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FIREFIGHTING SYSTEM INSTALLATION BUSINESS ACT — 한국법제연구원 번역으로 참고용입니다. 효력은 한국어 원문에 있습니다.

1/3 · CHAPTER I GENERAL PROVISIONS
  1. CHAPTER I GENERAL PROVISIONS
  2. SECTION 4 Contract for Work
  3. 부칙

CHAPTER I GENERAL PROVISIONS

Article 1Purpose

The purpose of this Act is to ensure public safety against fire and contribute to the national economy with the sound development of firefighting system business and the promotion of firefighting technologies by prescribing matters necessary for the management of firefighting system installation and firefighting technologies.[This Article Wholly Amended on Jul. 23, 2010]

Article 2Definitions

(1) The terms used in this Act are defined as follows: <Amended on Aug. 4, 2011; Dec. 30, 2014; Feb. 9, 2018; Nov. 30, 2021>1. The term "firefighting system business" means the following businesses:(a) Firefighting system design: Preparing (hereinafter referred to as "design") construction plans, design drawings, specifications, technical calculations, and related documents (hereinafter referred to as "design documents") which constitute the basis for firefighting system installation works;(b) Firefighting system installation: Newly installing, extending, remodeling, relocating, and maintaining (hereinafter referred to as "installation") firefighting systems in accordance with design documents;(c) Firefighting system installation supervision: Ascertaining whether a firefighting system is installed lawfully in compliance with design documents and related statutes or regulations, and providing technical instructions on the quality and installation management (hereinafter referred to as "supervision") on behalf of a person who originally placed an order concerning firefighting system installation;(d) Flame-retardant treatment: Providing flame-retardant treatment for articles subject to flame retardation prescribed in Article 20 (1) of the Act on Installation and Management of Firefighting Systems;

2. The term "firefighting system business entity" means an entity the firefighting system business of which has been registered under Article 4 to conduct firefighting system business;

3. The term "supervisor" means a fire protection engineer under a firefighting system installation supervision entity, who supervises the relevant firefighting system installation;

4. The term "fire protection engineer" means a person registered on a list of technical human resources personnel in firefighting system business or firefighting system management business under the Act on Installation and Management of Firefighting Systems from among the following persons or a person whose career in firefighting technology, etc. is recognized under Article 28:(a) A firefighting system manager registered under the Act on Installation and Management of Firefighting Systems;(b) A firefighting technician, firefighting equipment engineer, firefighting equipment industrial engineer, master craftsman controlling dangerous substances, industrial engineer controlling dangerous substances, and technician controlling dangerous substances prescribed in statutes or regulations related to national technical qualifications;

5. The term "person who originally placed an order" means a person who enters into a contract for the design, installation, supervision, and flame retardation of firefighting systems (hereinafter referred to as "firefighting system installation, etc.") with a firefighting system business entity; provided, a contractor who subcontracts contracted works shall be excluded herefrom).

(2) Except as provided in paragraph (1), the terms used in this Act shall be as defined in the Framework Act on Firefighting Services, the Act on Fire Prevention and Safety Control, the Act on Installation and Management of Firefighting Systems, the Act on the Safety Control of Hazardous Substances, and the Framework Act on the Construction Industry. <Amended on Feb. 9, 2018; Nov. 30, 2021>[This Article Wholly Amended on Jul. 23, 2010]

Article 2-2Responsibilities of entities involved in firefighting system installation

(1) The Fire Commissioner of the National Fire Agency shall develop and disseminate standards for firefighting system installation, etc. in order to ensure the quality and safety of the firefighting system installation, etc.

(2) Every project owner shall select a competent firefighting system business entity based on the fair criteria and procedure to ensure that firefighting systems are built to serve public safety and welfare, and shall strive to conduct firefighting system installation, etc. properly.

