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Fire Protection Law of the People's Republic of China
source: Release time: 2019-04-23

Decree of the President of the People's Republic of China

(No. 29)


The Decision of the Standing Committee of the National People's Congress on Amending Eight Laws, including the Building Law of the People's Republic of China, was adopted by the Tenth Meeting of the Standing Committee of the 13th National People's Congress of the People's Republic of China on April 23, 2019 It is hereby announced that the revised provisions of the "Trademark Law of the People's Republic of China" will be implemented from November 1, 2019, and the revised provisions of other laws will be implemented from the date of this decision's promulgation.

 

 

President of the People's Republic of China     Xi Jinping
          年4月23日 April 23, 2019

 

 

 

 

 

 

 

 

 

Fire Protection Law of the People's Republic of China

 

1998 4 29 日第九届全国人民代表大会常务委员会第二次会议通过 2008 10 28 日第十一届全国人民代表大会常务委员会第五次会议修订通过根据 2019 4 23 日第十三届全国人民代表大会常务委员会第十次会议《关于修改〈中华人民共和国建筑法〉等八部法律的决定》修正) ( Adopted at the second meeting of the Standing Committee of the Ninth National People's Congress on April 29 , 1998. The amendments were adopted at the fifth meeting of the Standing Committee of the Eleventh National People's Congress on October 28 , 2008. The Tenth Meeting of the Standing Committee of the Thirteenth National People's Congress (Amendment of "Decision on Amending Eight Laws, including the" Building Law of the People's Republic of China ")

 

 

Chapter One General   then

    Article 1 This Law is enacted in order to prevent fires and reduce fire hazards, strengthen emergency rescue work, protect the safety of people and property, and maintain public safety.

    Article 2 The fire prevention work implements the principle of putting prevention first and combining prevention with elimination. In accordance with the principles of unified government leadership, departmental supervision, full unit responsibility, and active citizen participation, a fire safety responsibility system is established and a socialized fire protection work network is established.

    Article 3 The State Council leads the nationwide fire protection work. Local people's governments at various levels are responsible for fire fighting in their own administrative areas.

    People's governments at all levels should incorporate fire protection work into their national economic and social development plans, and ensure that fire protection work is compatible with economic and social development.

    Article 4 The emergency management department of the State Council exercises supervision and management of fire protection work throughout the country. The emergency management department of the local people's government at or above the county level supervises and manages the fire protection work in its own administrative area, and the fire rescue agency of the people's government at the corresponding level is responsible for implementation. The fire protection of military facilities shall be supervised and managed by its competent unit and assisted by fire rescue agencies; the fire protection of underground mines, nuclear power plants and offshore oil and gas facilities shall be supervised and managed by its competent unit.

    Within the scope of their respective duties, other relevant departments of the people's governments at or above the county level shall do a good job in fire protection in accordance with the provisions of this Law and other relevant laws and regulations.

    Where laws and administrative regulations provide otherwise for fire protection work in forests and grasslands, such provisions shall prevail.

    Article 5 Any unit or individual has the obligation to maintain fire safety, protect fire facilities, prevent fires, and report fire alarms. All units and adults have the obligation to participate in organized fire fighting.

    Article 6 People's governments at all levels shall organize and carry out regular fire prevention publicity and education to raise citizens' awareness of fire safety.

    Organs, groups, enterprises, institutions and other units shall strengthen fire prevention propaganda and education for their own personnel.

    Emergency management departments and fire rescue agencies shall strengthen the publicity of fire protection laws and regulations, and supervise, guide and assist relevant units to do a good job in fire protection publicity and education.

    The competent administrative department of education, human resources, schools, and relevant vocational training institutions shall incorporate fire prevention knowledge into the content of education, teaching, and training.

    Relevant units such as news, radio, and television shall conduct targeted fire prevention education to the society.

    Trade unions, communist youth leagues, women's federations and other groups shall, in light of the characteristics of their respective work targets, organize and carry out fire prevention publicity and education.

    Villagers 'committees and residents' committees shall assist the people's government, public security organs, emergency management and other departments to strengthen fire prevention publicity and education.

    Article 7 The State encourages and supports scientific research and technological innovation in fire protection, promotes the use of advanced fire protection and emergency rescue technologies and equipment, and encourages and supports social forces to carry out fire protection public welfare activities.

