minister YOSHIDA Shigeru
Law No.204
The High Pressure Gas Control Law
Contents
Chapter I General Provisions(Articles 1-4)
Chapter II Business(Articles 5-25)
Chapter III Safety Preservation(Articles 26-39)
Chapter IV Container, Machinery, Instruments and Raw Material Gas(Articles 40-59)
Chapter V Miscellaneous Provisions(Articles 60-79)
Chapter VI Penal Provisions(Articles 80-84)
Supplementary Provisions
CHAPTER I General Provisions
(Purpose)
Article 1. The purpose of this Law is to regulate the manufacture, sale, storage, carraige, and others concerning handling, and consumption, of the high pressure gas and the manufacture and handling of the container thereof, in order to prevent accidents casued by the high pressure gas and thereby to secure the public safety.
(Definition)
Article 2. The term "the high pressure gas" as used in this Law shall mean those mentioned in the following items:
(1) Compressed gases with pressure (meaning guage pressure;hereinafter the same) of 10 kilograms or more per square centimeter at common use temperature and are at present with pressure of 10 kilograms or more per square centimeter or compressed gases with pressure of 10 kilograms or more per square centimeter at 35°C.(excluding compressed acetylene gas);
(2) Compressed acetylene gas with pressure of 2 kilograms or more per square centimeter at common use temperature and is at present with pressure of 2 kilograms or more per square centimeter or compressed acetylene gas with pressure of 2 kilograms or more per square centimeter at 15°C;
(3) Liquefied gases of various kinds with pressure of 2 kilograms or more per square centimeter at 35°C;
(4) Besides gases mentioned in the preceding items such hydrogen cyanide gas, freon 11 gas, methylbromide gas or more dangerous gases as prescribed, out of liquefied gases with the pressure of 0 kiligram or more per square centimeter at 35°C, by Cabinet Order.
(Exceptions to Application)
Article 3. The provisions of this Law shall not apply to the high pressure gases which fall under any of the following items:
(1) High pressure steam in the high pressure steam boiler and the conduit-pipes thereof;
(2) High pressure nitrogen gas in the high pressure cable;
(3) Compressed air in compressing equipment for starting internal combustion engines, air-charging for motor car tires, revetting, rock-drilling and for road or railway construction;
(4) High pressure gas in refrigerating equipment with 1 or less horse power motor;
(5) Others as prescribed by Cabinet Order out of those which are not liable to cause accidents.
2 The provisions of Articles 40 to 56 inclusive and Articles 59 to 63 inclusive shall not apply to containers with the inner volume of 0.1 litre or less and those which are used without being shut closely.
(Application to the State)
Article 4. The provisions of this Law shall, with the exception of the provisions of Article 73 and those of Chapter VI, apply to the State. In this case, "kyoka (permission)" or "ninka (authorization)" shall read "shonin (approval)" .
CHAPTER II Business
(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.
CHAPTER III Safety Preservation
(Regulations for Prevention of Accidents)
Article 26. The first class manufacturer shall establish regulations for the prevention of accidents and obtain the authorization of the governor of To, Do, Fu or prefecture. The same shall apply when change is intended to be made in the said regulations.
2 The governor of To, Do, Fu or prefecture shall not grant the authorization mentioned in the preceding paragraph when he recognizes that the regulations for the prevention of accidents do not conform to the standards under Article 8 items (1) and (2) or are not adequate to maintain the public safety and to prevent the occurrence of accidents.
3 The governor of To, Do, Fu or prefecture may, when he recognizes the necessity of doing so for the maintenance of the public safety and prevention of the occurrence of accidents, issue order to change the regulations for the prevention of accidents.
4 The first class manufacturer and his employees shall observe the regulations for the prevention of accidents.
(Education for Preservation of Public Safety)
Article 27. The first class manufacturer, the second class manufacturer, the seller, the owner or possessor of a high pressure gas storehouse shall give the employees such education as necessary for the prevention of accidents.
(Chief Operation Engineer)
Article 28. The first class manufacturer (excluding those who manufacture the high pressure gas the quantity per day of which is not more than that prescribed by Ministry of International Trade and Industry Ordinance or those who are prescribed by Ministry of International Trde and Industry Ordinance;hereinafter the same in this Article and Articles 33 and 34) shall appoint at each manufactory a high pressure gas chief operation engineer (hereinafter referred to as the "chief operation engineer" ) from among persons holding licenses for the high pressure gas chief operation engineer (hereinafter referred to as "the license for chief operation engineer" ) in accordance with the classification prescribed by Ministry of International Trade and Industry Ordinance, and cause him to supervise the safety preservation in operations for the high pressure gas.
2 The first class manufacturer shall, when he has appointed the chief operation engineer in accordance with the provision of the preceding paragraph, report without delay to that effect to the governor of To, Do, Fu or prefecture. The same shall apply when the chief operation engineer has been relieved of his office.
(License for Chief Operation Engineer)
Article 29. The licenses for chief operation engineer shall be classified into license for A class chief chemical engineer, license, for B class chief chemical engineer, license for A class chief mechanical engineer, license for B class chief mechanical engineer and license for first class chief refrigeration mechanical engineer, license for second class chief refrigeration mechanical engineer and license for third class chief refrigeration mechanical engineer.
