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Regulations on Fire Supervision and Inspection (2009 Revision)


2012-11-22


Chapter 1 General Provisions

 

Article 1 In order to strengthen and standardize fire protection supervision and inspection work, and urge agencies, organizations, enterprises, institutions and other units (hereinafter referred to as units) to perform fire safety duties, these regulations are formulated in accordance with the "Fire Protection Law of the People's Republic of China".

 

Article 2 These regulations are applicable to the supervision and inspection of the units' compliance with fire laws and regulations by fire departments of public security organs and police stations.

 

Article 3 The fire departments of the public security organs of municipalities, cities (regions, states, leagues), and counties (city jurisdictions, county-level cities, and banners) specifically implement fire protection supervision and inspection, determine the key units of fire safety within their jurisdictions, and report to the subordinate public security organs. The people's government at the same level records.

 

The public security police station may conduct daily fire supervision and inspection on the performance of fire safety duties by property service enterprises, residents committees, and villagers committees in residential areas, and units determined by the higher-level public security organs.

 

The scope of units for daily fire supervision and inspection of public security police stations shall be jointly researched and formulated by the fire protection departments of provincial public security organs and the competent departments of public security police stations, and shall be reported to the provincial public security organs for determination.

 

Article 4 The fire protection department of the public security organ at a higher level shall guide and supervise the fire protection supervision and inspection carried out by the fire protection department of the public security organ at a lower level.

 

The fire department of the public security organ shall, together with the police station, do a good job in the supervision of fire protection in the area under its jurisdiction, guide the public security police station in carrying out daily fire supervision and inspection work, and conduct regular fire supervision training for the police at the police station.

 

Article 5 The fire department of the public security organ may announce the results of fire supervision and inspection to the public in an appropriate manner; it shall regularly announce the fire hazards found in the inspection that affect public safety, and remind the public to pay attention to fire safety.

 

Chapter II Form and Content of Fire Supervision and Inspection

 

Article 6 The forms of fire supervision and inspection include:

 

(1) Fire safety inspections of public gathering places before they are put into use and open for business;

 

(2) Supervision and spot checks on the unit's performance of statutory fire safety duties;

 

(3) Verification of reported and complained fire safety violations;

 

(4) Fire safety inspections before holding large-scale mass activities;

 

(5) Other fire supervision and inspections as required.

 

Article 7 The fire department of the public security organ shall organize supervision and spot checks according to fire safety needs such as the fire laws and characteristics of the region; it shall organize supervision and spot checks in fire-prone seasons, before or during major festivals and major events.

 

Key fire safety units should be the focus of supervision and spot checks, and non-fire safety key units must occupy a certain proportion of the number of units subject to supervision and spot checks. Supervise and inspect at least one fire safety key unit in a densely populated place every year.

 

Article 8 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 department of the public security organ of the people's government at or above the county level where the place is located, and submit the following materials:

 

(1) Fire safety inspection declaration form;

 

(2) A photocopy of the business license or the enterprise name pre-approval notice issued by the administrative department for industry and commerce;

 

(3) Copies of legal documents obtained in accordance with the law for the fire protection inspection and acceptance of construction projects or for the recordation of fire protection completion inspection and acceptance;

 

(4) fire safety system, fire fighting and emergency evacuation plan;

 

(5) The employee's pre-employment fire safety education and training records and the photocopy of the professional qualification certificate for the special type of work in the fire protection industry obtained by the automatic fire protection system operators;

 

(6) Other materials that should be declared according to law.

 

Those who apply for fire safety inspections for public gathering places that have undergone fire protection completion inspection and acceptance according to law and have not undergone filing and spot checks shall also submit the interior decoration fire protection design and construction drawings of the place, the quality certification documents of fire protection products, and the fire protection performance of decoration and decoration materials that meet the fire protection technical standards supporting documents, factory certificate.

 

The fire department of the public security organ shall accept the application for fire safety inspection in accordance with the relevant provisions of administrative licensing.

