Interim Provisions on the Administration of Fire Protection Design Review and Final Inspection of Construction Projects (2023 Amendment)

Interim Provisions on the Administration of Fire Protection Design Review and Final Inspection of Construction Projects (2023 Amendment)

(Promulgated by Order No. 51 of the Ministry of Housing and Urban-Rural Development of the People's Republic of China on April 1, 2020 and amended in accordance with Order No. 58 of the Ministry of Housing and Urban-Rural Development on August 21, 2023)

Chapter I General Provisions

Article 1 For the purposes of strengthening the administration of fire protection design review and final inspection of construction projects and ensuring the fire protection design and construction quality of construction projects, these Provisions are formulated in accordance with the Construction Law of the People's Republic of China, the Fire Protection Law of the People's Republic of China, the Regulation on the Quality Management of Construction Projects and other laws and regulations.

Article 2 These Provisions shall apply to the fire protection design review and fire protection final inspection of special construction projects as well as the recordation and the fire protection final inspection recordation (hereinafter referred to as “recordation”) and random inspection of other construction projects.

For the purpose of these Provisions, “special construction projects” means the construction projects listed in Article 14 of these Provisions.

For the purpose of these Provisions, “other construction projects” means the construction projects, other than special construction projects, requiring fire protection designs in accordance with the national technical standards of fire protection for construction projects.

Article 3 The competent department of housing and urban-rural construction of the State Council shall be responsible for guiding and supervising the fire protection design review and final inspection of construction projects nationwide.

The competent department of housing and urban-rural development of the local people's government at or above the county level (hereinafter referred to as the “competent department of fire protection design review and final inspection”) shall undertake the fire protection design review, fire protection final inspection, recordation and random inspection of construction projects within their respective administrative regions.

The department in charge of fire protection design review, fire protection final inspection, recordation and random inspection of a construction project across administrative regions shall be designated by the common competent department of at the next higher level of the competent department of fire protection design review and final inspection in the administrative regions where the construction project is located.

Article 4 The competent department of fire protection design review and final inspection shall utilize information technology such as Internet technology to conduct fire protection design, fire protection final inspection, recordation and random inspection, establish and improve a credit management system for relevant entities and their employees, and continuously enhance the level of government services.

Article 5 The expenses required in the fire protection design, fire protection final inspection, recordation and random inspection conducted by the competent department of fire protection design review and final inspection shall be governed by the provisions of the Administrative License Law of the People's Republic of China and other relevant laws and regulations.

Article 6 The competent department of fire protection design review and final inspection shall promptly inform the fire and rescue departments of the information on fire protection final inspection, recordation and random inspection, and share materials such as the building plans, fire facility layout plans, and fire facility system drawings with the fire and rescue departments.

Article 7 Staff members engaged in the fire protection design review and final inspection of construction projects as well as employees of entities such as construction entities, design entities, construction contractors, project supervision entities, and technical service providers shall have the corresponding professional technical capabilities, and attend vocational training on a regular basis.

Chapter II Fire Protection Design and Construction Quality Responsibilities and Obligations of Relevant Entities

Article 8 In a construction project, the construction entity shall assume the primary responsibility for the fire protection design and construction quality of the construction project in accordance with the law. Entities such as design entity, construction contractor, project supervision entity, and technical service provider shall assume the entity responsibility for the fire protection design and construction quality of the construction project in accordance with the law. Employees of design entity, construction contractor, project supervision entity, and technical service provider shall assume the corresponding personal responsibility for the fire protection design and construction quality of the construction project in accordance with the law.

Article 9 A construction entity shall fulfill the following fire protection design and construction quality responsibilities and obligations:

(1) It shall not expressly or impliedly allow any entity such as a design entity, construction contractor, projects supervision entity, or technical service provider or any of its employee to violate laws and regulations regarding construction projects as well as the national technical standards of fire protection for construction projects or reduce the fire protection design and construction quality of any construction project.

(2) It shall apply for the fire protection design review and fire protection final inspection of a construction project in accordance with the law, undergo recordation formalities and accept random inspection.

(3) It shall entrust the supervision of fire protection construction quality in accordance with the law where a construction project is subject to project supervision.

(4) It shall entrust design entities, construction contractors and project supervision entities with appropriate qualifications.

(5) It shall select qualified fire protection products and the building materials, components and equipment subject to fireproof performance requirements based on the fire protection design requirements and contracts for a construction project.

(6) It shall check whether a construction project meets the fire protection requirements when arranging for relevant entities to conduct the final inspection of the as-built construction project.

(7) It shall handover archives related to fire protection of a construction project to the archives administrative department in a timely manner in accordance with the law.

Article 10 A design entity shall fulfill the following fire protection design and construction quality responsibilities and obligations:

(1) It shall design in accordance with the laws and regulations of construction projects and the national technical standards of fire protection for construction projects, formulate the fire protection design documents which meet the relevant requirements, and shall be prohibited from violating the compulsory requirements of the national technical standards of fire protection for construction projects.

(2) The fire protection products used in design documents and the building materials, components and equipment subject to fireproof performance requirements shall be indicated with specification, performance and other technical indicators, and shall meet the standards prescribed by the state.

(3) It shall participate in the final inspection of as-built construction projects organized by construction entities, affix the seal to the implementation of the fire protection design of construction projects for confirmation, and shall be responsible for the fire protection design quality of construction projects.

Article 11 A construction contractor shall fulfill the following fire protection design and construction quality responsibilities and obligations:

(1) It shall organize the construction in accordance with the laws and regulations regarding construction projects, the national technical standards of fire protection for construction projects and the fire protection design documents which have passed the fire protection design review or meet the needs of construction projects, and shall be prohibited from commencing construction after altering the fire protection design without authorization or from reducing the construction quality.

(2) It shall check the quality of fire protection products and the building materials, components and equipment subject to fireproof performance requirements according to the fire protection design requirements, construction technical standards and contracts, use qualified products, and guarantee the fire protection construction quality.

(3) It shall participate in the final inspection of as-built construction projects organized by construction entities, affix the seal to the fire protection construction quality of construction projects for confirmation, and shall be responsible for the fire protection construction quality of construction projects.

Article 12 A project supervision entity shall fulfill the following fire protection design and construction quality responsibilities and obligations:

(1) It shall conduct supervision of projects in accordance with the laws and regulations regarding construction projects, the national technical standards of fire protection for construction projects, as well as the design documents which have passed the fire protection design review or satisfy the needs of projects.

(2) It shall verify the product quality certificates before the use or installation of the fire protection products as well as the building materials, components and equipment subject to fireproof performance requirements, and shall be prohibited from approving the use or installation of unqualified fire protection products and the building materials, components and equipment which fail to meet the fireproof performance requirements.

(3) It shall participate in the final inspection of as-built construction projects organized by construction entities, affix the seal to the fire protection construction quality of construction projects for confirmation, and shall assume the supervisory responsibility for the fire p......