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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II FORMS AND METHODS OF SUPERVISION AND INSPECTION CHAPTER III SUPERVISION AND INSPECTION ITEMS CHAPTER IV PROCEDURES OF SUPERVISION AND INSPECTION CHAPTER V SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. For the purposes of strengthening the supervision over fire control, regulating the acts of supervising and inspecting fire control and ensuring the implementation of the regulations on fire control, the present Provisions are formulated in accordance with the Fire Control Law of the People's Republic of China. Article 2. The present Provisions shall apply to the supervision and inspection lawfully conducted by the public security institutions for fire control over the entities' compliance to the regulations on fire control. Article 3. The public security institutions for fire control of all the municipalities (municipalities directly under the Central Government, deputy-provincial-level cities, cities at the prefecture level, cities at county level and districts under the jurisdiction of cities), districts (prefecture, league), counties (banner) shall conduct supervision and inspection over fire control, accept the applications of the key fire control safety entities within their respective administrative area, and report them, upon verification, to the people's governments of the same level and the superior public security institutions for fire control for archival purposes. The superior public security institutions for fire control shall inspect and offer guidance to the inferior public security institutions for fire control in conducting supervision and inspection over fire control. Police stations shall conduct supervision and inspection over the fulfillment of fire control safety duties by the management entities of the residential areas, residents' commissions, villagers' commissions and the entities managed by them upon authorization of the superior public security organs. The public security institutions for fire control shall offer guidance in the work of supervision and inspection over fire control by the public security police stations. Article 4. An employee of a public security institution for fire control who is engaged in the supervision and inspection over fire control supervision and inspection shall have corresponding qualifications for the post. No one may take such a post unless he has got a corresponding certificate. An employee of a public security institution for fire control who is engaged in the supervision and inspection over fire control supervision and inspection shall not take such a post unless he passes the occupational fire control training. CHAPTER II FORMS AND METHODS OF SUPERVISION AND INSPECTION Article 5. The following are the main forms of fire control supervision and inspection of public security institutions for fire control: (1) Conducting a spot check over an entity; (2) Conducting fire control safety inspection over a public gathering place before it is put into use or starts business operations; (3) Conducting fire control safety inspection before holding a large-scale mass activity with the danger of fire; (4) Investigating into and punishing a illegal act that is informed or complained; and (5) Other forms of necessary fire control supervision and inspection. Article 6. A public security institution for fire control shall, in light of the rule and features of the fire disasters and the needs of important festivals and activities, organize supervisions and spot checks. It shall organize at least one supervision and spot check over all important fire control safety entities each half year, at least one over other entities each year. The Fire Control Bureau of the Ministry of Public Security and the public security institutions for fire control of all the provinces, autonomous regions and municipalities directly under the Central Government may organize supervisions and spot checks. Article 7. When supervisions and spot checks are organized, the to-be-inspected entities shall be randomly determined on the basis of different industries or regions. Article 8. The number of entities subject to spot check shall be decided in light of the number of the standards on the quantification of the supervision and inspection work. The specific quantification standards shall formulated by the public security institution for fire control of each province, autonomous region or municipality directly under the Central Government according to its actual situation. Article 9. When a public security institution for fire control organizes a supervision or inspection, it may announce the inspection scope, items, requirements and date in advance. The inspection results may be announced by circulating a notice or being released to the general public in any other proper form. It shall regularly announce to the general public information about the hidden serious fire danger. CHAPTER III SUPERVISION AND INSPECTION ITEMS Article 10. Where a public security institution for fire control conducts a spot check, it shall check the following items: (1) Whether or not the building or place of the inspected entity passes the fire control design check, fire control acceptance check and fire control safety check conducted by the public security institution for fire control; (2) Whether the nature of the uses of the building meets the relevant requirements or not; (3) Whether or not the disperse passageway, safety