(Passed by the Second Session of the Ninth National People’s Congress on April 29, 1998)
CHAPTER ONE GENERAL RULES Article 1 This law is formulated in the purpose of preventing fire and reducing fire damage, safeguarding citizen’s personal security, public Article 2 Fire control work shall follow the policy of devoting major efforts into prevention and combining fire prevention with fire fighting, Article 3 The State Council shall led and the people’s governments at all levels be responsible for fire control work. The people’s government Article 4 The public security department of the State Council shall monitor and administer the nationwide fire control work; the public security For fire control work on forest and grassland, in case there are separate regulations, the separate regulations shall be followed. Article 5 Any unit and individual shall have the obligation of keeping fire control safety, protecting fire control facilities, preventing Article 6 The people’s government at all levels shall carry out regular fire control propaganda and education and strengthen citizens’ awareness Administrative department on education and labor shall put fire control knowledge into teaching and training. Competent departments in journalism, publishing, broadcasting, movie and television sector shall have the obligation to conduct propaganda Article 7 Units and individuals who make prominent contribution or achievements in fire control work shall be awarded.
CHAPTER TWO FIRE PREVENTION Article 8 Urban people’s governments shall bring the fire control plan into the overall urban planning, including fire control safety layout, Science research and promotion on fire control work should be reiterated and advanced fire control technology and equipage should Article 9 Existing factories and warehouses and specialized depots and wharves for production, storage, loading and unloading of inflammable For existing factories and warehouses and specialized depots and wharves for production, storage, loading and unloading of inflammable Article 10 For construction project conducting fire control design in accordance with requirements of the State Technical Standards on Fire For fire control design for construction project approved by relevant public security fire control institution, in case the design Upon the completion of a construction project containing a fire control design conducted in accordance with requirements of the State Article 11 The fire proof performance of constructional elements and construction materials must conform to the state standards or industrial The indoor fittings and decoration of public places using inflammable and flame retardant materials in accordance with requirements Article 12 Song and dance hall, cinema, hotel, restaurant, commercial center and market fair where the public gather, before putting into use Article 13 For mass activities with fire danger, such as large gatherings, fireworks evening party and lantern party, the host unit shall formulate Article 14 State organs, organizations, enterprises and institutions shall perform the following duties on fire control security: (I) Formulate fire control safety system and operation rules on fire control safety; (II) Exercise fire prevention safety responsibility system, appoint person-in-charge for fire control safety of the unit and various (III) Conduct fire control propaganda and education on employees in light of the characteristics of the unit, (IV) Organize fire prevention inspection and remove hidden danger in time; (V) Allocate and purchase fire control facilities and devices, set up fire control safety marks in accordance with relevant state (VI) Ensure that evacuation passageway and safety exit are unblocked and set up evacuation marks on fire control safety conforming The administrative unit of residential areas shall perform duties and responsibilities on fire control safety in accordance with regulations Article 15 Rooms within the same building of workshop or warehouse shall not be used as dormitory. In case rooms in a building with workshop Article 16 For units with higher risk of fire disaster and units that may cause major casualties and deaths or heavy loss of assets in case Key units on fire control safety shall, in addition to performing the duties and responsibilities as stipulated in Article 14 of this (I) Set up file system on fire prevention, locate critical parts for fire control safety, set up fire prevention marks and exercise (II) Exercise daily fire prevention patrol and set up patrol record; (III) Conduct fire control safety training on employees; (IV) Formulate pre-proposal on fire fighting and emergency evacuation and organize regular fire drill. Article 17 Any unit and individual engaged in production, storage, transportation, sales or use and destroy of inflammable and explosive dangerous Units producing inflammable and explosive dangerous goods shall attach instruction book with datas such as the ignition point, flash Those who enter places where inflammable and explosive dangerous goods are produced and stored, must execute the state regulations The management of warehouses storing inflammable goods must be in execution of relevant state regulations on fire control safety. Article 18 It is prohibited to use naked light in places with fire and explosion danger; in case naked light operation is required for special Operators conducting operation with fire danger like electrical welding and gas welding or operators for automatic fire control system, Article 19 The quality of fire control products must conform to the state standards or industrial standards. It is prohibited to