Fire Protection Law of the People's Republic of China (2021 Amendment)

Fire Protection Law of the People's Republic of China (2021 Amendment) 中华人民共和国消防法(2021修正) Fire Protection Law of the People's Republic of China (Adopted at the 2nd session of the Standing Committee of the Ninth National People's Congress on April 29, 1998; revised at the 5th session of the Standing Committee of the Eleventh National People's Congress on October 28, 2008; amended for the first time in accordance with the Decision of the Standing Committee of the National People's Congress to Amend Eight Laws Including the Construction Law of the People's Republic of China at the 10th Session of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on April 23, 2019; and amended for the second time in accordance with the Decision of the Standing Committee of the National People's Congress to Amend Eight Laws including the Road Traffic Safety Law of the People's Republic of China (including the Fire Protection Law, the Law on Import and Export Commodity Inspection, the Advertising Law, the Grassland Law, the Civil Aviation Law, the Customs Law and the Food Safety Law) at the 28th Session of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on April 29, 2021.) Contents Chapter I General Provisions Chapter II Prevention of Fire Disasters Chapter III Fire Protection Organizations Chapter IV Fire Fighting and Rescue Chapter V Supervision and Inspection Chapter VI Legal Liabilities Chapter VII Supplementary Provisions Chapter I General Provisions Article 1 This Law is formulated for the purposes of preventing fire disasters, reducing fire damages, strengthen the emergency response and rescue work, protecting the human and property safety and maintaining the public safety. Article 2 In the fire protection work, the policy of focusing on prevention and combining prevention with firefighting shall be observed, the principle of uniform governmental leadership, departmental supervision according to law, overall responsibilities of entities and active participation of citizens shall be followed, a safety accountability system for fire prevention shall be adopted, and a sound socialized fire protection network shall be established. Article 3 The State Council shall lead the fire protection work throughout the country. The local people's governments at all levels shall be responsible for the fire protection work within their respective administrative areas. The people's governments at all levels shall incorporate the fire protection work into the national economy and social development plans so as to ensure that the fire protection work be commensurate with the economic and social development. Article 4 The emergency management authority of the State Council shall supervise and administer the fire protection work throughout the country. The emergency management authority of a local people's government at or above the county level shall supervise and administer the fire protection work within its administrative area, and the fire and rescue department of such a people's government shall be responsible for carrying out the fire protection work. The fire protection work of a military facility shall be supervised and administered by the competent authority of the facility, with the help of the fire and rescue department. The fire protection work of an underground mine, nuclear power plant or offshore oil and natural gas rig shall be supervised and administered by the competent authority of the mine, plant or rig. Other departments of the people's government at or above the county level shall, within their respective functions, do a good job in the fire protection under this Law and other relevant laws and regulations. If any law or administrative regulation provides otherwise for the forest or grassland fire protection, the provisions of that law or administrative regulation shall prevail. Article 5 Any entity or individual shall have the obligation to maintain the fire safety, protect fire protection facilities, prevent fire disasters and report fire alarms. Any entity or adult shall have the obligation to participate in the organized firefighting work Article 6 The people's governments at all levels shall organize regular activities on fire protection publicity and education to raise citizens' awareness of fire safety. Organs, social groups, enterprises, public institutions and other entities shall intensify the fire protection publicity and education for their personnel. The emergency management authorities and the fire and rescue departments thereof shall intensify the publicity of laws and regulations on fire protection, and urge, direct and help the relevant entities to do a good job in the fire protection publicity and education. The competent administrative departments of education and human resources, schools, and relevant occupational training institutions shall incorporate the fire protection knowledge into the contents of education, teaching and training. The press, radio, television and other relevant entities shall carry out fire protection publicity and education geared to the society. Trade unions, communist youth leagues, women's federations and other groups shall organize the fire protection publicity and education by taking into consideration the characteristics of their respective objects of work. The villagers' committees and residents' committees shall assist the people's governments, public security authorities, emergency management authorities and other departments in intensifying the fire protection publicity and education. Article 7 The state shall encourage and support the scientific research and technical innovations on fire protection, popularize the use of advanced fire protection and emergency response and rescue technologies and equipment, and encourage and support the fire protection activities for public good conducted by social forces. Entities and individuals having made great contributions to the fire protection work shall be commended and rewarded under the relevant provisions of the state. Chapter II Prevention of Fire Disasters Article 8 The people's governments at all levels shall integrate the fire protection plan into the urban and rural planning, including the fire safety layout, firehouses, firefighting water supply, firefighting communications, fire truck passages, fire equipment, etc., and be responsible for organizing the implementation of the plan. If the urban and rural fire safety layout does not meet the fire safety requirements, it shall be adjusted and improved. If the public fire protection facilities and equipment are inadequate or do not meet the actual demands, efforts shall be made in the building, rebuilding, allocation or technological innovation thereof. Article 9 The fire protection design or construction of a construction project must conform to the national fire protection technical standards for project construction. The employer, as well as the designing, construction, project supervision and other entities, shall be responsible for the quality of fire protection design and construction according to law. Article 10 Construction projects of which the national fire protection technical standards for project construction require a fire protection design shall be governed by the fire protection design review and final inspection system for construction projects. Article 11 For a special construction project as specified by the housing and urban-rural development authority under the State Council, the construction employer shall submit fire protection design documents to the housing and urban-rural development authority for review, and the housing and urban-rural development authority shall be responsible for review results according to the law. For a construction project other than one specified in the preceding paragraph, the construction