    Units and individuals who have made outstanding contributions in fire protection work shall be commended and rewarded in accordance with relevant state regulations.

Chapter II Fire Prevention

    Article 8 Local people's governments at all levels shall incorporate the fire protection planning including fire safety layout, fire stations, fire water supply, fire communication, fire truck passages, fire equipment, etc. into urban and rural planning, and be responsible for the organization and implementation.

    If the urban and rural fire safety layout does not meet the fire safety requirements, it shall be adjusted and improved; if the public fire protection facilities and fire fighting equipment are insufficient or do not meet the actual needs, they shall be added, rebuilt, configured or technologically modified.

    Article 9 The fire protection design and construction of construction projects must conform to the national fire protection technical standards for engineering construction. Construction, design, construction, engineering supervision and other units are responsible for the fire protection design and construction quality of construction projects according to law.

    Article 10 For construction projects that require fire protection design in accordance with national engineering construction fire protection technical standards, a fire protection design review and acceptance system for construction projects shall be implemented.

    Article 11 For special construction projects specified by the State Council ’s housing and urban-rural construction department, the construction unit shall submit the fire protection design documents to the housing and urban-rural construction department for review. The housing and urban-rural construction department shall be responsible for the results of the review.

    For other construction projects other than those specified in the preceding paragraph, the construction unit shall provide fire protection design drawings and technical data that meet the construction requirements when applying for a construction permit or applying for approval to start the construction report.

    Article 12 The construction unit or construction unit shall not carry out special construction projects that have not passed the fire protection design review or are unqualified; for other construction projects, the construction unit has not provided fire protection design drawings and technical data that meet the construction requirements, and the relevant departments shall not issue Construction permit or construction start report.

    Article 13 The State Council ’s competent department of housing and urban-rural construction stipulates that construction projects that should apply for fire inspection and acceptance are completed, and the construction unit shall apply to the housing and urban-rural construction department for fire inspection and acceptance.

    For construction projects other than those specified in the preceding paragraph, the construction unit shall report to the competent department of housing and urban and rural construction for record after acceptance, and the competent department of housing and urban and rural construction shall conduct spot checks.

    Construction projects that should undergo fire inspection and acceptance in accordance with the law shall not be put into use if they fail to pass the fire inspection or fail in acceptance; other construction projects shall be discontinued if they fail to pass the spot inspection in accordance with law.

    Article 14 The specific measures for the fire protection design review, fire acceptance, filing and spot checks of construction projects shall be prescribed by the State Council ’s housing and urban and rural construction authorities.

    Article 15 Before a public gathering place is put into use or business, the construction unit or user unit shall apply to the fire rescue agency of the local people ’s government at or above the county level where the place is located to apply for fire safety inspection.

    The fire rescue agency shall, within ten working days from the date of accepting the application, conduct a fire safety inspection of the site in accordance with fire technical standards and management regulations. Those who do not meet the fire safety requirements without being inspected for fire safety shall not be put into use or business.

    Article 16 Organs, groups, enterprises, institutions and other units shall perform the following fire safety duties:

    (1) Implement the fire safety responsibility system, formulate the fire safety system and fire safety operating rules of the unit, and formulate fire prevention and emergency evacuation plans;

    (2) Configure fire-fighting facilities and equipment in accordance with national standards and industry standards, set fire safety signs, and regularly organize inspections and maintenance to ensure completeness and effectiveness;

    (3) Conduct comprehensive inspections of the building fire protection facilities at least once a year to ensure completeness and effectiveness, and the inspection records shall be complete and accurate and archived for inspection;

    (4) Ensure that the evacuation passages, safety exits, and fire truck passages are unobstructed, and ensure that the fire and smoke prevention zones and fire separation distances comply with fire protection technical standards;

    (5) Organizing fire inspections to eliminate fire hazards in a timely manner;

    (6) Organizing targeted fire drills;

    (7) Other fire safety duties stipulated by laws and regulations.

    The main person in charge of the unit is the person responsible for fire safety of the unit.

    Article 17 The fire rescue agencies of local people's governments at or above the county level shall identify the units that are more likely to have a fire and cause major personal injury or property damage due to the fire, and shall be designated as the key units of fire safety within the administrative area. The emergency management department reports to the people's government at the corresponding level for the record.

