Basic Information
Order No. 29issued by thePeople's Republic of China
Effect levellaw
Timelinessin force
Date2019-04-23
ImplementationDate2019-04-23
Issued bythe Standing Committee of the National People's Congress
Issued bythe Standing Committee of the National People's Congress
Chapter I General Provisions
First
In order to prevent fires and reduce fire hazards, strengthen emergency rescue work, protect personal and property safety, and maintain public safety, this law was enacted.
Article 2
The fire prevention work implements the principle of prevention first and combination of prevention and elimination. In accordance with the principles of unified government leadership, departmental supervision, full unit responsibility, and active citizen participation, the fire safety responsibility system has been established and a socialized fire protection work network has been established.
Article 3
The State Council leads the nationwide fire protection work. Local people's governments at various levels are responsible for fire fighting in their own administrative areas. People's governments at all levels should incorporate fire protection work into their national economic and social development plans, and ensure that fire protection work is compatible with economic and social development.
Article 4
The emergency management department of the State Council exercises supervision and management of fire protection work across the country. The emergency management department of the local people's government at or above the county level supervises and manages the fire protection work in its own administrative area, and the fire rescue agency of the people's government at the corresponding level is responsible for implementation. The fire protection of military facilities shall be supervised and managed by its competent unit and assisted by fire rescue agencies; the fire protection of underground mines, nuclear power plants and offshore oil and gas facilities shall be supervised and managed by its competent unit. Within the scope of their respective duties, other relevant departments of the people's governments at or above the county level shall do a good job in fire protection in accordance with the provisions of this Law and other relevant laws and regulations. Where laws and administrative regulations provide otherwise for fire protection work in forests and grasslands, such provisions shall prevail.
The fifth
Any unit or individual has the obligation to maintain fire safety, protect fire facilities, prevent fires, and report fire alarms. All units and adults have the obligation to participate in organized fire fighting.
Article 6
People's governments at all levels should organize regular fire prevention publicity and education to raise citizens' awareness of fire safety. Organs, groups, enterprises, institutions and other units shall strengthen fire prevention propaganda and education for their own personnel. Emergency management departments and fire rescue agencies shall strengthen the publicity of fire protection laws and regulations, and supervise, guide and assist relevant units to do a good job in fire protection publicity and education. The competent administrative department of education, human resources, schools, and relevant vocational training institutions shall incorporate fire prevention knowledge into the content of education, teaching, and training. Relevant units such as news, radio, and television shall conduct targeted fire prevention education to the society. Trade unions, communist youth leagues, women's federations and other groups shall, in light of the characteristics of their respective work targets, organize and carry out fire prevention publicity and education. Villagers 'committees and residents' committees shall assist the people's government, public security organs, emergency management and other departments to strengthen fire prevention publicity and education.
Article 7
The State encourages and supports fire scientific research and technological innovation, promotes the use of advanced fire fighting and emergency rescue technologies and equipment, and encourages and supports social forces to carry out fire public welfare activities. Units and individuals who have made outstanding contributions in fire protection work shall be commended and rewarded in accordance with relevant state regulations.
Chapter II Fire Prevention
eighth
Local people's governments at various levels shall incorporate fire protection planning including fire safety layout, fire stations, fire water supply, fire communication, fire truck passages, fire equipment, etc. into urban and rural planning, and be responsible for the organization and implementation. If the urban and rural fire safety layout does not meet the fire safety requirements, it shall be adjusted and improved; if the public fire protection facilities and fire fighting equipment are insufficient or do not meet the actual needs, they shall be added, rebuilt, configured or technologically modified.
Article 9
The fire protection design and construction of construction projects must meet the national fire protection technical standards for engineering construction. Construction, design, construction, engineering supervision and other units are responsible for the fire protection design and construction quality of construction projects according to law.
Article 10
For construction projects that require fire protection design in accordance with national engineering fire protection technical standards, a fire protection design review and acceptance system for construction projects is implemented.
