Fire Protection Law of the People's Republic of China
(Adopted at the 2nd session of the Standing Committee of the Ninth National People's Congress on April 29, 1998; revised at the 5th session of the Standing Committee of the Eleventh National People's Congress on October 28, 2008; and amended in accordance with the Decision of the Standing Committee of the National People's Congress to Amend Eight Laws Including the Construction Law of the People's Republic of China at the 10th Session of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on April 23, 2019)
Chapter I General Provisions
Article 1 This Law is formulated for the purposes of preventing fire disasters, reducing fire damages, strengthen the emergency response and rescue work, protecting the human and property safety and maintaining the public safety.
Article 2 In the fire protection work, the policy of focusing on prevention and combining prevention with firefighting shall be observed, the principle of uniform governmental leadership, departmental supervision according to law, overall responsibilities of entities and active participation of citizens shall be followed, a safety accountability system for fire prevention shall be adopted, and a sound socialized fire protection network shall be established.
Article 3 The State Council shall lead the fire protection work throughout the country. The local people's governments at all levels shall be responsible for the fire protection work within their respective administrative areas.
The people's governments at all levels shall incorporate the fire protection work into the national economy and social development plans so as to ensure that the fire protection work be commensurate with the economic and social development.
Article 4 The emergency management authority of the State Council shall supervise and administer the fire protection work throughout the country. The emergency management authority of a local people's government at or above the county level shall supervise and administer the fire protection work within its administrative area, and the fire and rescue department of such a people's government shall be responsible for carrying out the fire protection work. The fire protection work of a military facility shall be supervised and administered by the competent authority of the facility, with the help of the fire and rescue department. The fire protection work of an underground mine, nuclear power plant or offshore oil and natural gas rig shall be supervised and administered by the competent authority of the mine, plant or rig.
Other departments of the people's government at or above the county level shall, within their respective functions, do a good job in the fire protection under this Law and other relevant laws and regulations.
If any law or administrative regulation provides otherwise for the forest or grassland fire protection, the provisions of that law or administrative regulation shall prevail.
Article 5 Any entity or individual shall have the obligation to maintain the fire safety, protect fire protection facilities, prevent fire disasters and report fire alarms. Any entity or adult shall have the obligation to participate in the organized firefighting work
Article 6 The people's governments at all levels shall organize regular activities on fire protection publicity and education to raise citizens' awareness of fire safety.
Organs, social groups, enterprises, public institutions and other entities shall intensify the fire protection publicity and education for their personnel.
The emergency management authorities and the fire and rescue departments thereof shall intensify the publicity of laws and regulations on fire protection, and urge, direct and help the relevant entities to do a good job in the fire protection publicity and education.
The competent administrative departments of education and human resources, schools, and relevant occupational training institutions shall incorporate the fire protection knowledge into the contents of education, teaching and training.
The press, radio, television and other relevant entities shall carry out fire protection publicity and education geared to the society.
Trade unions, communist youth leagues, women's federations and other groups shall organize the fire protection publicity and education by taking into consideration the characteristics of their respective objects of work.
The villagers' committees and residents' committees shall assist the people's governments, public security authorities, emergency management authorities and other departments in intensifying the fire protection publicity and education.
Article 7 The state shall encourage and support the scientific research and technical innovations on fire protection, popularize the use of advanced fire protection and emergency response and rescue technologies and equipment, and encourage and support the fire protection activities for public good conducted by social forces.
Entities and individuals having made great contributions to the fire protection work shall be commended and rewarded under the relevant provisions of the state.
Chapter II Prevention of Fire Disasters
Article 8 The people's governments at all levels shall integrate the fire protection plan into the urban and rural planning, including the fire safety layout, firehouses, firefighting water supply, firefighting communications, fire truck passages, fire equipment, etc., and be responsible for organizing the implementation of the plan.
If the urban and rural fire safety layout does not meet the fire safety requirements, it shall be adjusted and improved. If the public fire protection facilities and equipment are inadequate or do not meet the actual demands, efforts shall be made in the building, rebuilding, allocation or technological innovation thereof.
Article 9 The fire protection design or construction of a construction project must conform to the national fire protection technical standards for project construction. The employer, as well as the designing, construction, project supervision and other entities, shall be responsible for the quality of fire protection design and construction according to law.
Article 10 Construction projects of which the national fire protection technical standards for project construction require a fire protection design shall be governed by the fire protection design review and final inspection system for construction projects.
