Fire Protection Law of the People's Republic of China
(Adopted at the 28th Session of the Standing Committee of the 13th National People's Congress on April 29, 2021)
Chapter I General provisions
Article 1 This Law is formulated for the purpose of preventing fire and reducing fire hazards, strengthening emergency rescue work, protecting personal and property safety and maintaining public safety。
Article 2 The principle of prevention first and combination of prevention and elimination shall be implemented in fire control work, and the responsibility system for fire control safety shall be implemented in accordance with the principles of unified leadership by the government, supervision by departments according to law, overall responsibility by units and active participation by citizens, and a socialized fire control work network shall be established and improved。
Article 3 The State Council shall lead the fire control work throughout the country。Local people's governments at various levels shall be responsible for fire control work within their respective administrative areas。
People's governments at all levels shall incorporate fire control work into national economic and social development plans to ensure that fire control work is compatible with economic and social development。
Article 4 The emergency management department under The State Council shall exercise supervision and administration over fire control work throughout the country。The emergency management departments of the local people's governments at or above the county level shall supervise and administer the fire control work within their respective administrative areas, and the fire control and rescue institutions of the people's governments at the same level shall be responsible for the implementation。The fire control work of military installations shall be supervised and managed by the units in charge, with the assistance of fire control and rescue institutions;The fire control work of underground parts of mines, nuclear power plants and offshore oil and gas installations shall be supervised and administered by their competent units。
Other relevant departments of the people's governments at or above the county level shall, within the scope of their respective functions and duties, do a good job of fire control work in accordance with the provisions of this Law and other relevant laws and regulations。
Where laws and administrative regulations have other provisions on fire control of forests and grasslands, such provisions shall be followed。
Article 5 All units and individuals shall have the obligation to maintain fire control safety, protect fire control facilities, prevent fire fires and report fire alarms。All units and adults have the obligation to participate in organized fire fighting work。
Article 6 People's governments at all levels shall organize and carry out regular fire control publicity and education to improve the citizens' awareness of fire control safety。
State organs, organizations, enterprises, institutions and other units shall strengthen the fire control publicity and education of their own personnel。
Emergency management departments and fire rescue institutions shall strengthen the publicity of fire control laws and regulations, and urge, guide and assist relevant units to do a good job of fire control publicity and education。
Administrative departments of education and human resources, schools and relevant vocational training institutions shall incorporate fire control knowledge into the content of education, teaching and training。
News, radio, television and other relevant units shall conduct fire control publicity and education for the society in a targeted manner。
Trade unions, Communist Youth League, women's federations and other organizations shall organize fire control publicity and education in light of the characteristics of their respective work objects。
Villagers' committees and residents' committees shall assist the people's governments, public security organs, emergency management and other departments to strengthen fire control publicity and education。
Article 7 The State encourages and supports scientific research and technological innovation on fire control, and promotes the use of advanced fire control and emergency rescue technology and equipment;Encourage and support social forces to carry out public welfare activities on fire control。
Units and individuals that have made outstanding contributions to fire control work shall be commended and rewarded in accordance with the relevant provisions of the State。
Chapter Two Fire prevention
Article 8 Local people's governments at all levels shall incorporate fire control planning including fire control safety layout, fire control stations, fire control water supply, fire control communication, fire truck access, fire control equipment and other contents into urban and rural planning, and be responsible for organizing implementation。
The distribution of urban and rural fire control safety does not meet the requirements of fire control safety, should be adjusted and improved;Where public fire control facilities and fire control equipment are insufficient or do not meet the actual needs, additional construction, reconstruction, allocation or technical transformation shall be carried out。
Article 9 The fire control design and construction of construction projects must conform to the national technical standards for fire control of construction projects。Construction, design, construction, project supervision and other units shall be responsible for the fire control design and construction quality of construction projects according to law。
Article 10 For construction projects requiring fire control design in accordance with the national technical standards for fire control of construction projects, the review and acceptance system for fire control design of construction projects shall be implemented。
