| Category |
PUBLIC SECURITY |
Organ of Promulgation |
The Standing Committee of the National People’s Congress |
Status of Effect |
In Force |
| Date of Promulgation |
1998-04-29 |
Effective Date |
1998-09-01 |
|
|
|
Fire Prevention Law of the People’s Republic of China |
Contents
Chapter I General Provisions
Chapter II Fire Prevention
Chapter III Fire Fighting Organizations
Chapter IV Fire Extinguishment and Rescue
Chapter V Legal Liability
Chapter VI Supplementary Provision
(Adopted at the Second Meeting of the Standing Committee of the Ninth
National People’s Congress on April 29, 1998 and promulgated by Order No. 4
of the President of the People’s Republic of China on April 29, 1998)
Contents
Chapter I General Provisions
Chapter II Fire Prevention
Chapter III Fire Fighting Organizations
Chapter IV Fire Extinguishment and Rescue
Chapter V Legal Liability
Chapter VI Supplementary Provision
Chapter I General Provisions
Article 1 This Law is enacted with a view to preventing fire and
reducing fire damage, protecting the safety of citizens and the safety of
public property and the property of citizens, maintaining public security
and ensuring the smooth carrying out of the socialist modernization.
Article 2 The policy of prevention first and combination of fire
prevention and fire fighting should be implemented in fire prevention,
the principle of combination of specialized organs and masses shall be
adhered to and the fire prevention safety responsibility system shall be
practised.
Article 3 Fire prevention work shall be under the leadership of the
State Council and the responsibility of local people’s governments at all
levels. People’s governments at all levels should integrate fire prevention
work into the national economic and social development plans and ensure that
fire prevention work adapts to economic construction and social development.
Article 4 The department of public security under the State Council
exercises supervision and administration over fire prevention work
nationwide. Public security organs of local people’s governments at and
above the county level exercise supervision and administration over fire
prevention work within their respective administrative areas and the fire
fighting organs of public security organs of people’s governments at the
corresponding levels shall be responsible for the implementation. Fire
prevention work of military installations, underground portions of mines
and nuclear power plants shall be under the supervision and administration
of the units in charge of them.
In case of separate provisions under laws and administrative regulations
governing fire prevention work of forests and prairies, those provisions
shall be observed.
Article 5 All units and individuals have the obligation to maintain
fire prevention safety, protect fire-fighting installations, prevent fire
and report fire alarms. All units and adult citizens have the obligation
to participate in organized fire-fighting work.
Article 6 People’s governments at all levels should regularly conduct
fire prevention publicity and education to raise citizens’ fire prevention
awareness.
Competent administrative departments of education, labour and others
should integrate fire prevention know-how into contents of teaching and
training.
Press, publications, broadcasting, film, television and other competent
departments concerned have the obligation to conduct fire prevention safety
publicity and education.
Article 7 Units and individuals having made outstanding contribution or
prominent achievements in fire prevention work should be rewarded.
Chapter II Fire Prevention
Article 8 Municipal people’s governments should integrate fire-fighting
planning including fire-fighting safety layout, fire brigades, fire-fighting
water supply, fire-fighting communications, passages for fire engines,
fire-fighting equipment and other contents into overall city planning and be
responsible for organizing competent departments concerned in implementation.
Where there are inadequacies in public fire-fighting installations and
fire-fighting equipment or they are not in a position to cope with actual
requirements, there should be additional construction, reconstruction,
deployment or technical transformation.
Scientific research should be stepped up in fire prevention work and
advanced fire prevention technology and fire-fighting equipment shall be
extended and used.
Article 9 Plants, warehouses and special-purpose railway stations
and wharves producing, storing, loading and unloading inflammable or explosive
hazardous goods must be located on the fringe of cities or in relatively
independent safe belts. Filling stations, supply stations and pressure
regulating stations of inflammable or explosive gases or liquids should be
located in rational positions in line with the requirements for fire
prevention and explosion prevention.
