Regulations of Shanghai Municipality on Fire Fighting and Prevention
Regulations of Shanghai Municipality on Fire Fighting and Prevention
(Adopted at the 22nd Session of the Standing Committee of the 10th Shanghai Municipal People's Congress on October 27, 1995; amended for the first time in accordance with the Decision on the Amendment of the Regulations of Shanghai Municipality on Fire Fighting and Prevention adopted at the 39th Session of the Standing Committee of the 10th Shanghai Municipal People's Congress on October 17, 1997; amended for the second time in accordance with the Decision on the Amendment of the Regulations of Shanghai Municipality on Fire Fighting and Prevention adopted at the 16th Session of the Standing Committee of the 11th Shanghai Municipal People's Congress on January 25, 2000; amended for the third time in accordance with the Decision on the Amendment of the Regulations of Shanghai Municipality on Fire Fighting and Prevention adopted at the 5th Session of the Standing Committee of the 12th Shanghai Municipal People's Congress on June 26, 2003; revised at the 16th Session of the Standing Committee of the 13th Shanghai Municipal People's Congress on January 13, 2010; amended for the fourth time in accordance with the Decision on the Amendment of the Regulations of Shanghai Municipality on Fire Fighting and Prevention adopted at the 18th Session of the Standing Committee of the 15th Shanghai Municipal People's Congress on March 19, 2020; amended for the fifth time in accordance with the Decision of the Standing Committee of Shanghai Municipal People's Congress on Amending Twelve Local Rules Including the Regulations of Shanghai Municipality on Elderly Care Service and Repealing Six Local Rules Including the Provisions of Shanghai Municipality for the Protection and Development of Telecommunications adopted at the 9th Session of the Standing Committee of the 16th Shanghai Municipal People's Congress on December 28, 2023)
Chapter I General Provisions
Article 1
With a view to preventing and reducing the hazards of fire, strengthening the work of emergency rescue, protecting the safety of life and property, and safeguarding public security, these Regulations are formulated in accordance with the provisions of the Fire Fighting and Prevention Law of the People's Republic of China and other relevant laws and administrative rules, and in the light of the actual circumstances of this Municipality.
Article 2
These Regulations shall apply to the work of fire fighting and prevention and relevant emergency rescue within the administrative area of this Municipality.
Article 3
The people's governments at all levels of this Municipality shall be responsible for the work of fire fighting and prevention within their own administrative areas.
The municipal and district people's governments shall incorporate the work of fire fighting and prevention into the planning for national economy and social development, and organize the implementation thereof, so as to enable the work of fire fighting and prevention to adapt to the economic construction and social development.
Article 4
The emergency administrative departments of the municipal and district people's governments shall supervise and administrate the work of fire fighting and prevention within their own administrative areas, and the fire fighting and rescue department under the people's government at the same level shall be responsible for the implementation thereof.
Article 5
Safeguarding the fire safety is the common responsibility of the whole society. All government organs, mass organizations, enterprises, institutions and such other units (hereinafter referred to as units) and individuals of this Municipality have the obligation of protecting firefighting installations, preventing fire disasters, and reporting for fire alarms.
Article 6
The people's governments at all levels of this Municipality and their relevant departments shall organize and carry out regular dissemination of the knowledge and information about fire fighting and prevention.
The emergency administrative department, the fire fighting and rescue department and the public security organ shall strengthen the dissemination of laws and regulations on fire fighting and prevention, and urge, guide and assist relevant units to do well in the dissemination and education of fire fighting and prevention.
All units shall strengthen the dissemination of knowledge and information about fire fighting and prevention for their employees.
The department of education, human resources, etc., schools and relevant vocational training institutions shall incorporate the knowledge of fire fighting and prevention into the contents of their education, teaching, and training.
News, radios, televisions, press, websites and such other mass media shall actively open columns on fire safety information, and carry out public welfare dissemination of the knowledge and information about fire fighting and prevention.
Mass organizations like the Trade Union, the Communist Youth League, the Women’s Federation, etc. shall, in the light of the features of their respective working objectives, take various forms to disseminate well the knowledge and information about fire fighting and prevention.
Neighborhood/villagers' committees shall assist the people’s government, the public security organ, and the emergency administrative departments in strengthening the dissemination of knowledge and information about fire fighting and prevention.
Article 7
This Municipality shall encourage scientific and technological research and innovation in fire fighting and prevention. Fire fighting and rescue departments and social fire fighting and prevention organizations are encouraged to use advanced scientific and technological achievements to enhance their capabilities in the prevention of fire disaster, fire fighting, and emergency rescue.
This Municipality shall honor and/or reward units and individuals that have made outstanding contributions in the work of fire fighting and prevention or emergency rescue or that have rendered meritorious service by reporting offensive acts against fire safety.
Article 8
This Municipality shall dedicate every November 9 as the Fire Fighting Day.
Chapter II Responsibility for Fire Safety
Article 9
The people's governments at all levels of this Municipality shall consolidate a job responsibility system for fire fighting and prevention according to law.
The principal responsible person of the people's governments at all levels in this Municipality shall be the first responsible person for the fire fighting and prevention in the administrative area. The person in charge shall be the principal responsible person for the work of fire fighting and prevention. Other responsible persons shall consolidate the fire safety system of "one post with two responsibilities".
The superior people's government shall sign an annual job description for fire fighting and prevention with the subordinate people's government to define the job responsibility target for fire fighting and prevention, and assess the completion accordingly.