Article 11 For a special construction project as specified by the housing and urban-rural development authority under the State Council, the construction employer shall submit fire protection design documents to the housing and urban-rural development authority for review, and the housing and urban-rural development authority shall be responsible for review results according to the law.
For a construction project other than one specified in the preceding paragraph, the construction employer shall provide fire protection design drawings and technical information as needed for construction when applying for a construction license or approval of the construction commencement report.
Article 12 Where a special construction project fails to undergo or is nonconforming as established by the fire protection design review, neither the construction employer nor construction contractor shall commence construction; and for any other construction project, if the construction employer fails to provide fire protection design drawings or technical information as needed for construction, the relevant department shall neither issue a construction license nor approve the construction commencement report.
Article 13 Where the housing and urban-rural development authority under the State Council requires that an application for fire protection final inspection of an as-built construction project should be filed, a construction employer shall file such an application with the housing and urban-rural development authority.
For a construction project other than one specified in the preceding paragraph, the construction employer shall report for recordation to the housing and urban-rural development authority after final inspection, and the housing and urban-rural development authority shall conduct random inspection.
Where a construction project that is subject to fire protection final inspection according to the law fails or is nonconforming as established by the fire protection final inspection, it shall be prohibited from being put into use; and any other construction project that is nonconforming as established by random inspection conducted under the law shall cease to be used.
Article 14 Specific measures for fire protection design, fire protection final inspection, filing and random inspection of construction projects shall be developed by the housing and urban-rural development authority under the State Council.
Article 15 Before a public gathering place is put into use or opens for business, the employer or user entity shall apply to the fire and rescue department of the local people's government at or above the county level for a fire safety inspection.
The fire and rescue department shall, within 10 working days from the day of accepting the application, conduct a fire safety inspection of the said place under the provisions on fire protection technical standards and administration. The said place shall not be put into use or open for business if it has not undergone a fire safety inspection or does not conform to the fire safety requirements upon inspection.
Article 16 Organs, social groups, enterprises, public institutions and other entities shall perform the following fire safety duties:
1. to implement a fire safety accountability system, formulate the entity's fire safety bylaws and operating procedures for fire safety, and work out a firefighting and emergency evacuation preparedness plan;
2. to prepare fire protection facilities and apparatuses under the national standards and industrial standards, set up fire safety signs, and conduct regular testing and maintenance so as to ensure that they are in good condition and effective;
3. to make a thorough overhaul of the fire protection facilities in a building at least once a year so as to ensure that they are in good condition and effective, and archive complete and accurate overhaul records for future reference;
4. to ensure that the evacuation passages, safety exits and fire truck passages are clear and the fire and smoke compartmentation and fire separation distance meet the relevant fire protection technical standards;
5. to organize fire prevention inspections so as to eliminate potential fire risks;
6. to organize pertinent fire prevention drillings; and
7. to perform other fire safety duties as prescribed by laws and regulations.
The major person in charge of an entity shall be the person responsible for the entity's fire safety.
Article 17 The fire and rescue department of a local people's government at or above the county level shall determine the entities which have a higher risk of fire disaster and in which the occurrence of a fire disaster may result in serious casualties or property losses as the key fire safety entities within its administration area, and report the same via the emergency management authority to the people's government for archival purposes.
The key fire safety entities shall perform the following fire safety duties besides those as described in Article 16 of this Law:
1. to determine a fire safety manager who shall organize the fire safety management of this entity;
2. to maintain the fire protection archives, determine the key fire safety spots, set up fire prevention signs, and conduct strict management;
3. to exercise daily fire prevention patrol and maintain patrol records; and
4. to offer pre-job fire safety training for employees and organize regular fire safety training and fire protection drilling.
Article 18 For a same building managed or used by two or more entities, the fire safety responsibilities of each party shall be defined, and persons in charge shall be specified to manage the common evacuation passages, safety exits, fire protection facilities of the building and fire truck passages in a unified way.
The realty service enterprise for a residential area shall maintain and manage the common fire protection facilities in the management area, and provide fire safety and prevention services.
Article 19 In arrangement, a site for the production, storage or trade of dangerous articles such as flammables, and explosives shall not be in the same building as a residential site is, and shall keep a safe distance from a residential site.
If a site for the production, storage or trade of any other articles and a residential site are arranged in the same building, the national fire protection technical standards for project construction shall be satisfied.
