Section 1 Common Rules
第一節 通則
Article 46Disaster Prevention and Responsibility for its Implementation
第四十六条(災害予防及びその実施責任)
Disaster prevention is to be performed in order to preemptively prevent the occurrence or spread of any disaster with respect to the following matters:
災害予防は、次に掲げる事項について、災害の発生又は拡大を未然に防止するために行うものとする。
matters concerning maintenance of organizations for disaster management;
防災に関する組織の整備に関する事項
matters concerning education and drills for disaster management;
防災に関する教育及び訓練に関する事項
matters concerning stockpiling, preparation, and inspection of goods and materials for disaster management;
防災に関する物資及び資材の備蓄、整備及び点検に関する事項
matters concerning maintenance and inspection of facilities and equipment for disaster management;
防災に関する施設及び設備の整備及び点検に関する事項
matters concerning measures to be taken in advance to implement mutual support smoothly and to ensure cooperation from private groups when a disaster has occurred or is likely to occur;
災害が発生し、又は発生するおそれがある場合における相互応援の円滑な実施及び民間の団体の協力の確保のためにあらかじめ講ずべき措置に関する事項
matters concerning measures to be taken in advance to protect the life or body of persons requiring special care from disaster;
beyond what is provided for in each of the preceding items, other matters concerning improvement of conditions that will hinder the implementation of emergency disaster control measures in the event of a disaster.
The head of a designated administrative organ, the head of a designated local administrative organ, the head or any other executive agency of a local government, designated public corporations and local public corporations, and any other parties responsible pursuant to the provisions of laws and regulations for the implementation of disaster prevention must carry out disaster prevention, as provided for by laws and regulations or under a disaster management plan.
The head of a designated administrative organ, the head of a designated local administrative organ, the head or any other executive agency of a local government, designated public corporation and designated local public corporation, any public organization, and administrators of facilities important for disaster management (hereinafter referred to as "persons responsible for disaster prevention" in this Chapter), as provided for by laws and regulations or under a disaster management plan, must each conduct maintenance of and endeavor to continually improve organizations necessary for anticipating and forecasting disasters or promptly transmitting information on disasters, with respect to the function or operations under their jurisdiction.
Beyond what is provided for in the preceding paragraph, as provided for by laws and regulations or under a disaster management plan, in the interest of accurate and smooth implementation of a disaster management operation plan or area disaster management plan, persons responsible for disaster prevention, must conduct maintenance of organizations for disaster management and set standards for the assignment and service of officials engaged in affairs and operations concerning disaster management.
Article 47-2Implementation of Disaster Management Education
第四十七条の二(防災教育の実施)
Persons responsible for disaster prevention must endeavor to perform disaster management education with respect to the function or operations under their jurisdiction, severally or in concert with other persons responsible for disaster prevention, as provided for by laws and regulations or under a disaster management plan.
When persons responsible for disaster prevention intend to carry out a disaster management education prescribed in the preceding paragraph, they may seek the cooperation of education organs and other private or public groups concerned.
Article 48Duty of Disaster Reduction Drill
第四十八条(防災訓練義務)
Persons responsible for disaster prevention must perform disaster reduction drills, severally or in concert with other persons responsible for disaster prevention, as provided for by laws and regulations or under a disaster management plan.
When the prefectural public safety commission finds it particularly necessary for the effective implementation of the disaster reduction drills prescribed in the preceding paragraph, it can designate zones or sections of road for which pedestrian or vehicular passage is banned or restricted, as provided for by Cabinet Order, to the extent that is necessary for implementing the disaster reduction drill.
都道府県公安委員会は、前項の防災訓練の効果的な実施を図るため特に必要があると認めるときは、政令で定めるところにより、当該防災訓練の実施に必要な限度で、区域又は道路の区間を指定して、歩行者又は車両の道路における通行を禁止し、又は制限することができる。
The officials and other employees of organizations to which persons responsible for disaster prevention belong and employees and other workers of persons responsible for disaster prevention must participate in disaster reduction drills prescribed in paragraph (1) as provided for under a disaster management plan and as determined by persons responsible for disaster prevention.
When persons responsible for disaster prevention intend to carry out disaster reduction drills as set forth in paragraph (1), they may seek the cooperation of the local residents and other private or public groups concerned.
Article 49Responsibility for Stockpiling Goods and Materials Necessary for Disaster Management, Etc.
第四十九条(防災に必要な物資及び資材の備蓄等の義務等)
Persons responsible for disaster prevention, as provided for by laws and regulations or under a disaster management plan, must stockpile, prepare, or inspect goods and materials necessary for emergency disaster control measures or recovery and reconstruction concerning the function or operations under their jurisdiction, and conduct maintenance or inspection of facilities and equipment for disaster management under their control.
