Regulations of Jiangsu Province on Firefighting and Prevention

· Document Number：Announcement No. 75 of the Standing Committee of the Eleventh People's Congress of Jiangsu Province

· Area of Law： Public Security

· Level of Authority： Provincial Local Regulations

· Date issued：11-19-2010

· Effective Date：05-01-2011

· Status： Effective

· Issuing Authority： Jiangsu Province People's Congress (incl. Standing Committee)

Announcement of the Standing Committee of the Eleventh People's Congress of Jiangsu Province
(No. 75)
Regulations of Jiangsu Province on Firefighting and Prevention, revised and adopted at the Eighteenth Meeting of the Standing Committee of the Eleventh People's Congress of Jiangsu Province on November 19, 2010, are hereby promulgated and shall enter into effect as of May 1, 2011.

November 19, 2010
Regulations of Jiangsu Province on Firefighting and Prevention 
(Adopted at the Sixteenth Meeting of the Standing Committee of the Eighth People's Congress of Jiangsu Province on August 11, 1995; amended for the first time in accordance with the Decision on the Amendment of the Regulations of Jiangsu Province on Firefighting and Prevention made at the Tenth Meeting of the Standing Committee of the Ninth People's Congress of Jiangsu Province on June 18, 1999; amended for the second time in accordance with the Decision on the Amendment of the Regulations of Jiangsu Province on Firefighting and Prevention made at the Thirtieth Meeting of the Standing Committee of the Ninth People's Congress of Jiangsu Province on June 22, 2002; amended for the third time in accordance with the Decision on the Amendment of the Regulations of Jiangsu Province on Firefighting and Prevention made at the Second Meeting of the Standing Committee of the Tenth People's Congress of Jiangsu Province on April 21, 2003; revised at the Eighteenth Meeting of the Standing Committee of the Eleventh People's Congress of Jiangsu Province on November 19, 2010)
Chapter I General Provisions
Article 1 These Regulations are enacted in accordance with the Law of the People's Republic of China on Firefighting and Prevention and other relevant laws and administrative regulations, in the light of the actual circumstances of this Province, and for the purposes of preventing and reducing the fire hazards, strengthening the work of emergency rescue, protecting the safety of life and property, and safeguarding public security.
Article 2 These Regulations apply to the work of firefighting and prevention and relevant emergency rescue within the administrative region of this Province.
Article 3 Local people's governments at all levels are responsible for the work of firefighting and prevention within their own administrative regions, and shall incorporate the work of firefighting and prevention into the their planning for national economy and social development, and exercise a system of fire safety responsibility, and establish and perfect a social network for the work of firefighting and prevention.
The local people's governments at or above the county level shall organize relevant departments to set up a committee for fire safety, responsible specifically for researching and guiding of the work of firefighting and prevention in the locality, coordinating in solving major problems in the work of firefighting and prevention, and urging to implement the system of fire safety responsibility.
Article 4 The public security organ under the local people's governments at or above the county level supervises and administrates the work of firefighting and prevention, and the fire body of the public security organ under the people's government at the same level is responsible for the implementation thereof. The police station of the public security organ is responsible for the work of daily supervision and inspection on firefighting and prevention, and publicity and education of firefighting and prevention in accordance with the provisions of the State and the Province.
The other relevant departments under the local people's governments at or above the county level shall, according to their respective duties, do well the work of firefighting and prevention.
The people's governments of a town or township, the sub-district offices shall employ a full-time or part-time person in charge of firefighting and prevention, guarantee the fund of the work of firefighting and prevention, and fulfill the duties thereof.
Article 5 The local people's governments at or above the county level shall incorporate into the fiscal budget the funds for fire undertakings including establishment of fire station, firefighting and prevention apparatus and facilities, publicity of fire safety, fire supervision and management, firefighting, emergency rescue and service and training, and safeguard the funds for fire undertakings geared towards the level of economic and social development.
The municipality divided into districts, county (city, district) may appropriate some fund in the fees levied for building urban public infrastructural facility with the construction projects to be used in establishing public firefighting and prevention apparatus and facilities.
Article 6 It is a common responsibility of the whole society to maintain fire safety. All units and individuals are obliged to learn the knowledge of firefighting and prevention, prevent fires, protect firefighting installations, report timely fire alarms, and improve abilities of self-help and mutual aid.
Article 7 Non-governmental sectors are encouraged and supported to carry out public activities on firefighting and prevention and make donations to the firefighting and prevention undertakings.
Citizens are encouraged to take part in the firefighting and prevention voluntary organization, and carry out volunteer activities on firefighting and prevention.
Article 8 Local people's governments at all levels, relevant departments and units shall commend and award units and individuals that have made outstanding contribution in the work of firefighting and prevention or emergency rescue or that have rendered meritorious service by reporting offensive acts against fire safety.
Article 9 Every November is observed as the Month of Fire Safety and November 9 as the Day of Firefighting and Prevention in this Province.
