The Fire Service Act and the Hazardous Materials Handler Exam provide an important legal framework for handling hazardous materials. This article explains in an easy-to-understand manner the procedures and permit applications for hazardous materials facilities, which are frequently covered in the exam.
Overview of Permit Application Procedures
When establishing a new hazardous materials facility or modifying the location, structure, or equipment of an existing facility, the following permits are required.
Permits for Facility Establishment and Modification
When establishing a new hazardous materials facility or modifying the location, structure, or equipment of an existing facility, permission from the head of the local fire department or fire chief is required.
Based on Article 11, Paragraph 1 of the Fire Service Act, when changing the location, structure, or equipment of a manufacturing facility, etc., permission from the municipal mayor is required. Construction cannot begin until this permission is obtained.
Approval for Temporary Use
If you temporarily use parts of the facility other than the modified parts during construction, or temporarily store or handle hazardous materials exceeding the specified quantities, approval from the fire chief is required.
Storage and Handling for More Than 10 Days
If you store or handle hazardous materials exceeding the specified quantities for more than 10 days, a special permit separate from the installation permit application is required.
Permit for Preventive Regulations
A permit is also required when establishing preventive regulations at a hazardous materials facility or when modifying existing approved preventive regulations.
Types of Procedures
There are four types of procedures: “Permission,” “Approval,” “Authorization,” and “Notification.” Let’s briefly explain each procedure.
Permission
Permission is required when establishing or modifying hazardous materials facilities or when establishing or modifying preventive regulations. This procedure ensures that the facility meets technical and safety standards.
Approval
Approval is the process by which the competent authority approves specific acts or handling stipulated by laws or ordinances. By obtaining approval, these acts are legally recognized. For example, starting new hazardous materials handling operations requires prior approval.
Authorization
Authorization is required for the temporary storage or handling of hazardous materials exceeding the specified quantities or for the temporary use of parts of the facility during construction. This means obtaining permission for temporary use or handling and applies for a short period. By obtaining authorization, work can proceed while ensuring safety during construction.
Notification
Notification is the procedure by which you notify the competent authority about the handling of hazardous materials or the operation of facilities under certain conditions. By submitting a notification, you report that the legally stipulated standards are met. For example, before starting the use of an existing hazardous materials facility, you must submit a notification to the competent authority.
According to Article 11-4 of the Fire Service Act, when changing the type or quantity of hazardous materials stored or handled without changing the location, structure, or equipment of a manufacturing facility, etc., you must notify the municipal mayor at least 10 days before the change.
Example Exam Question 1
法令上、 製造所等の位置、 構造又は設備を変更する場合の手続きとして、次のうち正しいものはどれか。
(1) 変更の工事をしようとする日の10日前までに、市町村長等に届け出なければならない。
(2) 変更の工事に係る部分が完成した後、直ちに市町村長等の許可を受けなければならない。
(3) 変更の工事に着手した後、市町村長等にその旨を届け出なければならない。
(4) 市町村長等の許可を受けてから変更の工事に着手しなければならない。
(5) 市町村長等に変更の計画を届け出てから変更の工事に着手しなければならない。
According to the law, which of the following is the correct procedure when changing the location, structure, or equipment of a manufacturing facility, etc.?
(1) Notify the municipal mayor at least 10 days before starting the change work.
(2) Obtain permission from the municipal mayor immediately after completing the part of the work related to the change.
(3) Notify the municipal mayor after starting the change work.
(4) Obtain permission from the municipal mayor before starting the change work.
(5) Notify the municipal mayor of the change plan before starting the change work.
Explanation
According to Article 11, Paragraph 1 of the Fire Service Act, when changing the location, structure, or equipment of a manufacturing facility, etc., permission from the municipal mayor is required. Construction cannot begin until this permission is obtained.
Let’s take a closer look at each option:
(1) Incorrect. It is not enough to notify 10 days before; permission must be obtained.
(2) Incorrect. Permission must be obtained before starting the work, not after completing it.
(3) Incorrect. Permission must be obtained before starting the work, not after starting it.
(4) Correct. When changing the location, structure, or equipment of a manufacturing facility, etc., permission from the municipal mayor must be obtained before starting the change work.
(5) Incorrect. It is not enough to notify; permission must be obtained before starting the work.
Answer: (4)
Example Exam Question 2
法令上、あらかじめ市町村長等に届け出をしなければならないのはどれか。
(1) 位置、構造又は設備を変更しないで、製造所等で貯蔵し又は取り扱う危険物の品名、数量を変更する場合
(2) 危険物保安監督者を定めなければならない製造所等において、これを定める場合
(3) 危険物保安監督者を定めなければならない製造所等において、これを解任する場合
(4) 製造所等の譲渡又は引渡を受ける場合
(5) 製造所等を廃止する場合
According to the law, which of the following must be notified to the municipal mayor in advance?
(1) When changing the type or quantity of hazardous materials stored or handled at a manufacturing facility, etc., without changing the location, structure, or equipment.
(2) When appointing a hazardous materials safety supervisor at a manufacturing facility, etc., where such an appointment is required.
(3) When dismissing a hazardous materials safety supervisor at a manufacturing facility, etc., where such an appointment is required.
(4) When transferring or receiving a manufacturing facility, etc.
(5) When abolishing a manufacturing facility, etc.
Explanation
According to Article 11-4 of the Fire Service Act, when changing the type or quantity of hazardous materials stored or handled without changing the location, structure, or equipment of a manufacturing facility, etc., you must notify the municipal mayor at least 10 days before the change. Other options do not have the same prior notification requirement stipulated by law.
Let’s take a closer look at each option:
(1) Correct. Notification must be made at least 10 days before the change.
(2) Incorrect. When appointing a hazardous materials safety supervisor, notification must be made promptly, but not in advance.
(3) Incorrect. When dismissing a hazardous materials safety supervisor, notification must be made promptly, but not in advance.
(4) Incorrect. The transferee or recipient must notify the municipal mayor promptly, but not in advance.
(5) Incorrect. When abolishing a manufacturing facility, notification must be made promptly, but not in advance.
Answer: (1)
Conclusion
This article explained the procedures and types of permits for hazardous materials facilities. We covered important points such as permit applications for changing the location, structure, or equipment of manufacturing facilities, approval for temporary use, and permits for changing preventive regulations. We also included example exam questions to help with exam preparation.
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