General: Fire Safety Technology (I) Laws and Regulations

The first section   PRC Fire Protection Law

I. Guidelines, Principles, and Responsibility for Fire Prevention Work

The "Fire Protection Law" stipulates in the General Provisions that "fire prevention work should be carried out in accordance with the principle of "prevention first, prevention and elimination of consumption," and the principle of unified leadership of the government, supervision by departments, overall responsibility of the unit, and active participation of citizens should be adopted. The fire safety responsibility system should be implemented to establish a sound society. "The firefighting work network" has established the principles, principles, and accountability of firefighting work.

Second, on the unit's fire safety responsibility

(1) It is stipulated in the General Provisions that any unit has the obligation to maintain fire safety, protect fire protection facilities, prevent fires, and report fire alarms; any organization has the obligation to participate in organized firefighting; agencies, groups, enterprises, undertakings and other units The firefighting education for the staff of this unit should be strengthened.

(B) provides the unit fire safety responsibilities:

1. Implement the fire safety responsibility system, formulate the fire safety system and fire safety operation rules of the unit, and formulate fire prevention and emergency evacuation plans;

2. According to national standards and industry standards, fire-fighting facilities and equipment shall be provided, fire safety signs shall be set, and inspections and maintenance shall be regularly organized to ensure that they are sound and effective;

3. At least one full-scale inspection of the building's fire-fighting facilities shall be carried out at least once a year to ensure that it is sound and effective, and the records of the tests shall be complete and accurate and filed for future reference;

4. Ensure that the evacuation passages, safety exits, and access to fire trucks are unblocked, and that fire and smoke partitions and fire separations meet the fire safety standards;

5. Organize fire inspections to eliminate fire hazards in a timely manner;

6. Organize targeted fire drills;

7. Other fire safety responsibilities stipulated by laws and regulations.

(3) It is stipulated that the key units of fire safety shall perform the following special fire safety duties in addition to the fire safety responsibilities of the unit:

1. Determine the fire safety manager and organize the implementation of the fire safety management of the unit;

2. Establish firefighting files, identify key fire safety sites, set up fire safety signs, and implement strict management;

3. Implement daily fire inspections and establish inspection records;

4. Conduct pre-service fire safety training for employees and regularly organize fire safety training and fire drills.

(4) Where it is stipulated that the same building is to be managed or used by more than two units, the fire safety responsibilities of all parties shall be clarified, and the responsible person shall be responsible for the unified management of the common evacuation passages, safety exits, building fire protection facilities and fire truck lanes.

(5) It is stipulated that no unit shall damage, misappropriate or arbitrarily dismantle and disable fire-fighting facilities and equipment, and shall not bury, occupy or shield fire hydrants or occupy fire-proof spacing, and shall not occupy, block, close evacuation passages, exits for safety, or access to fire trucks. .

Third, on the construction project fire design review, fire inspection and record check system

(1) The "Fire Protection Law" stipulates that large-scale personnel-intensive places and other special construction projects stipulated by the public security department under the State Council shall be subject to the fire engineering design audit and fire inspection and acceptance of the construction project by the public security organ fire control agency.

(2) Where the "Fire Protection Law" stipulates that other construction projects other than the large-scale personnel-intensive places prescribed by the State Council's public security department and other special construction projects that require fire protection design in accordance with the national construction project fire-fighting technical standards, the construction unit shall obtain a construction permit in accordance with the law. Within seven working days from the date of the report, firefighting design documents should be reported to the public security agency's firefighting agency for record. The public security organ's fire control agencies should carry out random inspections; if they fail to pass the inspection according to law, they should stop the construction. The construction unit shall report to the fire control agency of the public security organ for record after the acceptance of the project. The public security organ's fire control agency shall carry out a random inspection; if it fails to pass the sample inspection according to law, it shall stop using it.