Article 10
The municipal and district people's governments shall perform the following functions and duties in the work of fire fighting and prevention:
1. establishing a joint committee system for the work of fire fighting and prevention, and researching and coordinating in the solution of major problems in the work of fire fighting and prevention;
2. supervising and examining the performance of fire safety duties by relevant departments of the people's government at the same level;
3. organizing relevant government departments to carry out pertinent examinations of fire safety;
4. incorporating the funds for building public fire fighting facilities and for fire fighting and prevention work into their financial budget, and may support and guarantee the work of fire fighting and prevention education and training, technical services, physical prevention, technical prevention, etc. by means of government purchase of services, etc.;
5. registering and urging to handle the major fire hazards or regional fire hazards that seriously affect the public safety, and pushing the rectification; and
6. other functions and duties in the work of fire fighting and prevention provided by laws and rules.
Article 11
Town/township people's governments and sub-district offices shall organize, guide and urge the units and individuals within their own jurisdictions to do well in the work of fire fighting and prevention, guide, support and help neighborhood/villagers' committees to carry out the mass-participation work of fire fighting and prevention; by means of the city grid and other comprehensive management platforms, promptly coordinate relevant functional departments to dispose public fire fighting installations, and to handle fire hazards and fire safety violations; and organize to do a good job in dealing with the aftermath of fire disasters.
Article 12
In the work of the formulation, adjustment and implementation of the planning, the departments of development and reform, housing and urban-rural development administration, transportation, planning and natural resources, and finance shall perform relevant duties according to the relevant provisions of these Regulations.
The market regulation department shall, in accordance with its responsibilities, strengthen the supervision over the quality of fire fighting products and over the fire fighting products' manufacturing and/or selling units.
The department of emergency administration shall be responsible for the relevant safety supervision and control of dangerous flammable or explosive chemicals, and organize the preparation and implementation of emergency rescue preplan for accidents of dangerous flammable or explosive chemicals.
The departments of economy and informatization, housing and urban-rural development administration, commerce, education, ethnic religion, civil affairs, judicial administration, cultural tourism, health and sanitation, supervision and administration of state-owned assets, sports, transportation, civil defense and other departments shall establish and perfect a standardized management system for fire safety in the industry, and according to the features of their own systems and industries, carry out pertinent examination of fire safety, and urge in a timely manner to rectify hidden fire hazards.
Article 13
The neighborhood/villagers' committee shall determine persons responsible for fire safety, organize residents/villagers to formulate conventions for fire safety, publicize the knowledge of home fire prevention and emergent evacuation, and examine fire safety.
Article 14
The fire fighting and rescue department shall perform the following functions and duties:
1. carrying out and implementing laws and regulations on fire fighting and prevention, carrying out supervisions and examinations of fire fighting and prevention according to law, implementing list-based and classified administration over units and supervising and consolidating their fire safety responsibilities;
2. taking charge of the examination of fire safety before public gathering places are put into use or operation;
3. carrying out disseminations of laws and regulations on fire fighting and prevention, organizing special trainings for fire safety, administering or giving guidance to the building and training of fire fighting teams, and organizing units to carry out fire drills as needed;
4. taking charge of the supervision and examination of fire fighting products in the use;
5. organizing, commanding and exercising the work of fire extinguishment, taking charge of investigations of the cause of fire accidents, and compiling statistics of fire losses;
6. participating in the emergency rescue under the unified leadership of the government;
7. disseminating the research achievements relating to the science and technology of fire fighting and prevention; and
8. performing other functions and duties deemed by a superior competent administrative department as what the fire fighting and rescue department shall perform.
Article 15
The public security police station shall perform the following fire fighting and prevention functions and duties:
1. carrying out the routine supervision and examination of fire fighting and prevention of the residential property's fire safety management and the neighborhood/villagers' committees to fulfill their fire safety responsibilities within its jurisdiction, as well as the units determined by its superior public security organ;
2. checking the fire hazards found according to the responsibilities of the supervision and inspection or reported, complained by the masses, and supervising the rectification;
3. carrying out the education and training on the dissemination about fire fighting and prevention; and
4. protecting the scene of the fire disaster, and assisting in the investigation of the cause of the disaster, and controlling the suspect of the fire disaster in accordance with the law.
The public security organ shall establish a cooperation mechanism with the fire fighting and rescue department and the housing and urban-rural development administration department to strengthen the cooperation in fire fighting supervision and examination, fire hazard verification, fire disaster investigation, punishment of illegal acts, and information sharing, etc.. The public security police station shall investigate and collect evidence on fire safety violations found in the supervision and examination, and assist the fire fighting and rescue departments to investigate and deal with the violation.
Article 16
Units shall perform the following duties of fire safety:
1. implementing a responsibility system for fire safety, and working out and ensuring the implementation of a fire safety system and its operational procedures;
2. installing the fire fighting facility and equipment and setting up fire safety signs in accordance with the relevant provisions of the State and this Municipality, and organizing tests and maintenance at regular intervals to ensure the perfection and effectiveness of the said facility and equipment;
3. ensuring the smooth passage for evacuation passageways, safety exits, and fire engine lanes, and ensuring the fire and smoke protective sections and fire barriers to meet the fire fighting technical standards;
4. improving the conditions for fire prevention, organizing examinations in the interest of fire prevention, and eliminating in time potential fire hazards;
5. according to the features of the units, carrying out the education on the dissemination about fire fighting and prevention among the staff, drawing up preplans for fire extinguishing and emergency evacuation, and organizing fire drills at regular intervals; and
6. organizing their own fire fighting, protecting the scene of a fire accident, and coordinating in the investigation of the cause(s) of a fire accident.
The chief person-in-charge of a unit shall be the person responsible for fire safety in the unit.
All parties in a building that is managed or used by two or more units who either manages or uses the building shall, through joint consultation, define in the signed agreement each party’s rights and interests, obligations and default liabilities.
