Rule number one of the general rules
This Law is formulated for the purpose of preventing fires and reducing fire hazards, strengthening emergency rescue work, protecting personal and property safety and maintaining public safety.
second
Fire control work implements the policy of putting prevention first and combining prevention with elimination. In accordance with the principles of unified leadership of the government, supervision by departments according to law, overall responsibility of units and active participation of citizens, the responsibility system for fire control safety is implemented, and a socialized fire control network is established and improved.
essay
The State Council leads the national fire control work. Local people's governments at all levels are responsible for fire control work within their respective administrative areas.
People's governments at all levels shall incorporate fire control work into the national economic and social development plan to ensure that fire control work is compatible with economic and social development.
Article 4
The public security department of the State Council supervises and manages the national fire control work. The public security organs of the local people's governments at or above the county level shall supervise and manage the fire control work within their respective administrative areas, and the fire control institutions of the public security organs of the people's governments at the corresponding levels shall be responsible for the implementation. The fire control work of military facilities shall be supervised and managed by the competent units, and the fire control institutions of public security organs shall provide assistance; The fire control work of underground parts of mines, nuclear power plants and offshore oil and gas facilities shall be supervised and managed by the competent units.
Other relevant departments of the people's governments at or above the county level shall, within the scope of their respective duties, do a good job in fire control in accordance with the provisions of this Law and other relevant laws and regulations.
Where laws and administrative regulations have other provisions on forest and grassland fire control, such provisions shall prevail.
Article 5
All units and individuals have the obligation to maintain fire safety, protect fire control facilities, prevent fires and report fire accidents. All units and adults have the obligation to participate in organized fire fighting.
Article 6
People's governments at all levels shall organize and carry out regular fire prevention publicity and education to raise citizens' awareness of fire safety.
Organs, organizations, enterprises, institutions and other units shall strengthen the publicity and education on fire control of their own personnel.
The public security organs and their fire control institutions shall strengthen the publicity of fire control laws and regulations, and urge, guide and assist the relevant units to do a good job in fire control publicity and education.
Education, human resources administrative departments, schools and relevant vocational training institutions should incorporate fire control knowledge into education, teaching and training.
News, radio, television and other relevant units should carry out fire prevention publicity and education for the society.
Trade unions, the Communist Youth League, women's federations and other organizations shall organize fire prevention publicity and education according to the characteristics of their respective working objects.
Villagers' committees and residents' committees shall assist the people's governments and public security organs and other departments to strengthen fire prevention publicity and education.
Article 7
The state encourages and supports scientific research and technological innovation in fire control, and promotes the use of advanced fire control technology and emergency rescue equipment; Encourage and support social forces to carry out fire public welfare activities.
Units and individuals that have made outstanding contributions in fire control work shall be commended and rewarded in accordance with relevant state regulations.
fire prevention
Article 8
The local people's governments at all levels shall incorporate the fire protection planning including fire safety layout, fire station, fire water supply, fire communication, fire truck passage and fire equipment into urban and rural planning, and be responsible for organizing the implementation.
Urban and rural fire safety layout does not meet the requirements of fire safety, it should be adjusted and improved; If public fire-fighting facilities and fire-fighting equipment are insufficient or do not meet the actual needs, they should be added, rebuilt, equipped or technically transformed.
Article 9
The fire protection design and construction of building projects must conform to the national technical standards for fire protection of engineering construction. Construction, design, construction, project supervision and other units shall be responsible for the fire protection design and construction quality of construction projects according to law.
Article 10
Except as otherwise provided in Article 11 of this Law, the construction unit shall, within seven working days from the date of obtaining the construction permit according to law, report the fire control design documents to the fire control institution of the public security organ for the record, and the fire control institution of the public security organ shall conduct spot checks.
Article 11
For large-scale crowded places and other special construction projects specified by the public security department of the State Council, the construction unit shall submit the fire protection design documents to the fire control institutions of the public security organs for review. The fire control institution of the public security organ shall be responsible for the audit results according to law.
Article 12
Construction projects that should be audited by the fire control institutions of public security organs according to law, which have not been audited according to law or are unqualified, shall not be issued by the department in charge of examining and approving the construction permit, and the construction unit and the construction unit shall not carry out construction; Other construction projects that fail to pass the spot check according to law after obtaining the construction permit shall stop construction.