Article 20 To hold a large-scale mass activity, the organizer shall apply to the public security organ for a safety permit, work out a firefighting and emergency evacuation preparedness plan, organize drillings, make a clear division of fire safety responsibilities, determine fire safety managers, keep the fire protection facilities and apparatuses complete, in good condition and effective, and ensure that the evacuation passages, safety exits, evacuation direction signs, emergency illuminations and fire truck passages conform to the provisions on fire protection technical standards and administration.
Article 21 It shall be forbidden to smoke or use naked fire at a place with a risk of fire disaster or explosion. If it is necessary to use naked fire in the construction or in any other special case, the relevant party shall go through the formalities for a prior approval and take corresponding fire safety measures according to the relevant provisions, and the operation staff shall abide by the fire safety provisions.
The personnel of electric welding, gas welding and other operations with a fire risk and the operation staff of the automatic fire protection system must assume their posts with corresponding qualification certificates and observe the operating procedures for fire safety.
Article 22 The establishment of factories, warehouses and special depots or docks for the production, storage and loading and unloading of such dangerous articles as flammables and explosives shall conform to the fire protection technical standards. The filling, supply and pressure regulating stations of flammable and explosive gas and liquid shall be set up at places meeting the fire safety requirements, and conform to the requirements for the prevention of fire and explosion.
Where an established factory, warehouse, or special depot or dock for the production, storage or loading and unloading of such dangerous articles as flammables and explosives or an established filling, supply or pressure regulating station of flammable and explosive gas or liquid does not conform to the provisions of the preceding paragraph any more, the local people's government shall organize and coordinate the relevant departments or entities to solve the nonconformity within a prescribed time limit so as to eliminate the potential safety risk.
Article 23 The provisions on fire protection technical standards and administration must be observed in the production, storage, transport, sale, use and disposal of such dangerous articles as flammables and explosives.
Anyone entering a site of production or storage of such dangerous articles as flammables and explosives must follow the fire safety provisions. It shall be forbidden to illegally carry such dangerous articles as flammables or explosives into a public place or the public transport.
The provisions on fire protection technical standards and administration must be followed in the management of warehouses for the storage of flammable materials.
Article 24 Fire protection products must conform to the national standards. If there are no national standards, the fire protection product must conform to the industrial standards. It is forbidden to produce, sell or use any unqualified fire protection product or any fire protection product which has been eliminated by the state in a public proclamation.
A fire protection product subject to the compulsory product certification may be produced, sold or used only after passing the certification conducted by a certification institution holding the statutory qualifications according to the compulsory requirements of the national standards and industrial standards. The catalogue of fire protection products subject to the compulsory product certification shall be formulated and published by the product quality supervision department of the State Council in conjunction with the emergency management authority of the State Council.
A newly developed fire protection product for which no national standards or industrial standards have been formulated may be produced, sold or used only after meeting the fire safety requirements upon a technical appraisal under the measures prescribed by the product quality supervision department of the State Council in conjunction with the emergency management authority of the State Council.
The fire protection products passing the compulsory product certification or technical appraisal under the provisions of this Article shall be published by the fire protection division of the emergency management authority of the State Council.
Article 25 The product quality supervision departments, administrative departments for industry and commerce, and fire and rescue departments shall, within their respective functions, strengthen the supervision and inspection of the quality of fire protection products.
Article 26 The fire resistance performance of building units, building materials and interior finishing and furnishing materials must conform to the national standards, or if there are no national standards, shall conform to the industrial standards.
Noncombustible or flame-retardant materials shall be used in the interior finishing and furnishing of a people-intensive site as required by the fire protection technical standards.
Article 27 The product standards for electrical appliances and gas utensils shall conform to the fire safety requirements.
The installation and use of electrical appliances and gas utensils and the design, laying, maintenance and testing of lines and pipes of electrical appliances and gas utensils must conform to the provisions on fire protection technical standards and administration.
Article 28 No entity or individual shall damage, misappropriate or illegally dismantle or stop the use of a fire protection facility or apparatus, bury, occupy or cover a fire hydrant, occupy any fire separation distance, or occupy, block or close an evacuation passage, safety exit or fire truck passage. No window of a people-intensive site shall have any barrier which may affect the people's fleeing to safety, fire fighting or rescue.
Article 29 An entity responsible for the maintenance management of public fire protection facilities shall keep the firefighting water supply, firefighting communications, fire truck passages and other public fire protection facilities complete, in good condition and effective. Where the fire brigade's firefighting and rescue activities may be affected when a road is being built or when the power or water supply or communication line is cut off, the relevant entity must give a prior notice to the local fire and rescue department.
