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Regulations on Fire Accident Investigation (2009 Revision)


2012-11-22


Chapter I General Provisions

 

Article 1 These Provisions are formulated in accordance with the Fire Protection Law of the People's Republic of China in order to standardize the investigation of fire accidents, ensure that the fire departments of public security organs perform their duties in accordance with the law, and protect the lawful rights and interests of fire parties.

 

Article 2 These Provisions shall apply to the investigation of fire accidents by the fire department of the public security organ.

 

Article 3 The task of fire accident investigation is to investigate the cause of fire, make statistics on fire losses, deal with fire accidents according to law, and summarize fire lessons.

 

Article 4 Fire accident investigation shall adhere to the principles of timeliness, objectivity, fairness and legality.

 

No unit or individual may obstruct or illegally intervene in fire accident investigations.

 

Chapter II Jurisdiction

 

Article 5 The investigation of fire accidents shall be in the charge of the public security organ of the people's government at or above the county level, and shall be implemented by the fire department of the public security organ at the same level; if no fire department of the public security organ has been established, it shall be conducted by the public security organ of the people's government at the county level.

 

The public security police station shall assist the fire accident investigation department of the public security organ to maintain the order of the fire scene, protect the scene, and control the fire suspects.

 

Fire departments of railway, transportation, civil aviation and forestry public security agencies are responsible for investigating fires within the scope of their fire supervision.

 

Article 6 The fire accident investigation shall be conducted by the fire department of the public security organ at the place where the fire occurs according to the following division of labor:

 

(1) If more than 10 people are killed in a fire, more than 20 people are seriously injured, or more than 20 people are killed or seriously injured, and more than 50 households are affected, the fire department of the public security organ of the people's government of the province or autonomous region shall be responsible for the investigation;

 

(2) If one fire kills more than one person, seriously injures more than ten people, or affects more than 30 households, the fire department of the city divided into districts or the public security organ of the people's government at the same level shall be responsible for the investigation;

 

(3) Where less than 10 people are seriously injured or less than 30 households are affected by a fire, the fire department of the public security organ of the people's government at the county level shall be responsible for the investigation.

 

The fire department of the public security organ of the municipality directly under the Central Government shall be responsible for the investigation of fire accidents specified in Items 1 and 2 of the preceding paragraph, and the fire department of the district and county public security organs of the municipality directly under the Central Government shall be responsible for the investigation of the fire accident specified in Item 3 of the preceding paragraph.

 

Except for the circumstances listed in the first paragraph of this article, the investigation of other fire accidents involving only property loss shall be governed by the public security organs of the people's governments at the provincial level in light of local conditions and reported to the Ministry of Public Security for record.

 

Article 7 For fires that cross administrative regions, the fire department of the public security organ where the fire first broke out shall be responsible for the investigation according to the division of labor in Article 6 of these regulations, and the fire department of the public security organ in the relevant administrative region shall provide assistance.

 

In case of any dispute over jurisdiction, it shall be reported to the common superior public security organ fire department to designate jurisdiction. In case of dispute over the jurisdiction over the investigation of fire accidents carried out by the public security organ of the people's government at the county level, it shall be designated by the common superior public security organ.

 

Article 8 The fire department of the public security organ at a higher level shall supervise and guide the fire accident investigation work of the fire department of the public security organ at a lower level.

 

When the fire department of a public security organ at a higher level deems it necessary, it may investigate a fire under the jurisdiction of the fire department of a public security organ at a lower level.

 

Article 9 When the fire department of the public security organ receives a fire alarm, it shall promptly send personnel to the scene and assign fire accident investigators to carry out fire accident investigation.

 

Article 10 In any of the following circumstances, the fire department of the public security organ shall immediately report to the competent public security organ to notify the criminal investigation department of the public security organ with jurisdiction. If so, the criminal investigation department of the public security organ shall file a case for investigation according to law, and the fire department of the public security organ shall provide assistance:

 

(1) A fire in which a person dies;

 

(2) Fires with great social impact that occur in departments and units such as state organs, radio stations, television stations, schools, hospitals, nursing homes, nurseries, kindergartens, cultural relics protection units, postal services, communications, and transportation hubs;

 

(3) Fire suspected of arson.

