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Seek news reports and relevant laws and regulations on fire safety and public security law enforcement training of the Public Security Bureau.

Provisions on fire supervision and inspection

catalogue

Chapter I General Principles

Chapter II Forms and Contents of Fire Supervision and Inspection

Chapter III Procedures for Fire Supervision and Inspection

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

Chapter V Law Enforcement Supervision

Chapter VI Supplementary Provisions

Chapter I General Principles

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

Article 2 These Provisions shall apply to the fire control institutions of public security organs and public security police stations that conduct fire control supervision and inspection on units' compliance with fire control laws and regulations according to law.

Article 3 The fire control institutions of public security organs of municipalities directly under the Central Government, cities (regions, prefectures and leagues) and counties (municipal districts, county-level cities and banners) shall carry out specific fire control supervision and inspection, determine the key units of fire control safety within their respective jurisdictions, and report them to the people's governments at the corresponding levels for the record.

The police station can conduct daily fire control supervision and inspection on the property service enterprises, residents' committees and villagers' committees in residential areas and the units determined by the public security organs at higher levels.

The unit scope of daily fire supervision and inspection of public security police station is drawn up by the fire control institution of provincial public security organ and the competent department of public security police station, and submitted to the provincial public security organ for determination.

Article 4 The fire control institutions of public security organs at higher levels shall guide and supervise the fire control institutions of public security organs at lower levels.

The fire control institution of the public security organ shall, jointly with the police station, do a good job in fire control supervision within its jurisdiction, guide the police station to carry out daily fire control supervision and inspection, and regularly conduct fire control supervision and training for the police of the police station.

Fifth fire control institutions of public security organs can announce the results of fire control supervision and inspection to the public through appropriate means; The fire hazards found in the inspection that affect public safety shall be announced regularly to remind the public to pay attention to fire safety.

Chapter II Forms and Contents of Fire Supervision and Inspection

Sixth forms of fire supervision and inspection are:

(a) the public gathering place put into use and fire safety inspection before opening;

(two) to supervise and check the performance of the statutory fire safety duties of the unit;

(three) to verify the reports and complaints of fire safety violations;

(four) fire safety inspection before large-scale mass activities;

(five) other fire supervision and inspection according to the needs.

Seventh fire control institutions of public security organs shall organize supervision and spot checks according to local fire laws and characteristics and other fire safety needs; Before or during fire-prone seasons, major festivals and activities, it is necessary to organize supervision and spot checks.

Key units of fire safety should be the focus of supervision and spot check, and non-key units of fire safety must occupy a certain proportion in the number of units of supervision and spot check. Key fire safety units in crowded places shall supervise and inspect at least once a year.

Article 8 Before a public gathering place is put into use or business, the construction unit or the user unit shall apply 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 for fire safety inspection, and submit the following materials:

(a) fire safety inspection declaration form;

(two) a copy of the business license issued by the administrative department for Industry and commerce or a notice of pre-approval of the enterprise name;

(three) a copy of the legal documents obtained in accordance with the law for the fire inspection and acceptance of construction projects or the completion of fire inspection and acceptance for the record;

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

(5) Records of pre-job fire safety education and training for employees and copies of professional qualification certificates for special types of work in the fire protection industry obtained by operators of automatic fire protection systems;

(six) other materials that should be declared according to law.

Where an application is made for fire safety inspection of a public gathering place that has been put on record for fire control completion acceptance according to law and has not been spot-checked, it shall also submit the fire design and construction drawing of the interior decoration of the place, the quality certificate of fire protection products, the fire performance certificate of decoration materials that meet the technical standards for fire control and the factory certificate.

The application for fire safety inspection of fire control institutions of public security organs shall be accepted in accordance with the relevant provisions of administrative license.

Ninth public gathering places put into use, fire safety inspection before business, should check the following contents:

(a) whether the place has passed the fire control acceptance according to law or passed the fire control completion acceptance filing and spot check; Whether the places that have been put on record for fire control completion acceptance according to law and have not been put on record meet the technical standards for fire control;

(two) whether to formulate fire safety management system, fire fighting and emergency evacuation plan;

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

(four) whether the fire control facilities and equipment meet the technical standards for fire control and are in good and effective condition;

(5) Whether the evacuation passage, exit and fire truck passage are clear;

(six) whether the interior decoration materials meet the technical standards for fire control.

