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Measures for the Implementation of the Fire Protection Law of the People's Republic of China in Guangdong Province (revised in 2021)


2021-08-30


The 28th meeting of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China adopted a decision on amending the Fire Protection Law of the People's Republic of China on April 29, 2021.

Chapter 1 General Provisions

Article 1 This Law is enacted for the purpose of preventing fires and reducing fire hazards, strengthening emergency rescue work, protecting personal and property safety, and maintaining public safety.

Article 2 The fire protection work implements the guideline of putting prevention first and combining prevention and fire prevention. In accordance with the principles of unified leadership by the government, supervision by departments according to law, overall responsibility of units, and active participation of citizens, a responsibility system for fire safety is implemented, and a sound socialized fire protection work network is established.

Article 3 The State Council shall lead the fire protection work throughout the country. The local people's governments at various levels are responsible for the fire protection work within their respective administrative regions.

The people's governments at all levels shall incorporate fire protection work into the national economic and social development plans to ensure that fire protection work is compatible with economic and social development.

Article 4 The emergency management department of the State Council shall supervise and manage the fire protection work throughout the country. The emergency management department of the local people's government at or above the county level shall supervise and manage the fire protection work within its administrative area, and the fire rescue agency of the people's government at the same level shall be responsible for the implementation. The fire-fighting work of military facilities shall be supervised and managed by the competent unit, with the assistance of fire-fighting and rescue agencies; the fire-fighting work of underground parts of mines, nuclear power plants, and offshore oil and gas facilities shall be supervised and managed by the competent unit.

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

Where there are other provisions in laws and administrative regulations on fire protection work in forests and grasslands, such provisions shall prevail.

Article 5 All units and individuals have 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 The people's governments at all levels shall organize and carry out regular fire protection publicity and education to improve citizens' awareness of fire safety.

Organs, organizations, enterprises, public institutions and other units shall strengthen fire protection publicity and education for their personnel.

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

Education, human resources administrative departments, schools, and relevant vocational training institutions should incorporate fire protection knowledge into the content of education, teaching, and training.

Relevant units such as news, radio, and television should carry out fire protection publicity and education for the society in a targeted manner.

Trade unions, communist youth leagues, women's federations and other groups should organize and carry out fire protection publicity and education based on the characteristics of their work targets.

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

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

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

Chapter II Fire Prevention

Article 8 The local people's governments at all levels shall include the fire protection planning including the fire safety layout, fire stations, fire water supply, fire communication, fire truck access, fire fighting equipment, etc. into the urban and rural planning, and be responsible for organizing the 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 protection equipment are insufficient or do not meet the actual needs, they shall be added, rebuilt, configured or technically transformed.

Article 9 The fire protection design and construction of construction projects must comply with the national engineering construction fire protection technical standards. Construction, design, construction, project 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 the national engineering construction fire protection technical standards, the fire protection design review and acceptance system for construction projects shall be implemented.

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

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

Article 12 If a special construction project has not been reviewed for fire protection design or fails to pass the review, the construction unit or construction unit shall not construct it; for other construction projects, if the construction unit fails to provide fire protection design drawings and technical materials that meet the construction needs, the relevant departments shall not issue Construction permit or approval to commence work report.

Article 13 Upon the completion of a construction project stipulated by the competent department of housing and urban-rural development of the State Council that application for fire protection acceptance shall be completed, the construction unit shall apply to the competent department of housing and urban-rural development for fire protection acceptance.

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

Construction projects that are subject to fire inspection and acceptance according to law are prohibited from being put into use if they have not been inspected or fail to pass the fire inspection; other construction projects that fail to pass random inspections according to law shall be suspended from use.

Article 14 The specific measures for fire protection design review, fire protection inspection, filing and random inspection of construction projects shall be formulated by the housing and urban-rural development department of the State Council.

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

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 the fire technical standards and management regulations. Those that have not been inspected for fire safety or do not meet the fire safety requirements after inspection shall not be put into use or business.