Article 30 The local people's governments at all levels shall intensify the leadership over the rural fire protection work, take measures to intensify the construction of public fire protection facilities, and organize the establishment of and urge the implementation of the fire safety accountability system.
Article 31 During the agricultural harvest time, forest and grassland fire prevention periods, major festivals and holidays, and frequent fire disaster seasons, the local people's governments at all levels shall carry out pertinent fire protection publicity and education, take fire prevention measures and conduct fire safety inspections.
Article 32 The township (town) people's government or urban sub-district administrative office shall guide, support and assist the villagers' committees or residents' committees in carrying out the mass fire protection work. A villagers' committee or residents' committee shall determine the fire safety managers, organize the making of a fire safety convention, and conduct fire safety inspections.
Article 33 The state shall encourage and direct the public gathering places and enterprises engaged in the production, storage, transport and sale of such dangerous articles as flammables and explosives to take out the public liability insurance against fire disasters, and encourage insurance companies to underwrite the public liability insurance against fire disasters.
Article 34 Fire protection technical service institutions and practitioners engaged in the fire protection product quality certification, fire protection facility testing, fire safety monitoring, etc. shall have the corresponding qualifications or eligibilities according to law; and provide fire protection technical services upon entrustment and be responsible for the service quality according to the relevant laws, administrative regulations, national standards, industrial standards and practice guidelines.
Chapter III Fire Protection Organizations
Article 35 The people's governments at all levels shall strengthen the development of fire protection organizations, establish multiple types of fire protection organizations in light of the needs of economic and social development, strengthen the fostering of fire protection technical talents, and enhance the capabilities of fire prevention, fire fighting and emergency response and rescue.
Article 36 The local people's governments at and above the county level shall form national comprehensive fire and rescue departments or full-time fire brigades under the relevant provisions of the state, prepare fire protection equipment under the relevant national standards and shoulder the firefighting and rescue work in fire disasters.
The township (town) people's governments shall, in light of the needs of local economic development and fire protection work, form full-time fire brigades and volunteer fire brigades to undertake the firefighting and rescue work in fire disasters.
Article 37 The national comprehensive fire and rescue departments and full-time fire brigades shall, under the relevant provisions of the state, undertake the emergency response and rescue work in severe disasters and accidents and other emergency response and rescue work focusing on the saving of human lives.
Article 38 The national comprehensive fire and rescue departments and full-time fire brigades shall fully discharge their backbone functions as the professional forces of fire fighting and emergency response and rescue in fire disasters; and under the relevant provisions of the state, organize the professional skill training, and prepare and maintain the equipment and apparatuses, and improve their firefighting and emergency response and rescue capabilities in fire disasters.
Article 39 The following entities shall establish their own full-time fire brigades to undertake the firefighting work in their own entities:
1. large-scale nuclear facility entities, large-scale power plants, civil airports and main ports;
2. large-scale enterprises engaged in the production and storage of such dangerous articles as flammables and explosives;
3. large-scale warehouses and bases for the storage of important flammable materials;
4. large-scale enterprises with a higher risk of fire disasters and at a greater distance from the national comprehensive fire and rescue departments, other than those in subparagraphs 1, 2 and 3 of this Article; and
5. management entities of the ancient architectural complexes which are listed as key national cultural relic protection entities and at a greater distance from the national comprehensive fire and rescue departments.
Article 40 The formation of a full-time fire brigade shall conform to the relevant provisions of the state and be reported to the local fire and rescue department for an acceptance.
The members of a full-time fire brigade shall be entitled to the social insurance and welfare treatments according to law.
Article 41 Organs, social groups, enterprises, public institutions and other entities, as well as villagers' committees and residents' committees, shall, in light of relevant needs, establish multiple types of fire protection organizations such as volunteer brigades to carry out the mass self-protection and self-rescue work.
Article 42 The fire and rescue department shall provide guidance to the practices of full-time brigades, volunteer fire brigades and other fire protection organizations, and may, in light of the needs of fire fighting and rescue, mobilize and command the full-time brigades to participate in the firefighting and rescue work.
Chapter IV Fire Fighting and Rescue
Article 43 The local people's government at or above the county level shall, in light of the characteristics of fire disasters within its administration area, organize the relevant departments to work out an emergency response preparedness plan, establish an emergency response and disposal mechanism, and provide personnel, equipment and other safeguards for the firefighting and emergency response and rescue work.