Article 10 The supervision and spot check on the performance of the statutory fire safety duties of this unit shall check the following contents according to the actual situation of this unit:

(a) whether the buildings and places have passed the fire control acceptance or fire control completion acceptance for the record according to law, and whether the public gathering places can be put into use and opened after passing the fire control safety inspection;

(two) whether the use of the building or place is consistent with the nature of use determined at the time of fire control acceptance or fire control completion acceptance for the record;

(three) whether the unit has formulated the fire safety system, fire fighting and emergency evacuation plan;

(four) whether the building fire control facilities are regularly inspected, whether the fire control facilities, equipment and fire safety signs are regularly inspected and maintained, and whether they are in good condition and effective;

(five) whether the electrical lines and gas pipelines are regularly maintained and tested;

(six) whether the evacuation passage, exit and fire truck passage are unblocked, whether the fire zone is changed, and whether the fire spacing is occupied;

(seven) whether to organize fire inspection, fire drill and fire safety education and training for employees, and whether the operators of automatic fire control system hold certificates;

(eight) whether the place where inflammable and explosive dangerous goods are produced, stored and operated is located in the same building as the residence;

(nine) whether the place where other articles are produced, stored and managed and the place where they live are located in the same building, and whether they meet the technical standards for fire control;

(ten) other contents that need to be checked according to law.

In crowded places, it should also check whether the indoor decoration materials meet the technical standards for fire control.

Eleventh of the key units of fire safety to perform the statutory duties of fire safety supervision, in addition to the contents of the provisions of article tenth, should also check the following contents:

(a) whether to determine the fire safety administrator;

(two) whether to carry out daily fire inspection and establish inspection records;

(three) whether to organize regular fire safety training and fire drills;

(four) whether to establish a fire file and determine the key parts of fire safety.

For key fire safety units in crowded places, it should also be checked whether the personnel who undertake the fire fighting and evacuation tasks in the unit fire fighting and emergency evacuation plan are determined.

Twelfth large-scale mass activities, the fire safety inspection of the event site should focus on the following contents:

(a) whether the buildings (places) used for indoor activities have passed the fire inspection or completed the fire inspection and filing according to law, and whether the public gathering places can be used and operated after passing the fire safety inspection;

(two) whether the temporary building meets the requirements of fire safety;

(three) whether to formulate fire fighting and emergency evacuation plans and organize drills;

(four) whether the division of fire safety responsibilities is clear, and whether the fire safety management personnel are determined;

(five) whether the fire control facilities and equipment in the activity place are complete, intact and effective;

(six) whether the evacuation passage, safety exit and fire truck passage at the activity site are unblocked;

(seven) whether the evacuation signs and emergency lighting in the activity place meet the technical standards for fire control and are in good condition and effective.

Thirteenth fire supervision and inspection of large crowded places and other special construction sites, should focus on the inspection of the construction unit to perform the following fire safety duties:

(a) whether to formulate the construction site fire safety system, fire fighting and emergency evacuation plan;

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

(three) whether to set up a temporary fire water source suitable for the construction progress, install fire hydrants and be equipped with hoses, and whether the fire fighting equipment is equipped and in good condition and effective;

(four) whether the fire truck passage is smooth;

(five) whether to organize fire safety education and training and fire drills for employees;

(six) whether the dormitory is set separately from the construction work area, and whether the dormitory uses fire, electricity, oil and gas in violation of regulations.

Chapter III Procedures for Fire Supervision and Inspection

Fourteenth fire control institutions of public security organs to carry out fire supervision and inspection, inspection personnel shall not be less than two, and produce law enforcement identity documents.

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

Article 15 For the fire safety inspection of public gathering places before they are put into use or put into 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 make a decision on whether to agree or disagree to put into use or business within three working days from the date of inspection, and serve it on the applicant.

Article 16 For the fire safety inspection conducted at the scene of large-scale mass activities before holding, the fire control institution of the public security organ shall conduct the inspection within three working days from the date of receiving the notice from the fire control institution of the public security organ at the corresponding level, and hand over the inspection records to the fire control institution of the public security organ at the corresponding level.

Seventeenth fire control institutions of public security organs shall promptly accept and register complaints about violations of fire safety, and deal with them in accordance with the provisions of Article 38 of the Procedures for Handling Administrative Cases by Public Security Organs.