2 The scope of operations regarding the high pressure gas of which safety preservation may be supervised by holders of licenses for chief operation engineer shall be prescribed by Ministry of International Trade and Industry Ordinance according to the class of licenses for chief operation engineer mentioned in the preceding paragraph.
3 The licenses for chief operation engineer shall be granted only to those persons who have passed the chief operation engineer national examination (hereinafter referred to as the "national examination" ) and who has, moreover, experience, in operations for the manufacture of the high pressure gas, prescribed by Ministry of International Trade and Industry Ordinance.
4 To those persons who come unde any of the following items, licenses for chief operation engineer may not be granted:
(1) A person with respect to whom two years have not elapsed after the day on which the returning was ordered of the license for chief operation engineer;
(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, served out the sentence or remitted thereof.
5 Matters concerning procedures for granting licenses for chief operation engineer shall be prescribed by Ministry of International Trade and Industry Ordinance.
Article 30. The Minister of International Trade and Industry may, when a holder of the license for chief operation engineer, has violated the provisions of this Law or orders issued thereunder, order him to return the said license for chief operation engineer.
(National Examination)
Article 31. The national examination shall be so conducted as to examine the learning and ability necessary for the manufacture of the high pressure gas and the prevention of the occurrence of accidents.
2 The national examination shall be held at least once a year by the Minister of International Trade and Industry for each classification of the licenses for chief operation engineer prescribed in Article 29 paragraph 1.
3 The subjects of national examination, procedure for taking examination and other details in conducting it shall be prescribed by Ministry of International Trade and Industry Ordinance.
(Duties of the Chief operation Engineers and Others)
Article 32. The chief operation engineer shall faithfully discharge his duties.
2 Those who are engaged in the manufacture of the high pressure gas shall observe the direction of the chief operation engineer for securing the enforcement of this Law or orders issued thereunder and the regulations for the prevention of accidents.
(Proxy for Chief Operation Engineer)
Article 33. The first class manufacturer shall appoint in advance a proxy for the chief operation engineer from among holders of licenses for chief operation engineer in accordance with the classification under Article 28 paragraph 1 in order to cause him to discharge the official duties of the chief operation engineer as proxy when the latter is prevented from carrying out his official duties owing to travel, sickness or other causes.
2 The first class manufacturer shall, when he has appointed the proxy under the preceding paragraph, report without delay to that effect to the governor of To, Do, Fu or prefecture. The same shall apply when the proxy has been relieved of his office.
3 The proxy under paragraph 1 shall be, in cases where he carries out the official duties of the chief operation engineer, deemed to be the chief operation engineer with respect to the application of this Law.
(Order to Release Chief Operation Engineer from Office)
Article 34. The governor of To, Do, Fu or prefecture may, when a chief operation engineer or his proxy has violated the provisions of this Law or orders issued thereunder, or has been recognized as unfit to carry out his official duties for the maintenance of the public safety or prevention of the occurrence of accidents, order the first class manufacturer to release the chief operation engineer or his proxy from his office.
(Inspection for Safety Preservation)
Article 35. The first class manufacturer shall undergo the inspection for safety preservation to be conducted by the governor of To, Do, Fu or prefecture periodically every year for the manufacturing equipment prescribed by Ministry of International Trade and Industry Ordinance in which there is a possibility of occurrence of the explosion of the high pressure gas and other accidents;provided, however, that this shall not apply to cases where otherwise provided for by Ministry of International Trade and Industry Ordinance.
2 The inspection for safety preservation under the preceding paragraph shall be effected to determine whether or not the equipment conforms to the technical standards under Article 8 item (1).
(Measures to be Taken and Report to be Made at the Time of Danger)
Article 36. The owner or possessor of the manufacturing facilities of the high pressure gas, a high pressure gas storehouse or containers filled with the high pressure gas shall, when the manufacturing equipment or the storehouse of the high pressure gas, or the container filled with the high pressure gas has become in dangerous condition, take immediately the necessary measures for the prevention of the occurrence of accidents, prescribed by Ministry and International Trade Industry Ordinance.
2 A person who has found the state mentioned in the preceding paragraph shall report without delay to that effect to the governor of To, Do, Fu or prefecture, the police officer or the police personnel.
(Restriction on Fire and Others)
Article 37. In the manufactory under Article 5 paragraph 1 or 3, or in the high pressure gas storehouse, no person shall handle fire in the place designated by the first class manufacturer, the second class manufacturer or the owner or possessor of the high pressure gas storehouse.
2 No person shall enter place provided in preceding paragraph, carrying with him easily ignitable matters, without obtaining the approval of the first class manufacturer, the second class manufacturer, or the owner or possessor of the high pressure gas storehouse.
(Cancellation of Permission and Others)
Article 38. The governor of To, Do, Fu or prefecture may, when the first class manufacturer, the seller, or the owner or possessor of storehouse comes under any of the following items, cancel the permission under Article 5 paragraph 1, Article 6 or Article 16 paragraph 1, or order the suspension of the manufacture, sale or storage for the period fixed by him;provided, however, that so far as the provision of item (6) is concerned, this shall not apply to the owner or possessor of the high pressure gas storehouse:
(1) When orders under the provision of Article 11 paragraph 3, Article 12 paragraph 3, Article 15 paragraph 2, Article 18 paragraph 2, Article 26 paragraph 3, Article 34 or item (1) or (3) of the following Article or the prohibitions or restrictions under item (2) of the following Article have been violated;
(2) When matters that should not be done without obtaining permission in accordance with the provisions of Article 14 paragraph 1, Article 19 paragraph 1 or Article 22 paragraph 1 have been done without obtaining it;
(3) When the provision of Article 16 paragraph 1 or Article 28 paragraph 1 have been violated;
(4) When the manufacturing facilities or the high pressure gas storehouse have been used without undergoing the completion inspection under Article 20;
(5) When the condition under Article 65 paragraph 1 has been violated;
(6) When he has come under the provisions of Article 7 items (2) to (4) inclusive.