    The key fire safety units shall perform the following fire safety duties in addition to the duties provided for in Article 16 of this law:

    (1) Determine the fire safety manager, organize and implement the fire safety management work of the unit;

    (2) Establish fire archives, identify key parts of fire safety, set fire prevention signs, and implement strict management;

    (3) Implement daily fire inspections and establish inspection records;

    (4) Provide pre-job fire safety training to employees, and regularly organize fire safety training and fire drills.

    Article 18 Where the same building is managed or used by two or more units, the fire safety responsibilities of each party shall be clearly defined, and the person responsible shall be responsible for unified management of the shared evacuation passages, safety exits, building fire protection facilities and fire truck passages.

    Property service enterprises in residential areas shall maintain and manage the common fire protection facilities in the management area and provide fire safety prevention services.

    Article 19 The places where flammable and explosive dangerous goods are produced, stored, and operated shall not be located in the same building as the living place, and shall be kept at a safe distance from the living place.

    Where the place for production, storage, and operation of other articles is located in the same building as the dwelling place, it shall meet the national fire protection technical standards for engineering construction.

    Article 20 To organize large-scale mass activities, the contractor shall apply to the public security organ for a safety permit, formulate firefighting and emergency evacuation plans and organize drills, clarify the division of responsibilities for fire safety, identify fire safety management personnel, and maintain the configuration of fire protection facilities and fire equipment. Complete, intact and effective, to ensure that evacuation routes, safety exits, evacuation instructions, emergency lighting and fire truck passages meet fire technical standards and management regulations.

    Article 21 It is forbidden to smoke or use open flames in places with danger of fire or explosion. If it is necessary to use open fire due to special circumstances such as construction, it should go through the examination and approval procedures in advance and adopt corresponding fire safety measures in accordance with the regulations; the operators should abide by the fire safety regulations.

    Personnel who perform fire-hazardous operations such as electric welding and gas welding, and operators of automatic fire protection systems, must hold a certificate to work and follow fire safety operating procedures.

    Article 22 The installation, production, storage, loading and unloading of flammable and explosive dangerous goods in factories, warehouses, special stations and wharfs shall comply with fire protection technical standards. Filling stations, supply stations, and pressure regulating stations for flammable and explosive gases and liquids shall be located at locations that meet the requirements of fire safety and meet the requirements of fire protection and explosion prevention.

    The factories, warehouses and special stations, docks, production, storage, loading and unloading of flammable and explosive dangerous goods that have been set up, filling stations, supply stations, and pressure regulating stations for flammable and explosive gases and liquids no longer meet the requirements of the preceding paragraph. The local people's government shall organize and coordinate the relevant departments and units to solve within a time limit to eliminate hidden dangers.

    Article 23 The production, storage, transportation, sale, use, and destruction of flammable and explosive dangerous goods must implement fire protection technical standards and management regulations.

    When entering a place where flammable and explosive dangerous goods are produced or stored, fire safety regulations must be implemented. It is prohibited to illegally carry flammable and explosive dangerous goods into public places or take public transportation.

    The management of warehouses that store combustible materials must implement fire protection technical standards and management regulations.

    Article 24 Fire protection products must meet national standards; if there is no national standard, it must meet industry standards. It is prohibited to produce, sell or use unqualified fire products and fire products that have been eliminated by the state.

    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 catalog of fire protection products subject to compulsory product certification shall be formulated and announced by the product quality supervision department of the State Council in conjunction with the emergency management department of the State Council.

    Newly developed fire protection products that have not yet formulated national standards or industry standards shall be manufactured, sold, and used only after meeting technical requirements for fire safety in accordance with the methods prescribed by the Product Quality Supervision Department of the State Council in conjunction with the Emergency Management Department of the State Council.
Fire protection products that have passed the compulsory product certification or technical certification according to the provisions of this Article shall be announced by the emergency management department of the State Council.

    Article 25 The product quality supervision department, industry and commerce administration department, and fire rescue agency shall strengthen the supervision and inspection of the quality of fire products in accordance with their respective duties.

    Article 26 The fire performance of building components, building materials and interior decoration and decoration materials must meet national standards; if there is no national standard, it must meet industry standards.

    For interior decoration and decoration in densely populated places, non-combustible and non-combustible materials shall be used in accordance with the requirements of fire protection technical standards.

    Article 27 The product standards for electrical appliances and gas appliances shall meet the requirements for fire safety.

