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Regulations on the Supervision and Administration of Fire Products (Order of the Ministry of Public Security No. 122)
source: Release time: 2012-10-19

 

Regulations on Supervision and Management of Fire Products

 

Head   record

 

Chapter One   General

Chapter two   admission to market

third chapter   Product quality responsibilities and obligations

Chapter Four   supervised check

chapter Five   legal liability

Chapter Six   Supplementary clause

 

Chapter One   total   then

First   In order to strengthen the supervision and management of fire protection products and improve the quality of fire protection products, these regulations are formulated in accordance with relevant laws and administrative regulations such as the Fire Protection Law of the People's Republic of China, the Product Quality Law of the People's Republic of China, and the Regulations on Certification and Accreditation of the People's Republic of China.

    Article 2   These regulations apply to the production, sale and use of fire protection products within the territory of the People's Republic of China, as well as the supervision and management of the quality of fire protection products.

The fire protection products referred to in these regulations refer to products specially used for fire prevention, fire rescue and fire protection, evacuation and escape.

Article 3   Fire products must meet national standards; if there is no national standard, it must meet industry standards. If no national standard or industry standard has been formulated, it shall meet the requirements for fire safety, and meet the requirements for protecting human health, the safety of personal property and corporate standards.

Article 4   The General Administration of Quality Supervision, Inspection and Quarantine, the State Administration for Industry and Commerce, and the Ministry of Public Security shall exercise supervision and management over the quality of fire protection products in the fields of production, distribution and use in accordance with their respective responsibilities.

Local quality supervision departments above the county level, administrative departments for industry and commerce, and fire protection agencies of public security organs shall, in accordance with their respective duties, supervise and manage the quality of fire protection products in the areas of production, distribution and use within their respective administrative areas.

 

Chapter two   admission to market

The fifth   Fire-fighting products that implement compulsory product certification in accordance with the law can only be produced, sold, and used after they have passed the compulsory requirements of national standards and industry standards by certification bodies with legal qualifications.

The fire protection product certification agency shall report the relevant information about the compulsory certification of fire protection products to the National Certification and Accreditation Administration and the Fire Bureau of the Ministry of Public Security.

The catalogue of fire protection products subject to compulsory product certification is formulated and announced by the General Administration of Quality Supervision, Inspection and Quarantine, the State Certification and Accreditation Administration and the Ministry of Public Security, and the basic specifications and certification rules for fire product certification are formulated and announced by the State Certification and Accreditation Administration.

Article 6   The National Certification and Accreditation Administration shall, in accordance with the relevant provisions of the "Regulations on the Certification and Accreditation of the People's Republic of China", after reviewing and soliciting opinions from the Fire Bureau of the Ministry of Public Security, designate an agency engaged in compulsory product certification activities for fire protection products, and certification-related inspection agencies, Laboratory, and announced to the community.

Article 7   Fire protection product certification agencies and their staff shall engage in certification activities in accordance with relevant regulations, issue certification conclusions objectively and fairly, and be responsible for the certification results. The procedures stipulated in the basic certification standards and certification rules shall not be added, reduced, omitted or changed.

eighth   Inspection institutions, laboratories and their personnel engaged in compulsory product certification activities for fire protection products shall ensure that the results of inspections and tests are true and accurate, and shall be responsible for the conclusions of inspections and tests.

Article 9   Newly developed fire protection products that have not yet formulated national standards or industry standards can only be produced, sold, and used after they have been technically certified by the fire protection product technical appraisal agency to meet fire safety requirements. Fire safety requirements are formulated by the Ministry of Public Security.

The fire product technical appraisal organization shall have the fire product laboratory qualifications issued by the State Certification and Accreditation Administration and Supervision Committee to issue data and results with certification to the society, or the certification body qualifications for fire product conformity assessment activities. The list of fire product technical appraisal agencies is announced by the Ministry of Public Security.

Fire protection agencies and certification and accreditation supervision and management departments of public security organs shall supervise the technical appraisal agencies of fire protection products in accordance with their respective duties.

The Ministry of Public Security, in conjunction with the National Certification and Accreditation Supervision and Administration Commission, has formulated working procedures and specifications for the technical appraisal of fire products with reference to the management rules of fire product certification agencies and laboratories.

Article 10   The technical appraisal of fire protection products shall follow the following procedures:

(1) The client submits a written entrustment to the fire product technical appraisal agency and provides relevant documents and materials;

(2) The fire product technical appraisal agency shall review the documents and materials in accordance with relevant regulations;

(3) If the documents and documents meet the requirements after being audited, the fire product technical appraisal organization shall organize the fire product type inspection and factory inspection in accordance with the fire safety requirements and relevant regulations;

(4) If it is determined that the fire protection product meets the fire safety requirements, the technical appraisal agency shall issue a fire protection product technical appraisal certificate within 90 days from the date of acceptance of the entrustment, and report the relevant information of the fire protection product to the fire station of the Ministry of Public Security; If security requirements are required, the client shall be notified in writing and the reasons shall be explained.