Article 11
For special construction projects specified by the State Council ’s housing and urban-rural construction department, the construction unit shall submit the fire protection design document to the housing and urban-rural construction department for review, and the housing and urban-rural construction department shall be responsible for the results of the review. For other construction projects other than those specified in the preceding paragraph, the construction unit shall provide fire protection design drawings and technical data that meet the construction requirements when applying for a construction permit or applying for approval to start the construction report.
Article 12
For special construction projects that have not been reviewed or failed in the fire protection design, the construction unit or construction unit shall not carry out construction; for other construction projects, the construction unit fails to provide fire protection design drawings and technical data that meet the construction requirements, the relevant departments shall not issue construction permits or Approve the start report.
Article 13
The State Council ’s competent department of housing and urban and rural construction stipulated that construction projects that should apply for fire inspection and acceptance were completed, and the construction unit shall apply to the housing and urban and rural construction authorities for fire inspection and acceptance. For construction projects other than those specified in the preceding paragraph, the construction unit shall report to the competent department of housing and urban and rural construction for record after acceptance, and the competent department of housing and urban and rural construction shall conduct spot checks. Construction projects that should undergo fire inspection and acceptance in accordance with the law shall not be put into use if they fail to pass the fire inspection or fail in acceptance; other construction projects shall be discontinued if they fail to pass the spot inspection in accordance with law.
Article 14
The specific measures for the fire protection design review, fire acceptance, filing and spot checks of construction projects shall be prescribed by the State Council ’s housing and urban-rural construction department.
Article 15
Before the public gathering place is put into use or business, the construction unit or user unit shall apply to the fire rescue agency of the local people's government at or above the county level where the place is located for fire safety inspection. The fire rescue agency shall, within ten working days from the date of accepting the application, conduct a fire safety inspection of the site in accordance with fire technical standards and management regulations. Those who do not meet the fire safety requirements without being inspected for fire safety shall not be put into use or business.
Article 16
Organs, groups, enterprises, institutions and other units shall perform the following fire safety responsibilities: (1) implement the fire safety responsibility system, formulate the unit's fire safety system, fire safety operating procedures, and formulate fire prevention and emergency evacuation plans; (2) in accordance with the state Standards and industry standards are equipped with fire protection facilities and equipment, set fire safety signs, and regularly organize inspections and maintenance to ensure integrity and effectiveness; Archive for future reference; (4) Ensure that evacuation routes, safe exits, and fire trucks are unobstructed, and ensure that fire and smoke prevention zones and fire separation distances meet fire technical standards; (5) Organize fire inspections to eliminate fire hazards in a timely manner; (6) Organize targeted investigations (7) Other fire safety duties as provided by laws and regulations. The main person in charge of the unit is the person responsible for fire safety of the unit.
Article 17
The fire rescue agencies of local people's governments at or above the county level shall identify the units that are more likely to have a fire and cause a major personal injury or property loss due to the fire, and shall be designated as the key units of fire safety within the administrative area and reported by the emergency management department People's government at the corresponding level for the record. In addition to performing the duties specified in Article 16 of this law, key fire safety units shall also perform the following fire safety duties: (1) determine the fire safety manager and organize and implement the fire safety management work of the unit; (2) establish fire safety Archives, identify key parts of fire safety, set fire signs, and implement strict management; (3) implement daily fire inspections and establish inspection records; (4) conduct pre-job fire safety training for employees, and regularly organize fire safety training and fire drills .
Article 18
Where the same building is managed or used by two or more units, the fire safety responsibilities of each party shall be clearly defined, and the responsible persons shall be identified to conduct unified management of the shared evacuation passages, safety exits, building fire protection facilities and fire truck passages. Property service enterprises in residential areas shall maintain and manage the common fire protection facilities in the management area and provide fire safety prevention services.
Article 19
The places where flammable and explosive dangerous goods are produced, stored, and operated must not be located in the same building as the living place, and a safe distance from the living place should be maintained. Where the place for production, storage, and operation of other articles is located in the same building as the dwelling place, it shall meet the national fire protection technical standards for engineering construction.
