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Regulations on Fire Supervision and Management of Construction Projects (2009 Revision)


2012-11-22


Chapter I General Provisions

Article 1 These regulations are formulated in accordance with the Fire Protection Law of the People's Republic of China and the Construction Project Quality Management Regulations in order to strengthen the fire protection supervision and management of construction projects, implement the fire protection design, construction quality and safety responsibilities of construction projects, and standardize the fire protection supervision and management behavior.

Article 2 These regulations apply to the fire supervision and management of construction projects such as new construction, expansion and reconstruction (including interior decoration and change of use).

These regulations do not apply to residential interior decoration, villagers' self-built houses, disaster relief and other temporary building construction activities.

Article 3 Construction, design, construction, project supervision and other units shall abide by fire protection regulations and national fire protection technical standards, and be responsible for fire protection design, construction quality and safety of construction projects.

The fire protection department of the public security organ shall carry out the fire protection design review, fire protection acceptance and filing, and spot checks of construction projects in accordance with the law.
Article 4 In addition to the fire protection agencies of the public security organs of the people's governments of provinces and autonomous regions, the fire protection agencies of the public security organs of the local people's governments at or above the county level are responsible for the fire protection design review, fire protection acceptance and filing spot checks of construction projects within their jurisdictions. The specific division of labor shall be determined by the fire department of the provincial public security organ, and shall be reported to the Fire Department of the Ministry of Public Security for record.

    The fire protection design review, fire protection inspection and filing and random inspection of construction projects across administrative regions shall be designated and governed by the fire protection department of the public security organ at the next higher level.

Article 5 The fire protection department of the public security organ shall follow the principles of impartiality, strictness, civility and efficiency in implementing the supervision and management of fire protection in construction projects.

Article 6 The fire protection design and construction of construction projects must comply with the national engineering construction fire protection technical standards.

Before the implementation of the newly promulgated national engineering construction fire protection technical standards, if the fire protection design of the construction project has passed the review or filing of the fire protection agency of the public security organ, it shall be implemented according to the original review opinion or the standard at the time of filing respectively.
Article 7 The fire department of the public security organ shall carry out the fire protection design review, fire protection inspection and filing spot check of construction projects by more than two law enforcement personnel.

Chapter II Quality Responsibility for Fire Protection Design and Construction

Article 8 The construction unit shall not require the design, construction, project supervision and other relevant units and personnel to violate fire protection regulations and national engineering construction fire protection technical standards, reduce the quality of fire protection design and construction of construction projects, and undertake the following quality responsibilities for fire protection design and construction:

(1) Applying for fire protection design review and fire protection acceptance of construction projects according to law, going through the filing procedures for fire protection design and completion acceptance according to law and accepting spot checks; public gathering places set up in construction projects have not been inspected for fire safety or do not meet fire safety requirements after inspection, Not to be put into use or business;

(2) For construction projects subject to engineering supervision, supervision shall also be entrusted with the quality of fire protection construction;

(3) Selection of fire protection design and construction units with the qualification level stipulated by the state;

(4) Selection of qualified fire protection products and building components, building materials and interior decoration materials that meet the fire performance requirements;

(5) Construction projects that are subject to fire protection design review and fire protection inspection and acceptance according to law shall not be organized for construction if they have not been reviewed or fail to pass the review;

Article 9 The design unit shall undertake the following quality responsibilities for fire protection design:

(1) Carry out fire protection design in accordance with fire protection regulations and national engineering construction fire protection technical standards, prepare fire protection design documents that meet the requirements, and design shall not violate the mandatory requirements of national engineering construction fire protection technical standards;

(2) For the fire protection products selected in the design and the building components, building materials, and interior decoration materials with fire performance requirements, specifications, performance and other technical indicators shall be indicated, and the quality requirements must comply with national standards or industry standards;

(3) Participate in the completion acceptance of the construction project organized by the construction unit, and sign and confirm the implementation of the fire protection design of the construction project.