 

Article 11 Where a fire breaks out at a military facility and requires the assistance of the fire department of the public security organ in the investigation, the fire department of the public security organ of the people's government at the provincial level or the fire department of the Ministry of Public Security shall dispatch fire accident investigation experts to assist.

 

Chapter III Summary Procedure

 

Article 12 A simple investigation procedure may be applied to a fire under the following circumstances at the same time:

 

(1) No casualties;

 

(2) The direct property loss is slight;

 

(3) The parties concerned have no objection to the facts of the fire accident;

 

(4) Not suspected of arson.

 

The specific standard for the second item of the preceding paragraph shall be determined by the public security organ of the provincial people's government, and shall be reported to the Ministry of Public Security for record.

 

Article 13 Where the simple investigation procedure is applicable, it can be investigated by a fire accident investigator, and the investigation shall be carried out according to the following procedures:

 

(1) Indicate the identity of law enforcement and explain the investigation basis;

 

(2) Investigate and visit the parties and witnesses to understand the fire process, the main items burned by the fire, and the damage to the building, etc. related to the fire;

 

(3) Checking the fire scene and taking pictures or videos;

 

(4) Inform the parties of the facts of the fire accident under investigation, and listen to the opinions of the parties. If the facts, reasons or evidence put forward by the parties are established, they shall be adopted;

 

(5) Make a simple fire accident investigation confirmation letter on the spot, and deliver it to the parties after the fire accident investigators and the parties sign or print their fingerprints.

 

The fire accident investigators shall submit the summary fire accident investigation confirmation letter to the fire department of the public security organ to which they belong for recordation within two days.

 

Chapter IV General Procedures

 

Section 1 General Provisions

 

Article 14 Except where simple investigation procedures are applied in accordance with these regulations, when the fire department of the public security organ investigates a fire, there shall be no less than two fire accident investigators. When necessary, experts or professionals may be hired to assist in the investigation.

 

Article 15 The Ministry of Public Security and the public security organs of the provincial people's governments shall set up fire accident investigation expert groups to assist in the investigation of complicated and difficult fires. If the experts of the expert group assist in the investigation of the fire, they shall issue expert opinions.

 

Article 16 The fire department of the county-level public security organ at the place where the fire occurs shall, based on the situation at the fire scene, eliminate the dangers at the scene, preliminarily delineate the closed area of ​​the scene, set up warning signs, prohibit irrelevant personnel from entering the scene, and control the suspects who caused the fire.

 

The fire department of the public security organ shall, according to the needs of the fire accident investigation, adjust the scope of the site closure in a timely manner, and promptly lift the site closure after the on-site inspection is completed.

 

Article 17 Where a fire scene is closed, the fire department of the public security organ shall announce the scope, time and requirements of the closure at the fire scene.

 

Article 18 The fire department of the public security organ shall make a determination of the fire accident within 30 days from the date of receiving the fire alarm; if the situation is complicated and difficult, it may be extended for 30 days with the approval of the fire department of the public security organ at the next higher level.

 

If inspection and appraisal are required in the investigation of a fire accident, the time for inspection and appraisal shall not be included in the investigation period.

 

Section 2 On-Site Investigation

 

Article 19 The investigators of fire accidents shall, according to the needs of the investigation, question those who discovered and extinguished the fire, those who are familiar with the place, location and production process of the fire, the suspects and victims of the fire, and other informed personnel. Fire suspects may be summoned according to law. When necessary, the person being questioned may be required to go to the fire scene for identification.

 

The interrogation shall make a record, which shall be signed or fingerprinted by the fire accident investigator and the person interrogated. If the interrogated person refuses to sign and fingerprint, it shall be noted in the record.