The inspection time of fire protection products is not included in the time limit for technical appraisal.

Article 11   Fire safety product technical appraisal agencies and their staff shall carry out technical appraisal work in accordance with relevant regulations and be responsible for the results of technical appraisal.

Article 12   The technical certification of fire protection products is valid for three years.

If the validity period expires and the producer needs to continue to produce fire protection products, he shall re-apply for a fire protection product technical appraisal certificate within six months before the expiration of the validity period in accordance with Article 10 of these regulations.

Article 13   During the validity period of the technical certification of fire protection products, if the production conditions, inspection methods, production techniques or processes of the fire protection products change, which has a significant impact on performance, the producer shall re-entrust the technical certification of the fire protection products.

Article 14   During the validity period of the technical certification of fire protection products, if the national standards and industry standards for fire protection products are promulgated and implemented, the producer shall ensure that the fire protection products produced conform to the national standards and industry standards.

If the fire protection products specified in the preceding paragraph are included in the compulsory product certification catalog, compulsory product certification shall be implemented in accordance with these regulations. If it is not listed in the compulsory product certification catalog, the technical certification will no longer be implemented after the validity of the technical certification certificate expires.

Article 15   The fire safety product technical appraisal agency shall conduct an effective follow-up investigation on its qualified products. If the qualified products fail to continue to meet the technical appraisal requirements, the technical appraisal agency shall suspend its use until the appraisal certificate is revoked and announce it.

Article 16   Fire protection products that pass the compulsory product certification or technical certification shall be announced by the Fire Bureau of the Ministry of Public Security.

 

third chapter   Product quality responsibilities and obligations

Article 17   The producers of fire protection products shall be responsible for the quality of the fire protection products produced by them, establish an effective quality management system, maintain the production conditions of fire protection products, and ensure that the product quality, signs and labels meet the requirements of relevant laws, regulations and standards. It shall not produce fire protection products that should be acquired without market access qualification, unqualified fire protection products, or fire products that have been phased out by the state.

The manufacturer of fire protection products shall establish a registration system for the sales flow of fire protection products, and truthfully record the product name, batch, specifications, quantity, sales destination and other contents.

Article 18   Firefighting product sellers shall establish and implement a purchase inspection and acceptance system to verify product qualification certificates and other marks. They shall not sell firefighting products that should be obtained without market access qualification, unqualified firefighting products, or firefighting products that have been phased out by the state.

Sellers should take measures to maintain the quality of the products they sell.

Article 19   Users of fire protection products shall check the product certification, product identification and related certificates, and select qualified fire protection products that comply with market access.

The fire protection products selected by the construction engineering design unit in the design shall indicate the product specifications, performance and other technical indicators, and their quality requirements shall conform to national standards and industry standards. When it is necessary to select fire protection products that have not formulated national standards or industry standards, fire protection products that have passed technical appraisal shall be selected.

Construction engineering construction enterprises shall conduct on-site inspections or inspections of incoming fire protection products in accordance with engineering design requirements, construction technical standards, contractual agreements, and related technical standards of fire protection products, and truthfully record the source of purchase, name, batch, specifications, quantity, etc. Contents; if the on-site inspection or inspection fails, installation is not allowed. On-site inspection records or inspection reports shall be archived for future reference. Construction engineering construction enterprises shall establish an installation quality management system, strictly implement relevant standards, construction specifications and related requirements to ensure the installation quality of fire protection products.

Engineering supervision units shall supervise the quality of fire protection products used in construction projects and their installation quality in accordance with laws, administrative regulations and related technical standards, design documents and construction project contracting contracts.

Organs, groups, enterprises, institutions and other units shall regularly organize the maintenance and repair of fire protection facilities and equipment in accordance with national standards and industry standards to ensure their integrity and effectiveness.

 

Chapter Four   supervised check

Article 20   The quality supervision department and the administrative department for industry and commerce shall supervise and inspect the quality of fire protection products in the production and distribution areas in accordance with the "Product Quality Law of the People's Republic of China" and related regulations.

Article 21   The fire protection agencies of public security organs supervise and inspect the quality of fire protection products in the field of use, and implement a combination of daily supervision and inspection and supervision and random inspection.