2 The governor of To, Do, Fu or prefecture may, when the second class manufacturer comes under any of the following items, order the suspension of the manufacture for the period fixed by him;
(1) When orders under the provision of Article 12 paragraph 3 or item (1) or (3) of the following Article or prohibitions or restrictions under the provision of item (2) of the following Article have been violated;
(2) When matters that should not be done without obtaining permission in accordance with the provision of Article 22 paragraph 1 have been done without obtaining it.
(Emergency Measures)
Article 39. The Minister of International Trade and Industry or the governor of To, Do, Fu or prefecture may, when he deems it urgently necessary for the maintenance of the public safety or prevention of the occurrence of accidents, take the following measures:
(1) To temporarily prohibit the first class manufacturer, the second class manufacturer or the owner or possessor of the high pressure gas storehouse from using, in whole or part, the manufacturing facilities or the high pressure gas storehouse;
(2) To temporarily prohibit or restrict the first class manufacturer, the second class manufacturer, the seller, the owner or possessor of the high pressure gas store, and other handlers of the high pressure gas from or in manufacturing, delivery, storing, carrying, refilling, consuming or abandoning it;
(3) To issue an order to the owner or possessor of the high pressure gas or containers filled with it to abandon, or change the location of the high pressure gas or the said containers.
CHAPTER IV Container, Machinery, Instrument and Raw Material Gas
(Report of Manufacturing Business)
Article 40. Any person who intends to carry out the business of manufacturing containers (here inafter referred to as the "container manufacturer" ) to be filled with the high pressure gas (hereinafter simply referred to as the "container" ) shall report not latter than 20 days prior to the day of starting business to the Minister of International Trade and Industry to that effect, together with a document stating the kind of container to be manufactured, manufacturing equipment and the method of manufacture.
(Manufacturing Equipment and Method of Manufacture)
Article 41. The container manufacturer shall maintain the manufacturing equipment in such way as to keep it conforming to the technical standards prescribed by Ministry of International Trade and Industry Ordinance.
2 The container manufacturer shall manufacture containers in accordance with the technical standards prescribed by Ministry of International Trade and Industry Ordinance.
3 The Minister of International Trade and Industry may, when he recognizes that the manufacturing equipment or the method of manufacture does not conform to the technical standards under the preceding two paragraphs, issue order to repair or reconstruct that equipment so as to make it conform to the technical standards or to manufacture containers in accordance with the technical standards.
(Change of Equipment and Others)
Article 42. The container manufacturer shall, when he intends, to carry out works to change the manufacturing equipment or change the kind of containers to be manufactured or method of manufacture thereof, report in advance to that effect to the Minister of International Trade and Industry.
(Import of Container)
Article 43. Any person who has imported the container (excluding those filled with the high pressure gas) shall report without delay that effect to the Minister of International Trade and Industry.
(Inspection of Container)
Article 44. A person who has manufactured or imported the container shall not transfer or deliver it to others unless it has undergone and passed the inspection to be conducted by the Minister of International Trade and Industry;provided, however, that this shall not apply to the containers for export or other purposes and with respect to which the permission of the Minister of International Trade and Industry has been obtained and containers filled with the high pressure gas out of those imported with the high pressure filled.
2 A person who intends to have the container undergone the inspection under the preceding paragraph shall clearly indicate on the container concerned the kind and pressure of the high pressure gas intended to be filled.
3 When, in the inspection of the container under paragraph 1, the container is found to be in conformity with the standards prescribed by Ministry of International Trade and Industry Ordinance according to the kind and pressure of the high pressure gas, it shall be passed.
(Container Certificate)
Article 45. The Minister of International Trade and Industry shall, when the container has passed the inspection, deliver a container certificate to persons who has undergone the inspection of the container.
2 The container certificate shall not be transferred or lent to others;provided that this shall not apply to cases where the container certificate is transferred along with the container.
3 A holder of the container certificate may, when it has been soiled, damaged or lost, apply to the Minister of International Trade and Industry for re-delivery through the governor of To, Do, Fu or prefecture administering the locality of the container concerned.
4 The form of the container certificate shall be prescribed by Ministry of International Trade and Industry Ordinance.
(Indication on Container)
Article 46. A person who has undergone the inspection of, the container shall, when he has been granted the container certificate in accordance with the provision of paragraph 1 of the preceding Article, stamp immediately on the container a mark and put an indication in the form prescribed by Ministry of International Trade and Industry Ordinance.
2 With the exception of cases as provided for in the preceding paragraph or Article 54 paragraph 3, no person is permitted to stamp the mark or put the indication under the preceding paragraph or similar mark or indication on the container.