Article 44 Whoever discovers a fire disaster shall report a fire alarm immediately. Any entity or individual shall provide conveniences free of charge for the reporting of a fire alarm, and no one shall obstruct the reporting of a fire alarm. It is strictly forbidden to report a false fire alarm.
Where a fire disaster occurs in a people-intensive site, the site personnel on the fire scene shall immediately organize and direct the evacuation of people on the fire scene.
Where a fire disaster occurs in any entity, the said entity must immediately organize the fire fighting and rescue. Neighboring entities shall assist it.
As soon as a fire brigade receives a firm alarm, it must rush to the scene of fire disaster, rescue the persons in danger, eliminate the danger, and extinguish the fire.
Article 45 The fire and rescue department shall, in a centralized manner, organize and command the fire fighting on the scene of a fire disaster, and shall give priority to safeguarding the life safety of the persons in danger.
The chief command on the scene of a fire disaster shall have the power to decide the following matters in light of the needs of fire fighting:
1. to use various water resources;
2. to cut off the supply of electric power, flammable gas and flammable liquid, and restrict the use of fire and electric power;
3. to mark the cordoned area and carry out local traffic control;
4. to make use of neighboring buildings and relevant facilities;
5. to dismantle, break or destroy the buildings, fixtures, facilities, etc. neighboring the fire scene so as to save persons and important materials and prevent the spread of fire; and
6. to mobilize the water supply, power supply, gas supply, communication, medical rescue, transport, environmental protection and other relevant entities to assist in the fire fighting and rescue.
As urgently needed by the fire fighting, the relevant local people's government shall organize persons and muster necessary materials to assist in the fire fighting.
Article 46 A national comprehensive fire and rescue departments or full-time fire brigades shall be under the uniform leadership of the people's government at or above the county level when participating in the emergency response and rescue in a severe disaster or accident other than a fire disaster.
Article 47 When a fire truck or fireboat rushes to perform a mission of fire fighting or emergency response and rescue, it is not subject to the restrictions on running speed, route and direction and traffic signals on the precondition of ensuring safety, and other vehicles, vessels and pedestrians shall yield the way and not intercept or overpass it; it shall be exempted from tolls for toll highways and bridges. Traffic control officers shall guarantee the rapid passage of fire trucks and boats.
The fire fighters rushing to the fire or emergency response and rescue scene and the mustered firefighting equipment and materials shall enjoy priority in transport if they need to be transported by railway, waterway or air.
Article 48 No fire truck, fireboat or fire apparatus, equipment or facility shall be used for any matter irrelevant to the fire protection or emergency response and rescue.
Article 49 No national comprehensive fire and rescue department or full-time fire brigade shall charge any fees for fire fighting or emergency response and rescue.
The people's government of the place where a fire disaster occurs shall compensate the full-time fire brigade of an entity or volunteer fire brigade, which participates in fighting a fire disaster of another entity, for the spent fuel, extinguishing agent and apparatus, equipment, etc.
Article 50 A person who is injured, disabled or dead because of participation in fighting a fire disaster or in the emergency response and rescue shall be entitled to medical treatment or comfort compensation under the relevant provisions of the state.
Article 51 The fire and rescue department may, when necessary, close the scene of a fire disaster so as to investigate the cause of fire and measure the fire losses.
After a fire disaster is extinguished, the entity in which the fire disaster occurs and the relevant personnel shall, under the requirements of the fire and rescue department, protect the scene, accept the accident investigation and faithfully furnish relevant information about the fire disaster.
The fire and rescue department shall, in light of the survey and investigation made on the scene of fire disaster and the relevant test and appraisal opinions, timely make a fire accident certificate as evidence for dealing with the fire accident.
Chapter V Supervision and Inspection
Article 52 The local people's government at every level shall implement a fire protection accountability system, and supervise and inspect the fulfillment of the fire safety duties by its relevant departments.
A relevant department of the local people's government at or above the county level shall, in light of its own characteristics, conduct pertinent fire safety inspections and timely urge the elimination of potential fire risks.
Article 53 The fire and rescue department shall supervise and inspect the compliance of organs, social groups, enterprises, public institutions and other entities with the laws and regulations on fire protection. A police station may be responsible for the routine fire protection supervision and inspection and carry out fire protection publicity and education, for which the concrete measures shall be formulated by the public security department of the State Council.