 

Article 20 Inspecting a fire scene shall follow the fire site inspection rules, and record the on-site situation by taking pictures, videotapes, and audio recordings, making on-site inspection records, and drawing on-site maps.

 

When inspecting a fire scene where a person dies, the fire accident investigators shall observe and record the surface of the dead body, and investigate the location of the dead body at the fire scene.

 

On-site inspection transcripts shall be signed by fire accident investigators, witnesses or parties concerned. If a witness or party refuses to sign or is unable to sign, it shall be noted in the on-site inspection record. The on-site drawing shall be signed by the drafter and reviewer.

 

Article 21 On-site extraction of traces and objects shall be carried out in accordance with the following procedures:

 

(1) Measure the location and size of traces and objects, and take photos or videos;

 

(2) Fill in the list of fire traces and items to be picked up, signed by the picker, witness or party concerned; if the witness or party refuses to sign or is unable to sign, it shall be indicated on the list;

 

(3) Seal traces and articles, paste labels, indicate the name of the fire and the name and serial number of the seal traces, articles, and pick-up time, and be signed by the sealer, witness or party concerned; if the witness or party refuses to sign or is unable to sign, it shall marked above.

 

The extracted traces and articles shall be properly kept.

 

Article 22 According to the needs of the investigation, on-site experiments may be conducted with the approval of the person in charge of the fire department of the public security organ responsible for the investigation of fire accidents. The on-site experiment shall be photographed or videotaped, and the on-site experiment report shall be made and signed by the experimenter. The field test report shall contain the following items:

 

(1) The purpose of the experiment;

 

(2) Experiment time, environment and location;

 

(3) Instruments or objects used in experiments;

 

(4) Experimental process;

 

(5) Experimental results;

 

(6) Other matters related to field experiments.

 

Section 3 Inspection and Appraisal

 

Article 23 Where the traces and objects extracted on the spot require technical appraisal, the fire department of the public security organ shall entrust a legally established appraisal institution to conduct the appraisal, and agree with the appraisal institution on the period of appraisal and the storage period of appraisal inspection materials.

 

The fire department of the public security organ may entrust a legally established price appraisal agency to appraise the direct property loss of the fire as needed.

 

Article 24 In case of a fire involving death, the fire department of the public security organ shall immediately notify the criminal science and technology department of the public security organ at the same level to conduct an autopsy. The criminal science and technology department of the public security organ shall issue an autopsy and identification document to determine the cause of death.

 

Article 25 The medical appraisal of the personal injury of the fire injured persons shall be conducted by a forensic doctor.

 

The diagnosis certificate issued by a qualified doctor in a medical institution licensed by the health administrative department may be used as the basis for the fire department of the public security organ to determine the degree of personal injury. However, under any of the following circumstances, a medical injury appraisal shall be conducted:

 

(1) The injury is serious and may constitute a serious injury;

 

(2) The person injured in the fire requires appraisal;

 

(3) The parties have disputes over the extent of the injury;

 

(4) Other circumstances that should be identified.

 

Article 26 For the appraisal opinion issued by the price appraisal agency provided by the damaged unit or individual, the fire department of the public security organ shall examine the following matters:

 

(1) Whether the authentication institution and the authentication person have qualifications and qualifications;

 

(2) Whether the certification institution and the certification witness have stamped and signed;

 

(3) Whether the basis for the appraisal opinion is sufficient;

 

(4) Assess whether there are other circumstances that affect the correctness of the appraisal opinion.

 

Those that meet the regulations can be used as evidence; those that do not meet the regulations are not admissible.

 

Section 4 Fire Loss Statistics

 

Article 27 The damaged units and individuals shall truthfully declare the direct property losses caused by the fire to the fire department of the county-level public security organ where the fire occurred within seven days from the date when the fire is extinguished, and attach valid proof materials.

 

Article 28 The fire department of the public security organ shall, in accordance with the relevant regulations, report the direct economic losses and casualties of the fire on the basis of the declaration of the damaged unit and individual, the appraisal opinion on the direct property loss of the fire issued by the legally established price appraisal institution, and the investigation and verification. Make truthful statistics.

