Provisions on the Administration of Fire Control Safety of State Organs, Organizations, Enterprises and Institutions

Provisions on the Administration of Fire Control Safety of State Organs, Organizations, Enterprises and Institutions Provisions on the Administration of Fire Control Safety of State Organs, Organizations, Enterprises and Institutions Order of the Ministry of Public Security of the People's Republic of China (No.61) The Provisions on the Administration of Fire Control Safety of State Organs, Organizations, Enterprises and Institutions, which were adopted at the executive meeting of the Ministry of Public Security on October 19, 2001, are hereby promulgated, and shall come into force as of May 1, 2002. Minister of the Ministry of Public Security Jia Chunwang November 14, 2001 Provisions on the Administration of Fire Control Safety of State Organs, Organizations, Enterprises and Institutions Chapter I General Provisions Article 1 The present Provisions are hereby formulated in accordance with the Fire Control Law of the People's Republic of China , for the purpose of strengthening and regulating the administration on fire control safety of state organs, organizations, enterprises and institutions, preventing fire and reducing the danger of fire. Article 2 The present Provisions shall be applicable to the administration of fire control safety of the state organs, organizations, enterprises and institutions (hereinafter referred to as the entities) themselves, unless there are otherwise provisions of laws and regulations. Article 3 The entities shall abide by the fire control laws, regulations and rules (hereinafter referred to as the "fire control laws and regulations"), follow the policy of devoting major efforts into prevention and combining fire prevention with fire fighting for the fire control work, and perform the duty of fire control safety to ensure the fire control safety. Article 4 The legal representatives of entities with legal person status or the responsible person of the entities without the legal person status is the person-in-charge for fire control safety, and shall be responsible for the overall fire control safety work of their own entities. Article 5 The entities shall put into effect the responsibility system on fire control safety level by level and the post responsibility system on fire control system, clarify the responsibilities for the fire control safety under the above-mentioned two systems, and determine the person-in-charge for fire control safety at each level and each post. Chapter II Responsibilities for Fire Control Safety Article 6 The person-in-charge for fire control safety of an entity shall perform the following duties for fire control safety: 1. Implementing fire control laws and regulations to ensure that the fire control safety of the entity corresponds with the provisions, and getting to know the conditions of fire control safety of its own entity; 2. Planning as a whole the fire control work and the production, scientific research, business operation, management and other activities of the entity, and approving the implementation of annual plans for fire control work; 3. Providing necessary expenditures and organization safeguard for the fire control safety of its own entity; 4. Determining the duties for fire control safety at each level, and approving the operational procedures for the implementation of fire control safety system and for safeguarding fire control safety; 5. Organizing fire prevention inspection, urging the implementation of rectification on fire danger, and handling the major issues concerning fire control safety in time; 6. Establishing full time fire brigade and voluntary fire brigade in accordance with the fire control laws and regulations; and 7. Organizing to make preparatory plans for fire fighting and emergency evacuation conforming to the reality of its own entity and carry out fire drill. Article 7 The entities may determine the managers for fire control safety of their own entities upon the need, who shall be responsible to the person-in-charge for fire control safety of their own entities, and implement and organize to put into effect the following administration work for fire control safety: 1. Drawing out annual plans for fire control work, and organizing to implement routine administration work for fire control safety; 2. Organizing to formulate fire control safety system and operational procedures for safeguarding fire control safety, and making inspection on and urging its implementation; 3. Drawing out plans for capital investment and organization safeguard for the work of fire control safety; 4. Organizing fire prevention inspection and rectification on fire danger; 5. Organizing the maintenance on fire control facilities, fire extinguishers and marks on fire control safety, so as to ensure that they are in good conditions and available, and ensure that the evacuation passageways and safety exits are unblocked; 6. Organizing the administration on full time fire brigade and voluntary fire brigade; 7. Carrying out publicity and education and training on fire control knowledge and skill, organizing fire fighting and implementation of preparatory plans for emergency evacuation and fire drill; and 8. Other