4th Report of the Market Access Ombudsman Council (March 17, 1997)

3-(3) Deregulation on refrigeration facilities

1. Complainant: Tokyo Chamber of Commerce

2. Ministry concerned: Ministry of International Trade and Industry

3. Background:

Manufacturers of pressurized gases which come under Article 2 of the Pressurized Gas Control Law, are obliged by Article 5 of the law to obtain a permit from or report to the prefectural governor, depending on gases as coolant must appoint coolant safety officers as described below and must supervise maintenance operations for the facilities in question. In the case of freezing equipment with a freezing capacity of over 50 tons, and in accordance with facilities classification according to regulations in Article 22 of the law, the safety officer appointed for facilities with a daily freezing capacity of over 300 tons must hold a Class I supervisor's license for freezing equipment; for facilities with a daily freezing capacity of over 100 tons to under 300 tons, the safety officer appointed must hold a Class II supervisor's license for freezing equipment or better; for facilities with a daily freezing capacity of over 50 tons to under 100 tons, the safety officer appointed must hold a Class III supervisor's license for freezing equipment or better.

Chlorofluorocarbon 11, whose manufacture is prohibited in order to preserve the ozone layer, is not considered a pressurized gas, due to its character for burning, in Article 2 of the Pressurized Gas Control Law and does not come under its provisions. However, fluorocarbon 134a, used as a substitute for chlorofluorocarbon 11, is considered a pressurized gas, because of its character for burning, and comes under the law.

4. Complaint:

Since alternative chlorofluorocarbon gas has begun to be used in building cooling systems as a result of the ban on the manufacture of chlorofluorocarbons, more cooling systems are requiring certified operators. Generally speaking, a building with a total floor space of over 20,000 square meters requires a cooling system with a capacity of over 300 freezing tons, but cooling equipment which comes under the Pressurized Gas Control Law (freezing safety regulations) requires an operator with a Class I supervisor's license. However, since there has been virtually no need for personnel with such qualifications until now, their numbers are extremely limited and this is creating major problems in the operation of freezing systems. Persons with the less advanced qualification (Class II) should be allowed to operate the systems and the requirement to have qualified personnel on duty at all times while the system is running should be eased.

5. Results of deliberation:

Although intended to prevent accidents, overly stringent safety regulations increase the burden on businesses. From the perspective of creating an environment conducive to international business, such regulations can inhibit direct investment in Japan and should be kept to a minimum.

The concerned ministry has taken steps to eliminate the requirement for qualified personnel if cooling facilities are named as designated facilities, so that persons with Class II certification can operate building cooling systems. In other words, upon application by building cooling system manufacturers, cooling systems which are deemed to be safe in terms of structure and features, through the presence of various safety and control apparatus, are now considered designated facilities, under the designation system dating from February 1996, and users of designated cooling systems are no longer required to appoint safety officers, even if the system in question has a cooling capacity of over 50 tons.

In the light of this complaint, the concerned ministry will study the requirement to appoint a safety officer for cooling equipment other than designated equipment, based on past safety records and in order to apply the system in a practical manner, in a committee including prefectural staff in charge and persons in related businesses during FY1997, and based on the results of this study, will change ordinances, etc. to this effect during FY1997.

In order to reduce the burden on businesses, the concerned ministry should study the matter and, after reaching a conclusion, take the necessary action as soon as possible.

Government decision (March 25,1997)

3-(3) Deregulation on refrigeration facilities

Taking into consideration maintenance performance so far, a committee composed of the prefectural staff in charge and persons in related businesses will study how to streamline the selection process of qualified persons for refrigeration facilities other than those specified. They will reach a conclusion as soon as possible, and when measures are necessary on the basis of their decisions, the related legal statutes will be amended during FY 1997.