11th housing and urban and rural construction departments under The State Council special construction projects, construction units should submit the fire control design documents to the housing and urban and rural construction departments for review, housing and urban and rural construction departments responsible for the results of the review according to law。
For other construction projects other than those specified in the preceding paragraph, the construction unit shall provide fire control design drawings and technical materials that meet the requirements of construction when applying for a construction permit or an approval report。
Article 12 Where a special construction project has not been examined for fire control design or fails to pass the examination, the construction unit or construction unit shall not carry out the construction.For other construction projects, where the construction unit fails to provide the fire control design drawings and technical data that meet the construction needs, the relevant departments shall not issue the construction permit or approve the commencement report。
13th housing and urban and rural construction department of The State Council stipulated that the construction project should be applied for acceptance of fire control, the construction unit shall apply to the housing and urban and rural construction department for acceptance of fire control。
For construction projects other than those provided for in the preceding paragraph, the construction unit shall, after acceptance, report them to the competent department of housing and urban and rural construction for the record, and the competent department of housing and urban and rural construction shall conduct spot checks。
Construction projects that should be subject to fire control acceptance inspection according to law shall not be put into use without fire control acceptance inspection or if they fail to pass the acceptance inspection;Other construction projects that fail to pass random inspection according to law shall be discontinued。
Article 14 The specific measures for the review of fire control design, fire control acceptance, filing and random inspection of construction projects shall be formulated by the competent department of housing and urban and rural construction under The State Council。
Article 15 The fire safety inspection of public gathering places before they are put into use and opened for business shall implement the management of informing commitment。Places of public gathering before they are put into use and open for business，The construction unit or the user unit shall apply for fire control safety inspection to the fire control rescue institution of the local people's government at or above the county level in the place where the site is located，Make a commitment that the site complies with fire technical standards and management regulations，Submit the required materials，And be responsible for the authenticity of its promises and materials。 [5]
Fire and rescue agencies to review the materials submitted by the applicant;Where the application materials are complete and conform to the statutory form, permission shall be granted。Fire rescue institutions shall, in accordance with fire control technical standards and management regulations, promptly verify the public gathering places where they have made commitments。
If the applicant chooses not to use the method of notification commitment, the fire rescue agency shall inspect the place within ten working days from the date of acceptance of the application in accordance with the technical standards and management regulations on fire control。If the inspection meets the requirements of fire control safety, permission shall be granted。
Places of public gathering shall not be put into use or open for business without the permission of fire control and rescue institutions。Specific measures for fire control safety inspection shall be formulated by the emergency management department under The State Council。
Article 16 Organs, organizations, enterprises, institutions and other units shall perform the following duties on fire control safety:
(1) Implement the responsibility system for fire control safety, formulate the unit's fire control safety system, fire control safety operation rules, and formulate fire fighting and emergency evacuation plans;
(b) in accordance with national standards, industry standards to configure fire control facilities, equipment, set up fire control safety signs, and regularly organize inspection, maintenance, to ensure good and effective;
(C) Building fire protection facilities should be comprehensively tested at least once a year to ensure that they are intact and effective, and test records should be complete and accurate and filed for future reference;
(d) to ensure that the evacuation channel, safety exit, fire truck passage unimpeded, to ensure that fire and smoke zones, fire spacing in line with fire technical standards;
(5) Organize fire prevention inspection to eliminate fire hazards in a timely manner;
(6) Organize targeted fire drills;
(7) Other fire control safety duties prescribed by laws and regulations。
The main person in charge of the unit is the person responsible for fire safety of the unit。
Article 17 The fire control and rescue institutions of the local people's governments at or above the county level shall identify the units with high fire risk and the units that may cause serious personal casualties or property losses as the key units of fire control safety within their respective administrative areas, and shall be reported by the emergency management department to the people's governments at the same level for the record。
Key units on fire control safety shall, in addition to performing the duties prescribed in Article 16 of this Law, perform the following duties on fire control safety:
(1) Determine fire control safety managers and organize the implementation of fire control safety management of the unit;
(b) establish fire control files, determine the key parts of fire control safety, set up fire prevention signs, and implement strict management;
(3) Implement daily fire prevention patrol and establish patrol records;