Article 22   The fire protection agencies of public security organs carry out daily supervision and inspection of the quality of fire protection products in the field of fire supervision and inspection and construction project fire supervision and management, and follow the "Fire Control Supervision and Inspection Regulations" of the Ministry of Public Security and the "Building Project Fire Supervision and Management Regulations".

Article 23   The fire protection agencies of public security organs conduct special supervision and random checks on the quality of fire products in the field of use. The fire protection agencies of public security organs at or above the provincial level shall formulate supervision and random inspection plans, and the fire prevention agencies of local public security organs at or above the county level shall implement them.

Article 24   The fire protection agencies of public security organs shall carry out spot checks on the quality of fire protection products in the fields of use, and shall check the following:

(1) Whether the fire protection products listed in the compulsory product certification catalog have a compulsory product certification certificate, and whether the newly developed fire protection products that have not formulated national standards or industry standards have a technical appraisal certificate;

(2) In accordance with the compulsory national standards or industry standards, whether the fire protection products that should undergo type inspection and factory inspection have the certification documents for type inspection and factory inspection;

(3) Whether the appearance signs, specifications and models, structural components, materials, performance parameters, production plant name, plant site, and place of origin of the fire protection products comply with relevant regulations;

(4) Whether the key performance of the fire products meets the requirements of the on-site inspection and judgment rules for fire products;

(5) Other contents stipulated by laws and administrative regulations.

Article 25   消防产品质量监督抽查时,检查人员不得少于两人,并应当出示执法身份证件。 When the fire protection organization of a public security organ conducts random inspections on the quality of fire protection products, the number of inspectors shall not be less than two, and law enforcement ID cards shall be produced.

消防产品质量监督抽查应当填写检查记录,由检查人员、被检查单位管理人员签名;被检查单位管理人员对检查记录有异议或者拒绝签名的,检查人员应当在检查记录中注明。 The inspection records for the quality supervision and random inspection of fire products shall be completed and signed by the inspectors and the managers of the inspected units; if the managers of the inspected units disagree or refuse to sign the inspection records, the inspectors shall indicate in the inspection records.

Article 26   Fire protection agencies of public security organs shall implement on-site inspection and judgment in accordance with these regulations and on-site inspection and judgment rules for fire products. If the on-site inspection is judged to be unqualified, the judgment conclusion shall be sent to the inspected person within three days. If the inspected person disagrees with the conclusion of the on-site inspection of the fire protection products, the fire protection agency of the public security organ shall, within five days, send samples to the product quality inspection agency that meets the legal conditions for supervision and inspection in accordance with the relevant regulations. The inspection result will be notified to the inspected person within the day.

The samples taken during the inspection shall be supplied by the inspected persons free of charge, and their quantity shall not exceed the reasonable needs of the inspection. The inspection expenses shall be included in the prescribed funds and shall not be charged to the inspected.

Article 27   If the inspected person disagrees with the inspection results of the products sampled by the fire protection agency of the public security organ, he may submit a written re-inspection application to the fire protection agency of the public security organ within five days after receiving the inspection results.

When accepting an application for re-inspection, the fire protection agency of the public security organ shall issue an acceptance certificate on the spot.

将备用样品送检,自收到复检结果之日起三日内,将复检结果告知申请人。 After the fire protection agency of the public security organ accepts the application for re-inspection, it shall send the standby sample for inspection within five days, and notify the applicant of the re-inspection result within three days from the date of receiving the re-inspection result.

The application for re-inspection is limited to one time. If the re-examination is qualified, the cost shall be included in the fund for spot checks; if it fails, the applicant shall bear the cost.

Article 28   The quality supervision department and the industry and commerce administration department shall report the complaints and complaints about the quality of fire protection products in time, and shall handle them in a timely manner and in accordance with the law. Those that do not fall within the scope of responsibility of this department shall be handed over in time or notified to the relevant department in writing.

The fire protection agencies of public security organs shall promptly accept and register complaints about the quality of fire protection products, and shall handle them in accordance with the relevant provisions of the “Procedures for Handling Administrative Cases by Public Security Organs” of the Ministry of Public Security and the quality supervision and inspection procedures for fire protection products in these regulations.

After the fire protection agency of the public security organ has checked the quality of the fire products reported, it shall deal with fire safety violations according to law. The inspection and handling shall be notified to the complainant within three days; if it cannot be notified, it shall be indicated in the acceptance registration.

Article 29   依法应当获得市场准入资格而未获得准入资格的消防产品或者不合格的消防产品、国家明令淘汰的消防产品等使用领域消防产品质量违法行为, 应当依法责令限期改正。 The fire prevention agencies of public security organs shall find that illegal use of fire products in areas such as fire products that are not eligible for market access in accordance with the law or that do not qualify, or fire products that have been phased out by the state, shall be ordered to correct within a time limit.

