Who is responsible for the water shortage of fire hydrants in residential quarters?

In the process of fire fighting, the fire linkage system managed by the property management company failed, and the fire hydrant on the floor where the house involved was located could not supply water, which led to the failure of firefighters to receive water nearby to extinguish the fire, which led to the expansion of the fire and the property loss of the affected owners. Property companies that violate the entrustment contract of property management and the provisions of the Fire Protection Law on the maintenance and management of fire control facilities in the management area shall be liable for fire losses.

First, fire hydrants have no responsibility for water property rights.

In the process of fire fighting, the fire linkage system managed by the property management company failed, and the fire hydrant on the floor where the house involved was located could not supply water, which led to the failure of firefighters to receive water nearby to extinguish the fire, which led to the expansion of the fire and the property loss of the affected owners. Property companies that violate the entrustment contract of property management and the provisions of the Fire Protection Law on the maintenance and management of fire control facilities in the management area shall be liable for fire losses.

Second, the division of responsibilities

Article 18 of the Fire Protection Law, if the same building is managed or used by two or more units, the fire safety responsibilities of all parties shall be clarified, the responsible person shall be determined, and the evacuation passages, safety exits, building fire control facilities and fire truck passages used by * * shall be uniformly managed.

The realty service enterprise in the residential area shall maintain and manage the fire control facilities in the management area and provide fire safety prevention services.

Twenty-ninth units responsible for the maintenance and management of public fire control facilities shall keep public fire control facilities such as fire water supply, fire communication and fire truck passage intact and effective. In the course of road construction, if power, water and communication lines are cut off, which may affect the fire brigade's fire fighting and rescue, the relevant units must notify the local public security organ fire control institutions in advance.

Third, legal responsibility.

Fire Protection Law Article 60 If a unit violates the provisions of this Law and commits any of the following acts, it shall be ordered to make corrections and be fined between 5,000 yuan and 50,000 yuan:

(a) fire facilities, equipment or fire safety signs configuration, settings do not meet the national standards, industry standards, or not kept in good condition and effective;

(two) damage, misappropriation or unauthorized removal, stop using fire control facilities and equipment;

(3) Occupying, blocking or sealing evacuation passages and exits or other acts that hinder safe evacuation;

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

(five) occupy, block or close the passage of fire engines, which hinders the passage of fire engines;

(six) in crowded places, obstacles affecting escape and fire fighting and rescue are set on doors and windows;

(seven) after being notified by the fire department of the public security organ, failing to take timely measures to eliminate fire hazards.

Fourth, related cases

On New Year's Eve, the residence on 12 floor was suddenly looted by fire. Firefighters arrived and found that the fire hydrant on this floor could not receive water, so they had to receive water from the first floor to put out the fire, causing huge fire losses. The owner sued the court for compensation on the grounds that the property company neglected the management of fire hydrants. The lawsuit caused by the claim for waterless fire hydrant was finally decided by the Intermediate People's Court of Wuhan City, Hubei Province, and the residential property company compensated the owner for the loss of 1 10,000 yuan.

2011at 6 o'clock in the evening on February 2 nd, Mr. Li, who was visiting relatives and friends outside, suddenly received a phone call from the residential property company saying that his house was on fire.

Mr. Li rushed back to his home on the second floor of Jiefang Avenue/KLOC-0 in Hankou, Wuhan. At this time, the fire truck had arrived, but he found that there was no water supply from the fire hydrant on the 12 floor of the building, and there was no water supply on the upper and lower floors, so he had to connect the fire hydrant from the first floor to put out the fire. After 50 minutes of fighting, the fire was put out, but the Li family's property was basically burned out, and the steel bar was exposed at the top of the living room.

The fire department investigated that there were firecrackers in the fire room. On the second day after the fire broke out, the staff of the residential property company accepted the inquiry of the fire department and explained that the fire linkage system on the high floor had failed, so there was no water supply. 19 days later, the fire department issued a fire accident confirmation, saying that the cause of the fire did not exclude external fire sources and fireworks.

After the fire broke out, Mr. Li thought that due to poor property management, the fire-fighting facilities could not be used, which delayed the best time to put out the fire, causing a small fire to turn into a big fire and causing serious losses to his property, so he took the property management company to court.

The court of Jiang 'an District of Wuhan found in the first instance that the property management entrustment contract signed by the property company and the community industry committee stated that the property company should keep "fire fighting facilities and equipment in good condition, available at any time, and the fire fighting passage unblocked". It was also found out that on the eve of the Spring Festival, the property company had informed the time and place of setting off fireworks and firecrackers during the Spring Festival, and security was also arranged on New Year's Eve. After the fire broke out, the property paid the Li family a living allowance of 654.38 million yuan.

The court of first instance held that during the fire fighting, the fire linkage system managed by the property management company failed, the fire hydrant on the floor of the house involved could not supply water, and firefighters could not receive water nearby to extinguish the fire, which led to the expansion of the fire and the property loss of the affected owners. In violation of the provisions of the Property Management Entrustment Contract and the Fire Protection Law on the maintenance and management of fire protection facilities used in the management area, the property company must bear the responsibility of compensation for fire losses and order the property company to compensate the Li family for economic losses of 1 10,000 yuan. Mr. Li refused to accept the appeal.

After the trial of Wuhan Intermediate People's Court, the final judgment ordered the property company to compensate the Li family for various losses 1 10,000 yuan.