Article 10 The construction unit shall undertake the following quality and safety responsibilities for fire protection construction:

(1) Organize construction in accordance with the national engineering construction fire protection technical standards and the fire protection design documents that have passed the fire protection design review or have been filed, and shall not change the fire protection design without authorization for construction to reduce the quality of fire protection construction;

(2) Check the quality of fire protection products and building components with fire performance requirements, building materials and interior decoration materials, use qualified products, and ensure the quality of fire protection construction;

(3) Establish a fire safety responsibility system at the construction site and determine the person in charge of fire safety. Strengthen fire protection education and training for construction personnel, and implement fire management systems and operating procedures for hot fire, electricity consumption, and flammable and combustible materials. Ensure that the fire exits, fire water sources, fire facilities and equipment, fire safety signs, etc. are in good condition and effective before the construction in progress is completed and accepted.

Article 11 The project supervision unit shall undertake the following quality supervision responsibilities for fire protection construction:

(1) Carry out project supervision in accordance with the national engineering construction fire protection technical standards and the fire protection design documents that have passed the fire protection design review or been filed;

(2) Before the construction and installation of fire-fighting products and building components, building materials, and interior decoration materials with fire-proof performance requirements, check the product quality certification documents, and shall not agree to use or install unqualified fire-fighting products and those whose fire-proof performance does not meet the requirements Building components, building materials, interior decoration materials;

(3) Participate in the completion inspection and acceptance of the construction project organized by the construction unit, and sign and confirm the quality of the fire protection construction of the construction project.

Article 12 Institutions and personnel that provide fire protection technical services such as drawing review, safety assessment, and testing for fire protection design and completion acceptance of construction projects shall obtain corresponding qualifications and qualifications in accordance with laws, administrative regulations, national standards, industry standards and Practice standards provide fire protection technical services, and are responsible for the review, evaluation, inspection, and testing opinions issued.

Chapter III Fire Protection Design Review and Fire Protection Acceptance

Article 13 For a densely populated place under any of the following circumstances, the construction unit shall apply to the fire protection agency of the public security organ for fire protection design review, and after the completion of the construction project, apply for fire protection acceptance to the fire protection agency of the public security organ that issued the fire protection design review opinion:

(1) Stadiums, auditoriums, public exhibition halls, and exhibition halls of museums with a total construction area greater than 20,000 square meters;

(2) Civil airport terminal buildings, passenger station waiting rooms, and passenger terminal waiting halls with a total construction area greater than 15,000 square meters;

(3) Hotels, restaurants, shopping malls, and markets with a total construction area greater than 10,000 square meters;

(4) Movie theaters with a total construction area greater than 2,500 square meters, reading rooms of public libraries, commercial indoor fitness and leisure venues, outpatient buildings of hospitals, teaching buildings, libraries, canteens of universities, and labor-intensive enterprises production and processing workshops, temples, churches;

(5) Indoor children's activity places such as nurseries and kindergartens with a total construction area of ​​more than 1,000 square meters, children's playgrounds, nursing homes, welfare homes, ward buildings of hospitals and sanatoriums, teaching buildings, libraries, and Canteens, collective dormitories of schools, collective dormitories of employees of labor-intensive enterprises;

(6) Song and dance halls, video halls, projection halls, karaoke halls, nightclubs, entertainment halls, saunas, Internet cafes, bars with a total construction area of ​​more than 500 square meters, restaurants, teahouses, and coffee shops with entertainment functions.