administration work for fire control safety as entrusted by the person-in-charge for fire control safety of the entities. The managers for fire control safety shall report the fire control safety conditions periodically to the person-in-charge for fire control safety, and report in time the grave issues concerning fire control safety. Where an entity has not assigned the manager for fire control safety, the person-in-charge for fire control safety of the entity shall be responsible for carrying out the administration work for fire control safety as prescribed in the preceding provisions. Article 8 Where a property right entity operates and manages by contract, lease or entrustment, it shall provide constructions meeting the requirements for fire control safety. And the parties shall clarify the responsibilities for fire control safety of each party in the contract they sign. The fire truck passageways, evacuation facilities relating to the public fire control safety, and other fire control facilities of the constructions shall be administered by the property right entity or entities it entrusts. The entities that operate and manage by contracting, leasing or entrustment shall abide by the present provisions, and perform duties of fire control safety within their own scope of use and management. Article 9 Where a construction has more than two property right entities and use entities, each of the property right entities and use entities shall clarify the responsibilities for the administration of fire truck passageways, evacuation facilities in relation to the public fire control safety, and other construction fire control facilities. And the administration shall be made by entrustment uniformly. Article 10 Realty management entities in the residential areas shall perform the following duties for fire control safety within the scope of administration: 1. Formulating fire control safety system, putting into effect the responsibilities for fire control safety, and carrying out publicity and education on fire control safety; 2. Carrying out fire prevention inspection, and eliminating hidden danger of fire; and 3. Ensuring that the evacuation passageways, safety exit and fire truck passageways are unblocked; and 4. Ensuring that the public fire control facilities and equipment and the marks on fire control safety are in good conditions and available. Other realty management entities shall be responsible for the work of administration on public fire control safety within the scope of administration by entrustment. Article 11 The host entities, undertaking entities, and entities providing fields for gatherings, fireworks evening parties, lantern parties, and other mass activities with fire danger, shall clarify the liabilities of each party for fire control safety in the contract they sign. Article 12 The construction entities shall be responsible for the fire control safety of the construction site of a construction project. In case a construction project is contracted generally, the entities of the general contract shall be responsible for the said fire control safety. The subcontract entities shall be responsible for the general contract entities, and submit themselves to the administration of the general contract entities on fire control safety of the construction sites. Where in a construction project, the construction entity only rebuilds, enlarges and makes decoration on part of the construction, it shall clarify the responsibilities for fire control safety of each party on the construction site in the contract it signs with the construction entity. Chapter III Administration on Fire Control Safety Article 13 The following entities are the key entities on fire control safety, who shall exercise strict administration in accordance with the requirements of the present Provisions: 1. Department stores and malls (markets), hotels (restaurants), stadiums (gymnasiums), auditoriums, public recreation places and other places where the public gather (hereinafter referred to as the public gathering places); 2. Hospitals, resthomes, and the boarding schools, nurseries or kindergartens; 3. Governmental organs; 4. Broadcasting stations, television stations, and hubs of post and communications; 5. Depots of passengers, wharfs and civilian airports; 6. Public libraries, exhibition halls, museums, archives, and cultural relic protection entities with fire danger; 7. Power plants or stations and enterprises undertaking the management of power grids; 8. Entities undertaking the production, filling and loading, storage, supply and sale of inflammable and explosive chemicals; 9. Labor-intensive production and processing enterprises of clothing or shoemaking; 10. Key scientific research entities; and 11. Other entities with higher risk of fire disaster and those where major casualties and deaths or heavy loss of properties may occur once a fire disaster happens. High-rise office buildings (or commercial buildings) or apartment buildings and other high-rise public buildings, urban subways, underground sightseeing tunnels and other underground public buildings and major traffic tunnels of the city, large warehouses and bases for storing grain, cotton, timber, and general commodities, and other materials in......