Article 17
A fire-prone unit identified according to law shall, in addition to the duties provided in Article 16 of these Regulations, perform the following fire safety duties:
1. assigning a person in charge of the fire safety to organize and implement the managerial work of fire safety in the unit;
2. keeping a file of fire fighting and prevention, identifying key spots that are vital to fire safety, setting up warning signs for fire prevention, and exercising strict control;
3. making daily inspections for fire prevention, and keeping a record of such inspections;
4. conducting trainings on fire safety among the staff, and managing the unit's professional and/or voluntary fire brigades, and
5. carrying out fire safety assessment on its own initiative or entrust a fire safety service institution that meets the conditions prescribed by the State, and report the assessment report to the local fire fighting and rescue department for the record within five working days upon the completion of the assessment.
If densely populated areas are identified as key fire safety units, fire safety management personnel shall be appropriately increased and fire safety management be strengthened according to actual needs.
Article 18
The property service enterprise in residential areas shall perform the following fire safety responsibilities within its management area:
1. checking the actual status of the shared fire fighting installations while taking over the property management, keeping a good record of the check and handover, and promptly informing the proprietors' committee, or informing all the proprietors if there is no proprietors' committee established.
2. formulating the fire safety management system and operation procedures in its management area, establishing archives for the fire fighting and prevention, and recording the contents of the fire fighting and prevention archives in accordance with relevant technical standards and specifications;
3. setting up the fire safety signs in accordance with regulations, and carrying out the maintenance and management of the shared fire fighting installations, equipment and materials and fire safety signs in its management area.
4. carrying out fire prevention examinations, take appropriate measures when discovering potential fire hazards, dissuading and stopping proprietors and house-users from violating fire safety management regulations, and reporting to relevant departments in time; and
5. Formulating fire fighting and emergency evacuation plans, and regularly carrying out fire fighting and prevention drills.
If a property service enterprise finds that the shared fire fighting installations in the management area are damaged and needs to use the special fund to repair, renew or innovate, the handling shall comply with the relevant provisions of the State and this Municipality on residential property management.
Article 19
All individuals shall abide by the laws and rules on fire fighting and prevention, study the necessary knowledge of fire fighting, know the safe use of fire, electricity, and/or gas, the safe lighting up and setting off of firecrackers and fireworks, and other common knowledge about fire prevention, fire extinguishing and fire escaping skills, and thus improve their self-protection and self-rescue ability.
Guardians shall give the guarded person(s) education on fire prevention.
Chapter III Fire Prevention
Article 20
The municipal fire fighting and rescue department shall, jointly with the municipal departments of development and reform, housing and urban-rural development administration, transportation, planning and natural resources, organize the preparation of the municipal planning for fire fighting and prevention according to the principle of overall planning and arrangement, scientific and rational consideration, and adaptation to the economic and social development.
The municipal planning for fire fighting and prevention shall include such contents as the layout for fire fighting and prevention, fire stations, water supply and service communications for fire fighting, fire engine lanes, and fire fighting and prevention apparatus and facilities.
The municipal planning for fire fighting and prevention shall, upon the approval of the Municipal People's Government, be incorporated into the urban and rural planning, and specifically implemented by relevant departments according to their respective functions and duties.
Article 21
The urban and rural layout for fire fighting and prevention that does not meet the requirements of fire safety shall be adjusted and perfected promptly.
The district people's government shall, according to the municipal planning for fire fighting and prevention, organize relevant departments to formulate a plan to solve the following problems:
1. densely built areas with low fire resistance rating; and
2. factories, warehouses, docks or other major sources of danger that seriously affect urban and rural fire safety.
Article 22
No unit or individual shall occupy or change the use without authorization the land for the construction of public fire fighting installations that is incorporated into the planning.
Article 23
Public fire fighting installations shall be incorporated into the basic construction plan for municipal facilities. The municipal and district people's governments shall, according to the planning and technical standards for fire fighting and prevention, organize relevant departments to construct, set up and maintain fire stations, fire engine lanes, fire services communications, fire hydrants, and such other public fire fighting installations.
Where public fire fighting installations or apparatus are insufficient or cannot meet the actual need, the emergency administration department shall report to the people's government at the same level in writing. The people's government that receives such a report shall promptly verify the situation and organize relevant departments to increase, rebuild, or set up installations and apparatus, or make technical innovations.
Article 24
This Municipality shall urge the construction of intelligent fire fighting and prevention, incorporated it into the "Integrated Online Management" urban operation and administration system, and provide technical support for fire prevention and control, regional fire risk assessment, fire fighting and emergency rescue based on the Big Data Application Platform of Fire Fighting and Prevention.
Emergency administration, public security, transportation, housing and urban-rural development administration, economic informatization, civil affairs, market supervision, civil defense, meteorology, education, health and sanitation, commerce, cultural tourism, ecological environment, supervision and administration of state-owned assets and other departments, as well as public utilities enterprises for the supply of water, electricity, gas or communication, shall share the supervision and service information related to the fire safety administration.
This Municipality shall urge the construction of the Internet of Things System for fire fighting installations and shall strengthen the remote monitoring of urban fire fighting and prevention. Relevant units shall equip automatic fire alarm system, fixed fire fighting system, smoke control and extraction system and other fire fighting installations in accordance with the national technical standards for fire fighting and prevention in the engineering construction, and set up the Internet of Things System for fire fighting installations in accordance with relevant regulations to transmit the monitoring information to the Big Data Application Platform of Fire Fighting and Prevention in real time.
Other units shall be encouraged to set up the Internet of Things System for fire fighting installations.
Article 25
Development, design, construction, project supervision and other units shall be responsible for the construction projects' fire fighting design and its construction quality according to law.
Article 26
The fire safety design for a construction project shall meet the national technical standard for fire fighting and prevention. If without a national standard, it shall meet the municipal technical standard for fire fighting and prevention. If without provisions in the national or municipal technical standard for fire fighting and prevention, or a special technical standard for fire fighting and prevention is to be adopted, the handling shall comply with relevant provisions of the State and this Municipality.