(3) Every firefighting system business entity shall comply with statutes or regulations governing firefighting system installation, etc. and conscientiously conduct the firefighting system installation, etc. as per the design documents, specifications, and conditions of the contract to ensure the quality and safety of such firefighting system installation, etc.[This Article Added on Feb. 9, 2018]

Article 3Relationship to other statutes

Except as provided in this Act, the Act on Fire Prevention and Safety Control, the Act on Installation and Management of Firefighting Systems, and the Act on the Safety Control of Hazardous Substances shall apply to the management of firefighting system installation and firefighting technology. <Amended on Feb. 9, 2018; Nov. 30, 2021>[This Article Wholly Amended on Jul. 23, 2010]

CHAPTER II FIREFIGHTING SYSTEM BUSINESS

Article 4Registration of firefighting system business

(1) A person who intends to engage in firefighting system installation works, etc. of a specific firefighting object shall have his or her firefighting system business registered with the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") upon meeting the requirements prescribed by Presidential Decree, including capital (in cases of an individual, referring to the appraised value of his or her assets) and technical human resources by type of business. <Amended on Dec. 30, 2014>(2) The scope of business by type of firefighting system business referred to in paragraph (1) shall be prescribed by Presidential Decree.

(3) An application for registration, an application for issuance or re-issuance of a certificate of registration or registration pocketbook, and other matters necessary for the registration of management business prescribed in paragraph (1) shall be prescribed by Decree of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>(4) Notwithstanding paragraph (1), where a public corporation or quasi-governmental institution referred to in Article 5 of the Act on the Management of Public Institutions, and a local government-invested public corporation established under Article 49 of the Local Public Enterprises Act or a local government public corporation established under Article 76 of that Act fully meets the following requirements, it may provide design and supervision by using its in-house technical human resources without being registered with the Mayor/Do Governor. In such cases, it shall be staffed with technical human resources prescribed by Presidential Decree:

1. That it shall be established for the purposes of building and supplying houses;

2. That it shall engage in design and supervision as its main business.[This Article Wholly Amended on Jul. 23, 2010]

Article 5Grounds for disqualification of registration

None of the following persons shall have his or her firefighting system business registered: <Amended on May 22, 2013; Jul. 20, 2015; Feb. 9, 2018; Nov. 30, 2021; Jan. 3, 2023>1. A person under adult guardianship;

2. Deleted; <Jul. 20, 2015>3. A person in whose case two years have not elapsed since his or her imprisonment without labor or heavier punishment, as declared by a court, pursuant to this Act, the Framework Act on Firefighting Services, the Act on Fire Prevention and Safety Control, the Act on Installation and Management of Firefighting Systems, or the Act on the Safety Control of Hazardous Substances, was completely executed (including where execution thereof is deemed completed) or exempted;

4. A person under suspension of the execution of his or her imprisonment without labor or heavier punishment, as declared by a court, pursuant to this Act, the Framework Act on Firefighting Services, the Act on Fire Prevention and Safety Control, the Act on Installation and Management of Firefighting Systems, or the Act on the Safety Control of Hazardous Substances;

5. A person in whose case two years have not passed since his or her registration of firefighting system business which he or she intends to register was revoked (excluding cases where registration was revoked pursuant to subparagraph 1);

6. A corporation, the representative of which falls under subparagraph 1 or subparagraphs 3 through 5;

7. A corporation, an executive officer of which falls under any of subparagraphs 3 through 5.[This Article Wholly Amended on Jul. 23, 2010]

Article 6Reporting on alteration of registered matters

Where any important matters prescribed by Decree of the Ministry of the Interior and Safety among the matters registered under Article 4, are altered, a management business operator shall file a report on such alteration with the relevant Mayor/Do Governor, as prescribed by Decree of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>[This Article Wholly Amended on Jul. 23, 2010]

Article 6-2Report of suspension or closure of business

(1) Where any firefighting system business entity suspends, closes, or re-opens firefighting system business, he or she shall report to the Mayor/Do Governor as prescribed by the Decree of the Ministry of the Interior and Safety. <Amended on Jul. 26, 2017>(2) Upon receipt of report on closure of business pursuant to paragraph (1), the Mayor/Do Governor shall cancel registration of the firefighting system business and publicly announce such fact as prescribed by the Decree of the Ministry of the Interior and Safety. <Amended on Jul. 26, 2017>(3) Where a person who has reported business closure under paragraph (1) registers the same type of firefighting system business under Article 4 again within six months after such registration was canceled pursuant to paragraph (2), the relevant firefighting system business entity shall succeed the status of the firefighting system business entity before reporting business closure. <Added on Jun. 9, 2020>(4) For a person who succeeds to the status of a firefighting system business entity pursuant to paragraph (3), the effect of the administrative disposition against the firefighting system business entity prior to reporting the closure of business will be inherited. <Added on Jun. 9, 2020>[This Article Added on Jan. 27, 2016][Title Amended on Jun. 9, 2020]

