Provisions of Guangzhou Municipality on Fire Safety Management of Buildings

Article 1 In order to strengthen the management of building fire safety, prevent fires, and protect public interests and citizens' personal and property safety, these Provisions are formulated in accordance with the Fire Protection Law of People's Republic of China (PRC), the Measures of Guangdong Province for Implementing the Fire Protection Law of People's Republic of China (PRC) and relevant laws and regulations. Article 2 The term "distinguishing all buildings" as mentioned in these Provisions refers to all kinds of buildings and their ancillary facilities, equipment and related sites that have been completed and put into use and include multiple owners, of which the exclusive parts are owned by the owners alone and some are jointly owned by the owners.

The term "owners" as mentioned in these Provisions refers to natural persons, legal persons and other organizations that have exclusive ownership of all the exclusive parts of the building and ownership of * * * parts. Non-owner users refer to lessees and other actual users who distinguish exclusive parts of all buildings.

The term "property management unit" as mentioned in these Provisions refers to property management enterprises and construction units that manage all buildings according to law.

The property management and construction units mentioned in these Provisions shall be governed by the Regulations of Guangdong Province on Property Management. Article 3 These Provisions shall apply to the fire safety management of all buildings within the administrative area of Guangzhou.

The fire safety management of buildings owned by organs, organizations, enterprises, institutions or individuals alone shall be implemented in accordance with the People's Republic of China (PRC) Fire Protection Law and other laws, regulations and other relevant provisions. Article 4 The municipal public security organ is the administrative department in charge of building fire safety in this Municipality, and the municipal public security fire control institutions shall organize the implementation of these Provisions under the leadership of the municipal public security organ.

District, county-level city public security fire control institutions under the leadership of the public security organs at the same level, responsible for the implementation of these provisions within their respective jurisdictions.

Construction, planning, land and housing management, labor, production safety supervision, meteorological lightning protection and other departments within the scope of their respective duties, coordinate the implementation of these provisions.

The district and county people's governments shall take administrative measures according to law to supervise and manage the fire safety of all buildings within their respective jurisdictions. Under the leadership of the people's government at the corresponding level, all street offices shall perform their duties as prescribed by laws, regulations and these Provisions. Article 5 All buildings managed by property management companies entrusted by construction units and owners' congresses according to law shall pass the fire control acceptance.

The construction unit shall, at the same time as handing over all the buildings, hand over the drawings and materials related to building fire protection design to the owners' association and the property management enterprise.

For all buildings that have not passed the fire inspection, the construction unit shall implement property management, bear the cost of property management, and shall not entrust property management enterprises to manage them. Article 6 The owners who distinguish all buildings shall be responsible for the fire safety of their exclusive parts.

The property management enterprise shall be responsible for the fire safety of all buildings that have been handed over to the property management enterprise for management.

If the property management enterprise is not handed over, the construction unit shall be responsible for the fire safety of some buildings.

The construction unit shall bear all fire safety responsibilities for all buildings that have not been accepted by fire control; If the proprietary part has been transferred or leased, the owner or non-owner of the proprietary part shall also bear corresponding responsibilities for the fire safety of its proprietary part or special part according to law.

Before the implementation of these Provisions, if the building that fails to pass the fire inspection and acceptance, the construction unit has all been handed over to the property management enterprise for management, the property management enterprise and the construction unit shall make an agreement on the fire safety responsibility in the form of a property management entrustment contract or a fire safety responsibility letter; If there is no agreement, the construction unit shall be responsible. Article 7 Where all buildings are entrusted to a property management enterprise, the property management enterprise shall sign a fire safety responsibility letter with the owners' association or the construction unit, or specify the specific fire safety responsibilities of both parties in the property management service contract.

If all buildings are managed by the construction unit, the construction unit shall sign a letter of responsibility for fire safety with the owners' meeting, and clarify their specific fire safety responsibilities; If the owners' meeting is not established, the construction unit shall sign a letter of responsibility for fire safety with the owners.

In accordance with the provisions of the preceding two paragraphs, fire safety responsibilities are defined in accordance with the provisions of Articles 5, 6, 10 and 11 of these Provisions. Article 8 Owners or non-owners who use the exclusive part of a building without property management shall consult with each other on the fire safety responsibilities of some areas of the building, establish a fire safety coordination organization, and implement the fire safety responsibilities.

Sub-district offices shall organize owners or users of residential buildings that have not yet implemented property management within their jurisdiction to conduct self-management, guide them to establish fire safety coordination organizations, implement fire safety responsibilities, conduct regular supervision and inspection, find problems, promptly order rectification, and report to public security fire control institutions for handling.

Sub-district offices may entrust residents' committees to assist in the implementation of fire safety management responsibilities according to actual needs. Article 9 Where an owner delivers his proprietary part to others for use through lease, contracted operation or entrusted operation, he shall, in accordance with the provisions of Articles 6 and 11 of these Provisions, sign a fire safety responsibility letter with the non-owner user or specify the specific fire safety responsibility in the relevant lease, contracted operation or entrusted operation contract; If it is not clear, the non-owner user shall be responsible.