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

(1) Implement the fire safety responsibility system, formulate the unit's fire safety system, fire safety operating procedures, and formulate fire fighting and emergency evacuation plans;

(2) Configure fire-fighting facilities and equipment in accordance with national standards and industry standards, set up fire safety signs, and regularly organize inspections and maintenance to ensure that they are in good condition and effective;

(3) Carry out a comprehensive inspection of the fire protection facilities of the building at least once a year to ensure that they are intact and effective, and the inspection records should be complete and accurate, and archived for future reference;

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

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

(6) Organize targeted fire drills;

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

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

Article 17 The fire rescue agencies of local people's governments at or above the county level shall identify units that are more likely to cause fires and that may cause major personal casualties or property losses as key fire safety units within their administrative regions, and shall The emergency management department shall report to the people's government at the same level for record.

In addition to performing the duties stipulated in Article 16 of this Law, key fire safety units shall also perform the following fire safety duties:

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

(2) Establish fire protection archives, determine the key parts of fire safety, set up fire protection signs, and implement strict management;

(3) Carrying out daily fire prevention inspections and establishing inspection records;

(4) Conduct pre-job fire safety training for 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 all parties shall be clarified, and the responsible person shall be determined to conduct 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 shared fire-fighting facilities within the management area, and provide fire-fighting safety prevention services.

Article 19 The production, storage and operation of inflammable and explosive dangerous goods shall not be set up in the same building as the residential place, and shall keep a safe distance from the residential place.

If the places for production, storage, and operation of other goods are set up in the same building as the living places, they shall comply with the national engineering construction fire protection technical standards.

Article 20 To hold large-scale mass activities, the undertaker shall apply to the public security organs for a safety permit in accordance with the law, formulate a fire-fighting and emergency evacuation plan and organize drills, clarify the division of fire safety responsibilities, determine fire safety management personnel, and maintain fire-fighting facilities and fire-fighting equipment. Complete, sound and effective, to ensure that evacuation passages, safety exits, evacuation signs, emergency lighting and fire truck passages comply with fire technical standards and management regulations.

Article 21 It is forbidden to smoke or use open flames in places with fire and explosion hazards. If it is necessary to use open flames for special circumstances such as construction, approval procedures should be completed in advance according to regulations, and corresponding fire safety measures should be taken; operators should abide by fire safety regulations.

Personnel who carry out fire-risk operations such as electric welding and gas welding, and operators of automatic fire-fighting systems must hold certificates and abide by fire-fighting safety operating procedures.

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

The factories, warehouses, special stations and wharves for the production, storage, loading and unloading of inflammable and explosive dangerous goods, the filling stations, supply stations and pressure regulating stations for inflammable and explosive gases and liquids that have been set up no longer comply with the provisions of the preceding paragraph. , the local people's government should organize and coordinate relevant departments and units to solve the problem within a time limit and eliminate potential safety hazards.

Article 23 Production, storage, transportation, sale, use, and destruction of flammable and explosive dangerous goods must comply with 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 followed. It is prohibited to illegally carry inflammable and explosive dangerous goods into public places or take public transportation.

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

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

Fire protection products subject to mandatory product certification according to law can only be produced, sold and used after being certified by a legally qualified certification body in accordance with the mandatory requirements of national standards and industry standards. 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 produced, sold and used only after technical appraisal meets the fire safety requirements in accordance with the measures stipulated by the product quality supervision department of the State Council in conjunction with the emergency management department of the State Council.

The emergency management department of the State Council shall announce the fire protection products that have passed the mandatory product certification or technical appraisal in accordance with this article.

Article 25 Product quality supervision departments, industry and commerce administration departments, and fire rescue agencies shall strengthen supervision and inspection of the quality of fire protection products in accordance with their respective responsibilities.

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

Indoor decoration and decoration of densely populated places shall use non-combustible and flammable materials in accordance with the requirements of fire protection technical standards.

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

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

Article 28 Any unit or individual shall not damage, misappropriate, dismantle or disable fire-fighting facilities and equipment without authorization, shall not bury, occupy, block fire hydrants or occupy fire prevention distances, and shall not occupy, block, or close evacuation passages, safety exits, Fire truck access. Doors and windows in crowded places shall not be equipped with obstacles that affect escape and fire fighting and rescue.