employer shall provide fire protection design drawings and technical information as needed for construction when applying for a construction license or approval of the construction commencement report. Article 12 Where a special construction project fails to undergo or is nonconforming as established by the fire protection design review, neither the construction employer nor construction contractor shall commence construction; and for any other construction project, if the construction employer fails to provide fire protection design drawings or technical information as needed for construction, the relevant department shall neither issue a construction license nor approve the construction commencement report. Article 13 Where the housing and urban-rural development authority under the State Council requires that an application for fire protection final inspection of an as-built construction project should be filed, a construction employer shall file such an application with the housing and urban-rural development authority. For a construction project other than one specified in the preceding paragraph, the construction employer shall report for recordation to the housing and urban-rural development authority after final inspection, and the housing and urban-rural development authority shall conduct random inspection. Where a construction project that is subject to fire protection final inspection according to the law fails or is nonconforming as established by the fire protection final inspection, it shall be prohibited from being put into use; and any other construction project that is nonconforming as established by random inspection conducted under the law shall cease to be used. Article 14 Specific measures for fire protection design, fire protection final inspection, filing and random inspection of construction projects shall be developed by the housing and urban-rural development authority under the State Council. Article 15 With respect to the fire safety inspection before a public gathering place is put into use or opens for business, the notification and undertaking administration shall apply. Before a public gathering place is put into use or opens for business, the owner or using entity shall apply to the fire and rescue department of the local people's government at or above the county level at the place where the place is located for fire safety inspection, give an undertaking that the said place complies with fire protection technical standards and management provisions, submit the required materials, and be responsible for its undertaking and the veracity of materials. The fire and rescue department shall examine the materials submitted by the applicant; and if the application materials are complete and of the statutory form, it shall grant a permit. The fire and rescue department shall, in accordance with the fire protection technical standards and management provisions, promptly inspect the public gathering place that gives an undertaking. If an applicant chooses not to adopt the notification and undertaking method, the fire and rescue department shall, within 10 working days from the date of acceptance of the application, inspect the place according to fire protection technical standards and management provisions. It shall grant a permit if the place satisfies fire safety requirements upon inspection. A public gathering place that has not obtained the permit from the fire and rescue department shall not be put into use or open for business. The specific measures for fire safety inspection shall be developed by the emergency management department of the State Council. Article 16 Organs, social groups, enterprises, public institutions and other entities shall perform the following fire safety duties: 1. to implement a fire safety accountability system, formulate the entity's fire safety bylaws and operating procedures for fire safety, and work out a firefighting and emergency evacuation preparedness plan; 2. to prepare fire protection facilities and apparatuses under the national standards and industrial standards, set up fire safety signs, and conduct regular testing and maintenance so as to ensure that they are in good condition and effective; 3. to make a thorough overhaul of the fire protection facilities in a building at least once a year so as to ensure that they are in good condition and effective, and archive complete and accurate overhaul records for future reference; 4. to ensure that the evacuation passages, safety exits and fire truck passages are clear and the fire and smoke compartmentation and fire separation distance meet the relevant fire protection technical standards; 5. to organize fire prevention inspections so as to eliminate potential fire risks; 6. to organize pertinent fire prevention drillings; and 7. to perform other fire safety duties as prescribed by laws and regulations. The major person in charge of an entity shall be the person responsible for the entity's fire safety. Article 17 The fire and rescue department of a local people's government at or above the county level shall determine the entities which have a higher risk of fire disaster and in which the occurrence of a fire disaster may result in serious casualties or property losses as the key fire safety entities within its administration area, and report the same via the emergency management authority to the people's government for archival purposes. The key fire safety entities shall perform the following fire safety duties besides those as described in Article 16 of this Law: 1. to determine a fire safety manager who shall organize the fire safety management of this entity; 2. to maintain the fire protection archives, determine the key fire safety spots, set up fire prevention signs, and conduct strict management; 3. to exercise daily fire prevention patrol and maintain patrol records; and 4. to offer pre-job fire safety training for employees and organize regular fire safety training and fire protection drilling. Article 18 For a same building managed or used by two or more entities, the fire safety responsibilities of each party shall be defined, and persons in charge shall be specified to manage the common evacuation passages, safety exits, fire protection facilities of the building and fire truck passages in a unified way. The realty service enterprise for a residential area shall maintain and manage the common fire protection facilities in the management area, and provide fire safety and prevention services. Article 19 In arrangement, a site for the production, storage or trade of dangerous articles such as flammables, and explosives shall not be in the same building as a residential site is, and shall keep a safe distance from a residential site. If a site for the production, storage or trade of any other articles and a residential site are arranged in the same building, the national fire protection technical standards for project construction shall be satisfied. Article 20 To hold a large-scale mass activity, the organizer shall apply to the public security organ for a safety permit, work out a firefighting and emergency evacuation preparedness plan, organize drillings, make a clear division of fire safety responsibilities, determine fire safety managers, keep the fire protection facilities and apparatuses complete, in good condition and effective, and ensure that the evacuation passages, safety exits, evacuation direction signs, emergency illuminations and fire truck passages conform to the provisions on fire protection technical standards and administration. Article 21 It shall be forbidden to smoke or use naked fire at a place with a risk of fire disaster or explosion. If it is necessary to use naked fire in the construction or in any other special case, the relevant party shall go through the formalities for a prior approval and take cor......