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Title:
Fire Services Act ( 2023.06.21 Amended )   Ch

Chapter Six: Penal Clauses

Article 33
(Penal Clause)
Any person having damaged or destroyed any fire look-out tower, alarm bell tower, radio tower, closed-circuit TV tower or any related facilities shall be subject to an imprisonment or hard labor for a term not longer than five years, or a penal sum not less than NT$10,000 and not greater than NT$50,000, or both.
The same governs to any attempted offense as described in the preceding paragraph herein.
Article 34
(Penal Clause)
Any person having damaged or destroyed any water storage and/or supply equipment or fire control, rescue equipment shall be subject to an imprisonment or hard labor for a term not longer than three years, or a penal sum not less than NT$6,000 and not greater than NT$30,000, or both.
The same governs to any attempted offense as described in the first paragraph herein.
Article 35
(Penal Clause)
Any administrator of business place required to provide and maintain fire safety equipment under Para.1, Article 6,or the place required to provide and maintain residential fire alarm under Para.4, Article 6 fails to provide or maintain such equipment and such failure is attributable to any death from a fire disaster at such business place shall be subject to an imprisonment for a term not less than one year and not longer than seven years, or a penal sum not less than NT$1,000,000 not greater than NT$5,000,000, or both; and in case of any serious injury resulted from the fire, to an imprisonment for a term not less than six months and not longer than five years, or a penal sum not less than NT$500,000 and not greater than NT$2,500,000, or both
Article 35-1
For violations of the first item of Article 19-1, failing to immediately complete the report according to the object, method, or content announced by the central competent authority, the person in charge shall be fined between one hundred thousand and five hundred thousand New Taiwan dollars.
For violations of the second item of Article 19-1, those who evade, obstruct, or refuse the entry of personnel, vehicles, or equipment of the competent authority into the place, the person in charge or the perpetrator shall be fined between twenty thousand and one hundred thousand New Taiwan dollars.
Article 35-2
Personnel of the competent authority or telecommunication business violating the fourth provision of Article 18, who without a valid reason leak the process of the operation they are handling or the content of the information they are privy to, shall be fined between twenty thousand and one hundred thousand New Taiwan dollars.
Article 36
A fine of ten thousand to fifty thousand New Taiwan dollars shall be imposed in the event of any of the following situations:
1.Violating the second provision of Article 18, without reason calling the emergency number of the competent authority or falsely reporting a fire, disaster, life-saving, emergency ambulance situation.
2.Disobeying the disposal made by the competent authority according to the first item of Article 19, Article 20, or Article 23.
3.Refusing the scheduling or usage made by the competent authority according to Article 31.
4.Interfering with the use of equipment provided in the first item of Article 34.
Article 37
Violators of the following provisions will be penalized according to the following regulations:
1.Any venue that violates the first clause of Article 6 on fire safety equipment or the fourth clause on residential fire alarm setup and maintenance, or the first clause of Article 11 on the use of flame retardant items, will be fined between 20,000 and 300,000 New Taiwan dollars, and ordered to rectify within a prescribed time limit.
2.For places that are not for business use but still violate the first clause of Article 6, if improvements are not made within the prescribed time limit, the property manager will be fined between 20,000 and 300,000 New Taiwan dollars, and ordered to rectify within a prescribed time limit.
If improvements are not made within the prescribed time limit after the fine is imposed, they may be fined again and their business may be suspended or their use stopped for less than 30 days.
Those who evade, obstruct, or refuse the inspection and re-inspection as stipulated in the second clause of Article 6, will be fined between 6,000 and 100,000 New Taiwan dollars, and may be fined multiple times and have compulsory inspection and re-inspection.
Article 38
Those who engage in the design, supervision, testing, or maintenance of fire safety equipment in violation of the first provision of Article 7 shall be fined between 30,000 and 150,000 New Taiwan dollars and may be fined repeatedly for each violation.
For those who violate the first provision of Article 9, the property manager will be fined between 10,000 and 50,000 New Taiwan dollars and will be notified to rectify within a given time limit. If not rectified within the stipulated time, repeated fines may be imposed.
Fire safety equipment inspection institutions, fire equipment engineers, or technicians authorized by the central competent authority who do not inspect fire safety equipment according to the periodic inspection items, methods, standards, and deadlines set in the second provision of Article 9, or who provide false inspection reports for fire safety equipment, shall be fined between 20,000 and 100,000 New Taiwan dollars. They may be fined repeatedly and, if necessary, may be suspended from operating their business for a period ranging from one month to one year or be ordered to cease business operations.
