Fire Protection Law of the People's Republic of China (Amended in 2021)
Fire Protection Law of the People's Republic of China (Amended in 2021)
Fire Protection Law of the People's Republic of China (Amended in 2021)
Order of the President of the People's Republic of China No. 81
April 29, 2021
(Adopted at the second session of the Standing Committee of the Ninth National People's Congress on April, 29, 1998; revised at the fifth session of the Standing Committee of the 11th National People's Congress on October 28, 2008; amended for the first time in accordance with the Decision of the Standing Committee of the National People's Congress on Amending Eight Laws Including the Construction Law of the People's Republic of China passed at the 10th session of the Standing Committee of the 13th National People's Congress on April 23, 2019; and amended for the second time in accordance with the Decision of the Standing Committee of the National People's Congress on Revising Eight Laws Including the Law of the People's Republic of China on Road Traffic Safety adopted at the 28th Session of the Standing Committee of the 13th National People's Congress on April 29, 2021)
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 purposes of preventing fire and reducing fire hazards, strengthening emergency rescue, safeguarding personal safety and property security, and maintaining public security.
Article 2 Fire protection work shall implement the guidelines of fire prevention and combining fire prevention and fire fighting, and implement a fire safety accountability system and establish a sound social fire protection network, on the basis of the uniform leadership of the government, the supervision by government departments in accordance to the law, the undertaking of full responsibilities by entities and the active participation by the general public.
Article 3 The State Council shall lead the fire protection work nationwide. The local people's governments at all levels shall be responsible for the fire protection work within their respective administrative areas.
The people's governments at all levels shall incorporate fire protection work into national economic and social development plans to ensure the mutual adaption of fire protection work and economic and social development.
Article 4 The emergency management department under the State Council shall supervise and administer the fire protection work nationwide. Emergency management departments of the local people's governments at or above the county level shall supervise and administer the fire protection work within their own administrative areas, and the fire rescue agencies under the said people's governments shall be responsible for carrying out such supervision and administration. The fire protection work for military installations shall be supervised and administered by the relevant competent departments with the assistance of the fire rescue agencies. Fire protection for underground areas of mines, nuclear power plants and offshore petroleum and natural gas installations shall be supervised and administered by the relevant competent departments.
Other relevant departments of the people's governments at or above the county level shall, within the scope of their respective responsibilities, properly handle the fire protection work in accordance with the provisions of this Law and other relevant laws and regulations.
If the fire protection of forests and grasslands are otherwise provided for in laws or administrative regulations, such provisions shall apply.
Article 5 All entities and individuals shall have the duty to maintain fire safety, preserve fire-fighting facilities, prevent occurrences of fire and report fire alerts. All entities and adult citizens shall have the duty to take part in the organized work of fire fighting.
Article 6 The people's governments at all levels shall organize and carry out publicity and education on fire protection on a regular basis to enhance the people's awareness of the importance of fire safety and protection.
Entities such as government departments, public organizations, enterprises and institutions shall strengthen the publicity and education on fire protection among their employees.
Emergency management departments and their fire rescue agencies shall strengthen the publicity on fire protection laws and regulations, and shall supervise, guide, and assist the relevant entities in properly carrying out publicity and education on fire protection.
Administrative departments in charge of education and human resources, schools and relevant vocational training institutions shall incorporate fire protection knowledge into their education, teaching and training programs.
Relevant departments for press, broadcasting, television, etc., shall carry out target-specific publicity and education on fire protection among the public.
Public organizations such as trade unions, the Communist Youth League and women's federations shall, by taking into account the characteristics of their respective target audience, organize and carry out publicity and education on fire protection.
Village committees and neighborhood committees shall assist the people's governments, public security organs, and emergency management departments in strengthening the publicity and education on fire protection.
Article 7 The State encourages and supports scientific research on and technological innovation in fire protection, and promotes the use of advanced technology and equipment for fire protection and emergency rescue. It encourages and supports non-governmental sectors in carrying out fire protection-related public welfare activities.
Entities and individuals that have made outstanding contributions to fire protection work shall be commended and rewarded in accordance with the relevant provisions of the State.
Chapter II Fire Prevention
Article 8 The local people's governments at all levels shall incorporate fire protection plans in respect of layouts of fire fighting facilities, fire stations, water supply for fire fighting, fire service communications, passageways for fire engines, firefighting equipment, etc., into their urban and rural planning and shall be responsible for the organization and implementation of such plans.
Where the layouts of fire fighting facilities in urban and rural areas do not meet fire safety requirements, adjustments and improvements shall be made to such layouts. Where public fire fighting facilities or equipment is inadequate or cannot meet practical needs, such facilities or equipment shall be increased, rebuilt, reinstalled or undergo technological improvement.