Article 20
For large-scale mass events, the contractor should apply to the public security organ for a safety permit, formulate firefighting and emergency evacuation plans and organize drills, define the division of responsibility for fire safety, identify fire safety management personnel, and maintain complete and effective fire protection facilities and equipment. , To ensure that evacuation routes, safety exits, evacuation instructions, emergency lighting and fire truck passages meet fire technical standards and management regulations.
Article 21
It is forbidden to smoke or use open flames in places with danger of fire or explosion. If it is necessary to use open fire due to special circumstances such as construction, it should go through the examination and approval procedures in advance and adopt corresponding fire safety measures in accordance with the regulations; the operators should abide by the fire safety regulations. Personnel who perform fire-hazardous operations such as electric welding and gas welding, and operators of automatic fire protection systems, must hold a certificate to work and follow fire safety operating procedures.
Article 22
The installation, production, storage, loading and unloading of flammable and explosive dangerous goods in factories, warehouses, special stations and wharfs shall comply with fire protection technical standards. Filling stations, supply stations, and pressure regulating stations for flammable and explosive gases and liquids shall be located at locations that meet the requirements of fire safety and meet the requirements of fire protection and explosion prevention. The factories, warehouses and special stations, docks, production, storage, loading and unloading of flammable and explosive dangerous goods already installed, filling stations, supply stations, and pressure regulating stations for flammable and explosive gases and liquids no longer meet the requirements of the preceding paragraph The local people's government shall organize and coordinate the relevant departments and units to solve within a time limit to eliminate hidden dangers.
Article 23
Production, storage, transportation, sales, use, and destruction of flammable and explosive dangerous goods must implement fire protection technical standards and management regulations. When entering a place where flammable and explosive dangerous goods are produced or stored, fire safety regulations must be implemented. It is prohibited to illegally carry flammable and explosive dangerous goods into public places or take public transportation. The management of warehouses that store combustible materials must implement fire protection technical standards and management regulations.
Article 24
Fire products must meet national standards; if there is no national standard, it must meet industry standards. It is prohibited to produce, sell or use unqualified fire products and fire products that have been eliminated by the state. Fire-fighting products that implement compulsory product certification in accordance with the law can only be produced, sold, and used after they have passed the compulsory requirements of national standards and industry standards by certification bodies with legal qualifications. The catalog of fire protection products subject to compulsory product certification shall be formulated and announced by the product quality supervision department of the State Council in conjunction with the emergency management department of the State Council. Newly developed fire protection products that have not yet formulated national standards or industry standards shall be manufactured, sold, and used only after meeting technical requirements for fire safety in accordance with the methods prescribed by the product quality supervision department of the State Council in conjunction with the emergency management department of the State Council. Fire protection products that have passed the compulsory product certification or technical certification according to the provisions of this Article shall be announced by the emergency management department of the State Council.
Article 25
Product quality supervision departments, industry and commerce administrative departments, and fire rescue agencies shall strengthen the supervision and inspection of the quality of fire protection products in accordance with their respective duties.
Article 26
The fire performance of building components, building materials and interior decoration and decoration materials must meet national standards; if there is no national standard, it must meet industry standards. For interior decoration and decoration in densely populated places, non-combustible and non-combustible materials shall be used in accordance with the requirements of fire protection technical standards.
Article 27
The product standards for electrical products and gas appliances shall meet the requirements for fire safety. The installation and use of electrical products and gas appliances, as well as the design, laying, maintenance and testing of their circuits and piping, must comply with fire protection technical standards and management regulations.
Article 28
No unit or individual shall damage, misappropriate, or dismantle or deactivate fire-fighting facilities or equipment without authorization, and shall not bury, circle, block fire hydrants or occupy fire prevention distances, and shall not occupy, block, or close evacuation passages, safety exits, or fire truck passages. Doors and windows in crowded places shall not be provided with obstacles that affect escape and fire rescue.
Article 29
The unit responsible for the maintenance and management of public fire protection facilities shall keep the public fire protection facilities such as fire water supply, fire communication, and fire truck passages intact and effective. If the construction of roads, power outages, water cuts, or communication lines may affect the fire brigade's fire fighting and rescue operations, the relevant units must notify the local fire rescue agency in advance.