Chapter II Fire Prevention
Article 10 The people's governments of a municipality (divided into districts), or a county (city) shall organize relevant departments to work out a plan for firefighting and prevention which includes such contents as a layout of fire safety, fire station, water supply and communication for firefighting, fire lanes, and firefighting and prevention apparatus and facilities, and is incorporated into the urban and rural planning. The overall planning for a town or township formulated by the people's government of a town or township shall include contents of firefighting and prevention.
Where a plan for firefighting and prevention cannot meet the need of economic and social development, it shall be revised in time.
The land for the purpose of fire station construction and water shorelines designated in the plan for firefighting and prevention may not be used for other purposes; where the use is necessary to be altered, approval shall be sought from the relevant departments and the fire department of the public security organ.
Article 11 The people's government of a municipality (divided into districts), or a county (city) shall, based on the plan for firefighting and prevention, formulate an annual plan for implementation, incorporate public fire facilities into the plan for urban and rural infrastructural facilities construction, and organize the simultaneous implementation thereof. The administrative institutions of the development zones, science and technology parks, industrial parks, tourist resorts and other parks and zones shall implement the plan for firefighting and prevention and construct public fire facilities.
The planning of public fire facilities construction shall synchronize with urban renewal to improve fire safety conditions, and meet the need for firefighting and rescue work; urban renewal shall give priority to the densely-concentrated area of flammable buildings in the city.
Article 12 The construction project shall conform to the safety layout for firefighting and prevention fixed in the plan for firefighting and prevention. Where there is any inconformity, the competent department of urban and rural planning may not verify and issue a written proposal of location, a planning permit for construction land use or a planning permit for construction project.
Where the key fire hazardous sources including the production, operation, and storage of inflammable and explosive dangerous Articles fail to conform with the safety layout for firefighting and prevention, local people's governments at all levels shall organize relocation or alteration of use in a prescribed period.
Article 13 The construction project owner, the designing unit, construction unit, supervising unit and their staff members shall strictly implement the provisions of laws and regulations and the technical standards of firefighting and prevention, and be responsible for the safety quality of the construction project in terms of firefighting and prevention according to law.
Article 14 The construction unit is responsible for the fire safety of the construction site of a construction project.
The construction unit shall clearly define the fire safety responsibilities for the construction site, implement the managing system for fire safety, set up interim fire water facilities in line with the provisions, equip the site with necessary fire extinguishers, set up a fire lane and keep it clear, standardize the use of fire and power, and remove the hidden fire dangers.
The temporary buildings and structures for the construction shall conform to the technical standards and administration provisions of firefighting and prevention.
Article 15 The fire proof performance of firefighting and prevention products and construction materials shall conform to the state standards, or industrial standards in the absence of a national standard. Newly-developed firefighting and prevention products may only be manufactured, marketed, or used after being appraised technically qualified in line with national provisions; prior to the publishing of national standards and industrial standards, enterprises shall formulate enterprise standards, and the relevant provincial departments may formulate local standards, all of which shall be filed for record according to law.
The enterprises manufacturing firefighting and prevention products and construction materials requiring fire proof performance shall possess relevant technical conditions for production and a quality assurance system. The firefighting and prevention products and construction materials requiring fire proof performance shall be inspected as qualified before leaving the factory.
The project owner, the construction unit, the supervising unit, and other relevant units shall, according to their respective responsibilities, inspect and examine the qualification certificate for the firefighting and prevention products and construction materials requiring fire proof performance, apply evidential testing in accordance with the provisions of firefighting and prevention technical standards, and may not use unqualified firefighting and prevention products, the products which the State has publicly ordered to be obsolete or the construction materials failing to conform to the requirements of fire safety.
The construction materials, as used in these Regulations, refer to the materials collectively called which are used in the construction projects, including structural materials, decoration materials, fitting materials, and special materials.
Article 16 Organs, bodies, enterprises, institutions and other units shall designate clearly an institution as responsible for the work of fire safety, staffed by full-time or part-time fire security personnel in accordance with necessity, guarantee the fund input for the work of fire safety, and do well the work of fire safety. The chief leader of a unit is fully responsible for the fire safety of the unit.
Organs, bodies, enterprises, institutions and other units shall strengthen firefighting and prevention publicity, education, and training, and improve the ability to inspect and eliminate hidden fire dangers, and to organize an early firefighting and evacuation.
Article 17 Organs, bodies, enterprises, institutions and other units shall organize examinations, tests, maintenance and repair of firefighting and prevention facility and equipment at regular intervals in accordance with firefighting and prevention technical standards, and make a thorough test of the fire protection facilities in a building at least once a year so as to ensure that they are in good condition and effective. Where the unit does not possess the condition for an examination, test, maintenance or repair, it shall entrust the examination, test, maintenance and repair of firefighting and prevention facility and equipment to the firefighting and prevention service institutions with relevant qualifications.
The unit which sets up a fire control room in line with firefighting and prevention technical standards shall implement the management system of the fire control room to ensure a timely finding and proper handling of a fire alarm.