Article 13
After the completion of a construction project that requires fire protection design in accordance with the national technical standards for fire protection in engineering construction, fire protection acceptance and filing shall be carried out in accordance with the following provisions:
(1) For the construction project specified in Article 11 of this Law, the construction unit shall apply to the fire control institution of the public security organ for fire control acceptance;
(two) other construction projects, the construction unit after acceptance, shall be reported to the public security organ fire control institutions for the record, the public security organ fire control institutions shall conduct spot checks.
Construction projects that should be subject to fire control acceptance according to law are prohibited from being put into use without fire control acceptance or unqualified fire control acceptance; Other construction projects that fail to pass random inspection according to law shall stop construction.
Article 14
Specific measures for fire protection design review, fire protection acceptance, filing and spot check of construction projects shall be formulated by the public security department of the State Council.
Article 15
Before the public gathering place is put into use or business, the construction unit or the user unit shall apply to the fire department of the public security organ of the local people's government at or above the county level for fire safety inspection.
The fire control institution of the public security organ shall, within ten working days from the date of accepting the application, conduct fire safety inspection on the place according to the technical standards and management regulations on fire control. Without fire safety inspection or inspection does not meet the requirements of fire safety, it shall not be put into use or business.
Article 16
Organs, organizations, enterprises, institutions and other units shall perform the following fire safety duties: (1) Implement the fire safety responsibility system, formulate the fire safety system and fire safety operating rules of their own units, and formulate fire fighting and emergency evacuation plans;
(two) in accordance with national standards and industry standards, the allocation of fire facilities and equipment, set up fire safety signs, and organize regular inspection and maintenance to ensure that it is in good condition and effective;
(three) at least once a year to conduct a comprehensive inspection of building fire control facilities, to ensure that they are in good condition and effective, and the inspection records should be complete and accurate, and kept on file for future reference;
(four) to ensure the smooth passage of evacuation routes, safety exits and fire engines, and to ensure that the fire prevention and smoke prevention zones and fire prevention intervals meet the technical standards for fire control;
(five) the organization of fire inspection, timely elimination of fire hazards;
(six) to organize targeted fire drills;
(seven) other fire safety duties as prescribed by laws and regulations.
The main person in charge of the unit is the person in charge of fire safety of the unit.
Article 17 The fire control institutions of the public security organs of local people's governments at or above the county level shall identify the units that may cause fire, heavy casualties or property losses as the key units of fire control safety within their respective administrative areas, and the public security organs shall report them to the people's governments at the corresponding levels for the record.
Key units of fire control safety shall perform the following fire control safety duties in addition to the duties specified in Article 16 of this Law:
(a) to determine the fire safety administrator and organize the implementation of the fire safety management of the unit;
(two) the establishment of fire files, determine the key parts of fire safety, set fire signs, and implement strict management;
(three) the implementation of daily fire inspection, and establish inspection records;
(four) to conduct pre-job fire safety training for employees, and organize regular fire safety training and fire drills.
Eighteenth the same building is managed or used by two or more units, it should be clear about the fire safety responsibilities of all parties, and determine the responsible person to conduct unified management of the shared evacuation routes, safety exits, building fire control facilities and fire truck passages.
Residential property service enterprises shall maintain and manage the shared fire control facilities in the management area and provide fire safety prevention services.
Nineteenth places for the production, storage and management of inflammable and explosive dangerous goods shall not be located in the same building as the residential place, and keep a safe distance from the residential place.
Where the place where other articles are produced, stored and managed is in the same building as the residence, it shall conform to the national technical standards for fire control of engineering buildings.
Article 20 When holding a large-scale mass activity, the undertaker shall apply to the public security organ for a safety license according to law, formulate a fire fighting and emergency evacuation plan and organize drills, define the division of responsibilities for fire safety, determine the fire safety management personnel, keep the fire fighting facilities and fire fighting equipment complete, intact and effective, and ensure that the evacuation passage, exit, evacuation indication sign, emergency lighting and fire truck passage meet the fire fighting technical standards and management regulations.
Article 21 Smoking and the use of naked flames are prohibited in places with fire and explosion hazards. If it is necessary to carry out open flame operation due to special circumstances such as construction, it shall go through the examination and approval procedures in advance in accordance with the regulations and take corresponding fire safety measures; Operators shall abide by fire safety regulations.