Article 7Succession to status of firefighting system business entities

(1) Where any of the following persons intends to succeed to the status of a firefighting system business entity, he or she shall report such fact to the Mayor/Do Governor within 30 days from the date of inheritance, acquisition date, or merger, as prescribed by Decree of the Ministry of the Interior and Safety: <Amended on Jan. 27, 2016; Jun. 9, 2020>1. When a firefighting system business entity dies: His or her heir;

2. When a firefighting system business entity transfers his or her business: His or her transferee;

3. When a corporate firefighting system business entity merges or consolidates with another corporation: The surviving or resulting corporation following merger or consolidation;

4. Deleted. <Jun. 9, 2020>(2) Where a person who has acquired all of the firefighting systems of a firefighting system business entity in accordance with any of the following procedures intends to succeed to the status of the former firefighting system business entity, he or she shall report such fact to the Mayor/Do Governor within 30 days from the date of acquisition, as prescribed by Decree of the Ministry of the Interior and Safety: <Amended on Dec. 27, 2016; Jun. 9, 2020>1. Auction under the Civil Execution Act;

2. Realization under the Debtor Rehabilitation and Bankruptcy Act;

3. Sales of seized property provided in the National Tax Collection Act, the Customs Act or the Local Tax Collection Act;

4. Procedures corresponding to those referred to in subparagraphs 1 through 3.

(3) Upon receipt of a report under paragraph (1) or (2), the head of a public health center shall accept such report after reviewing the details thereof, if it conforms to this Act. <Amended on Jun. 9, 2020>(4) Article 5 shall apply mutatis mutandis to succession to status prescribed in paragraph (1) or (2); provided, where an heir falls under any subparagraph of Article 5, the same shall not apply within three months from the date of succession.

(5) Where the report pursuant to paragraph (1) or (2) is accepted, a person falling under any subparagraph of paragraph (1) or a person who acquires the whole firefighting systems of a firefighting system business entity shall succeed to the status of the former firefighting system business entity from the date of inheritance, acquisition, merger or take-over. <Amended on Jun. 9, 2020>[This Article Wholly Amended on Jul. 23, 2010]

Article 8Operation of firefighting system business

(1) No firefighting system business entity shall lend his or her registration certificate or registration pocketbook of firefighting system business to any third person. <Amended on Jun. 9, 2020>(2) A firefighting system business entity the business of which is suspended or the registration of his or her business is revoked pursuant to Article 9 (1) shall not conduct firefighting system installation works, etc. from that date onwards; provided, this shall not apply while a firefighting system installation business entity is conducting installation works after his or her report on commencement of such works has been accepted with a valid contract for installation, or a firefighting system installation supervising business entity is conducting the relevant installation works, or while a person registered to provide flame-retardant treatment services pursuant to Article 4 (1) (hereinafter referred to as "flame-retardant treatment service provider") is conducting flame-retardant treatment works contracted under the relevant valid contract. <Amended on Dec. 30, 2014; Feb. 9, 2018>(3) Where any of the following applies to a firefighting system business entity, he or she shall promptly notify a related person of a specific firefighting object who entrusted firefighting system installation works, etc. of such fact: <Amended on Dec. 30, 2014>1. When he or she succeeds to the status of a firefighting system business entity, as prescribed in Article 7;

2. When the registration of his or her firefighting system business is revoked or his or her firefighting system business is suspended under Article 9 (1);

3. When he or she suspends or closes his or her business.

(4) Firefighting system business entities shall keep related documents prescribed by Decree of the Ministry of the Interior and Safety during the defect liability period prescribed in Article 15 (1). <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>[This Article Wholly Amended on Jul. 23, 2010]