A unit that undertakes the fire safety design for a construction project shall have corresponding qualifications, and competent personnel to examine and check the fire fighting design, and institute a system of self-examination for fire fighting designs.
Article 27
A unit for a special construction project shall, according to the relevant provisions of the State and this Municipality, submit the document of fire fighting design to the housing and urban-rural development administration department for examination. The housing and urban-rural development administration department shall be responsible for the results of the examination in accordance with the law.
Other construction units for projects other than those provided in the preceding clause shall provide the fire fighting design drawings and technical data that meet the construction needs while applying for a construction permit or for the approval of a commencement report.
For a special construction project without an examination on the fire fighting design, or the examination with an unqualified result, or, for other construction project that the development unit does not provide fire fighting design drawings and technical data to meet the construction needs, the housing and urban-rural development administration department and other relevant departments shall not issue the construction permit or the approval of the commencement report.
The fire fighting design approved by the housing and urban-rural development administration department shall not be modified by any unit or individual without authorization. If a modification is truly necessary, the development unit shall re-apply to the housing and urban-rural development administration department for an fire fighting design examination.
Article 28
A construction unit shall carry out its construction work in accordance with the fire fighting design approved upon examination by the housing and urban-rural development administration department.
A construction unit shall be responsible for the fire safety on the site of a construction project. The overall contraction unit shall be responsible for the fire safety of a construction project under the general contracting. For a building to be partly rebuilt, expanded, or interiorly decorated, the development unit shall define each party’s responsibility for the fire safety on the construction site with the construction unit in the signed contract.
A construction unit shall assign a particular person to take charge of the fire fighting and prevention work on a construction site, ensure the implementation of the management system of fire safety, and have the necessary fire extinguishing equipment ready for use. In case the height of the architectural structure under construction exceeds 24 meters, the construction unit concerned shall make sure of the source of water supply for fire fighting and prevention to be in step with the advancing of the construction.
Article 29
After the completion of the construction project that should apply for the acceptance check for fire fighting and prevention, the development unit shall apply to the housing and urban-rural development administration department for that acceptance check.
For the construction projects other than those provided in the preceding clause, the development unit shall, upon completion as well as check and acceptance, report them to the housing and urban-rural development administration department for filing; and the latter shall conduct a spot check to the said projects.
Construction projects that should apply for the acceptance check for fire fighting and prevention according to law is not allowed to be put into use if without the acceptance check or failing to pass the acceptance check; the use of other construction projects shall be stopped if failed in the spot check according to law.
Article 30
The municipal and district housing and urban-rural development administration departments shall, in accordance with the division of responsibilities of the construction project quality and safety supervision and administration in this Municipality, carry out the examination and acceptance check of the construction projects' fire fighting design.
For the examination and the acceptance check for the fire fighting design, the housing and urban-rural development administration departments may, in accordance with the relevant provisions of the State and this Municipality, entrust qualified technical service institutions to carry out the technical services such as the drawing's technical examination and the on-site assessment through government purchase of services, etc. The entrusted technical service institution shall be responsible for its opinions or reports.
Article 31
The construction of a temporary building or structure or the conversion of a building to a different use shall satisfy the requirements for fire safety.
When renting out factory buildings, warehouses, or high-rise public buildings, property owners and users shall, in accordance with the provisions of the State and this Municipality, provide buildings and premises that meet the corresponding requirements for fire safety, and notify the lessees in advance of the fire safety situation of the buildings or premises. The lessees shall use the leased buildings or premises according to the laws and rules and as agreed upon between both parties. Where the lessor discovers any violation of provisions on fire safety by the lessees, they shall promptly discourage and stop such behavior. In case that such discouragement or stopping proves ineffective, they shall report to the local fire fighting and rescue department in a timely manner.
Article 32
Before public people-gathering places are put into use or opened for business, the development unit or user unit shall apply to the local fire fighting and rescue department for fire safety examination. The fire fighting and rescue departments may implement classified and graded fire safety examination according to the differences in the nature, construction area and fire risk degree of the public people-gathering places. If the State provides for the implementation of notification commitment examination, the provisions shall prevail.
The public people-gathering places may only be put into use or opened for business after passing the fire safety examination.
Article 33
The fireproof properties of structural components, building materials, structural insulating materials, and interior renovation and decoration materials shall satisfy the national standard, or the industrial standard in the absence of a national standard.
Article 34
Fire fighting products shall satisfy the national standard, or the industrial standard in the absence of a national standard.
Any unit that engages in the manufacture, sale and/or repair/maintenance of fire fighting products shall strictly abide by the technical standards or other relevant provisions with regard to the products' quality and labeling.
Article 35
Automatic fire alarm systems, built-in fire extinguishing systems, smoke detecting and discharging systems, and such other fire fighting facilities with higher technical functions shall be installed by units with appropriate qualifications, and be periodically tested by the units that meet the qualifications set by the State.
Article 36
No production facilities or storage places of dangerous flammable or explosive goods shall be constructed, reconstructed or expanded within a distance stipulated by relevant State provisions surrounding the residential clusters, large-scale commercial regions, the Communist Party or government organs, schools, trunk railways, scenic spots and historic sites, vacation and tourist resorts, or other important places. No residential clusters and/or large-scale commercial regions shall be built within a distance stipulated by relevant State provisions near by the existing production facilities or storage places for dangerous flammable or explosive goods.
Article 37
The manufacture, storage, sale, transportation, carrying, use or destruction of dangerous flammable or explosive goods shall abide by the provisions of the State and/or this Municipality on the safe control over dangerous flammable or explosive goods.