Fire safety equipment inspection institutions authorized by the central competent authority that violate regulations related to business operations, the employment, transfer, training of fire equipment engineers/technicians, the preparation of relevant business documents, preservation years, and reporting of various forms as prescribed in the fourth provision of Article 9 will be fined between 30,000 and 150,000 New Taiwan dollars. They will be notified to rectify within a given time limit. If not rectified within the stipulated time, repeated fines may be imposed, and they may be suspended from operating for up to 30 days or have their authorization revoked.
Article 39
Those who violate the second provision of Article 11, selling flame-retardant items or materials without flame-retardant labels, or who violate the first provision of Article 12, selling or installing unauthorized fire-fighting equipment, materials, or apparatus without approved labels, will be fined between 20,000 and 100,000 New Taiwan dollars and may be fined repeatedly for each violation. If they still do not improve their display after being advised, they will be fined between 10,000 and 50,000 New Taiwan dollars and may be fined repeatedly for each violation.
Article 40
For buildings of a certain scale that are used for business purposes, if they violate the first provision of Article 13 by not having the property manager appoint a fire safety manager to set up a fire protection plan, or violate the third provision of the same article by not setting up a fire protection plan during construction, the property manager shall be fined between 20,000 and 300,000 New Taiwan dollars. If there is a risk of significant damage due to a fire, the property manager may be ordered to stop work. Construction cannot be resumed without the fire protection plan being checked according to the fourth provision of the same article.
In the following cases, if not improved within a given notice period, the property manager will be fined between 20,000 and 100,000 New Taiwan dollars:
1.Buildings of a certain scale not used for business purposes, which violate the first provision of Article 13 by not appointing a fire safety manager or violate the third provision by not setting up a fire protection plan during construction.
2.Violating the fourth provision of Article 13, by not submitting the fire protection plans mentioned in the first and third provisions to the local governing body for review, or not implementing necessary fire safety management tasks according to those plans.
3.Violating the fifth provision of Article 13, by not collaboratively appointing a joint fire safety manager to set up a joint fire protection plan, not submitting the joint fire protection plan to the local governing body for review, or not executing necessary joint fire safety management tasks per the reviewed plan.
4.Violating the seventh provision of Article 13, where the fire safety manager or joint fire safety manager is not part of the management or supervisory staff of the facility, or does not undergo periodic refresher training during their tenure.
5.Violating the tenth provision of Article 13 by not reporting the appointment or changes of the fire safety manager or joint fire safety manager to the local governing body within the stipulated time frame.
6.Violating the first provision of Article 13-1, where the disaster prevention center of high-rise buildings or the central management room of underground structures does not have qualified staff, or the staff does not undergo periodic refresher training during their tenure.
7.Violating the fourth provision of Article 13-1 by not reporting the appointment or changes of the on-duty staff to the local governing body as stipulated in the first provision within the prescribed time frame.
If improvements are not made within the notice period after being fined as per the above two provisions, repeated fines may be imposed, and the entity may be suspended from operating or its use may be halted for up to 30 days.
Article 41
(Penal Clause)
Any offense against Para.1 or 2, Article 14 about protecting measures, zone and other necessary requirements shall be subject to a penal sum greater than NT$3,000.
Article 41-1
Any offense against Para.1 or 2, Article 14-1 about protecting measures, check, abolishment, zone and other necessary requirements shall be subject to a penal sum less than NT$30,000 and not greater than NT$150,000 and shall be continuously punished for each violation.
Any Administrator or the people on the spot who is avoiding, interfering with, or refusing any inspection under Para.3, Article 14-1 shall be subject to a penal sum not less than NT$10,000 and not greater than NT$50,000 for the same offense and a mandatory inspection and command that offer relative materials.
Article 42
For locations manufacturing, storing, or processing hazardous materials and highly flammable compressed gases as defined in Article 15, if their location, structure, and equipment do not meet the prescribed standards, or if their storage, processing, and transportation do not comply with safety management regulations, the property manager or the individual responsible shall be fined between 20,000 and 300,000 New Taiwan dollars. If no improvements are made after being fined, continuous penalties may be applied, and the entity may be suspended from operating or its use may be halted for up to 30 days.
Article 42-1
In case of violation of Article 15-1 as bellow, the administrator or the mounter carrying on business shall be subject to a penal sum not less than NT$10,000 and not greater than NT$50,000, and the authority are entitled to force the firm to improve within given time, any absence of correction, the administrator or the mounter shall be continuously punished and may be subject to an mandatory suspension of his or her business.
1. To install gas-burning water heater and it’s piping without employing the mounter who has a license after February 1, 2006;
2. Anyone installing gas-burning water heater and it’s piping offense against Para.3, Article 15-1;or
3. Any mounter installing gas-burning water heater and it’s piping offense against the empower range of the license in Para.2, Article 15-1.