Article 9Revocation of registration and suspension of business

(1) Where any of the following applies to a firefighting system business entity, the relevant Mayor/Do Governor may revoke his or her registration or order him or her to make some rectifications or suspend his or her business for a specified period not exceeding six months, as prescribed by Decree of the Ministry of the Interior and Safety; provided, when any of subparagraph 1, 3, or 7 applies to him or her, the relevant Mayor/Do Governor shall revoke his or her registration: <Amended on Mar. 23, 2013; Nov. 19, 2014; Dec. 30, 2014; Jul. 20, 2015; Jan. 27, 2016; Jul. 26, 2017; Feb. 9, 2018; Jun. 9, 2020; Jan. 5, 2021; Nov. 30, 2021; Jan. 3, 2023>1. Where the registration is obtained by fraud or other improper means;

2. Where 30 days elapsed after he or she has failed to meet registration standards prescribed in Article 4 (1); provided, this shall not apply even if 30 days elapsed thereafter in cases prescribed by Presidential Decree when he or she fails to meet the capital requirement, such as where rehabilitation procedures are in progress after a court ruling has been issued for the commencement thereof under the Debtor Rehabilitation and Bankruptcy Act;

3. Where he or she becomes disqualified as provided in the subparagraphs of Article 5; provided, this shall not apply where a corporation falling under subparagraph 6 or 7 of article 5 resolves the cause within three months from the date on which such cause arises.

4. Where he or she fails to commence his or her business within one year, or suspends his or her business for at least one consecutive year without good cause after obtaining registration;

5. Deleted; <May 22, 2013>6. Where he or she allows a third person to contract or perform firefighting system installation works, etc. by using his or her name or trade name, or lends a certificate of registration or a registration pocketbook of firefighting system business to a third person, in violation of Article 8 (1);

7. Where he or she conducts firefighting system installation works, etc. during the period of suspension of business, in violation of Article 8 (2);

8. Where he or she fails to give notice or keep related documents, in violation of Article 8 (3) or (4);

9. Where he or she fails to perform design or installation work in compliance with the fire safety standards, etc. provided in Article 2 (1) 6 of the Act on Installation and Management of Firefighting Systems (hereinafter referred to as "fire safety standards"), in violation of Article 11 or 12 (1), or fails to properly perform supervision in compliance with Article 16 (1);

10. Where he or she inflicts an injury or property damage on any third person by breaching duties, etc. of conducting firefighting system installation works, etc. as provided for in Article 11, 12 (1), 16 (1), or 20-2 by intention or negligence;

11. Where he or she fails to dispatch a subordinate fire protection engineer to an installation site, in violation of Article 12 (2), or does so deceitfully;

12. Where he or she fails to file a commencement report (including reporting on alteration), in violation of Article 13 or 14, or falsifies the commencement report, or fails to undergo a completion inspection (including a partial completion inspection);

13. Where he or she fails to report altered minor matters to be reported for commencement as included in an installation supervision report, in violation of the latter part of Article 13 (2);

14. Where he or she fails to repair a defect during the defect liability period or fails to notify a defect repair plan, in violation of Article 15 (3);14-2. Where a transport service provider violates any condition or term under Article 16 (3);

15. Where he or she rejects, interferes with, or evades the handover and takeover, in violation of Article 17 (3);

16. Where he or she fails to dispatch a subordinate supervisor to an installation site, in violation of Article 18 (1), or does so deceitfully;

17. Where he or she violates any of the standards for dispatching supervisors prescribed in Article 18 (3);

18. Where he or she fails to comply with a request prescribed in Article 19 (1);

19. Where he or she fails to file a report, in violation of Article 19 (3);

20. Where he or she fails to notify the findings of supervision, notifies the false findings thereof, fails to report on the findings of installation supervision, or files a false report thereon, in violation of Article 20;20-2. Where he or she provides flame-retardant treatment, in violation of Article 20-2;20-3. In case of falsely submitting documents related to the evaluation of flame retardant treatment capacity under Article 20-3 (2);20-4. Where he or she fails to notify or falsely notify the related person or the person who originally placed an order of matters concerning subcontract, etc., in violation of Article 21-3 (4);20-5. Where he or she acquires property or profits from property in return for an illegal solicitation or offers property or profits from property in return for an illegal solicitation, in violation of Article 21-5 (1) or (3);