(4) Conduct pre-job fire safety training for employees, and regularly organize fire safety training and fire drill。
Article 18 Where the same building is managed or used by two or more units, the fire control safety responsibilities of each party shall be clearly defined, and the responsible person shall be determined to conduct unified management of the shared evacuation passageways, safety exits, building fire control facilities and fire truck passageways。
The property service enterprises in residential areas shall maintain and manage the common fire control facilities in the management area and provide fire protection and safety services。
Article 19 The production, storage and management of inflammable and explosive dangerous goods shall not be set up in the same building as the residential place, and shall keep a safe distance from the residential place。
Where the place of production, storage and operation of other articles and the place of residence are set in the same building, they shall conform to the national technical standards for fire control of engineering construction。
Article 20 Large-scale mass activities shall be held，The undertaker shall apply to the public security organ for a security permit according to law，Formulate fire fighting and emergency evacuation plans and organize drills，Clear division of fire safety responsibilities，Identify fire safety managers，Keep fire fighting facilities and fire fighting equipment complete, in good condition and effective，Ensure that the evacuation passageway, safety exit, evacuation indication signs, emergency lighting and fire truck passageway comply with fire control technical standards and management regulations。
Article 21 Smoking and the use of open flame in places with fire and explosion hazards are prohibited。Due to construction and other special circumstances need to use open flame operations, shall be in accordance with the provisions of prior approval procedures, take appropriate fire control safety measures;Operators shall abide by the regulations on fire control safety。
Personnel engaged in fire hazard operations such as electric welding and gas welding and operators of automatic fire control systems must hold certificates and abide by fire safety operation procedures。
22nd production, storage, loading and unloading of inflammable and explosive dangerous goods factories, warehouses and special stations, docks should be set up in accordance with the technical standards for fire control。Filling stations, supply stations and pressure regulating stations of inflammable and explosive gases and liquids shall be set up in a position that meets the requirements for fire control safety and meets the requirements for fire prevention and explosion protection。
Where the factories, warehouses, special stations and wharves for the production, storage and loading and unloading of inflammable and explosive dangerous goods, the filling stations, supply stations and pressure regulating stations of inflammable and explosive gases and liquids that have been set up no longer conform to the provisions of the preceding paragraph, the local people's governments shall organize and coordinate the relevant departments and units to solve the problem within a time limit and eliminate the potential safety hazards。
Article 23 The production, storage, transportation, sale, use and destruction of inflammable and explosive dangerous goods must comply with the technical standards and management regulations on fire control。
When entering places where inflammable and explosive dangerous goods are produced or stored, the regulations on fire control safety must be implemented。It is prohibited to illegally carry inflammable and explosive dangerous goods into public places or on public transport。
The management of warehouses storing combustible materials must comply with the technical standards and management regulations on fire control。
Article 24 Fire control products must conform to national standards;Where there is no national standard, it must comply with industry standards。It is prohibited to produce, sell or use unqualified fire control products and fire control products eliminated by the state。
Fire protection products that are subject to compulsory product certification according to law can be produced, sold and used only after they have been certified by certification bodies with statutory qualifications in accordance with the mandatory requirements of national standards and industry standards。The catalogue of fire control products subject to compulsory product certification shall be formulated and promulgated by the product quality supervision department under The State Council jointly with the emergency management department under The State Council。
The newly developed fire control products that have not yet formulated national standards and industrial standards shall be produced, sold and used only after they meet the requirements of fire control safety through technical appraisal according to the measures prescribed by the product quality supervision department under The State Council jointly with the emergency management department under The State Council。
The emergency management department of The State Council shall announce the fire control products that have passed the compulsory product certification or technical appraisal in accordance with this article。
25th product quality supervision departments, administrative departments for industry and commerce, fire control and rescue institutions shall strengthen the supervision and inspection of fire control product quality in accordance with their respective duties。
Article 26 The fire resistance of building components, building materials, interior decoration and decorative materials must conform to the State standards;Where there is no national standard, it must comply with industry standards。
The interior decoration and decoration of crowded places shall use non-combustible and non-combustible materials in accordance with the requirements of fire control technical standards。
