Provisions on the Investigation of Fire Accidents (2012 Revision)

Provisions on the Investigation of Fire Accidents (2012 Revision) Provisions on the Investigation of Fire Accidents (Issued by Order No. 108 of the Ministry of Public Security of the People's Republic of China on April 30, 2009, and amended according to the Decision of the Ministry of Public Security on Amending the Provisions on the Investigation of Fire Accidents (Order No. 121 of the Ministry of Public Security) on July 17, 2012) Table of Contents Chapter I General Provisions Chapter II Jurisdiction Chapter III Summary Procedure Chapter IV General Procedure Section 1 General Provisions Section 2 On-site Investigation Section 3 Inspection and Identification Section 4 Statistics of Fire Loss Section 5 Determination of Fire Accidents Section 6 Review Chapter V Handling of the Investigation of Fire Accidents Chapter VI Supplementary Provisions Chapter I General Provisions Article 1 In order to regulate the investigation of fire accidents, ensure that the fire departments of the public security organs can legally perform their duties, and protect the legitimate rights and interests of the parties in fire accidents, these Provisions are formulated in accordance with the Fire Prevention Law of the People's Republic of China. Article 2 These Provisions shall apply to the investigation of fire accidents conducted by the fire departments of public security organs. Article 3 The task of investigation of a fire accident is to investigate the cause of the fire, keep statistics on fire losses, handle the fire accident in accordance with the law, and summarize the lessons from the fire accident. Article 4 The investigation of fire accidents shall follow the principles of timeliness, objectiveness, fairness and impartiality. No entity or individual may obstruct or illegally intervene in the investigation of fire accidents. Chapter II Jurisdiction Article 5 The investigation of a fire accident shall be in the charge of the public security organ of the people's government at or above the county level, and be implemented by the fire department of the public security organ at the same level; where the fire department of the public security organ has not been established, the investigation of a fire accident shall be implemented by the public security organ of the people's government at the county level. The local police station shall assist the fire accident investigation department of the public security organ in maintaining the order on the scene of a fire accident, protecting the scene, control those suspected of causing the fire accident. The fire departments of the public security organs of railways, port and shipping, civil aviation and state-owned forestry shall be responsible for investigating the fire accidents occurred within their respective scope of fire supervision. Article 6 The investigation of a fire accident shall, according to the following division of work, be conducted by the fire department of the public security organ at the place where the fire occurs: 1. Where a fire has caused the deaths of more than ten persons, serious injuries to more than 20 persons or deaths and injuries together to more than 20 persons, or damage to more than 50 households, the fire department of the public security organ of the people's government in a province or autonomous region shall be responsible for organizing the investigation; 2. Where a fire has caused the deaths of more than one person, serious injuries to more than ten persons, or damage to more than 30 households, the fire department of the public security organ of the people's government in a districted city or a place at the level equivalent to districted city shall be responsible for organizing the investigation; and 3. Where a fire accident has caused serious injuries to less than ten persons, or damage to less than 30 households, the fire department of the public security organ of the people's government at the county level shall be responsible for the investigation. The fire department of the public security organ of the people's government in a municipality directly under the Central Government is responsible for organizing the investigation of a fire accident causing the deaths of more than three persons, serious injuries to more than 20 persons or deaths and injuries together to more than 20 persons, or damage to more than 50 households; while the fire department of the public security organ of the people's government in a district or county of the municipality directly under the Central Government shall be responsible for investigating other fire accidents. With regard to the investigation of a fire accident which has only caused the loss of property, the public security organ of the provincial people's government shall develop provisions on the jurisdiction in consideration of the local actual circumstances, and report them to the Ministry of Public Security for filing. Article 7 With regard to a fire that occurs across the administrative regions, the fire department of the public security organ at the place where the fire started first shall be responsible for the investigation in accordance with the division of the work in Article 6 of these Provisions, and the fire department of the public security organ in the relevant administrative region shall provide assistance. Where there is any dispute over jurisdiction, the disputing fire departments shall request their common public security organ at a higher level to specify jurisdiction. Where there is any dispute over the jurisdiction of a fire accident investigation in the charge of the public security organs of the people's government at the county level, their common superior public security organ shall specify the jurisdiction of the investigation. Article 8 The fire department of the public security organ at a higher level shall supervise and guide the investigation of fire accidents as conducted by the fire department of the public security organ at lower levels. The fire department of the public security organ at a higher level may, where it deems necessary, investigate a fire within the jurisdiction of the fire department of the public security organ at a lower level. Article 9 The fire department of the public security organ shall, after receiving a fire alarm, send personnel to the scene in a timely manner, and assign fire accident investigators to carry out the investigation of the fire accident. Article 10 Under any of the following circumstances, the fire department of the public security organ shall immediately report to the competent public security organ and ask the latter to inform the criminal investigation department of the public security organ which has jurisdiction over the fire accident, and the criminal investigation department of the public security organ shall immediately send personnel to the scene to participate in the investigation of the fire accident. In case of a suspected arson, the criminal investigation department of the public security organ shall file a case for criminal investigation, and the fire department of the public security organ shall provide assistance. 1. A fire accident causing any casualties 2. A fire accident which occurs at a department or an entity such as state organ, radio station, television station, school, hospital, nursing home, nursery, kindergarten, cultural protection entity, or postal, telecommunication or transport hub and has a great impact on the society; or 3. A fire accident due to suspected arson. Article 11 Where it is necessary for the fire department of the public security organ to assist in the investigation of a fire accident which occurs in military installations, the fire department of the public security organ of the provincial people's government or the Fire Department of the Ministry of Public Security shall assign fire investigation experts for assistance. Chapter III Summary Procedure Article 12 Where a fire accident concurrently has all of the following circumstances, it may be investigated under the summary procedure: 1. There are no casualties; 2. The direct property loss is minor; 3. The parties raise no objection to the facts of the fire accident; 4. There is no suspected arson. The specific criteria in Item (2) of the preceding paragraph shall be determined by the public security organ of the provincial people's government, and be submitted to the Ministry of Public Security for filing. Applies 13 Where a fire accident is investigated under the summary procedure, it may be investigated by one fire accident investigator, and the investigator shall carry out the investigation in accordance with the following procedure: 1. Showing his or her identity of law enforcement, and explaining the bases for the investigation; 2. Investigating and interviewing the parties and witnesses, and understanding how the fire occurred, the main property burned and damaged by the fire, the damage to buildings and other information about the fire accident; 3. Checking the scene of the fire accident, and taking photographs or recording a video; 4. Informing the parties of the facts found in the fire accident, listening to the opinions of the parties, and adopting the established facts, grounds or evidence offered by the parties; 5. On the spot, formulating a letter of determination of simplified investigation on the fire accident, and delivering the letter to the parties after the fire accident investigator and the parties have affixed their signatures or fingerprints on the letter. The fire accident investigator shall, within two ......