21. Where he or she subcontracts the design, installation, or supervision of a firefighting system contracted, in violation of the main clause of Article 22 (1);21-2. Where he or she subcontracts a subcontracted firefighting system installation, in violation of Article 22 (2);22. [Subparagraph 22 moved to subparagraph 20-4 <Jun. 9, 2020>]23. Where he or she fails to comply with a request to replace a subcontractor or to amend the terms and conditions of a subcontract without good cause, in violation of Article 22-2 (2);23-2. Where he or she fails to make a payment to a subcontractor, in violation of Article 22-3;

24. Where he or she concurrently engages in installation works and supervision, in violation of Article 24;24-2. Where false documents related to the evaluation of installation capability pursuant to Article 26 (2) are submitted;24-3. Where he or she participates in a tender by fraud or other improper means, such as by counterfeiting or forging documents regarding the evaluation of capabilities to perform projects provided in the latter part of Article 26-2 (1);

25. Where he or she fails to report or present materials, in violation of an order issued under Article 31, or files a false report or presents false materials;

26. When he or she rejects, interferes with, or evades access or an inspection by a public official prescribed in Article 31 without good cause.

(2) Where the firefighting system business entity falls under any of the subparagraphs of paragraph (1), the person who originally placed an order shall inform the Mayor/Do Governor of such fact. <Added on Jan. 27, 2016>(3) Where canceling registration, suspending business, imposing penalty surcharges, etc. pursuant to paragraph (1) or Article 10 (1), the Mayor/Do Governor shall inform the person who originally placed an order of relevant details. <Added on Jan. 27, 2016>(4) Where canceling registration, suspending business, imposing penalty surcharges, etc. pursuant to paragraph (1) or Article 10 (1), the Mayor/Do Governor shall inform the person who originally placed an order of relevant details. <Added on Jan. 27, 2016>[This Article Wholly Amended on Jul. 23, 2010]

Article 10Disposition of penalty surcharges

(1) Where the suspension of business is likely to cause inconvenience to users or be detrimental to the public interest in any case falling under the subparagraphs of Article 9 (1), the Mayor/Do Governor may impose a penalty surcharge not exceeding 200 million won, in lieu of the suspension of business. <Amended on Jun. 9, 2020>(2) An amount of penalty surcharge depending on the type, degree or such of an offense on which a penalty surcharge under paragraph (1) is imposed, and other necessary matters shall be prescribed by Decree of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>(3) Where a person liable to pay a penalty surcharge under paragraph (1) fails to pay it by the payment deadline, the Mayor/Do Governor shall collect it in accordance with the Act on the Collection of Local Non-Tax Revenue. <Amended on Aug. 6, 2013; Mar. 24, 2020>[This Article Wholly Amended on Jul. 23, 2010]

CHAPTER III FIREFIGHTING SYSTEM INSTALLATION WORKS

SECTION 1 Design

Article 11Design

(1) A person whose firefighting system design has been registered pursuant to Article 4 (1) (hereinafter referred to as "design business entity") shall design firefighting systems in compliance with this Act, any order issued under this Act, and the fire safety standards; provided, he or she need not comply with the fire safety standards if the design of a firefighting system is deemed unique in terms of its structure, principle, etc. following deliberation thereon by the Central Firefighting Technology Deliberative Committee established under Article 18 (1) of the Act on Installation and Management of Firefighting Systems. <Amended on Dec. 30, 2014; Feb. 9, 2018; Nov. 30, 2021>(2) Notwithstanding the main clause of paragraph (1), a design business entity shall design (hereinafter referred to as "performance-oriented design") a specific firefighting object (only applicable to new construction) provided in Article 8 (1) of the Act on Installation and Management of Firefighting Systems in consideration of its use, location, structure, capacity to accommodate people, kinds and quantities of inflammables, etc. <Amended on Dec. 30, 2014; Feb. 9, 2018; Nov. 30, 2021>(3) Qualifications for persons eligible to conduct performance-oriented design, technical human resources, the scope of design depending on qualifications, and other necessary matters shall be prescribed by Presidential Decree.