Article 30
Local people's governments at all levels should strengthen leadership over rural fire protection work, take measures to strengthen the construction of public fire protection facilities, organize the establishment and supervision of the implementation of the fire safety responsibility system.
Article 31
During the agricultural harvest season, forest and grassland fire prevention periods, major holidays, and fire-prone seasons, local people's governments at all levels should organize targeted fire prevention publicity and education, adopt fire prevention measures, and conduct fire safety inspections.
Article 32
Township people's governments and urban sub-district offices should guide, support and help villagers 'committees and residents' committees to carry out mass fire protection work. Villagers 'committees and residents' committees shall determine fire safety managers, organize and formulate fire safety conventions, and conduct fire safety inspections.
Article 33
The State encourages and guides public gathering places and enterprises that produce, store, transport, and sell flammable and explosive dangerous goods to apply for public fire insurance for fires; insurance companies are encouraged to underwrite fire public liability insurance.
Article 34
Fire technical service organizations and practitioners such as fire product quality certification, fire facility testing, fire safety monitoring, etc. shall obtain corresponding qualifications and qualifications in accordance with the law; in accordance with laws, administrative regulations, national standards, industry standards and practice guidelines, accept the commission to provide fire protection technology Service and responsible for the quality of service.
Chapter III Fire Organization
Article 35
People's governments at all levels should strengthen the construction of fire prevention organizations, establish various forms of fire prevention organizations in accordance with the needs of economic and social development, strengthen the training of fire fighting technical personnel, and enhance the capabilities of fire prevention, suppression and emergency rescue.
Article 36
Local people's governments at or above the county level shall establish national comprehensive fire rescue teams and full-time fire brigades in accordance with state regulations, and provide fire fighting equipment in accordance with national standards to undertake fire fighting and rescue work. The township people's government shall establish a full-time fire brigade and a voluntary fire brigade in accordance with the needs of local economic development and fire protection work, to undertake fire fighting work.
Article 37
The national comprehensive fire rescue team and full-time fire rescue team shall undertake major disaster accidents and other emergency rescue work mainly to save personnel's lives in accordance with national regulations.
Article 38
The national comprehensive fire rescue team and full-time fire brigade shall give full play to the backbone of the professional force of fire fighting and emergency rescue; in accordance with state regulations, organize and implement professional skills training, equip and maintain equipment and equipment, and improve fire fighting and emergency rescue capabilities.
Article 39
The following units shall establish a full-time unit fire brigade to undertake their own fire fighting work: (1) large nuclear facilities, large power plants, civil airports, and major ports; (2) large enterprises that produce and store flammable and explosive dangerous goods (3) Large-scale warehouses and bases that store important combustible materials; (4) Other large-scale fire hazards other than those specified in Items 1, 2, and 3, which are far away from the national comprehensive fire rescue team (5) The management unit of the ancient building group that is far from the national comprehensive fire rescue team and is listed as a national key cultural relics protection unit.
Article 40
The establishment of a full-time fire brigade shall comply with the relevant state regulations and report to the local fire rescue agency for acceptance. Full-time fire brigade members enjoy social insurance and welfare benefits in accordance with law.
Article 41
Government agencies, groups, enterprises, institutions and other units, as well as villagers 'committees and residents' committees, establish various types of fire prevention organizations, including voluntary fire brigades, to carry out mass self-defense and self-rescue work.
Article 42
Fire rescue agencies shall provide professional guidance to fire protection organizations such as full-time fire brigade, volunteer fire brigade, etc .; according to the needs of fire fighting, they may mobilize and direct full-time fire brigade to participate in fire fighting work.
Chapter IV Fire Fighting and Rescue
Article 43
Local people's governments at or above the county level shall organize relevant departments to formulate emergency plans for the characteristics of fires in their respective administrative areas, establish emergency response and disposal mechanisms, and provide personnel, equipment and other guarantees for fire fighting and emergency rescue work.