(Transfer of Container)
Article 47. The transfer to others and obtainment by transfer of the container shall be made together with the container certificate;provided that this shall not apply to cases where the container, filled with the high pressure gas, which was imported with the said high pressure gas filled in it after receiving the permission under Article 22 paragraph 1, is transferred to others or obtained by transfer or where the container is exported or imported (excluding those filled with the high pressure gas) or where a scrapped container or one disposed so as not to be as container is transferred to others or obtained by transfer.
2 A person who has obtained by transfer the container (excluding those provided for in the proviso to the preceding paragraph) shall without delay endorse the container certificate in the form prescribed by Ministry of International Trade and Industry Ordinance.
(Filling of Gas)
Article 48. The high pressure gas shall not be filled in a container which does not come under any of the following items:
(1) That its owner has been granted the container certificate;
(2) That the container is equipped with the valve which conforms to the standards prescribed by Ministry of International Trade and Industry Ordinance;
(3) That, with respect to the container which, by reason of process used in manufacture, is liable to become difficult to conform to the standards for welding and others listed in the specification of the container under Article 44 paragraph 3, process has been carried out in accordance with the technical standards prescribed by Ministry of International Trade and Industry Ordinance;
(4) That, in case the container is one for which has elapsed the period fixed by Ministry of International Trade and Industry Ordinance after the day on which it underwent the inspection or retest or the container is a damaged one, the container has undergone the retest and passed it, and, moreover, that the description to that effect is written on the container certificate.
2 The kind of the high pressure gas to be filled in the container shall be those as stated in the container certificate, and its pressure shall be not more than one mentioned in the container certificate, in case it is the compressed gas, and its quantity shall be less than one computed, according to the method prescribed by Ministry of International Trade and Industry Ordinance on the basis of the inside volume mentioned on the container certificate in case it is the liquefied gas.
3 In a container which has been deemed by the Minister of International Trade and Industry not to be dangerous and has been conditionally permitted by him to be used, the high pressure gas may be filled notwithstanding the provisions of the preceding two paragraphs.
(Retest of Container)
Article 49. The retest of the containers shall be carried out by the Minister of International Trade and Industry or a person who has been granted the registration of the container retest office.
2 When, in the retest of the containers, the container is found to be in conformity with the standards prescribed by Ministry of International Trade and Industry Ordinance according to kind and pressure of the high pressure gas, it shall be passed.
3 The Minister of International Trade and Industry or a person who has been granted the registration of the container retest office shall, when the container has passed the retest, stamp the mark on the container in the form prescribed by Ministry of International Trade and Industry Ordinance and, moreover, shall endorse the container certificate in the form prescribed by Ministry of International Trade and Industry Ordinance.
4 With the exception of the case provided for in the preceding paragraph, no person shall stamp the mark mentioned in the preceding paragraph or similar one.
5 The place of the retest of the container for a person who has been granted the registration of the container retest office shall be the said container retest office.
(Registration of Container Retest Office)
Article 50. The registration of the container retest office shall lose effect unless renewed every three years.
2 A person who comes under any of items of Article 7 or a person with respect to whom two years have not elapsed after the day on which registration was eancelled under the provisions of Article 53 can not be granted the registration of the container retest office or renewal thereof.
3 The Minister of International Trade and Industry shall, when, in case where there has been made application for the registration of the container retest office or renewal thereof, he recognizes that the retesting equipment of the container retest office is in conformity with the technical standards prescribed by Ministry of International Trade and Industry Ordinance, effect registration or renew the registration.
4 The Minister of International Trade and Industry may, when he deemed it particularly necessary for the fair and equitable enforcement of the retest of the containers, restrict, at the time of the registration of the container retest office or renewal thereof, the kind of containers which can be retested at the container retest office concerned.
(Duties of Person Granted Registration)
Article 51. A person who has been granted the registration of the container retest office shall, when requested to make the retest of the container, forthwith carry out the retest of the container, with the exception of the case where there is due cause.
2 A person who has been granted the registration of the container retest office shall maintain the equipment in such way as to keep it conforming to the technical standards under paragraph 3 of the preceding Article.
(Chief Retester)
Article 52. A person who has been granted the registration of the container retest office shall appoint a chief retester for each container retest office from among persons with learning and experience in operations for the manufacture of the containers prescribed by Ministry of International Trade and Industry Ordinance or holders of licenses for chief operation engineer and shall cause him to supervise operations for the retest of the containers.
2 A person who has been granted the registration of the container retest office shall, when he has appointed the chief retester in accordance with the provision of the preceding paragraph, report without delay to that effect to the Minister of International Trade and Industry. The same shall apply when the chief retester has been relieved of office.
3 The chief retester shall faithfully discharge his official duties.
4 The Minister of International Trade and Industry may, when the chief retester has violated the provisions of this Law or orders issued thereunder or when he recognizes that discharging of official duties by a chief retester hamper the fair and appropriate execution of the retest of the containers, order the person who has been granted the registration of the container retest office to release that chief retester from the office.
(Cancellation of Registration and Others)
Article 53. The Minister of International Trade and Industry may, when a person who has been granted the registration of the container retest office comes under any of the following items, cancel the registration or order to suspend the retest of the containers for the period fixed by him:
(1) When he has come under any of items (2) to (4) inclusive of Article 7;
(2) When he has violated the provisions of Article 49 paragraph 3 or 4, Article 51 or paragraph 1 of the preceding Article;
(3) When he has violated the restriction under the provisions of Article 50 paragraph 4 or an order under the provision of paragraph 4 of the preceding Article;
(4) When he has failed to make an entry in books under the provisions of Article 60 or made a false entry;
(5) When, in cases where a person who was granted the registration of the container retest office is a first class manufacturer, the permission under Article 5 paragraph 1 has been revoked in accordance with the provisions of Article 38 paragraph 1 items (1) to (5) inclusive.