 

Section 5 Fire Accident Identification

 

Article 29 The fire department of the public security organ shall make timely identification of the cause of the fire and the cause of the disaster based on the investigation results such as on-site inspection, investigation and inquiry, and relevant inspection and appraisal opinions.

 

Article 30 If the cause of the fire has been ascertained, the time, location, point and cause of the fire shall be ascertained; The cause of the fire.

 

Article 31 The determination of the cause of a disaster shall include the following contents:

 

(1) Fire alarm, initial fire fighting and personnel evacuation;

 

(2) The fire spread and losses;

 

(3) The fact that there is a direct causal relationship with the spread of the fire and the expansion of losses in violation of fire protection laws and regulations, and fire protection technical standards.

 

Article 32 Before the fire department of the public security organ makes a determination of a fire accident, it shall call the parties to the scene, explain the cause of the fire to be determined, and listen to the opinions of the parties; if the parties are not present, it shall be recorded in the record.

 

Article 33 The fire department of the public security organ shall prepare a fire accident confirmation letter, serve it on the party concerned within seven days from the date of making it, and inform the party concerned of their right to apply for a review to the fire department of the public security organ and directly file a civil lawsuit in the people's court. If it cannot be delivered, it can be delivered by announcement within seven days from the date of making the determination of the fire accident. The announcement period is 20 days, and upon the expiration of the announcement period, it is deemed to have been delivered.

 

Article 34 After the fire department of the public security organ makes a determination of a fire accident, the parties may apply for consulting, copying, and extracting the fire accident certification letter, on-site inspection records, and inspection and appraisal opinions. The fire department of the public security organ shall, from the date of receiving the application, Provided within seven days, but those involving state secrets, commercial secrets, personal privacy or transfer to other departments of the public security organs are not provided according to law, and the reasons shall be explained.

 

Section 6 Review

 

Article 35 If the parties have objections to the determination of the fire accident, they may submit a written application for review to the fire department of the public security organ at the next higher level within 15 days from the date of delivery of the fire accident determination letter. The review application shall specify the review request, reasons and main evidence.

 

The review application is limited to one time.

 

Article 36 The re-examination agency shall make a decision on whether to accept or not within seven days of receiving the re-examination application and notify the applicant in writing. Under any of the following circumstances, it will not be accepted:

 

(1) A non-fire party submits an application for review;

 

(2) Exceeding the time limit for review application;

 

(3) It has been reviewed and a review conclusion has been drawn;

 

(4) Either party files a lawsuit to the people's court, and the court has accepted it;

 

(5) The simple investigation procedure is applied to determine the fire accident.

 

When the fire department of the public security organ accepts the application for review, it shall notify other relevant parties and the original accreditation agency in writing.

 

Article 37 The original accreditation agency shall, within ten days of receiving the notification, make a written explanation to the review agency and submit the fire accident investigation case file.

 

Article 38 The review agency shall conduct a written review of the review application and the determination of the original fire accident, and may conduct an investigation with relevant personnel if necessary; if the fire scene remains and has not changed, it may conduct a review inspection.

 

During the review and review period, if any party concerned files a lawsuit with the people's court on the fire and the court accepts it, the fire department of the public security organ shall terminate the review.

 

Article 39 The review institution shall make a review conclusion within 30 days from the date of accepting the review application, and send it to the applicant and the original accrediting institution within seven days.

 

If the main facts of the original fire accident determination are clear, the evidence is reliable and sufficient, the procedures are legal, and the cause of the fire and the cause of the disaster are determined correctly, the review agency shall maintain the original fire accident determination.

 

Where the original fire accident determination falls under any of the following circumstances, the review agency shall order the original certification agency to make a new fire accident determination:

 

(1) The main facts are unclear, or the evidence is not reliable and sufficient;

 

(2) Violating legal procedures and affecting the fairness of the results;

 

(3) The cause of the fire and the cause of the disaster are wrongly determined.