The head of a local government must publicly announce, once every year, the state of the stockpiling of goods under the preceding paragraph.
地方公共団体の長は、毎年一回、前項の規定による物資の備蓄の状況を公表しなければならない。
Article 49-2Necessary Measures to Implement Smooth and Mutual Support
第四十九条の二(円滑な相互応援の実施のために必要な措置)
Persons responsible for disaster prevention, with respect to the function or operations under their jurisdiction, and in order to prepare for situations where they must receive support from others or support others in implementing emergency disaster control measures or recovery and reconstruction, must endeavor to take measures necessary to receive support from others or support others smoothly, such as concluding a mutual support agreement or implementing joint disaster reduction drills, as provided for by laws and regulations or under a disaster management plan.
In addition to taking the measures under the preceding paragraph, the head of a designated administrative organ and the head of a designated local administrative organ must endeavor to provide prompt and appropriate support to other persons responsible for emergency disaster control measures (meaning the persons responsible for emergency disaster control measures prescribed in Article 51, paragraph (1)) by promoting securing and training of personnel with advanced and professional technology, knowledge, or experience, development of equipment and materials, development of a system to provide support flexibly according to the conditions of the disaster, strengthening of cooperation with diverse entities, and other efforts.
Article 49-3Necessary Measures to Obtain Cooperation from Material Suppliers
第四十九条の三(物資供給事業者等の協力を得るために必要な措置)
Persons responsible for disaster prevention, with respect to the function or operations under their jurisdiction, and in order to prepare for situations where it is necessary to obtain cooperation from goods suppliers, etc. (which means those who supply or provide goods or materials or services necessary for emergency disaster control measures or recovery and reconstruction, or private groups who conduct activities related to emergency disaster control measures or recovery and reconstruction; hereinafter the same applies in this Article) in implementing emergency disaster control measures or recovery and reconstruction, must endeavor to take necessary measures such as concluding an agreement or obtaining cooperation from goods suppliers, etc., as provided for by laws and regulations or under a disaster management plan.
Section 2 Designation of Designated Emergency Evacuation Site and Designated Shelter
第二節 指定緊急避難場所及び指定避難所の指定等
Article 49-4Designation of Designated Emergency Evacuation Site
第四十九条の四(指定緊急避難場所の指定)
When the mayor of a municipality finds it necessary, considering comprehensively the situations such as the condition of disaster management facilities, topography, geology, and other factors, the mayor must designate facilities or sites meeting the standards provided for by Cabinet Order as designated emergency evacuation sites for each extraordinary phenomenon of flood, tsunami, etc. provided for by Cabinet Order in order to ensure evacuation for smooth and prompt emergency evacuation when a disaster occurs or is likely to occur.
市町村長は、防災施設の整備の状況、地形、地質その他の状況を総合的に勘案し、必要があると認めるときは、災害が発生し、又は発生するおそれがある場合における円滑かつ迅速な避難のための立退きの確保を図るため、政令で定める基準に適合する施設又は場所を、洪水、津波その他の政令で定める異常な現象の種類ごとに、指定緊急避難場所として指定しなければならない。
When the mayor of a municipality intends to designate a designated emergency evacuation site pursuant to the provisions of the preceding paragraph, the mayor must obtain the approval of the administrators of the designated emergency evacuation site (excluding the municipality; the same applies to the following Article).
When the mayor of a municipality has designated the site under paragraph (1), the mayor must notify the prefectural governor and make a public notice to that effect.
市町村長は、第一項の規定による指定をしたときは、その旨を、都道府県知事に通知するとともに、公示しなければならない。
Article 49-5Notification of Designated Emergency Evacuation Site
第四十九条の五(指定緊急避難場所に関する届出)
When the administrator of a designated emergency evacuation site intends to abolish the designated emergency evacuation site, or to make a major change provided for by Cabinet Order to its current state by rebuilding or any other reason, the administrator must notify the mayor of the municipality as provided for by Disaster Management Agency Order.
指定緊急避難場所の管理者は、当該指定緊急避難場所を廃止し、又は改築その他の事由により当該指定緊急避難場所の現状に政令で定める重要な変更を加えようとするときは、防災庁令で定めるところにより市町村長に届け出なければならない。
Article 49-6Revocation of Designation
第四十九条の六(指定の取消し)
When the mayor of a municipality finds that the relevant designated emergency evacuation site is abolished or does not meet the standards provided for by Cabinet Order prescribed in Article 49-4, paragraph (1), that mayor is to revoke the designation under the same paragraph.