Personnel engaged in electric welding, gas welding and other operations with fire hazards and operators of automatic fire control systems must hold relevant certificates and abide by fire safety operation procedures.
Article 22 Factories, warehouses, special stations and docks that produce, store, load and unload inflammable and explosive dangerous goods shall meet the technical standards for fire control. Filling stations, supply stations and pressure regulating stations for flammable and explosive gases and liquids shall be set at positions that meet the requirements of fire safety and fire prevention and explosion prevention.
Where the completed factories, warehouses, special stations and docks for producing, storing and loading and unloading inflammable and explosive dangerous goods, filling stations, supply stations and pressure regulating stations for inflammable and explosive gases and liquids no longer meet the provisions of the preceding paragraph, the local people's government shall organize and coordinate relevant departments and units to solve them within a time limit and eliminate potential safety hazards.
Twenty-third production, storage, transportation, sale, use and destruction of inflammable and explosive dangerous goods, must implement the technical standards for fire control and management regulations.
Fire safety regulations must be implemented when entering places where inflammable and explosive dangerous goods are produced and stored. It is forbidden to illegally carry inflammable and explosive dangerous goods into public places or take public transport.
The management of warehouses for storing combustible materials must implement fire control technical standards and management regulations.
Twenty-fourth fire products must meet the national standards; If there is no national standard, it must meet the industry standard. It is forbidden to produce, sell or use unqualified fire-fighting products and fire-fighting products explicitly eliminated by the state.
Fire protection products subject to compulsory product certification according to law shall be produced, sold and used only after being certified by a certification body with legal qualifications in accordance with the compulsory requirements of national standards and industry standards. The catalogue of fire protection products subject to compulsory product certification shall be formulated and published by the product quality supervision department of the State Council in conjunction with the public security department of the State Council.
Newly-developed fire-fighting products that have not yet formulated national standards and industry standards shall be produced, sold and used in accordance with the measures stipulated by the product quality supervision department of the State Council in conjunction with the public security department of the State Council, and shall meet the fire safety requirements after technical appraisal.
In accordance with the provisions of this article, the fire protection products that have passed the compulsory product certification or technical appraisal shall be announced by the fire control institutions of the State Council public security organs.
Twenty-fifth product quality supervision departments, industrial and commercial administrative departments and fire control institutions of public security organs shall, according to their respective responsibilities, strengthen supervision and inspection of the quality of fire control products.
Twenty-sixth building components, building materials and interior decoration materials must meet the national standards; If there is no national standard, it must meet the industry standard.
Indoor decoration in crowded places should use incombustible and flame retardant materials that meet the requirements of fire control technical standards.
Article 27 The product standards of electrical appliances 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 conform to the technical standards and management regulations for fire control.
Article 28 No unit or individual may damage, misappropriate or dismantle or stop fire control facilities and equipment without authorization, bury, occupy or block fire hydrants or occupy fire prevention spaces, occupy, block or close evacuation passages, safety exits and fire truck passages. Doors and windows in crowded places shall not be equipped with obstacles that affect escape and fire fighting and rescue.
Twenty-ninth units responsible for the maintenance and management of public fire control facilities shall keep public fire control facilities such as fire water supply, fire communication and fire truck passage intact and effective. In the course of road construction, if power, water and communication lines are cut off, which may affect the fire brigade's fire fighting and rescue, the relevant units must notify the local public security organ fire control institutions in advance.
Thirtieth local people's governments at all levels should strengthen the leadership of rural fire control work, take measures to strengthen the construction of public fire control facilities, organize the establishment and supervision of the implementation of fire safety responsibility system.
Thirty-first in the agricultural harvest season, forest and grassland fire prevention period, major holidays and fire-prone seasons, local people's governments at all levels should organize targeted fire prevention publicity and education, take fire prevention measures and carry out fire safety inspections.
Thirty-second Township People's governments and urban neighborhood offices shall guide, support and help villagers' committees and residents' committees to carry out mass fire control work. Villagers' committees and residents' committees shall determine fire safety administrators, organize the formulation of fire safety conventions and conduct fire safety inspections.
