Provisions on the Supervision and Inspection over Fire Protection (2012 Revision)

Provisions on the Supervision and Inspection over Fire Protection (2012 Revision) Provisions on the Supervision and Inspection over Fire Protection (Issued according to the Order No. 107 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 Supervision and Inspection over Fire Control (Order No. 120 of the Ministry of Public Security) on July 17, 2012) Contents Chapter I General Provisions Chapter II Forms and Content of Supervision and Inspection over Fire Protection Chapter III Procedures of Supervision and Inspection over Fire Protection Chapter IV Routine Supervision and Inspection over Fire Protection Conducted by a Police Station Chapter V Law Enforcement Supervision Chapter VI Supplementary Provisions Chapter I General Provisions Article 1 In order to strengthen and regulate the supervision and inspection over Fire Protection, and urge government organs, public organizations, enterprises, pubic institutions and other entities (hereinafter referred to as the “entities”) to perform their fire safety duties, these Provisions are formulated in accordance with the Fire Protection Law of the People's Republic of China . Article 2 These Provisions shall apply to the supervision and inspection over fire protection lawfully conducted by the fire departments of the public security organs and the police stations for the entities' compliance to fire protection laws and regulations. Article 3 The fire departments of the public security organs of a municipality directly under the Central Government, a city (district, autonomous prefecture or league), or a county (municipal district, city at the county level, or banner) shall specifically conduct supervision and inspection over fire protection, and determine key fire safety entities within its jurisdiction, and report the key entities by the public security organs to the people's government at the same level. A police station shall carry out routine supervision and inspection over the performance of fire safety duties by property service enterprises in the residential areas, residents' committees and villagers' committees, and over the entities determined by the public security organ at a higher level. The scope of the entities where the public station conducts routine supervision and inspection over fire protection shall be researched and drafted jointly by the fire department of the provincial public security organ and be reported to the provincial public security organ for determination. Article 4 The fire department of the public security organ at a higher level shall guide and supervise the implementation of the supervision and inspection over fire protection by the fire departments of the public security organs at a lower level. The fire department of the public security organ shall, jointly with the police station, effectively conduct supervision over fire protection within its jurisdiction, direct police stations to develop routine supervision and inspection over fire protection, and regularly conduct the supervision training over fire protection for the police officers of police stations. Article 5 The fire departments of the public security organs may announce the results of supervision and inspection over fire protection to the public in an appropriate way, regularly announce the potential fire hazards which are found in the inspection and may affect the public security, and remind the general public of fire safety. Chapter II Forms and Content of Supervision and Inspection over Fire Protection Article 6 The forms of supervision and inspection over fire protection shall include: (1) Conducting fire safety inspection over a public gathering place before it is put into use or open for business; (2) Conducting supervision and spot check over the performance of statutory fire safety duties by the entities; (3) Examining those illegal acts on fire safety that are reported or complained; (4) Conducting fire safety inspection before a large-scale mass activity is held; (5) Other necessary supervision and inspection over fire protection. Article 7 The fire department of the public security organ shall, in consideration of the rules and features of fire disasters and the other fire safety needs of this region, organize supervision and spot check; and it shall organize supervision and spot check in frequent fire disaster seasons, and before or during important festivals and activities. Key fire safety entities shall serve as the focus of supervision and spot check, and those which are not key fire safety entities must account for a certain proportion in the number of the entities being subject to supervision and spot check. Supervision and inspection shall be organized at least once a year for those key fire safety entities which belong to densely populated premises. Article 8 Before a public gathering place is put into use or opens for business, the construction entity or user entity shall apply to the fire department of the public security organ of the local people's government at or above the county level for a fire safety inspection, and submit the following materials: (1) Application form for fire safety protection; (2) The photocopy of the business license or the notice for pre-approval of enterprise name as issued by the administrative department for industry and commerce; (3) The photocopy of legal documents concerning the acceptance check on the construction project or the final acceptance and filing on fire protection, which are obtained in accordance with the law; (4) Fire safety system, fire fighting and emergency evacuation preplans, and floor plan of premises; (5) The pre-job fire safety education and training records of employees, and the photocopy of professional qualification certificates of peculiar work type about fire protection obtained by automatic