For original plants, warehouses and special-purpose railway stations and
wharves producing, storing, loading and unloading inflammable or explosive
hazardous goods, and original filling stations, supply stations and
pressure regulating stations of inflammable or explosive gases or liquids not
in line with the provisions of the preceding paragraph, the units concerned
should take measures to resolve the problems within the specified time period.
Article 10 For a construction project the fire prevention design of which
to be worked out pursuant to the state technical standards for fire
prevention of engineering construction, the design unit should do the design
pursuant to the state technical standards for fire prevention of engineering
construction, and the construction unit should submit the blueprints and
relevant information of fire prevention design of the construction project to
the public security fire-fighting department for examination and verification;
for a construction project without undergoing examination and verification or
failing to qualify upon examination and verification, the competent
administrative department of construction must not issue the construction
permit and the construction unit must not proceed with the construction.
The fire prevention design of a construction project examined and
verified by the public security fire-fighting department that necessitates
changes should be submitted to the original examining and verifying public
security fire-fighting department for verification and approval; no unit or
individual shall effect any change without verification and approval.
At the time of completion of a construction project the fire prevention
design of which is worked out pursuant to the state technical standards for
fire prevention of engineering construction, acceptance checks for fire
prevention must be carried out by a public security fire-fighting department;
a project without completing acceptance checks or failing to qualify in
acceptance checks must not be put into use.
Article 11 Fire-prevention characteristics of construction structural
components and construction materials must conform to state standards or
trade standards.
Public places in which non-inflammable and hard-to-burn materials should
be used for their interior fixture and decoration pursuant to the stipulations
of state technical standards for fire prevention of engineering construction
must select the materials that have passed the inspection by an inspection
agency determined pursuant to the provisions of the Product Quality Law.
Article 12 Public gathering places such as song and dance halls,
cinemas and theatres, guest houses, hotels, markets and country fairs
should, prior to going into operation or opening for business, submit an
application to the local public security fire-fighting department and may go
into operation or open for business upon passing the fire prevention safety
inspection.
Article 13 For holding of activities of a mass character such as
large gatherings, evening parties with fireworks and lantern parties with
danger of fire, sponsoring units should work out contingency plans for
fire-fighting and emergency evacuation with fire prevention safety measures
in place, submit an application to the public security fire-fighting
department and may hold such activities only upon passing the fire
prevention safety inspection of the sites of the activities by the public
security fire-fighting department.
Article 14 Organs, societies, enterprises and institutions should
fulfil the following fire prevention safety responsibilities:
(1) working out fire prevention safety rules and fire prevention safety
operational procedures;
(2) practising the fire prevention safety responsibility system and
determining the responsible persons for fire prevention safety of the
units and their subordinate departments and positions;
(3) conducting fire prevention publicity and education among workers
and staff members in the light of the characteristics of the units;
(4) organizing fire prevention inspection to remove the hidden peril
of fire in time;
(5) deploying fire-fighting facilities and equipment, putting up fire
prevention safety signs pursuant to relevant state provisions, and
organizing inspection and maintenance at regular intervals to ensure that
fire-fighting facilities and equipment are in perfect condition and
effective;
(6) ensuring that evacuation channels and safety exits are unblocked
and putting up signs for fire prevention safety evacuation in keeping with
the state provisions;
Management units of residential areas for inhabitants should, pursuant
to the relevant provisions of the preceding paragraph, fulfil fire prevention
safety responsibilities and do a good job in fire prevention safety work in
residential areas.
Article 15 Collective dormitories for workers must not be located in
buildings with workshops and warehouses therein.
Collective dormitories for workers already located in buildings with
workshops or warehouses therein should be resolved within the specified
time period. Where there are actual temporary difficulties, necessary
fire prevention safety measures should be taken and the dormitories may
continue to be used upon approval of the public security fire-fighting
department.
Article 16 Fire-fighting departments of public security organs of local
people’s governments at or above the county level should determine the units
that have greater probability of outbreak of fire and that may suffer major
casualties or major losses of property in case of fire as key units for fire
prevention safety within their respective administrative areas and submit the
same to the people’s governments at the corresponding levels for the record.