Article 33 The State encourages and guides public gathering places and enterprises that produce, store, transport and sell inflammable and explosive dangerous goods to participate in fire public liability insurance; Encourage insurance companies to underwrite fire public liability insurance.
Thirty-fourth fire protection product quality certification, fire protection facilities testing, fire safety monitoring and other fire protection technical service institutions and employees shall obtain corresponding qualifications and qualifications according to law; In accordance with laws, administrative regulations, national standards, industry standards and practice guidelines, accept the entrustment to provide fire safety technical services, and be responsible for the service quality.
Fire control organizations 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 fire control technicians, and enhance the ability of fire prevention, fire fighting and emergency rescue.
Article 36 Local people's governments at or above the county level shall establish public security fire brigades and full-time fire brigades in accordance with state regulations, equip them with fire fighting equipment in accordance with national standards, and undertake fire fighting and rescue work.
Township people's governments shall, according to the needs of local economic development and fire control work, establish full-time fire brigades and volunteer fire brigades to undertake fire fighting and rescue work.
Thirty-seventh public security fire brigade, full-time fire brigade in accordance with the provisions of the state to undertake major disasters and accidents, such as emergency rescue work mainly to save the lives of personnel.
Thirty-eighth public security fire brigade, full-time fire brigade should give full play to the backbone role of professional strength in fire fighting and emergency rescue; In accordance with state regulations, organize and implement professional skills training, equip and maintain equipment, and improve fire fighting and emergency rescue capabilities.
Thirty-ninth the following units shall establish a full-time fire brigade to undertake the fire control work of their own units:
(a) large nuclear facilities, large power plants, civil airports and major ports;
(2) Large enterprises that produce and store inflammable and explosive dangerous goods;
(3) Large warehouses and bases for storing important combustible materials;
(four) other large enterprises with greater fire risk and far away from the public security fire brigade outside the first, second and third provisions;
(five) the management unit of ancient buildings far away from the public security fire brigade and listed as national key cultural relics protection units.
Fortieth the establishment of a full-time fire brigade shall conform to the relevant provisions of the state, and shall be reported to the fire control institution of the local public security organ for acceptance.
Full-time fire brigade members enjoy social insurance and welfare benefits according to law.
Forty-first organs, organizations, enterprises, institutions and other units, as well as villagers' committees and residents' committees, set up various forms of fire control organizations such as volunteer fire brigades to carry out mass self-defense and self-help work.
Forty-second fire control institutions of public security organs shall provide professional guidance to full-time fire brigades, volunteer fire brigades and other fire control organizations; According to the needs of fire fighting, full-time fire brigade can be mobilized and commanded to participate in fire fighting.
Fire Fighting Article 43 Local people's governments at or above the county level shall, according to the characteristics of fires within their respective administrative areas, organize relevant departments to formulate emergency plans, establish emergency response and disposal mechanisms, and provide personnel and equipment for fire fighting and emergency rescue work.
Article 44 Anyone who finds a fire shall call the police immediately. Any unit or individual shall provide convenience for the alarm free of charge and shall not block the alarm. It is forbidden to lie about the fire alarm.
When a fire breaks out in a crowded place, the on-site staff of the place shall immediately organize and guide the evacuation of the people present.
In case of fire in any unit, we should immediately organize forces to put out the fire. Peripheral units should give support.
After receiving the fire alarm, the fire brigade must immediately rush to the scene of the fire to rescue the people in distress, eliminate the danger and put out the fire.
Forty-fifth fire control institutions of public security organs shall give priority to ensuring the life safety of people in distress when organizing and directing fire fighting at the scene.
The commander-in-chief of the fire scene has the right to decide the following matters according to the needs of fire fighting:
The use of various water sources;
(2) Cut off the transmission of electricity, combustible gas and combustible liquid, and restrict the use of fire and electricity;
(3) Delineating warning zones and implementing local traffic control;
(four) the use of adjacent buildings and related facilities;
(5) Dismantling or damaging buildings, structures or facilities adjacent to the fire site in order to rescue personnel and important materials and prevent the fire from spreading;
(six) to mobilize water supply, power supply, gas supply, communications, medical rescue, transportation, environmental protection and other relevant units to assist in fire fighting and rescue.