The illegal carrying of dangerous flammable or explosive goods into public places or aboard public means of transportation is prohibited.
The mailing and/or carrying in the mail of dangerous flammable or explosive goods are/is prohibited.
The unauthorized carrying of kindling into places where dangerous flammable or explosive goods are manufactured, stored, and/or loaded or unloaded is prohibited.
Residents who store small amounts of dangerous flammable or explosive goods shall select proper containers, put them in a safe place, and keep necessary fire extinguishing equipment ready for use.
Article 38
The unauthorized use of naked flame or smoking in places with potential dangers of fire disasters and/or explosion is prohibited. In case there is a need to use naked flame for a certain job, the procedures of the unit for examination and approval shall be completed beforehand according to relevant provisions, and the workers involved shall abide by the safety provisions, and take strict measures for fire safety.
Workers involved in high-fire-risk work such as electric welding, gas welding, etc. and operators of automatic fire protection systems shall hold a job certificate at work; when engaged in electric welding, gas welding, gas cutting, abrasive wheel cutting, or any other high-fire-risk and/or high-explosion-risk work, they shall strictly abide by the operating rules for fire safety.
The high-fire-risk operation and/or maintenance/repair such as electric welding, gas welding, gas cutting, abrasive wheel cutting, painting, etc. during the business or opening time of a people-gathering place are/is prohibited.
Units equipped with fire control rooms according to the national engineering construction technical standards for fire fighting and prevention shall establish a management system for the fire control room, organize specialized trainings for operators of automatic fire fighting facilities to enhance their operational capabilities and emergency response abilities that meet the post requirements.
Article 39
The installation and/or use of electric appliances and/or gas-burning appliances, the design, laying, repair/maintenance and testing of electric wires and pipelines shall comply with the national and municipal technical standards and controlling provisions on the fire safety.
Units are encouraged to adopt electrical fire monitoring technology to improve the monitoring, early warning and disposal capabilities of the electrical appliances and the operating conditions of their electric wires.
The independent fire detection alarms are encouraged to be installed in residential houses.
Article 40
Public means of transportation such as buses, trolleybuses, taxis, subway trains, ferryboats, etc. shall be equipped with necessary fire fighting equipment, which shall be kept in perfect and effective conditions, and with obvious signs and instructions for use.
Units of public transportation shall strengthen the training on fire safety for their staff so that they are able to use the fire fighting equipment skillfully, and guide and assist the timely evacuation of passengers in case of fire accidents or such other emergencies.
Units of public transportation shall, by means of radio, television, brochures, etc., disseminate to passengers the measures of fire prevention, the methods of using fire fighting equipment, the means of seeking refuge and escape, and such other knowledge on fire safety.
Article 41
Property owners, property management units or users of the underground space such as civil air defense projects, ordinary underground structures, subways, underground passages, etc. shall abide by the State and/or municipal provisions on the administration of fire safety in the underground space.
Article 42
Sites for manufacturing, storing and/or operating dangerous flammable or explosive goods shall not be set up in the same building with residence, and shall keep a safe distance away from the latter.
The setting up of sites for manufacturing, storing and/or operating ordinary goods in the same building with residence shall comply with the State and/or municipal provisions on fire safety.
Upon discovering the illegal setting up of the above mentioned sites, the owner and/or the manager of such buildings shall dissuade such acts in a timely manner, and report to the fire fighting and rescue department.
Article 43
Units and individuals shall make effective efforts to protect fire fighting installations and be prohibited from committing any of the following acts:
1. damaging, diverting, dismantling and/or discontinuing the use of fire fighting installations, equipment and materials without authorization;
2. piling things over or burying up, enclosing, occupying and/or obscuring fire hydrants;
3. occupying for one's own use the fire barrier space, and/or destroying fire and smoke protection sections; or
4. occupying for one's own use, blocking up, and/or closing evacuation passageways, safety exits, or fire engine lanes.
The doors and windows of buildings in a people-gathering place must be free of obstacles that may affect the escape, fire extinguishing and rescue.
The instigation and/or forcing others to engage in the production and/or operation that are in violation of the provisions on fire safety are/is prohibited.
Article 44
Enterprises manufacturing, storing, transporting and/or selling dangerous flammable or explosive goods and operation units in public-gathering places of this Municipality, shall, in accordance with relevant State provisions, take out public liability insurance of fire disasters.
Article 45
The following personnel shall receive the training on fire safety:
1. administrators responsible for fire safety;
2. personnel responsible for the design, construction, supervision, and repair/maintenance of projects for fire safety, testing and repair/maintenance personnel of fire fighting products, and operators of automatic fire fighting installations;
3. personnel involved in the operation of dangerous flammable or explosive goods; and
4. practitioners of service agencies of fire fighting technology.
The administrators responsible for fire safety of a fire-prone unit, operators of automatic fire fighting installations, and warehouse keepers for dangerous inflammable or explosive goods shall hold appropriate job certificates.
Article 46
Units shall, according to their own preplans for fire extinguishing and emergency evacuation and the relevant State provisions, organize regular fire drills. Fire-prone units shall exercise at least two fire drills each year.
Property service enterprises, and business and management units of people-gathering places shall organize their staff to carry out pertinent fire drills, and train them on skills of organizing and guiding the orderly evacuation of the people present in case of a fire accident.
The preplans for fire extinguishing and emergency evacuation of nurseries, kindergartens, schools, homes for the aged, welfare centers, hospitals, and such other units shall include the appropriate measures to protect infants and children, students, elderly people, disabled people, and patients in case of a fire accident.
Article 47
The service agencies of fire fighting technology that meet the qualifications provided by the State may provide technological services in respect of the quality certification for fire fighting products, testing of fire fighting installations, monitoring of fire safety, consultation on fire fighting technologies, evaluation on fire safety, assessment of fire losses, etc., and bear corresponding legal liability for the provided services. The housing and urban-rural development administration department and the fire fighting and rescue department shall exercise the supervision over them.