Key units for fire prevention safety should, in addition to performance
of the responsibilities prescribed in Article 14 of this Law, fulfil the
following fire prevention safety responsibilities:
(1) establishing fire prevention files, determining key positions in
fire prevention safety, putting up fire prevention signs and exercising
strict control;
(2) carrying out daily fire prevention patrol and inspection and
establishing patrol and inspection records;
(3) conducting fire prevention safety training among workers and staff
members; and
(4) formulating contingency plans for fire-fighting and emergency
evacuation, and organizing fire-fighting exercises at regular intervals.
Article 17 Units and individuals that produce, store, transport and
sell or use and destroy inflammable or explosive hazardous goods must
observe the relevant state provisions for fire prevention safety.
Units that produce inflammable or explosive hazardous goods should
enclose with the products directions indicating such data as the ignition
point, flash point and explosion limit and annotate points for attention in
fire prevention and explosion prevention. Independently packed inflammable
or explosive hazardous goods should be stuck and enclosed with hazardous
goods labels.
Relevant state provisions for fire prevention safety must be observed
in entering sites producing and storing inflammable or explosive hazardous
goods. It is prohibited to bring kindling material along in entering sites
producing and storing inflammable or explosive hazardous goods. It is
prohibited to bring inflammable or explosive hazardous goods illegally
into public places or on board public transports.
Relevant state provisions for fire prevention safety must be observed
in the management of warehouses storing inflammable materials.
Article 18 Use of open fire in sites with peril of fire and explosion
is prohibited; in case of extraordinary circumstances that necessitate the
use of open fire in operations, formalities of examination and approval
should be completed in advance pursuant to provisions. Operators should
adhere to fire prevention safety rules and adopt corresponding fire
prevention safety measures.
Operators of electric welding and gas welding with peril of fire and
operators of automatic fire-fighting systems must take up their positions
with a qualification certificate and strictly adhere to operational
procedures for fire prevention safety.
Article 19 Quality of fire-fighting products must meet state standards
or trade standards. It is prohibited to produce, sell or use the fire-fighting
products without passing inspection by inspection agencies determined pursuant
to the provisions of the Product Quality Law.
It is prohibited to use parts or fire-extinguishing chemicals that
fail to meet state standards or trade standards in the maintenance of
fire-fighting facilities and equipment.
Public security fire-fighting departments and their functionaries must
not take advantage of their positions to designate the sales units and
brands of fire-fighting products for users.
Article 20 Quality of electrical products and gas appliances must meet
state standards or trade standards. Installation and use of electrical
products and gas appliances and design and laying of wiring and piping
must meet relevant state technical provisions for fire prevention safety.
Article 21 No unit or individual shall damage or shift for other uses,
dismantle and suspend the use of fire-fighting facilities and equipment
without authorization, shall bury or enclose fire hydrants, shall occupy
the fire prevention separation zones and shall block fire-prevention channels.
Departments of public utilities and urban construction or other units must
inform local public security fire-fighting departments in advance when
construction of roads as well as stoppage of power and water supply and
disconnection of telecommunications lines may affect fire brigades in fire
extinguishment and rescue operations.
Article 22 During agricultural harvesting seasons, forest and grassland
fire-prevention periods, major festivals and holidays and seasons when fires
frequently occur, local people’s governments at all levels should organize
and carry out fire prevention publicity and education with clear-cut aims,
adopt fire prevention measures and conduct fire prevention safety inspections.
Article 23 Villagers’ committees and residents’ committees should
carry out fire prevention work of a mass character, organize the work in the
formulation of the fire prevention safety pledge and conduct fire prevention
safety inspections. Village and township people’s governments and municipal
sub-district offices should provide guidance and carry out supervision.
Article 24 Public security fire-fighting departments should carry
out supervision and inspection in accordance with law over observance of
fire prevention laws and regulations by organs, societies, enterprises and
institutions. Supervision and inspection over key fire prevention safety
units should be conducted at regular intervals.
Functionaries of public security fire-fighting departments should,
when conducting supervision and inspection, produce identification cards.
Public security fire-fighting departments must not collect fees when
conducting supervision and inspection such as fire prevention examination
and verification and acceptance checks.
