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  • Where is the latest revision of the fire protection law?

    Upload time:2021/4/28 9:02:06         Number of visits:265

    The fire protection law of the people's Republic of China was amended by the 28th meeting of the Standing Committee of the 13th National People's Congress of the people's Republic of China on April 292021, and issued by order 81 of the president.

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    The latest amendment of the fire protection law of the people's Republic of China

    (1) Article 15 is revised to read: "the public gathering place is put into use, and the fire safety inspection before business shall be subject to the management of notification commitment. Before the public gathering place is put into use or business operation, the construction unit or user shall apply to the fire rescue institution of the local people's government at or above the county level where the place is located for fire safety inspection, make the commitment that the place meets the fire technical standards and management regulations, submit the prescribed materials, and be responsible for the authenticity of the promises and materials.

    "The fire rescue agency shall review the materials submitted by the applicant; If the application materials are complete and conform to the legal form, permission shall be granted. Fire rescue agencies shall, in accordance with the technical standards and management regulations for fire control, timely check the public gathering places that make commitments.

    "If the applicant chooses not to handle the application by informing and promising, the fire rescue institution shall inspect the site within ten working days from the date of acceptance of the application and in accordance with the technical standards and management regulations for fire control. If the fire safety requirements are met after inspection, permission shall be given.

    "Public gathering places shall not be put into use or business without the permission of fire rescue agencies. The specific measures for fire safety inspection shall be formulated by the emergency management department under the State Council. "

    (2) Article 34 is amended as follows: "fire technical service institutions such as maintenance and inspection of fire fighting facilities and fire safety assessment shall meet the working conditions, and the practitioners shall obtain corresponding qualifications according to law; In accordance with laws, administrative regulations, national standards, industry standards and practice standards, they are entrusted to provide fire technical services and be responsible for the quality of services. "

    (3) The fourth paragraph of Article 58, paragraph 1, is amended to read: "4) the public gathering place is put into use or business without the permission of the fire rescue agency, or the use and business conditions of the public gathering place are inconsistent with the content of the Commitment upon verification.".

    Add a paragraph as the second paragraph: "if the use and business conditions of public gathering places are found to be inconsistent with the content of the commitment, if the rectification is ordered to be made within a time limit, if the rectification fails to meet the requirements within the time limit or the requirements are still not met after the rectification, the corresponding permission shall be revoked according to law."

    (4) Article 69 is amended as: "if the fire technical service institutions such as maintenance and maintenance inspection of fire fighting facilities and fire safety assessment do not meet the working conditions to engage in fire technical service activities or issue false documents, the fire rescue institution shall order it to correct and be fined not less than 50000 yuan but not more than 100000 yuan, And the person in charge and other persons directly responsible shall be fined not less than 10000 yuan but not more than 50000 yuan; If the fire technical service activities are not carried out in accordance with the national standards and industry standards, they shall be ordered to make corrections, and a fine of not more than 50000 yuan shall be imposed, and the persons in charge and other persons directly responsible shall be fined not more than 10000 yuan; If there is any illegal income, it shall also be confiscated; If losses are caused to others, they shall bear the liability for compensation according to law; If the circumstances are serious, it shall be ordered to stop practicing or revoke the corresponding qualifications according to law; If significant losses are caused, the relevant departments shall revoke their business license and take life-long market ban measures for the persons in charge.

    "If the institution prescribed in the preceding paragraph issues the untrue documents and causes losses to others, it shall bear the liability for compensation according to law; If significant losses are caused, the fire rescue institution shall order the fire rescue institution to stop practicing or revoke its corresponding qualifications according to law, the relevant departments shall revoke its business license, and take lifelong market ban measures for the persons in charge. "

    (the above comes from the website of the National People's Congress)

    Interpretation of the new amendment:

    1. Units can choose two approval methods before putting into use in public gathering places and before business. One is the system of informing commitment, that is, after the unit undertakes as required, the fire rescue agency will approve the materials after reviewing the materials, and then check it; If the unit does not choose to inform the commitment method, after submitting the application materials, the fire rescue agency shall inspect and give permission within the prescribed period. The amendment of this article is mainly based on the requirements of the State Council's discharge service, and provides optional convenience for the unit.