    The installation and use of electrical products and gas appliances, as well as the design, laying, maintenance and testing of their circuits and piping, must comply with fire protection technical standards and management regulations.

    Article 28 No unit or individual shall damage, misappropriate or dismantle or deactivate fire-fighting facilities or equipment without authorization, shall not be buried, occupied, shielded by fire hydrants or occupied fire prevention distances, and shall not occupy, block, close evacuation passages, safety exits, Fire truck passage. Doors and windows in crowded places shall not be provided with obstacles that affect escape and fire rescue.

    Article 29 The unit responsible for the maintenance and management of public fire protection facilities shall keep the public fire protection facilities such as fire water supply, fire communication, and fire truck passages intact and effective. If the construction of roads, power outages, water cuts, or communication lines may affect the fire brigade's fire fighting and rescue operations, the relevant units must notify the local fire rescue agency in advance.

    Article 30 Local people's governments at all levels shall strengthen leadership over rural fire protection work, take measures to strengthen the construction of public fire protection facilities, organize the establishment and supervision of the implementation of the fire safety responsibility system.

    Article 31 During the agricultural harvest season, forest and grassland fire prevention periods, major holidays, and fire-prone seasons, local people's governments at all levels shall organize targeted fire prevention publicity and education, adopt fire prevention measures, and conduct fire safety inspections.

    Article 32 The township people's governments and urban sub-district offices shall guide, support and help villagers 'committees and residents' committees to carry out mass fire protection work. Villagers 'committees and residents' committees shall determine fire safety managers, organize and formulate fire safety conventions, and conduct fire safety inspections.

    Article 33 The State encourages and guides public gathering places and enterprises that produce, store, transport, and sell flammable and explosive dangerous goods to apply for public fire insurance for fires; insurance companies are encouraged to underwrite public fire insurance for fires.

    Article 34 Fire technical service organizations and practitioners such as fire product quality certification, fire facility testing, and fire safety monitoring shall obtain corresponding qualifications and qualifications in accordance with law; in accordance with laws, administrative regulations, national standards, industry standards, and practice guidelines, Accept the commission to provide fire technical services and be responsible for the quality of the services.

Chapter III Fire Organization

    Article 35 People's governments at all levels shall strengthen the construction of fire prevention organizations, establish various forms of fire prevention organizations in accordance with the needs of economic and social development, strengthen the training of fire fighting technical personnel, and enhance the capabilities of fire prevention, suppression and emergency rescue.

    Article 36 Local people's governments at or above the county level shall establish national comprehensive fire rescue teams and full-time fire brigades in accordance with state regulations, and provide fire fighting equipment in accordance with national standards to undertake fire fighting work.

    The township people's government shall establish a full-time fire brigade and a voluntary fire brigade in accordance with the needs of local economic development and fire protection work, to undertake fire fighting work.

    Article 37 The national comprehensive fire rescue team and full-time fire rescue team shall undertake major disaster accidents and other emergency rescue work mainly to save personnel's lives in accordance with state regulations.

    Article 38 The national comprehensive fire rescue team and full-time fire brigade shall give full play to the backbone of professional forces in fire fighting and emergency rescue; in accordance with state regulations, organize and implement professional skills training, equip and maintain equipment and equipment, and improve fire fighting and Emergency rescue capabilities.

    Article 39 The following units shall establish a full-time fire brigade of the unit to undertake the fire fighting work of the unit:

    (1) Large nuclear facilities, large power plants, civil airports, and major ports;

    (2) Large enterprises producing and storing flammable and explosive dangerous goods;

    (3) Large warehouses and bases that store important combustible materials;

    (4) other large enterprises that have greater fire dangers than those specified in items 1, 2, and 3, and are far from the national comprehensive fire rescue team;

    (5) The management unit of the ancient building group that is far from the national comprehensive fire rescue team and is listed as a national key cultural relics protection unit.

    Article 40 The establishment of a full-time fire brigade shall comply with relevant state regulations and be reported to the local fire rescue agency for acceptance.

    Full-time fire brigade members enjoy social insurance and welfare benefits in accordance with law.

    Article 41: Organs, groups, enterprises, institutions, etc., as well as villagers 'committees and residents' committees, establish various forms of fire protection organizations, such as voluntary fire brigades, to carry out mass self-defense and self-rescue work.

