Order of the President of the People’s Republic of China

No. 6

The Fire Protection Law of the People’s Republic of China, revised and adopted at the 5th Meeting of the Standing Committee of the Eleventh National People’s Congress of the People’s Republic of China on October 28, 2008, is hereby promulgated and shall go into effect as of May 1, 2009.

Hu Jintao

President of the People’s Republic of China

October 28, 2008

Fire Protection Law of the People’s Republic of China

(Adopted at the 2nd Meeting of the Standing Committee of the Ninth National People’s Congress on April 29, 1998 and revised at the 5th Meeting of the Standing Committee of the Eleventh National People’s Congress on October 28, 2008)

 

Contents

Chapter I General Provisions

Chapter II Fire Prevention

Chapter III Fire Protection Organizations

Chapter IV Fire Fighting and Rescuing

Chapter V Supervision and Inspection

Chapter VI Legal Liability

Chapter VII Supplementary Provisions

 

Chapter I

General Provisions

Article 1 This Law is enacted for the purpose of preventing fire and reducing harm caused by fire hazards, improving emergency rescue, safeguarding personal safety and security of property and maintaining public security.

Article 2 In fire protection, the guideline of putting prevention first and combining prevention with fire fighting shall be applied, and under the principle whereby the government exercises unified leadership, the departments conduct supervision according to law, the units take overall responsibilities and the citizens proactively participate in fire protection, the responsibility system for fire safety shall be implemented and a sound community wide network for fire protection shall be established.

Article 3 The State Council shall exercise leadership over the work of fire protection nationwide. The local people’s governments at all levels shall be responsible for the work of fire protection within their respective administrative areas.

The people’s governments at all levels shall incorporate the work of fire protection into their plans for national economic and social development to ensure that the work of fire protection is suited to economic and social development.

Article 4 The public security department under the State Council shall supervise and administer the work of fire protection nationwide. The public security organs of the local people’s governments at or above the county level shall supervise and administer the work of fire protection within their respective administrative areas, and the departments for fire protection of the said organs shall be responsible for exercising such supervision and administration. The work of fire protection in respect of military installations shall be supervised and administered by the units in charge of them, with the departments for fire protection of the public security organs providing assistance; the work of fire protection in respect of the underground areas of mines, nuclear power plants and offshore petroleum and natural gas installations shall be supervised and administered by the units in charge of them.

The other relevant departments of the people’s governments at or above the county level shall, within the scope of their respective duties, do the work of fire protection successfully in accordance with the provisions of this Law and the relevant laws and administrative regulations.

Where there are separate provisions in other laws or administrative regulations governing the work of fire protection in respect of forests or grasslands, those provisions shall prevail.

Article 5 All units and individuals shall have the duty of maintaining fire safety, preserving fire protection facilities, preventing fire and giving an alarm once fire breaks out. All units and adults shall have the duty of taking part in fire fighting in an organized manner.

Article 6 The people’s governments at all levels shall organize and carry out regular dissemination of knowledge about fire protection in order to raise citizens’ awareness of the importance of fire safety.

Government departments, public organizations, enterprises, public institutions, etc. shall improve dissemination of knowledge about fire protection among their staff members.

Public security organs and their departments for fire protection shall improve dissemination of the laws and regulations related to fire protection, and urge, and give guidance and assistance to, the units concerned in their efforts to make a success of dissemination of knowledge about fire protection.

The administrative departments in charge of education and human resources, and the schools and the relevant vocational training institutions shall incorporate knowledge about fire protection into their education, teaching and training programs.

The press, broadcasting and television institutions and other relevant units shall, in light of their specific audience, carry out dissemination of knowledge about fire protection.

Trade unions, Communist Youth League organizations, women’s federations, etc. shall, in light of the characteristics of the different groups of people they work among, organize efforts to disseminate knowledge about fire protection.

Villagers’ committees and residents’ committees shall assist the people’s governments and departments such as the public security organs in their efforts to step up dissemination of knowledge about fire protection.

Article 7 The State encourages and supports scientific research and technological innovation in the field of fire protection and promotes the wide use of advanced technologies and equipment for fire protection and emergency rescue; and it encourages and supports different sectors of society to carry out fire protection activities for public welfare.

Units and individuals that have made outstanding contributions to the work of fire protection shall, in accordance with relevant State regulations, be commended and rewarded.

 

Chapter II

Fire Prevention

Article 8 Local people’s governments at all levels shall incorporate into their urban or rural planning the plans for fire protection, which include the location of fire-fighting facilities，fire stations, water supply for fire fighting, fire service telecommunications, passageways for fire engines and fire-fighting equipment, and shall be responsible for organizing efforts to carry them out.

Where the locations of fire-fighting facilities in urban or rural areas do not meet the requirement for fire safety, they shall be adjusted and improved; where public fire protection facilities or fire-fighting equipment are inadequate or cannot meet practical needs, they shall be increased, rebuilt, installed, or upgraded technologically.