(3) Where the Fire Protection Law stipulates that the fire protection design of a construction project has not been verified by law or is unqualified, the department responsible for examining and approving the construction permit of the project shall not grant a construction permit, and the construction unit and construction unit may not perform construction; the construction project is not carried out according to law. Fire inspection or fire inspection acceptance is not allowed, it is prohibited to put into use; Article 58 of the "Fire Protection Law" stipulates that the violation of the provisions of the fire engineering design audit, fire inspection and acceptance, and record inspection shall be ordered to stop the construction, stop the use, and stop production. Business suspension and fines for administrative penalties.

Fourth, on the use of public gathering places, pre-business fire safety inspection

The provisions of the "Fire Protection Law" on the implementation of fire safety inspections before use and pre-operating for places where the public gathers:

(1) It is stipulated that before a public gathering place is put into use or open for business, the construction unit or user unit shall apply for fire safety inspection to the fire control agency of the public security organ of the local people's government at or above the county level.

(2) It is stipulated that the fire control agency of the public security organ shall, within 10 working days from the date of acceptance of the application, conduct fire safety inspection of the site in accordance with the technical standards and management regulations for fire protection. If no fire safety inspection or inspection fails to meet the fire safety requirements, it may not be put into use or business.

V. Fire safety requirements for holding large-scale mass events

The "Fire Protection Law" examines the content of the magistrate administrative license of the fire protection regulations for large-scale mass activities. It is stipulated that large-scale mass activities should be held. The undertaker should apply for safety licenses to public security agencies in accordance with law, formulate fire prevention and emergency evacuation plans and organize drills, clarify the responsibilities for fire safety responsibilities, determine fire safety management personnel, and maintain the completeness and integrity of fire fighting facilities and fire fighting equipment. Effectively ensure that evacuation routes, safety exits, evacuation signs, emergency lighting, and access to fire trucks comply with fire safety standards and regulations.

Sixth, on fire product supervision and management

"Fire Protection Law" (a) stipulates that fire-fighting products must comply with national standards; in the absence of national standards, they must meet industry standards. It is forbidden to produce, sell or use unqualified fire-fighting products and fire-fighting products that have been ordered by the State to be eliminated.

(2) Fire-fighting products that require compulsory product certification according to law shall not be allowed to produce, sell or use a fire-fighting product that has been certified by a statutory certification body in accordance with the mandatory requirements of national standards and industry standards. Newly developed fire-fighting products that have not yet been formulated with national standards or industry standards shall be put into production, sales, and use only after technical appraisals meet the requirements of fire safety in accordance with the methods prescribed by the State Council’s product quality supervision department and the public security department of the State Council.

(3) It has clarified the main body of supervision and management of fire products, and stipulated that the product quality supervision department, industry and commerce administration department, and public security organ fire control agency should strengthen the supervision and inspection of fire product quality in accordance with their respective duties, and punish them according to law.

The Fire Protection Law also stipulates the coordination system of product quality supervision, industrial and commercial administration, and public security agencies' fire control agencies in the supervision and management of fire products.

VII . Provisions on legal liability

The "Fire Law" strengthened the investigation of legal responsibilities. There were six types of administrative penalties , including warnings, fines, detention, ordering production and business suspension (stopping construction, stopping use), confiscation of illegal income, and ordering suspension of business (revocation of corresponding qualifications and qualifications) . For example, a construction project that requires a fire protection design audit by a public security agency's fire control agency shall be ordered to suspend construction and be fined not less than 30,000 yuan but not more than 300,000 yuan. If the construction enterprise fails to follow the fire control design documents and technical standards for fire protection and lowers the quality of fire construction, it shall be ordered to correct or stop the construction, and a fine of 10,000 yuan up to 100,000 yuan shall be imposed. Where a firefighting technical service institution such as a fire product quality certification or a fire protection installation inspection issues a false document, it shall be ordered to make corrections, impose a fine of between 50,000 yuan and 100,000 yuan, and impose a liability of 10,000 yuan on the directly responsible person in charge and other persons directly liable. Fines of less than 10,000 yuan are imposed; illegal gains are confiscated at the same time; losses caused to others shall be liable for compensation according to law; if the circumstances are serious, the original permitting authority shall order them to stop practicing or revoke their corresponding qualifications and qualifications. If a firefighting technical service agency issues a false document and causes loss to others, it shall bear the liability for compensation according to law; where the cause is heavy, the original permitting agency shall order it to stop practicing or revoke the relevant qualifications and qualifications.