(4) Deleted. <Dec. 30, 2014>[This Article Wholly Amended on Jul. 23, 2010]

SECTION 2 Installation

Article 12Performance of work

(1) A person whose firefighting system installation business has been registered pursuant to Article 4 (1) (hereinafter referred to as "installation business entity") shall conduct installation in compliance with this Act, any order issued under this Act, and the fire safety standards. In such cases, the proviso of Article 11 (1) shall apply mutatis mutandis to installation of a firefighting system, the method of construction of which is unique in terms of its structure, principle, etc.

(2) An installation business entity shall dispatch subordinate fire protection engineers to an installation site for the responsible installation and technical management of firefighting system installation, as prescribed by Presidential Decree.[This Article Wholly Amended on Jul. 23, 2010]

Article 13Filing of commencement reports

(1) When an installation business entity intends to commence installation of a firefighting system prescribed by Presidential Decree, he or she shall report the details of such installation works, the place of installation, and other necessary matters to the head of the fire headquarters or the head of a fire station, as prescribed by Decree of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>(2) When an installation business entity alters important matters prescribed by Decree of the Ministry of the Interior and Safety among the matters reported under paragraph (1), he or she shall report on such alteration, as prescribed by Decree of the Ministry of the Interior and Safety. In such cases, he or she shall report on minor alterations to the head of the fire department headquarters or the head of the fire department as included in an installation supervision report prescribed in Article 20: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Jun. 9, 2020>1. Documents for applying for a completion inspection or partial completion inspection under Article 14 (1) or (2);

2. Installation supervision report under Article 20.

(3) The head of the fire department headquarters or the head of the fire department shall notify the reporter of whether or not the report is accepted within two days from the date of receiving the report on commencement or alteration of installation pursuant to paragraph (1) or the former part of paragraph (2). <Added on Jun. 9, 2020>(4) Where the head of the fire department headquarters or the head of the fire department fails to notify a person who has filed a report of whether to accept it or the extension of handling period pursuant to the statutes or regulations related to civil petition handling within the period prescribed in paragraph (3), the report shall be deemed accepted on the date following the end of such period (referring to the relevant extended handling period in cases of the extension or re-extension of the handling period under the statutes or regulations related to civil petition handling). <Added on Jun. 9, 2020>[This Article Wholly Amended on Jul. 23, 2010]

Article 14Completion inspection

(1) Where an installation business entity has completed installation of a firefighting system, he or she shall undergo a completion inspection conducted by the head of the fire headquarters or the head of a fire station; provided, where an installation supervisor has been designated pursuant to Article 17 (1), an installation supervision report may substitute for the completion inspection, and in cases of a specific firefighting object prescribed by Presidential Decree, the head of the fire headquarters or the head of a fire station may ascertain whether the installation of such specific firefighting system has been completed as stated in the installation supervision report at the installation site.

(2) Where an installation business entity has completed installation of a firefighting system for part of a firefighting object and needs to use a part thereof prior to the completion of the whole system, he or she may file an application for a completion inspection of such part (hereinafter referred to as "inspection on partial completion") with the head of the fire headquarters or the head of a fire station. In such cases, the head of the fire headquarters or the head of a fire station shall ascertain whether installation of such part has been completed.

(3) When the head the fire headquarters or the head of a fire station has conducted a completion inspection prescribed in paragraph (1) or an inspection of partial completion prescribed in paragraph (2), he or she shall issue a certificate of completion inspection or a certificate of partial completion inspection.

(4) Matters necessary for filing applications for completion inspections and inspections of partial completion, and issuance of certificates of inspection prescribed in paragraphs (1) through (3), and other matters necessary for conducting completion inspections and partial completion inspections shall be prescribed by Decree of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>[This Article Wholly Amended on Jul. 23, 2010]

Article 15Repair of defects of installation

(1) When a defect is found in a firefighting system prescribed by Presidential Decree, such as automatic fire-detection equipment, after completing installation of the firefighting system, the relevant installation business entity shall repair such defect during a period prescribed by Presidential Decree. <Amended on Jul. 20, 2015>(2) Deleted. <Jul. 20, 2015>(3) When a defect in a firefighting system is found within a period prescribed in paragraph (1), a related person shall notify the relevant installation business entity of such fact, which in turn shall, upon receipt of such notification, repair it within three days, or notify the related person in writing of a repair plan stating a repair schedule.