Article 25 Public security fire-fighting departments should, upon
discovery of hidden dangers of fire, inform the units or individuals concerned
in time to take measures and remove the hidden dangers within the specified
time period.
Chapter III Fire Fighting Organizations
Article 26 People’s governments at all levels should, in accordance with
the requirements of economic and social development, establish various forms
of fire-fighting organizations, step up the building of fire-fighting
organizations and upgrade fire-extinguishing and rescue capabilities.
Article 27 Municipal people’s governments should, pursuant to the
construction standards for fire brigades prescribed by the state, establish
public security fire brigades, specialized fire brigades to undertake the
work of fire extinguishment and rescue.
Township people’s governments may, in the light of local economic
development and requirements of fire prevention work, establish specialized
fire brigades and voluntary fire brigades to undertake the work of fire
extinguishment and rescue.
Public security fire brigades should, in addition to fulfilment of the
task of fire extinguishment and rescue prescribed by this Law, participate
in emergency rescue operations of other disasters or accidents.
Article 28 The following units should establish specialized fire
brigades to undertake the work of fire extinguishment and rescue of the
respective units:
(1) nuclear power plants, big-size power plants, civil airports and
big ports;
(2) big-size enterprises that produce and store inflammable or explosive
hazardous goods;
(3) big-size warehouses and bases storing combustible essential materials;
(4) other big-size enterprises than those specified in items (1), (2) and
(3) in which there are greater danger of fire but which are rather far from
local public security fire brigades; and
(5) management units of ancient architectural complexes listed as key
national cultural relics protected units and located rather far from local
public security fire brigades.
Article 29 Establishment of specialized fire brigades should be in
line with relevant state provisions and submitted to the fire-fighting
departments of the public security organs of the people’s governments at the
provincial level for acceptance checks.
Article 30 Organs, societies, enterprises, institutions and townships,
villages may, in the light of requirements, establish voluntary fire brigades
composed of workers and staff members or villagers.
Article 31 Public security fire-fighting departments should provide
professional guidance for specialized fire brigades and voluntary fire
brigades and have the authority to command and direct specialized fire
brigades to participate in fire-extinguishing and rescue work.
Chapter IV Fire Extinguishment and Rescue
Article 32 Whoever discovers a fire should report the fire alarm
forthwith. All units and individuals should provide facilities for reporting
the fire alarm without compensation and must not obstruct reporting the
alarm. Reporting false fire alarms is strictly prohibited.
In the event of occurrence of a fire in a public place, staff members of
the said public place on the scene have the obligation to organize and guide
the masses present at the site in evacuation.
A unit where a fire has occurred must organize forces to extinguish
the fire and conduct rescue operations forthwith. Neighbouring units should
provide support.
Fire brigades must, on receipt of the fire alarm, rush to the scene of
fire at once, rescue people in danger, eliminate the dangers and extinguish
the fire.
Article 33 In unified organization and command of on-the-scene fire
extinguishment and rescue operations by a public security fire-fighting
department, the commander-in-chief at the scene of fire has, in the light
of the requirements of fire extinguishment and rescue operations, the power
to decide on the following matters:
(1) use of various water sources;
(2) disconnection of transmission of electricity, inflammable gases and
liquids, restrictions in the use of fire and electricity;
(3) delimitation of cordon zones and imposition of local traffic control;
(4) use of neighbouring and close buildings and related facilities;
(5) dismantling or damaging of buildings and structures neighbouring the
scene of fire to prevent the fire from spreading; and
(6) mobilization of such relevant units as those of water supply, power
supply, medical aid, communications and transport to assist in fire
extinguishment and rescue operations.
In the event of extinguishment and rescue operations of an extraordinarily
big fire, the local people’s government concerned should organize personnel
concerned, despatch and gather required materials in support of fire
extinguishment.
Article 34 Participation in removal of danger and rescue operations
in other disasters or accidents than fire by public security fire brigades
shall be under the unified command of the local people’s government concerned.