Article 18 The property service enterprises in the residential area shall carry out management on maintenance of evacuation passages, safety exits, firefighting and prevention facilities of a building and fire lane, and provide services of fire safety precaution; where the property management is not entrusted to any property service enterprise, the residents committee of the neighborhood or the villagers' committee shall organize property owners or users to sign a protocol of fire prevention, specify the responsibility of fire safety management, and carry out management on maintenance of evacuation passages, safety exits, firefighting and prevention facilities of a building, and fire lane.
For the buildings, beyond the provisions of the previous paragraph, which are managed or used by two and more units, the managing or using units shall specify the fire safety responsibility of each party, and specify a unified institution or commission a property service enterprise to manage the shared evacuation passages, safety exits, firefighting and prevention facilities of a building, and fire lanes.
No unit or individual may occupy or block the use of evacuation passages, safety exits, firefighting and prevention facilities or fire lanes.
The fire lanes in the residential areas and other buildings managed or used by two or more units shall set up signs, strengthen daily management and keep the lanes clear.
Article 19 The maintenance expenses of firefighting and prevention facilities in the residential areas and other commonly-shared buildings within the warranty period shall be borne by the project owner; where the warranty expires, the maintenance, renewal, and transformation expenses may be included into the expenditure range of special maintenance funds for commonly-shared facilities and equipment; where there is no or not enough special maintenance funds, the maintenance, renewal, and transformation expenses are borne by property owners in accordance with the agreement; where there is no agreement or the agreement fails to specify it clearly, the expenses are borne by property owners in proportion with the floor areas owned exclusively by each property owner.
Where the property owner does not maintain, renew or transform the firefighting and prevention facilities of the commonly-shared buildings after a grave hidden fire danger is found and the fire department of the public security organ issues a notice, the fire department of the public security organ shall notify the competent department of real estate administrative at a county (city, district) level, and the competent department of real estate administrative at a county (city, district) level shall maintain, renew or transform the firefighting and prevention facilities, and the expenses shall be listed in the special maintenance funds of the relevant property owners, or be borne by the relevant property owners in proportion with the floor areas owned exclusively by each property owner.
Article 20 The lessor and the lessee of a building shall specify the fire safety responsibilities of each party according to the relevant provisions. The lessee shall perform his/her fire safety duties within the range of use. The lessor shall supervise the implementation of the fire safety duties by the lessee.
Article 21 The decoration and fitting of a building's facade and setting up of advertisements on a building's facade shall conform to the provisions of fire safety, and may not hinder fire prevention, fire escape and rescue. Where the relevant departments seek opinions of the fire department of a public security organ in the course of dealing with relevant examination and approval procedures, the fire department of a public security organ shall render coordination and give their opinions in written form.
Article 22 A crowded place shall set up conspicuous fire safety signs on the firefighting and prevention facilities, equipment and evacuation facilities of a building, notifying people of the methods and requirements for maintaining, using firefighting and prevention facilities and equipment and emergency escape and self-rescue.
Where the gates of the evacuation passage, stairs and front chamber are normally-closed fire door, they shall be kept shut; where the fire door is set to keep open, it shall be guaranteed to close automatically when a fire breaks out.
High-rising buildings, underground projects and crowded places shall be equipped with self-rescue facilities and apparatus and equipment of auxiliary escape according the relevant provisions. The places for producing, operating, and storing inflammable and explosive dangerous Articles shall be equipped with special firefighting apparatus, and store special fire extinguishing agent in accordance with necessity and keep them intact and effective.
Article 23 It is forbidden to smoke or use open fire in the places with fire or explosion danger including places for producing, operating, or storing inflammable and explosive dangerous Articles, warehouses and open yards for storing combustible and inflammable materials.
It is forbidden to set off firecrackers and fireworks or use other Articles that produce smoke or fire at a crowded place.
Where open fire operation is required due to construction or other reasons at the places with fire or explosion danger, construction site of a construction project, or places crowded with persons of production, operation or use, due procedures shall be gone through according to the fire use management system of the unit and measures of site fire safety be implemented.
Article 24 Public transport vehicles like buses, trains and ferries, and other passenger vehicles of medium size shall, according to relevant provisions, be equipped with fire control devices, set up conspicuous signs, and keep them intact and effective.
The operating and using unit of the transport vehicles mentioned in the previous paragraph shall give fire control training to their staff members; where an emergency like a fire breaks out, the personnel at the site shall promptly guide and assist passengers to evacuate and escape.
The operating and managing unit of highways, tunnels, large bridges shall, in accordance with the characteristics of emergency like a fire in the unit and the need of contingent response, be equipped with fire control facilities and devices, and specify personnel responsible for fire safety.
The restaurants and places of entertainment on a boat or floating facility shall conform to the relevant technical standards and provisions of fire control.
Article 25 The undertaker of large scale mass activities shall perform fire safety responsibility according to law. When the fire department of a public security organ carries out fire safety inspection according to law before the activity, the undertaker shall provide a report of quality test for electric fire safety of the activity place or a written commitment of qualified electric fire safety, as well as the certifying materials for fire safety facilities and devices in conformity with fire safety provisions.