 

Article 9 When conducting fire safety inspections of public gathering places before they are put into use or open for business, the following contents shall be inspected:

 

(1) Whether the site has passed the fire protection inspection and acceptance according to law or has passed the fire protection completion acceptance filing and spot check; whether the site that has undergone fire protection completion acceptance filing according to law and has not undergone filing spot check meets the fire protection technical standards;

 

(2) Whether the fire safety management system, fire fighting and emergency evacuation plans have been formulated;

 

(3) Whether the operators of the automatic fire protection system hold certificates and whether the employees have received pre-employment fire safety training;

 

(4) Whether the fire-fighting facilities and equipment meet the fire-fighting technical standards and are in good condition and effective;

 

(5) Whether the evacuation passages, safety exits and fire truck passages are unimpeded;

 

(6) Whether the interior decoration and decoration materials meet the technical standards for fire protection.

 

Article 10 The supervision and random inspection of the unit's performance of statutory fire safety duties shall check the following contents according to the actual situation of the unit:

 

(1) Whether the building or place has passed the fire inspection and acceptance according to law or has been put on record for fire protection completion inspection and acceptance, and whether the public gathering place has passed the fire safety inspection before being put into use and opening;

 

(2) Whether the use of the building or site is consistent with the nature of use determined during the fire protection inspection or the completion of the fire protection inspection and acceptance filing;

 

(3) Whether the unit's fire safety system, fire fighting and emergency evacuation plans have been formulated;

 

(4) Whether the fire-fighting facilities of the building are regularly and comprehensively inspected, whether the fire-fighting facilities, equipment and fire safety signs are regularly inspected and maintained, and whether they are in good condition and effective;

 

(5) Whether electrical circuits and gas pipelines are regularly maintained and tested;

 

(6) Whether the evacuation passages, safety exits, and fire truck passages are unimpeded, whether the fire compartments are changed, and whether the fire separation distances are occupied;

 

(7) Whether to organize fire prevention inspections, fire drills and fire safety education and training for employees, and whether operators of automatic fire protection systems hold certificates for employment;

 

(8) Whether the place for production, storage, and operation of inflammable and explosive dangerous goods is set up in the same building as the place of residence;

 

(9) If the places for production, storage, and operation of other items are set up in the same building as the living places, whether they meet the technical standards for fire protection;

 

(10) Other contents that need to be inspected according to law.

 

For densely populated places, spot checks should also be made on whether the interior decoration and decoration materials meet the technical standards for fire protection.

 

Article 11 The supervision and random inspection of the performance of statutory fire safety duties by key fire safety units shall, in addition to the contents specified in Article 10 of these Regulations, also inspect the following contents:

 

(1) Whether to determine the fire safety manager;

 

(2) whether to carry out daily fire prevention inspections and establish inspection records;

 

(3) Whether to regularly organize fire safety training and fire drills;

 

(4) Whether to establish fire protection files and determine the key parts of fire safety.

 

For key units of fire safety in densely populated places, it should also be checked whether the personnel responsible for fire extinguishing and organizing evacuation tasks in the unit's fire extinguishing and emergency evacuation plan are determined.

 

Article 12 Before large-scale mass activities are held, the fire safety inspection of the activity site shall focus on the following contents:

 

(1) Whether the buildings (places) used for indoor activities have passed the fire inspection and acceptance in accordance with the law or have been put on record for fire protection completion inspection and acceptance, and whether the public gathering places have passed the fire safety inspection before use and business operation;

 

(2) Whether the temporary buildings meet the fire safety requirements;

 

(3) Whether to formulate fire-fighting and emergency evacuation plans and organize drills;

 

(4) Whether the division of fire safety responsibilities is clarified and the fire safety management personnel are determined;

 

(5) Whether the fire-fighting facilities and equipment at the event site are fully equipped, intact and effective;

 

(6) Whether the evacuation passages, safety exits and fire truck passages at the event site are unimpeded;

 

(7) Whether the evacuation indication signs and emergency lighting at the event site meet the fire technical standards and are intact and effective.