Article 44
Anyone who finds a fire should call the police immediately. Any unit or individual shall facilitate the alarm without compensation and shall not block the alarm. It is strictly forbidden to report fire alarms. If a fire occurs in a densely populated area, the on-site staff at that location shall immediately organize and guide the evacuation of the personnel present. Any unit that has a fire must immediately organize a fire fighting. Neighboring units should provide support. When the fire brigade receives a fire alarm, it must immediately rush to the scene of the fire to rescue the distressed people, eliminate the danger, and put out the fire.
Article 45
The fire rescue agencies shall organize and direct the fire fighting at the scene of the fire uniformly, and shall give priority to guaranteeing the lives of those in distress. The commander of the fire scene has the right to decide the following matters according to the need to extinguish the fire: (1) use of various water sources; (2) cut off the transmission of electricity, flammable gases and combustible liquids, and restrict the use of fire and electricity; (3) set warnings (4) Utilize nearby buildings and related facilities; (5) In order to rescue personnel and important materials and prevent the spread of fire, demolish or damage buildings, structures or facilities adjacent to the fire scene; (6) Mobilize relevant units such as water supply, power supply, gas supply, communication, medical rescue, transportation, environmental protection, etc. to assist fire fighting and rescue. In accordance with the urgent need to extinguish fires, the relevant local people's governments shall organize personnel and mobilize necessary materials to support fire fighting.
Article 46
The national comprehensive fire rescue teams and full-time fire teams participate in emergency rescue work for major disasters other than fires, and are led by the people's governments at or above the county level.
Article 47
Fire trucks and fireboats are going to perform fire fighting or emergency rescue missions. On the premise of ensuring safety, they are not restricted by the speed, route, direction, and command signals. Other vehicles, ships, and pedestrians should give way and do not intersect. Toll roads and bridges are free of vehicle tolls. The traffic management commanders shall ensure the rapid passage of fire trucks and fireboats. Where fire fighters rushing to the scene of a fire or emergency rescue and the fire fighting equipment and materials mobilized need rail, waterway or air transportation, the relevant units shall give priority to transportation.
Article 48
Fire trucks, fireboats, and firefighting equipment, equipment and facilities shall not be used for matters not related to firefighting and emergency rescue work.
Article 49
The national comprehensive fire rescue team and full-time fire rescue team shall not charge any fees for fire fighting and emergency rescue. The full-time fire brigade and voluntary fire brigade of the unit participating in the extinguishment of the fire, fuel, extinguishing agent and equipment, equipment and other equipment consumed by foreign units shall be compensated by the people's government where the fire occurred.
Article 50
Personnel who have been injured, disabled or killed as a result of participating in a fire extinguishment or emergency rescue shall be given medical treatment and care in accordance with relevant state regulations.
Article 51
The fire rescue agency has the right to close the fire scene as needed, and is responsible for investigating the cause of the fire and counting fire losses. After the fire is extinguished, the fire-fighting unit and relevant personnel shall protect the site according to the requirements of the fire rescue agency, accept the accident investigation, and provide truthful information about the fire. The fire rescue agency shall, in accordance with the fire scene investigation, investigation, and relevant inspection and appraisal opinions, prepare a fire accident certification in time to serve as evidence for handling the fire accident.
Chapter V Supervision and Inspection
Article 52
Local people's governments at various levels should implement the fire protection work responsibility system, and supervise and inspect the performance of fire safety duties by relevant departments of people's governments at the corresponding levels. Relevant departments of local people's governments at or above the county level shall carry out targeted fire safety inspections in accordance with the characteristics of the system, and promptly urge and rectify hidden fire hazards.
Article 53
Fire rescue agencies shall supervise and inspect the compliance of fire control laws and regulations by agencies, groups, enterprises, and institutions. The public security police station may be responsible for daily fire supervision and inspection, and conduct fire prevention propaganda and education. The specific measures shall be prescribed by the public security department of the State Council. Staff of fire rescue agencies and public security police stations shall produce certificates for fire supervision and inspection.