    Article 42 The fire rescue agency shall provide professional guidance to fire protection organizations such as full-time fire brigade and volunteer fire brigade; according to the needs of fire fighting, they may mobilize and direct the full-time fire brigade to participate in the fire fighting work.

Chapter IV Fire Fighting and Rescue

    Article 43 Local people's governments at or above the county level shall organize relevant departments to formulate emergency plans for the characteristics of fires in their respective administrative areas, establish emergency response and disposal mechanisms, and provide personnel, equipment and other guarantees for fire fighting and emergency rescue work.

    Article 44 Anyone who discovers a fire shall immediately report it to the police. Any unit or individual shall facilitate the alarm without compensation and shall not block the alarm. It is strictly forbidden to report fire alarms.

    If a fire occurs in a densely populated area, the on-site staff at that location shall immediately organize and guide the evacuation of the personnel present.

    Any unit that has a fire must immediately organize a fire fighting. Neighboring units should provide support.

    When the fire brigade receives a fire alarm, it must immediately rush to the scene of the fire to rescue the distressed people, eliminate the danger, and put out the fire.

    Article 45. The fire rescue agencies shall organize and direct the fire fighting at the scene of a fire uniformly, and shall give priority to guaranteeing the safety of the lives of those in distress.

    The fire commander has the right to decide the following matters according to the needs of fire fighting:

    (1) using various water sources;

    (2) cut off the transportation of electricity, combustible gas and combustible liquid, and restrict the use of fire and electricity;

    (3) delimiting warning zones and implementing local traffic control;

    (4) using nearby buildings and related facilities;

    (5) in order to rescue personnel and important materials and prevent the spread of the fire, demolish or damage the buildings, structures or facilities adjacent to the fire site;

    (6) Mobilizing relevant units such as water supply, power supply, gas supply, communication, medical rescue, transportation, environmental protection, etc. to assist fire fighting and rescue.

    In accordance with the urgent need to extinguish fires, the relevant local people's governments shall organize personnel and mobilize necessary materials to support fire fighting.

    Article 46 The national comprehensive fire rescue team and full-time fire rescue team shall participate in the emergency rescue work for major disasters other than fires under the unified leadership of the people's governments at or above the county level.

    Article 47 Fire trucks and fireboats are going to perform fire fighting or emergency rescue missions. On the premise of ensuring safety, they are not restricted by the speed, route, direction and command signals. Other vehicles, ships and pedestrians should let No tolls can be interspersed; toll roads and bridges are exempt from vehicle tolls. The traffic management commanders shall ensure the rapid passage of fire trucks and fireboats.

    Where fire fighters rushing to the scene of a fire or emergency rescue and the fire fighting equipment and materials mobilized need rail, waterway or air transportation, the relevant units shall give priority to transportation.

    Article 48 Fire trucks, fireboats, fire-fighting equipment, equipment and facilities shall not be used for matters unrelated to fire protection and emergency rescue work.

    Article 49 The national comprehensive fire rescue team and full-time fire rescue team shall not charge any fees for fire fighting and emergency rescue.

    The full-time fire brigade and voluntary fire brigade of the unit participating in the extinguishment of the fire, fuel, extinguishing agent and equipment, equipment and other equipment consumed by foreign units shall be compensated by the people's government where the fire occurred.

    Article 50. Persons who have been injured, disabled or died as a result of participating in a fire fighting or emergency rescue shall be given medical treatment and pensions in accordance with relevant state regulations.

    Article 51 The fire rescue agency shall have the right to close the fire scene as required, investigate the cause of the fire, and calculate the fire losses.

    After the fire is extinguished, the fire-fighting unit and relevant personnel shall protect the site according to the requirements of the fire rescue agency, accept the accident investigation, and provide truthful information about the fire.

    The fire rescue agency shall, in accordance with the fire scene investigation, investigation, and relevant inspection and appraisal opinions, prepare a fire accident certification in time to serve as evidence for handling the fire accident.

Chapter V Supervision and Inspection

    Article 52 Local people's governments at various levels shall implement the fire protection work responsibility system, and supervise and inspect the performance of the relevant departments of the people's governments at the corresponding level in fulfilling their fire safety responsibilities.

    Relevant departments of local people's governments at or above the county level shall carry out targeted fire safety inspections in accordance with the characteristics of the system, and promptly urge and rectify hidden fire hazards.