Eighteenth fire control institutions of public security organs shall, in accordance with the following time limit, conduct on-site verification of fire safety violations reported and complained:

(a) to report complaints about occupying, blocking, closing evacuation passages, safety exits or other acts that hinder safe evacuation, and to stop using fire control facilities without authorization, it shall be verified within 24 hours after receiving the complaints;

(2) Reports and complaints about fire safety violations other than those mentioned in Item 1 of this paragraph shall be verified within three working days from the date of receiving the reports and complaints.

Upon verification, violations of fire safety shall be dealt with according to law. Handling the situation shall promptly inform the complainant; If it cannot be informed, it shall be indicated in the acceptance registration.

Nineteenth in the fire supervision and inspection, the fire department of the public security organ shall make a "Notice of Order to Correct" on the spot, and punish the fire safety violations that should be ordered to correct within a time limit or ordered to correct according to law.

If the illegal act is minor and corrected on the spot, administrative punishment may not be imposed according to law, or it may be ordered to make corrections orally, and it shall be noted on the inspection record.

Twentieth according to the law shall be ordered to make corrections within a time limit, should be based on the difficulty of illegal behavior correction to determine a reasonable time limit.

The fire control institution of the public security organ shall conduct a review within three working days from the date of expiration of the deadline for correction or receipt of the application for review by the party concerned. If no correction is made within the time limit, it shall be punished according to law.

Article 21 In the fire control supervision and inspection, if it is found that the urban and rural fire control safety layout and public fire control facilities do not meet the requirements of fire control safety, or there are major fire hazards affecting public safety in this area, the fire control institutions of public security organs shall organize collective research and determination, and put forward handling opinions within seven working days from the date of inspection, and the public security organs shall report in writing to the people's government at the corresponding level for handling; For major fire hazards that affect public safety, the unit with major fire hazards shall be notified in writing within three working days from the date of confirmation of rectification.

If the identification of major fire hazards involves complex or difficult technical problems, the fire control institution of the public security organ shall organize expert argumentation before identification. Where an expert demonstration is organized, the time limit specified in the preceding paragraph may be extended by ten working days.

Twenty-second fire control institutions of public security organs shall notify the relevant units or individuals to take immediate measures to eliminate fire hazards during fire supervision and inspection; If one of the following circumstances is not eliminated in time and may seriously threaten public safety, the dangerous parts or places shall be temporarily sealed up:

(a) the number of evacuation passages and exits is insufficient or seriously blocked, and the conditions for safe evacuation are no longer available;

(two) the building fire control facilities are seriously damaged and no longer have the function of fire prevention and extinguishing;

(three) in violation of fire safety regulations, the use and storage of flammable and explosive dangerous goods in crowded places;

(four) in violation of the technical standards for fire control, the use of flammable and combustible materials in the decoration of public gathering places may cause heavy casualties;

(five) other fire hazards that may seriously threaten public safety.

The period of temporary detention shall not exceed one month. However, if the fire hazard is not eliminated within the time limit, it is not subject to the time limit for sealing up.

Twenty-third temporary seizure shall be decided and implemented in accordance with the following procedures:

(a) to inform the parties of the facts, reasons and basis for the temporary seizure, to inform the parties of their rights according to law, and to listen to and record the statements and arguments of the parties.

(two) the person in charge of the fire control institution of the public security organ shall organize collective research to decide whether to implement temporary seizure. If it is decided to temporarily seal up, the scope, duration and implementation method of temporarily sealing up dangerous parts or places shall be clearly defined, and a decision on temporary sealing up shall be made and served within three working days from the date of inspection.

(3) Where temporary sealing-up is implemented, a decision on temporary sealing-up shall be posted in a prominent position of the sealed-up unit or place, and the dangerous parts and places and their related facilities and equipment shall be sealed up or other measures shall be taken to stop the production, operation or use of the dangerous parts and places.

(four) making a record of the implementation of temporary seizure. When necessary, on-site photography or audio and video recording can be carried out.

In case of emergency, if the immediate seizure may seriously threaten public safety, the fire supervision and inspection personnel may immediately seal up the dangerous parts or places after making an oral report to the person in charge of the fire control institution of the public security organ, and make a temporary seizure decision in accordance with the provisions of the second paragraph of the preceding paragraph within 24 hours after the temporary seizure, and serve it on the parties concerned.

Temporary seizure shall be organized and implemented by the person in charge of the fire control institution of the public security organ. Need to cooperate with other departments of the public security organ or the police station, the fire control institution of the public security organ shall report to the public security organ at a lower level for organization and implementation.

After the implementation of temporary seizure, if the parties request to enter the sealed dangerous parts or places to rectify the fire hazards, they shall be allowed. However, it shall not be produced, operated or used in sealed dangerous parts or places.