 

Article 13 When conducting fire supervision and inspection on large-scale crowded places and construction sites of other special construction projects, the focus shall be on the performance of the following fire safety duties by the construction unit:

 

(1) Whether the fire safety system, fire fighting and emergency evacuation plan of the construction site have been formulated;

 

(2) Whether there are corresponding fire safety protection measures for open flame operations such as electric welding and gas welding;

 

(3) Whether to set up temporary fire-fighting water sources compatible with the construction progress, install fire hydrants and equip hoses and water guns, and whether fire-fighting equipment is equipped and in good condition;

 

(4) Whether there are fire truck passages and whether they are unimpeded;

 

(5) Whether to organize employee fire safety education and training and fire drills;

 

(6) Whether the collective dormitory of the employees is set up separately from the construction operation area, and whether there is illegal use of fire, electricity, oil, and gas in the collective dormitory of the employees.

 

Chapter III Procedures for Fire Supervision and Inspection

 

Article 14 When the fire department of the public security organ conducts fire supervision and inspection, there shall be no less than two inspectors, who shall present their law enforcement ID cards.

 

Fire supervision and inspection shall fill in the inspection records, and record the inspection situation truthfully.

 

Article 15 For the fire safety inspection before the public gathering places are put into use and open for business, the fire department of the public security organ shall conduct the inspection within ten working days from the date of accepting the application, and give approval or approval within three working days from the date of inspection. Disapproval of the decision to put into use or business operation shall be served on the applicant.

 

Article 16 For the fire safety inspection conducted before the large-scale mass activity site is held, the fire department of the public security organ shall conduct the inspection within three working days from the date of receiving the notification from the public security department of the public security organ at the same level, and hand over the inspection records to The public security department of the public security organ at the same level.

 

Article 17 When the fire department of the public security organ receives reports and complaints about fire safety violations, it shall accept and register them in a timely manner, and handle them in accordance with the provisions of Article 38 of the "Procedures for Handling Administrative Cases by Public Security Organs".

 

Article 18 The fire department of the public security organ shall conduct on-the-spot inspections of reported and complained fire safety violations within the following time limits:

 

(1) For reports and complaints of occupation, blockage, closure of evacuation passages, safety exits or other behaviors that hinder safe evacuation, and unauthorized disabling of fire protection facilities, verification shall be conducted within 24 hours after receiving the report and complaint;

 

(2) For reports and complaints of fire safety violations other than the first item of this paragraph, they shall be checked within three working days from the date of receiving the report and complaint.

 

After verification, the fire safety violations shall be dealt with in accordance with the law. The reporting and complainant shall be notified of the handling situation in a timely manner; if it is impossible to notify, it shall be noted in the acceptance registration.

 

Article 19 During the supervision and inspection of fire protection, the fire department of the public security organ shall issue a notice of order to correct on the spot and punish it according to law if it discovers a fire safety violation that should be ordered to make correction within a time limit or ordered to make correction according to law.

 

If the violation is minor and the correction has been completed on the spot, and administrative punishment may not be imposed according to law, the correction may be ordered orally, and it shall be noted in the inspection record.

 

Article 20 For those who are ordered to make corrections within a time limit according to law, the time limit for corrections shall be reasonably determined according to the difficulty of correcting illegal acts.

 

The fire department of the public security organ shall conduct a re-examination within three working days after the expiration of the time limit for ordering correction or the date of receipt of the party's application for re-examination. Those who fail to make corrections within the time limit shall be punished according to law.

 

Article 21 In the fire supervision and inspection, if it is found that the urban and rural fire safety layout and public fire safety facilities do not meet the fire safety requirements, or there are major fire hazards in the area that affect public safety, the fire department of the public security organ shall organize a collective study to determine, Within seven working days from the date of inspection, the handling opinions shall be put forward, and the subordinate public security organs shall report to the people's government at the same level for resolution; for major fire hazards that affect public safety, they shall also notify in writing within three working days from the date of determination that they exist. Units with major fire hazards shall be rectified.

 

If the judgment of a major fire hazard involves complicated or difficult technical issues, the fire department of the public security organ shall organize expert demonstrations before making the determination. The time limit specified in the preceding paragraph may be extended by ten working days for organizing expert demonstrations.

