Fire Protection Law of the People's Republic of China (Revised in 2008)
Fire Protection Law of the People's Republic of China (Revised in 2008)
Fire Protection Law of the People's Republic of China (Revised in 2008)
Order of the President of the People's Republic of China No. 6
October 28, 2008
The Fire Protection Law of the People's Republic of China revised and adopted at the fifth meeting of the Standing Committee of the Eleventh National People's Congress on October 28, 2008, is hereby promulgated and shall come into effect on May 1, 2009.
President of the People's Republic of China: Hu Jintao
Appendix: Fire Protection Law of the People's Republic of China
Adopted at the second meeting of the Standing Committee of the Ninth National People's Congress on April, 29, 1998; revised at the fifth meeting of the Standing Committee of the Eleventh National People's Congress on October 28, 2008
Contents
Chapter I General Provisions
Chapter II Fire Prevention
Chapter III Fire Protection Organizations
Chapter IV Fire Fighting and Rescuing
Chapter V Supervision and Inspection
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted for the purposes of preventing fire and reducing fire hazards, strengthening emergency rescue, safeguarding personal safety and property security, and maintaining public security.
Article 2 Fire protection work shall implement the guidelines of fire prevention and combining fire prevention and fire fighting, and implement a fire safety accountability system and establish a sound social fire protection network, on the basis of the uniform leadership of the government, the supervision by government departments in accordance to the law, the undertaking of full responsibilities by entities and the active participation by the general public.
Article 3 The State Council shall lead the fire protection work nationwide. 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 fire protection work into national economic and social development plans to ensure the mutual adaption of fire protection work and economic and social development.
Article 4 The public security department under the State Council shall supervise and administer the fire protection work nationwide. Public security organs of the local people's governments at or above the county level shall supervise and administer the fire protection work within their own administrative areas, and the fire protection departments of public security organs under the said people's governments shall be responsible for carrying out such supervision and administration. The fire protection work for military installations shall be supervised and administered by the relevant competent departments with the assistance of the fire protection departments of the public security organs. Fire protection for underground areas of mines, nuclear power plants and offshore petroleum and natural gas installations shall be supervised and administered by the relevant competent departments.
Other relevant departments of the people's governments at or above the county level shall, within the scope of their respective responsibilities, properly handle the fire protection work in accordance with the provisions of this Law and other relevant laws and regulations.
If the fire protection of forests and grasslands are otherwise provided for in laws or administrative regulations, such provisions shall apply.
(Relevant articles: Cases 1 Legislation 1)
Article 5 All entities and individuals shall have the duty to maintain fire safety, preserve fire-fighting facilities, prevent occurrences of fire and report fire alerts. All entities and adult citizens shall have the duty to take part in the organized work of fire fighting.
Article 6 The people's governments at all levels shall organize and carry out publicity and education on fire protection on a regular basis to enhance the people's awareness of the importance of fire safety and protection.
Entities such as government departments, public organizations, enterprises and institutions shall strengthen the publicity and education on fire protection among their employees.
Public security organs and their fire protection departments shall strengthen the publicity on fire protection laws and regulations, and shall supervise, guide, and assist the relevant entities in properly carrying out publicity and education on fire protection.
Administrative departments in charge of education and human resources, schools and relevant vocational training institutions shall incorporate fire protection knowledge into their education, teaching and training programs.
Relevant departments for press, broadcasting, television, etc., shall carry out target-specific publicity and education on fire protection among the public.
Public organizations such as trade unions, the Communist Youth League and women's federations shall, by taking into account the characteristics of their respective target audience, organize and carry out publicity and education on fire protection.
Village committees and neighborhood committees shall assist the people's governments and public security organs and other departments in strengthening the publicity and education on fire protection.
Article 7 The State encourages and supports scientific research on and technological innovation in fire protection, and promotes the use of advanced technology and equipment for fire protection and emergency rescue. It encourages and supports non-governmental sectors in carrying out fire protection-related public welfare activities.
Entities and individuals that have made outstanding contributions to fire protection work shall be commended and rewarded in accordance with the relevant provisions of the State.
Chapter II Fire Prevention
Article 8 The local people's governments at all levels shall incorporate fire protection plans in respect of layouts of fire fighting facilities, fire stations, water supply for fire fighting, fire service communications, passageways for fire engines, firefighting equipment, etc., into their urban and rural planning and shall be responsible for the organization and implementation of such plans.
Where the layouts of fire fighting facilities in urban and rural areas do not meet fire safety requirements, adjustments and improvements shall be made to such layouts. Where public fire fighting facilities or equipment is inadequate or cannot meet practical needs, such facilities or equipment shall be increased, rebuilt, reinstalled or undergo technological improvement.
Article 9 The fire protection design and construction of a construction project shall meet national fire protection technical standards for construction projects. Project owners, design entities, construction entities, project supervision entities, etc., shall, in accordance with the law, be responsible for the fire protection design and the quality of the fire protection construction of the projects.
Article 10 With respect to construction projects which require fire protection designs according to the national fire protection technical standards for construction projects, unless otherwise provided for under Article 11 of this Law, the project owners shall, within seven working days of obtaining construction permits in accordance with the law, submit the fire protection design documents to the fire protection departments of the public security organs for their records, and such departments shall conduct a random inspection thereof.
Article 11 With respect to large assembly occupancies and other special construction projects as specified by the public security department under the State Council, the project owners shall submit the fire protection design documents to the fire protection departments of the public security organs for examination and verification. Fire protection departments of the public security organs shall be accountable for the results of such examinations and verifications in accordance with the law.
Article 12 With respect to construction projects of which the fire protection design is required to be examined and verified by the fire protection departments of the public security organs in accordance with the law, if such design is not examined and verified in accordance with the law or fails the examination and verification, the departments that are responsible for examining and approving the construction of such projects shall not issue construction permits, and the project owners and construction entities shall not carry out the construction work. In respect of other construction projects, those that fail the legal random inspection after construction permits have been obtained shall suspend their construction work.
Article 13 With respect to construction projects which require fire protection design according to national fire protection technical standards for construction work, an acceptance check and record-filing for fire protection shall be conducted in accordance with the following provisions upon completion of such construction projects:
1. With respect to construction projects specified under Article 11 of this Law, the construction entities shall file an application for fire protection acceptance check with the fire protection departments of public security organs; and
2. With respect to other construction projects, the project owners shall, after an acceptance check, report its results to the fire protection departments of public security organs for their records and such departments shall conduct a random inspection thereof. With respect to construction projects that are subject to fire protection acceptance check in accordance with the law, such projects shall not be put into use without completing or passing the acceptance check. In respect of other construction projects, those that fail the legal random inspection shall suspend their use.
(Relevant articles: Legislation 1 Cases 1)
Article 14 Specific measures for examinations and verifications of fire protection designs, fire protection acceptance checks, record-filing and random inspections of construction projects shall be formulated by the public security department under the State Council.
Article 15 Before the use or commencement of the business operations of public gathering places, their construction entities or the entities using such places shall file an application for fire safety inspection with the fire protection departments of public security organs of the local people's governments of such places at or above the county level.
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