6th Report of Market Access Ombudsman Council (March 16, 2000)

5-(2) Reviewing standards for installing equipment using fire under the Fire Service Law

1. Complainant: Tokyo Chamber of Commerce and Industry

2. Ministry concerned: Ministry of Home Affairs

3. Background:

(1) System for fire prevention restrictions under the Fire Service Law

The Fire Service Law aims to protect citizens' lives, persons and assets from disasters, and the handling of equipment using fire is covered by municipal ordinances. The Fire Defense Agency of the Ministry of Home Affairs sets out the prototype rules of the fire prevention ordinances (hereafter referred to as "the prototype rules" and the head of the Agency issues a notice to the governors of all prefectures requesting them to direct the heads of municipalities, which set out the ordinances, to begin preparing proposals for fire prevention ordinances in accordance with the prototype rules. Additionally, as a supplement to this notice, a notice detailing points requiring attention concerning application of the prototype rules is issued in the name of Fire Defense Agency section heads to the officials in charge of fire service in each prefecture.

(2) Standards, certification

1) Standards relating to equipment using fire
Standards relating to equipment using fire are set out in municipal ordinances following the prototype rules of the fire prevention ordinances, to maintain a safe distance in fire prevention terms (separation distance) between equipment using fire and building structures and flammable materials. The specific distance is stipulated in a separate schedule, for equipment consuming small amounts of energy.
In the case of equipment consuming large amounts of energy, the separation distance is not uniform and is often judged in each case by the fire service authorities. Accordingly, many municipal ordinances do not specify a uniform distance, in the case of equipment using fire consuming large amounts of energy.
In the case of equipment for which there are no specifications in ordinances, the Japan Gas Appliances Inspection Association public service foundation carries out fire prevention capacity evaluation. For commercial gas equipment meeting the fire prevention capacity evaluation standards and displaying certification of the Association, the Research Committee for Installation Standards for Gas-Consuming Equipment within the above-mentioned Association has established installation standards for such equipment. The Fire Defense Agency issues a notice in the name of section heads to the officials in charge of fire service in each prefecture, requesting them to direct that commercial gas equipment meeting the fire prevention capacity evaluation standards and displaying certification by the Japan Gas Appliances Inspection Association be installed in accordance with the said installation standards, and municipalities use this as the specific judgment criterion when applying their ordinances. The installation standards for commercial gas equipment apply only to equipment meeting the fire prevention capacity evaluation standards and displaying certification by the Association. For equipment not displaying certification by the Association, there are no established standards, and judgment is made by the fire service authorities in each case.

2) Confirmation of safety by the fire service authorities
When the fire service authorities are notified of installation of equipment using fire, confirmation is made in each case as to whether installation meets ordinance standards. In the case of many municipalities whose fire prevention ordinances do not specify the separation distance, for example, in the case of commercial gas equipment consuming particularly large amounts of energy, the fire service authorities confirm the safety of the commercial gas equipment in question based on the structure of the areas adjacent to the location of installation, test data for the equipment, labeling stating that the equipment meets the fire prevention capacity evaluation standards of the Japan Gas Appliances Inspection Association, and so on.

4. Complaint:

The complainant imported commercial gas equipment from abroad and attempted to use it, but was instructed by the fire department to use equipment which had passed inspection by the Japan Gas Appliances Inspection Association and was certified by the Research Committee for Installation Standards for Gas-Consuming Equipment. Although the equipment imported meets the standards and specifications of other countries, it must undergo costly and time-consuming re-inspection in order to be used in Japan.
At present, the Fire Defense Agency of the Home Affairs Ministry sets out specific judgment criteria for only certain products displaying certification by specific public service bodies, where application of ordinances is concerned, and this is a barrier to the entry of foreign products in the Japanese market. Further, only the Japan Gas Appliances Inspection Association carries out fire prevention capacity evaluation, and test data from foreign countries is not even accepted.
The Fire Defense Agency of the Home Affairs Ministry should clarify specific judgment criteria for all products, not only those certified by specific public service bodies.

5. Results of deliberation:

According to the ministry concerned, it is difficult to specify a uniform separation distance in the case of equipment using fire consuming large amounts of energy, and accordingly the fire service authorities determine the separation distance on site, based on test data for the equipment and the building structure. However, for equipment using fire for which no uniform guidelines are set out, some fire service authorities have difficulty handling the matter adequately when judging the separation distance based on test data in individual cases, and as a result, confusion such as that described in this complaint occurs in some cases. Therefore, the ministry concerned should show some guidelines for separation distance, both for fire prevention and to improve market access.
The ministry concerned issues a notice to the prefectures requesting them to install commercial gas equipment certified by the Japan Gas Appliances Inspection Association based on the installation standards for commercial gas equipment drawn up by the Association, but for products other than those certified by a specific association, it should ensure that all fire service authorities are aware of the need to confirm separation distance in each case, based on test data and so on.

Based on the above, the ministry concerned should take the following measures concerning separation distance for equipment using fire.

(1) For equipment using large amounts of energy and for which it is possible to establish types for separation distance, the ministry should draw up guidelines during FY2000 and inform fire service authorities of these guidelines.

(2) All fire service authorities should be informed immediately, by notice or other appropriate means, of the need for each fire service authority to also confirm the safety in terms of fire prevention of equipment other than that which has passed inspection and been certified by the Japan Gas Appliances Inspection Association or other bodies.

Government decision (March 21, 2000)

5-(2) Reviewing standards for installing equipment using fire under the Fire Service Law

The following measures will be taken concerning separation distance for equipment using fire.

(1) For equipment using large amounts of energy and for which it is possible to establish models for separation distance, the ministry will draw up guidelines during FY2000 and inform fire service authorities of these guidelines.

(2) All fire service authorities will be informed immediately, by notice or other appropriate means, of the need for each fire service authority to also confirm the safety in terms of fire prevention of equipment other than that which has passed inspection and been certified by the Japan Gas Appliances Inspection Association or other bodies.