The personnel of the fire and rescue department shall show their certificates when conducting fire protection supervision and inspection.
Article 54 Where the fire and rescue department finds any potential fire risk during the fire protection supervision and inspection, it shall notify the relevant entity or individual to immediately take measures for eliminating the potential risk. If the public safety may be seriously endangered as a result of a failure to timely eliminate the potential risk, the fire and rescue department shall temporarily seal up the dangerous spot or site according to the relevant provisions.
Article 55 Where the fire and rescue department finds, during the fire protection supervision and inspection, that the urban and rural fire safety layout or a public fire protection facility does not conform to the fire safety requirements or that there is any serious potential fire risk in its area that may affect the public safety, it shall submit a written report via the emergency management authority to the people's government at the same level.
The people's government receiving the said report shall timely verify information, organize or order relevant department or entity to take measures for making a rectification.
Article 56 The housing and urban-rural development authorities, fire and rescue departments and their staff shall conduct fire protection design, fire protection final inspection, filing and random inspection, and fire safety inspection in accordance with statutory powers and procedures and be impartial, strict, disciplined and efficient.
The housing and urban-rural development authorities, fire and rescue departments and their staff shall, when conducting fire protection design, fire protection final inspection, filing and random inspection, fire safety inspection, or the like, neither charge money nor seek an advantage by taking advantage of positions; and shall not designate, either directly or in disguise, a brand or seller of fire protection products, fire protection technical service institution, fire protection facility construction contractor for users or construction employers by taking advantage of positions.
Article 57 The housing and urban-rural development authorities, fire and rescue departments and its personnel shall accept the supervision by the society and citizens when performing their duties.
Any entity or individual shall have the right to report or file charges on the violations committed by the housing and urban-rural development authorities, fire and rescue departments or any of the personnel thereof during the law enforcement. The organ receiving the report or charges shall timely investigate and deal with the same within its functions.
Chapter VI Legal Liabilities
Article 58 Where any of the following conduct is committed in violation of any provision of this Law, the housing and urban-rural development authority and the fire and rescue department shall, in accordance with their respective powers, order cessation of construction or use, or suspension of production or business, and impose a fine of not less than 30,000 yuan nor more than 300,000 yuan:
1. a construction project of which a fire protection design examination is required by the law fails, as legally required, or is nonconforming as established by such an examination, and construction is commenced without permission;
2. a construction project that is subject to fire protection final inspection according to the law fails, or is nonconforming as established by the fire protection final inspection and is put into use without permission;
3. any other construction project as described in Article 13 of this Law is nonconforming as established by random inspection conducted under the law upon final inspection and remains in use; or
4. a public gathering place fails fire safety inspection, or lacks conformity with fire protection requirements as found in the inspection, and is put into use or operation without permission;
If a construction employer fails to report to the housing and urban-rural development authority for recordation as required by this Law after final inspection, the housing and urban-rural development authority shall order the construction employer to take corrective action and impose a fine of not more than 5,000 yuan on it.
Article 59 For any of the following violations of this Law, the housing and urban-rural development authority shall order the taking of corrective action or cessation of construction, and be fined not less than 10, 000 yuan but not more than 100, 000 yuan:
1. The employer requires the architectural design entity or construction enterprise to make a design or construct the project by a lowered fire protection technical standard;
2. The architectural design entity fails to make the fire protection design under the compulsory requirements of the fire protection technical standards;
3. The construction enterprise fails to construct the project under the fire protection design documents and fire protection technical standards, lowering the quality of fire protection construction; or
4. The project supervisory entity, in collusion with the employer or construction enterprise, lowers the quality of fire protection construction by falsification.
Article 60 Where an entity commits any of the following violations of this Law, it shall be ordered to make a correction and be fined not less than 5, 000 yuan but not more than 50, 000 yuan:
1. Failing to prepare or set up fire protection facilities, apparatuses or fire safety signs conforming to the national standards or industrial standards, or failing to keep the same in good condition and effective;
2. Having damaged, misappropriated or illegally dismantled or stopped the use of any fire protection facility or apparatus;
3. Having occupied, blocked or closed any evacuation passage or safety exit, or having committed any other act that may obstruct the safe evacuation;
4. Burying, occupying or covering any fire hydrant or occupying any fire separation distance;
5. Occupying, blocking or closing any fire truck passage or obstructing the passage of a fire truck;
6. Setting any barrier on the window of a people-intensive site, which may affect the people's fleeing to safety and fire fighting and rescue; or
7. Failing to timely take measures to eliminate the potential fire risk notified by the fire and rescue department.
An individual who commits any of the violations as described in subparagraphs 2, 3, 4 and 5 of the preceding paragraph shall be given a warning or be fined not more than 500 yuan.
