Chapter III. Authorized Agency for Individual Examination

(Division of Designation)

Article 11.  The division provided by the Ministry of Health, Labour and Welfare Ordinance on the basis of paragraph 1 of Article 46 of the Law which applies mutatis mutandis in Article 54 of the Law shall be as follows:

(1)  Emergency stops for rolling mills for kneading rubber, rubber compounds or synthetic resins as described in item 2 of Article 13 of the Cabinet Order which are of an electric control system.

(2)  Second class pressure vessels as described in item 8 or Article 13 of the Cabinet Order.

(3)  Small sized boilers as described in item 23 of Article 13 of the Cabinet Order.

(4)  Small sized pressure vessels as described in item 24 of Article 13 of the Cabinet Order.

(Application for Designation)

Article 12.  The person who applies for the designation under the paragraph 1 of Article 46 of the Law which applies mutatis mutandis in Article 54 of the Law shall submit to the Minister of Health, Labour and Welfare an application form of designation as an individual examination agency (Form No. 1) and the following documents:

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

(2)  List of assets and the balance sheet for the business year prior to the business year including the date of application.

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

(4)  Documents describing the following:

a)  Names and personal records of officers, and names of members (appellation of the juridical person in case the members is a juridical person).

b)  Type, number and capacity of machines, appliances and other equipment to be used for individual examination (hereinafter referred to as "individual examination machines, etc.").

c)  Qualifications and number of examiners.

d)  When the person conducts business other than that of individual examinations, the type and outline of such other business.

(Standard of Designation)

Article 13.   The standard provided by the Ministry of Health, Labour and Welfare Ordinance based on paragraph 3 or Article 46 of the Law which applies mutatis mutandis in Article 54 of the Law shall be as follows:

(1)  The applicant shall be a juridical person incorporated, the composition of the officers or members may not interfere with a fair enforcement of individual examinations.

(2)  The applicant shall be designated as an examination agency only when such applicant employs a chief examiner (one of the examiners who directs other examiners and directly manages the business of individual examination related to the application made in accordance with the preceding Article (hereinafter referred to as an "application" in this Chapter) who falls under either one of the following:

a)  A person who has graduated with a major related to engineering from a university or a college, or in a higher technical school accredited under the School Education Law and who has experience of ten years or longer in the business of the research, designing, manufacture, inspection or individual examination of machines, etc., listed in each item of Article 11 (hereinafter referred to as "machines, etc., for individual examination") which are related to an application.

b)  A person who has graduated with a major related to engineering from a senior high school or a secondary education school accredited under the School Education Law and who has experience of 15 years or longer in the business of the research, designing, manufacture, inspection or individual examination of machines, etc., for individual examination which are related to an application.

c)  Other persons for whom the Minister of Health, Labour and Welfare provides.

(3)  The number of examiners shall be at least the one needed to conduct the business of individual examination related to an application.

(4)  The number of individual examination machines, etc., shall be at least the one needed to conduct the business of individual examination related to an application.

(5)  The applicant shall conduct technical research, studies, etc., on machines, etc., for individual examination related to an application.

(6)  The applicant shall have the  financial basis needed to conduct the business of individual examination adequately and smoothly.

(7)  When the applicant conducts business other than the business of individual examination, no possibility that individual examination are conducted in an unfair manner shall exist because the applicant conducts such other business.

(8)  The designation of the applicant as an individual examination agency may not interfere with an adequate and smooth enforcement of individual examination of machines, etc., for individual examination related to an application.

(Qualifications of an Examiner)

Article 14.  (Amended) The person who is qualified in accordance with the Ministry of Health, Labour and Welfare Ordinance, as specified in paragraph 2 of Article 47 of the Law which applies mutatis mutandis in Article 54 of the Law shall be one who falls under either one of the following:

(1)  A person who has graduated with a major related to engineering from university or a college, or from a higher technical school accredited under the School Education Law and who falls under either of the following:

a)  In the case of an examiner who is engaged in the examination of machines, etc., for individual examination listed in item 1 of Article 11, one who has been engaged in the business of research, designing, manufacture, inspection or individual examination of machines, etc., for individual examination related to the individual examination to be conducted by the person at least for two years.

b)  In the case of an examiner who is engaged in the examination of machines, etc., for individual examination listed in items 2, 3 and 4 of Article 11, one who has completed the training course provided by the Minister of Health, Labour and Welfare.