(Change in Subjects to be Entered on Container Certificate)
Article 54. The owner of the container shall, when he intends to change the kind and pressure of the high pressure gas to be filled in the container, apply to the Minister of International Trade and Industry for change and shall have the container certificate rewritten.
2 The Minister of International Trade and Industry shall, when, in cases where an application has been submitted for change in description under the preceding paragraph, he recognizes that the container conforms to the standards mentioned in Article 44 paragraph 3, make rewriting.
3 A person who has been granted rewriting under the preceding paragraph shall without delay stamp the mark and put the indication prescribed in Article 46 paragraph 1 on the container.
(Returning of Container Certificate)
Article 55. A person who has been granted the container certificate shall, in the following cases, return without delay to the Minister of International Trade and Industry the said container certificate:
(1) When he has not been granted rewriting under paragraph 1 of the preceding Article within three months with respect to the container that did not pass the retest of the container;
(2) When the container has been lost;
(3) When the container has been exported;
(4) When the container has been scrapped or disposed so as not to be used as container;
(5) When, in case where the container certificate was reissued, the lost container certificate has been discovered.
(Scrapping and Other Disposition)
Article 56. The Minister of International Trade and Industry may, when he recognizes that a container which failed to pass the inspection of containers does not conform to the standards under Article 44 paragraph 3 even if the kind and pressure of the high pressure gas to be filled in it is changed, order its owner to scrap it or dispose it in such way as to make it impossible for use as container.
2 The owner of the container shall, when he has failed to obtain the rewriting mentioned in Article 54 paragraph 1 within three months with respect to the container rejected by the retest, scrap it or dispose it so as not to be used as container without delay.
(Machinery and Instrument for Refrigeration Equipment)
Article 57. A person who is engaged in the business of manufacturing machinery and instruments prescribed by Ministry of International Trade and Industry Ordinance (hereinafter referred to as "machine manufacturer) out of those which are primarily used as refrigeration equipment (hereinafter referred to as" machinery and instruments"shall report within thirty days prior to the day of starting business to that effect to the Minister of International Trade and Industry on each manufactory together with a document stating the kind of machinery and instruments to be manufactured and the method of manufacture thereof.
2 A person who has served report in accordance with the provision of the preceding paragraph shall, when he has changed the kind of machinery and instruments to be manufactured or the method of manufacture thereof, report without delay to that effect to the Minister of International Trade and Industry.
3 Technical standards for manufacture of machinery and instruments shall be prescribed by Ministry of International Trade and Industry Ordinance, so that the equipment composed of the machinery and instruments may, without fail, conform to the technical standards under Article 8 item (1) or Article 12 paragraph 1.
(Raw Material Gas)
Article 58. A person who is engaged in the business of manufacturing inflammable or inflamation aiding gases prescribed by Ministry of International Trade and Industry Ordinance for the purpose of supplying them by pipe line to the first class manufacturers as raw materials for the high pressure gas to be manufactured by them shall report within thirty days, at the latest, 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 gas to be supplied and the method of manufacture thereof.
2 A person who has served report in accordance with the provision of the preceding paragraph shall, when he has changed the kind of gas to be manufactured or the method of manufacture thereof report without delay to that effect to the governor of To, Do, Fu or prefecture.
3 A person prescribed in paragraph 1 shall manufacture the gas under the same paragraph in accordance with the technical standards prescribed by Ministry of International Trade and Industry Ordinance so that the high pressure to be manufactured out of the gas under the said paragraph may be manufactured in conformity with the standard under Article 3 item (2).
(Report on Discontinuation of Manufacture of Container and Others)
Article 59. The container manufacturer or machine manufacturer or the person prescribed in paragraph 1 of the preceding Article or a person who was granted registration of the container retest office shall, when he has discontinued the manufacturing business or business of retesting the containers, report without delay to that effect to the Minister of International Trade and Industry.
CHAPTER V Miscellaneous Provisions
(Books)
Article 60. The first class manufacturer, seller, owner or possessor of the high pressure gas storehouse, container manufacturer, a person granted the registration of the container retest office shall prepare books and enter in them such matters concerning manufacture, sale and receipt and taking out of the high pressure gas or container or retest of the container as prescribed by Ministry of International Trade and Industry Ordinance.
(Collection of Reports)
Article 61. The Minister of International Trade and Industry or the governor of To, Do, Fu or prefecture may, when deemed necessary for maintenance of the public safety or prevention of accidents, cause the first class manufacturer, second class manufacturer, the sellers, owners or possessors of the high pressure gas storehouse, persons who have imported the pressure gas, container manufacturers, persons, who have imported the containers, persons who have been granted the registration of the container retest office or machine manufacturers to make report on their business.