The temporary buildings and structures built for large scale mass activities shall conform to the technical standards and provisions of fire control.
Article 26 The installation, use of electric appliances and the design, laying, maintenance, and testing of their lines shall conform to the technical standards and provisions of fire control.
The crowed place, the places for producing, operating, and storing inflammable and explosive dangerous Articles, and the warehouses for storing combustible and inflammable materials shall test on their own or entrust special institutions to test the electric appliances and lines for conformity with technical standards of fire control, and entrust qualified units, according to state provisions, to test static electricity elimination and the device to prevent lightning strike for technical safety.
Article 27 The firefighting and prevention technical service institutions for testing, repair, maintenance of firefighting and prevention facilities of a building, fire safety testing of electrics, fire safety monitoring, appraisal, and fire extinguisher repair, shall obtain the corresponding qualification when possessing the following conditions which are to be examined and approved by the fire department of the provincial public security organ:
(1)staffed with personnel in conformity with provisions;
(2)relevant facilities and equipment with measurement certification acquired according to law;
(3)a sound quality guarantee system; and
(4)other conditions provided in laws and regulations.
The personnel of firefighting and prevention technical service institutions shall work in the relevant firefighting and prevention technical field for two years and above, possess a technical title for firefighting and prevention or related professions, obtain a practice qualification conferred by the fire department of the provincial public security organ after passing the examination, or obtain special profession (trade) qualification for firefighting and prevention according to the state provisions.
Where the firefighting and prevention technical service institutions and their personnel engage in firefighting and prevention technical service, they shall observe laws and regulations of firefighting and prevention, conform to the technical standards and practice guidelines for firefighting and prevention, and may not issue fake or false documents.
Article 28 The following personnel shall be trained qualified on firefighting and prevention, and the state provisions shall apply to the standards of training and assessing; where there are no state provisions, the provisions of the fire department of the provincial public security organ shall prevail:
(1) the personnel designing, operating, monitoring, testing, maintaining, and repairing auto firefighting and prevention facilities; and
(2) the personnel who are directly responsible for firefighting and prevention management and inspection of a key fire safety unit.
Where the operation personnel of auto firefighting and prevention system, electric welders, gas welders and other workers engaging in special trades of fire and explosive receive professional qualification and induction training, the knowledge of firefighting and prevention shall be incorporated into the training.
Article 29 The full-time fire fighters engaging firefighting and emergency rescue and the relevant personnel engaging in fire prevention of a building shall obtain a special qualification for firefighting and prevention profession (trade) according to the state provisions; other personnel engaging in firefighting and prevention is encouraged to obtain a special qualification for firefighting and prevention profession (trade).
Article 30 The people's government of a municipality divided into districts, or a county (city) shall designate or ascertain a stadium or venue for firefighting and prevention education, providing for residents dissemination, education and training of knowledge and skills on fire prevention, firefighting, escape and self-help.
The residential areas, villages and crowded places shall set up fixed facilities for disseminating fire safety, and carry out fire safety publicity and education.
Chapter III Firefighting and Prevention Organizations
Article 31 The people's government at or above the county level shall establish a public security fire brigade according to the state provisions.
Where the number of fire station fails to meet the state standards in the town where the people's government of a city or county is located, a full-time public fire brigade shall be established. A full-time public fire brigade shall be established in the following places where a public security fire brigade is not established:
(1)the town with more than 5 square kilometer urbanized areas or more than 50,000 residential population;
(2)the town or township where units of producing or operating inflammable and explosive dangerous Articles or labor-intensive enterprises congregate;
(3)key towns or historic and cultural towns at state or provincial level; and
(4)economic and technological development zones, tourist resorts, high-tech development zones at or above the provincial level and the scenic spots at the state level;
The units provided in Article 39 of the Law of the People's Republic of China on Firefighting and Prevention shall establish a full-time fire brigade for the unit according to law. Where the units obligated to establish a full-time fire brigade concentrate relatively, a full-time fire brigade for the units may be established jointly.
The people's government of a town or township, sub-district office, residents committee, villagers committee, as well as organs, bodies, enterprises, institutions, and other units, if necessary, establish a voluntary fire brigade or other firefighting and prevention organization.
Sea waters and river waters as well as other areas with burdensome firefighting and prevention tasks on the water shall establish a fire brigade (station) on the water.
Article 32 The establishment of a full-time fire brigade shall conform to the relevant provisions, and be examined and accepted by the fire department of the local public security organ. Opinions shall be sought from the fire department of the local public security organ when a full-time fire brigade is to be cancelled.
Article 33 The fire duty vehicles belonging to the local firefighting and prevention organizations including a full-time fire brigade, and a voluntary fire brigade shall be registered and managed in line with the provisions on special vehicles, on which fire alarm, warning lights, and special fire signals can be set up; where conforming to the state provisions on the exemption of vehicle purchases tax, the vehicles shall be exempt from vehicle purchases tax.