Article 27 The product standards of electrical products and gas appliances shall meet the requirements of fire control safety。
The installation and use of electrical products and gas appliances, as well as the design, laying, maintenance and testing of lines and pipelines must comply with the technical standards and management regulations of fire control。
Article 28 No unit or individual shall damage, misappropriate, dismantle or suspend fire control facilities and equipment without authorization, shall not bury, occupy or cover fire hydrants or occupy fire spacing, shall not occupy, block or close evacuation passage, safety exit and fire truck passage。No obstructions affecting escape, fire fighting and rescue shall be installed in doors and Windows of crowded places。
Article 29 Units responsible for the maintenance and management of public fire control facilities shall maintain the integrity and effectiveness of public fire control facilities such as fire control water supply, fire control communication, fire truck passage, etc。In the construction of roads and power outage, water outage, cut off communication lines may affect the fire brigade fire rescue, the relevant units must notify the local fire rescue agencies in advance。
Article 30 Local people's governments at all levels shall strengthen the leadership of rural fire control work, take measures to strengthen the construction of public fire control facilities, organize the establishment and urge the implementation of fire control safety responsibility system。
Article 31 During the agricultural harvest season, forest and grassland fire prevention, major holidays and fire frequent seasons, local people's governments at all levels shall organize and carry out targeted fire control publicity and education, take fire prevention measures and carry out fire control safety inspection。
Article 32 Township people's governments and urban sub-district offices shall guide, support and help villagers' committees and residents' committees to carry out mass fire control work。The villagers' committees and residents' committees shall determine fire control safety managers, organize the formulation of fire control safety conventions and conduct fire control safety inspections。
Article 33 The State encourages and guides public gathering places and enterprises that produce, store, transport and sell inflammable and explosive dangerous goods to take out public liability insurance for fire;Insurance companies are encouraged to offer public liability insurance for fire。
34th fire control facilities maintenance testing, fire control safety assessment and other fire control technical service institutions shall meet the conditions for operation，Practitioners shall obtain corresponding qualifications according to law;In accordance with laws, administrative regulations, national standards, industry standards and practice guidelines，Accept the commission to provide fire technical services，And responsible for the quality of service。
Chapter III Fire control organization
Article 35 People's governments at all levels shall strengthen the construction of fire control organizations, establish various forms of fire control organizations according to the needs of economic and social development, strengthen the training of technical personnel on fire control, and enhance the ability of fire prevention, fighting and emergency rescue。
Article 36 The local people's governments at or above the county level shall, in accordance with the provisions of the State, establish national comprehensive fire rescue teams and full-time fire brigades, and shall be equipped with fire control equipment in accordance with the State standards to undertake fire fighting and rescue work。
Township people's governments shall, in accordance with the needs of local economic development and fire control work, establish full-time and volunteer fire brigades to undertake fire fighting and rescue work。
Article 37 The State comprehensive fire rescue team and full-time fire brigades shall, in accordance with the provisions of the State, undertake major disasters and other emergency rescue work focusing on saving the lives of personnel。
Article 38 The national comprehensive fire rescue team and full-time fire brigades shall give full play to the backbone role of professional forces in fire fighting and emergency rescue;In accordance with state regulations, organize and implement professional skills training, equip and maintain equipment and equipment, and improve the ability of fire fighting and emergency rescue。
Article 39 The following units shall establish full-time unit fire brigades to undertake fire fighting and rescue work of their own units:
(1) Large nuclear facilities, large power plants, civil airports and major ports;
(2) Large-scale enterprises producing and storing inflammable and explosive dangerous goods;
(3) large warehouses and bases for storing combustible important materials;
(4) Other large enterprises other than those stipulated in Item 1, Item 2 and Item 3 with greater fire risk and far away from the national comprehensive fire rescue team;
(5) Management units of ancient building groups that are far away from the national comprehensive fire rescue team and listed as key national cultural relics protection units。
Article 40 The establishment of full-time fire brigades shall comply with the relevant provisions of the State and be reported to local fire rescue institutions for acceptance。
Members of full-time fire brigades enjoy social insurance and welfare benefits according to law。
Article 41 State organs, organizations, enterprises, institutions and other units as well as villagers' committees and residents' committees shall, according to needs, establish volunteer fire brigades and other fire control organizations in various forms to carry out mass self-prevention and self-rescue work。