    Article 53 Fire-fighting rescue organizations shall supervise and inspect the compliance of fire-fighting laws and regulations by agencies, groups, enterprises, and institutions. The public security police station may be responsible for daily fire supervision and inspection, and conduct fire prevention propaganda and education. The specific measures shall be prescribed by the public security department of the State Council.

    Staff of fire rescue agencies and public security police stations shall produce certificates for fire supervision and inspection.

    Article 54 If a fire rescue agency finds a fire hazard during fire supervision and inspection, it shall notify the relevant unit or individual to take immediate measures to eliminate the hidden danger; if the fire hazard is not removed in a timely manner and may seriously threaten public safety, the fire rescue agency shall treat dangerous parts in accordance with regulations Or the place adopts temporary seizure measures.

    Article 55 If a fire rescue agency finds that the urban and rural fire safety layout and public fire facilities do not meet the fire safety requirements during the fire supervision and inspection, or finds that there are major fire hazards affecting public safety in the area, the emergency management department shall report this in writing. People's Government.

    The people's government receiving the report shall verify the situation in a timely manner, and organize or instruct the relevant departments and units to take measures to rectify it.

    Article 56 The competent department of housing and urban-rural construction, fire rescue agencies and their staff shall conduct fire design review, fire acceptance, record-checking and fire safety inspection in accordance with statutory powers and procedures to be fair, strict, civilized, and efficient .

    Housing and urban-rural construction authorities, fire rescue agencies and their staff shall conduct fire design review, fire inspection acceptance, record-checking and fire safety inspection, etc., shall not charge fees, may not use their positions for profit; they may not use positions to designate users, construction units, or The brand, sales unit, or fire technical service organization, or fire protection facility construction unit of the designated fire protection product in disguise.

    Article 57 The competent department of housing and urban-rural construction, fire rescue agencies and their staff shall consciously accept the supervision of society and citizens in the execution of their duties.

    Any unit and individual has the right to report and prosecute the illegal acts of housing and urban-rural construction authorities, fire rescue agencies and their staff in law enforcement. The authorities that have received the report or complaint shall promptly investigate and deal with it according to their duties.

Chapter VI Legal Liability

    Article 58 In case of any of the following acts in violation of the provisions of this Law, the competent department of housing and urban-rural construction and fire rescue agencies shall, in accordance with their respective functions and powers, be ordered to stop construction, use or production and business, and shall be punished by more than 30,000 yuan and 300,000 yuan Fines below:

    (1) A construction project that should conduct a fire protection design review in accordance with the law, without unauthorized review or unqualified construction, construction is carried out without authorization;

    (2) A construction project that shall be subject to fire inspection and acceptance in accordance with the law, and is put into use without authorization or unqualified.

    (3) Other construction projects specified in Article 13 of this Law fail to be used after being unqualified after random inspection according to law;

    (4) Public gathering places are put into use or open business without fire safety inspection or inspection that does not meet fire safety requirements.

    If the construction unit fails to report to the competent department of housing and urban and rural construction for record after acceptance in accordance with the provisions of this law, the competent department of housing and urban and rural construction shall order correction and impose a fine of less than 5,000 yuan.

     Article 59 Anyone who violates the provisions of this law and commits one of the following acts shall be ordered to rectify or stop construction by the competent department of housing and urban-rural construction, and be fined not less than 10,000 yuan but not more than 100,000 yuan:

    (1) The construction unit requires the building design unit or construction enterprise to reduce the design and construction of fire protection technical standards;

    (2) The building design unit fails to carry out fire protection design in accordance with the mandatory requirements of fire protection technical standards;

    (3) Construction enterprises failing to carry out construction in accordance with fire protection design documents and fire protection technical standards, reducing the quality of fire protection construction;

    (4) The project supervision unit colludes with the construction unit or construction enterprise to falsify and reduce the quality of fire protection construction.

    Article 60 If a unit violates the provisions of this law and commits one of the following acts, it shall be ordered to make a correction and a fine of 5,000 yuan to 50,000 yuan shall be imposed:

    (1) The configuration and setting of fire protection facilities, equipment or fire safety signs do not conform to national standards or industry standards, or have not been kept intact and effective;

    (2) Damage, misappropriation or unauthorized removal or decommissioning of fire protection facilities and equipment;

    (3) Occupying, blocking, or closing an evacuation passageway, a safety exit, or other acts that prevent safe evacuation;

    (4) Buried pressure, occupancy, covering fire hydrants or occupying fire prevention distances;

    (5) Occupying, blocking, or closing the passage of fire trucks to prevent the passage of fire trucks;

    (6) Obstacles affecting the escape, fire fighting and rescue are set up on doors and windows in crowded places;

    (7) Failure to take prompt measures to eliminate the fire hazard after being notified by the fire rescue agency.