Article 34 The local people's governments at all levels, where there is shortage of firefighting and prevention personnel on active service in the public security organ or a full-time government fire brigade is to be built, shall recruit local fire fighters qualified to undertake the tasks of fire prevention, firefighting and emergency rescue. In recruitment of local fire fighters, priority shall be given to retired fire fighters under the same conditions.
The local people's governments at all levels shall safeguard the salary, benefits and social insurance treatment of the local fire fighters according to law, and provide personal accident insurance for them. The salary and benefits of local fire fighters shall be appropriate to their professional and technical skills and occupational risks.
Article 35 The safeguarding of fire fighters' occupational health shall conform to the relevant state provisions.
Where persons are injured, disabled, or die due to the work of drills, firefighting and emergency rescue, the treatment of medical care and pensions for those who are fire fighters on active service at the public security organ shall be carried out according to the relevant state provisions, the treatment for the local fire fighters and full-time fire fighters of a unit shall be carried out according to the provisions on work injury insurance, the treatment for voluntary fire fighters and other persons shall be carried out according the provisions on awarding and protecting the persons of courage for justice; those who meet the conditions for posthumous martyr ratification, the relevant state provisions on exalt of martyrs shall be followed.
Article 36 The firefighting and prevention associations established according to law shall, at the guidance and supervision of the firefighting department of public security organ and other relevant departments, carry out academic exchange on firefighting and prevention and publicity and education of fire safety, promote advanced firefighting and prevention techniques, and strengthen the self-regulation of the firefighting trade in accordance with the laws, regulations, and the rules of the associations.
Chapter IV Firefighting and Rescue
Article 37 The fire brigade of the public security organ and the full-time government fire brigade shall, in accordance with the laws, regulations and state provisions, undertake the work of firefighting, and the work of emergency rescue for major disastrous accidents and other work mainly targeting at rescuing people's lives.
The principle of life rescue priority shall be followed in firefighting.
Article 38 The fire brigade of the public security organ and the full-time government fire brigade shall familiarize themselves with the circumstances of jurisdiction, work out fire-fighting and emergency rescue plan, and carry out fire-fighting and emergency rescue exercise. The relevant units shall render due assistance and provide materials and data.
Article 39 The fire brigade of the public security organ, the full-time fire brigade, voluntary fire brigade and other firefighting and prevention organizations shall, in accordance with the necessity of work such as firefighting technical standards, fire-fighting and emergency rescue in jurisdiction, be equipped with necessary facilities and devices. The firefighting and prevention organizations of the places where high-rise buildings, underground projects and places of producing, operating and storing inflammable and explosive dangerous Articles congregate relatively, shall be equipped with special equipment according to the state provisions.
Article 40 The Fire command centre shall set up communication via a special line with units like water supply, power supply, gas supply, medical rescue, transport, environment protection and professional rescue teams.
The key units of fire safety and professional fire brigades shall set up communication via cable or wireless facilities with the local fire command centre.
Article 41 Any unit or individual shall give an alarm promptly when spotting a fire; the unit on fire shall organize an early firefighting.
Where places of crowded people are on fire, the working staff of the place shall promptly organize and guide people on the spot to evacuate.
When receiving an alarm of fire or other emergencies, the fire brigade shall prompt rush to site, and take effective measures to organize firefighting and rescue. The relevant units and individuals shall render conveniences for a fire alarm report, firefighting and emergency rescue.
Article 42 The fire department of the public security organ carry out a unified organization and command of firefighting on the site.
Where the fire bridge of public security organ and professional fire brigade take part in emergency rescue in the major disastrous incidents other than fires, the people's government at or above the county level shall give a unified command.
Article 43 To prevent the spread of fire, and avoid great losses, the general commander on the site has the right to decide to use all sources of water, delineate the warning area, implement traffic control around the site on fire, intercept the transmission of power, combustible gases and liquids, limit the use of fire and power, make use of neighbouring buildings and relevant facilities, dismantle or destroy the close buildings, structures or facilities, and mobilize the departments and units like municipal service, water supply, power supply, communication, medical rescue, transport, environmental protection, and meteorology to render assistance in firefighting.
The local people's government shall, in light of the immediate needs of firefighting and emergency rescue, organize personnel and assemble necessary goods.
For the loss of goods when the full-time fire brigade of an unit and the voluntary fire brigade take part in the firefighting of other units, and relevant units render assistance in firefighting and rescue, the people's government of the locality where the fire occurs shall make compensations.
Article 44 The fire control institution of the public security organ may seal up the fire site out of the need for fire investigation. The unit on fire and relevant personnel shall protect the fire site, and give assistance to the investigation of the fire control institution of the public security organ. No units or individuals may clear up fire site without authorization, conceal the facts and truth, or interfere with or obstruct the investigation and handling of fire accident.