Article 9 The design for fire protection and the construction of projects shall meet the national technological standards for fire protection in respect of project construction. Developers, designers, constructors, construction supervisors, etc. shall, according to law, be responsible for the design for fire protection and for the quality of the construction projects.

Article 10 Where fire-protection designing is needed for construction of a project according to the national technological standards for fire protection in respect of project construction, the developer shall, unless otherwise provided for by Article 11 of this Law, submit the designing documents for fire protection to the department for fire protection of the public security organ for the record within seven working days from the date it gets the construction permit in accordance with law, and the said department shall make spot checks.

Article 11 With respect to the large places accommodating crowds of people and other special construction projects as specified as such by the public security department under the State Council, the developers shall submit the designing documents for fire protection to the department for fire protection of the public security organ for examination. The said department shall, in accordance with law, be responsible for the result of the examination.

Article 12 Where a construction project, the design for fire protection of which is subject to examination by the department for fire protection of the public security organ according to law, fails to undergo such examination or fails to pass the examination, the authority that is responsible for examining construction projects and granting construction permits shall not issue such permit, and the developer and constructor shall not start construction; if the designs for fire protection of other construction projects fail to pass the spot checks in accordance with law after the construction permits are obtained, their construction shall be discontinued.

Article 13 When a construction project which needs fire-protection designing according to the national technological standards for fire protection in respect of project construction is completed, it shall be checked for acceptance in terms of fire protection and be submitted for the record according to the following provisions:

(1) in the case of a construction project as specified by Article 11 of this Law, the developer shall apply to the department for fire protection of the public security organ for acceptance check in terms of fire protection; and

(2) in the case of other construction projects, the developers shall, after acceptance check, submit the projects to the department for fire protection of the public security organ for the record, and the said department shall make spot checks.

Where a construction project, which, according to law, is subject to acceptance check in terms of fire protection, fails to undergo such check or fails to pass the check, it shall not be put to use; if other construction projects fail to pass the spot checks in accordance with law, their use shall discontinued.

Article 14 The specific measures for examination of the design for fire protection of construction projects, for acceptance check in terms of fire protection, and for filing of the relevant documents and for spot checks shall be formulated by the public security department under the State Council.

Article 15 Before the public places for large numbers of people are put to use or into business operation, the developers or the users shall apply for inspection of fire protection to the department for fire protection of the public security organs of the people’s governments at or above the county level where the places are located.

The department for fire protection of the public security organ shall, within 10 working days from the date it accepts the application, inspect fire protection at the said places in accordance with the technological standards and administrative regulations for fire protection. If a place fails to undergo inspection for fire protection or fails to meet the requirements for fire safety although it undergoes such inspection, it shall not be put to use or into business operation.

Article 16 Government departments, public organizations, enterprises, public institutions and other units shall perform the following duties for fire safety:

(1) to put into practice the responsibility system for fire safety, formulate the units’ regulations and operating rules for fire safety, and formulate precautionary plans for fire fighting and emergency evacuation;

(2) in conformity with national and industrial standards, to install fire-protection facilities and apparatus, put up signs for fire safety and conduct regular inspection and maintenance to make sure that they remain in good condition and functional;

(3) to conduct overall inspection of the buildings’ facilities for fire protection at least once a year in order to make sure that they remain in good condition and functional, and to keep the records of inspection complete and accurate and have them filed for reference;

(4) to keep the passageways for evacuation, safety exits and passageways for fire engines unblocked, and make sure that the division of areas for fire and smoke protection and the firebreaks meet the technological standards for fire protection;

(5) to arrange inspection of fire protection in order to remove in time any potential fire hazards;

(6) to organize fire-fighting drills with specific aims; and

(7) other duties for fire safety as specified by laws and administrative regulations. The principal leading person of a unit is the person who takes charge of fire safety for the unit.

Article 17 The department for fire protection of the public security organ of the local people’s government at or above the county level shall designate the units that, to a greater degree, are exposed to fire hazards and the units where, once fire breaks out, it may cause heavy casualties or property losses as priority units for fire protection in its administrative area and the said public security organ shall submit such designation to the said people’s government for the record.

Priority units for fire protection shall, in addition to performing the duties as are specified in Article 16 of this Law, perform the following duties for fire safety:

(1) to decide on the managerial persons for fire safety who shall organize efforts to manage the work of fire safety for the unit;

(2) to keep files on fire protection, decide on the key locations for fire safety, put up signs for fire safety and exercise strict control;

(3) to conduct daily patrol against fire and keep records of the patrols; and

(4) to conduct, among the employees, pre-service training in fire protection and regularly organize training in fire protection and fire-fighting drills.