exit, disperse indication signs and emergency lumination, fire truck passageway, fire and smoke prevention area, fire prevention space meet the relevant requirements; (4) Whether the operation of fire control facilities, hydrants and fire extinguishing equipment meet the relevant requirements or not; (5) Where the personnel on duty in the fire control room have corresponding certificates; and (6) Other items necessary to be checked. With regard to Items (3) and (4) in the preceding paragraph, the places and the number to be inspected may be decided by way of spot check. Article 11. Where an application is filed to a public security institution for fire control for fire control safety check over any of the following public gathering places before it is put into use or starts business operations, it shall check the following items in accordance with the law: (1) Singing and dancing rooms, cinemas and other public entertainment places; (2) Hotels and restaurants; (3) Emporiums and market places (4) Gymnasiums and auditorium; (5) Other places that shall not be put into use or the business operations of which shall not be started unless they pass the fire control safety check in accordance with the law. Article 12. The fire control safety check over a public gathering place prior to being put into use or the starting of business operations shall include the following items: (1) Whether it passes the fire control design examination and fire control acceptance check by the public security institution for fire control; (2) Whether or not the disperse passageway, safety exit, disperse indication signs and emergency lumination, fire truck passageway, fire and smoke prevention area, fire prevention space meet the relevant requirements; (3) Whether or not the operation of fire control facilities, hydrants and fire extinguishing equipment meet the relevant requirements; and (4) Other items necessary to be checked. With regard to Items (2) and (3) in the preceding paragraph, the places and number to be inspected may be decided by way of spot check. Article 13. Before a large-scale mass activity with the danger of fire, such as large gathering, fireworks evening party or lantern party, is held, the spot of such an activity shall be subject to a fire control safety check that include the following items: (1) Whether or not the buildings (places) for indoor activities pass the passes the fire control design check, fire control acceptance check and fire control safety check conducted by the public security institution for fire control; (2) Whether or not the disperse passageway, safety exit, disperse indication signs and emergency lighting of the buildings for indoor activities meet the relevant requirements; (3) Whether or not the operation of fire control facilities, hydrants and fire extinguishing equipment meet the relevant requirements; and (4) Other items necessary to be checked. With regard to Items (2) and (3) in the preceding paragraph, the places and number to be inspected may be decided by way of spot check. CHAPTER IV PROCEDURES OF SUPERVISION AND INSPECTION Article 14. When a public security institution for fire control conducts a fire control supervision inspection, the personnel of fire control supervision and inspection shall not be less than 2. They shall wear police costumes and show their law enforcement identity certificates. Article 15. When the personnel of fire control supervision and inspection conduct a fire control supervision and inspection, they shall fill in the Fire Control Supervision and Inspection Records. After the inspection is finished, the Fire Control Supervision and Inspection Record shall be given to the main responsible person of the inspected entity for confirmation and signature. If he has any objection to the records or refuses to sign the record, the personnel of fire control supervision and inspection shall note down the relevant information. The Fire Control Supervision and Inspection Record shall be submitted to the public security institution for fire control, to which it is subordinate, for archival purposes. Article 16. Where an application is filed for the fire control safety inspection over a large-scale mass activity or public gathering before it is held, is put into use or before the business operations thereof starts, the public security institution for fire control shall, within 4 working days after it accepts the application in accordance with the law, conduct an inspection over the spot, and shall make and serve a Fire Control Safety Check Opinion on the applicant within 3 working days. Article 17. Where a public security institution for fire control is informed or complained that a safety exit is locked or an disperse passageway is blocked, it shall conduct a check within 24 hours; if it receives any information or complaint about other illegal acts of fire control, it shall conduct a check within 4 working days. If the circumstance is true, the violator shall be punished in accordance with relevant provisions. The informer or complainant shall be timely informed of the information about the check and punishment; if it is unable to do so, it shall state the circumstance in the Records of Punishment on Informed or Complained Illegal Acts of Fire Control. Where a public security institution for fire control is informed or complained about an illegal act of fire control, it shall fill out the Records of Punishment on Informed or Complained Illegal Acts of Fire Control. If the