    An individual who commits one of the second, third, fourth, and fifth acts in the preceding paragraph shall be given a warning or a fine of less than 500 yuan.

    If any of the acts in the third, fourth, fifth, and sixth paragraphs of the first paragraph of this article is ordered to refuse to make corrections, they shall be enforced at the expense of the offender.

    Article 61 Where the place for the production, storage, and operation of flammable and explosive dangerous goods is located in the same building as the residential place, or if it does not maintain a safe distance from the residential place, it shall be ordered to suspend production and business and be imposed at a price of more than 5,000 yuan and 50,000 yuan Fines below RMB.

    Places for production, storage, and operation of other items are set up in the same building as the dwelling place, and those that do not meet the fire protection technical standards shall be punished in accordance with the provisions of the preceding paragraph.

    Article 62 Anyone who commits one of the following acts shall be punished in accordance with the Law of the People ’s Republic of China on Public Security Administration Punishment:

    (1) producing, storing, transporting, selling, using, or destroying flammable and explosive dangerous goods in violation of relevant fire protection technical standards and management regulations;

    (2) illegally carrying flammable and explosive dangerous goods into public places or taking public transportation;

    (3) falsely reporting a fire alarm;

    (4) Obstructing fire trucks and fireboats from performing their tasks;

    (5) Obstructing the personnel of fire rescue agencies from performing their duties according to law.

    Article 63 Whoever violates the provisions of this law and commits one of the following acts shall be given a warning or a fine of less than 500 yuan; if the circumstances are serious, he shall be detained for less than five days:

    (1) Entering a place where production and storage of flammable and explosive dangerous goods violates fire safety regulations;

    (2) Those who use open flames in violation of regulations or smoke or use open flames in places where there is a danger of fire or explosion.

    Article 64 If one of the following acts violates the provisions of this law and does not constitute a crime, he shall be detained for more than 10 days and less than 15 days and may be fined not more than 500 yuan; Fines below 100 yuan:

    (1) Instructing or forcing others to take risks by violating fire safety regulations;

    (2) fire caused by negligence;

    (3) Blocking the alarm after the fire, or the person in charge of reporting does not report the alarm in a timely manner;

    (4) Disrupting the order of the fire scene, or refusing to execute the command of the fire scene commander, affecting the fire fighting and rescue;

    (5) intentionally destroying or forging the scene of a fire;

    (6) Unauthorized unpacking or using places or parts sealed up by fire rescue agencies.

    Article 65 Anyone who, in violation of the provisions of this Law, produces or sells unqualified fire protection products or fire products that have been eliminated by the state, shall be severely punished by the product quality supervision department or the administrative department for industry and commerce in accordance with the provisions of the “Product Quality Law of the People ’s Republic of China”. .

    Those who use unqualified fire-fighting products or fire-fighting products eliminated by the national order in densely populated areas shall be ordered to make corrections within a time limit; those who fail to make corrections within the time limit shall be fined 5,000 yuan to 50,000 yuan and shall be directly responsible for the persons in charge and other direct responsibilities. The personnel shall be fined from 500 yuan to 2,000 yuan; if the circumstances are serious, they shall be ordered to suspend production and business.

    In the case of the second paragraph of this article, the fire rescue agency shall, in addition to punishing the user in accordance with the law, notify the product quality supervision department and the industry and commerce administration department of the fire fighting products found to be unqualified and those fired by the state. The product quality supervision department and industry and commerce administration department shall timely investigate and punish the producers and sellers according to law.

    Article 66 The installation and use of electrical products and gas appliances, as well as the design, laying, maintenance, and testing of their circuits and piping, shall be ordered to be corrected within a time limit; if they are not corrected within the time limit, they shall be ordered to stop Use, can be fined from 1,000 yuan to 5,000 yuan.

    Article 67 Organs, organizations, enterprises, institutions, etc. who violate the provisions of Article 16, Article 17, Article 18, and Paragraph 2 of Article 21 of this Law shall be ordered to make corrections within a time limit; In case, the person in charge directly responsible and other persons directly responsible shall be punished according to law or given a warning and punishment.