Article 18 Where two or more units manage or use one building, their respective duties for fire safety shall explicitly be defined, and they shall designate persons to be responsible for unified management of the passageways for evacuation, of the safety exits, the building’s fire-protection facilities and the passageways for fire engines.

The property management services in residential areas shall maintain and manage the fire-protection facilities for common use and provide services for fire safety.

Article 19 Places where hazardous inflammable and explosive substances are produced, stored or marketed shall not be in the same building in which there are living quarters and, moreover, a safe distance shall be kept between the two.

If places, where other goods are produced, stored or marketed, and living quarters are in the same building, the national technological standards for fire protection in respect of project construction shall be complied with. Article 20 To hold large-scale mass activities, the host shall, in accordance with law, apply to the public security organ for security license, and formulate precautionary plans for fire fighting and emergency evacuation and organize drills in this respect, specify the division of duties for fire safety, designate managers for fire safety, maintain complete sets of fire-fighting facilities and apparatus and keep them in good condition and functional, and make sure that the passageways for evacuation, safety exits, signs of evacuation indicator, emergency illumination and passageways for fire engines conform to the technological standards and administrative regulations for fire protection.

Article 21 It is prohibited to smoke or use naked fire in places that are exposed to fire hazards or explosion. Where naked fire is needed for construction or under other special circumstance, the formalities of examination and approval shall be gone through beforehand in accordance with the relevant regulations, and appropriate measures for fire safety shall be taken; and the workers shall abide by the regulations governing fire safety.

Electric and gas welders and workers doing other jobs who are exposed to fire hazards and workers who operate automatic fire-fighting systems shall have qualification certificates for such jobs and shall abide by the operating rules for fire safety.

Article 22 Factories that produce hazardous inflammable and explosive substances, warehouses that store such substances and the stations and wharves that are used specially for loading and unloading them shall be built in conformity with the technological standards for fire protection. Fueling, supplying and voltage regulating stations for inflammable or explosive gases or liquids shall be built in locations that conform to the requirements for fire safety and the requirements for preventing fire and explosion.

Where existing factories that produce hazardous inflammable and explosive substances, warehouses that store such substances, stations and wharves that are used specially for loading and unloading them, or fueling, supplying and voltage regulating stations for inflammable or explosive gases or liquids, no longer conform to the provisions in the preceding paragraph, the local people’s government shall organize and coordinate the relevant departments and units in their efforts to solve the problem within a time limit for eliminating the hidden endangers to security.

Article 23 Hazardous inflammable and explosive substances shall be produced, stored, transported, marketed, used and destroyed in conformity with the technological standards and administrative regulations for fire protection.

Anyone who enters a place where hazardous inflammable or explosive substances are produced or stored shall observe the regulations governing fire safety. It is prohibited to enter any public places or take any public means of transportation illegally with hazardous inflammable or explosive substances.

Storehouses of combustibles shall be controlled in conformity with the technological standards and administrative regulations for fire protection.

Article 24 Products for fire protection shall meet national standards; where there are no such standards to go by, they shall meet the industrial standards. It is prohibited to produce, sell or use products for fire protection that are not up to standards or that are eliminated by official order of the State.

Products for fire protection that need compulsory certification, as required by law, shall only be produced, sold or used after they are certified as qualified products by statutory qualified certification institutions in accordance with the compulsory requirements of the national or industrial standards. The catalogue of products for fire protection which need compulsory certification shall be formulated and published by the authority for product quality supervision under the State Council in conjunction with the public security department under the same.

Newly developed products for fire protection, for which no national or industrial standards have yet been formulated, shall only be produced, sold or used when they conform to the requirements for fire safety, as proved by technical evaluation conducted in accordance with the measures formulated by the authority for product quality supervision under the State Council in conjunction with the public security department under the same.

The departments for fire protection of the public security department under the State Council shall publish the products for fire protection which are proved qualified by compulsory product certification or technical evaluation conducted in accordance with the provisions of this Article.

Article 25 The authority for product quality supervision, the administration department for industry and commerce and the department for fire protection of the public security organ shall, in compliance with their respective duties, exercise strict supervision over and inspection of the quality of products for fire protection.

Article 26 All construction components and materials and materials for internal furnishing and decoration of houses shall conform to the national standards in terms of their fire-proof properties; where there are no such standards to go by, they shall conform to the industrial standards.

Incombustible or fire-retardant materials shall be used for internal furnishing and decoration of places accommodating crowds of people, as is required by the technological standards for fire protection.

Article 27 The product standards for electric products and gas appliances shall conform to the requirements for fire safety.

Electric products and gas appliances shall be installed and used and the wire and pipe lines shall be designed, laid, maintained and tested in conformity with the technological standards and administrative regulations for fire protection.