Twenty-fourth after the elimination of fire hazards, the parties concerned shall apply to the fire department of the public security organ that made the decision on temporary seizure for lifting the temporary seizure. The fire control institution of the public security organ shall make an inspection within three working days from the date of receiving the application, and make a decision on whether to agree to lift the temporary seal-up within three working days from the date of inspection and serve it on the parties concerned.

If it is confirmed through inspection that the fire hazard has been eliminated, it shall be decided to lift the temporary seizure.

Article 25. If a party commits an illegal fire safety act as stipulated in Item (3), Item (4), Item (5) and Item (6) of Paragraph 1 of Article 60 of the Fire Protection Law, and refuses to correct it after being ordered to do so, the fire control institution of the public security organ shall organize the compulsory removal or removal of relevant obstacles, and the expenses required shall be borne by the violator.

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

Article 26 Enforcement shall be decided and implemented according to the following procedures:

(a) to inform the parties of the facts, reasons and basis for the enforcement of the decision, to inform the parties of their rights according to law, to listen to the statements and arguments of the parties and to record them.

(two) the person in charge of the fire control institution of the public security organ shall organize a collective study of the compulsory execution plan, and make and serve the compulsory execution decision within five working days from the date when the party refuses to correct or the punishment decision expires.

(3) Where enforcement is carried out, the written decision on enforcement shall be posted in a conspicuous position of the unit or place to be executed, and the enforcement method specified in the written decision on enforcement shall be followed.

(four) making a record of the enforcement process. When necessary, on-site photography or audio and video recording can be carried out.

Enforcement shall be organized and implemented by the person in charge of the fire control institution of the public security organ that made the decision. Need to cooperate with other departments of the public security organ or the police station, the fire control institution of the public security organ shall report to the public security organ at a lower level for organization and implementation; Need to cooperate with other administrative departments, put forward opinions by the fire control institutions of public security organs, and report to the people's government at the same level for implementation.

Article 27 Where a party ordered to stop construction, stop using or stop production and business operation applies for resuming construction, use, production and business operation, the fire control institution of the public security organ shall conduct inspection within three working days from the date of receiving the written application, make a decision within three working days from the date of inspection and serve it on the party concerned.

If the party concerned has corrected the illegal acts of fire control safety and has the conditions for fire control safety, the fire control institution 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 and operation, and explain the reasons.

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

Twenty-eighth police stations should conduct daily fire supervision and inspection at least once a year for units within their daily supervision and inspection scope.

The public security police station shall promptly accept and handle the fire safety violations reported and complained by the masses according to law; If it is under the jurisdiction of the fire control institution of the public security organ, it shall be transferred to the fire control institution of the public security organ in a timely manner in accordance with the procedures for handling administrative cases by the public security organ.

Twenty-ninth public security police stations shall check the following contents when conducting daily fire supervision and inspection of units:

(a) whether the buildings and places have passed the fire control acceptance or fire control completion acceptance for the record according to law, and whether the public gathering places have passed the fire control safety inspection according to law before they can be put into use and business;

(two) whether to formulate a fire safety system;

(three) whether to organize fire inspection, fire safety publicity and education training, fire fighting and emergency evacuation drills;

(4) Whether the fire truck passage, evacuation passage and safety exit are unblocked, and whether indoor fire hydrants, evacuation signs, emergency lighting and fire extinguishers are in good condition and effective;

(five) whether the place where inflammable and explosive dangerous goods are produced, stored and operated is located in the same building as the residence.

For units with fire control facilities, the police station should also check whether the unit conducts a comprehensive inspection of building fire control facilities at least once a year.

Conduct daily fire supervision and inspection of residential property service enterprises. In addition to checking items (2) to (4) of the first paragraph of this article, the police station should also check whether the property service enterprise maintains the fire-fighting facilities used in the management area.

Thirtieth public security police station to conduct daily fire supervision and inspection of residents' committees and villagers' committees, shall check the following contents:

(a) whether the fire safety administrator is sure;

(two) whether to formulate the fire safety work system and the village (neighborhood) people's fire safety convention;

(three) whether to carry out fire prevention publicity and education, fire safety inspection;

(four) whether to maintain and manage the fire water sources (fire hydrants), fire truck passages and fire fighting equipment in communities and villages;

(five) whether to establish volunteer fire brigade and other forms of fire control organizations.