市町村長は、当該指定緊急避難場所が廃止され、又は第四十九条の四第一項の政令で定める基準に適合しなくなつたと認めるときは、同項の規定による指定を取り消すものとする。
When the mayor of a municipality has revoked the designation under Article 49-4, paragraph (1), pursuant to the provisions of the preceding paragraph, the mayor must notify the prefectural governor and make a public notice to that effect.
市町村長は、前項の規定により第四十九条の四第一項の規定による指定を取り消したときは、その旨を、都道府県知事に通知するとともに、公示しなければならない。
Article 49-7Designation of Designated Shelter
第四十九条の七(指定避難所の指定)
Considering the condition of a presumed disaster, the condition of the population and any other conditions, the mayor of a municipality must designate public facilities and any other facilities meeting the standards provided for by Cabinet Order as designated shelters in order to secure proper shelter when a disaster occurs.
The provisions of Article 49-4, paragraphs (2) and (3) and the preceding two Articles apply mutatis mutandis to designated shelter. In this case, the term "the preceding paragraph" in Article 49-4, paragraph (2), and the term "paragraph (1)" in the same Article, paragraph (3) are deemed to be replaced with "Article 49-7, paragraph (1)", and the term "Article 49-4, paragraph (1)" in the preceding Article with "the following Article, paragraph (1)".
第四十九条の四第二項及び第三項並びに前二条の規定は、指定避難所について準用する。この場合において、第四十九条の四第二項中「前項」とあり、及び同条第三項中「第一項」とあるのは「第四十九条の七第一項」と、前条中「第四十九条の四第一項」とあるのは「次条第一項」と読み替えるものとする。
When the prefectural governor receives a notification under Article 49-4, paragraph (3) or the preceding Article, paragraph (2), as applied mutatis mutandis pursuant to the preceding paragraph, the governor must report to the Prime Minister to that effect.
都道府県知事は、前項において準用する第四十九条の四第三項又は前条第二項の規定による通知を受けたときは、その旨を内閣総理大臣に報告しなければならない。
Article 49-8Relationship between Designated Emergency Evacuation Site and Designated Shelter
第四十九条の八(指定緊急避難場所と指定避難所との関係)
Designated emergency evacuation sites may serve as designated shelter, and vice versa.
指定緊急避難場所と指定避難所とは、相互に兼ねることができる。
Article 49-9Measures to Fully Inform Residents of Circumstances
第四十九条の九(居住者等に対する周知のための措置)
In order to contribute to the smooth evacuation of residents, etc. to take refuge, the mayor of a municipality must endeavor, as provided for by Disaster Management Agency Order, to take necessary measures, including distribution of printed materials stating these matters, in order to fully inform residents, etc. of how to transmit information on disasters, matters concerning designated emergency evacuation sites, evacuation roads and any other evacuation routes, and any other matters necessary to ensure smooth evacuation to take refuge.
disastermachine translation
「災害」
Damage caused by a storm, tornado, heavy rain or snow, flood, slope failure, debris flow, storm surge, earthquake, tsunami, soil liquefaction, volcanic eruption, landslide or other abnormal natural phenomenon, or by a large fire or explosion or another cause that a Cabinet Order (政令) specifies as causing damage on a similar scale.
Defined inArticle 2, paragraph (1), item (i)· applies throughout the law
recovery and reconstructionmachine translation
「復旧復興」
Recovery from a disaster and reconstruction after it.
Short name set inArticle 2, paragraph (1), item (ii)
disaster managementmachine translation
「防災」
Preventing disasters before they happen, stopping the damage from spreading once one strikes, and recovering from a disaster and rebuilding after it.
Defined inArticle 2, paragraph (1), item (ii)· applies throughout the law
designated administrative organs
「指定行政機関」
The national administrative organs the Prime Minister designates from among the Cabinet Office (内閣府), the Imperial Household Agency, the Digital Agency, the Disaster Management Agency, the ministries, commissions and agencies, and the councils, facilities, special organs and other bodies set up under them.
Defined inArticle 2, paragraph (1), item (iii)· applies throughout the law
designated local administrative organs
「指定地方行政機関」
The local branch offices of designated administrative organs, and other local administrative organs of the State, that the Prime Minister designates.
Defined inArticle 2, paragraph (1), item (iv)· applies throughout the law
designated public corporations
「指定公共機関」
Incorporated administrative agencies, the Bank of Japan, the Japanese Red Cross Society, Japan Broadcasting Corporation (NHK) and other public institutions, and corporations running public utilities such as electricity, gas, transport and telecommunications, that the Prime Minister designates.