Article 28 No units or individuals may damage, use for other purposes or, without authorization, dismantle fire-fighting facilities or apparatus, or leave them idle, or pile things upon, cover, or occupy the areas around the place where a fire hydrant is installed, or occupy firebreaks, or occupy, block or close the passageways for evacuation, safety exits or passageways for fire engines. No obstructions, which may prevent people’s escape or hinder fire fighting or rescue, may be placed near the doors and windows of places accommodating crowds of people.

Article 29 Units in charge of maintaining and managing public fire-fighting facilities shall keep the said facilities, including water supply for fire fighting, fire service telecommunications, and passageways for fire engines, in good condition and functional. When the relevant units plan to build roads or stop the supply of power or water or cut off telecommunications lines, which may hinder fire brigades from quenching a fire or conducting rescue, they shall inform the local department for fire protection of the public security organ of their plans in advance.

Article 30 The local people’s governments at all levels shall provide strong leadership in fire protection in the countryside, take measures to promote the development of public facilities for fire protection, organize the establishment of the responsibility system for fire safety and see to it that the system is put into effect.

Article 31 During the harvest time, the season of protection against forest and grassland fires, major festivals and holidays and the seasons when fire breaks out frequently, the local people’s governments at all levels shall make arrangements for dissemination of knowledge about fire protection in light of local conditions, take measures for fire protection and conduct fire safety inspection.

Article 32 Town and township people’s governments and urban neighborhood offices shall give guidance, support and assistance to the villagers’ committees and residents’ committees in their efforts to carry out fire protection of a mass character. The villagers’ committees and residents’ committees shall designate persons to be in charge of fire safety, organize the formulation of fire prevention pledges and conduct inspection of fire safety.

Article 33 The State encourages and gives guidance to public places for large numbers of people and enterprises that produce, store, transport or sell hazardous inflammable and explosive substances in buying public liability insurance for fire, and it encourages insurance companies to accept applications for such insurance. Article 34 Technical service agencies and professionals in quality certification of products for fire protection, in testing of fire protection facilities, in monitoring of fire safety, etc. shall, in accordance with law, acquire the necessary competence and qualifications; and they shall, in accordance with law, administrative regulations, the national and industrial standards and professional code, accept commissions to provide technical services for fire protection and be responsible for the quality of their services.

 

Chapter III

Fire Protection Organizations

Article 35 People’s governments at all levels shall strengthen fire protection organizations, set up various forms of fire protection organizations in light of the need of economic and social development and step up training of technicians in fire protection, in order to enhance their ability to protect against fire hazards, to fight fires and rush to rescue.

Article 36 Local people’s governments at or above the country level shall, in accordance with State regulations, form public security fire brigades and full-time fire brigades, and provide them with fire-fighting equipment in compliance with the national standards, in order that they shall shoulder the task of fire fighting.

Town and township people’s governments shall, in light of the need of local economic development and fire protection, form full-time fire brigades and voluntary fire brigades, who shall shoulder the task of fire fighting.

Article 37 Public security fire brigades and full-time fire brigades shall, according to State regulations, shoulder the task of emergency rescue in major disasters and accidents and in other situations in which it is their main task to save people’s lives.

Article 38 Public security fire brigades and full-time fire brigades shall fully play their role as the backbone professionals in fire fighting and emergency rescue; and in accordance with State regulations, they shall be organized to receive training in professional skills, they shall be provided with the necessary facilities and apparatus to be serviced by them, and they shall increase their capability of fire fighting and emergency rescue.

Article 39 The following units shall organize their own full-time fire brigades to shoulder the task of fire fighting in their own units:

(1) units with large nuclear installments, large power plants, civil airports and key ports;

(2) large enterprises that produce or store hazardous inflammable and explosive substances;

(3) large warehouses and bases where important flammable goods or materials are stored;

(4) large enterprises, other than the ones specified in Subparagraphs (1), (2) and (3), that are exposed to a relatively great danger of fire and are located relatively far from public security fire brigades; and

(5) units that are in charge of protecting the ancient architectural complexes included in the list of the major sites of cultural relics to be protected at the national level and that are located relatively far from public security fire brigades.

Article 40 A full-time fire brigade shall be formed in conformity with relevant State regulations and shall be subject to acceptance upon inspection by the department for fire protection of the local public security organ.

Members of full-time fire brigades shall, according to law, enjoy social insurance and welfare benefits.

Article 41 Government departments, public organizations, enterprises, public institutions and other units, as well as the villagers’ committees and residents’ committees, shall, in light of their respective need, set up various forms of fire protection organizations like voluntary fire brigades and conduct the work of self-protection and self-rescue among the masses.

Article 42 The departments for fire protection of the public security organs shall provide professional guidance to full-time fire brigades, voluntary fire brigades and other fire protection organizations, and when necessary, they may mobilize and direct full-time fire brigades for fire fighting.