(4) Where an installation business entity falls under any of the following circumstances, a related person may notify the head of the fire headquarters or the head of a fire station of such fact:

1. Where an installation business entity fails to repair a defect within a period prescribed in paragraph (3);

2. Where an installation business entity fails to notify a repair plan, in writing, within the period prescribed in paragraph (3);

3. Where a repair plan is deemed inappropriate.

(5) Upon receipt of a notification prescribed in paragraph (4), the head of a fire headquarters or the chief of a fire station shall request a regional firefighting technology deliberative committee established under Article 18 (2) of the Act on Installation and Management of Firefighting Systems to deliberate thereon. Where the deliberation deems that an installation business entity falls under any subparagraph of paragraph (4), he or she shall order the installation business entity to repair any defect within a specified period. <Amended on Dec. 30, 2014; Feb. 9, 2018; Nov. 30, 2021>(6) Deleted. <Jul. 20, 2015>[This Article Wholly Amended on Jul. 23, 2010][Title Amended on Jul. 20, 2015]

SECTION 3 Superintendence

Article 16Supervision

(1) A person whose firefighting system installation supervision has been registered pursuant to Article 4 (1) (hereinafter referred to as "supervising business entity") shall conduct the following affairs when supervising firefighting system installation: <Amended on Dec. 30, 2014; Feb. 9, 2018; Nov. 30, 2021>1. Examining lawfulness of the installation schedule of a firefighting system, etc.;

2. Examining appropriateness (referring to lawfulness and technical rationality; hereinafter the same shall apply) of design documents of a firefighting system, etc.;

3. Examining appropriateness of design changes of a firefighting system, etc.;

4. Examining appropriateness of the location and specification of, and materials used in firefighting appliances defined in Article 2 (1) 7 of the Act on Installation and Management of Firefighting Systems;

5. Instructing and supervising whether installation of a firefighting system, etc. by an installation business entity conforms to design documents and the fire safety standards;

6. Conducting performance tests of completed firefighting systems, etc.;

7. Examining appropriateness of shop drawings prepared by installation business entities;

8. Examining lawfulness of evacuation or fire-prevention facilities;

9. Examining lawfulness of incombustibility and flame-retardant articles of interior decorations.

(2) A person who is not a supervising business entity may supervise a firefighting system installed at a place prescribed by Presidential Decree, which is a firefighting object requiring special safety and security in terms of use and structure.

(3) A supervising business entity, when conducting affairs under paragraph (1), shall follow methods of supervision prescribed by Presidential Decree, such as assigning subordinate supervisors to a firefighting system installation site during a construction period according to the type and object of supervision prescribed by Presidential Decree, and recording the details of performance of duties in a supervising room, etc. <Amended on Jun. 9, 2020>[This Article Wholly Amended on Jul. 23, 2010]

Article 17Designation of installation supervisors

(1) When a relevant person of a specific object of fire service prescribed by Presidential Decree constructs firefighting systems prescribed by Presidential Decree, such as automatic fire detection systems and indoor fire hydrant systems, for the specific object of fire service, he or she shall designate a supervising business entity as an installation supervisor for the supervision of firefighting system installation; provided, where a Mayor/Do Governor selects a supervising business entity under Article 26-2 (2), such supervising business entity shall be designated as an installation supervisor. <Amended on Jul. 20, 2015; Jun. 9, 2020; Jan. 5, 2021>(2) When a related person designates an installation supervisor, as prescribed in paragraph (1), he or she shall report thereon to the head of a fire headquarters or the head of a fire station, as prescribed by Decree of the Ministry of the Interior and Safety. The same shall also apply when he or she replaces an installation supervisor. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>(3) When a related person has replaced an installation supervisor designated pursuant to paragraph (1), the newly designated installation supervisor and the former installation supervisor shall hand over and take over matters regarding the performance of supervision affairs and related documents.