Article 14 For a special construction project under any of the following circumstances, the construction unit shall apply to the fire department of the public security organ for fire protection design review, and after the construction project is completed, apply to the fire department of the public security organ that issued the fire protection design review opinion for fire protection acceptance:

(1) Construction projects with densely populated places listed in Article 13 of these regulations;

(2) Office buildings of state organs, electric power dispatching buildings, telecommunications buildings, postal buildings, disaster prevention command and dispatching buildings, radio and television buildings, and archives buildings;

(3) Other public buildings with a single building area greater than 40,000 square meters or a building height exceeding 50 meters other than those specified in Items 1 and 2 of this Article;

(4) Urban rail transit, tunnel engineering, large-scale power generation, transformation and distribution projects;

(5) Factories, warehouses, special stations and docks for the production, storage, loading and unloading of inflammable and explosive dangerous goods, filling stations, supply stations and pressure regulating stations for inflammable and explosive gases and liquids.

Article 15 The construction unit shall provide the following materials when applying for fire protection design review:

(1) Application form for fire protection design review of construction projects;

(2) Legal identification documents such as the industrial and commercial business license of the construction unit;

(3) The construction project planning permit certification documents for new construction and expansion projects;

(4) Qualification certification documents of the design unit;

(5) Fire protection design documents.

Article 16 Under any of the following circumstances, the construction unit shall, in addition to providing the materials listed in Article 15 of these Regulations, also provide the technical plan and description of the special fire protection design, or the international standards adopted in the design and the foreign fire protection technical standards. Chinese text, and other technical materials such as application examples and product descriptions related to fire protection design:

(1) There is no provision in the national engineering construction fire protection technical standards;

(2) The new technologies, new processes and new materials to be adopted in the fire protection design documents may affect the fire safety of construction projects and do not meet the national standards;

(3) Those who intend to adopt international standards or overseas fire protection technical standards.

Article 17 The fire department of the public security organ shall issue a written review opinion within 20 days from the date of accepting the application for fire protection design review. However, if it is necessary to organize expert review according to these regulations, the expert review time will not be counted in the review time.

Article 18 The fire protection department of the public security organ shall review the declared fire protection design documents in accordance with the fire protection regulations and the mandatory requirements of the national engineering construction fire protection technical standards. For those that meet the following conditions, the fire department of the public security organ shall issue a qualified opinion on the fire protection design review; for those that do not meet the conditions, they shall issue a disqualified opinion on the fire protection design review and explain the reasons:

(1) The construction project planning permit has been obtained for the new construction or expansion project;

(2) The design unit has the corresponding qualifications;

(3) The compilation of fire protection design documents complies with the declaration requirements for fire protection design documents stipulated by the Ministry of Public Security;

(4) The general layout and layout of the building, fire resistance rating, building structure, safe evacuation, fire water supply, fire power supply and distribution, fire protection facilities, etc. are designed to meet the mandatory requirements of the national engineering construction fire protection technical standards;

(5) The selected fire-fighting products and building materials with fire-proof performance requirements meet the national engineering construction fire-fighting technical standards and relevant management regulations.

Article 19 For a construction project that falls under any of the circumstances specified in Article 16 of these regulations, the fire department of the public security organ shall submit the application materials to experts organized by the fire department of the public security organ of the provincial people's government within five days of accepting the application for fire protection design review. review.

The fire department of the public security organ of the provincial people's government shall, within 30 days of receiving the application materials, hold an expert review meeting with the housing and urban-rural construction administrative department at the same level to review the fire protection technical plan submitted by the construction unit. Experts participating in the review shall have relevant professional senior technical titles, the total number shall not be less than seven, and expert review opinions shall be issued. If the review experts have different opinions, it shall be indicated.

The fire department of the public security organ of the people's government at the provincial level shall, within five days after the expert review meeting, notify the fire department of the public security organ that submitted the application materials in writing of the expert review opinion, and at the same time report it to the Fire Department of the Ministry of Public Security for record.

For fire protection technical schemes agreed by more than two-thirds of the evaluation experts, the fire department of the public security organ that accepts the application for fire protection design review shall issue a qualified opinion on fire protection design review.

Article 20 The construction, design, and construction units shall not modify without authorization the fire protection design of construction projects that have passed the examination and approval of the fire protection department of the public security organ. If modification is really necessary, the construction unit shall re-apply for fire protection design review to the fire department of the public security organ that issued the fire protection design review opinion.