 

Chapter IV

Fire Fighting and Rescuing

Article 43 A local people’s government at or above the county level shall organize the relevant departments to formulate precautionary plans in response to emergencies in light of the characteristics of fires in its own administrative area, establish a mechanism for emergency response and handling, and provide guarantee in terms of manpower, equipment, etc. for fire fighting and emergency rescue.

Article 44 Anyone who discovers a fire shall report it to the police immediately. All units and individuals shall provide free convenience for such report and shall not obstruct it. False fire alarm is strictly prohibited.

When a fire breaks out in a place accommodating crowds of people, the workers there shall immediately organize evacuation and help people to leave the scene.

Any unit where a fire breaks out shall immediately organize people to extinguish the fire. The units in the neighborhood shall assist it in the effort.

As soon as a fire brigade receives a fire alarm, it shall rush to the scene to rescue the people in distress, eliminate the hazards and put out the fire.

Article 45 The department for fire protection of the public security organ shall, in a unified manner, organize and direct people to extinguish the fire on the scene, giving priority to guaranteeing the life safety of the people in distress.

The fire chief on the scene shall, in light of the need to extinguish the fire, have the power to make the following decisions:

(1) to use any water sources available;

(2) to stop the supply of power, flammable gas and liquid, and restrict the use of fire and electricity;

(3) to delimit the security area and put part of the traffic under control;

(4) to make use of the buildings and relevant facilities nearby;

(5) to pull down or demolish the buildings, structures or facilities adjacent to the scene of the fire in order to save people or important goods and materials, or to prevent the fire from spreading; and

(6) to mobilize water, power and gas supply units, telecommunications units, medical teams, transportation units, environment protection units and other units concerned to assist in fire fighting and rescue.

The local people’s government concerned shall, in light of the emergency need to extinguish the fire, organize people and muster goods and materials needed for the purpose.

Article 46 When public security fire brigades and full-time fire brigades take part in emergency rescue in the event of major disasters or accidents other than fires, they shall be under the unified leadership of the local people’s government at or above the county level.

Article 47 When fire engines and fire boats are on their way to extinguish a fire or carry out emergency rescue tasks, they shall, under the precondition of ensured safety, not be restricted by the limits of speed, route, direction or traffic signal and, meanwhile, all other vehicles, vessels and pedestrians shall make way for them and shall not pass through or surpass them. They shall be exempted from road and bridge toll. Traffic controllers shall ensure quick passage of the fire engines and fire boats.

Where the fire protection personnel who are rushing to the scene of fire or emergency rescue and the equipment, goods and materials that are mustered need to be transported by railway, water or air transportation, the units concerned shall give priority to transportation of the same.

Article 48 No fire engines, fire boats or fire-fighting apparatus, equipment or facilities may be used for purposes that have nothing to do with fire protection or emergency rescue.

Article 49 No public security fire brigades and full-time fire brigades may charge any fees for fire fighting and emergency rescue.

The cost of fuels and fire-extinguishing agents consumed and wear and tear of apparatus and equipment by full-time fire brigades of units and voluntary fire brigades when helping other units to extinguish fires shall be compensated by the local people’s government of the place where the fire breaks out.

Article 50 Persons who are injured, disabled or killed when taking part in fire fighting or emergency rescue shall be given medical treatment or pensions in accordance with the relevant regulations of the State.

Article 51 The department of fire protection of the public security organ shall have the power to close the scene of fire, when necessary, in order to investigate the cause of the fire and estimate the losses caused.

After a fire is extinguished, the unit where the fire breaks out and the persons concerned shall, in compliance with the requirements of the department of fire protection of the public security organ, protect the scene, submit to investigation of the accident and provide truthful information about the fire.

The department of fire protection of the public security organ shall, on the basis of the inspection and investigation conducted on the scene of the fire as well as the opinions formed through check and appraisal, produce a written confirmation of the fire accident in a timely manner, which shall serve as evidence for disposition of the fire accident.

 

Chapter V

Supervision and Inspection

Article 52 The local people’s governments at various levels shall put into effect the responsibility system for fire protection and supervise and inspect the performance of the duties by the relevant departments in respect of fire safety.

The relevant departments of the local people’s government at or above the county level shall, on the basis of their respective characteristics, conduct inspection of fire safety and supervise and, in a timely manner, urge the elimination of potential fire hazards.

Article 53 The department of fire protection of the public security organ shall, according to law, supervise and inspect the government departments, public organizations, enterprises, public institutions and other units in respect of their observation of laws and regulations on fire protection. A police station may be in charge of the routine supervision and inspection of fire protection and carry out dissemination of knowledge about fire protection, and the specific measures in this regard shall be formulated by the public security department under the State Council.

When staff members of the department of fire protection of the public security organ or of a police station conduct supervision and inspection in respect of fire protection, they shall show their identification papers.