Article 42 Fire control and rescue institutions shall give business guidance to full-time fire brigade, volunteer fire brigade and other fire control organizations;According to the needs of fire fighting, full-time fire brigades can be mobilized and directed to participate in fire fighting and rescue work。
Chapter IV Fire fighting and rescue
Article 43 Local people's governments at or above the county level shall organize relevant departments to formulate emergency plans according to the characteristics of fire in their administrative areas, establish emergency response and disposal mechanisms, and provide personnel, equipment and other guarantees for fire fighting and emergency rescue work。
Article 44 Anyone who finds a fire shall immediately report it to the police。Any unit or individual shall provide convenience for reporting to the police free of charge and shall not obstruct reporting to the police。False fire alarm is strictly prohibited。
If a fire occurs in a crowded place, the on-site staff of the place shall immediately organize and guide the evacuation of the personnel present。
In case of fire in any unit, forces must be organized immediately to fight and rescue。Neighboring units should provide support。
Fire brigade received fire, must rush to the scene of the fire immediately, rescue people in distress, eliminate dangerous situation, put out the fire。
Article 45 Fire control and rescue institutions shall uniformly organize and direct fire fighting and rescue at the scene, and shall give priority to ensuring the life safety of the people in distress。
According to the needs of fire fighting and rescue, the chief commander of the fire scene has the right to decide the following matters:
(1) The use of various water sources;
(2) cut off the transmission of electricity, combustible gas and flammable liquid, and restrict the use of fire and electricity;
(3) demarcating warning areas and implementing local traffic control;
(4) making use of nearby buildings and related facilities;
(5) In order to rescue personnel and important materials and prevent the spread of fire, demolish or damage the buildings, structures or facilities adjacent to the fire site;
(6) Mobilize relevant units of water supply, power supply, gas supply, communications, medical rescue, transportation and environmental protection to assist in fire fighting and rescue。
According to the urgent needs of fire fighting and rescue, relevant local people's governments shall organize personnel and mobilize necessary materials to support fire fighting。
Article 46 The emergency rescue work of the national comprehensive fire rescue team and full-time fire brigades participating in other major disasters other than fire shall be under the unified leadership of the people's governments at or above the county level。
Article 47 Fire engines and fire boats shall carry out fire fighting and rescue or emergency rescue tasks，On the premise of ensuring safety，Not limited by speed, route, direction and command signals，Other vehicles, ships and pedestrians shall give way，Shall not intersperse and surpass;Toll roads and Bridges are exempt from vehicle tolls。Traffic control command personnel shall ensure the rapid passage of fire trucks and fire boats。
Fire control personnel and fire control equipment and materials dispatched to the scene of fire or emergency rescue need to be transported by railway, water or air, the relevant units shall give priority to transport。
Article 48 Fire trucks, fire boats and fire control equipment, equipment and facilities shall not be used for matters unrelated to fire control and emergency rescue work。
Article 49 The national comprehensive fire rescue team and full-time fire brigades shall not charge any fees for fire fighting and emergency rescue。
The fuel, fire extinguishing agent, equipment and equipment consumed by the full-time fire brigade and volunteer fire brigade in fighting and rescuing the fire of other units shall be compensated by the people's government of the place where the fire occurs。
Article 50 Persons who are injured, disabled or dead due to fire fighting and rescue or emergency rescue shall be given medical treatment and compensation in accordance with relevant regulations of the State。
Article 51 Fire control and rescue institutions have the right to close the fire site as needed, be responsible for investigating the cause of fire and making statistics on fire losses。
After the fire is extinguished, the units and relevant personnel involved in the fire shall protect the scene in accordance with the requirements of the fire control and rescue agencies, accept the accident investigation, and truthfully provide information related to the fire。
Fire rescue agencies shall, according to the fire scene inspection and investigation and the relevant inspection and appraisal opinions, make the fire accident identification report in time as the evidence for handling the fire accident。
Chapter V Supervision and inspection
Article 52 Local people's governments at all levels shall implement the responsibility system for fire control work and supervise and inspect the performance of fire control safety duties by relevant departments of the people's governments at the same level。
The relevant departments of the local people's governments at or above the county level shall, according to the characteristics of the system, carry out fire control safety inspections in a targeted manner, and urge and rectify fire hazards in a timely manner。
Article 53 Fire rescue institutions shall supervise and inspect the compliance by organs, organizations, enterprises, institutions and other units with laws and regulations on fire control according to law。Public security police stations may be responsible for daily supervision and inspection of fire control and carry out fire control publicity and education, and specific measures shall be formulated by the public security department under The State Council。
The staff of fire control rescue institutions and public security police stations shall present their certificates when conducting fire control supervision and inspection。