informer or complainant demands to keep relevant information confidential, it shall do so. Article 18. Where the public security institution for fire control finds any of the following circumstances when it conducts fire control supervision and inspection, it shall determine it as a hidden fire danger: (1) Something affects the safe disperse of people or fire extinguishing act and cannot be rectified immediately; (2) The fire control facilities aren't in good condition, and thus will affect the fire extinguishing function; (3) Changing the fire prevention area without permission and thus likely results in the spread of fire; (4) Using or storing inflammable or explosive chemicals in a public gathering place by violating the fire control safety provisions, but the violator cannot get right immediately; or (5) Not meeting the requirements for the urban fire control safety arrangement, thus affecting the safety of the public. If any of the circumstances mentioned in the preceding paragraph is very serious and it is possible to cause any severe fatalities or injuries of people or serious property losses, this circumstance shall be determined as a serious fire danger. Article 19. When conducting a supervision and inspection, if the personnel of fire control supervision and inspection find any of the following circumstances, they shall order the violator to get right, fill out the Fire Control Supervision and Inspection Records and give it (him) a punishment in pursuance of the law: (1) Anyone who, in violation of pertinent rules and regulations, enters a place where inflammable or explosive dangerous articles are produced and stored; (2) Anyone who uses naked light in operation or who, in violation of a ban, smokes, uses naked light in places with the danger of fire or explosion; (3) Making a safety exit locked or covered, or occupying the fire prevention space, or obstructing the disperse passageway; (4) Hampering the use of the fire control facilities or fire extinguishing equipment by covering them, or appropriating them for other uses; (5) The normal closed fire door is unlocked, or stacking articles under the fire resistant roller shutter; (6) Closing the fire control facilities or cutting off the fire control power by violating the relevant rules and regulations; (7) Producing, using, storing, selling, transporting or destroying dangerous flammable and explosive articles by violating the provisions on fire control safety; or (8) Other fire control offences that shall be corrected immediately. Article 20. When conducting a supervision and inspection, if the personnel of fire control supervision and inspection find any of the following circumstances, they shall order the violator to get right immediately: (1) Constructing a project without submitting its fire control design to the public security institution for fire control for examination and approval or fails to pass the examination and approval thereof; (2) After the completion of a construction project with fire control design pursuant to the law, the construction project is put into use without going through or passing the fire control acceptance check; (3) A public gathering place is put into use or the business operations thereof start without going through or passing the fire control safety inspection; (4) Loosening the fire control technical standards on construction without permission, using construction parts or materials not meeting the standards of the state or those of the industry, or using unqualified decoration or ornament materials; (5) Setting up collective employee dormitories in a same building as a workshop or warehouse; (6) The fire control facilities, fire extinguishing equipment or fire control safety marks don't meet pertinent requirements, but the violator can't be corrected immediately; (7) There is a barrier or any other obstruction, which may affect the disperse, in a safety exit or disperse passageway, but the violator can't be corrected immediately; (8) The fire or smoke prevention area doesn't meet the national technical standards on engineering construction fire control, or the fire truck passageway or fire prevention space is occupied, but the violator can't get right immediately; (9) The installation of electrical appliances and gas utensils or the laying of circuits and pipelines doesn't meet relevant technical requirements for fire control safety; or (10) Other fire control offences that can't be rectified immediately. Article 21. Where it is found that the fire control safety conditions of a populous place or a production or storage place (building) of flammable and explosive chemicals, which has already been put into use in accordance with the law but fails to meet the national technical fire control standards on engineering construction when the present Provisions are promulgated, the entity concerned shall be ordered to rectify within a time limit according to the following requirements: (1) The safety disperse facilities fail to meet pertinent requirements, but it is unnecessary to change the construction structure, it shall complete the rectification within 10 days; if it has to change the construction structure, it shall complete the rectification within 1 month; (2) If it fails to set up an automatic fire extinguishing system or automatic fire disaster alarm system as required, it shall complete the rectification within 1 year. Article 22. As for an entity that is ordered to make rectification within a time limit, the public security