 

Article 22 The fire department of the public security organ shall notify the relevant units or individuals to immediately take measures to eliminate fire hazards found in the fire supervision and inspection; in case of any of the following circumstances, failure to eliminate them in time may seriously threaten public safety, it shall Or the place is temporarily sealed up:

 

(1) The number of evacuation passages and safety exits is insufficient or seriously blocked, and the conditions for safe evacuation are no longer met;

 

(2) The fire protection facilities of the building are seriously damaged and no longer have the function of fire prevention and fire extinguishing;

 

(3) Violating fire safety regulations in densely populated places, using and storing flammable and explosive dangerous goods;

 

(4) The public gathering place violates the technical standards for fire protection and is decorated with flammable and combustible materials, which may cause heavy casualties;

 

(5) Other fire hazards that may seriously threaten public safety.

 

The period of temporary seizure shall not exceed one month. However, if the hidden danger of fire is not eliminated within the time limit, it will not be restricted by the time limit for seizure.

 

Article 23 Temporary seizure shall be decided and implemented in accordance with the following procedures:

 

(1) Inform the parties of the facts, reasons and basis for the temporary seizure, and inform the parties of their legal rights, and hear and record the statements and defenses of the parties.

 

(2) The person in charge of the fire department of the public security organ shall organize a collective study to decide whether to implement a temporary seal. When deciding to temporarily seal up, the scope, time limit and implementation method of temporarily sealing up dangerous parts or places shall be clarified, and the temporary sealing up decision shall be made and delivered within three working days from the date of inspection.

 

(3) To implement a temporary seal-up, the temporary seal-up decision shall be posted in a conspicuous position of the sealed-up unit or place, and seals shall be affixed to the dangerous parts or places and their related facilities and equipment, or other measures shall be taken to make the dangerous parts or places Stop production, operation or use.

 

(4) Make notes on the implementation of temporary seizure. When necessary, on-site photography or audio and video recording can be carried out.

 

If the situation is critical and public safety may be seriously threatened if it is not immediately sealed up, the fire supervision and inspection personnel may immediately implement a temporary seal-up of the dangerous part or place after verbally reporting to the person in charge of the fire department of the public security organ for consent, and within 24 hours after the temporary seal-up. Item 2 of the preceding paragraph stipulates that a temporary seizure decision shall be made and served on the parties concerned.

 

Temporary seizure shall be organized and implemented by the person in charge of the fire department of the public security organ. Where the cooperation of other departments of the public security organ or the police station is required, the fire department of the public security organ shall report to the subordinate public security organ to organize the implementation.

 

After the temporary seal-up is implemented, if the party concerned requests to enter the sealed-up dangerous part or place to rectify fire hazards, it shall be allowed. However, it shall not be produced, operated or used in the sealed dangerous parts or places.

 

Article 24 After the fire hazard is eliminated, the party concerned shall apply to the fire department of the public security organ that made the temporary seal-up decision for lifting the temporary seal-up. The fire department of the public security organ shall conduct an inspection within three working days from the date of receipt of the application, make a decision on whether to agree to release the temporary seizure within three working days from the date of inspection, and serve it on the parties concerned.

 

If the inspection confirms that the fire hazard has been eliminated, a decision to lift the temporary seal-up shall be made.

 

Article 25 If the party concerned commits fire safety violations stipulated in Items 3, 4, 5, and 6 of Paragraph 1 of Article 60 of the Fire Protection Law, and refuses to correct after being ordered to make corrections, the fire department of the public security organ shall Institutions shall organize the compulsory removal or removal of relevant obstacles and obstructions, and the necessary expenses shall be borne by the offender.

 

If the parties fail to implement the decision to suspend production, business, use, or construction made by the fire department of the public security organ within the time limit, the fire department of the public security organ shall seal up the relevant places, parts, facilities or equipment, and make the punished unit or place stop production, operation, and construction. use or construction.

 

Article 26 Enforcement shall be decided and implemented in accordance with the following procedures:

 

(1) To inform the parties of the facts, reasons and basis for the decision to enforce enforcement, and to inform the parties of their legal rights, and to hear and record the parties' statements and defenses.

 

(2) The person in charge of the fire department of the public security organ shall organize a collective study on the enforcement plan, and make and deliver the enforcement decision within five working days from the date when the party refuses to make corrections or the execution period of the punishment decision expires.