Section II   Related Laws

I. The People's Republic of China Urban and Rural Planning Act

(I) Scope of application

The urban and rural planning mentioned in the Urban and Rural Planning Law refers to a planning system composed of urban system planning, urban planning, town planning, township planning, and village planning. The adjustment is made by urban, township, village, and other residential sites and residential sites. The interrelationship between them is not a plan to cover the entire land area.

(b) The relationship between urban and rural planning and other plans

The compilation of urban master plans, town master plans, and township plans and village plans should be based on national economic and social development plans and should be linked to the overall plan for land use. To carry out construction activities within the planning area, the laws and regulations of land management, natural resources and environmental protection shall be observed.

(III) Formulation of urban and rural planning

The Urban and Rural Planning Law made the following provisions for the formulation of urban and rural planning:

1. To formulate and implement urban and rural planning, we must follow the principles of urban and rural planning, rational distribution, land conservation, intensive development, and post-planning construction, improve the ecological environment, promote resource and energy conservation and comprehensive utilization, and protect cultivated land and other natural resources and historical culture. Heritage, to maintain local characteristics, ethnic characteristics and traditional style, to prevent pollution and other public hazards, and in line with regional population development, national defense construction, disaster prevention and reduction and public health, public safety needs.

3. Expand public participation. The procedures for planning and formulation were clarified, and planning organizations were required to organize agencies to make plans for public announcements. Various forms were widely used to solicit the opinions of experts and the general public, and opinions and reasons were adopted as the necessary materials for urban and rural planning approval. Before submitting for approval, they must also discuss and agree with the villagers' meeting.

(IV) Implementation of urban and rural planning

4. Emphasize the legal validity of the planning permit. Clearly require the allocation and transfer of land must obtain a planning permit. At the same time, if the state-owned land use right is provided by means of allocation, the construction unit should apply to the urban and rural planning authorities for approval of the site selection statement before submitting it to the relevant department for approval or approval.

Second, the PRC Criminal Law

(1) The crime of fire refers to the act of causing fire due to negligence of the perpetrator, causing serious consequences and endangering public safety.

1. Standards for filing cases. ( 1 ) resulting in death of more than one person, or serious injury to more than three persons;

( 2 ) The direct economic loss caused by public property or property of others is more than 500,000 yuan;

( 3 ) causing the destruction of houses and other basic living materials of more than ten households;

( 4 ) Forest fires that cause more than two hectares of forest land or more than four hectares of firewood, shrub land, unforested land, and nursery land;

( 5 ) Other serious consequences.

2. Penalty. Article 125, paragraph 2 of the Criminal Law stipulates that if a crime of fire is committed, it shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if the circumstances are less serious, the prisoner shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

(2) The crime of fire-fighting liability accident refers to the violation of fire-fighting management laws and regulations and the adoption of corrective measures by the fire-fighting supervision agency to refuse execution, causing serious consequences and endangering public safety.

1. Standards for filing cases.

( 1 ) resulting in death of more than one person, or serious injury to more than three persons;

( 2 ) Direct economic losses of more than 500,000 yuan;

( 3 ) Forest fires that cause more than two hectares of forested land or more than four hectares of firewood, shrub land, unforested land, and nursery land;

( 4 ) Other serious consequences.