Article 48
Upon discovering potential fire hazards in the supervision and examination of fire fighting and prevention, the fire fighting and rescue department shall notify the relevant unit or individual to take immediate measures to eliminate such hazards. The unit or individual upon receiving the notification shall take effective measures and make immediate rectification; for fire hazards that cannot be rectified on the spot, the unit or the individual shall act on its own initiative or entrust a fire safety technical service institution that meets the qualifications prescribed by the State to draft a rectification plan, determine the rectification department and /or personnel, make sure the rectification funds, and complete the rectification within a time limit.
Article 49
Upon discovering in the supervision and examination of fire fighting and prevention any of the following cases that may seriously threaten the public security if not eliminated in time, the fire fighting and rescue department shall take temporary measures of sealing up the dangerous section(s) or sites according to the relevant provisions:
1. warehouses of combustible materials, or sites of manufacturing, storing, loading or unloading, and/or using dangerous flammable or explosive goods, with serious hidden fire hazards;
2. sites of manufacturing, storing, and/or operating dangerous flammable or explosive goods mixed with residences in the same building;
3. people-gathering sites or places with cases of storing, operating, and/or using dangerous flammable or explosive goods in violation of the technical standards and controlling provisions for the fire fighting and prevention;
4. people-gathering sites or places with cases of destroying, and/or unauthorized dismantling or stopping using the fire fighting installations and/or of blocking the evacuation passageways, or safety exits; or
5. other cases that may seriously threaten the public security if not eliminated in time.
Without the permission from the fire fighting and rescue department that takes the temporary measure of sealing-up, the sealed-up sites or sections must not be sealed off or used.
Chapter IV Fire Fighting and Prevention Organizations
Article 50
The municipal and district people's governments shall, in accordance with the relevant provisions of the State and the municipal planning for fire fighting and prevention, establish the national integrated fire and rescue brigades and the government professional fire brigades, build permanent barracks, and fit out fire engines, equipment and materials.
The town/township people's government and sub-district office shall establish professional fire brigades, voluntary fire brigades and grass-roots fire safety organizations according to the relevant provisions of the State and this Municipality as well as the needs of the local economic development and the fire fighting and prevention.
Article 51
The following units shall establish their own professional fire brigades to undertake the work of fire extinguishing:
1. large-scale thermal power plants, civil airports, seaports, special docks for loading and unloading dangerous flammable or explosive goods, large-scale shipbuilding and repairing yards, and comprehensive maintenance bases of urban rail transportation;
2. large-scale enterprises producing and/or storing dangerous flammable or explosive goods;
3. large-scale warehouses and bases reserving important combustible materials; and
4. other large-scale enterprises with relatively greater fire hazards and with a distance of more than five kilometers away from the nearest national integrated fire and rescue brigades or the government professional fire brigade.
Article 52
The professional fire brigade shall, according to the relevant provisions of the State and this Municipality, build permanent barracks, and fit out firefighters, fire engines, equipment and materials, and be subject to the acceptance check by the municipal fire fighting and rescue department.
Without the permission by the municipal fire fighting and rescue department, no professional fire brigade can be dismissed.
Article 53
The national integrated fire and rescue brigades and professional fire brigades shall undertake the work of fire extinguishing, and, according to the State provisions, undertake the emergency rescue work for major disasters, accidents, and other work mainly targeting at rescuing people's lives.
Article 54
Units and neighborhood/villagers' committees shall, according to needs, establish various forms of fire fighting and prevention organizations such as the voluntary fire brigade, to carry out the mass-participating work of self-prevention and self-rescue.
Property units or entrusted management units in crowded places and high-rise public buildings shall, in accordance with the relevant provisions of the State and this Municipality, set up voluntary fire brigades to ensure personnel, equipment and materials, and duty standby rooms.
Article 55
The national integrated fire and rescue brigades and the professional fire brigades shall formulate and implement professional training programs, repair and maintain equipment and machinery and strictly implement the on-duty system.
The on-duty system, professional training, fire extinguishing, and emergency rescue of the professional fire brigades shall be implemented according to the relevant provisions on the national integrated fire and rescue brigades. The professional firefighters shall receive training and obtain appropriate occupational grade certificates for fire fighting and prevention.
The voluntary fire brigades shall carry out pertinent professional training according to the actual circumstances, so as to improve their skills of fire extinguishing.
The fire fighting and rescue department shall give professional guidance to the professional and voluntary fire brigades, and such other fire fighting and prevention organizations.
Article 56
The rescue personnel of the national integrated fire and rescue brigades shall enjoy the professional honor, livelihood guarantee, social privileges and other occupational security in accordance with the relevant provisions of the State and this Municipality.
A unit that organizes and sets up a professional fire brigade shall sign the labor or employment contract with the firefighters according to law, enter every social insurance as stipulated for them and provide them with corresponding welfare benefits during the term of contract.
The unit shall ensure the expenses for the establishment and the operation of fire fighting and prevention of the professional fire brigade.
Article 57
The fire engines and/or fire boats of the national integrated fire and rescue brigades and the professional fire brigades shall have special signs, be installed with alarming equipment and be brought under the control of special vehicles and boats, and be exempted from tolls for roads and waterways when performing the task of fire extinguishing and emergency rescue, etc.
Article 58
The government professional fire firefighters shall, under the guidance and supervision of the staff of fire fighting and rescue departments, assist in the supervision and examination, investigation of reported hazards, dissuasion and rectification of fire safety violations, and carry out the dissemination of knowledge and information about fire fighting and prevention.