Article 29 The unit responsible for the maintenance and management of public fire-fighting facilities shall keep public fire-fighting facilities such as fire-fighting water supply, fire-fighting communications, and fire-fighting vehicle passages intact and effective. If the construction of roads, power outages, water outages, and communication line cutoffs may affect the fire brigade's fire fighting and rescue, the relevant units must notify the local fire rescue agencies 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 supervise the implementation of a fire safety responsibility system.

Article 31 During agricultural harvest seasons, 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, take fire prevention measures, and conduct fire safety inspections.

Article 32 Township people's governments and urban sub-district offices shall guide, support and assist villagers' committees and residents' committees to carry out mass fire protection work. Villagers' committees and residents' committees shall appoint fire safety managers, organize the formulation of 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 purchase fire public liability insurance; insurance companies are encouraged to underwrite fire public liability insurance.

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

Chapter III Fire Organization

Article 35 People's governments at all levels shall strengthen the construction of fire protection organizations, establish various forms of fire protection organizations according to the needs of economic and social development, strengthen the training of fire protection technical personnel, and enhance the capabilities of fire prevention, fire fighting 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 national regulations, and equip them with fire-fighting equipment in accordance with national standards to undertake fire fighting work.

Township people's governments shall, according to the needs of local economic development and fire protection work, establish full-time fire brigades and voluntary fire brigades to undertake fire fighting work.

Article 37 The national comprehensive fire rescue team and the full-time fire brigade shall undertake major disaster accidents and other emergency rescue work focused on saving lives in accordance with national regulations.

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

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

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

(2) Large-scale enterprises that produce and store flammable and explosive dangerous goods;

(3) Large warehouses and bases for storing important combustible materials;

(4) Other large enterprises that are not specified in Items 1, 2, and 3, which have relatively high fire hazards and are far away from the national comprehensive fire rescue team;

(5) Management units of ancient architectural complexes that are far away from the national comprehensive fire rescue team and are listed as national key cultural relics protection units.

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.

Members of the full-time fire brigade enjoy social insurance and welfare benefits according to law.

Article 41 Government agencies, groups, enterprises, institutions and other units, as well as villagers' committees and residents' committees, shall establish various forms of firefighting organizations such as volunteer firefighting brigades to carry out mass self-defense and self-rescue work.

Article 42 Fire rescue agencies shall provide professional guidance to firefighting organizations such as full-time fire brigades and volunteer fire brigades; according to the needs of fire fighting, they may mobilize and command full-time fire brigades to participate in fire fighting work.

Chapter 4 Fire Fighting and Rescue

Article 43 Local people's governments at or above the county level shall organize relevant departments to formulate emergency plans based on the characteristics of fires within their administrative regions, 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 should call the police immediately. Any unit or individual shall provide convenience for reporting to the police free of charge and shall not obstruct the reporting. It is strictly forbidden to falsely report the fire alarm.

If a fire breaks out in a crowded place, the on-site staff of the place should immediately organize and guide the evacuation of the people present.

If a fire breaks out in any unit, it must immediately organize forces to fight it. Neighboring units should provide support.

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

Article 45 The fire rescue agencies shall organize and direct the on-site fire fighting in a unified manner, and shall give priority to ensuring the safety of the lives of persons in distress.

The commander-in-chief of the fire scene has the right to decide the following matters according to the needs of fire fighting:

(1) Using various water sources;

(2) cutting off the transmission of electricity, combustible gas and combustible liquid, and restricting the use of fire and electricity;

(3) Designate warning areas and implement partial traffic control;

(4) Using adjacent buildings and related facilities;

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

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

According to the urgent needs of fire fighting, the relevant local people's governments shall organize personnel and mobilize necessary materials to support fire fighting.

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

Article 47 When fire trucks and fire boats go to perform fire fighting or emergency rescue tasks, they are not subject to restrictions on driving speed, driving route, driving direction and command signals under the premise of ensuring safety. Other vehicles, ships and pedestrians should give way Toll roads and bridges are exempt from vehicle tolls. Traffic management commanders shall ensure that fire trucks and fire boats pass quickly.

If the firefighters rushing to the scene of a fire or emergency rescue and the firefighting equipment and materials mobilized need to be transported by railway, waterway or air, the relevant units shall give priority to transportation.