Whoever commits a violation as described in subparagraph 3, 4, 5 or 6 of paragraph 1 of this Article and refuses to make a correction after having been ordered to do so, the order shall be enforced, and the necessary expenses shall be paid by the violator.
Article 61 Where a site for the production, storage or trade of such dangerous articles as flammables or explosives is arranged in the same building as a residential site is or does not keep a safe distance from the residential site, the violator shall stop production and business operation and be fined not less than 5, 000 yuan but not more than 50, 000 yuan.
Where a site for the production, storage or trade of other articles is arranged in the same building as a residential site is, which violates the fire protection technical standards, the violator shall be punished according to the preceding paragraph.
Article 62 Whoever commits any of the following violations shall be punished in accordance with the Public Security Administrative Punishments Law of the People's Republic of China:
1. Producing, storing, transporting, selling, using or disposing of such dangerous articles as flammables or explosives in violation of the relevant provisions on fire protection technical standards and management provisions;
2. Illegally carrying such dangerous articles as flammables or explosives into a public place or the public transport;
3. Reporting a false fire alarm;
4. Obstructing a fire truck or fireboat from executing its mission; or
5. Obstructing the personnel of the fire and rescue department from performing their duties.
Article 63 Whoever commits any of the following violations of this Law shall be given a warning or be fined not more than 500 yuan; and if the case is serious, shall be detained for 5 days or less:
1. Entering a site of production or storage of such dangerous articles as flammables or explosives in violation of the fire safety provisions; or
2.Carrying out operations with naked fire, or smoking or using naked fire at a place with a risk of fire or explosion, in violation of the relevant provisions.
Article 64 Whoever commits any of the following violations of this Law, which, however, does not constitute a crime, shall be detained for not less than 10 days but not more than 15 days and may be fined not more than 500 yuan; if the case is minor, shall be given a warning or be fined not more than 500 yuan:
1. Instigating or forcing others to carry out risky operations in violation of the fire safety provisions;
2. Negligently causing a fire disaster;
3. Obstructing the reporting of a fire alarm or failing, as a person with a duty of reporting, to timely report a fire alarm, after the occurrence of a fire disaster;
4. Disrupting the order on the fire scene or refusing to obey the direction of the commander on the fire scene, which affects the fire fighting and rescue;
5. Intentionally destroying or fabricating a fire scene; or
6. Illegally unsealing or using the place or spot sealed up by the fire and rescue department.
Article 65 Whoever produces or sells any fire protection product that is unqualified or eliminated by the state in a public proclamation in violation of this Law shall be given a heavier punishment by the product quality supervision department or by the administrative department for industry and commerce in accordance with the Product Quality Law of the People's Republic of China.
Where a people-intensive site uses any fire protection product that is unqualified or eliminated by the state in a public proclamation, it shall be ordered to make a correction within a prescribed time limit; and if failing to make the correction within the prescribed time limit, it shall be fined not less than 5, 000 yuan or but not more than 50, 000 yuan and the directly liable person in charge and other directly liable persons shall be fined not less than 500 yuan but not more than 2, 000 yuan. If the case is serous, it shall be ordered to stop production and business operation.
For a case described in paragraph 2 of this Article, the fire and rescue department shall, besides punishing the user according to law, notify the product quality supervision department or the administrative department for industry and commerce of the found fire protection product that is unqualified or eliminated by the state in a public proclamation. The product quality supervision department or the administrative department for industry and commerce shall timely investigate and punish the producer and seller according to law.
Article 66 Where the installation or use of electrical appliances or gas utensils, or the design, laying, maintenance or test of lines and pipes of electrical appliances or gas utensils does not meet the relevant provisions on fire protection technical standards and administration, the violator shall be ordered to make a correction within a prescribed time limit. If failing to do so, the violator shall be ordered to stop using the aforesaid electrical appliances or gas utensils and may be fined not less than 1, 000 yuan but not more than 5, 000 yuan.
Article 67 Where an organ, social group, enterprise, public institution or any other entity violates Article 16, 17 or 18 or paragraph 2 of Article 21 of this Law, it shall be ordered to make a correction within a prescribed time limit. If it fails to do so, its directly liable person in charge and other directly liable persons shall be given a sanction or warning according to law.