Article 9 The fire protection design and construction of a construction project shall meet national fire protection technical standards for construction projects. Project owners, design entities, construction entities, project supervision entities, etc., shall, in accordance with the law, be responsible for the fire protection design and the quality of the fire protection construction of the projects.
Article 10 With respect to construction projects which require fire protection designs according to the national fire protection technical standards for construction projects, the fire protection design examination and acceptance system shall be adopted.
Article 11 With respect to the special construction projects specified by the competent department of housing and urban-rural development under the State Council, the project owners shall submit the fire protection design documents to the competent department of housing and urban-rural development for examination. The competent department of housing and urban-rural development shall be accountable for the results of such examinations in accordance with the law.
With respect to other construction projects apart from those mentioned above, the project owners shall submit the drawings and technical materials of fire protection design that meet the construction requirement, when they apply for a construction permit or seek approval of the report for the start of construction.
Article 12 If a special construction project fails to undergo the fire protection design examination, or fails such examination, neither its project owner nor its construction entity shall carry out the construction work; with respect to other construction projects, if the project owners fail to submit the drawings and technical materials of fire protection design that meet the construction requirement, the relevant department shall not issue a construction permit or approve the report for the start of construction.
Article 13 With respect to the construction projects that are required by the competent department of housing and urban-rural development under the State Council to apply for acceptance checks for fire protection, project owners shall apply to the competent department of housing and urban-rural development under the State Council for acceptance checks for fire protection.
With respect to other construction projects apart from those mentioned above, project owners shall, after an acceptance check, report its results to the competent department of housing and urban-rural development for the record, and such department shall conduct a random inspection thereof.
With respect to construction projects that are subject to fire protection acceptance checks in accordance with the law, such projects shall not be put into use without completing or passing an acceptance check. With respect to other construction projects, those that fail the legal random inspection shall be suspended from use.
Article 14 Specific measures for examination of fire protection design, fire protection acceptance checks, record-filing and random inspection of construction projects shall be formulated by the competent department of housing and urban-rural development.
Article 15 A notification and commitment system shall be adopted for the fire safety inspection prior to the use or commencement of the business operation of public gathering places. Before a public gathering place is put into use or starts business operation, its construction entity or the entity using such place shall file an application for fire safety inspection with the fire rescue agency of the local people's government of such place at or above the county level, undertake that it will comply with the technical standards for and administrative provisions on fire protection, submit the materials as required, and be responsible for its commitment and the authenticity of its materials.
The fire rescue agency shall review the materials submitted by the applicant; where such materials are complete and conform to the statutory format, permission shall be granted.
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Order of the President of the People's Republic of China No. 81
April 29, 2021
(Adopted at the second session of the Standing Committee of the Ninth National People's Congress on April, 29, 1998; revised at the fifth session of the Standing Committee of the 11th National People's Congress on October 28, 2008; amended for the first time in accordance with the Decision of the Standing Committee of the National People's Congress on Amending Eight Laws Including the Construction Law of the People's Republic of China passed at the 10th session of the Standing Committee of the 13th National People's Congress on April 23, 2019; and amended for the second time in accordance with the Decision of the Standing Committee of the National People's Congress on Revising Eight Laws Including the Law of the People's Republic of China on Road Traffic Safety adopted at the 28th Session of the Standing Committee of the 13th National People's Congress on April 29, 2021)
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 purposes of preventing fire and reducing fire hazards, strengthening emergency rescue, safeguarding personal safety and property security, and maintaining public security.
Article 2 Fire protection work shall implement the guidelines of fire prevention and combining fire prevention and fire fighting, and implement a fire safety accountability system and establish a sound social fire protection network, on the basis of the uniform leadership of the government, the supervision by government departments in accordance to the law, the undertaking of full responsibilities by entities and the active participation by the general public.
Article 3 The State Council shall lead the fire protection work nationwide. The local people's governments at all levels shall be responsible for the fire protection work within their respective administrative areas.
The people's governments at all levels shall incorporate fire protection work into national economic and social development plans to ensure the mutual adaption of fire protection work and economic and social development.
Article 4 The emergency management department under the State Council shall supervise and administer the fire protection work nationwide. Emergency management departments of the local people's governments at or above the county level shall supervise and administer the fire protection work within their own administrative areas, and the fire rescue agencies under the said people's governments shall be responsible for carrying out such supervision and administration. The fire protection work for military installations shall be supervised and administered by the relevant competent departments with the assistance of the fire rescue agencies. Fire protection for underground areas of mines, nuclear power plants and offshore petroleum and natural gas installations shall be supervised and administered by the relevant competent departments.
Other relevant departments of the people's governments at or above the county level shall, within the scope of their respective responsibilities, properly handle the fire protection work in accordance with the provisions of this Law and other relevant laws and regulations.
If the fire protection of forests and grasslands are otherwise provided for in laws or administrative regulations, such provisions shall apply.