Article 35 Fire engines and fire boats shall not be subjected to the
restrictions of the speed, routes and directions of driving and navigating as
well as direction signals while on their way to the execution of missions of
fire extinguishment or removal of danger and rescue operations in other
disasters and accidents. Other vehicles and vessels and pedestrians must
give way and must not penetrate or overtake them. Traffic control commanders
should ensure the speedy passage of fire engines and fire boats.
Article 36 Fire engines, fire boats as well as fire-fighting apparatuses,
equipment and facilities must not be used in matters not related to fire
fighting and removal of danger and rescue operations.
Article 37 Public security fire brigades must not collect any fee for
fire extinguishment and rescue operations from units or individuals that have
experienced the fire.
Specialized fire brigades and voluntary fire brigades shall be compensated
according to provisions for the consumption and damage of fuels, fire
extinguishing chemicals and apparatuses and equipment during participation in
fire extinguishment and rescue operations in other units.
Article 38 Persons injured, disabled or deceased for participation in
fire extinguishment and rescue operations shall be given medical treatment
or pension for the disabled or pension for the family of the deceased
according to relevant state provisions.
Article 39 A public security fire-fighting department has, after
extinguishment of a fire, the power to seal off the site of the fire
in accordance with requirements, and shall be responsible for investigating
and confirming the causes of the fire, verifying the losses of the fire and
ascertaining the responsibility for the fire accident.
With respect to an extraordinarily big fire accident, the State Council or
a provincial people’s government may organize investigation when it deems
necessary.
A unit where a fire has broken out should, after extinguishment of the
fire and pursuant to the requirement of the public security fire-fighting
department, protect the site, accept investigation of the accident and
truthfully provide information on the facts of the fire.
Chapter V Legal Liability
Article 40 Whoever commits any of the following acts in violation of
the provisions of this Law shall be ordered to make a rectification within
a specified time period; if he fails to make a rectification on expiry
of the specified time period, the offender shall be ordered to stop the
construction, stop the use or stop the production and business operations and
may concurrently be imposed a fine:
(1) proceeding with construction of a project in circumstances where the
fire prevention design of the project has not been submitted to the public
security fire-fighting department for examination and verification or fails
to pass the examination and verification;
(2) putting into use a construction project in circumstances where the
project has not undergone fire prevention acceptance checks or fails to pass
the acceptance checks on completion of construction of the project for which
a fire prevention design should be carried out according to law; and
(3) putting into use or operation a public gathering place in
circumstances where the place has not undergone the fire prevention safety
inspection or fails to pass the inspection.
A unit that commits acts of the preceding paragraph shall be penalized
pursuant to the provisions of the preceding paragraph, and the
person-in-charge held directly responsible and other personnel directly
responsible shall be administered a warning or imposed a fine.
Article 41 Whoever holds such activities of a mass character as a
large gathering, fireworks evening party or lantern party with the danger
of fire without authorization in violation of the provisions of this Law
shall be ordered by the public security fire-fighting department to make
an on-the-spot rectification; if he fails to make a rectification on the
spot, the offender shall be ordered to stop the holding and may concurrently
be imposed a fine.
A unit that commits the act of the preceding paragraph shall be penalized
pursuant to the provisions of the preceding paragraph, and the
person-in-charge held directly responsible and other personnel directly
responsible shall be administered a warning or imposed a fine.
Article 42 Whoever lowers fire prevention technical standards in
construction, uses construction structural components and construction
materials the fire prevention characteristics of which fail to meet state
standards or trade standards, or proceeds with construction with substandard
fixture and decoration materials without authorization in violation of the
provisions of this Law shall be ordered to make a rectification within a
specified time period; if he fails to make a rectification on expiry of
the specified time period, the offender shall be ordered to suspend the
construction and may concurrently be impose a fine.
A unit that commits acts of the preceding paragraph shall be penalized
pursuant to the provisions of the preceding paragraph, and the
person-in-charge held directly responsible and other personnel directly
responsible shall be administered a warning or imposed a fine.
Article 43 An organ, a society, an enterprise or an institution that
fails to perform fire prevention safety responsibilities in violation