 

(3) Where compulsory enforcement is implemented, the enforcement decision shall be posted in a conspicuous position of the unit or place to be enforced, and the enforcement method specified in the enforcement decision shall be followed.

 

(4) Making transcripts of the enforcement process. When necessary, on-site photography or audio and video recording can be carried out.

 

Compulsory execution shall be organized and implemented by the person in charge of the fire department of the public security organ that made the decision. If the cooperation of other departments of the public security organ or the police station is required, the fire department of the public security organ shall report to the subordinate public security organ to organize the implementation; if the cooperation of other administrative departments is required, the fire department of the public security organ shall put forward opinions, and the subordinate public security organ shall report to the people's government at the same level to organize the implementation. .

 

Article 27 Where a party who has been ordered to stop construction, stop use, or stop production and business operations applies for resumption of construction, use, production, or business operations, the fire department of the public security organ shall conduct an inspection within three working days from the date of receipt of the written application , and make a decision within three working days from the date of inspection, and serve it on the parties concerned.

 

If the party concerned has corrected the fire safety violations and meets the fire safety conditions, the fire department of the public security organ shall agree to resume construction, use, production, and operation; if the illegal act has not been corrected and does not meet the fire safety conditions, it shall not agree to resume construction, use , production, operation, and explain the reasons.

 

Chapter 4 Daily Fire Supervision and Inspection of Public Security Police Stations

 

Article 28 The public security police station shall conduct daily fire supervision and inspection at least once a year for the units within the scope of its daily supervision and inspection.

 

The public security police station shall promptly accept and handle fire safety violations reported and complained by the public; for those under the jurisdiction of the fire department of the public security organ, it shall promptly transfer the case to the fire department of the public security organ for handling in accordance with the "Regulations on the Procedures for Handling Administrative Cases by Public Security Organs".

 

Article 29 When the public security police station conducts daily fire supervision and inspection of units, it shall inspect the following contents:

 

(1) Whether the building or place has passed the fire inspection and acceptance according to law or has been put on record for fire protection completion inspection and acceptance, and whether the public gathering place has passed the fire safety inspection before it is put into use and opened according to law;

 

(2) Whether to formulate a fire safety system;

 

(3) Whether to organize fire prevention inspections, fire safety publicity, education and training, fire fighting and emergency evacuation drills;

 

(4) Whether the passages for fire engines, evacuation passages, and safety exits are unblocked, and whether the indoor fire hydrants, evacuation signs, emergency lighting, and fire extinguishers are in good condition and effective;

 

(5) Whether the place for production, storage, and operation of inflammable and explosive dangerous goods is set up in the same building as the place of residence.

 

For units with fire-fighting facilities, the police station shall also check whether the unit conducts a comprehensive inspection of the building's fire-fighting facilities at least once a year.

 

To carry out daily fire supervision and inspection of property service enterprises in residential areas, the public security police station shall, in addition to inspecting items (2) to (4) of the first paragraph of this article, also check whether the property service enterprises maintain the common fire protection facilities in the management area manage.

 

Article 30 The public security police station shall inspect the following contents when conducting daily fire supervision and inspection on residents’ committees and villagers’ committees:

 

(1) Whether the fire safety manager is determined;

 

(2) Whether the fire safety work system and village (residential) fire safety conventions have been formulated;

 

(3) Whether fire protection publicity and education and fire safety inspections are carried out;

 

(4) Whether to maintain and manage community and village fire water sources (fire hydrants), fire truck passages, and fire equipment;

 

(5) Whether to establish various forms of firefighting organizations such as volunteer firefighting brigades.

 

Article 31 When the police of the public security police station discover any of the following acts by the unit under inspection during routine fire supervision and inspection, they shall be ordered to make corrections in accordance with the law:

 

(1) Failure to formulate fire safety systems, fail to organize fire prevention inspections, fire safety education and training, and fire drills;

 

(2) Occupying, blocking, or closing evacuation passages and safety exits;

 

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

 

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

 

(5) Indoor fire hydrants, fire extinguishers, evacuation signs and emergency lighting are not kept intact and effective;

 

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

 

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

 

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

 

(9) The production, storage and operation of inflammable and explosive dangerous goods are set up in the same building as the residential place;

 

(10) Failing to conduct comprehensive inspections of building fire protection facilities on a regular basis.

