Provisions on the Supervision and Administration over Fire Prevention for Construction Engineering (Revised in 2009)

Provisions on the Supervision and Administration over Fire Prevention for Construction Engineering (Revised in 2009)

Order of the Ministry of Public Security No. 106

April 30, 2009

The amended Provisions on the Supervision and Administration over Fire Prevention for Construction Engineering, which were adopted by the executive meeting of the Ministry of Public Security on April 30, 2009, are hereby promulgated and shall come into effect on May 1, 2009.

Minister of the Ministry of Public Security: Meng Jianzhu

Provisions on the Supervision and Administration over Fire Prevention for Construction Engineering

Table of Contents
Chapter I General Provisions
Chapter II Quality Responsibilities for Fire Prevention Design and Construction
Chapter III Examination and Verification of Fire Prevention Design and Fire Prevention Final Acceptance
Chapter IV Record-filing and Random Check of Fire Prevention Design and Final Acceptance
Chapter V Law Enforcement Supervision
Chapter VI Legal Liabilities
Chapter VII Supplementary Provisions

Chapter I General Provisions

Article 1 With a view to strengthening the supervision and administration over fire prevention of construction engineering, effectively implementing quality and safety responsibilities for fire prevention design and construction in construction engineering, and standardizing the supervision and administration of fire prevention, these Provisions are formulated in accordance with the Fire Prevention Law of the People's Republic of China and the Administrative Regulations on Quality Management of Construction Engineering.

Article 2 These Provisions shall apply to the supervision and administration over fire prevention of construction engineering such as new construction, expansion and rebuilding (including interior decoration and rebuilding due to change of use).
These Provisions shall not apply to the interior decoration of residential houses, the villagers' self-built houses, buildings for disaster relief or other temporary buildings.

Article 3 The developer and the design, construction and construction supervision entities shall abide by laws and regulations on fire prevention, as well as national technical standards on fire prevention, and shall be responsible for the fire prevention design for and construction quality and safety of construction engineering.
Fire prevention departments under public security organs shall carry out examination and verification of fire prevention design for construction engineering, as well as fire prevention final acceptance, record-filing and random check in accordance with the law.

Article 4 Besides the fire prevention departments under public security organs of the people's governments of provinces and autonomous regions, the fire prevention departments under public security organs of the local people's governments at or above the county level shall undertake the examination and verification of fire prevention design, and fire prevention final acceptance, record-filing and random check for construction engineering within their respective jurisdictions. The specific division of labor shall be determined by the fire prevention departments under public security organs at the provincial level and be submitted to the Fire Bureau of the Ministry of Public Security for record-filing.
In the case of construction engineering crossing administrative regions, the examination and verification of fire prevention design, as well as fire prevention final acceptance, record-filing and random check shall be designated by the fire prevention departments under a higher-level public security organ in charge of the regions involved.

Article 5 Fire prevention departments under public security organs shall follow the principles of justice, strictness, professionalism and efficiency in supervision and administration over fire prevention of construction engineering.

Article 6 The fire prevention design for and construction of construction engineering shall comply with the national technical standards on fire prevention of engineering construction.
Before the new national technical standards on fire prevention of engineering construction become effective, if the fire prevention design for a construction engineering has been approved by the fire prevention department under the competent public security organ after examination and verification or being filed for record, the original examination and verification opinions or the standards applicable at the time of record-filing shall apply.

Article 7 The examination and verification of fire prevention design as well as fire prevention final acceptance, record-filing and random check for a construction engineering shall be conducted jointly by no less than two law enforcement officers assigned by the fire prevention department under the competent public security organ.

Chapter II Quality Responsibilities for Fire Prevention Design and Construction

Article 8 A developer may not require relevant design, construction or construction supervision entities or any personnel thereof to lower the fire prevention design and construction quality of the construction engineering in violation of the fire prevention laws and regulations as well as the national technical standards on fire prevention of engineering construction, and shall undertake the following quality responsibilities for fire prevention design and construction:
1. To apply for examination and verification of fire prevention design and fire prevention final acceptance for construction engineering in accordance with the laws, to handle the formalities for the record-filing of fire prevention design and final acceptance, and to cooperate with the random check; the facilities of public assembly within the construction engineering that are not inspected for fire prevention safety or fail to comply with fire prevention safety requirements upon inspection shall not be put into use or operation;
2. Where a construction engineering is under construction supervision, the fire prevention construction quality shall also be entrusted to the construction supervision entity;
3. To select fire prevention design and construction entities of the qualification levels specified by the State;
4. To use qualified fire-protection products, as well as building components, building materials and interior decoration materials meeting the requirements of fireproof performance; and
5. A construction project subject to the examination and verification of fire prevention design and fire prevention final acceptance in accordance with the law may not commence if it fails to undergo or pass the examination and verification. A construction project that fails to undergo or pass the fire prevention final acceptance shall not be handed over for use.

Article 9 A design entity shall undertake the following quality responsibilities for fire prevention design:
1. To carry out fire prevention design in accordance with fire prevention laws and regulations as well as the national technical standards on fire prevention of engineering construction, to prepare fire prevention design documents that are in compliance with the requirements, and to refrain from making design in violation of the compulsory requirements of the national technical standards on fire prevention of engineering construction.
2. The selected fire prevention products and the building components, building materials and interior decoration materials that meet the requirements for fireproof performance shall have clear indication thereon as regards the specifications, performance and other technical indicators, and the design entity shall ensure that the quality of the supplies, components and materials meet the national or industry standards; and
3. To participate in the final acceptance organized by the developer, and to sign to confirm the execution of the fire prevention design for the construction engineering.

Article 10 A construction entity shall undertake the following quality and safety responsibilities for fire prevention construction:
1.
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