Measures of Shanghai Municipality on Fire Safety Management of Residential Property

Chapter I General Provisions Article 1 (Purpose and Basis)

In order to strengthen the fire safety management of residential properties in this Municipality, prevent and reduce fire hazards, and ensure personal and property safety, these measures are formulated in accordance with relevant laws and regulations such as the Fire Protection Law of People's Republic of China (PRC), the Regulations on Property Management, the Regulations on Fire Protection in Shanghai, and the Regulations on Residential Property Management in Shanghai. Article 2 (Scope of Application)

These Measures shall apply to the fire safety responsibilities, the setting and maintenance of fire control facilities, equipment and signs, and the daily fire safety management and supervision activities related to residential properties (including residential parts in the same building with other functional spaces) within the administrative area of this Municipality. Article 3 (Government Duties)

The District People's Government shall strengthen its leadership over the fire safety management of residential property within its administrative area, organize the implementation of practical government projects related to fire safety of residential property and provide financial guarantee, and urge the relevant departments of the District People's Government, sub-district offices and Township People's governments to perform their duties of fire safety management of residential property.

Sub-district offices and Township People's governments shall incorporate the fire safety management of residential properties into the scope of grass-roots social governance and urban grid comprehensive management, and coordinate and handle the comprehensive affairs and disputes of fire safety management of residential properties within their respective jurisdictions. Article 4 (Responsibilities of Departments)

The Municipal Public Security Bureau is the competent department in charge of fire safety management of residential properties in this city. City, district public security organs fire control institutions to guide and supervise the implementation of residential property fire safety management. The police station conducts daily supervision and inspection on the fire safety management of residential properties within its jurisdiction.

Housing and urban and rural construction management departments cooperate with the public security organs and their fire control institutions to provide industry guidance and supervision for property service enterprises to fulfill their responsibilities for residential property fire safety.

Urban management law enforcement departments shall, within the scope of their duties, do a good job in law enforcement related to fire safety of residential properties.

Planning, land resources, civil defense and other departments shall, in accordance with their respective responsibilities, do a good job in fire safety related work of residential properties. Article 5 (Self-discipline of Trade Associations)

Property management industry associations should play the role of industry self-discipline, formulate industry conventions on fire safety management of residential properties, urge property service enterprises to abide by relevant technical standards on fire safety of residential properties, and incorporate the performance of fire safety responsibilities of property service enterprises into the scope of industry integrity punishment and project evaluation. Article 6 (Publicity and Education)

Public security organs and their fire control institutions shall strengthen the publicity of laws, regulations and rules on fire safety of residential properties, and urge and guide relevant units to do a good job in publicity and education on fire safety of residential properties.

Radio, television, newspapers, internet and other news media should set up a column on fire safety education, carry out public welfare publicity on fire safety knowledge of residential properties, and supervise by public opinion the rectification of fire hazards involving residential properties.

Neighborhood (village) committees shall regularly carry out publicity and education on fire safety management of residential properties.

The realty service enterprise shall cooperate with the neighborhood (village) committee and the owners' committee to set up fire safety knowledge propaganda facilities in the residential property management area and carry out fire safety knowledge propaganda. Article 7 (Integrity Management)

For units and individuals who violate the regulations on fire safety management of residential properties, the public security organs and their fire control institutions shall provide their illegal information to the public credit information service platform of this Municipality in accordance with the regulations. If the illegal information has been included in the public credit information service platform of this Municipality, the public security organs, their fire control institutions and other administrative organs may take corresponding disciplinary measures according to law; Encourage market players to take corresponding restrictive measures. Article 8 (Insurance)

Encourage district people's governments, neighborhood offices and township people's governments to improve the insurance economic compensation mechanism, incorporate insurance into the residential property disaster prevention and rescue system, and give play to the role of insurance in solving contradictions and disputes in the aftermath of residential property fire accidents.

Encourage property service enterprises, owners and property users to take out fire public liability insurance or family property insurance.

Insurance companies are encouraged to take out fire public liability insurance and family property insurance. Article 9 (Civilized Community)

The city regards the fire safety of residential property as a reference for the selection of civilized residential areas. Communities with major fire hazards or major fire accidents may not participate in the selection of civilized communities. Chapter II Fire Safety Responsibility Article 10 (Entrusted Management and Self-management)

Where residential property is entrusted to a property service enterprise for management, the property service contract shall stipulate fire safety service matters. The property service contract stipulates fire safety prevention services, and shall not violate the provisions of laws, regulations and rules on fire safety obligations.

If the residential property is managed by the owners themselves, the executing agency responsible for self-management (hereinafter referred to as the owner's self-management agency) shall perform the relevant fire safety responsibilities as stipulated in Article 13 of these Measures.

Owners, owners' congresses, owners' committees, property service enterprises and owners' autonomous management institutions shall perform their respective fire safety obligations or responsibilities according to law. Article 11 (Obligations of Owners and Property Users)

Owners and property users shall perform the following fire safety obligations of residential property:

(a) abide by the temporary management statute of residential quarters and the fire safety matters agreed in the management statute, and implement the decisions of the owners' congress and the owners' committee on fire safety management;

(2) Use the property according to the purpose approved by the planning department of land and resources or the purpose specified in the certificate of real estate ownership;

(three) to cooperate with the realty service enterprise or the owner's own management institution to do a good job in fire safety;

(four) in accordance with the provisions of the maintenance, renewal and transformation of fire facilities related costs;

(five) do a good job in the fire safety of self-occupied houses, equipment and venues, and eliminate fire hazards in time;

(six) other fire safety obligations stipulated by laws, regulations, rules and fire technical standards.