 

If the public security police station discovers that the buildings of the inspected unit have not passed the fire protection inspection and acceptance according to law, or have completed the fire protection completion inspection and acceptance record, and put them into use without authorization; if the public gathering places have not passed the fire safety inspection before use and business operation according to law, and use or operate without authorization, they shall Hand over in writing to the fire department of the public security organ within five working days from the date of inspection.

 

When conducting daily fire supervision and inspection, the police at the police station shall fill in the inspection records to record the discovered fire safety violations and orders to make corrections.

 

Article 32 If the public security police station discovers a fire hazard that seriously threatens public safety during daily fire supervision and inspection, it shall, while ordering corrections, report in writing to the township people's government or sub-district office and the fire department of the public security organ.

 

Chapter V Law Enforcement Supervision

 

Article 33 The fire protection department of the public security organ shall improve the fire protection supervision and inspection work system, establish law enforcement files, regularly conduct law enforcement quality evaluation, and implement accountability for law enforcement errors.

 

The fire department of the public security organ and its staff shall consciously accept the supervision and inspection of the unit and citizens when conducting fire supervision and inspection.

 

Article 34 Where the fire department of the public security organ and its staff have the following circumstances during fire supervision and inspection, the directly responsible person in charge and other directly responsible personnel shall be punished according to law; if a crime is constituted, criminal responsibility shall be investigated according to law:

 

(1) Failing to produce and deliver legal documents in accordance with the regulations, failing to perform fire supervision and inspection duties in accordance with these regulations, and refusing to make corrections;

 

(2) Those who pass the fire safety inspection of public gathering places that do not meet the fire safety requirements;

 

(3) Unreasonably delaying the fire safety inspection and failing to perform duties within the statutory time limit;

 

(4) Failing to organize fire supervision and spot checks in accordance with these regulations;

 

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

 

(6) Using the power of fire supervision and inspection to designate the brand and sales unit of fire protection products for users, or designate fire safety technical service agencies, construction and maintenance units of fire protection facilities;

 

(7) accepting the unit under inspection, personal property or other illegitimate interests;

 

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

 

Article 35 The close relatives of the staff of the fire protection department of the public security organ are strictly prohibited from operating fire protection companies, contracting fire protection projects, and selling fire protection products within the area or business scope under their jurisdiction.

 

Those who violate the provisions of the preceding paragraph shall be punished in accordance with relevant regulations to the staff of the fire department of the public security organ.

 

Chapter VI Supplementary Provisions

 

 

Article 36 Under any of the following circumstances, it shall be determined as a fire hazard:

 

(1) It affects the safe evacuation of personnel or fire fighting and rescue operations, and cannot be corrected immediately;

 

(2) The fire-fighting facilities are not kept intact and effective, which affects the fire-fighting function;

 

(3) Changing the fire compartment without authorization may easily lead to the spread and expansion of the fire;

 

(4) Violating fire safety regulations in densely populated places, using or storing flammable and explosive dangerous goods, which cannot be corrected immediately;

 

(5) Those that do not meet the layout requirements for urban fire safety and affect public safety;

 

(6) Other circumstances that may increase the substantial risk or harm of fire.

 

Major fire hazards are identified in accordance with relevant national standards.

 

Article 37 Individual industrial and commercial households with fixed production and business sites and a certain scale shall be included in the scope of fire supervision and inspection. The specific standards shall be determined and announced by the fire departments of the public security organs of provinces, autonomous regions, and municipalities directly under the Central Government.

 

Article 38 Railway, transportation, civil aviation, and forestry public security organs implement fire protection supervision and inspection within their jurisdiction with reference to these regulations.

 

Article 39 The format of legal documents required for the implementation of these regulations shall be formulated by the Ministry of Public Security.

 

Article 40 These regulations shall come into force on May 1, 2009. The "Regulations on Fire Supervision and Inspection" (Decree No. 73 of the Ministry of Public Security) issued on June 9, 2004 shall be abolished simultaneously.