Article 54
If a fire rescue agency finds a fire hazard during fire supervision and inspection, it shall notify the relevant unit or individual to take immediate measures to eliminate the hidden danger; if the hidden danger is not removed in a timely manner and may seriously threaten public safety, the fire rescue agency shall temporarily seal off the dangerous part or place in accordance with regulations Measures.
Article 55
If a fire rescue agency finds that the urban and rural fire safety layout, public fire protection facilities do not meet the fire safety requirements, or finds that there are major fire hazards affecting public safety in the area, the emergency management department shall report in writing to the people's government at the same level. The people's government receiving the report shall verify the situation in a timely manner, and organize or instruct the relevant departments and units to take measures to rectify it.
Article 56
Housing and urban-rural construction authorities, fire rescue agencies and their staff shall conduct fire design review, fire acceptance, record-checking, and fire safety inspection in accordance with statutory powers and procedures to be fair, strict, civilized, and efficient. Housing and urban-rural construction authorities, fire rescue agencies and their staff shall conduct fire design review, fire inspection acceptance, record-checking and fire safety inspection, etc., shall not charge fees, may not use their positions for profit; they may not use positions to designate users, construction units or The brand, sales unit, or fire technical service organization, or fire protection facility construction unit of the designated fire protection product in disguise.
Article 57
Housing and urban-rural construction authorities, fire rescue agencies and their staff members shall consciously accept the supervision of society and citizens when performing their duties. Any unit and individual has the right to report and prosecute the illegal acts of housing and urban-rural construction authorities, fire rescue agencies and their staff in law enforcement. The authorities that have received the report or complaint shall promptly investigate and deal with it according to their duties.
Chapter VI Legal Liability
Article 58
In violation of the provisions of this law, one of the following acts shall be ordered by the competent department of housing and urban-rural construction and fire rescue agencies to stop construction, use or production and operations in accordance with their respective functions and powers, and a fine of 30,000 to 300,000 shall be imposed: ( (1) Construction projects that are required to conduct a fire design review in accordance with the law, and which are constructed without approval or failed in the review; (2) Construction projects that are required to undergo a fire inspection in accordance with the law, and have been put into use without fire inspection or unqualified fire inspection (3) Other construction projects specified in Article 13 of this law fail to pass the random inspection after acceptance in accordance with the law, and do not stop using it; (4) The public gathering place has not passed the fire safety inspection or has failed to meet the fire safety requirements after inspection, without authorization Put into use, business. If the construction unit fails to report to the competent department of housing and urban and rural construction for record after acceptance in accordance with the provisions of this law, the competent department of housing and urban and rural construction shall order correction and impose a fine below 5,000 yuan.
Article 59
In violation of the provisions of this Law, one of the following acts shall be ordered by the competent department of housing and urban-rural construction to correct or suspend construction, and a fine of 10,000 yuan to 100,000 yuan shall be imposed: (1) The construction unit requires an architectural design unit or a construction enterprise Decrease the design and construction of fire protection technical standards; (2) The building design unit does not perform fire protection design in accordance with the compulsory requirements of fire protection technical standards; (3) The construction construction enterprise does not operate in accordance with the fire protection design documents and fire protection technical standards, reducing the quality of fire protection construction (4) The project supervision unit colludes with the construction unit or construction enterprise to falsify and reduce the quality of fire protection construction.
Article 60
If the unit violates the provisions of this law and commits one of the following acts, it shall be ordered to make a correction and a fine of not less than 5,000 yuan but not more than 50,000 yuan shall be imposed: (1) the configuration and setting of fire protection facilities, equipment or fire safety signs do not conform to national standards and industry standards, Or it has not been kept intact and effective; (2) Damaged, misappropriated, or unauthorized removal or deactivation of fire-fighting facilities and equipment; (3) Occupied, blocked, closed evacuation passages, safety exits or other acts that prevent safe evacuation; Buried pressure, occupancy, obstruction of fire hydrants, or occupation of fire prevention distances; (5) Occupation, blockage, or closure of fire truck passages and obstructing the passage of fire trucks; (6) Obstacles in doors and windows in crowded places that affect escape, fire extinguishing and rescue (7) Failure to take prompt measures to eliminate the fire hazard after being notified by the fire rescue agency. An individual who commits one of the second, third, fourth, and fifth acts in the preceding paragraph shall be given a warning or a fine of less than 500 yuan. If any of the acts in the third, fourth, fifth, and sixth paragraphs of the first paragraph of this article is ordered to refuse to make corrections, they shall be enforced at the expense of the offender.