fire extinguishing system operators; and (6) Other materials prescribed by laws and administrative regulations. Where a public gathering place with no need for the acceptance check and filing on fire protection applies for a fire safety inspection in accordance with the Provisions on Supervision and Administration for the Fire Protection of Construction Projects, it shall also submit the fire protection design and construction drawings of its interior renovation, quality certificates of fire protection products, certificates of the eligible fire performance of decoration materials for technical standards of fire protection, and ex-factory inspection certifications. The fire department of the public security organ shall, in accordance with the relevant provisions on administrative licensing, accept the application for a fire safety inspection. Article 9 A fire safety inspection over a public gathering place before it is put into use or the starting of business operations shall include the following content: (1) Whether a building or place passes the acceptance check on fire protection in accordance with law or is qualified for the spot check over the final acceptance and filing on fire protection; whether a building or place, which is subject to the fire protection filling for final acceptance but the spot check of the filing is not conducted, meet the technical standard of fire protection; (2) Whether the fire safety system and preplans for fire extinguishing and emergency evacuation are formulated; (3) Whether automatic fire extinguishing system operators take positions with required certificates and whether employees undergo pre-job fire safety training; (4) Whether fire-fighting facilities and equipment meet the technical standards of fire protection and keep in good condition and effective; (5) Whether evacuation passageways, safety exits and fire truck passageways are unimpeded; (6) Whether interior decoration materials meet the technical standards of fire protection; (7) Whether the doors and windows of external walls is free of obstacles that may affect the escape, fire extinguishing and rescue. Article 10 With regard to supervision and spot check over the performance of statutory fire safety duties by an entity, the following content shall be checked according to the actual circumstance of the entity: (1) Whether a building or place passes the acceptance check on the construction project in accordance with law or conducts the final acceptance and filing on fire protection, and whether the public gathering place passes the fire protection inspection before it is put into use or open for business; (2) Whether the use of a building or place is consistent with the nature of use determined during the acceptance check on the construction project or the final acceptance and filing on fire protection; (3) Whether the fire safety system and preplans for fire extinguishing and emergency evacuation are formulated; (4) Whether fire fighting facilities and equipment as well as fire safety signs are maintained on a regular basis and are kept in good condition and effective; (5) Whether electrical lines and gas pipelines are maintained and tested at regular intervals; (6) Whether evacuation passageways, safety exits and fire truck passageways are unimpeded, and whether fire prevention area and fire prevention space are occupied; (7) Whether fire prevention inspection, fire drills and employees' fire safety education and training are organized, and whether automatic fire system operators take positions with required certificates (8) Whether a place for the production, storage or trade of hazardous materials such as flammable or explosive substances is arranged in the same building as a residential site is located; (9) Whether a place for the production, storage or trade of hazardous materials such as flammable or explosive substances meets the technical standards of fire protection when it is arranged in the same building as a residential site is located; (10) Other content needed for inspection in accordance with the law. Densely populated premises shall be subject to spot check over whether interior decoration materials meet the technical standards of fire protection and whether the doors and windows of external walls is free of obstacles that may affect the escape, fire extinguishing and rescue. Article 11 With regard to supervision and spot check over the performance of statutory fire safety duties by a key fire safety entity, in addition to the content set forth in Article 10 of these Provisions, the following content shall also be checked: (1) Whether a person in charge of the fire safety is determined; (2) Whether routine inspections for fire prevention are launched, and a record of such inspections is kept; (3) Whether fire safety training and fire drills are organized on a regular base; and (4) Whether files on fire protection are established and key fire safety spots are determined. A key fire safety entity which belongs to densely populated premises also shall inspect whether the personnel responsible for fire extinguishing and organizing evacuation are determined in its preplans of fire extinguishing and emergency evacuation. Article 12 With regard to supervision and inspection over fire protection for the site of a large-scale mass activity before it is held, the inspection shall focus on the following content: (1) Whether a building (place) for an indoor activity passes the acceptance check on the construction project in accordance with law or conducts the final acceptance and filing on fire protection, and whether a public gathering place passes a fire safety inspection before it is put into use or open for business. (2) Whether a building constructed temporarily meets the requirements of fire safety; (3) Whether preplans for fire extinguishing and emergency evacuation are f......