Article 21 The construction unit shall provide the following materials when applying for fire inspection and acceptance:

(1) Declaration form for fire inspection and acceptance of construction projects;

(2) The project completion acceptance report;

(3) Quality certification documents for fire protection products;

(4) Documents proving that building components, building materials, and interior decoration materials comply with national standards or industry standards, and factory certificates with fire performance requirements;

(5) Certification documents for fire protection facilities and electrical fire protection technology testing;

(6) The legal identity certificate and qualification level certificate of the construction, engineering supervision and testing unit;

(7) Other materials required by law.

Article 22 The fire department of the public security organ shall organize the fire inspection and acceptance within 20 days from the date of accepting the application for fire inspection and acceptance, and issue an opinion on fire inspection and acceptance.

Article 23 The fire department of the public security organ shall organize the fire protection inspection and acceptance of the content that has passed the fire protection design review in accordance with the fire protection inspection and acceptance evaluation standards of construction projects for the construction projects that have applied for fire protection inspection.

For construction projects whose comprehensive assessment conclusions are qualified, the fire department of the public security organ shall issue a qualified opinion on fire protection acceptance; if the comprehensive assessment conclusion is unqualified, it shall issue an opinion on unqualified fire acceptance inspection and explain the reasons.

Article 24 For high-rise buildings and underground projects that have passed the fire protection design review, as well as construction projects using new technologies, new processes, and new materials, the fire protection agencies of the public security organs shall focus on supervision and inspection, and urge the construction units to implement fire safety and quality responsibility.

Chapter IV Fire Protection Design and Completion Acceptance Filing and Spot Check

Article 25 For construction projects other than those specified in Articles 13 and 14 of these regulations, the construction unit shall, within seven days from the date of obtaining the construction permit and passing the completion acceptance of the project, through the fire protection The design and completion acceptance filing acceptance system conducts fire protection design and completion acceptance filing, or submits a paper filing form to be entered into the fire protection design and completion acceptance filing acceptance system by the fire department of the public security organ.

Article 26 After receiving the fire protection design and completion acceptance filing, the fire department of the public security organ shall issue a record certificate, and randomly determine the random inspection objects through the random inspection procedure preset in the fire protection design and completion acceptance filing acceptance system; The construction unit shall provide the materials stipulated in Article 15 or Article 21 of these regulations to the fire protection department of the public security organ within five days from the date of receipt of the record certificate.

The fire protection department of the public security organ shall, within 30 days from the date of receiving the fire protection design and completion acceptance filing materials, complete the drawing inspection in accordance with the fire protection regulations and the mandatory requirements of the national engineering construction fire protection technical standards, or complete the project inspection in accordance with the construction project fire protection acceptance evaluation standards , making inspection records. The inspection results shall be announced in the fire protection design and completion acceptance record acceptance system.

Article 27 If the fire protection department of the public security organ finds that the fire protection design is unqualified, it shall notify the construction unit in writing to make corrections within five days; if the construction has already started, it shall be ordered to stop the construction at the same time.

After receiving the notice, the construction unit shall stop the construction, organize the modification of the fire protection design and send it to the fire protection department of the public security organ for review. After re-examination, if the fire-fighting design complies with the mandatory requirements of the national engineering construction fire-fighting technical standards, the fire-fighting department of the public security organ shall issue a written re-examination opinion and inform the construction unit to resume construction.

Article 28 When the fire protection department of the public security organ conducts spot checks for completion acceptance, if it finds that it violates the fire protection regulations and the mandatory requirements of the national engineering construction fire protection technical standards or reduces the quality of fire protection construction, it shall notify the construction unit in writing to make corrections within five days.

After receiving the notice, the construction unit should stop using it, organize rectification and apply to the fire department of the public security organ for review. If the re-examination meets the requirements, the fire department of the public security organ shall issue a written re-examination opinion and inform the construction unit to resume use.