produce, sell It is prohibited to use complementary fire control parts, extinguishant, maintenance and fire control facilities and devices not conforming Public security fire control institutions and their staff shall not specify sales units and brands of fire control products in the Article 20 The quality of electrical products and gas utensils must conform to the state standards or industrial standard. The installation, Article 21 Any unit or individual shall not damage or arbitrarily use, dismantle and stop using fire control facilities and devices, and shall Public utility units or urban construction units, when building road and cutting off power, water supply and communication lines that Article 22 During farm products harvest seasons and fire prevention period of forest and grassland, major holidays and frequent fire disaster Article 23 Villagers committee and neighborhood committee shall organize the masses to carry out fire control work, formulate fire prevention Article 24 Public security fire control institutions shall monitor and conduct inspection on state organs, organizations, enterprises and institutions Working staff of public security fire control institutions, when conducting supervision and inspection, shall produce certificates. Public security fire control institutions, when conducting fire control examination and approval and acceptance check, shall not collect Article 25 Public security fire control institutions, when finding out hidden fire danger, shall inform relevant units or individuals in time
CHAPTER THREE FIRE CONTROL ORGANIZATIONS Article 26 The people’s government at all levels shall, in accordance with the requirement of economic and social development, set up fire control Article 27 Urban people’s governments shall, in accordance with the standards on fire control station construction, set up public security fire Township people’s governments may, in accordance with the requirements of economic development and fire control work, set up full Public security fire brigades, except guaranteeing to carry out fire fighting and rescue work as stipulated in this law, should also Article 28 The following units shall set up full time fire brigades to undertake fire fighting and rescue work. (I) Nuclear power plant, large power plant, civil airports and large wharves; (II) Large enterprises producing and storing inflammable and explosive dangerous goods; (III) Large warehouses and bases storing inflammable important goods; (IV) Other large enterprises other than those listed in Item (I) (II) (III), but with high risk of fire disaster and are far from Article 29 The establishment of full time fire brigade shall conform to relevant regulations of the state and be submitted to fire control institutions Article 30 State organs, organizations, enterprises and institutions as well as towns and villages may set up obligatory fire brigade consisting Article 31 Public security fire control institutions shall give business guidance to full time and obligatory fire brigades, and shall have
CHAPTER FOUR FIRE FIGHTING AND RESCUE Article 32 Any one who discover a fire shall immediately report to the police. Any unit and individual shall provide convenience for fire alarm In case a fire occurs in a public place, the on site working staff of the public place shall have the obligation to organize and guide Units suffering fire disaster shall immediately organize fire fighting and rescue work. Neighboring units shall provide support. Fire brigades, upon receiving fire reporting, must rush to fire site immediately to rescue people under mishap, eliminate dangerous Article 33 Public security fire control institutions, when making unified organization and direction of on site fire fighting and rescue, the (I) Use of various water sources; (II) Cut off transmission of power, inflammable gas and liquid, and restrict the use of fire and power; (III) Delimit warning zone and exercise local transportation control; (IV) Make use of neighboring constructions and related facilities; (V) Dismantle or damage neighboring constructions and structures of fire site so as to prevent fire spreading; (VI) Muster relevant units of water and power supply, medical and rescue and transportation to assist the fire fighting and rescue For ultra large fire disaster, relevant local people’s government shall organize relevant personnel and assemble necessary goods to Article 34 Public security fire control institutions, when conducting relief and rescue work of other disasters or accidents other than fire Article 35 Fire trucks and fire boats, when rushing for fire fighting and rescue work or relief and rescue task for other disaster and accidents, driving direction and traffic signals; other vehicles, ships and pedestrians must make way and shall not conduct overtaking. Traffic Article 36 Fire truck, fire boats and fire control devices, equipage and facilities shall not be used for purposes other than fire fighting Article 37 Fire brigades shall not charge any fee for fire fighting and rescue work from units and individuals suffering fire disaster. Full time fire brigade and obligatory fire brigade shall be compensated for fuel, extinguishant and device and equipage used in taking Article 38 Personnel suffering injury, cripple and death as a result of taking part of fire fighting and rescue work, shall be given medical Article 39 After a fire is extinguished, public security fire control institutions shall, based on need, have the right to seal up fire site, For ultra large fire disasters, in case the State Council or the people’s government at provincial level consider it necessary, an After a fire is extinguished, fire breaking units shall protect fire site in accordance with requirements of public security fire