2. Penalty. The first paragraph of Article 139 of the Criminal Law stipulates that a person who commits a fire accident liability shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. If the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

(III) Major mass activities The major crimes of safety accidents refer to the behaviors of large-scale mass activities that violate safety management regulations, resulting in major casualties or other serious consequences.

1. Standards for filing cases. Article 11 of the "Regulation (1)" stipulates that if large-scale mass activities are held in violation of safety management regulations and one of the following circumstances is suspected, it shall be prosecuted:

( 1 ) resulting in death of more than one person or severely injuring more than three persons;

( 2 ) resulting in direct economic losses of more than 500,000;

( 3 ) Other serious consequences.

2. Penalty. The second paragraph of Article 135 of the Criminal Law stipulates that if large-scale mass activities are conducted in violation of safety management regulations, and thus a major casualty accident or other serious consequence occurs, the directly responsible person in charge and other persons directly responsible shall be The term of imprisonment or criminal detention shall be less than three years; if the circumstances are particularly bad, the sentence shall be imprisonment of not less than three years or not more than seven years.

Section III   Departmental rules

I. Fire Safety Regulations of Organs, Groups, Enterprises and Institutions

(I) Determination of Fire Safety Personnel and Fire Safety Managers

The unit shall determine the person responsible for fire safety and the fire safety manager, and report it to the local fire protection agency of the public security organ for record. The legal representative of a legal entity or the chief person in charge of an unincorporated entity is fully responsible for its own fire safety work.

(II) Implementation of two accountability systems in fire safety management of units

The unit shall implement the fire safety responsibility system and the post fire safety responsibility system step by step, clarify the fire safety responsibilities of the individual and the post, and determine the fire safety responsible persons at all levels and positions, and shall be responsible for the fire safety of this level and the post, and establish the internal unit. Top-down step-by-step fire safety responsibility system.

(III) Fire Safety Responsibilities of Fire Safety Persons

1. Carry out fire laws and regulations to ensure that the unit's fire safety is in compliance with the regulations and the fire safety situation of the unit;

2. Coordinate the firefighting work with the production, scientific research, operation and management of the unit and approve the implementation of the annual firefighting work plan;

3. Provide necessary funds and organizational guarantees for the fire safety of the unit;

4. Determine step-by-step fire safety responsibilities, approve the implementation of fire safety regulations and safeguard fire safety operating procedures;

5. Organize fire inspections, supervise the implementation of rectification of fire hazards, and deal with major issues involving fire safety in a timely manner;

6. Establish full-time fire brigade and compulsory fire brigade in accordance with the requirements of fire regulations;

7. Organize and formulate actual fire extinguishing and emergency evacuation plans in line with the unit and implement drills.

(4) Fire safety responsibilities of fire safety managers

1. Formulate an annual firefighting work plan and organize the implementation of daily fire safety management;

2. Organize and formulate fire safety regulations and safeguards for fire safety and inspect and supervise their implementation;

3. Formulate fund investment and organization guarantee schemes for fire safety work;

4. Organize the implementation of fire inspections and rectification of fire hazards;

5. Organize and implement the maintenance of the fire protection facilities, fire-fighting equipment and fire safety signs of this unit to ensure that they are intact and effective, and ensure that the evacuation passages and safety exits are unblocked;

6. Organize and manage full-time fire brigade and compulsory fire brigade;

7. Organize the promotion, education and training of fire prevention knowledge and skills among employees, and organize the implementation and drill of fire prevention and emergency evacuation plans;

8. Other fire safety management tasks entrusted by the unit responsible for fire safety. In addition, the fire safety manager shall regularly report the fire safety situation to the responsible person of fire safety, and timely report major issues involving fire safety.