Article 29 If the fire protection design and completion acceptance of a construction project are not reported to the fire department of the public security organ for record according to law, the fire department of the public security organ shall punish it according to law and order the construction unit to file within five days and include it in the scope of spot checks; The fire department of the public security organ shall notify the construction unit within five days of the expiration of the filing period and order it to stop construction and use.

Chapter V Law Enforcement Supervision

Article 30 The fire department of the public security organ at the higher level shall supervise, inspect and guide the supervision and management of the fire protection of the construction project of the fire department of the public security organ at the lower level.

Article 31 The fire protection department of the public security organ handles the fire protection design review and fire protection acceptance of construction projects, and implements the system of main responsibility, technical review, separation of inspection and collective review.

The fire department of the public security organ shall be responsible for the quality of fire protection law enforcement in accordance with its duties, and the main responsible person, technical reviewer and administrative examiner who implement the fire protection design review and fire protection acceptance.

Article 32 The fire protection department of the provincial public security organ shall establish a fire protection design and completion acceptance filing acceptance system on the Internet, and uniformly determine the preset procedures for fire protection design and completion acceptance filing in light of the number of construction projects within the jurisdiction and the fire protection design and construction quality and spot check ratios, and conduct regular checks on the implementation of filing and spot checks. The proportion of spot checks for construction projects with densely populated places should not be lower than 50%.

The fire protection agencies and personnel of the public security organs shall carry out spot checks on the fire protection design and completion acceptance of construction projects in accordance with these regulations, and shall not arbitrarily determine the objects of spot checks.

Article 33 If the staff of the fire department of the public security organ who handles fire protection design review, fire inspection and acceptance, and filing and random inspection is a close relative of the applicant or interested person, or has other relationships with the applicant or interested person that may affect the fairness of the process, should be avoided.

Article 34 The fire department of the public security organ shall, upon receipt of reports from citizens, legal persons and other organizations about construction projects violating fire protection laws and regulations and national engineering construction fire protection technical standards, organize personnel to check within three days, and shall promptly inform the informant of the results of the check and handling .

Article 35 When the fire department of the public security organ implements the supervision and management of fire protection in construction projects, it shall not set regional access conditions for fire protection technical service institutions and fire protection products other than those stipulated by laws and regulations.

Article 36 The fire department of the public security organ and its staff shall not designate or designate in a disguised form the fire protection design, construction, project supervision units and fire protection technical service organizations of construction projects. Brands and sales units of fire protection products and building materials shall not be designated. It is not allowed to participate in or interfere with the bidding activities for the construction of fire protection facilities in construction projects, the procurement of fire protection products and building materials.

Article 37 The fire protection department of the public security organ shall not charge any fees for fire protection design review, fire protection acceptance and filing, and spot checks.

Article 38 The basis, scope, conditions, procedures, and time limit for the fire department of the public security organ to implement fire supervision and management of construction projects, as well as the catalog of all materials that need to be submitted and the model text of the application form shall be publicized on the Internet website, acceptance place, and office place .

The results of fire protection design review, fire protection inspection and acceptance, filing and random inspection, except those involving state secrets, commercial secrets and personal privacy, shall be made public, and the public has the right to consult them.

Article 39 If the qualified opinions on fire protection design review and the qualified opinions on fire protection inspection fall under any of the following circumstances, the fire department of the public security organ that issued the approval opinion or its superior fire department of the public security organ may, according to the request of the interested party or according to its authority, legally Revocation of Permission Opinion:

(1) For applicants who do not have the qualifications to apply or do not meet the statutory requirements;

(2) Obtained by the construction unit by fraud, bribery and other improper means;

(3) Made by the fire department of the public security organ beyond its statutory duties and authority;

(4) Made by the fire department of the public security organ in violation of legal procedures;

(5) Made by the staff of the fire department of the public security organ who abused their power or neglected their duties.