 

Article 40 After receiving the re-examination conclusion of the fire accident affirmation, the original accreditation agency shall re-investigate, make a new fire accident affirmation within 15 days, and revoke the original fire accident affirmation. If re-investigation requires entrusted inspection and appraisal, the original accreditation agency shall make a new fire accident affirmation within five days from the date of receiving the inspection and appraisal opinion.

 

Before making a new determination of a fire accident, the original certification institution shall explain the situation of the re-certification to the relevant parties; the new fire accident certification shall be delivered to the parties within the time limit specified in Article 33 of these Regulations, and shall be reported to the nuclear agency for filing.

 

Chapter V Handling of Fire Accident Investigation

 

Article 41 During the investigation of fire accidents, the fire department of the public security organ shall deal with them according to the following situations:

 

(1) If the crime of arson or fire accident is suspected, it shall be investigated in accordance with the "Procedures for Handling Criminal Cases by Public Security Organs"; if it is suspected of other crimes, it shall be transferred to the relevant competent department for handling in a timely manner;

 

(2) Those who are suspected of fire safety violations shall be investigated and dealt with in accordance with the "Procedures for Handling Administrative Cases by Public Security Organs"; those suspected of other violations shall be transferred to relevant competent departments for investigation and handling in a timely manner;

 

(3) If a sanction should be given, it shall be handed over to the relevant competent department for handling.

 

If it is not a fire accident after investigation, the fire department of the public security organ shall inform the party concerned of the handling method and record it.

 

Article 42 Where the fire protection department of the public security organ transfers the case to the relevant competent department, it shall transfer the case within 24 hours after the person in charge of the fire protection department of the public security organ at the same level approves the transfer, and attach the following materials according to the needs of the case:

 

(1) Case transfer notice;

 

(2) Case investigation status;

 

(3) List of items involved in the case;

 

(4) Records of inquiries, records of on-site inspections, inspection and appraisal opinions, photographs, videos, audio recordings and other materials;

 

(5) Other relevant materials.

 

If the crime of arson is constituted and needs to be transferred to the criminal investigation department of the public security organ, the scene of the fire shall be transferred together.

 

Article 43 Other departments of the public security organ shall conduct an examination and make a decision within ten days from the date of accepting the suspected criminal case transferred by the fire department of the public security organ. If the case is decided to be filed according to law, the fire department of the public security organ that transferred the case shall be notified in writing; if the case is not filed according to law, the reasons shall be explained, and the fire department of the public security organ that transferred the case shall be notified in writing to return the case files.

 

Article 44 Where the fire department of the public security organ and its staff commit any of the following acts, the responsible persons shall be punished in accordance with relevant regulations; if a crime is constituted, criminal responsibility shall be investigated according to law.

 

(1) Instructing others to misidentify or intentionally misidentify the cause of the fire or the cause of the disaster;

 

(2) Concealing the fire, the direct economic loss of the fire, and the casualties;

 

(3) Taking advantage of the convenience of one's position to solicit or illegally accept other people's property;

 

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

 

Chapter VI Supplementary Provisions

 

Article 45 The meanings of the following terms in these regulations:

 

(1) "Party" refers to the units and individuals who have a direct interest in the occurrence, spread and loss of a fire.

 

(2) The terms "two days", "five days", "seven days" and "ten days" in these regulations refer to working days, excluding holidays.

 

(3) "Above" referred to in these regulations includes the number and the same level, and "below" does not include the number.

 

Article 46 If there are no provisions in these Regulations regarding avoidance, evidence, investigation and evidence collection, appraisal, etc. requirements in the fire accident investigation, it shall be implemented in accordance with the "Procedures for Handling Administrative Cases by Public Security Organs".

 

Article 47 The format of legal documents required for the implementation of these regulations shall be formulated by the Ministry of Public Security.

 

Article 48 These regulations shall come into force on May 1, 2009. The "Fire Accident Investigation Regulations" (Decree No. 37 of the Ministry of Public Security) promulgated and implemented on March 15, 1999 shall be abolished simultaneously.