Article 61
Where the place where the inflammable and explosive dangerous goods are produced, stored and operated is located in the same building as the residential place, or if the safety place is not kept at a safe distance from the residential place, the production and business shall be ordered to be suspended and a fine of not less than 5,000 yuan but not more than 50,000 yuan shall be imposed. Places for production, storage, and operation of other items are set up in the same building as the dwelling place, and those that do not meet the fire protection technical standards shall be punished in accordance with the provisions of the preceding paragraph.
Article 62
Anyone who commits one of the following acts shall be punished in accordance with the Law of the People ’s Republic of China on Public Security Administration Punishment Law: (1) Production, storage, transportation, sale, use, or destruction of flammable and explosive dangerous goods in violation of relevant fire protection technical standards and management regulations (2) illegally carrying inflammable and explosive dangerous goods into public places or taking public transport; (3) falsely reporting fire alarms; (4) obstructing fire trucks and fireboats from performing their tasks; (5) obstructing fire rescue agencies Staff members perform their duties according to law.
Article 63
In violation of the provisions of this law, one of the following acts shall be punished with a warning or a fine of less than five hundred yuan; if the circumstances are serious, they shall be detained for less than five days: (1) Violating fire safety regulations and entering a place where production and storage of flammable and explosive dangerous goods are violated (2) using open flames in violation of regulations or smoking or using open flames in places where there is a danger of fire or explosion.
Article 64
In violation of the provisions of this law, if one of the following acts does not constitute a crime, he shall be detained for more than 10 days and less than 15 days and may be fined not more than 500 yuan; if the circumstances are lighter, he shall be warned or fined not more than 500 yuan: (1) Instructing or forcing others to violate the fire safety regulations and take risks; (2) Negligently causing a fire; (3) Blocking the alarm after a fire has occurred, or failing to report to the police in time; Disturbing the order of the fire scene, or refusing to execute the command of the fire scene commander, affecting the fire fighting and rescue; (5) deliberately destroying or forging the fire scene; (6) unauthorizedly unsealing or using the places and parts sealed by the fire rescue agency.
Article 65
In violation of the provisions of this Law, the production and sale of unqualified fire products or fire products eliminated by the state shall be severely punished by the product quality supervision department or the administrative department for industry and commerce in accordance with the provisions of the “Product Quality Law of the People ’s Republic of China”. Those who use unqualified fire-fighting products or fire-fighting products eliminated by the national order in densely populated areas shall be ordered to make corrections within a time limit; those who fail to make corrections within the time limit shall be fined 5,000 yuan to 50,000 yuan and shall be directly responsible for the persons in charge and other direct responsibilities. The personnel shall be fined from 500 yuan to 2,000 yuan; if the circumstances are serious, they shall be ordered to suspend production and business. In the case of the second paragraph of this article, the fire rescue agency shall, in addition to punishing the user in accordance with the law, notify the product quality supervision department and the industry and commerce administration department of the fire fighting products found to be unqualified and those fired by the state. The product quality supervision department and industry and commerce administration department shall timely investigate and punish the producers and sellers according to law.
Article 66
The installation and use of electrical products and gas appliances, as well as the design, laying, maintenance, and testing of their circuits and piping, shall be ordered to be corrected within a time limit; if they are not corrected within the time limit, they shall be ordered to cease use and may be imposed concurrently A fine ranging from 1,000 yuan to 5,000 yuan.
Article 67
Organs, organizations, enterprises, institutions, etc. who violate the provisions of Article 16, Article 17, Article 18, Article 21, Paragraph 2 of this Law shall be ordered to make corrections within a specified period of time; The person in charge and other persons directly responsible shall be punished or given a warning or punishment according to law.