Chapter V Supervision and Management
Article 45 The local people's governments at or above the county level shall specify the fire control functions and responsibilities of the member units of fire safety committee of the people's government at the same level, sign an annual fire control responsibility pledge with the people's government at the next lower level, and supervise the performance of fire control functions and responsibilities by the relevant departments and the people's government at the next lower level. The fire control committee of the provincial people's government shall regularly appraise and publish the fire safety situation and report in accordance with relevant standards, and guide the implementation of work of fire control.
The local people's government at or above the county level shall organize the fire control institutions of the public security organ to establish and implement, together with relevant departments and units, a working mechanism of resources and information sharing and coordination and cooperation, so as to improve the working efficiency of fire control supervision and firefighting and rescue.
Article 46 Where a construction project is applying for examination of fire safety design, the approval documents or permit certificates obtained previously according to law shall be provided; where a construction project is applying for completion examination and acceptance for fire safety with automatic fire safety facilities, an report indicating the automatic fire safety facilities being inspected qualified issued by a qualified fire technology service institution shall be provided. Where relevant departments seek opinions from the fire control institution of the public security organ in handling relevant approving procedures, the fire control institution of the public security organ shall render assistance.
For the construction project required by law to be recorded for fire safety design, the project owner shall file for record the fire safety design papers with the fire control institution of the public security organ within 7 working days upon receiving a construction permit; for the construction project required by law to be recorded for fire safety design but unnecessary for construction permit, the project owner shall file for record the fire safety design papers with the fire control institution of the public security organ within 7 working days prior to the commencement of construction.
The fire control institution of the public security organ shall selectively examine the construction projects submitted to be recorded for fire security design or to be recorded for fire safety examination and acceptance upon completion and issue a written opinion; The fire control institution of the public security organ shall check the unrecorded construction projects which are required to be recorded.
The relevant units including the project owner and the construction unit and individuals may not alter without authorization the contents of fire safety design for thee construction project approved after the examination of or recorded at the fire control institution of the public security organ; where alteration is deemed necessary, the project owner shall re-apply for examination or recording for fire safety design.
Article 47 Where the construction project required by law to be examined for fire safety design does not go through examination for fire safety or fails the examination, the project owner or construction unit may not construct it, and the competent department of construction administration may not issue the construction permit; where the construction project required by law to be recorded for fire safety design fail the selective examination, the construction shall be stopped.
Where the construction project required by law to be examined upon completion for fire safety does not go through the completion examination or fails the examination, it may not be put into use, and the competent department of real estate administration may not handle the real estate ownership registration; where the construction project required by law to be recorded upon completion for fire safety fails the selection examination, the use of it shall be stopped.
Where the construction project fails the selection examination for fire safety or completion, or is ordered to be stopped from construction or use, the fire control institution of the public security organ shall notify timely the competent departments of construction and real estate administration at the same level, which, in turn, shall handle the case according to law.
Article 48 Prior to being put into use or operation, the crowded public places shall apply for fire safety inspection to the fire control institution of the public security organ. The fire control institution of the public security organ shall, 10 working days upon accepting an application, inspect the following contents, and, within 3 working days upon inspection, make a decision regarding fire safety inspection:
(1)the setting of places in conformity with the fire safety provisions and fire control technological standards;
(2)qualified fire control products used in the places, the fire prevention performance of the construction materials in conformity with standards;
(3)fire control facilities of the places being tested qualified;
(4)a sound fire safety system and firefighting and emergency evacuation plan;
(5)employees being trained with fire safety knowledge before taking up their posts, personnel operating automatic fire control system having obtained the relevant professional qualifications or certificates according to the provisions; and
(6)other contents required by law to be inspected.
The fire control institution of the public security organ inspect and supervise regularly the crowded public places which have be inspected as qualified for fire safety; the fire control institution of the public security organ handle the crowded public places which do not possess the fire safety conditions according to law and notify other relevant competent department of administration.
Article 49 When conducting fire safety inspections, not less than two law-enforcing persons shall take part, who shall produce their identification papers.
During a fire safety inspection, the inspecting personnel can enter the unit or places, test fire control facilities, read relevant materials or papers, and make inquiries about relevant information. Where a fire hazard is found which may cause a serious threat to the public safety, the inspecting personnel shall take measures of temporary sealing up of dangerous parts or places in accordance with relevant provisions; the inspecting personnel shall seal up and detain unqualified fire control products or devices found in the inspection, and handle them according to law.
The interference of supervision and inspection into the normal operation, living and production of the units and places being inspected shall be avoided or minimized.
The staff members of a fire control institution of the public security organ, the policemen of a place station, and local fire fighters shall obtain a corresponding post qualification before taking up the work of fire safety supervision and inspection.
Article 50 Prior to adopting administrative mandatory measures according to law such as temporary sealing up or forced removal, the fire control institution of the public security organ shall urge in writing the violators to fulfill obligations on their own.
