Construction of fire protection regulations (No. 106)
People's Republic of China Ministry of Public Order
No. 106
"Fire construction supervision and management regulations" has been April 30, 2009 by the Minister of Public Security office meeting amended, is hereby promulgated for implementation from May 1, 2009.
Public Security Minister:Meng Jianzhu
April 30, 2009
Construction supervision and management of fire regulations
CONTENTS
Chapter One I General Provisions
Chapter two Responsibility for quality fire protection design, construction
Chapter third Fire safety design and fire inspection
Chapter four Fire record checks design and final acceptance
Chapter five Law enforcement supervision
Chapter Six legal liability
Chapter Seven Supplementary Rules
Chapter One I General Provisions
First in order to strengthen supervision and management of fire engineering construction, the implementation of construction fire protection design, construction quality and safety responsibilities, standardize the behavior of fire supervision and management, according to "People's Republic of China Fire Law", "Construction Quality Management Regulations", enactment of this provision .
Article 2 Fire Management These provisions apply to new construction, expansion, alteration (including interior decoration, use change), and other construction projects.
This does not apply to residential interior decoration, the villagers self-built housing, disaster relief and other temporary buildings building activities.
Third construction, design, Construction, project supervision units shall comply with fire regulations, the state fire technical standards, responsible for the construction of fire protection design, construction quality and safety.
Public security fire control mechanism according to law construction fire safety design, fire inspection and filing, checks.
Fourth outside Province, the regional government public security fire control institutions, local governments above the county level public security fire control institutions undertake construction projects in the area of fire protection design review, fire inspection and record checks work. Specific division of labor is determined by the provincial public security fire control institutions, and report to Ministry of Public Security Fire Department record.
Cross administrative region construction fire safety design, fire inspection and record checks work, their common upper level public security fire control institutions specified jurisdiction.
Fifth The implementation of public security fire control institution-building fire protection management, should follow a fair, strict, civilized and efficient principles.
Article VI the fire protection design construction engineering, Construction engineering construction must comply with national technical standards on fire.
National Engineering newly enacted before the implementation of technical standards for the construction of the fire, fire Design and construction works have been the public security fire control institutions or qualified audit record, respectively, according to the original audit opinion or standards when filing.
Article VII public security fire control institutions of fire safety design of construction works, fire inspection and record checks should be carried out by two or more law enforcement officers name.
Chapter two Responsibility for quality fire protection design, construction
Article VIII of the construction unit shall not require the design, construction, project supervision and other relevant units and personnel in violation of fire regulations and national construction technical standards on fire, reducing fire control design and construction quality of the construction project, and bear the following fire protection design, quality construction of responsibility:
(A) apply for construction of fire safety design, fire inspection, fire protection design according to law and final acceptance procedures and checks accepted; public gathering places within the construction set without fire safety check or examination does not comply with fire safety requirements, must not be put into use, business;
(B) the implementation of project supervision of construction projects shall be entrusted to the construction quality supervision of fire;
(C) selection of fire protection design, construction unit with the state qualification level;
(D) selection of qualified fire protection products and meet the performance requirements of building elements of fire, building materials and interior decoration materials;
(E) shall be subject to legally fire safety design, fire inspection of construction projects, unaudited or audited unqualified, shall not organize construction; without the acceptance or failed the inspection, shall be delivered.
Article IX shall assume responsibility for the quality and design units designed following the fire:
(A) conduct fire control design, preparation of design documents meet the requirements of the fire according to fire regulations and national construction technical standards on fire, the fire can not be in violation of national construction standards mandatory technical requirements for the design;
(B) in the design of fire protection products and have chosen fire performance requirements of building components, building materials, interior decoration materials, shall indicate the specifications, performance and other technical indicators, its quality must meet the national standards or industry standards;
(C) to participate in the construction unit of the construction project completion and acceptance of the organization for the implementation of the fire protection design construction sign it.
