Designated Quantities and Legal Regulations

Statute

Designated quantities are legally restricted amounts of hazardous materials set by the Fire Service Law. The amount is determined based on the hazard level of the substance, with more hazardous substances having smaller designated quantities.

Designated Quantities and Regulations

When Exceeding Designated Quantities

  • Strict notification obligations and safety management measures are required.
  • Specific permissions are needed, and a fire safety manager must be appointed.
  • Regulations to ensure safety, such as building standards, are strengthened for storage facilities.

When Below Designated Quantities

  • Regulations based on the Fire Service Law are relaxed, but basic safety management and fire prevention measures based on local government ordinances are applied.
  • In certain situations, such as when transporting hazardous materials in containers by vehicle, regulations of the Fire Service Law may apply.

This ensures a balance between appropriate safety measures and legal regulations, aiming to minimize the risk of fire and accidents.

Exam Question Example 1

Example 1

消防法では指定数量以上の危険物の取扱いについて規制しているが、 指定数量未満の危険物の規制について、 次のうち正しいものはどれか。
(1) 規制はなく、取扱いは自由である。
(2) 危険物の重量を勘案して法令で定める数量の事をいう。
(3) 消防法令で準危険物として規制される。
(4) 火災予防条例 (市町村条例)によって規制される。
(5) 貯蔵については規制されないが、 運搬についてのみ火災予防条例(市町村条例)によって規制される。
The Fire Service Law regulates the handling of hazardous materials above designated quantities, but regarding those below designated quantities, which of the following is correct?
(1) There are no regulations, and handling is free.
(2) Refers to the quantity determined by law considering the weight of hazardous materials.
(3) Regulated as quasi-hazardous materials under fire service law.
(4) Regulated by the Fire Prevention Ordinance (municipal ordinance).
(5) Storage is not regulated, but transportation is regulated only by the Fire Prevention Ordinance (municipal ordinance).

Explanation
(1) Incorrect. Even for hazardous materials below the designated quantities, handling is not completely free; regulations are set by local government ordinances.
(2) Incorrect. Designated quantities are considered based on the hazard level.
(3) Incorrect. There is no category such as quasi-hazardous materials under the Fire Service Law.
(4) Correct. Hazardous materials below designated quantities are commonly regulated by local government fire prevention ordinances, which require additional safety measures tailored to the region.
(5) Incorrect. Even below designated quantities, regulations by local ordinances may apply to storage.

Answer: ‘4’

Exam Question Example 2

Example 2

指定数量と法規制について、 次のうち正しいものはどれか。
(1) 危険物の取扱い、貯蔵は量にかかわらず消防法の規制を受ける。
(2) 指定数量以下の危険物の取扱い、貯蔵は火災予防条例(市町村条例)によって規制される。
(3) 指定数量以上の危険物の取扱い、貯蔵は消防法の規制を受ける。
(4) 指定数量以上の危険物の取扱い、貯蔵は都道府県知事の許可を受けねばならない。
(5)航空機 船舶、鉄道による危険物の貯蔵・取扱い・運搬・給油については消防法の規制は受けない。
Regarding designated quantities and legal regulations, which of the following is correct?
(1) The handling and storage of hazardous materials are regulated by the Fire Service Law regardless of quantity.
(2) Handling and storage of hazardous materials below designated quantities are regulated by the Fire Prevention Ordinance (municipal ordinance).
(3) Handling and storage of hazardous materials above designated quantities are regulated by the Fire Service Law.
(4) Handling and storage of hazardous materials above designated quantities require the permission of the prefectural governor.
(5) Storage, handling, transportation, and fueling of hazardous materials by aircraft, ships, and railways are not regulated by the Fire Service Law.

Explanation
(1) Incorrect. The Fire Service Law specifically imposes strict regulations on hazardous materials above designated quantities, while those below are primarily regulated by local government fire prevention ordinances.
(2) Incorrect. The Fire Prevention Ordinance (municipal ordinance) regulates below designated quantities.
(3) Correct. This is a fundamental provision of the Fire Service Law, which mandates notification obligations, permission requirements, and safety management measures for hazardous materials above designated quantities.
(4) Incorrect. The necessary administrative action is permission, not approval by the prefectural governor.
(5) Incorrect. Although storage, handling, and transportation are not regulated, fueling involves high risks of fire and explosion and is therefore regulated by the Fire Service Law.

Answer: ‘3’

Summary

This article has provided a detailed explanation of designated quantities set under the Fire Service Law.

  • Designated quantities are determined considering the nature and hazard level of materials, with those posing higher risks having smaller quantities.
  • Different regulations apply depending on whether the quantity exceeds or is below the designated amount.
  • For quantities above the designated amount, strict notification obligations, specific permission requirements, and safety management measures are enforced under the Fire Service Law.
  • For quantities below the designated amount, while regulations of the Fire Service Law are relaxed, basic safety management and fire prevention measures based on local government ordinances are required.

In this way, the main purpose of the Fire Service Law is to minimize the risk of fire and accidents by maintaining a balance between appropriate legal regulations and safety measures.


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