Article 54 When the department of fire protection of the public security organ discovers potential fire hazards during supervision and inspection in respect of fire protection, it shall advise the unit or individual concerned that it or he should take immediate measures to remove such hazards. If the hazards, unless removed in time, may pose a serious danger to public security, the department of fire protection of the public security organ shall, in accordance with relevant regulations, adopt temporary measures to close the dangerous part or place.

Article 55 If the department of fire protection of the public security organ discovers that the locations of fire-fighting facilities in urban or rural areas or public facilities for fire protection do not meet the requirements for fire safety or discovers that major potential fire hazards which may undermine public security exist in the local area, the public security organ shall report to the local people’s government in writing.

After receiving the report, the people’s government shall, without delay, check how things stand, organize or order the department or unit concerned to take remedial measures.

Article 56 The department of fire protection of the public security organ and its staff members shall, within the limits of their statutory functions and powers and in compliance with the statutory procedure, examine the design for fire protection, conduct acceptance check of fire protection and inspect fire safety in an impartial, strict, well-behaved and efficient manner.

The department of fire protection of the public security organ and its staff members shall not charge any fees for examining the design for fire protection, conducting acceptance check of fire protection and inspecting fire safety, etc., nor shall they seek gains by taking advantage of such examination, acceptance check or inspection. The said department and staff members shall not take advantage of their position to select brands or sales agents of fire-fighting products, technical service agencies for fire protection, or construction units for fire protection facilities and impose the same on the users or developers, or do so in a disguised form.

Article 57 When the department of fire protection of the public security organ and its staff members perform their duties, they shall conscientiously accept supervision by the community and citizens.

All units and individuals shall have the right to report and bring an accusation against the department of fire protection of the public security organ or its staff members for their violations of laws committed when enforcing laws. The authority that receives such report or accusation shall, in compliance with its duties, conduct investigation and impose punishment without delay.

 

Chapter VI

Legal Liability

Article 58 In violation of the provisions of this Law, any unit that commits one of the following acts shall be ordered to suspend construction, stop using the project, or suspend production or business operation, and shall, in addition, be fined not less than RMB 30,000 yuan but not more than 300,000 yuan:

(1) without authorization, starting construction of a project the design for fire protection of which, according to law, is subject to examination by the department of fire protection of the public security organ, but fails to undergo such examination according to law or to pass the examination;

(2) failing to discontinue construction after its design for fire protection fails to pass the spot check conducted by the department of fire protection of the public security organ in accordance with law;

(3) without authorization, putting to use a construction project which, according to law, is subject to acceptance check in respect of fire protection but fails to undergo such acceptance check or to pass the check;

(4) failing to discontinue the use of a construction project after it fails to pass the spot checks conducted by the department of fire protection of the public security organ in accordance with law; or

(5) without authorization, putting a public place for large numbers of people to use or into business operation before the place is inspected for fire safety or when inspection proves that it does not meet the requirements for fire safety.

If the developer fails to submit the designing documents for fire protection to the department for fire protection of the public security organ for the record, as required by this Law, or it fails to do so after completion of construction, it shall be ordered to rectify within a time limit and be fined not more than 5,000 yuan.

Article 59 In violation of the provisions of this Law, any unit that commits one of the following acts shall be ordered to rectify or discontinue construction and shall, in addition, be fined not less than 10,000 yuan but not more than 100,000 yuan:

(1) in the case of a developer, requesting the designer or constructor to lower the technological standards for design or construction in respect of fire protection;

(2) in the case of a designer for construction projects, failing to make designs in conformity with the compulsory requirements of the technological standards for fire protection;

(3) in the case of a constructor, failing to construct in accordance with the designing documents for fire protection and the technological standards for fire protection and reducing the quality of construction for fire protection; or

(4) in the case of a construction supervisor, colluding with the developer or constructor and practicing fraud, and reducing the quality of construction for fire protection.

Article 60 In violation of the provisions of this Law, any unit that commits one of the following acts shall be ordered to rectify and be fined not less than 5,000 yuan but not more than 50,000 yuan:

(1) failing to install fire protection facilities and apparatus or put up signs for fire safety in conformity with the national or industrial standards, or failing to keep them in good condition and functional;

(2) damaging fire-fighting facilities or apparatus, using them for other purposes or, without authorization, dismantling them or leaving them idle;

(3) occupying, blocking or closing the passageways for evacuation or safety exits, or committing any other acts which hinder safe evacuation;

(4) piling things upon, covering, or occupying the areas around the place where a fire hydrant is installed, or occupying firebreaks;

(5) occupying, blocking or closing the passageways for fire engines, thus hindering the passage of fire engines;

(6) placing obstructions, which may prevent people’s escape or hinder fire fighting or rescue, near the doors and windows of places accommodating crowds of people; or

(7) failing to take timely measures to remove potential fire hazards after receiving the advice given by the department of fire protection of the public security organ.