institution for fire control shall make a Notification Letter about Making Rectification within a Time Limit. As for an entity with serious fire danger, it shall make a Notification Letter about Rectifying Serious Fire Danger within a Time Limit. It shall serve the said Notification Letter on the entity concerned within 4 working days. When determining the rectification within a time limit, it shall take into consideration the actual circumstances of the entity concerned so as to decide a reasonable time limit and form of rectification. When determining a serious fire danger and time limit for rectifying it, the person-in-charge of the public security institution for fire control shall organize collective discussions; if it involves any complicated or difficult technical problem, he shall organize experts to appraise the case before making a decision. If it is necessary to organize to appraise a case, 10 working days may be extended for serving the corresponding notification letter on the entity concerned. The public security institution for fire control shall order the entity to take measures to ensure the fire control safety and to prevent any fire disaster during the rectification period. Article 23. As for an entity that can't complete the rectification within a time limit for justifiable reasons, it may file a written extension application to the public security institution for fire control prior to the expiration of the time limit for rectification. The public security institution for fire control shall examine the extension application, decide to approve it or not, and shall make and serve a Notification Letter about Approval / Disapproval of Extending Time Limit for Rectification on the applicant within 3 working days after it accepts the application. Article 24. The public security institution for fire control shall recheck the rectification within 4 working days from the next day of the expiration date of the rectification time limit, and shall make and serve a Recheck Opinion on the entity concerned within 3 working days from the recheck day. Any entity that fails to get right within the time limit shall be punished in pursuance of the law. Without any justifiable reason, if it fails to get right within the time limit, it shall be given a severer punishment. Article 25. Where a public security institution for fire control finds, in its fire control supervisions and inspections, that the municipal fire control safety arrangement or public fire control facilities don't meet pertinent fire control safety requirements, it shall submit a written a report to the local people's government or send a written notification letter to relevant department to request it to solve the problem. If it finds a hospital, home for the old, school, kindergarten, subway or entity producing or storing flammable and explosive chemicals with serious fire danger, and this entity is unable to solve the problem by itself, or it is difficult to rectify the serious fire danger of this area that may affect the safety of the public, it shall request the local people's government to solve it by submitting a written report to it. Article 26. As for anyone who holds a mass activity with fire danger without permission or can't eliminate the hidden fire danger on the spot, the public security institution for fire control shall order it to stop holding the activity and shall make a Notice about Ordering to Stop Holding the Activity on that very day. If the circumstance is very urgent, it shall serve on it without delay and shall give it a punishment pursuant to law. Article 27. With regard to a public gathering place that has already been put into use or has already been operated in accordance with the law, if the public security institution for fire control finds that there is any serious fire danger during the period when this place is used or operated and it fails to make rectification within the time limit, thus failing to meet the fire control safety conditions, it shall not only punish it in pursuance of the law, but also revoke the former Fire Control Safety Check Opinions about approving its using this place or starting business operations. It shall make and serve a Decision of Revoking the Approval on it within 3 working days. Article 28. Where a public security institution for fire control implements the punishments such as warning, monetary penalty, ordering to stop construction, stopping using, stop production and business and confiscation of products and illegal gains, it shall, under relevant regulations and legal procedures, make a punishment decision and a Public Security Administrative Punishment Decision or On-the-spot Punishment Decision. Where an order to stop production and business, construction or use may have an important bearing on the economic and social life, the local people's government shall be reported and requested to make a decision. Where a party concerned fails to perform a fire control administrative decision, the public security institution for fire control may, in accordance with the law, take measures or apply to the people's court to conduct mandatory enforcement. Article 29. When a public security institution for fire control urges anyone to rectify a fire control offence or to rectify a hidden fire danger, or when it enforces a punishment, it may summon relevant liable persons if it is necessary to do so. When it summons a liable person, it shall use the certificate of summons. Article 30. With regard to an