(V) Strengthen fire inspections and implement rectification of fire hazards

Fire safety key units shall conduct daily fire inspections, and determine the personnel, content, location, and frequency of inspections. Other units can organize fire inspections as needed. Fire inspections at public gathering venues during business hours shall be conducted at least once every two hours; at the end of business, the business site shall be inspected to eliminate the remaining fire. Hospitals, nursing homes, boarding schools, nurseries, and kindergartens should strengthen night-time fire inspections. Other fire safety key units can combine actual organization of night fire inspections. Organs, organizations, and institutions shall conduct fire inspections at least once every quarter. Other units shall conduct fire inspections at least once a month. Fire-fighting facilities and equipment shall be tested for maintenance and repair according to law. The discovered fire hazards must be promptly and resolutely rectified in accordance with regulations.

(6) Launch firefighting education, training and evacuation drills

Fire safety key units shall provide each employee with fire safety training at least once a year; fire safety training for employees in public gathering places shall be conducted at least once every six months; the unit shall organize fire safety before new posts and employees enter new positions. Training. The four categories of personnel should receive special training in fire safety. The unit shall establish a fire prevention and emergency evacuation plan. Among them, fire safety key units conduct drills at least once every six months according to the preplan; other units organize drills at least once a year.

Second, social fire safety education and training regulations

(a) fire safety training

The unit shall establish and improve the fire safety education and training system, guarantee the funds for education and training, and provide fire safety education training to employees in accordance with the regulations; the construction unit under construction shall provide fire safety education for construction personnel before construction and publicize the construction site. And the management of open fire operations, etc. The construction unit shall cooperate with the construction unit to do a good job of fire safety education; all types of schools, homes (villages) committees, news media, public places, tourist attractions, property service companies and other units shall perform fire safety education and training according to law. Responsibility.

(II) Fire safety training institutions

The use of non-state financial funds by non-state organizations or individuals to organize professional fire safety training organizations and professional fire safety training for the society shall be approved by the provincial educational administrative department or the human resources and social security department according to law. The provincial civil affairs department applied for registration of private non-enterprise units. The professional fire safety training institutions shall carry out fire safety professional training in accordance with the relevant laws, regulations, rules and regulations, and ensure the quality of training. Fire safety professional training institutions shall carry out fire safety professional training. Fire safety management, building fire prevention and construction, operation, inspection, and maintenance skills of automatic fire protection facilities shall be the focus of training. Training certificates shall be issued to those who pass the theoretical and skill operation evaluation. .

III. Regulations on the Management of Social Fire Protection Technical Services

(I) Qualification Licensing System

According to the "Fire Protection Law", it is clarified that the state implements a qualification licensing system for fire protection technology service agencies, and provides that fire protection technical service agencies should obtain corresponding qualification certificates and engage in fire protection technical service activities within the scope of their qualifications. The regulations encourage the establishment of fire-fighting technical service industry associations relying on fire protection associations to strengthen self-regulation of the industry and promote the healthy development of the industry. At the same time, it is stipulated that fire protection associations and fire protection technical service industry associations shall not engage in profitable social firefighting technical service activities and may not conduct industry monopolies.

(B) Classification and Conditions

First, according to the practice and market requirements of firefighting technology services, the qualifications of firefighting facilities maintenance and inspection organizations are categorized into Class I, Class II and Class III. The qualifications of fire safety assessment agencies are divided into Class I and Class II. The second is to meet the requirements of different types of firefighting technology service organizations and technical services, to unify the barriers to entry, and to specify the qualification conditions for legal person qualifications, office space, registered capital, equipment and equipment, employees, and performance, etc. The number of registered fire engineers is stipulated in the qualification conditions, which sets important conditions for the quality of firefighting technology services.

(III) Qualification Licensing Procedure

The first is the explicit permission of the subject. It is stipulated that the qualifications of fire technology service agencies shall be examined and approved by the fire protection agencies of provincial-level public security agencies. Among them, the fire safety bureau of the Ministry of Public Security shall review in writing the fire safety assessment agencies that are to be approved.