(On-the-Spot Inspection)
Article 62. The Minister of International Trade and Industry or the governor of To, Do, Fu or prefecture, may, when deemed necessary for the maintenance of the public safety or prevention of accidents, cause the personnel concerned to enter into the offices, business places, plants, manufactories, high pressure gas or container storehouses of the manufacturers or sellers of the high pressure gas, owners or possessors of the high pressure gas storehouses, persons who are to store or consume or imported the high pressure gas, the container manufacturers, persons who have imported the containers or persons who have been granted the registration of the container retest office, inspect the books, document and others deemed necessary to carry out inspection, question persons concerned or to take away the high pressure gas in the minimum quantity necessary for making tests.
2 The police officer or police personnel may, when deemed particularly necessary for prevention of injuries on human lives, bodies or their properties, enter into the places of manufacture or consumption of the high pressure gas or high pressure gas storehouses or other places where the high pressure gas is stored and question persons concerned.
3 The personnel under the preceding two paragraphs shall carry with him an identification card certifying his official status and show it to persons concerned.
4 The authority to make on-the-spot investigation, ask questions and to take things away under the provisions of paragraph 1 or 2 shall not be construed as to having been granted for the search of crimes.
(Report on Accidents)
Article 63. The first class manufacturer, the second class manufacturer, the seller, a person who stores or consumers the high pressure gas, the container manufacturer, a person who has imported the containers or others who handle the high pressure gas or container thereof shall, in the following cases, report without delay to that effect to the governor of To, Do, Fu or prefecture, the police officer or personnel:
(1) When an accident has occurred concerning the high pressure gas he owns or possesses;
(2) When the high pressure gas, container or container certificate he owns or possesses is lost or stolen.
2 The Minister of International Trade and Industry or the governor of To, Do, Fu or prefecture may, in a case under item (1) of the preceding paragraph, order the owner or possessor to report on the time and date, place and cause for the occurrence, of the accident, the kind and quantity of the high pressure gas, the extent of demages and others which are necessary to be reported.
(Prohibition to Change the Existing Conditions)
Article 64. No person shall, when an accident is caused by the high pressure gas, change the existing conditions of things without receiving a direction from the Minister of International Trade and Industry, the governor of To, Do, Fu or prefecture, the police officer or the police personnel, excluding the cases in which it is necessary to do so for securing the traffic and for protecting the public interests;provided, however, that this shall not apply to the case where measures under the provision of Article 36 paragraph 1 are taken.
(Conditions of Permission)
Article 65. To permission under Article 5 paragraph 1, Article 6 or 16 paragraph 1 or Article 22 paragraph 1, conditions may be annexed.
2 The conditions under the preceding paragraph shall be limited to those of the minimum degree required for the maintenance of public safety or prevention of accidents, and shall not impose undue responsibilities upon a person who receives permission.
(Safety Preservation Superintendent)
Article 66. The Ministry of International Trade and Industry and each of To, Do, Fu or prefecture shall have safety preservation superintendents in order to have them carry out responsibilities of the personnel prescribed in Article 62 paragraph 1.
(High Pressure Gas Safety Preservation Council)
Article 67. The Ministry of International Trade and Industry shall have the High Pressure Gas Safety Preservation Council (hereinafter referred to as the "Council" ).
Article 68. The Council shall, in response to the inquiry of the Minister of International Trade and Industry, make report or advance recommendations to him on the national examination and important matters concerning safety preservation regarding high pressure gas.
Article 69. The Council shall be composed of one chairman and members not exceeding thirty in number.
2 The chairman and members shall be appointed by the Minister of International Trade and Industry from among the personnel of the Administrative Authorities concerned and persons of learning and experience in the high pressure gas safety preservation.
Article 70. The term of office of the chairman or members appointed from among persons of learning and experience shall be six months;provided that this shall not preclude re-appointment.
Article 71. The Chairman and members shall serve part-time.
Article 72. Other than those prescribed in the preceding five Articles, procedures for proceedings and other matters necessary for the operation of the Council shall be prescribed by Ministry of International Trade and Industry Ordinance.
(Fee)
Article 73. A person mentioned in the left side of the following Table shall pay the fees prescribed by Cabinet Order within the limits of amounts mentioned on the right side of the same table;
Persons who have to Pay the Fees
Amounts
1. A person who intends to apply for permission under Article 5 paragraph 1
7,000 yen
2. A person who intends to apply for permission under Article 6
5,000 yen
3. A person who intends to apply for permission under Article 14 paragraph 1
5,000 yen
4. A person who intends to apply for permission under Article 16 paragraph 1
2,000 yen
5. A person who intends to apply for permission under Article 19 paragraph 1
1,000 yen
6. A person who intends to undergo the completion inspection under Article 20
3,000 yen
7. A person who intends to apply for permission under Article 22 paragraph 1
2,000 yen
8. A person who intends to apply for the national examination
800 yen
9. A person who intends to apply for re-delivery of license for chief operation engineer
200 yen
10. A person who intends to apply for inspection or retest of container (excluding those to be conducted by persons who have been granted the registration of the container retest office)
(a) When the inner volume of a container is less than 500 liters
60 yen
(b) When the inner volume of a container is 500 liters or more and less than 1,000 liters
1,000 yen
(c) When the inner volume of a container is 1,000 liters or more
The amount obtained by adding 50 yen per 1,000 liters, or fraction thereof, to 1,000 yen
11. A person who intends to apply for re-delivery of container certificate under Article 45 paragraph 3
60 yen
12. A person who intends to apply for registration or renewal of registration of the container retest office
1,000 yen
2 The fees under the preceding paragraph to be paid by a person who intends to apply for the national examination, a person who intends to apply for re-delivery of license for the chief operation engineer and a person who intends to apply for inspection or retest of the containers to be conducted by the Minister of International Trade and Industry or for registration or renewal thereof to be made by container retest office shall be the income of the National Treasury, and other fees shall be the income of To, Do, Fu or prefecture concerned (the fee to be paid by a person listed in item (11) of the table of the same paragraph shall be the income of To, Do, Fu or prefecture where the container in question exists).