If an individual commits any of the acts specified in Subparagraphs (2), (3), (4) and (5) of the preceding paragraph, he shall be given a disciplinary warning or be fined not more than 500 yuan.

If a unit or an individual commits any of the acts specified in Subparagraphs (3), (4), (5) and (6) of the first paragraph of this Article and refuses to carry out the order for rectification, the order shall be executed compulsorily, and the expenses thus entailed shall be paid by the unit or individual.

Article 61 If places where hazardous inflammable and explosive substances are produced, stored or marketed are in the same building in which there are living quarters, or no safe distance is kept between the two, the unit or individual involved shall be ordered to suspend production or business operation, and shall, in addition, be fined not less than 5,000 yuan but not more than 50,000 yuan.

If places where other goods are produced, stored or marketed and living quarters are in the same building are at variance with the technological standards for fire protection, a punishment shall be meted out in accordance with the provisions of the preceding paragraph.

Article 62 Any unit or individual that commits one of the following acts shall be punished in accordance with the provisions of the Law of the People’s Republic of China on Penalties for Administration of Public Security:

(1) producing, storing, transporting, marketing, using or destroying hazardous inflammable and explosive substances in violation of the technological standards and administrative regulations for fire protection;

(2) entering a public place or taking any public means of transportation illegally with hazardous inflammable and explosive substances;

(3) giving a false fire alarm;

(4) obstructing fire engines or fire boats from carrying out their tasks; or

(5) obstructing staff members of the department of fire protection of the public security organ from performing their duties in accordance with law.

Article 63 Any individual who commits one of the following acts in violation of the provisions of this Law shall be given a disciplinary warning or be fined not more than 500 yuan; if the circumstances are serious, he shall be detained for not more than five days:

(1) in violation of the regulations governing fire safety, entering a place where such hazardous inflammable or explosive substances are produced or stored; or

(2) in violation of the relevant provisions, working with naked fire, smoking, or using naked fire in a place that is exposed to fire hazards or explosion.

Article 64 Any individual that, in violation of the provisions of this Law, commits one of the following acts, which is not serious enough to constitute a crime, shall be detained for not less than 10 days but not more than 15 days and, in addition, may be fined not more than 500 yuan; if the circumstances are relatively minor, he shall be given a disciplinary warning or be fined not more than 500 yuan:

(1) instigating or compelling another person to violate the regulations governing fire safety and to work at risk;

(2) causing the outbreak of a fire inadvertently;

(3) preventing another person from reporting a fire alarm after a fire breaks out, or failing to give a fire alarm in time in the case of a person whose duty is to give such alarm;

(4) disrupting the order on the scene of fire, or refusing to obey the command of the fire chief on the scene, thus hindering fire fighting and rescue;

(5) deliberately destroying or simulating the scene of fire; or

(6) without authorization, opening or using a place or a part of place which is closed by the department of fire protection of the public security organ.

Article 65 Any unit that, in violation of the provisions of this Law, produces or sells substandard products for fire protection or products which have been eliminated by official order of the State shall be given a heavier punishment by the authority for product quality supervision or the administration department for industry and commerce in accordance with the provisions of the Law of the People’s Republic of China on Product Quality.

Any place accommodating crowds of people uses substandard products for fire protection or products which have been eliminated by official order of the State, it shall be ordered to rectify within a time limit; if it fails to comply at the expiration of the time limit, it shall be fined not less than 5,000 yuan but not more than 50,000 yuan, and its principal leading person directly in charge and the other persons directly responsible shall each be fined not less than 500 yuan but not more than 2,000 yuan; if the circumstances are serious, it shall be ordered to suspend production or business operation.

In the case of what is specified in the second paragraph of this Article, the department of fire protection of the public security organ shall, in addition to punishing the user in accordance with law, inform the authority for product quality supervision or the administration department for industry and commerce of the substandard products for fire protection and the products which have been eliminated by official order of the State, as it has discovered. The said authority and department shall, in accordance with law, investigate the case and punish the producers and sellers without delay.

Article 66 Where electric products or gas appliances are installed or used or the wire and pipe lines are designed, laid, maintained or tested at variance with the technological standards or administrative regulations for fire protection, the user shall be ordered to have them set right within a time limit; if the user fails to do so at the expiration of the time limit, he shall be ordered to suspend using them and may, in addition, be fined not less than 1,000 yuan but not more than 5,000 yuan.

Article 67 Where a government department, public organization, enterprise, public institution or any other unit violates the provisions of Article 16, 17, 18 and the second paragraph of Article 21 of this Law, it shall be ordered to rectify within a time limit; if it fails to do so at the expiration of the time limit, the principal leading person directly in charge and the other persons directly responsible shall be given sanctions or disciplinary warning in accordance with law.