(2)  A person who has graduated with a major related to engineering from a senior high school or a secondary education school accredited under the School Education Law and who falls under either of the following:

a)  In the case of an examiner who is engaged in the examination of machines, etc., for individual examination listed in item 1 of Article 11, one who has been engaged in the business of the research, designing, manufacture, inspection or individual examination of machines, etc., for individual examination related to the individual examination to be conducted by the person at least for five years.

b)  In the case of an examiner who is engaged in the examination of machines, etc., for individual examination listed in items 2, 3 and 4 of Article 11, one who has completed the training course provided by the Minister of Health, Labour and Welfare.

(3)  Other persons for whom the Minister of Health, Labour and Welfare provides.

(Service Rules)

Article 15.  An authorized agency for individual examination shall, when applying for approval of its service rules in accordance with the former part of paragraph 1 of Article 48 of the Law which applies mutatis mutandis in Article 54 of the Law, submit an application form of approval of service rules (Form No. 2) and such service rules to the Minister of Health, Labour and Welfare.

2.  The items to be provided in such service rules shall be as follows:

(1)  Items concerning the hours during which the business of individual examination is conducted, and holidays.

(2)  Items concerning the place in which the service of individual examination is conducted.

(3)  Items concerning the amount of fees and the method of payment and collection of such fees.

(4)  Items concerning the seal impression verifying the passing of the individual examination.

(5)  Items concerning the appointment, dismissal and posting of examiners.

(6)  Items canceling the custody of documents and books on individual examinations.

(7)  Other items other than those listed in each preceding item which are necessary to the service of individual examinations.

3.  An authorized agency for individual examination shall, when applying for an approval of its revised service rules in accordance with the latter part of paragraph 1 of Article 48 of the Law which applies mutatis mutandis in Article 54 of the Law, submit an application form for approval of revised service rules (Form No. 3) to the Minister of Health, Labour and Welfare.

(Suspension or Abolition of Service)

Article 16.  An authorized agency for individual examination shall, when applying for an approval of the suspension or abolition of its service of individual examination in accordance with the provisions of Article 49 of the Law which applies mutatis mutandis in Article 54 of the Law, submit an application form for approval of suspension or abolition of the service of individual examination (Form No. 4) to the Minister of Health, Labour and Welfare.

(Appointment of an Examiner)

Article 17.  An authorized agency for individual examination shall, when applying for an approval of appointment of examiners in accordance with the provisions of paragraph 1 of Article 51 of the Law, which applies mutatis mutandis in Article 54 of the Law, submit an application form for approval of the appointment of examiners (Form No. 5) and a document describing the personal recorded of examiners to be appointed to the Minister of Health, Labour and Welfare.

(Report)

Article 18.  An authorized agency for individual examination shall, when dismissing its examiners, submit without delay a report of dismissal of examiners (Form No. 7) to the Minister of Health, Labour and Welfare.

(Book)

Article 19.  An authorized agency for individual examination shall maintain a book describing the following matters on machines, etc., for individual examination for which an individual examination has been conducted, and shall keep such a book for ten years from the day when such matters have been described:

(1)  Name of the person who has received such an individual examination.

(2)  Kind, model and capacity of machines, etc., for individual examination.

(3)  Date of such an individual examination.

(4)  Name(s) of examiners(s) who has (have) conducted such an individual examination.

(5)  Number of approval of such an individual examination.

(Public Announcement)

Article 19-2.  The provisions of Article 1-11 shall apply mutatis mutandis to authorized agency for individual examination. In such case, "item 1of paragraph 1 of Article 38" in the Table of the same Article shall be read as "paragraph 1 of Article 44", "inspection at time of manufacture, etc." shall be read as "individual inspection" and "Article 53-2" shall be read as "Article 54."