Article X of the construction unit should bear the responsibility for the quality and safety of construction following the fire:
(A) in accordance with national technical standards and fire protection engineering construction design review by qualified fire protection or fire protection design document filed organizational construction, the fire will be allowed to change the design and construction, reduce construction quality fire;
(B) an examination of fire protection products and have fire performance requirements of building elements, materials and interior decoration materials quality, the use of qualified products to ensure construction quality fire;
(C) the establishment of the construction site fire safety responsibility system, to determine the person in charge of fire safety. To strengthen the education and training of firefighting construction workers, the implementation of flare, electricity, flammable combustible materials and other fire management systems and procedures. To ensure that the construction project completion and acceptance before the fire exits, fire water, fire facilities and equipment, fire safety signs good and effective.
Article XI engineering quality supervision units shall bear the responsibility for supervising the construction of fire following:
(A) in accordance with national technical standards and fire protection engineering construction design review by qualified fire protection or fire protection design document filed with the implementation of project supervision;
(B) products and there is fire in the fire performance requirements of building components, building materials, interior decoration materials during construction, prior to installation, verification of product quality certificates shall not consent to the use or installation of fire protection products and substandard performance does not meet the requirements of fire building components, building materials, interior decoration materials;
(C) to participate in the construction unit of the construction project completion and acceptance of the organization, construction quality construction fire signature.
Article XII drawings for the construction of fire protection design review, completion and acceptance, institutions and personnel security assessments, testing and other technical services fire shall obtain the appropriate qualifications, eligibility according to the law, in accordance with laws, administrative regulations, national standards, industry standards and standards of practice provide fire technical services, and is responsible for the review, evaluation, inspection, testing opinions issued.
Chapter third Fire safety design and fire inspection
Article XIII of the staff have one of the following circumstances crowded places, the construction unit shall apply to the public security fire control institutions fire safety design and fire protection design audit opinion to the issue of public security fire control institution for fire inspection after the completion of construction projects:
?。ㄒ唬㏕otal construction area of more than 20,000 square meters of stadiums, halls, public galleries, museums showrooms;
?。ǘ㏕otal construction area of more than fifteen thousand square meters of civilian airport terminal, passenger station waiting room, the waiting hall Ferry Terminal;
（三）Total construction area of more than ten thousand square meters of hotels, restaurants, shopping malls, markets;
?。ㄋ模㏕otal construction area of more than two thousand five hundred square meters of theaters, public library reading room, commercial indoor fitness and leisure venues, the hospital's outpatient building, teaching building universities, libraries, canteens, labor-intensive production and processing enterprises workshop, temples, churches;
?。ㄎ澹㏕otal construction area of more than one thousand square meters of nurseries and kindergartens for children space, children's play rooms and other indoor children's activities, nursing homes, welfare, hospital, nursing home ward building, teaching building primary and secondary schools, libraries, canteens, schools dormitory, dormitory labor-intensive enterprises;
?。㏕otal construction area of more than five hundred square meters of dance halls, video halls, auditoriums, Kara OK hall, nightclub, entertainment halls, saunas, cafes, bars, restaurants have entertainment features, teahouses, cafes.
Article 14 The special construction of the following circumstances, the construction unit shall apply to the public security fire control institutions fire safety design and fire protection design audit opinion to the issue of public security fire control institution for fire inspection after the completion of construction projects:
?。ㄒ唬㏕he staff has provisions listed in Article XIII intensive construction sites;
?。ǘ〤ountry office buildings, power dispatching building, telecommunications building, the postal building, disaster prevention and control building, radio and television buildings, archives building;
（三）The first section, the second paragraph of the single building area of more than forty thousand square meters or outside the building height over fifty meters of other public buildings;
?。ㄋ模︰rban rail transportation, engineering, large-scale power generation, power distribution projects;
?。ㄎ澹㏄roduction, storage and handling of flammable and explosive dangerous goods factories, warehouses and specialized depots and wharves, flammable gas and liquid filling stations, supply stations and pressure regulating stations.
Article XV apply for fire safety design of the construction unit shall provide the following materials:
?。ㄒ唬〤onstruction fire safety design of returns;
?。ǘ〤onstruction unit of the business license and other legal identity documents;
?。ㄈ㎞ew construction project planning permit expansion project documentation;
?。ㄋ模〥esign qualification documents;
（五）Fire design files.