Article 68 Where, after the occurrence of a fire disaster at a people-intensive site, any of the site personnel on the fire scene does not perform his duty of organizing or guiding the evacuation of the people on the fire scene, if the case is serious but does not constitute a crime, he shall be detained for not less than 5 days but not more than 10 days.
Article 69 Where a fire protection technical service institution engaged in the fire protection product quality certification, fire protection facility testing, etc. issues a false document, it shall be ordered to make a correction and be fined not less than 50, 000 yuan but not more than 100, 000 yuan, and its directly liable person in charge and other directly liable persons shall be fined not less than 10, 000 yuan but not more than 50, 000 yuan. If there are illegal gains, the illegal gains shall be confiscated. If any losses are caused to others, it shall be liable for compensation for such losses according to law. If the case is serious, the original licensing organ shall, according to law, order it to stop practice or revoke its corresponding qualification or eligibility.
Where an institution as mentioned in the preceding paragraph issues any inaccurate document causing any losses to others, it shall be liable for compensation for such losses according to law. If any heavy losses are caused, the original licensing organ shall order it to stop practice or revoke its corresponding qualification or eligibility.
Article 70 The administrative punishment as specified in this Law other than that which shall be decided by the public security authorities according to the relevant provisions of the Public Security Administration Punishments Law of the People's Republic of China shall be decided by housing and urban-rural development authorities and fire and rescue departments according to their respective powers.
If cessation of construction or use, or suspension of production or business, is ordered, a report shall, after corrective action, be made to the department or agency that makes the decision, and construction, use, production or business may be resumed only if conformity is established by inspection.
If a party fails to comply with a decision on cessation of construction or use, or suspension of production or business, within the specified time limit, the department or agency that makes the decision shall enforce it.
If an order to cease production or business has a relatively considerable effect on economic and social life, the housing and urban-rural development authority or the emergency management authority shall report to the people's government at the same level for a decision under the law.
Article 71 Where any of the personnel of the housing and urban-rural development authorities, fire and rescue departments commits any of the following acts of abuse of power, neglect of duty or practice of favoritism, which, however, does not constitute a crime, he shall be given a sanction according to law:
1. Allowing a fire protection design document, a construction project or a site which does not conform to the fire safety requirements to pass the fire protection design examination, fire protection as-built acceptance or fire safety inspection;
2. without any justifiable reason, delaying a fire protection design examination, a fire protection as-built acceptance or a fire safety inspection, or failing to perform his duties within the statutory time limit;
3. failing to timely notify the relevant entity or individual to make a rectification on a fire risk found;
4. designating a fire product brand, fire product sales entity, fire protection technical service institution or fire protection facility construction entity for a user or employer by taking advantage of his position, or doing so in a disguised form;
5. using any fire truck, fireboat, fire apparatus, fire equipment or fire facility for any matter irrelevant to fire protection and emergency response and rescue; or
6. any other act of abuse of power, neglect of duty or practice of favoritism.
Where any of the personnel of the administrative department for product quality supervision or industry and commerce abuses his power, neglects his duties or practices favoritism, which, however, does not constitute a crime, he shall be given a sanction.
Article 72 Whoever violates this Law shall be subject to the criminal liability if the violation constitutes a crime.
Chapter VII Supplementary Provisions
Article 73 Definitions for the purposes of this Law:
1. The term “fire protection facilities” refers to the automatic fire alarm system, automatic fire extinguishing system, fire hydrant system, smoke exhaust system, and emergency broadcasting, emergency illumination and safe evacuation facilities.
2. The term “fire protection product” refers to a product exclusively used for the fire prevention, fire fighting or rescue, fire protection, sheltering, or fleeing to safety.
3. The term “public gathering place” refers to a hotel, restaurant, shopping mall, market, waiting room of a passenger transport station, waiting room of a passenger transport dock, terminal of a civil airport, gym, stadium, auditorium, public amusement place, etc.
4. The term “people-intensive site” refers to a public gathering place, outpatient or ward building of a hospital, teaching building, library or collective dormitory of a school, nursing home, welfare institution, nursery, kindergarten, reading room of a public library, exhibition room of a public exhibition center or museum, production or processing workshop or collective employee dormitory of a labor-intensive enterprise, tourist place, religious activity venue, etc.
Article 74 This Law shall come into force as of May 1, 2009.