Where the measures of temporary sealing up or forced removal involve a wide scope or a large number of people, thus causing a major impact on production or living, the fire control institution of the public security organ shall report to the public security organ with which it is affiliated to organize its implementation; where cooperation of other departments is desired, the fire control institution of the public security organ shall put forward its opinions, and the public security organ with which it is affiliated shall report to the people's government at the same level to organize its implementation, and relevant departments or units shall render due cooperation.
The cost of forced removal shall be borne by the violators; where the violator refuses to bear the cost, the fire control institution of the public security organ shall apply to the people's court for compulsory execution.
Article 51 The fire control institution of the public security organ, in light of the needs of public fire safety, may publish information on fire hazards, illegal acts on fire safety, unqualified fire safety products, and construction materials the fire prevention performance of which does not conform to the requirements of fire safety.
The credit collection agency shall incorporate the serious violation of fire safety laws into the credit record. The fire control institution of the public security organ shall notify the competent department of construction administration of the violation of fire control laws and regulations by the design, construction and supervisions units, and the competent department of construction administration shall incorporate the information into the information platform for the construction market credit.
Article 52 The fire control institution of the public security organ and their staff members shall, according to the statutory authorities and procedures, perform administrative licensing, supervision and inspection on fire control, may not charge fees, and may not exploit authorities for gains.
The fire control institution of the public security organ and their staff members may not engage in the production and operation activities relating to fire control, and may not exploit their positions to designate or designate in disguise for the users or project owners the brands, sales units, fire control technologic service institutions, or fire control facilities construction units.
The fire control institution of the public security organ and their staff members shall consciously accept the supervision from the society when performing their duties.
Chapter VI Legal Liabilities
Article 53 Where the construction unit fails to set up temporary fire water system, to be equipped with fire distinguishing devices, to set aside fire lanes and keep them clear, or fails to meet the fire control technical standards and managing provisions when setting up temporary buildings or structures, it shall be ordered to make rectifications; where it fails to make rectifications within a time limit, it shall be ordered to stop construction, and be fined not less than RMB 5,000 yuan but not more than RMB 50,000 yuan.
Article 54 Where the units relating to a construction project, in violation of these Regulations, use unqualified fire control products, fire control products declared obsolete by formal decree of the State, or construction materials the performance of which does not meet the fire safety requirements, they shall be ordered to make rectifications; where it fails to make rectifications within a time limit, it shall be ordered to stop construction, and use thereof, be fined not less than RMB 5,000 yuan but not more than RMB 50,000 yuan, and concurrently the concerned person responsible shall be fined not less than RMB 500 yuan but not more than RMB 2,000 yuan.
Article 55 Where any organs, bodies, enterprises, institutions and other units fails to perform testing, maintenance, repair on the fire prevention facilities in the building, and keep them intact and effective in accordance with provisions, they shall be ordered to make rectifications, and be fined not less than RMB 5,000 yuan but not more than RMB 50,000 yuan.
Where the unit which sets up a fire control room fails to carry out the managing system for the fire control room in accordance with provisions, it shall be ordered to make rectifications, and may be fined not less than RMB 1,000 yuan but not more than RMB 5,000 yuan.
Article 56 Where the fitting, decoration and advertisement on the building's fa?ade jeopardizes fire prevention, escape, and firefighting and rescue, the unit concerned shall be ordered to make rectifications; where it fails to make rectifications within a time limit, it shall be fined not less than RMB 5,000 yuan but not more than RMB 50,000 yuan.
Article 57 Where crowed places fail to install fire safety signs in accordance with the provisions, they shall be ordered to make rectifications; where they fail to make rectifications within a time limit, they shall be fined not less than RMB 1,000 yuan but not more than RMB 5,000 yuan.
Where the doors of an evacuation passage, stairway, and the anteroom of a crowed place fail to be closed by default, or fail to warrant an automatic closure when a fire breaks up, the unit concerned shall be ordered to make rectifications, and be given a warning or fine of not less than RMB 500 yuan but not more than RMB 2,000 yuan.
Article 58 The unit shall be fined not less than RMB 3,000 yuan but not more than RMB 30,000 yuan and the individual shall be given penalties in accordance with the Law of the People's Republic of China on Firefighting and Prevention if they are found, in violation of relevant provisions, using open fires or Articles producing smokes or fires.
Article 59 Where any unit fails to conform to the fire safety technology standards and administrative provisions while using vessels or floating facilities to run restaurants or places of entertainment, they shall be ordered to make rectifications; where they fail to make rectifications within a time limit, they shall be ordered to stop use thereof, and fined not less than RMB 5,000 yuan but not more than RMB 50,000 yuan.
Article 60 Where any unit or individual engaging in fire safety technology service operation, commits one of the following acts, they shall be ordered to stop the illegal acts, the unit shall be fined not less than RMB 50,000 yuan but not more than RMB 100,000 yuan, with illegal gains, if any, confiscated, and the individual shall be ordered to stop operation for 6 months, and fined not less than RMB 500 yuan but not more than RMB 2,000 yuan.
(1)failing to obtain corresponding qualifications, engaging in fire safety technology service operation without authorization;
(2)leasing, lending or transferring in other manners qualification certificates, or engaging in fire safety technology service operation beyond the scope of qualification.