Fire fighting and rescue departments shall strengthen the administration, training and examination of the government professional fire firefighters, and those who fail the examination shall not take up their posts.
When performing their duties, the government professional fire firefighters shall wear uniforms, carry certificates and bear uniformed identification signs.
Article 59
The fire fighting and prevention associations set up according to law shall, under the guidance and supervision of the municipal fire fighting and rescue department and other relevant departments, engage in academic exchanges on fire fighting and prevention, dissemination of knowledge and information about fire fighting and prevention, and spreading of advanced technology in fire fighting and prevention, and exercise self-discipline of the fire fighting and prevention trade in accordance with their articles of association.
Chapter V Fire Extinguishing and Rescue
Article 60
Anyone who comes upon a fire alarm shall immediately call the police; any unit and individual shall offer convenience to those making such a fire alarm free of charge. Giving false fire alarm to create confusion is prohibited.
Any unit or individual is obligated to offer help for putting out a fire. Before the arrival of the fire brigade(s) on the scene, the unit concerned shall immediately organize people to put out the fire and minimize the loss.
The organizing of minors to take part in the fire extinguishing is prohibited.
When a fire accident occurs in a people-gathering site or place, its staff on the scene are obligated to organize and guide the people present to evacuate.
Article 61
A national integrated fire and rescue brigade and a professional fire brigade shall, within 60 seconds upon receiving an order of police duty, dispatch fire engines to the scene of a fire accident.
Based on the premise of ensuring safety, fire engines/boats on their way to the scene of a fire accident to implement the task of fire extinguishing or emergency rescue are not limited by traveling speed, routes, direction, or commanding signals, and other vehicles, boats and pedestrians shall yield their way, and are prohibited from crossing through or overtaking the on-duty vehicles. Traffic commanders shall ensure the rapid passing of fire engines/boats.
Article 62
The fire fighting and rescue department shall organize and command in a unified way the on-scene fire extinguishing and rescue, and shall ensure in priority the life safety of the endangered people.
The emergency rescue work for major accidents other than fire accidents that is participated by a national integrated fire and rescue brigade or a professional fire brigade shall be under the unified leadership of the municipal or district people's government.
Article 63
The fire fighting and rescue department has the authority to mobilize the professional fire brigade(s) and such relevant services as traffic, water supply, power supply, gas supply, telecommunications, medical aid, etc. to participate in the fire extinguishing and other related rescue and salvage. The units and individuals that participate in the fire extinguishing shall obey the unified command of the general commander on the scene of fire.
In order to prevent the spread of fire and avoid greater losses, the general commander on the scene of a fire has the authority to decide to use water sources of all kinds, delimit warning zones, impose traffic control around the scene of fire, cut off the transmission of power or combustible gas or liquid, limit the use of fire and power, utilize buildings or relevant facilities nearby, or demolish or destruct adjacent buildings, structures or facilities.
The municipal, district and town/township people's governments shall, according to the urgent need of fire extinguishing and rescue, organize personnel and gather necessary materials to support the fire fighting.
Article 64
The fire fighting and rescue department has the authority to close the scene of a fire accident if needed. Units and/or individuals, without exception, must not disturb the order on the scene of a fire accident, obstruct the investigation of the cause(s) of a fire accident and/or enter the scene of a fire accident without the permission by the fire fighting and rescue department, or clean up without authorization the scene of a fire accident.
Article 65
After a fire is extinguished, the fire fighting and rescue department shall be responsible for investigating the cause(s) of the fire and compiling statistics of the fire loss. The fire fighting and rescue department may entrust legally established price verification institutions and asset evaluation institutions to verify or evaluate the direct property losses caused by the fire. The experts' opinions or evaluation reports on direct property losses caused by fire can be used as the basis for the fire and rescue department to make statistics on fire losses.
The victim unit and the relevant personnel shall, according to the requirements of the fire fighting and rescue department, protect the scene, be subject to the accident investigation, and provide truthful information about the fire accident.
The fire fighting and rescue department shall, according to the inspection and investigation on the scene of a fire accident, and relevant examiners' and experts' opinions, formulate a statement of the fire accident promptly, which functions as the evidence in the solution of the fire accident.
Article 66
The fuels, fire-extinguishing chemicals, equipment and materials that are consumed or damaged by the professional or voluntary fire brigades of an outside unit in the distinguishing of the fire shall be compensated by the people's government of the victim locality. If the insurance taken out by the victim unit includes the salvage charges, such salvage charges paid by the insurance company shall be used to compensate in priority for the consumption or damage of the professional or voluntary fire brigade of the outside unit.
The compensation for the consumption and damage caused by the participation in the emergency rescue shall be made with reference to the provision of the preceding clause.
Chapter VI Legal Liability
Article 67
In case that laws and administrative rules have provided the solution to the acts in violation of the provisions in these Regulations, such relevant laws and administrative rules shall prevail.
Article 68
In case of the violations against the provisions of these Regulations in manufacturing, storing, transporting, operating, carrying, using and/or destroying dangerous flammable or explosive goods, the fire fighting and rescue department shall order the violator to stop such illegal acts, and may take such compulsory measures as sealing up and/or seizing the dangerous flammable or explosive goods, etc.
The fire fighting and rescue department may confiscate and/or destroy the dangerous flammable and explosive goods and their containers that do not comply with the technical provisions on the fire safety, and that may cause serious disasters.
Article 69
The fire fighting and rescue department shall impose a fine of not less than 5,000 yuan but not more than 50,000 yuan on the violator who operates construction or maintenance/repair business with the risk of fire disasters such as electric welding, gas welding, gas cutting, abrasive wheel cutting, painting, etc. in the business or opening time of a people-gathering site or place.