Revocation of qualified opinions on fire protection design review and acceptance of fire protection in accordance with the provisions of the preceding paragraph may cause major damage to public interests, and shall not be revoked.

Article 40 Citizens, legal persons and other organizations who are dissatisfied with the specific administrative actions taken in the supervision and management of fire protection in construction projects of fire protection institutions of public security organs may apply to the public security organ of the people's government at the same level for administrative reconsideration.

Chapter VI Legal Responsibilities

Article 41 Anyone who violates this provision shall be subject to Article 58, Article 59, Paragraph 2 of Article 65, Article 66, and Article 69 of the Fire Protection Law of the People's Republic of China. Penalties shall be imposed; if a crime is constituted, criminal responsibility shall be investigated according to law.

Construction, design, construction, project supervision units, fire protection technical service agencies and their employees who violate relevant fire protection laws and regulations and national engineering construction fire protection technical standards, causing harmful consequences, in addition to being given administrative punishment or criminal responsibility according to law, they should also bear the responsibility according to law. Civil liability.

Article 42 If the construction unit provides false materials when applying for fire protection design review and fire protection acceptance, the fire protection department of the public security organ will not accept the application or will not grant permission and give a warning.     

 Article 43 Anyone who violates these regulations and corrects them in a timely manner without causing harmful consequences may be given a lighter, mitigated or exempt punishment.

 Article 44 If a construction project that should be subject to fire protection design review by the fire protection department of the public security organ is put into use without the fire protection design review and fire protection acceptance, it shall be punished separately and combined.

 Article 45 Whoever falls under any of the following circumstances shall be given a heavier punishment according to law:

 (1) Has passed the fire protection design review, changed the fire protection design without authorization, and lowered the fire safety standards;

 (2) The construction project has not been filed in accordance with the law, and does not meet the mandatory requirements of the national engineering construction fire protection technical standards;

 (3) Failing to file within the prescribed time limit after being ordered to file for the record;

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

 Article 46 Under any of the following circumstances, the fire department of the public security organ shall notify the housing and urban-rural construction administrative department at the same level:

 (1) The construction project is ordered to stop construction or use by the fire department of the public security organ;

 (2) The construction project fails to pass the random inspection of fire protection design and completion acceptance;

 (3) Other matters that need to be notified by letter.

 Article 47 Any member of the fire department of the public security organ who neglects his duty, abuses his power, engages in malpractice for personal gain and constitutes a crime shall be investigated for criminal responsibility according to law. Whoever commits any of the following acts, which has not yet constituted a crime, shall be punished in accordance with relevant regulations:

 (1) Issuing qualified opinions on fire protection design review and qualified opinions on fire protection acceptance for construction projects that do not meet the statutory conditions;

 (2) Not accepting, reviewing, checking and accepting or delaying the application for fire protection design and fire protection inspection and acceptance of construction projects that meet the statutory conditions;

 (3) Designating or designating design units, construction units, and engineering supervision units in a disguised form;

 (4) Designating or designating fire protection product brands, sales units or technical service agencies, and construction units of fire protection facilities in a disguised form;

 (5) Taking advantage of his position to accept property from relevant units or individuals.

 Chapter VII Supplementary Provisions

 Article 48 The mandatory requirements of national engineering construction fire protection technical standards refer to the provisions that must be strictly implemented in the national engineering construction fire protection technical standards.

 Article 49 "Three days", "five days", "seven days", "twenty days" and "thirty days" in these regulations all refer to working days.

 Article 50 The format of legal documents required for the implementation of these regulations shall be uniformly formulated by the Ministry of Public Security.

 Article 51 These regulations shall come into force on May 1, 2009. The "Regulations on the Administration of Fire Protection Supervision and Audit of Construction Projects" (Decree No. 30 of the Ministry of Public Security) issued on October 16, 1996 shall be abolished simultaneously.