Article 68
If a fire occurs in a densely populated place, the on-site staff at the site fails to perform the obligation to organize and guide the evacuation of the people on the site. If the circumstances are serious and the crime has not yet been constituted, they shall be detained for five to ten days.
Article 69
Fire service technical service organizations such as fire product quality certification and fire facilities testing who issue false documents shall be ordered to make corrections, be fined 50,000 yuan up to 100,000 yuan, and directly responsible supervisors and other directly responsible persons shall be levied more than 10,000 yuan. A fine of less than 10,000 yuan; if there is illegal income, the illegal income shall be confiscated; if it causes losses to others, it shall be liable for compensation according to law; if the circumstances are serious, the original licensing authority shall be ordered to stop practicing or revoke the corresponding qualifications and qualifications. If the institution stipulated in the preceding paragraph issues false documents and causes losses to others, it shall be liable for compensation according to law; if it causes major losses, the original licensing authority shall be ordered to stop practicing or revoke the corresponding qualifications and qualifications.
Article 70
The administrative penalties provided for in this Law shall be determined by the public security organs in accordance with the relevant provisions of the "Policy on Public Security Administration of the People's Republic of China", and shall be determined by the competent departments of housing and urban-rural construction and fire rescue agencies in accordance with their respective powers. Those who are ordered to stop construction, use, production, or business shall report to the department or institution that made the decision after rectification. Only after passing the inspection can construction, use, production, and operation be resumed. If the party fails to implement the decision to suspend production, business, use or construction, it shall be enforced by the department or institution that made the decision. If the production and business suspension is ordered to have a greater impact on economic and social life, the competent housing and urban-rural construction department or emergency management department shall report to the people's government at the corresponding level for decision.
Article 71
Housing, urban and rural construction departments, and fire and rescue agencies ’staff abuse their powers, neglect their duties, and engage in malpractices for personal gain. If one of the following acts does not constitute a crime, they shall be punished according to law: Documents, construction projects, and sites that are approved for inspection, fire inspection and acceptance, and fire safety inspection are qualified; (2) Fire design review, fire inspection, and fire safety inspection are delayed for no reason without performing their duties within the legal time limit; (3) hidden fire hazards are discovered Failure to notify relevant units or individuals for rectification in a timely manner; (4) using their positions to designate or disguise fire protection product brands, sales units or fire technical service agencies, fire protection facility construction units for users or construction units; Fireboats and firefighting equipment, equipment and facilities are used for matters not related to firefighting and emergency rescue; (6) Other acts of abusing their powers, neglecting their duties, and engaging in malpractices for personal gain. Product quality supervision, administration of industry and commerce, and other relevant administrative departments ’staff who abuse their powers, neglect their duties, or engage in malpractices for personal gain in fire protection work, shall not be punished in accordance with law, and shall be punished in accordance with law.
Article 72
Violations of the provisions of this law that constitute a crime shall be investigated for criminal responsibility in accordance with the law.
Chapter VII Supplementary Provisions
Article 73
The meanings of the following terms in this Law: (1) Fire protection facilities refer to automatic fire alarm systems, automatic fire extinguishing systems, hydrant systems, smoke and smoke exhaust systems, emergency broadcasting and emergency lighting, and safety evacuation facilities. (2) Fire protection products refer to products specially used for fire prevention, fire rescue and fire protection, evacuation and escape. (3) Public gathering places refer to hotels, restaurants, shopping malls, bazaars, passenger terminal waiting rooms, passenger terminal waiting rooms, civil airport terminals, stadiums, halls, and public entertainment venues. (4) Personnel-intensive places refer to public gathering places, hospital outpatient buildings, ward buildings, school teaching buildings, libraries, canteens and collective dormitories, nursing homes, welfare homes, nurseries, kindergartens, reading rooms of public libraries, Public exhibition halls, exhibition halls of museums, production and processing workshops of labor-intensive enterprises and collective dormitories for employees, places for tourism and religious activities, etc.
Article 74
This law will come into effect on May 1, 2009.