Defined inArticle 2, paragraph (1), item (v)· applies throughout the law
designated local public corporations
「指定地方公共機関」
Local incorporated administrative agencies, port authorities, land improvement districts and other managers of public facilities, and corporations running public utilities such as electricity, gas, transport and telecommunications in a prefecture, that the governor of that prefecture designates.
Defined inArticle 2, paragraph (1), item (vi)· applies throughout the law
disaster management plans
「防災計画」
The basic disaster management plan, the disaster management operation plans and the area disaster management plans.
Defined inArticle 2, paragraph (1), item (vii)· applies throughout the law
disaster management operation planmachine translation
「防災業務計画」
A disaster management plan that the head of a designated administrative organ (or, for a commission or certain collegial bodies, the organ itself) or a designated public corporation draws up for its own work on the basis of the basic disaster management plan; for work delegated to them, the designated local administrative organ or designated local public corporation draws it up.
Defined inArticle 2, paragraph (1), item (ix)· applies throughout the law
area disaster management plancorrected by this site
「地域防災計画」
A disaster management plan for a particular area: the plan for a prefecture made by its prefectural disaster management council, the plan for a municipality made by its municipal disaster management council or mayor, and the plans for areas spanning two or more prefectures or municipalities made by joint committees of their councils.
Defined inArticle 2, paragraph (1), item (x)· applies throughout the law
persons requiring special care
「要配慮者」
Older people, people with disabilities, infants and others who need special care.
Short name set inArticle 8, paragraph (2), item (xvii)
residents, etc.machine translation
「居住者等」
Residents (居住者), people staying in the area (滞在者) and others.
Short name set inArticle 33-2, paragraph (1), item (i)
sheltermachine translation
「避難所」
A facility where residents and others who have left their homes to evacuate stay for as long as they need to, or where affected residents who cannot find a place to live and other disaster victims stay temporarily.
Defined inArticle 33-2, paragraph (1), item (i)
persons responsible for disaster preventioncorrected by this site
「災害予防責任者」
In Chapter IV (disaster prevention), the heads of designated administrative organs and designated local administrative organs, the heads and other executive organs of local governments, designated public corporations and designated local public corporations, public organizations, and the managers of facilities important for disaster management.
Short name set inArticle 47, paragraph (1)· applies only in this chapter
goods suppliers, etc.machine translation
「物資供給事業者等」
In Article 49-3, businesses that supply goods, materials or services needed for emergency disaster control measures or for recovery and reconstruction, and private groups active in that work.
Defined inArticle 49-3, paragraph (1)· applies only in this article
persons responsible for emergency disaster control measures
「災害応急対策責任者」
The heads of designated administrative organs and designated local administrative organs, the heads and other executive organs of local governments, designated public corporations and designated local public corporations, public organizations, and the managers of facilities important for disaster management, as the bodies responsible for emergency disaster control measures.
Short name set inArticle 51, paragraph (1)
Prefectural Public Safety Commission
都道府県公安委員会
A commission the Police Act (警察法) places in each prefecture under the jurisdiction of its governor (都道府県知事) (Police Act, Article 38, paragraph (1)). It administers that prefecture's police (都道府県警察) (Article 38, paragraph (3)). It has five members in Tokyo (都), Hokkaido (道), Osaka and Kyoto (府) and in a prefecture that contains a city designated under the Local Autonomy Act (指定市), and three in any other prefecture (Article 38, paragraph (2)). The governor appoints the members, with the consent of the prefectural assembly, from people eligible to stand for that assembly who have not been career public officials doing police or prosecution work in the five years before their appointment; in Hokkaido, Osaka, Kyoto and a prefecture that contains a designated city (指定市), two of the members are people the mayor of that city recommends with the consent of the city assembly (Article 39, paragraph (1)). Under the Secondhand Goods Business Act, a person who intends to run a business buying, selling or exchanging secondhand goods — other than one that only sells them, or only buys back what it sold from the person it sold to — or to run a secondhand goods market must first obtain its permit; that Act calls it the Public Safety Commission (公安委員会) (Secondhand Goods Business Act, Article 2, paragraph (2), items (i) and (ii), and Article 3, paragraph (1)).
Written by AI using Police Act, Arts. 38, 39 and Secondhand Goods Business Act, Arts. 2, 3 as a reference.
Prime Minister
内閣総理大臣
The head of the Cabinet. Designated by the Diet from among its own members, and appointed by the Emperor on that designation (Articles 67 and 6). The Prime Minister appoints and may dismiss the other Ministers of State at will, and a majority of them must be members of the Diet (Article 68). No Minister of State can be subjected to legal action while in office without the Prime Minister's consent (Article 75).
Written by AI using Constitution, Arts. 6, 67, 68, 75 and Wikipedia: Prime Minister of Japan as a reference.