Article XVI of the following circumstances, the construction unit in addition to providing material present provisions specified in Article 15, shall also provide special technical solutions and explain fire design, or design using international standards, foreign technical standards on fire Chinese text, and other related fire protection design of application examples, product descriptions and other technical information:
?。ㄒ唬㎞ational construction technical standards on fire not provided;
（二）New Fire design documents to be adopted, new technology, new materials may affect the construction of fire safety, do not meet national standards;
?。ㄈ㊣t intends to adopt international standards or foreign technical standards on fire.
Within 20 days issue a written opinion Article 17 public security fire control institution shall accept the fire safety design of the application. However, in accordance with the regulations require expert appraisal, expert review time is not counted in the audit time.
Article XVIII public security fire control institutions shall, according to the fire regulations and fire protection engineering construction technical standards mandatory requirement for fire protection design document declared for review. To meet the following conditions, the public security fire control institutions shall issue a qualified audit opinions fire protection design; do not meet the conditions, it shall issue a qualified opinion Fire design review and explain the reasons:
?。ㄒ唬㎞ew and expansion project construction planning permit has been made;
（二）Design units have the appropriate qualifications;
?。ㄈ〥E sign units have the appropriate qualifications;
（四）The overall layout and architecture layout, fire rating, building construction, security, evacuation, design fire water, fire power and distribution, fire protection facilities construction in line with national fire standards mandatory technical requirements;
?。ㄎ澹㏒election of fire protection products and construction materials have fire performance requirements in line with national construction fire technical standards and relevant regulations.
From Article 19 of Article 16 of the present situation with a construction project, public security fire control institution shall accept fire safety design of the application within five days of the application materials submitted to the provincial people's government public security fire control institutions and organizations expert review.
The provincial government public security fire control institutions shall, from the date of receipt of the application materials within thirty days in conjunction with the Housing and Urban administrative departments convene an expert review of the construction unit TECHNIQUE program submitted for review. Participate in the assessment of the experts should have relevant professional senior technical titles, the total number of not less than seven, and shall issue the expert review comments. Evaluation experts have different views, it should be noted.
The provincial government public security fire control institutions shall submit the application materials public security fire control institutions in the expert review after five days written notice of the views of experts, at the same time reported that the Ministry of Public Fire Department record.
More than two thirds of the experts agree that the fire technology assessment program, the admissibility of fire safety design applications public security fire control institutions shall be issued qualified audit opinions fire protection design.
Diershitiao construction, design, construction units are not allowed to modify the audit by the public security fire control institutions qualified construction fire protection design. Do need to be modified, the construction unit shall submit the audit opinion issued by the public security fire protection design fire control institutions to re-apply for fire protection design review.
Twenty-one construction unit to apply for fire inspection shall provide the following materials:
（一）Construction of fire inspection declaration form;
?。ǘ㏄roject completion and acceptance of the report;
（三）Fire product quality certification documents;
?。ㄋ模㏕here are fire performance requirements of building components, building materials, interior decoration materials in line with national standards or industry standards documents, the factory certification;
?。ㄎ澹〧ire-fighting facilities, electrical fire detection qualified technical documents;
（六）Legal identity Construction, engineering supervision, testing and qualification level units prove documents;
?。ㄆ撸㎡ther materials required by law to provide.
Article 22 The date of the public security fire control institutions shall accept the application within 20 days fire inspection organizations fire inspection, fire inspection and issue opinions.
Article 23 The public security fire control institutions to declare the fire inspection of construction projects, construction of fire inspection shall be in accordance with the evaluation criteria already qualified fire safety design is organized fire inspection.
The conclusion of a comprehensive assessment is the qualified construction projects, public security fire control institutions shall issue a fire inspection qualified opinion; comprehensive assessment concluded that unqualified, it shall issue a fire inspection unqualified opinion, and explain the reasons.
Article 24 Fire design review by high-rise buildings, underground engineering, as well as new technologies, new processes, new materials, construction, public security fire control institutions should focus on the use of supervision and inspection, supervision and implementation of Construction unit construction and fire safety quality responsibility.
Chapter four Fire record checks design and final acceptance
The provisions of Article 25 other than Article 13, Article 14 of the construction project, the construction unit shall obtain construction permits, project completion date of the date of acceptance within seven days, the provincial public security organs through the fire site fire agencies design and final acceptance accepted fire system design, final acceptance, or submit a paper record table entry by the public security organs and fire protection design fire agencies receiving final acceptance system.