The fire protection agency of the public security organ shall conduct a review within three days from the date of receiving the party's review application or ordering the correction period to expire. The review shall complete the record.

Article 30   Fire safety agencies of public security organs shall investigate and deal with illegal quality of fire products in the fields of use in accordance with the law, and promptly notify relevant quality supervision departments and industry and commerce administration departments in writing; quality supervision departments and industry and commerce administration departments shall Sellers promptly investigate and deal with it according to law.

Article 31   The quality supervision department, the administrative department for industry and commerce, and the fire protection agency of the public security organ shall, in accordance with relevant regulations, announce to the society the quality supervision and inspection of fire products, and the administrative penalties of major fire product quality violations.

Article 32   Any unit or individual shall truthfully provide relevant information and materials when accepting the fire product quality supervision and inspection conducted by the quality supervision department, industry and commerce administration department, and fire protection agency of public security organs according to law.

No unit or individual may arbitrarily transfer, sell, conceal or destroy the items subject to compulsory measures, and shall not refuse supervision and inspection conducted in accordance with law.

 

chapter Five   legal liability

Article 33   The production and sale of unqualified fire products or fire products eliminated by the state shall be severely punished by the quality supervision department or the administrative department for industry and commerce in accordance with the "People's Republic of China Product Quality Law".

Article 34   Under any of the following circumstances, the fire protection agency of the public security organ shall order correction and punish it in accordance with Article 59 of the Fire Protection Law of the People's Republic of China:

(1) The construction unit requires the construction project construction enterprise to use fire products that do not meet market access, unqualified fire products, or fire products that have been phased out by the state;

(2) The construction engineering design unit selects fire protection products that do not comply with market access, or fire protection products eliminated by the state's order for fire protection design;

(3) The construction project construction enterprise installs fire protection products that do not comply with market access, unqualified fire protection products, or fire products that have been phased out by the state;

(4) The project supervision unit colludes with the construction unit or construction project construction enterprise to falsify, install or use fire products that do not comply with market access, unqualified fire products, or fire products that have been phased out by the state.

Article 35   If the fire product technical appraisal agency issues false documents, the fire control agency of the public security organ shall order correction and punish it in accordance with Article 69 of the Fire Protection Law of the People's Republic of China.

Article 36   Where fire-fighting products that do not comply with market access are used in densely populated places, the fire-fighting agency of the public security organ shall order correction within a time limit; those who fail to make corrections within the time limit shall be punished in accordance with Article 65, paragraph 2, of the Fire Protection Law of the People's Republic of China.

If non-personnel-intensive places use fire products that do not comply with market access, unqualified fire products, or fire products that have been phased out by the state, the fire protection agencies of public security organs shall order correction within a time limit; if they fail to make corrections within the time limit, the non-operating place shall be subject to 500 A fine of not less than 1,000 yuan but not more than 1,000 yuan shall be imposed on a business establishment with a fine of not less than 5,000 yuan but not more than 10,000 yuan, and a person in charge directly responsible and other directly responsible persons shall be fined not more than 500 yuan.

Article 37   The fire protection agencies and their staff of public security organs shall supervise and enforce fire protection products, shall strictly abide by the provisions of a clean government, adhere to fair and civilized law enforcement, and consciously accept the supervision of units and citizens.

Public security organs and their staff shall not designate the brand or sales unit of fire protection products, shall not participate in or interfere with the bidding activities of fire protection products for construction projects, and shall not accept the property or other improper interests of the units or individuals being inspected.

Article 38   Staff of quality supervision departments, industrial and commercial administrative departments, and fire protection agencies of public security organs who abuse their powers, neglect their duties, and engage in malpractices in the supervision of fire products shall be punished according to law.

Article 39   Anyone who violates these regulations and constitutes a crime shall be investigated for criminal responsibility according to law.

 

Chapter Six   Attach   then

Article 40   The fire protection product catalog is formulated and published by the Fire Bureau of the Ministry of Public Security.

Article 41   The import and export inspection and supervision of fire protection products shall be implemented by the entry-exit inspection and quarantine department in accordance with relevant regulations.

    If the fire protection products belong to the special equipment stipulated in the "Special Equipment Safety Supervision Regulations of the People's Republic of China", they shall also abide by the relevant regulations on special equipment safety supervision.

Article 42   "Three days" and "five days" in these regulations refer to working days, excluding legal holidays.

Article 43   The forms of legal documents required by the fire protection agencies of public security organs to implement these regulations shall be formulated by the Ministry of Public Security.

Article 44   This provision comes from 1 1 日起 From January 1 , 2013 Execute.

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