Chapter I-II. Authorized Agency for Inspection at Time of Manufacture, etc.

(Division of Designation)

Article 1-2. The division of designation under the Ministry of Health, Labour and Welfare Ordinance based on paragraph 1 of Article 46 of the Law shall be specified waste heat boilers described under paragraph 1 of Article 5 of the Ordinance on Boiler and High Pressure Vessel Safety (Ministry of Labour Ordinance 33, 1972).

(Application for Designation)

Article 1-3. A person who applies for designation under paragraph 1 of Article 46 of the Law shall submit an authorized agency for inspection at time of manufacture, etc. application (Form 1) to the Minister of Health, Labour and Welfare with the following documents attached.

(1)  Certified copy of the articles of incorporation or the articles of association, and of the register;

(2)  List of assets and balance sheets for the fiscal year including the date of application and the previous fiscal year;

(3)  Business program and a budget of income and expenditure for the fiscal year including the date of application and the next fiscal year;

(4)  Documents describing the following;

a)  Names and brief personal histories of officers, and name of members (hereinafter referred to as the members) such as employees and stock holders (appellation of the juridical person in case the member is the juridical person) 

b)  Type and number of machines, appliances and other equipment to be used for inspection at time of manufacture, etc. (hereinafter referred to as "inspection at time of manufacture, etc. machines, etc.)

c)  Qualifications and number of inspectors

d)  When the applicant conducts business other than that of inspection at time of manufacture, etc. the type and outline of such other business.

(Standard of Designation)

Article 1-4. The standards provided for by the Ministry of Health, Labour and Welfare Ordinance based on paragraph 3 of Article 46 of the Law shall be as follows.

(1)  The applicant shall be a juridical person incorporated, the composition of whose officers or members shall not interfere with the fair implementation of inspection at time of manufacture, etc.;

(2)  The applicant shall employ a chief inspector (refers to a person who supervises other inspectors and directly manages the inspection at time of manufacture, etc. related to the application under the provisions of the preceding Article, called "Application" below in this Chapter) who meets one of the following stipulations;

a)  A person who majored in an engineering-related subject at a university (here and below includes universities under the former University/college Ordinance, Imperial Ordinance No. 388, 1918) or a higher technical school (here and below includes higher technical schools under the former HigherTechnical School Ordinance, Imperial Ordinance No. 61, 1903) accredited under the School Education Law and duly graduated and has at least ten years experience of the inspection at  time of manufacture, etc. with the machines, etc. (called "machines, etc., for time of manufacture, etc., inspection" below) related to the application.

b)  A person who majored in an engineering-related subject at a senior high school (here and below includes vocational schools under the former Secondary School Ordinance, Imperial Ordinance No. 36, 1943) or secondary education school accredited under the School Education Law and duly graduated and has at least fifteen years experience of the inspection at time of manufacture, etc. with machines, etc. for time of manufacture, etc. inspection related to the application.

c)  Other persons specified by the Minister of Health, Labour and Welfare.

(3)  The number of inspectors shall be at least the number needed to conduct the inspection at  time of manufacture, etc. related to the application.

(4)  The number of time of manufacture, etc. inspection machines, etc. shall be at least the number needed to conduct the inspection at  time of manufacture, etc. related to the application.

(5)  The applicant shall be a body that conducts technical research, studies, etc. on the machines, etc. for time of manufacture, etc. inspection related to the application.

(6)  The applicant shall have the financial basis needed to conduct the inspection at  time of manufacture, etc. appropriately and smoothly.

(7)  Where the applicant conducts business other than inspection at  time of manufacture, etc. the conduct of said other business shall have no possibility of causing the unfair conduct of inspection at  time of manufacture, etc.

(8)  The designation of the applicant as an inspection agency shall not interfere with the appropriate and smooth conduct of inspection at  time of manufacture, etc. related to the application.

(Qualifications of Inspectors)

Article 1-5. Persons qualified under the Ministry of Health, Labour and Welfare Ordinance based on paragraph 2 of Article 47 of the Law shall be those who meet any one of the following stipulations.

(1)  A person who majored in a subject related to engineering at a university or higher technical school accredited under the School Education Law and duly graduated and who has completed the training specified by the Minister of Health, Labour and Welfare.

(2)  A person who majored in a subject related to engineering at a senior high school or secondary education school accredited under the School Education Law and duly graduated and who has completed the training specified by the Minister of Health, Labour and Welfare.

(3) Other persons specified by the Minister of Health, Labour and Welfare.

(Service Rules)

Article 1-6. An authorized agency for inspection at time of manufacture, etc. shall, when applying for approval of its service rules under the former part of paragraph 1 of Article 48 of the Law, submit a service rules approval application (Form 2) to the Minister of Health, Labour and Welfare with said service rules attached.

2. The items to be provided for in the service rules of the authorized agency for inspection at time of manufacture, etc. shall be as follows.

(1)  The hours during which the inspection at time of manufacture, etc. is conducted and holidays

(2)  Fees and the methods of payment

(3)  Information concerning the carved seal for machines, etc. for time of manufacture, etc. inspection that pass the inspection at time of manufacture, etc. and the affixing of the seal on completion of the inspection at time of manufacture, etc.

(4)  Information concerning the appointment, dismissal and stationing of inspectors

(5)  Information concerning the storage of documents and records related to inspection at  time of manufacture, etc.

(6)  In addition to the information listed in the preceding items, other information necessary for the work of inspection at time of manufacture, etc.

3. The authorized agency for inspection at time of manufacture, etc. shall, when applying for approval for modification of service rules under the provisions of the latter part of paragraph 1 of Article 48 of the Law, submit an application for approval for modification of service rules (Form 3) to the Minister of Health, Labour and Welfare.

(Suspension or Abolition of Service)

Article 1-7. The authorized agency for inspection at time of manufacture, etc. shall, when applying for permission to suspend or abolish service under the provisions of Article 49 of the Law, submit an application for permission to suspend or abolish service (Form 4) to the Minister of Health, Labour and Welfare.

(Appointment of Inspectors)

Article 1-8. The authorized agency for inspection at time of manufacture, etc. shall, when applying for approval of the appointment of an inspector under the provisions of paragraph 1 of Article 51 of the Law, submit an application for approval for the appointment of an inspector (Form 5) to the Minister of Health, Labour and Welfare with documents describing the history of the inspector it intends to appoint attached.

(Report)

Article 1-9. The authorized agency for inspection at time of manufacture, etc. shall, when it has dismissed an inspector, submit an inspector dismissal report (Form 7) to the Minister of Health, Labour and Welfare without delay.

(Book)

Article 1-10. The authorized agency for inspection at time of manufacture, etc. shall maintain a book recording the following information about time of manufacture, etc., inspection machines that it has inspected and keep such book for three years from the date when the information was recorded.

(1)  The name or title and address of the person who received the inspection at time of manufacture, etc.

(2)  Information concerning the model, structure and performance of machines etc. for  time of manufacture, etc., inspection and its safety devices and attachments.

(3)  The date when the inspection at time of manufacture, etc. was conducted.

(4)  The name of the inspector who conducted the inspection at time of manufacture, etc.

(5)  The results of the inspection at time of manufacture, etc.

(6)  The number of the inspection at time of manufacture, etc., certificate.

(7)  Other important information concerning the inspection at time of manufacture, etc.

(Public Announcement)

Article 1-11. The Minister of Health, Labour and Welfare shall, in the case shown in the left column of the following table, publicly announce the matters shown in the right column of the same table on the official gazette.