(Relation between the Minister of International Trade and Industry and the Public Safety Commission and Others)
Article 74. The Minister of International Trade and Industry or the governor of To, Do, Fu or prefecture shall, when he has granted permission under Article 5 paragraph 1, Article 6 or Article 16 paragraph 1 or received report under Article 5 paragraph 3 or Article 21 paragraph 1, paragraph 2 (limited to the report submitted by the second class manufacturer), paragraph 3 or paragraph 4 or cancelled permission under the provisions of Article 38, give notice to that effect to the To, Do, Fu or prefectural public safety commission, the city, town or village public safety commission or the special ward public safety commission, according to the classification prescribed by Cabinet Order.
2 The police officer or the police personnel shall, when he has received report under the provisions of Article 36 paragraph 2 or Article 63 paragraph 1, forthwith give notice to that effect to the governor of To, Do, Fu or prefecture.
(Public Hearing)
Article 75. The Minister of International Trade and Industry shall, when he intends to issue an order mentioned in Artiele 8 item (1) or (2), Article 12 paragraph 1 or 2, Article 15 paragraph 1, Article 16 paragraph 2, Article 22 paragraph 2, Articles 23 to 25 inclusive, Artiele 41 paragraph 1 or 2, Article 44 paragraph 3, Article 49 paragraph 2, Article 50 paragraph 3, Article 57 paragraph 3 or Article 58 paragraph 3, hold a public hearing in order to hear the opinions of the general public.
(Hearing)
Article 76. The administrative agency shall, when it intends to make disposition under the provisions of Articles 9, 30, 34, 38, Article 52 paragraph 4 or Article 53, hold a public hearing, giving advance notice with appropriate period prior to the time of the hearing, to persons concerned with the disposition in question.
2 In the advance notice under the preceding paragraph, time, place and contents of cases must be stated.
3 In the hearing, opportunities to present evidence and to state opinions concerning the said cases shall be given to persons concerned with the said disposition and the interested persons.
(Filing of Complaints)
Article 77. Any person who is dissatisfied with the disposition made by an administrative agency under the provisions of this Law or orders issued thereunder may lodge complaints with the administrative agency in writting stating to that effect.
(Decision)
Article 78. The administrative authority shall, when it has received a complaint mentioned in the preceding paragraph, hold a public hearing in accordance with the provision of Article 76, make decision in writing, and send a copy of it to the person who has lodged the complaint.
(Delegation of Power)
Article 79. The powers belonging to the Minister of International Trade and Industry based on the provisions of this Law or orders issued thereunder, may be made those of other administrative organs (including the governor of To, Do, Fu or prefecture) in accordance with the provisions of Cabinet Order.
CHAPTER VI Penal Provisions
Article 80. A person who falls under any of the following items shall be punished with penal servitude not exceeding one year or a fine not exceeding 50,000 yen or both:
(1) A person who, without receiving the permission under the provision of Article 5 paragraph 1, has manufactured the high pressure gas;
(2) A person who, without receiving the permission under the provision of Article 22 paragraph 1, has imported the high pressure gas;
(3) A person who has violated an order for the prohibition of manufacture under the provision of Article 38 paragraph 1;
(4) A person who has violated an order for the prohibition of the use of manufacturing facili ties under the provision of Article 39 item (1) or prohibition of, or restriction on, manufacture under the provision of item (2) of the same Article.
(5) A person who has violated an order in accordance with the provision of Article 53.
Article 81. A person who falls under any of the following items shall be punished with penal servitude not exceeding six months or a fine not exceeding 30,000 yen or both:
(1) A person who, without receiving the permission under Article 6, has carried out the business of selling the high pressure gas;
(2) A person who, without receiving the permission under Article 14 paragraph 1, has carried out works to change the position, construction or equipment of the manufacturing facilities or changed the kind of the high pressure gas to be manufactured by him or the method of manufacture thereof;
(3) A person who has violated the provision of Article 16 paragraph 1, Article 20, Article 28 paragraph 1, Article 33 paragraph 1, Article 48 paragraph 1 or 2, Article 51 paragraph 1 or Article 52 paragraph 1;
(4) A person who, without receiving the permission under Article 19 paragraph 1, has carried out works to change the position, construction or equipment of the high pressure gas storehouse;
(5) A person who, without receiving the permission under Article 26 paragraph 1, has manufactured the high pressure gas;
(6) A person who has violated the suspension of sale or storage under the provision of Article 38 paragraph 1 or an order for the suspension of manufacture under the provision of paragraph 2 of the same Article;
(7) A person who has violated an order for the suspension of the use of the high pressure gas storehouse under the provision of Article 39 item (1) or the prohibition of, or restriction on, delivery, storage, carriage refilling, consumption or abandonment under the provision of item (2) of the same Article or an order under the provision of item (3) of the same Article;
(8) A person who has failed to stamp the mark or put the indication under the provision of Article 46 paragraph 1, Article 49 paragraph 3 or Article 54 paragraph 3 or stamped a false stamp or put a false indication;
(9) A person who has failed to make the endorsement under the provision of Article 47 paragraph 2 or Article 49 paragraph 3 or made false endorsement;
(10) A person who has violated the restriction under Article 50 paragraph 4;
(11) A person who has violated the condition under Article 65.