Where the fire safety technology service institutions fall into the circumstances set forth in Item 2 of the previous paragraph, and the case is serious, the qualification for fire safety technology service shall be revoked. Where the fire safety technology service institutions and their practicing staff members obtain their qualification by deception, bribery or other improper means, their qualification shall be revoked, and they may not apply for the concerned qualification for fire safety technology service in 3 years.
Where the qualification is revoked according to law due to fire safety technology service institutions issuing false documents, the institutions may not apply for the concerned qualification for fire safety technology service in 3 years.
Article 61 Where the fire safety technology service institutions violate fire safety technological provisions to maintain and repair fire facilities and devices, they shall be ordered to make rectifications, the unit shall be fined not less than RMB 5,000 yuan but not more than RMB 30,000 yuan, and the individual shall be fined not less than RMB 1,000 yuan but not more than RMB 5,000 yuan.
Article 62 Where the personnel engaging in firefighting and prevention fail to be trained as qualified in the fire safety training or fail to obtain the corresponding qualifications in accordance with relevant provisions, the unit with which they are employed shall be ordered to make rectifications; where the unit refuses to make rectifications, the unit shall be fined not less than RMB 2,000 yuan but not more than RMB 10,000 yuan.
Article 63 Where a construction project fails to apply for fire safety recording according to law in the process of fire safety designing or completion acceptance examination, the project owner shall be ordered to file for record within 5 working days, and be fined not less than RMB 500 yuan but not more than RMB 5,000 yuan. Where the owner of the unrecorded construction project under inspection does not provide fire safety designing documents, the project under construction shall be ordered to stop construction; where the owner thereof does not provide completion and acceptance examination papers, the project shall be handled according to the provisions of the Law of the People's Republic of China on Firefighting and Prevention when inspected as unqualified.
Article 64 Where organs, bodies, enterprises, institutions and other units fail to take measures timely to eliminate the fire hazards in accordance with the provisions, thus causing fire disasters, they shall be fined not less than RMB 10,000 yuan but not more than RMB 100,000 yuan, and the person directly in charge and other persons directly responsible shall be fined not less than RMB 500 yuan but not more than RMB 3,000 yuan.
Where anyone, after a fire is extinguished, in violation of the relevant provisions, enter without authorization the fire scene or clean up, remove without authorization Articles on the fire scene, they shall be ordered to stop the illegal acts, and be given a warning or a fine of not less than RMB 100 yuan but not more than RMB 500 yuan.
Article 65 Where the staff members of the fire control institution of the public security organ, abusing their power, neglecting their duties, or engaging in malpractices for personal gains, commit one of the following acts, they shall be given sanctions according to law when the case does not constitute a crime:
(1)rating the fire safety design documents, construction projects or places which do not conform to the fire safety technological standards as being examined or inspected as qualified;
(2)delaying fire safety design examination, fire safety acceptance checking, fire safety inspection without proper reasons, or failing to perform duties within a statutory time limit;
(3)failing to notify timely relevant units or individuals of fire hazards found in order to make rectifications;
(4)exploit their posts to designate or designate in disguise the brands, sales units, fire safety service institution, or fire facilities construction units for the users or project owners;
(5)exploit fire safety design examination, fire safety acceptance checking or fire safety inspection for personal gains;
(6)exploit their posts to engage in production, operation or other business relating to fire safety;
(7)exploit fire engines, fire boats, fire control devices, equipment or facilities for matters not related to firefighting, prevention or rescue; or
(8)other acts of power abuse, duty negligence, or malpractices for personal gains.
Where the staff members of relevant departments, in violation of the provisions of these Regulations, abuse their power, neglect their duties, or engage in malpractices for personal gains, they shall be given sanctions if the case does not constitute a crime.
Article 66 The administrative penalties provided in these Regulations are implemented according to law by the fire control institution of the public security organ.
Where one of the following circumstances occur, which has a major influence on social and economic life, and a penalty to be ordered to stop production, practice, usage, or construction is given, the fire control institution of the public security organ shall put forward opinions which are reported by the public security organ to the people's government at the same level to make a penalty decision according to law:
(1)involving a major project, or a key unit in the economic development of the region;
(2)involving units, places or people in large numbers, and probably causing an impact on social stability;
(3)involving urban public undertakings; or
(4)other circumstances which have a greater impact on social and economic life.
Chapter VII Supplementary Provisions
Article 67 The fire control institutions of the public security organ under the local people's government shall be responsible for the implementation of the work on fire safety supervision and administration of military-run enterprises registered and recorded with the industry and commerce administration.
The work on fire safety of railroads, transportation, civil aviation, and forestry shall be carried out according to the relevant state provisions.
Article 68 The individual economy organizations in conformity with the defining standards for fire safety key units shall perform the fire safety responsibilities for a unit according to law, and assume the corresponding legal liabilities.
Article 69 These Regulations shall enter into force as of May 1, 2011.