Article 26 public security fire control institutions receive fire protection design, final acceptance, shall issue a registration certificate, and through fire protection design and final acceptance checks accepted system preset program, random spot checks to determine the object; spot checks to construction units should receive the registration certificate from the five days of the date of filing the project in accordance with Article 15 of the present to provide materials or Article 21 of the public security fire control institutions.
Public security fire control institutions shall receive the fire protection design, the date of final acceptance materials within thirty days, to complete the drawing checks in accordance with fire regulations and national construction technical standards mandatory fire requirements or in accordance with the construction of fire inspection assessment criteria to complete the project inspection , production inspection records. Check the results should be accepted design and final acceptance announcement system in the fire.
Article 27 The public security fire control institutions found substandard fire protection design shall, within five business days written notice to correct the construction unit; construction has already begun, but ordered to stop construction.
Construction unit after receipt of the notification, should stop the construction, design organizations for fire evacuation modify public security fire control institutions review. After review, designed to comply with national fire protection engineering construction technical standards on fire mandatory requirements, the public security fire control institutions shall issue a written review comments, inform the construction unit resume construction.
Completion and acceptance checks when implementing Article 28 public security fire control institutions found to have violated fire regulations and national construction fire technical standards or reduce the mandatory requirements of the construction quality fire should be corrected within five days written notice of the construction unit.
Construction unit after receipt of the notification, you should stop using the organization to apply to the public security organs after rectification fire agencies review. After the review meet the requirements, the public security fire control institutions shall issue a written review comments, inform the construction unit to restore it.
Article 29 Fire design construction projects, completion and acceptance public security organs according to law not reported record fire agencies, public security fire control institutions shall be punished according to law, and ordered the construction unit filed within five days and included the scope of checks; for overdue record, public security fire control institutions shall, within five days inform the construction unit in the record date of expiry of the period, ordered to stop the construction and use.
Chapter five Law enforcement supervision
Article 30 The superior public security fire control institutions of public security fire control institutions subordinate fire supervision and management of construction supervision, inspection and guidance.
Article 31 The public security fire control agencies for construction of fire safety design, fire inspection, the implementation of the main contractor responsible for technical review, factual separation and collective triage and other systems.
Main contractors responsible for the implementation of public security fire control mechanism fire safety design, fire inspection, technical review and administrative examination and approval shall be responsible for the fire in accordance with the quality of law enforcement duties.
Article 32 The provincial public security fire control mechanism should be established on the Internet fire protection design and final acceptance accepted system, combined with the number of construction projects within the jurisdiction and fire protection design, construction quality, the unified design for fire control and final acceptance preset programs and sampling ratio, and for the record, the implementation of regular inspection checks. It has crowded places for the construction of the sampling ratio of not less than 50 percent.
Public security fire control institutions and personnel shall in accordance with the provisions of the construction project completion and acceptance of the design and implementation of fire protection record checks, checks will be allowed to determine the object.
Article 33 apply for fire safety design, fire inspection, public security fire control institutions staff record checks is a close relative of the applicant, the interested party, or with the applicant, interested parties have other relationships may affect handling and justice, It should be avoided.
Article 34 Public security fire control institutions receive citizens, legal persons and other organizations related to construction projects in violation of fire laws and regulations and national construction technical standards on fire reports, shall verify within three days of personnel, the verification process should promptly inform the whistleblower case .
Article 35 The public security fire control institutions implementing the construction project supervision and management of fire is prohibited, Fire Technology services, fire protection products set regional laws and regulations, access conditions outside.
Article 36 The public security fire control institutions and their staff shall not specify or disguised designated fire engineering construction design, construction, project supervision units and fire technical services. Fire protection products and supplies shall specify the brand and sales units. Shall not participate in or interfere construction of fire facilities construction, fire protection products and construction materials procurement bidding activities.
The implementation of Article 37 public security fire control institutions fire safety design, fire inspection and filing, checks shall not charge any fees.
According to an embodiment of the construction of fire supervision and management Article 38 public security fire control institutions, directory and application range of the model text of all the materials, conditions, procedures, duration and shall be submitted on the Internet site, receiving sites, office place .