(4) The head of the fire department headquarters or the head of the fire department shall notify the reporter of whether his or her report or report on changes under paragraph (2) is accepted within three days from the date of receiving the notification of designation or change of installation supervisor. <Added on Jun. 9, 2020>(5) Where the head of the fire department headquarters or the head of the fire department fails to notify the reporter of whether his or her report is to be accepted or the extension of the handling period according to statutes or regulations related to handling civil petitions within the period prescribed in paragraph (4), the relevant report shall be deemed accepted on the date following the date on which such period ends (where the handling period is extended or re-extended pursuant to statutes or regulations related to handling civil petitions, referring to the relevant handling period). <Added on Jun. 9, 2020>[This Article Wholly Amended on Jul. 23, 2010]

Article 18Dispatching of supervisors

(1) A supervising business entity shall dispatch subordinate supervisors to firefighting system installation sites to supervise firefighting system installation, as prescribed by Presidential Decree.

(2) When a supervising business entity dispatches subordinate supervisors, he or she shall notify the head of a fire headquarters or the head of a fire station thereof, as prescribed by Decree of the Ministry of the Interior and Safety. The same shall also apply when he or she replaces dispatched supervisors. <Amended on Dec. 30, 2014; Jul. 26, 2017>(3) Detailed standards for dispatching supervisors referred to in paragraph (1) shall be prescribed by Decree of the Ministry of the Interior and Safety. <Added on Dec. 30, 2014; Jul. 26, 2017>[This Article Wholly Amended on Jul. 23, 2010]

Article 19Measures against violations

(1) When a supervising business entity learns, in the course of supervising firefighting system installation, that such installation fails to conform to design documents or the fire safety standards, he or she shall notify a related person of such fact and request the relevant installation business entity to rectify or supplement the relevant installation.

(2) An installation business entity, upon receipt of a request prescribed in paragraph (1), shall comply therewith.

(3) When an installation business entity fails to comply with a request prescribed in paragraph (1) and continues such installation, a supervising business entity shall report thereon to the head of a fire headquarters or the head of a fire station, as prescribed by Decree of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>(4) No related person shall terminate a contract for supervision, reject or postpone payment of the price for the supervision, or give any other disadvantage on the grounds that a supervising business entity has reported to the head of a fire headquarters or the head of a fire station pursuant to paragraph (3).[This Article Wholly Amended on Jul. 23, 2010]

Article 20Notification of results of installation supervision

When a supervising business entity has completed the supervision of firefighting system installation, he or she shall, as prescribed by Decree of the Ministry of the Interior and Safety, notify the results of supervision in writing to the related person of such specific firefighting object, the contractor for firefighting system installation, the architect who has supervised installation of such specific firefighting object, and submit an installation supervision report to the head of the fire headquarters or the head of a fire station. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>[This Article Wholly Amended on Jul. 23, 2010]

SECTION 3-2 Flame Retardation

Article 20-2Flame retardation

A flame-retardant treatment service provider shall conduct flame retardation to meet or exceed the standards for flame retardation performance prescribed in Article 20 (3) of the Act on Installation and Management of Firefighting Systems. <Amended on Feb. 9, 2018; Nov. 30, 2021>[This Article Added on Dec. 30, 2014]

Article 20-3Evaluation and disclosure of flame-retardant treatment capacity

(1) The Fire Commissioner of the National Fire Agency, at the request of a flame-retardant treatment service provider, may evaluate and make public the flame-retardant treatment capacity of the flame-retardant treatment service provider based on its flame-retardant treatment performance, etc.

(2) A flame-retardant treatment service provider that intends to have its capacity evaluated pursuant to paragraph (1) shall submit its flame-retardant treatment performance of the previous year or other documents prescribed by Decree of the Ministry of the Interior and Safety to the Fire Commissioner of the National Fire Agency.

(3) Procedures for applying for evaluation of the flame-retardant treatment capacity under paragraphs (1) and (2), methods to evaluate and make public the flame-retardant treatment capacity, and other necessary matters shall be prescribed by Ministerial Decree of Interior and Safety.[This Article Added on Feb. 9, 2018]