Provisions on Supervision and Administration of Fire Protection of Construction Projects (Revised in 2012)
Provisions on Supervision and Administration of Fire Protection of Construction Projects (Revised in 2012)
Provisions on Supervision and Administration of Fire Protection of Construction Projects (Revised in 2012)
Order of the Ministry of Public Security No. 119
July 17, 2012
(Promulgated by the Order No. 106 of the Ministry of Public Security of the People's Republic of China on April 30, 2009, and revised in accordance with the Decision of the Ministry of Public Security on Revising the Provisions on Supervision and Administration of Fire Protection of Construction Projects issued on July 17, 2012)
Contents
Chapter I General Provisions
Chapter II Quality Responsibility for Design and Construction of Fire Protection
Chapter III Examination of Fire Protection Design and Acceptance of Fire Protection
Chapter IV Filing and Spot Check of Fire Protection Design and Completion Acceptance
Chapter V Law Enforcement Supervision
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 For the purposes of strengthening the supervision and administration of the fire protection of construction projects, carrying out the accountability system for fire protection design, construction quality and safety of construction projects, and regulating the fire protection supervision and administration activities, these Provisions are formulated in accordance with the Fire Protection Law of the People's Republic of China and the Administrative Regulations on Quality of Construction Projects.
Article 2 These Provisions are applicable to the supervision and administration of fire protection of the construction projects for new construction, expanded construction or renovation (including indoor and outdoor decoration, building insulation work or change of use) etc.
These Provisions are not applicable to the construction activities such as indoor decoration for residential housing, self-built houses by villagers, and temporary construction for provision of disaster relief and other non-assembly occupancies.
Article 3 The project owner, design unit, construction unit and project supervision unit shall comply with the fire protection regulations, construction project quality administration regulations and national fire protection technology standards, and be responsible for the fire protection design, construction quality and safety of the construction project.
The fire protection divisions of the public security organs shall legally carry out design examination, acceptance, filing and spot check of fire protection of construction projects, and supervise the fire protection of construction projects.
Article 4 In addition to the fire protection divisions of the public security organs of the people's governments of all provinces and autonomous regions, the fire protection divisions of the public security organs at the county level or above shall assume the design examination, acceptance, filing and spot check of fire protection of the construction projects within their jurisdiction. The fire protection divisions of public security organs at provincial level shall determine the specific labor division and then report the same to the fire protection bureau of the Ministry of Public Security for filing.
The jurisdiction over the design examination, acceptance, filing and spot check of the fire protection of the construction projects locating in different administrative areas shall be designated by the joint fire protection division of the public security at a higher level of different administrative areas.
Article 5 When carrying out the supervision and administration of fire protection of the construction projects, the fire protection divisions of public security organs shall adhere to the principle of being impartial, strict, civilized and efficient.
Article 6 The fire protection design and construction of construction projects must be in compliance with the national fire protection technology standards for construction of projects.
Where the fire protection design of any construction project has been examined to be qualified by or filed with the fire protection division of the public security organ before the implementation of the newly issued national fire protection technology standards for construction of projects, the standards applicable at the time of filing or applied in the original examination opinions shall be respectively implemented.
Article 7 When carrying out the design examination, acceptance, filing and spot check of construction projects, the fire protection divisions of the public security organs shall have at least two law enforcement officers at the site for implementation.
Chapter II Quality Responsibility for Design and Construction of Fire Protection
Article 8 The project owners may not demand the design units, construction units, supervision units or relevant persons to violate the fire protection regulations and national fire protection technology standards for construction of projects, or lower the fire protection and construction quality of the construction projects, and shall bear the following quality responsibilities for fire protection design and construction:
1. To legally apply for the design examination and acceptance of fire protection of construction projects, and legally go through the fire protection filing formalities for fire protection design and completion acceptance and accept spot check; and no public gathering place inside the construction project may be put into use or operation if it fails to accept the fire protection safety examination or fails the fire protection safety requirements upon examination;
2. For construction projects with project supervision, the fire protection construction quality shall be entrusted to the supervisor;
3. To select fire protection design and construction units with the qualification level provided by the State;
4. To select qualified fire protection products and building components, construction materials and decoration materials meeting the fire resistance requirements; and
5. No construction project that shall be legally under fire protection design examination and acceptance may be organized for construction if it fails to accept examination or fails the examination; and no construction project failing to accept acceptance or failing the acceptance may be delivered for use.
Article 9 The design units shall assume the following quality responsibilities for fire protection design:
1. Pursuant to the fire protection regulations and national fire protection technology standards for construction of projects, to conduct fire protection design and prepare fire protection design documents meeting requirements, and not to design in violation of the compulsory requirements in the national fire protection technology standards for construction of projects;
2. To indicate the specifications, performance and other technology indicators of the fire protection products and building components, construction materials and decoration materials meeting the fire resistance requirements, which are selected in the design and of which the quality requirements must be in compliance with the national standards or industry standards; and
3. To participate in the completion acceptance of the construction projects organized by the project owners, and sign to confirm the design implementation situation of the fire protection of construction projects.
Article 10 The construction units shall assume the following responsibilities for the quality and safety of fire protection construction:
1.
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