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

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

The fuel, fire extinguishing agent, equipment, equipment, etc. lost to the unit's full-time fire brigade and volunteer fire brigade participating in the fire fighting of other units shall be compensated by the people's government of the place where the fire occurred.

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

Article 51 The fire rescue agency has the right to seal off the fire scene as needed, and is responsible for investigating the cause of the fire and calculating the fire losses.

After the fire is extinguished, the unit where the fire broke out and relevant personnel shall protect the scene according to the requirements of the fire rescue agency, accept accident investigation, and truthfully provide information related to the fire.

The fire rescue agency shall, according to the fire site inspection and investigation and relevant inspection and appraisal opinions, make a fire accident certificate in a timely manner as evidence for handling the fire accident.

Chapter V Supervision and Inspection

Article 52 The local people's governments at all levels shall implement the responsibility system for fire protection work, and conduct supervision and inspection on the performance of fire safety duties by the relevant departments of the people's government at the same level.

The relevant departments of the local people's government at or above the county level shall carry out fire safety inspections in a targeted manner according to the characteristics of the system, and promptly supervise the rectification of fire hazards.

Article 53 Fire rescue agencies shall supervise and inspect the compliance of government agencies, organizations, enterprises, institutions and other units with fire protection laws and regulations. Public security police stations may be responsible for daily fire control supervision and inspection, and carry out fire protection publicity and education. The specific measures shall be stipulated by the public security department of the State Council.

Staff members of fire rescue agencies and public security police stations shall produce their certificates when conducting fire supervision and inspection.

Article 54 If the fire rescue agency discovers a hidden fire hazard during the fire supervision and inspection, it shall notify the relevant units or individuals to immediately take measures to eliminate the hidden danger; Or the place adopts temporary sealing measures.

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

The people's government that receives the report shall verify the situation in a timely manner, and organize or order the relevant departments and units to take measures to make rectification.

Article 56 The competent housing and urban-rural development departments, fire rescue agencies and their staff shall conduct fire protection design review, fire protection acceptance, filing spot checks and fire safety inspections in accordance with statutory powers and procedures, so as to be fair, strict, civilized and efficient .

The competent housing and urban-rural development departments, fire rescue agencies and their staff shall not charge fees for fire protection design review, fire protection inspection and acceptance, filing spot checks, and fire safety inspections, and shall not use their positions to seek benefits; they may not use their positions to designate or In a disguised form, designate the brand, sales unit or fire technical service organization of fire protection products, and the construction unit of fire protection facilities.

Article 57 Housing and urban-rural development authorities, fire rescue agencies and their staff shall consciously accept the supervision of the society and citizens when performing their duties.

Any unit or individual has the right to report and accuse the housing and urban-rural development authorities, fire rescue agencies and their staff of illegal acts in law enforcement. The organ that receives the report or accusation shall investigate and deal with it in a timely manner according to its duties.

Chapter VI Legal Responsibilities

Article 58 Anyone who violates the provisions of this law and commits any of the following acts shall be ordered by the competent housing and urban-rural development department and the fire rescue agency to stop construction, use, or production and business in accordance with their respective powers, and be fined not less than 30,000 yuan but not less than 300,000 yuan. A fine of up to RMB:

(1) A construction project that should be subject to fire protection design review according to law is constructed without legal review or fails to pass the review;

(2) A construction project that should undergo fire protection inspection and acceptance according to law is put into use without fire protection inspection or failing to pass the fire protection inspection;

(3) Other construction projects stipulated in Article 13 of this law fail to pass the random inspection according to law after acceptance, and do not stop using them;

(4) The public gathering place is put into use or business without fire safety inspection or does not meet the fire safety requirements after inspection.

If the construction unit fails to report to the competent department of housing and urban-rural development for record after inspection and acceptance in accordance with the provisions of this law, the competent department of housing and urban-rural development shall order it to make corrections and impose a fine of not more than 5,000 yuan.

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

(1) The construction unit requires the architectural design unit or construction enterprise to lower the fire protection technical standards for design and construction;

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

(3) The building construction enterprise does not construct according to the 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 practice fraud and reduce the quality of fire protection construction.