    Article 68 If a fire occurs in a densely populated place, the on-site staff at the site fails to perform the obligation to organize and guide the evacuation of the people on the site. If the circumstances are serious and the crime has not yet been constituted, they shall be detained for more than five days and less than ten days.

    Article 69 Where a fire technical service organization such as fire product quality certification and fire facility testing issues false documents, it shall be ordered to correct, a fine of 50,000 to 100,000 yuan shall be imposed, and the person in charge directly responsible and other directly responsible persons shall be punished. A fine ranging from 10,000 yuan to 50,000 yuan; if there is illegal income, the illegal income shall be confiscated; if it causes damage to others, it shall be liable for compensation in accordance with the law; if the circumstances are serious, the original licensing authority shall be ordered to stop practicing or revoke the corresponding qualifications and qualifications .

    If the institution stipulated in the preceding paragraph issues false documents and causes losses to others, it shall be liable for compensation according to law; if it causes major losses, the original licensing authority shall be ordered to stop practicing or revoke the corresponding qualifications and qualifications.

    Article 70 The administrative penalties provided for in this law shall be determined by the public security organs in accordance with the relevant provisions of the "Policy of Public Security Administration of the People's Republic of China", and shall be determined by the competent departments of housing and urban-rural construction and fire rescue agencies in accordance with their respective powers.

    Those who are ordered to stop construction, use, production, or business shall report to the department or institution that made the decision after rectification. Only after passing the inspection can construction, use, production, and operation be resumed.

    If the party fails to implement the decision to suspend production, business, use or construction, it shall be enforced by the department or institution that made the decision.

    If the production and business suspension is ordered to have a greater impact on economic and social life, the competent housing and urban-rural construction department or emergency management department shall report to the people's government at the corresponding level for decision.

    Article 71 Staff members of the competent departments of housing and urban-rural construction and fire rescue agencies abuse their powers, neglect their duties, and engage in malpractices for personal gains. If one of the following acts does not constitute a crime, they shall be punished according to law:

    (1) Those who fail to meet the fire safety requirements for fire protection design documents, construction projects, and sites are allowed to pass the examination, pass the fire acceptance, and pass the fire safety inspection;

    (2) delaying the fire design review, fire acceptance, and fire safety inspection for no reason, and failing to perform its duties within the legal time limit;

    (3) failing to notify relevant units or individuals for rectification in time when a fire hazard is discovered;

    (4) using the position to designate the brand, sales unit, or fire protection technical service organization, or fire protection facility construction unit of the user, the construction unit or the disguised fire protection product;

    (5) using fire trucks, fire boats, and fire-fighting equipment, equipment and facilities for matters not related to fire protection and emergency rescue;

    (6) Other acts of abusing powers, neglecting duties, and engaging in malpractices for personal gain.

Product quality supervision, administration of industry and commerce, and other relevant administrative departments ’staff who abuse their powers, neglect their duties, or engage in malpractices for personal gain in fire protection work, shall not be punished in accordance with law, and shall be punished in accordance with law.

    Article 72 Anyone who violates the provisions of this law and constitutes a crime shall be investigated for criminal responsibility in accordance with the law.

Chapter VII attached   then

    Article 73 The meaning of the following terms in this law:

    (1) Fire protection facilities refer to automatic fire alarm systems, automatic fire extinguishing systems, hydrant systems, smoke prevention and exhaust systems, and emergency broadcasting and emergency lighting and safety evacuation facilities.

    (2) Fire protection products refer to products specially used for fire prevention, fire rescue and fire protection, evacuation and escape.

    (3) Public gathering places refer to hotels, restaurants, shopping malls, bazaars, passenger terminal waiting rooms, passenger terminal waiting rooms, civil airport terminals, stadiums, halls, and public entertainment venues.

    (4) Personnel-intensive places refer to public gathering places, hospital outpatient buildings, ward buildings, school teaching buildings, libraries, canteens and collective dormitories, nursing homes, welfare homes, nurseries, kindergartens, reading rooms of public libraries, Public exhibition halls, exhibition halls of museums, production and processing workshops of labor-intensive enterprises and collective dormitories for employees, places for tourism and religious activities, etc.

    Article 74 This Law shall enter into force on May 1, 2009.


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