    2. The qualification approval of fire technical service organization was cancelled and the qualification was changed to meet the working conditions. The quality certification of fire products was cancelled, and the "fire facilities detection and fire safety monitoring" was changed to "maintenance and maintenance inspection and fire safety assessment of fire protection facilities", and the qualification approval requirements were cancelled, and the requirements of qualification approval were cancelled to meet the working conditions. The modification of this article is based on the location and service content change of the pipe laying off service and fire fighting technical service organization.

    3. The punishment for unqualified inspection is increased after the public gathering place is informed of the promise permission. While providing services to public gathering places, the law enforcement is also more strict. If the inspection finds that the service does not conform to the commitment, it shall be punished (if the business is suspended, a fine of 30000-300000 will be imposed); At the same time, it shall be ordered to make corrections within a time limit, and if it fails to make corrections within the time limit, the permit shall be revoked.

    4. The punishment for the fire technical service institutions not meeting the working conditions has been increased, and the punishment for the technical service institutions for failing to carry out technical services according to the standards has been increased. Because the qualification examination and approval of fire technical service institutions has been cancelled, those who do not meet the working conditions will be ordered to correct and be fined; Meanwhile, the punishment for non-compliance with the standard service has been increased (order to correct, impose a fine of less than 50000 to the technical service institution and a fine of less than 10000 to the responsible person).

    In addition, this article specifies that the technical service institutions shall be supervised by the "fire rescue agencies", and that if the technical service institutions issue false documents, causing significant losses, the punishment of "Revoking Business License and prohibiting the persons in charge of the service for life" is added.

    Comparison of the legal provisions before amendment:

    Article 15 before the public gathering place is put into use or business operation, the construction unit or the user shall apply to the fire rescue institution of the local people's government at or above the county level where the place is located for fire safety inspection.

    The fire rescue institution shall, within ten working days from the date of accepting the application, conduct fire safety inspection on the site in accordance with the technical standards and management provisions for fire control. If the fire safety inspection is not carried out or the requirements for fire safety are not met, it shall not be put into use or business.

    Article 34 fire protection technical service institutions and practitioners such as fire product quality certification, fire protection facilities testing and fire safety monitoring shall obtain corresponding qualifications and qualifications according to law; Accept the entrustment to provide fire technical services and be responsible for the quality of the services in accordance with laws, administrative regulations, national standards, industry standards and practice standards.

    Article 58 If any of the following acts is committed in violation of the provisions of this law, the competent department for housing and urban rural construction and the fire rescue institution shall, in accordance with their respective functions and powers, order the construction to be stopped, stopped using or suspend production and business operation, and shall also be fined not less than 30000 yuan but not more than 300000 yuan:

    (4) The public gathering place is put into use or business without fire safety inspection or if it fails to meet the requirements of fire safety.

    Article 69 If any fire technical service institution, such as fire product quality certification, fire protection facilities testing, issues false documents, it shall be ordered to correct, and shall be fined not less than 50000 yuan but not more than 100000 yuan, and the persons in charge directly in charge and other persons directly responsible shall be fined not less than 10000 yuan but not more than 50000 yuan; If there is any illegal income, it shall also be confiscated; If losses are caused to others, they shall bear the liability for compensation according to law; If the circumstances are serious, the original licensing authority shall order it to stop practicing or revoke its corresponding qualifications and qualifications according to law.

    If the institution prescribed in the preceding paragraph issues the untrue documents and causes losses to others, it shall bear the liability for compensation according to law; If significant losses are caused, the original licensing authority shall order the suspension of practice or the corresponding qualifications and qualifications shall be revoked.


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