According to the emergency needs of fire fighting, the relevant local people's governments shall organize personnel to mobilize necessary materials to support fire fighting.
Forty-sixth public security fire brigade, full-time fire brigade to participate in other major disasters and accidents of emergency rescue work, by the people's governments at or above the county level unified leadership.
Article 47 When fire engines and fire boats perform fire fighting or emergency rescue tasks, they are not limited by speed, route, direction and command signals on the premise of ensuring safety, and other vehicles, ships and pedestrians should avoid and not pass; Toll roads and bridges are free of vehicle tolls. Traffic management commanders should ensure the rapid passage of fire engines and fire boats.
Firefighters who rushed to the scene of the fire or rescued and mobilized fire-fighting equipment and materials need railway, waterway and air transportation, and the relevant units shall give priority to transportation.
Forty-eighth fire engines, fire boats and fire fighting equipment, equipment and facilities shall not be used for matters unrelated to fire fighting and emergency rescue work.
Forty-ninth public security fire brigade and full-time fire brigade shall not charge any fees for fire fighting and emergency rescue.
The people's government at the place where the fire broke out shall compensate the fuel, fire extinguishing agent, equipment and equipment. Lost when the full-time fire brigade and volunteer fire brigade of this unit participate in the fire fighting outside this unit.
Article 50 Persons who are injured, disabled or sacrificed due to participating in fire fighting and emergency rescue shall be given medical treatment and pension in accordance with relevant state regulations.
Fifty-first fire control institutions of public security organs have the right to close the fire scene as needed, and are responsible for investigating the cause of the fire and counting the fire losses.
After the fire is put out, the unit and relevant personnel who have a fire shall protect the scene according to the requirements of the fire control institution of the public security organ, accept the accident investigation and truthfully provide the information related to the fire.
The fire control institution of the public security organ shall, according to the fire scene inquest, investigation and relevant inspection and appraisal opinions, make a fire accident identification in time as evidence for handling the fire accident.
Supervision and inspection Article 52 Local people's governments at various 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 corresponding levels.
The relevant departments of the local people's governments at or above the county level shall, according to the characteristics of this system, carry out fire safety inspections in a targeted manner and promptly urge the rectification of fire hazards.
Article 53 The fire control institutions of public security organs shall supervise and inspect the compliance of organs, organizations, enterprises, institutions and other units with fire control laws and regulations according to law. The police station can be responsible for daily fire supervision and inspection, and carry out fire prevention publicity and education. The specific measures shall be formulated by the public security department of the State Council.
The staff of fire control institutions of public security organs and police stations shall show their certificates when conducting fire control supervision and inspection.
Fifty-fourth fire control institutions of public security organs shall notify the relevant units or individuals to take immediate measures to eliminate hidden dangers when they find hidden dangers in fire control supervision and inspection; If the hidden dangers are not eliminated in time, which may seriously threaten public safety, the fire department of the public security organ shall take temporary sealing-up measures for dangerous parts or places in accordance with regulations.
Article 55 If the fire control institutions of public security organs find that the fire safety layout of urban and rural areas and public fire control facilities do not meet the fire safety requirements during the fire control supervision and inspection, or find that there are major fire hazards affecting public safety in the local area, the public security organs shall report to the people's government at the corresponding level in writing.
The people's government that receives the report shall promptly verify the situation and organize or instruct the relevant departments and units to take measures for rectification.
Fifty-sixth fire control institutions of public security organs and their staff shall, in accordance with the statutory authority and procedures, conduct fire design audit, fire acceptance and fire safety inspection, so as to be fair, strict, civilized and efficient.
Fire control institutions of public security organs and their staff shall not charge fees for fire control design review, fire control acceptance and fire control safety inspection, and shall not seek benefits by using fire control design review, fire control acceptance and fire control safety inspection. The fire control institutions of public security organs and their staff members shall not use their positions to designate brands and sales units of fire control products or fire control technical service institutions or fire control facilities construction units in disguise for users and construction units.
Fifty-seventh fire control institutions of public security organs and their staff shall consciously accept the supervision of society and citizens when performing their duties.
Any unit or individual has the right to report and accuse the illegal acts of the fire control institutions of public security organs and their staff in law enforcement. The organ that receives the report or complaint shall promptly investigate and deal with it according to its duties.