Article 54 Where fire control and rescue institutions find hidden dangers in fire control supervision and inspection, they shall notify relevant units or individuals to take immediate measures to eliminate hidden dangers;If the hidden dangers are not eliminated in time and may seriously threaten public safety, fire rescue institutions shall take temporary measures to seal up dangerous parts or places in accordance with regulations。
Article 55 Where fire control and rescue institutions find that the layout of urban and rural fire control safety and public fire control facilities do not meet the requirements of fire control safety during fire control supervision and inspection, or find that there are major fire hazards affecting public safety in the area, the emergency management department shall report in writing to the people's government at the same level。
The people's government that receives the report shall promptly verify the situation and organize or instruct the departments and units concerned to take measures to rectify the situation。
Article 56 The competent departments of housing and urban and rural construction, fire rescue institutions and their staff shall conduct fire control design review, fire control acceptance check, record spot check and fire control safety inspection in accordance with the statutory functions and powers and procedures, so as to be fair, strict, civilized and efficient。
The competent departments of housing and urban and rural construction, fire rescue institutions and their staff shall conduct fire control design review, fire control acceptance inspection, spot check for the record and fire control safety inspection，No charge，Shall not take advantage of his position to seek benefits;Shall not use the position for users, construction units designated or disguised designated fire control product brand, sales units or fire control technical service institutions, fire control facilities construction units。
Article 57 The competent departments of housing and urban and rural construction, fire rescue institutions and their staff shall consciously accept the supervision of society and citizens when performing their duties。
Any unit or individual shall have the right to report and accuse the competent departments of housing and urban and rural construction, fire and rescue agencies and their staff of illegal acts in law enforcement。The organ that receives the report or accusation shall promptly investigate and handle it in accordance with its duties。
Chapter VI Legal liability
Article 58 Whoever, in violation of the provisions of this Law, commits any of the following acts shall be ordered by the competent departments of housing and urban and rural construction and fire control and rescue institutions, in accordance with their respective functions and powers, to stop construction, stop use or suspend production and business, and be fined not less than 30,000 yuan but not more than 300,000 yuan:
(1) Construction projects that should be subject to fire control design review according to law, without legal review or failed to pass the review, unauthorized construction;
(B) construction projects that should be subject to fire control acceptance according to law, without fire control acceptance or fail to pass the fire control acceptance, are put into use without authorization;
(3) Not stopping the use of other construction projects prescribed in Article 13 of this Law after they have been checked and accepted and are not qualified according to law through random inspections;
(4) Public gathering places without the permission of fire and rescue institutions, put into use or business, or find that the use and business conditions of the places are inconsistent with the contents of the commitment after verification。
If the inspection finds that the use and business conditions of public gathering places are not consistent with the contents of the commitment, the party shall be ordered to correct within a time limit, fail to rectify within the time limit or still fail to meet the requirements after rectification, the corresponding license shall be revoked according to law。
Where a construction unit fails to report to the competent department of housing and urban and rural construction for the record after acceptance inspection in accordance with the provisions of this Law, the competent department of housing and urban and rural construction shall order it to make corrections and impose a fine of not more than 5,000 yuan。
Article 59 Whoever, in violation of the provisions of this Law, commits any of the following acts shall be ordered by the competent department of housing and urban and rural construction to make corrections or stop the construction and shall be fined not less than 10,000 yuan but not more than 100,000 yuan:
(1) The construction unit requires the architectural design unit or the construction enterprise to lower the technical standards of fire control design and construction;
(2) The building design unit does not carry out the fire control design in accordance with the mandatory requirements of the technical standards for fire control;
(C) construction enterprises do not in accordance with fire control design documents and technical standards for fire control construction, reducing the quality of fire control construction;
(4) The project supervision unit colludes with the construction unit or the construction enterprise to practice fraud and reduce the quality of fire control construction。
Article 60 Where a unit violates the provisions of this Law and commits any of the following acts, it shall be ordered to make corrections and fined not less than 5,000 yuan but not more than 50,000 yuan:
(1) The configuration and setting of fire control facilities, equipment or fire control safety signs do not meet the national standards and industry standards, or are not kept in good condition and effective;
(2) damaging, misappropriating or dismantling or stopping fire control facilities and equipment without authorization;
(3) occupying, blocking or closing evacuation passages, safety exits or committing other acts that impede safe evacuation;