Article 68 When a fire breaks out in a place accommodating crowds of people, if the workers of the place on the scene do not perform the duty of organizing evacuation and helping people to leave the scene, and the circumstances are serious but do not constitute a crime, they shall be detained for not less than 5 days but not more than 10 days.

Article 69 If a technical fire service agency responsible for quality certification of products for fire protection or testing fire protection facilities, etc. produces false documentation, it shall be ordered to put it right and shall be fined not less than 50,000 yuan but not more than 100,000 yuan, and the principal leading person directly in charge and the other persons directly responsible shall each be fined not less than 10,000 yuan but not more than 50,000 yuan; its illegal gains, if any, shall be confiscated; if it causes losses to another person, it shall bear the liability for compensation in accordance with law; and if the circumstances are serious, the authority which originally issued the license shall, in accordance with law, order it to suspend its business practices or have it discredited or disqualified for the practice.

If the documentation produced by the agency mentioned in the preceding paragraph is untrue, thus causing losses to another person, the agency shall bear the liability for compensation in accordance with law; if it causes heavy losses, the authority that originally issued the license shall, in accordance with law, order it to suspend its business practices or have it discredited or disqualified for the practice.

Article 70 The administrative penalties prescribed by this Law shall be decided on by the department of fire protection of the public security organ, unless otherwise provided for by this Law; among the penalties, detention shall be decided on by the public security organ at or above the county level in accordance with the relevant provisions of the Law of the People’s Republic of China on Penalties for Administration of Public Security.

Where the department of fire protection of the public security organ needs to summon a violator of the law on fire safety, it shall do so in accordance with the relevant provisions of the Law of the People’s Republic of China on Penalties for Administration of Public Security.

Any unit that is ordered to discontinue construction or use or to suspend production or business operation shall report to the department of fire protection of the public security organ after rectification, and only when it passes the inspection conducted by the said department, it may resume construction, use, production or business operation.

If the party concerned fails to implement the decision on suspended production, business operation, use or construction at the expiration of the prescribed time limit, the department of fire protection of the public security organ which made the decision shall have it compulsorily enforced.

Where an order for suspended production or business operation may have a relatively adverse effect on economic and public activities, the department of fire protection of the public security organ shall put forward its opinions and the public security organ shall submit the opinions to the people’s government at the same level for decision according to law. The said people’s government shall organize the public security organ and other departments for execution.

Article 71 If a staff member of the department of fire protection of the public security organ abuses his power, neglects his duty or engages in malpractice for personal gain, and commits one of the following acts, which is not serious enough to constitute a crime, he shall be given a sanction according to law:

(1) letting the designing documents for fire protection, construction projects or places which do not conform to the requirements for fire safety pass the examination, the acceptance check or the inspection for fire safety;

(2) delaying examination of the design for fire protection, or acceptance check or inspection for fire safety without reason and failing to perform his duty within the statutory time limit;

(3) failing to instruct in time the unit or individual concerned to make rectification after discovering potential fire hazards;

(4) taking advantage of his position to select brands or sales agents of fire-fighting products, technical service agencies for fire protection, or construction units for fire protection facilities and impose the same on the users or developers, or do so in a disguised form;

(5) using fire engines, fire boats, or fire-fighting apparatus, equipment or facilities, for purposes that have nothing to do with fire protection or emergency rescue; or

(6) any other acts.

Where a staff member of the relevant administrative departments, such as the department of construction, the authority for product quality supervision or the administration department for industry and commerce, abuses his power, neglects his duty or engages in malpractice for personal gain in the work of fire protection, if the case is not serious enough to constitute a crime, he shall be given a sanction according to law.

Article 72 Where a violation of the provisions of this Law constitutes a crime, criminal liability shall be investigated for according to law.

 

Chapter VII

Supplementary Provisions

Article 73 For the purposes of this Law, the meanings of the following terms are:

(1) Facilities for fire protection include the automatic fire alarm system, the automatic system for fire extinguishing, the fire hydrant system, the system for smoke prevention and discharge and facilities for emergency broadcasting and illumination and safe evacuation.

(2) Products for fire protection are products specially for fire prevention, fire fighting and rescue, and for fire protection, refuge and escape.

(3) Public places for large numbers of people include hotels, restaurants, malls, markets, waiting rooms of passenger transport stations, passenger docks and civil airports, stadiums or gymnasiums, meeting halls and public entertainment places.

(4) Places accommodating crowds of people include places of mass gatherings, outpatient and ward buildings of hospitals, teaching buildings, libraries, dining rooms and dormitories of schools, homes for the aged, orphanages, kindergartens, nurseries, reading rooms of public libraries, public exhibition halls and museums, producing and processing workshops and employees’ dormitories of labor-intensive enterprises, places of tourist interest and places for religious activities.

Article 74 This Law shall go into effect as of May 1, 2009.