Article 42-2
Retailers, professional institutions, container manufacturers, importers, or container inspection institutions with one of the following situations shall be fined between 20,000 and 100,000 New Taiwan dollars. They will be given notice to make improvements within a stipulated time frame. If they fail to make the necessary improvements by the deadline, they may be fined repeatedly for each instance:
1.Container manufacturers or importers violate the second provision of Article 15-3 by selling containers that haven’t individually been approved and certified or don’t have the appropriate certification marking.
2.Container manufacturers or importers violate the regulations in the third provision of Article 15-3 regarding the establishment, preservation, or reporting of sales data.
3.Professional institutions breach the regulations in the seventh provision of Article 15-3 concerning the establishment, preservation, or reporting of equipment and personnel data.
4.Retailers violate the first provision of Article 15-4 by continuing to use containers without sending them for regular inspection at an inspection institution before their inspection deadline, or if they continue using containers beyond their lifespan without replacement.
5.Container inspection institutions breach the rules in the third provision of Article 15-4 regarding the establishment, preservation, or reporting of equipment, personnel, and data.
If the violation pertains to the first scenario mentioned above, the containers in question may be confiscated and destroyed.
Article 42-3
Those who fall under any of the following situations shall be fined between 20,000 and 100,000 New Taiwan dollars. They will be notified to make corrections within a specified period. If corrections are not made by the deadline, fines may be imposed repeatedly:
1.Retailers violating the first provision of Article 15-2 by not employing safety technical personnel with valid certification.
2.The rightsholders, violating the fourth provision of Article 15-5, failing to commission periodic inspections of storage tanks by professional institutions approved by the central governing body, or not completing the initial regular inspection within the stipulated time, or not retaining the records of periodic inspections for at least five years.
3.The results of the regular inspection of the storage tanks as mandated in the fourth provision of Article 15-5 by professional institutions are inconsistent with the standards set in the fifth provision of the same article.
4.Professional institutions that do not inspect according to the items, methods, qualifying criteria, and frequency as set in the fifth provision of Article 15-5, or create false inspection records.
5.Professional institutions violating regulations about conducting operations, establishing, preserving, or reporting data as set in the sixth provision of Article 15-5.
6.The rightsholders specified in the first provision of Article 15-6 who fail to have safety supervisors formulate fire prevention and disaster mitigation plans, do not report these plans to the regulatory authority where the location is situated, do not carry out necessary hazardous materials management as per the fire prevention and disaster mitigation plan, or do not have safety inspectors perform structural maintenance and autonomous inspections.
7.The rightsholders specified in the first provision of Article 15-6 who fail to appoint safety supervisors or safety inspectors who meet the qualifications set in the second provision of the same article.
8.The rightsholders mentioned in the first provision of Article 15-6, violating the fourth provision of the same article, fail to report the appointment or changes of safety supervisors or safety inspectors to the regulatory authority of the location within the stipulated time.
If storage tanks stipulated in the fourth provision of Article 15-5 have the situation described in the third item above, their rightsholders will be fined and notified to make corrections. If not corrected by the deadline, they may be ordered to cease using the storage tanks for storing public hazardous liquid substances.
For professional institutions described in the fourth item of the first paragraph, if fined according to the same item and notified to correct within the deadline but fail to do so, they can face suspension of operations for over a month but less than a year or have their licenses revoked.
For professional institutions described in the fifth item of the first paragraph, if fined according to the same item and notified to correct within the deadline but fail to do so, they can face suspension of operations for up to 30 days or have their licenses revoked.
Article 42-4
Retailers that meet any of the following conditions shall be fined between 3,000 and 15,000 New Taiwan dollars. They will be notified to make corrections within a specified period. If corrections are not made by the deadline, fines may be imposed repeatedly:
1.Violation of regulations set in the second provision of Article 15-2 regarding the content of data production, items that should be recorded, placement, data preservation duration, or reporting requirements.
2.Contravening the third provision of Article 15-2, where safety technical personnel do not undergo periodic retraining during their tenure.
Article 43
Those who refuse the inspection, inquiry, collection, preservation, or destruction of a fire scene as per Article 26 shall be fined between 6,000 and 100,000 New Taiwan dollars.
Article 43-1
(Penal Clause)
In case of violation of Subsection1 1, Article 21-1: the administrators of the factory didn’t provide necessary rescue information and chemical layout including types, quantities of the factory or provide false rescue information, the administrator shall be subject to a penal sum not less than NT$30,000 and not greater than NT$600,000.
In case of violation of Subsection1 2, Article 21-1: the administrators of the factory didn’t assign specially assigned person to the site to assist the fire commander, the administrator shall be subject to a penal sum not less than NT$500,000 and not greater than NT$1,500,000.
Article 44
(Penal Clause)
In addition to being punished by the Act for any offense subject to the Act, any alleged crime shall be transferred to the judicial institute for action.
Article 45
(Deleted)