(4) burying, occupying, shielding fire hydrants or occupying fire spacing;
(5) occupying, blocking or closing the passage of fire engines and obstructing the passage of fire engines;
(6) Setting obstructions affecting escape, fire fighting and rescue on doors and Windows of crowded places;
(7) Failing to take timely measures to eliminate fire hazards after being notified by fire control and rescue institutions。
An individual who commits any of the acts in items 2, 3, 4 or 5 of the preceding paragraph shall be given a warning or fined not more than 500 yuan。
Where an act (3), (4), (5) or (6) of the first paragraph of this Article is ordered to correct and refuses to correct it, it shall be enforced, and the necessary expenses shall be borne by the wrongdoer。
Article 61 Where the place where inflammable and explosive dangerous goods are produced, stored or dealt with is set up in the same building as the place where people live, or fails to keep a safe distance from the place where people live, the company shall be ordered to suspend production and business and fined not less than 5,000 yuan but not more than 50,000 yuan。
Where the place of production, storage and operation of other articles and the place of residence are set in the same building and fail to meet the technical standards for fire control, penalties shall be imposed in accordance with the provisions of the preceding paragraph。
Article 62 Whoever commits any 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 the Administration of Public Security:
(1) Producing, storing, transporting, selling, using and destroying inflammable and explosive dangerous goods in violation of relevant technical standards and regulations on fire control;
(2) Illegally carrying inflammable and explosive dangerous goods into public places or taking public transport;
(3) falsely reporting fire alarms;
(4) obstructing fire trucks and fire boats from performing tasks;
(5) obstructing the staff of fire control and rescue institutions from performing their duties according to law。
Article 63 Whoever commits any of the following acts in violation of the provisions of this Law shall be given a warning or fined not more than 500 yuan;If the circumstances are serious, he shall be detained for not more than five days:
(A) violation of fire safety regulations into the production and storage of inflammable and explosive dangerous goods places;
(2) using open flame in violation of regulations or smoking or using open flame in places with fire and explosion danger。
Article 64 Whoever, in violation of the provisions of this Law, commits one of the following acts, but not yet constitutes a crime, shall be detained for not less than 10 days but not more than 15 days and may, in addition, be fined not more than 500 yuan;If the circumstances are relatively minor, he shall be given a warning or fined not more than 500 yuan:
(1) instigating or forcing others to operate at risk in violation of fire control safety regulations;
(2) negligently causing fire;
(3) blocking the alarm after the fire broke out, or the person with reporting responsibility does not report the alarm in time;
(4) disturbing the order of the fire scene, or refusing to follow the command of the fire scene commander, affecting the fire fighting and rescue;
(5) Intentionally destroying or forging the fire scene;
(6) Unpacking or using places and parts sealed up by fire rescue institutions without authorization。
Article 65 Those who, in violation of the provisions of this Law, produce and sell unqualified fire control products or fire control products eliminated by the State, shall be given heavy punishment by the product quality supervision department or the administrative department for industry and commerce in accordance with the provisions of the Product Quality Law of the People's Republic of China。
Using unqualified fire control products or fire control products eliminated by state decree in densely populated places，Order correction within a time limit;Not corrected within the time limit，Be fined not less than 5,000 yuan but not more than 50,000 yuan，The persons directly in charge and other persons directly responsible shall be fined not less than 500 yuan but not more than 2,000 yuan;serious，Ordered to suspend production and business。
Fire rescue institutions for the situation provided for in the second paragraph of this article, in addition to punishing the user according to law, should be found unqualified fire products and the state expressly eliminated fire products of the situation of product quality supervision departments, industrial and commercial administrative departments。The departments for supervision over product quality and the administrative departments for industry and commerce shall promptly investigate and handle the producers and sellers according to law。
Article 66 Where the installation and use of electric appliances and gas appliances, as well as the design, laying, maintenance and testing of lines and pipelines do not conform to the technical standards and management regulations on fire control, correction shall be ordered within a time limit;If it fails to make corrections within the time limit, it shall be ordered to stop using it and may be imposed a fine of not less than 1,000 yuan but not more than 5,000 yuan。
Article 67 Any state organ, organization, enterprise or institution that violates the provisions of Article 16, Article 17, Article 18 or paragraph 2 of Article 21 of this Law shall be ordered to make corrections within a time limit;If the party fails to make corrections within the time limit, the persons directly in charge and other persons directly responsible shall be given sanctions or warning penalties according to law。
Article 68 If a fire occurs in a crowded place and the on-site staff of the place fails to fulfill their obligations to organize and guide the evacuation of the personnel present, if the circumstances are serious and no crime is constituted, he shall be detained for not less than five days but not more than 10 days。