The second is to provide for licensing procedures. Where it is stipulated that an application for the qualification of a firefighting technical service agency, an application shall be submitted to the fire protection agency of the provincial public security organ where the institution is located; the requirements for the content of the application materials, acceptance of the application, and the time limit for examination shall be specified.

The third is the introduction of an expert review mechanism. It is stipulated that during the examination and approval, the public security organ fire-fighting organization shall organize an expert review to conduct on-site verification of the applicant's site and equipment, etc. The specific measures for expert review shall be formulated and announced by the Fire Bureau of the Ministry of Public Security.

The fourth is to specify the validity period of the qualification certificate. In order to supervise the fire protection technical service agencies to continue to meet the qualification requirements and ensure the service quality, the qualification certificate shall be valid for 3 years; if the validity period expires, the application shall be submitted to the original fire safety agency of the public security authority 3 months before the expiry of the validity period , and the application shall be made. The conditions for the renewal formalities are not granted.

Section IV   Normative documents

I. Notice of the Provisional Regulations on the Issuance of the Registered Fire Engineer System and the Measures for Implementing the Registered Fire Engineer Qualification Examination and the Accredited Measures for Registered Fire Engineer Qualification Examinations

(I) Provisional Regulations

1. Concept. Registered fire engineer refers to the professional technicians engaged in fire safety technical inspections such as fire protection facilities inspection and fire safety monitoring after they have obtained the corresponding level registered fire engineer qualification certificate after registration and are registered according to law. They are divided into senior registered fire protection engineers and first-level registered fire protection. Engineer and secondary registered fire engineer.

2. Qualification test. The Ministry of Human Resources and Social Security, the Ministry of Public Security, and the human resources and social security administrative departments of the provinces, autonomous regions, and municipalities directly under the Central Government, and the fire protection agencies of the public security agencies carry out work related to the registration of fire engineer qualification examinations in accordance with the division of responsibilities. The first-level registered fire engineer qualification certificate is valid nationwide, and the second-level registered fire engineer qualification certificate is valid in the administrative area where it is located.

3. Register for practice. A person who has obtained a registered fire engineer qualification certificate may be registered as a fire engineer by the registered party. A registered fire engineer shall carry out fire safety technology practice activities that are in line with the agency's business scope and qualification level in an approved fire technology service agency or fire safety key unit.

The fire safety technical professional activities mainly include fire technology consulting and fire safety assessment, fire safety management and technical training, fire facilities inspection and maintenance, fire safety monitoring and inspection, fire accident technical analysis, and other fire prevention as prescribed by the Ministry of Public Security or provincial public security agencies. Safety technology work.

4. Rights and obligations. Registered fire engineers enjoy the use of registered fire engineer appellations; engage in fire safety technology practice activities within the prescribed scope; advise on violations of relevant laws, regulations, and technical standards; and report to the registration approval department or higher level authority at this level; Education; Obtaining labor remuneration corresponding to the practice responsibilities Responding to violations of one’s rights and other rights. At the same time, it complies with laws, regulations, and relevant management regulations, abides by professional ethics; implements fire laws, regulations, rules, and relevant technical standards; performs job responsibilities and ensures the quality of fire safety technology practice activities; and undertakes corresponding responsibilities; The business and technical secrets of the employing unit shall not be allowed to allow others to practise in their own name; constantly update their knowledge and improve their fire safety technical capabilities; and fulfill related duties such as those assigned by the registration management department.

5. Appointment is preferred. For those who pass the examination to obtain the corresponding level registered fire engineer qualification certificate and meet the qualifications for the technical positions of the engineer and assistant engineer in the "Regulations for the Proposal of Engineering and Technical Personnel Duties", the employing unit may employ the appropriate level of professional and technical positions according to the needs of the job. One-level registered fire engineer qualification obtained through the examination is a prerequisite for applying for the title of senior engineer of fire protection professional in the fields of fire safety monitoring and fire protection facility testing.

The information in this article comes from the Internet and was reorganized and edited by China Rescue Equipment Network.