Fire safety design, fire inspection, the result of record checks, except those involving state secrets, commercial secrets and personal privacy outside, it should be made public, the public right of access.
Article 39 of the fire safety design of qualified opinions, fire acceptance opinion one of the following circumstances permit issued by the public security organs opinions fire agencies or its superior public security fire control institutions, at the request of interested party or ex officio, according to law revocable license observations:
?。ㄒ唬㎡r do not have the eligibility of the applicant does not meet the statutory conditions made;
?。ǘ〤onstruction unit with fraud, bribery and other improper means to obtain the;
?。ㄈ㏄ublic security fire control institutions beyond the legal responsibilities and authorities made;
（四）Public security fire control institutions made violation of legal procedures;
?。ㄎ澹㏄ublic security fire control agency staff abuse of power, dereliction of duty made.
Revocation of qualified audit opinions fire design, fire acceptance opinion under the preceding paragraph, may cause significant harm to the public interest, not revoked.
Article 40 If a specific administrative act of citizens, legal persons and other organizations to public security fire control institution building fire supervision and management of the project made may appeal to the people's public security authorities to apply for administrative reconsideration.
Chapter Six legal liability
Violation of the provisions of Article 41, in accordance with the "People's Republic of China Fire Act" Article 58, Article 59, Article 65 second paragraph, Article 66, Article 69 shall be punished; constitutes a crime, be held criminally responsible.
Construction, design, construction, project supervision units, fire technical service institutions and their employees in violation of the relevant fire regulations, national construction fire protection technical standards, resulting in harmful consequences, in addition shall be given administrative punishment or be held criminally responsible, but also shall bear civil liability.
Article 42 The construction unit at the time of application for fire safety design, fire inspection, providing false materials, the public security fire control institutions shall not accept or not to license and impose a warning.
In violation of the provisions of Article 43 and promptly corrected, causing no harmful consequences, may be given to reduce or exempt from punishment.
Article 44 should be carried out according to law by the fire safety design of public security fire control institution-building project without the fire safety design and fire inspection, unauthorized use of inputs, respectively penalties executed concurrently.
Article 45 of the following circumstances, it shall be severely punished:
（一）Design review has been through the fire, without changing the fire protection design, reduce fire safety standards;
?。ǘ〤onstruction works have not be filed in accordance with law, and does not comply with national technical standards for construction of the mandatory requirements of the fire;
?。ㄈ㊣t ordered deadline after filing the record of overdue;
?。ㄋ模㏄roject supervision units and construction units or construction units collusion, fraud, reduce the construction quality of firefighting.
Article 46 of the following circumstances, the public security fire control institutions should be communicated to the same level of housing and urban construction administration department:
?。ㄒ唬〤onstruction by the public security fire control institutions ordered to stop construction, stop using;
?。ǘ〧ire protection engineering design through construction, completion and acceptance of checks failed;
?。ㄈ〤ommunicated to the other needs.
Staff of public security fire control institutions of Article 47 of dereliction of duty, abuse of power, corruption, constitutes a crime, be held criminally responsible. Of the following acts, does not constitute a crime, shall be punished in accordance with relevant provisions:
?。ㄒ唬〥oes not meet the statutory requirements fire safety design of construction projects issued qualified opinions, fire acceptance opinion;
?。ǘ〤onstruction project designed to meet the statutory requirements of the fire, fire inspection of the application inadmissible, audit, inspection or delay handled;
?。ㄈ〥esignated or disguised designated design units, construction units, project supervision units;
（四）Designated or disguised designated fire products brand, sales or technical services unit, fire facilities Construction units;
?。ㄎ澹︰sing his position to accept the unit or personal belongings.
Chapter Seven Supplementary Rules
Article 48 The State construction fire technical standards mandatory requirement refers to the construction regulations of the State Technical Standards on Fire must be strictly enforced.
"Three days" in the provisions of Article 49, the "5 days", "seven", "on the 20th," "the 30th" refers to working days.
Implementation of Article 50 of the present legal instruments needed to establish uniform pattern formulated by the Ministry of Public Security.
The provisions of Article 51 shall take effect May 1, 2009. October 16, 1996 release of "architecture engineering fire protection management requirements" (Ministry of Public Order No. 30) shall be repealed simultaneously.