Article 60 Where a unit violates the provisions of this Law by committing any of the following acts, it shall be ordered to make corrections and be fined not less than 5,000 yuan but not more than 50,000 yuan:

(1) The configuration and installation of fire-fighting facilities, equipment, or fire-fighting safety signs do not conform to national standards or industry standards, or are not kept in good condition and effective;

(2) Damage, misappropriation, or unauthorized dismantling or deactivation of fire-fighting facilities and equipment;

(3) Occupying, blocking, or closing evacuation passages, safety exits, or other behaviors that impede safe evacuation;

(4) Burying, enclosing, covering fire hydrants or occupying the fire separation distance;

(5) Occupying, blocking, or closing fire truck passages, obstructing the passage of fire trucks;

(6) Obstacles are set up on doors and windows in densely populated places that affect escape and fire fighting and rescue;

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

Individuals who commit any of the acts in Items 2, 3, 4, and 5 of the preceding paragraph shall be given a warning or a fine of not more than 500 yuan.

Those who commit the acts in Items 3, 4, 5, and 6 of the first paragraph of this article, who refuse to make corrections after being ordered to correct, shall be enforced, and the costs required shall be borne by the offender.

Article 61 Where the production, storage, and operation of inflammable and explosive dangerous goods are located in the same building as the residence, or if a safe distance is not kept from the residence, they shall be ordered to suspend production and business and be fined not less than 5,000 yuan but not less than 50,000 yuan. A fine of less than RMB 10,000.

Where the production, storage, and operation of other items are set up in the same building as the living place, and if they do not meet the fire protection technical standards, they shall be punished in accordance with the provisions of the preceding paragraph.

Article 62 Whoever commits any of the following acts shall be punished in accordance with the provisions of the "Public Security Administration Punishment Law of the People's Republic of China":

(1) Production, storage, transportation, sale, use, and destruction of 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 fire boats to perform their tasks;

(5) obstructing the staff of the fire rescue agency from performing their duties according to law.

Article 63 Whoever violates the provisions of this law by committing any of the following acts shall be given a warning or a fine of not more than 500 yuan; if the circumstances are serious, he shall be detained for not more than five days:

(1) Violating fire safety regulations and entering places where flammable and explosive dangerous goods are produced or stored;

(2) Using naked flames in violation of regulations or smoking or using naked flames in places with fire or explosion hazards.

Article 64 Whoever, in violation of the provisions of this Law, commits any of the following acts, which does not constitute a crime, shall be detained for not less than ten days but not more than fifteen days, and may also be fined not more than five hundred yuan; if the circumstances are relatively minor, he shall be given a warning or five A fine of less than 100 yuan:

(1) Instructing or forcing others to violate fire safety regulations and operate at risk;

(2) negligently causing a fire;

(3) Obstructing the alarm after the fire broke out, or the person responsible for reporting fails to report to the police in time;

(4) Disturbing the order of the fire scene, or refusing to follow the instructions of the fire scene commander, affecting fire fighting and rescue;

(5) Deliberately destroying or forging the fire scene;

(6) Unpacking or using places and parts sealed up by fire rescue agencies without authorization.

Article 65 Anyone who, in violation of the provisions of this Law, produces or sells unqualified fire protection products or fire protection products that are eliminated by the state shall be severely punished by the product quality supervision department or the industrial and commercial administration department in accordance with the "Product Quality Law of the People's Republic of China" .

Whoever uses unqualified fire-fighting products or fire-fighting products that have been eliminated by the state in densely populated places shall be ordered to make corrections within a time limit; if he fails to make corrections within the time limit, he shall be fined not less than 5,000 yuan but not more than 50,000 yuan, and the person in charge who is directly responsible for it and other directly responsible persons shall be fined. Personnel shall be fined not less than 500 yuan but not more than 2,000 yuan; if the circumstances are serious, they shall be ordered to suspend production and business operations.

For the circumstances specified in the second paragraph of this article, in addition to punishing the users according to law, the fire rescue agency shall notify the product quality supervision department and the industry and commerce administration department of the discovery of unqualified fire protection products and fire protection products that have been eliminated by the state. The product quality supervision department and the industrial and commercial administration department shall investigate and deal with the producers and sellers in a timely manner according to law.