entity that is ordered to stop construction, use, production, business or holding, if it meets the fire control safety conditions upon rectification, the entity shall file a written application for resuming the construction, use, production, business or holding. The public security institution for fire control shall check it within 4 working days after it accepts the application. If it is confirmed upon check that the entity has corrected its fire control offence and meets the fire control safety conditions, it shall be allowed to resume construction, use or holding. The public security institution for fire control shall make and serve the Fire Control Safety Check Opinion on the aforesaid entity within 3 working days as of the date of check. Article 31. With regard to a legal document made by a public security institution for fire control according to the present Provisions, it shall be filled out in strict accordance with the law, shall be issued under pertinent procedures and shall be affixed with the seal of the public security institution for fire control. If it gives a punishment of detention, the legal document shall be affixed with the seal of the public security organ. The legal documents and records relating to the fire control supervision and inspection conducted by the public security institution for fire control shall be uniformly kept as archive files for consultation. The public security institution for fire control of a province, autonomous region or municipality directly under the Central Government shall formulate procedures and administrative provisions on legal documents relating to fire control and supervision. Article 32. Where a public security institution for fire control or any of its functionaries commits any of the following acts by violating the present provisions in the fire control supervision and inspection work, abusing its (his) power, neglecting its (his) duties or seeking private interests, if such act doesn't constitute a crime, the liable person(s) shall be given an administrative sanction in pursuance of the law: (1) Failing to make or serve the legal documents under pertinent provisions, failing to conduct recheck within the prescribed time limit, or any other act of failing to perform or delaying the performance of fire control supervision and inspection duties, failing to get right though such act is pointed out; (2) With regard to a fire control safety inspection application accepted by it in accordance with the law, it fails to check or finds that the applicant doesn't meet the fire control safety requirements, but it approves its construction, use, production, business or holding; (3) Creating difficulties for the party concerned deliberately; (4) Practicing fraud in the fire control supervision and inspection work; (5) Designating the distribution entities and trademarks of fire control products, or entities of construction, maintenance or testing by taking the advantage of his power; (6) Accepting or extorting properties from the party concerned or seeking other inappropriate interests; (7) Apportioning various fees forcibly to the party concerned, charging fees randomly; or (8) Other acts of abusing its (his) power, neglecting its (his) duties and seeking private benefits. CHAPTER V SUPPLEMENTARY PROVISIONS Article 33. The "entities" mentioned in the present Provisions include government organs, social groups, enterprises and public institutions. An industrial and commercial individual household with fixed business place or certain scale shall be listed into the supervision and inspection scope and shall be subject to fire control supervision and inspection according to the present Provisions. Article 34. The standards on defining a public gathering place with a certain scale and an industrial and commercial individual household shall be determined and announced by the public fire control institution of each province, autonomous region or municipality directly under the Central Government. Article 35. The term "populous places" mentioned in the present Provisions refers to the following places: (1) Hotels, restaurants, Emporiums and market places, gymnasiums, auditoriums, public entertainment places and other public gathering places; (2) Outpatient buildings and ward buildings of hospitals, teaching buildings, libraries and collective dormitories of schools, beadhouses, nurseries and kindergartens; (3) The waiting halls (buildings) in passenger transport stations, docks and civil airports; (4) The reading rooms of public libraries and exhibition halls of public exhibition places; (5) The production and processing workshops, collective employee dormitories of labor-intensive enterprises. Article 36. The formats for the legal documents and forms mentioned in the present Provisions shall be formulated by the Ministry of Public Security. Article 37. The scope, procedures, power of administrative punishment, public security police stations and legal documents of the public security police stations shall be specified by the public security organs of the provinces, autonomous regions or municipalities directly under the Central Government according to the present Provisions. Article 38. The present Regulations shall be implemented as of September 1, 2004. The Provisions on Fire Control Supervision and Inspection (No. 36 of the Ministry of Public Security) issued and implemented on December 9, 1998 shall be abolished simultaneously. |
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