CHAPTER FIVE LEGAL RESPONSIBILITIES Article 40 Any one who violates the rules of this law and has one of the following conducts, shall be ordered to make corrections within a time (I) Those who start construction when the fire control design of the construction projects have not be reviewed and approved or be (II) Those who make arbitrary use of a completed construction project which should conduct fire control design in accordance with (III) Those who arbitrarily make use of or start business in places where the public gather without going through fire control safety (IV) Units with conduct of this article shall be punished in accordance with rules of this article and the person in charge with direct Article 41 Those who, in violation of this law, arbitrarily hold mass activities like large gatherings, fireworks evening party, lantern party (V) Units with the conduct of this article shall be punished in accordance with the rules of this article, and the person in charge Article 42 Those who, in violation of this law, arbitrarily lower technical standards on fire control in construction, us construction parts Units with the conduct of this article, shall be punished in accordance with rules of this article; and the person in charge with Article 43 State organs, organizations, enterprises and institutions who violates rules of this law and do not perform responsibilities or fire Operational places with one of the following conducts shall be ordered to make corrections within a time limit; those who do not make (I) Those who do not remove fire danger in time; (II) Those who do not, in accordance with relevant regulations of the state, allocate and purchase fire control facilities and devices; (III) Those who do not guarantee the evacuation passageway and safety exist unblocked. Those who use rooms in a building with workshop or warehouse as dormitory shall be punished in accordance with rules of Article 2. Article 44 Those who, in violation the rules of this law, produce and sell fire control products that have not passed qualification check by Those units engaged in maintenance and check and test of fire control facilities and devices, carry out maintenance and check and Article 45 In case the installation of electrical appliances and gas utensils or the laying of circuits and pipelines do not conform to the Article 46 Those who, in violation the rules of this law, produce, store, transport, sell or use, destroy inflammable and explosive dangerous Those units with the conduct of this article, shall be ordered to stop illegal activities, and can be given disciplinary warning or Article 47 Those who, in violation the rules of this law, have one of the following conducts, shall be given disciplinary warning or penalty, (I) Those who, in violation the rules of this law, enter places where inflammable and explosive dangerous goods are produced and stored; (II) Those who, in violation law, use naked light in operation or who, in violation of prohibition, smoke, use naked light in places (III) Those who obstruct fire alarm reporting or make false report on fire disaster; (IV) Those who deliberately obstruct fire truck and fire boasts from rushing to fire site or who disturb the order of fire site; (V) Those who refuse to obey the command of fire site commander and influence fire fighting and rescue work; (VI) Those whose blunder causes fire but has not resulted in heavy losses. Article 48 Those who violates the rules of this law and have one of the following conducts, shall be given disciplinary warning or penalty: (I) Those who instigate or force others to conduct operation at risk in violation the rules on fire control safety, but have not cause (II) Those who bury, occupy fire hydrant or occupy fire prevention space, block fire control passageway, or damage and arbitrarily (III) Those who do not remove serious fire danger after being informed by public security fire control institutions; Units with the conduct of this article shall be punished in accordance with rules of this article; and the person in charge with direct Those who have the conduct listed in item 2 of Clause 1, shall be further ordered to make restoration or compensate the losses within Article 49 On site working staff of public places, in case of a fire, do not perform the obligation of organizing and guiding the evacuation Article 50 For those who, after a fire is extinguished, deliberately destroy the fire site or make a simulated scene in the purpose of concealing Article 51 The punishment on conducts violating the rules of this law shall be decided by public security fire control institutions; punishment Article 52 The working staff of public security fire control institutions, in case of abusing their authority, ignoring their duty and playing (I) Those who pass the examination and approval and acceptance check to fire control design and construction projects that do not (II) Those who deliberately delay in giving and do not give examination and approval and acceptance check to fire control design and (III) Those who do not inform relevant units or individual to make corrections when finding hidden danger of fire. (IV) Those who, in the capacity of their function, specify sales units or brands of fire control products or specify construction (V) Other conducts involving abusing authority, dereliction of duty and playing favoritism and committing irregularities. Article 53 Those who violate this law and commit a criminal offence will be pu
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