Article 70
The fire fighting and rescue department shall give a warning to or impose a fine of not less than 2,000 yuan but not more than 20,000 yuan on the violator who commits any one of the following acts in violation against the provisions in these Regulations; in a more serious case, the fine imposed shall be not less than 20,000 yuan but not more than 200,000 yuan:
1. the construction of a temporary building or structure, or the conversion of a building for a different use that does not comply with the requirement for the fire safety;
2. in case that the height of the architectural structure under construction exceeds 24 meters, the construction unit concerned does not ensure the sources of water supply for fire fighting and prevention to be in step with the advancing of the construction; or
3. organizing minors to take part in the fire extinguishing.
Article 71
In case that a unit violates the provision of Article 16, 17, and/or Clause 2 of Article 38 in these Regulations, the fire fighting and rescue department shall order it to make a rectification within a time limit; if not making the rectification over the time limit, the person-in-charge and other personnel directly responsible shall be given a warning or a sanction according to law by the relevant department.
Article 72
In case that the property service enterprise, in violation of the Item 2 of Clause 1 of Article 18 in these Regulations, does not establish archives for the fire fighting and prevention or the contents of the fire fighting and prevention recorded is not standardized, the fire fighting and rescue department shall order it to make a rectification within a time limit; and if the rectification is not made over the time limit, a warning shall be given; in a more serious case, a fine of not less than 500 yuan but not more than 2,000 yuan shall be imposed.
In case that the property service enterprise, in violation of the Item 3 of Clause 1 of Article 18 in these Regulations, does not set up the fire safety signs in accordance with provisions in the management area, the fire fighting and rescue department shall order it to make a rectification within a time limit; and if the rectification is not made over the time limit, a fine of not less than 5,000 yuan but not more than 20,000 yuan shall be imposed; in a more serious case, the fine imposed shall be not less than 20,000 yuan but not more than 50,000 yuan.
Article 73
Where a unit that organizes and sets up a professional fire brigade, in violation of the provisions of Article 52 of these Regulations, fails to build permanent barracks, and fit out firefighters, fire engines, equipment, and materials according to relevant provisions, or disbands its professional fire brigades without authorization, the fire fighting and rescue department shall order it to make a correction within a prescribed time limit. Units that organize and set up professional fire brigades failing to make the correction within the prescribed time limit shall be imposed a fine of between not less than 5,000 yuan but not more than 20,000 yuan. For serious cases, a fine of between not less than 20,000 yuan but not more than 50,000 yuan may be imposed.
Article 74
In case that the party concerned does not implement the decision of stopping the manufacture, business, use, and/or construction, the housing and urban-rural development administration department or the fire fighting and rescue department that has made the decision of punishment shall make an enforcement. In case that the implementation of the decision of stopping the manufacture and business may have a considerable effect on the economic and social life and thus makes it difficult to implement, the housing and urban-rural development administration department or the fire fighting and rescue department shall put forward its opinions, and the housing and urban-rural development administration department and the emergency administration department shall submit a report to the people's government at the same level for a decision according to law.
Anyone who is ordered to stop the construction, use, manufacture, and/or business shall report to the department that has made the decision after the rectification, and apply for the construction, use, manufacture, and/or business operation, and may restore such acts only after passing the inspection.
The department or the organ that has made the decision shall exercise the inspection within three working days upon the date of receiving the written application, and make a decision, and send the decision to the party concerned within three working days upon the date of the inspection.
Article 75
The department or the organ that has made the administrative punishment decision shall disclose the information of administrative punishment on fire fighting and prevention according to law, and incorporate the information of administrative punishment made by the general procedures and relevant information of major fire hazards that registered and urged to handle by the government into the catalogue of public credit information in this Municipality according to law, and take disciplinary measures.
Article 76
The staff members of the housing and urban-rural development administration department and the fire fighting and rescue department shall be subjected to the supervision from the society on their own initiative in the performance of their duties. Any unit or individual has the right to report and accuse the staff members of the fire fighting and rescue department of their illegal acts in the law enforcement. The department that receives such reports or accusations shall promptly handle the case according to their respective functions and duties.
Any staff member of the housing and urban-rural development administration department and the fire fighting and rescue department that, in carrying out the work of fire fighting and prevention, has abused his/her power, neglected his/her duties, or played favoritism and committed irregularities, and has committed any one of the following acts shall, when the offense has not yet constituted a crime, be punished in accordance with the laws:
1. giving the passing signature upon the examination, upon the acceptance check for fire fighting and prevention or upon the examination of fire safety to the documents of fire safety design, construction projects, or sites or places that do not meet the requirements of the fire safety;
2. delaying without reason and failing to perform duties within the statutory time limit the examination of the documents of fire safety design, the acceptance check for fire fighting and prevention, or the examination of the fire safety;
3. failing to notify in time the unit or individual concerned of the rectification when discovering a potential fire hazard;
4. taking advantage of the examination of the fire safety design or the acceptance check for fire fighting and prevention or the examination of the fire safety to seek benefits;
5. taking advantage of one's official position to designate or designate in a disguised way for users or development units a brand name or a sales unit of fire fighting products, or a fire service agency of fire fighting technology, and/or a construction unit of fire fighting installations;
6. using fire engines, fire boats and/or fire fighting equipment, materials or installations for matters irrelevant to the fire fighting or emergency rescue; or
7. other acts in the nature of abuse of power, negligence of duty, or favoritism and irregularities.
Chapter VII Supplementary Provision
Article 77
The units prescribed in these Regulations refer to the organs, organizations, enterprises, institutions and other units. Individual business with fixed production and operation premises and the area reaching a certain standard shall perform the fire safety duties of the unit prescribed in these Regulations, and the specific standards shall be formulated by the municipal fire fighting and rescue department.
Article 78
These Regulations shall be effective as of April 1, 2010.