Article 66 If the installation and use of electrical appliances and gas appliances, as well as the design, laying, maintenance, and testing of their lines and pipelines do not comply with fire protection technical standards and management regulations, they shall be ordered to make corrections within a time limit; those who fail to make corrections within the time limit shall be ordered to stop If used, a fine of not less than 1,000 yuan but not more than 5,000 yuan may be imposed.

Article 67 Institutions, organizations, enterprises, institutions and other units that violate the provisions of Articles 16, 17, 18, and Paragraph 2 of Article 21 of this Law shall be ordered to make corrections within a specified time limit; failure to make corrections within the time limit For those who are directly responsible, the person in charge who is directly responsible and other persons who are directly responsible shall be punished according to law or given a warning punishment.

Article 68 Where a fire breaks out in a densely populated place, and the on-site staff of the place fail to fulfill their obligation to organize and guide the evacuation of the people present, if the circumstances are serious and do not constitute a crime, they shall be detained for not less than five days but not more than ten days.

Article 69 If a fire protection technical service organization such as fire protection product quality certification, fire protection facility testing, etc. issues false documents, it shall be ordered to make corrections, a fine of not less than 50,000 yuan but not more than 100,000 yuan shall be imposed, and the directly responsible person in charge and other directly responsible persons shall be fined. A fine of not less than 10,000 yuan but not more than 50,000 yuan; if there is any illegal income, the illegal income shall be confiscated; if it causes losses to others, it shall be liable for compensation according to law; if the circumstances are serious, the original licensing authority shall order to stop practicing or revoke the corresponding qualifications and qualifications according to law .

Institutions specified in the preceding paragraph that issue false documents and cause losses to others shall be liable for compensation in accordance with the law; where heavy losses are caused, the original licensing authority shall order the cessation of practice or revoke the corresponding qualifications and qualifications in accordance with the law.

Article 70 The administrative penalties stipulated in this Law shall be decided by the public security organs in accordance with the relevant provisions of the "Public Security Administration Punishment Law of the People's Republic of China", and shall be decided by housing and urban-rural development departments and fire rescue agencies in accordance with their respective functions and powers.

Those who are ordered to stop construction, use, production, or business operations shall report to the department or institution that made the decision after rectification, and may resume construction, use, production, and business operations only after passing the inspection.

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

Orders to suspend production and business operations, which have a relatively large impact on economic and social life, shall be reported to the people's government at the corresponding level by the housing and urban-rural development department or the emergency management department for a decision in accordance with the law.

Article 71 Staff members of housing and urban-rural development departments and fire rescue agencies who abuse their powers, neglect their duties, engage in malpractices for personal gain, and commit any of the following acts, which do not constitute a crime, shall be punished according to law:

(1) The fire protection design documents, construction projects, and sites that do not meet the fire safety requirements have passed the examination, fire acceptance and fire safety inspection;

(2) Unreasonably delaying fire protection design review, fire protection acceptance, and fire safety inspection, and failing to perform duties within the statutory time limit;

(3) Failing to promptly notify the relevant units or individuals to make rectifications upon discovery of fire hazards;

(4) Using his position to designate or designate in a disguised form the brand, sales unit or fire protection technical service organization or construction unit of fire protection products for users and construction units;

(5) Using fire trucks, fire boats, and fire-fighting equipment, equipment and facilities for matters unrelated to fire-fighting and emergency rescue;

(6) Other acts of abuse of power, dereliction of duty, favoritism and malpractice.

Staff members of product quality supervision, industry and commerce administration and other relevant administrative departments who abuse their powers, neglect their duties, engage in malpractice for personal gain in fire protection work, and do not constitute a crime, shall be punished according to law.

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

Chapter VII Supplementary Provisions

Article 73 The meanings of the following terms used in this law:

(1) Fire-fighting facilities refer to automatic fire alarm systems, automatic fire extinguishing systems, fire hydrant systems, smoke prevention and exhaust systems, emergency broadcasting and emergency lighting, and safe evacuation facilities, etc.

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

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

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