Article 5 All entities and individuals shall have the duty to maintain fire safety, preserve fire-fighting facilities, prevent occurrences of fire and report fire alerts. All entities and adult citizens shall have the duty to take part in the organized work of fire fighting.
Article 6 The people's governments at all levels shall organize and carry out publicity and education on fire protection on a regular basis to enhance the people's awareness of the importance of fire safety and protection.
Entities such as government departments, public organizations, enterprises and institutions shall strengthen the publicity and education on fire protection among their employees.
Emergency management departments and their fire rescue agencies shall strengthen the publicity on fire protection laws and regulations, and shall supervise, guide, and assist the relevant entities in properly carrying out publicity and education on fire protection.
Administrative departments in charge of education and human resources, schools and relevant vocational training institutions shall incorporate fire protection knowledge into their education, teaching and training programs.
Relevant departments for press, broadcasting, television, etc., shall carry out target-specific publicity and education on fire protection among the public.
Public organizations such as trade unions, the Communist Youth League and women's federations shall, by taking into account the characteristics of their respective target audience, organize and carry out publicity and education on fire protection.
Village committees and neighborhood committees shall assist the people's governments, public security organs, and emergency management departments in strengthening the publicity and education on fire protection.
Article 7 The State encourages and supports scientific research on and technological innovation in fire protection, and promotes the use of advanced technology and equipment for fire protection and emergency rescue. It encourages and supports non-governmental sectors in carrying out fire protection-related public welfare activities.
Entities and individuals that have made outstanding contributions to fire protection work shall be commended and rewarded in accordance with the relevant provisions of the State.
Chapter II Fire Prevention
Article 8 The local people's governments at all levels shall incorporate fire protection plans in respect of layouts of fire fighting facilities, fire stations, water supply for fire fighting, fire service communications, passageways for fire engines, firefighting equipment, etc., into their urban and rural planning and shall be responsible for the organization and implementation of such plans.
Where the layouts of fire fighting facilities in urban and rural areas do not meet fire safety requirements, adjustments and improvements shall be made to such layouts. Where public fire fighting facilities or equipment is inadequate or cannot meet practical needs, such facilities or equipment shall be increased, rebuilt, reinstalled or undergo technological improvement.
Article 9 The fire protection design and construction of a construction project shall meet national fire protection technical standards for construction projects. Project owners, design entities, construction entities, project supervision entities, etc., shall, in accordance with the law, be responsible for the fire protection design and the quality of the fire protection construction of the projects.
Article 10 With respect to construction projects which require fire protection designs according to the national fire protection technical standards for construction projects, the fire protection design examination and acceptance system shall be adopted.
Article 11 With respect to the special construction projects specified by the competent department of housing and urban-rural development under the State Council, the project owners shall submit the fire protection design documents to the competent department of housing and urban-rural development for examination. The competent department of housing and urban-rural development shall be accountable for the results of such examinations in accordance with the law.
With respect to other construction projects apart from those mentioned above, the project owners shall submit the drawings and technical materials of fire protection design that meet the construction requirement, when they apply for a construction permit or seek approval of the report for the start of construction.
Article 12 If a special construction project fails to undergo the fire protection design examination, or fails such examination, neither its project owner nor its construction entity shall carry out the construction work; with respect to other construction projects, if the project owners fail to submit the drawings and technical materials of fire protection design that meet the construction requirement, the relevant department shall not issue a construction permit or approve the report for the start of construction.
Article 13 With respect to the construction projects that are required by the competent department of housing and urban-rural development under the State Council to apply for acceptance checks for fire protection, project owners shall apply to the competent department of housing and urban-rural development under the State Council for acceptance checks for fire protection.
With respect to other construction projects apart from those mentioned above, project owners shall, after an acceptance check, report its results to the competent department of housing and urban-rural development for the record, and such department shall conduct a random inspection thereof.
With respect to construction projects that are subject to fire protection acceptance checks in accordance with the law, such projects shall not be put into use without completing or passing an acceptance check. With respect to other construction projects, those that fail the legal random inspection shall be suspended from use.
Article 14 Specific measures for examination of fire protection design, fire protection acceptance checks, record-filing and random inspection of construction projects shall be formulated by the competent department of housing and urban-rural development.
Article 15 A notification and commitment system shall be adopted for the fire safety inspection prior to the use or commencement of the business operation of public gathering places. Before a public gathering place is put into use or starts business operation, its construction entity or the entity using such place shall file an application for fire safety inspection with the fire rescue agency of the local people's government of such place at or above the county level, undertake that it will comply with the technical standards for and administrative provisions on fire protection, submit the materials as required, and be responsible for its commitment and the authenticity of its materials.
The fire rescue agency shall review the materials submitted by the applicant; where such materials are complete and conform to the statutory format, permission shall be granted.
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