Article 69 Fire control facilities maintenance testing, fire safety assessment and other fire control technical service institutions，Those who do not have the working conditions to engage in fire control technical service activities or issue false documents，The fire rescue institution shall order it to make corrections，Be fined not less than 50,000 yuan but not more than 100,000 yuan，The persons directly in charge and other persons directly responsible shall be fined not less than 10,000 yuan but not more than 50,000 yuan;Those who do not carry out fire control technical service activities in accordance with national standards and industrial standards，Order correction，A fine of not more than 50,000 yuan，The persons directly in charge and other persons directly responsible shall be fined not more than 10,000 yuan;There are illegal gains，The illegal gains shall also be confiscated;Causing loss to others，Bear the liability for compensation according to law;serious，Order to stop practicing law or revoke corresponding qualifications;Causing heavy damage，The business license shall be revoked by the relevant department，The relevant responsible personnel shall be banned from entering the market for life。 [5]
Where the institution mentioned in the preceding paragraph issues false documents and causes losses to others, it shall be liable for compensation according to law;If heavy losses are caused, the fire and rescue institutions shall order them to stop practicing or revoke the corresponding qualifications according to law, the relevant departments shall revoke the business license, and the relevant responsible personnel shall be banned from entering the market for life。
Article 70 The administrative penalties provided for in this Law shall be decided by the public security organs in accordance with the relevant provisions of the Law of the People's Republic of China on Administrative Penalties for Public Security, and shall be decided by the competent departments of housing and urban and rural construction and fire rescue institutions in accordance with their respective functions and powers。
Where an order is made to cease construction, cessation of use or cessation of production or business operation, a report shall be made to the department or institution making the decision after rectification, and only after passing the inspection can the construction, use, production or business operation be resumed。
If a party fails to implement the decision on production or business suspension, cessation of use or cessation of construction within the time limit, the decision shall be enforced by the department or agency that made the decision。
Where an order to suspend production or business operations has a great impact on economic and social life, the competent department of housing and urban and rural construction or the department of emergency management shall report it to the people's government at the corresponding level for decision according to law。
Article 71 Staff members of the competent departments of housing and urban and rural construction and fire control and rescue institutions who abuse their power, neglect their duties, practice favoritism and engage in malpractices for personal gains, and who commit any of the following acts but do not constitute a crime, shall be punished according to law:
(A) the fire control design documents, construction projects, sites that do not meet the requirements of fire control safety are approved to pass the examination, fire control acceptance inspection, fire control safety inspection;
(b) delay without reason fire control design review, fire control acceptance, fire control safety inspection, do not perform duties within the statutory time limit;
(3) those who do not promptly notify the relevant units or individuals to rectify the hidden danger of fire;
(4) Using their positions to designate or designate in disguised form brands and sales units of fire control products for users and construction units or fire control technical service institutions and fire control facilities construction units;
(5) using fire trucks, fire boats and fire control equipment, equipment and facilities for matters unrelated to fire control and emergency rescue;
(6) other acts of abuse of power, dereliction of duty, favoritism and malpractice。
Staff members of product quality supervision, industrial and commercial administration and other relevant administrative departments who abuse their power, neglect their duties, practice favoritism and engage in malpractices in fire control work, if no crime is constituted, shall be punished according to law。
Article 72 Whoever violates the provisions of this Law and constitutes a crime shall be investigated for criminal responsibility according to law。
Chapter VII Supplementary Provisions
Article 73 The meanings of the following terms used in this Law:
(1) Fire control facilities refer to automatic fire alarm system, automatic fire extinguishing system, fire hydrant system, smoke prevention and exhaust system, emergency broadcasting and emergency lighting, safety evacuation facilities, etc。
(2) Fire control products refer to products specially used for fire prevention, fire fighting and rescue, fire protection, refuge and escape。
(3) Places of public gathering refer to hotels, restaurants, shopping malls, market markets, waiting rooms of passenger stations, waiting halls of passenger terminals, terminals of civil airports, sports stadiums, halls and places of public entertainment, etc。
(4) Crowded places，It's a public gathering place，Hospital outpatient building, ward building，The school's teaching buildings, library, dining hall and dormitory，Old people's home，Welfare house，nursery，kindergarten，The reading room of the public library，Public exhibition halls, exhibition halls of museums，Production and processing workshops and staff dormitories of labor-intensive enterprises，Places for tourism, religious activities, etc。
Article 74 This Law shall come into force as of May 1, 2009。
Source: China National Net