Thirty-first public security police station in the daily fire supervision and inspection, found that the inspected unit has one of the following acts, it shall be ordered to make corrections according to law:

(1) Failing to formulate a fire safety system or organize fire inspection, fire safety education and training and fire drills;

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

(3) Occupying, blocking or closing the passage of fire engines, which hinders the passage of fire engines;

(four) burying, occupying, blocking the fire hydrant or occupying the fire prevention space;

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

(six) in crowded places, set up obstacles on doors and windows that affect escape and fire fighting and rescue;

(seven) in violation of fire safety regulations, entering the production and storage places of inflammable and explosive dangerous goods;

(eight) the use of naked light in violation of regulations or smoking and using naked light in places where there is a danger of fire and explosion;

(nine) production, storage and management of inflammable and explosive dangerous goods in the same building and residence;

(ten) failing to conduct a comprehensive inspection of the building fire control facilities on a regular basis.

The public security police station found that the building of the inspected unit failed to pass the fire inspection according to law, or was put into use without authorization; If a public gathering place fails to pass the pre-use and pre-business fire safety inspection according to law and is used and operated without authorization, it shall be handed over to the fire control institution of the public security organ in writing within five working days from the date of passing the inspection.

When conducting daily fire control supervision and inspection, the police of the public security police station shall fill in the inspection records, record the fire safety violations found and order them to make corrections.

Thirty-second police station in the daily fire supervision and inspection, found that there is a serious threat to public safety, should be ordered to correct at the same time, a written report to the Township People's government or street offices and public security organs fire control institutions.

Chapter V Law Enforcement Supervision

Thirty-third fire control institutions of public security organs should improve the fire supervision and inspection system, establish law enforcement files, regularly evaluate the quality of law enforcement, and investigate the responsibility for law enforcement faults.

Fire control institutions of public security organs and their staff shall consciously accept the supervision of units and citizens when conducting fire control supervision and inspection.

Thirty-fourth fire control institutions of public security organs and their staff in the fire supervision and inspection in any of the following circumstances, the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(a) failing to produce and serve legal documents in accordance with the provisions, failing to perform the duties of fire control supervision and inspection in accordance with the provisions, and refusing to make corrections;

(two) allowing public gathering places that do not meet the fire safety conditions to pass the fire safety inspection;

(3) delaying fire safety inspection without reason and failing to perform duties within the statutory time limit;

(four) failing to organize fire supervision and spot checks in accordance with the provisions;

(5) Failing to notify the relevant units or individuals for rectification in time when finding the hidden danger of fire;

(six) the use of fire supervision and inspection authority to specify the brand and sales unit of fire products for users, or to specify fire safety technical service institutions, fire facilities construction, maintenance and repair units;

(seven) accepting the property or other illegitimate interests of the inspected unit or individual;

(eight) other acts of abuse of power, dereliction of duty and favoritism.

Thirty-fifth close relatives of the staff of fire control institutions of public security organs are strictly prohibited from operating fire control companies, contracting fire control projects and selling fire control products within their jurisdiction or business scope.

The staff of fire control institutions of public security organs who violate the provisions of the preceding paragraph shall be punished in accordance with the relevant provisions.

Chapter VI Supplementary Provisions

Thirty-sixth any of the following circumstances shall be identified as a fire hazard:

(a) affecting the safe evacuation of personnel or fire fighting and rescue operations, which cannot be corrected immediately;

(two) the fire control facilities are not kept in good condition and effective, which affects the fire prevention and extinguishing function;

(three) changing the fire zone without authorization, which is likely to lead to the spread and expansion of the fire;

(four) in violation of fire safety regulations in crowded places, the use and storage of flammable and explosive dangerous goods can not be corrected immediately;

(five) does not meet the requirements of urban fire safety layout, affecting public safety;

(six) other circumstances that may increase the substantial danger or harmfulness of the fire.

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

Thirty-seventh individual industrial and commercial households with fixed production and business premises and a certain scale should be included in the scope of fire supervision and inspection. The specific standards shall be determined and promulgated by the fire control institutions of the public security organs of provinces, autonomous regions and municipalities directly under the Central Government.

Thirty-eighth railway, transportation, civil aviation, forest public security organs in the implementation of fire supervision and inspection within their respective jurisdictions with reference to these provisions.

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

Article 40 These Provisions shall come into force as of May 1 2009. On June 9, 2004, the Regulations on Fire Supervision and Inspection (Order No.73 of the Ministry of Public Security) was abolished at the same time.