Article 82. A 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 violated the provisions of Article 11 paragraph 1 or 2, Article 15 paragraph 1, Article 18 paragraph 1, Articles 23 to 25 inclusive, Article 37, Article 44 paragraph 1, Article 45 paragraph 2, Article 46 paragraph 2, Article 49 paragraph 4 or Article 51 paragraph 2;
(2) A person who has not undergone the inspection under the provision of Article 22 paragraph 3;
(3) A person who has violated an order under the provision of Article 41 paragraph 3.
Article 83. A person who falls under any of the following items shall be punished with a fine not exceeding 10,000 yen:
(1) A person who has failed to make report, or made false report, under the provisions of Article 5 paragraph 2 or 3, Article 10 paragraph 2, Article 14 paragraph 3, Article 17 paragraph 2, Article 21, Article 28 paragraph 2, Article 33 paragraph 2, Article 40, Article 42, Article 43, Article 52 paragraph 2, Article 57 paragraph 1 or 2, Article 58 paragraph 1 or 2, Article 59, Article 63 paragraph 1;
(2) A person who has violated the provision of Article 12 paragraph 1 or 2, Article 13, Article 36 paragraph 1, Article 47 paragraph 1, Article 55, Article 56 paragraph 2, Article 58 paragraph 3 or Article 64;
(3) A person who has violated an order under the provision of Article 30 or Article 56 paragraph 1;
(4) A person who has refused, disturbed or evaded the inspection or removal under the provision of Article 35 paragraph 1, Article 62 paragraph 1;
(5) A person who has failed to make an entry in the book, or made false entry under the provision of Article 60;
(6) A person who has failed to make report, or made false report, under the provision of Article 61, or Article 63 paragraph 2;
(7) A person who has failed to make answer or made false answer to questions under the provision of Article 62 paragraph 1 or 2.
(Double Imposition of Fine)
Article 84. When a representative of a juridical person, an agent, employee or any other worker of a juridical person or an individual has committed any violation under preceding four Articles in regard to the business of the juridical person or individual, the monetary penalty under each Article shall be, imposed not only on the offenders but also the juridical person or individual;provided, however, that the same shall not apply to a juridical person or an individual in case where it is proved that due care and supervision were exercised on the business concerned to prevent the said violation of an agent, employee or any other worker of the said juridical person or individual in the said business.
Supplementary Provisions:
1 The day of the enforcement of this Law shall be within six months from the day of its promulgation, fixed by Cabinet Order;provided that the provisions of Article 75 shall come into force as from the day of its promulgation.
2 The Compressed Gas and Liquefied Gas Control Law (Law No.31 of 1922:hereinafter referred to as "the old Law" ) shall be abolished.
3 The disposal, procedure and other actions made in accordance with the provisions of the old Law shall be deemed to have been made or taken in accordance with this Law, in case there are corresponding provisions in this Law.
4 A person who, with the permission under Article 1 of the old Law, has a store-room or storehouse at the time of the enforcement of this Law shall be deemed to have obtained the permission under Article 16 paragraph 1.
5 The licenses for C class chief mechanical engineer granted in accordance with the provisions of the Enforcement Regulation for the old Law, (Ministry of Home Affairs Ordinance No.23 of 1936;hereinafter referred to as "the old Regulations" ) shall be deemed to be the licenses for third class chief refrigeration mechanical engineer under the provisions of this Law.
6 With repect to the report to be made in accordance with the provision of Article 5 paragraph 2 or 3, Article 40, Article 57 paragraph 1 or Article 58 paragraph 1 by a person who is manufacturing the high pressure gas (excluding those listed in any item of Article 5 paragraph 1), a person who is carrying out the business of manufacturing containers, a person who is manufacturing machinery and instruments or by a person who is carrying out the business prescribed in Article 58 paragraph 1, "within thirty days, prior to the day of starting business" as mentioned in Article 5 paragraph 2, Article 57 paragraph 1 and Article 58 paragraph 1, "not later than twenty days, prior to the day of starting manufacture" as mentioned in Article 5 paragraph 3 and "not later than twenty days, prior to the day of starting business" as mentioned in Article 40 shall respectively read "within three months from the day of the enforcement of this Law" .
7 To a person who, with the permission under Article 1 of the old Law, is manufacturing the high pressure gas at the time of the enforcement of this Law, the provision of Article 26 paragraph 1 shall not apply during a period of five months from the day of the enforcement of this Law.
8 The Ministry of International Trade and Industry Establishment Law (Law No.102 of 1949) shall be partially amended as follows:
In Article 4 paragraph 1 item (29) and Article 14 paragraph 1 item (7), "compressed gas and liquefied gas" shall be respectively amended as "high pressure gas" .
9 With respect to the application of penal provisions to acts committed prior to the enforcement of this Law, the former provisions shall still prevail.
Prime Minister YOSHIDA Shigeru
Minister of International Trade and Industry YOKOO Shigemi