Each province, autonomous region, and municipality directly under the central government's fire rescue brigade, as well as each forest fire brigade:
In order to strengthen the fire safety management of leased factories and warehouses and curb the occurrence of major fire accidents, the National Fire Rescue Bureau has formulated the "Fire Safety Management Measures for Leased Factories and Warehouses (Trial)", which was approved at the 5th executive meeting of the National Fire Rescue Bureau on July 10, 2023. It is hereby issued to you and shall come into effect from the date of publication.
National Fire and Rescue Bureau
July 14, 2023
Firefighting [2023] No. 72
Fire Safety Management Measures for Leased Factory Buildings and Warehouses (Trial)
Chapter 1 General Provisions
Article 1: In order to strengthen the fire safety management of leased factories and warehouses, prevent and reduce fire hazards, this method is formulated in accordance with laws, regulations, and rules such as the Fire Protection Law of the People's Republic of China, the Warehouse Fire Safety Management Rules, and the Regulations on Fire Safety Management of Government Agencies, Organizations, Enterprises, and Institutions.
Article 2: These measures apply to the fire safety management of leased factories and warehouses.
The fire safety requirements for factories and warehouses that produce and store gunpowder, explosives, pyrotechnic products, fireworks and firecrackers shall be implemented in accordance with relevant national regulations.
Article 3: Leased factories and warehouses shall comply with fire safety requirements and shall not alter the nature or function of their use in violation of regulations.
Article 4: The lessor, lessee, and property service enterprise of leased factories and warehouses shall fulfill their fire safety responsibilities and strengthen fire safety management in accordance with fire laws, regulations, rules, and these Measures.
Chapter 2 Fire Safety Responsibilities
Article 5: The lessor and lessee of leased factories and warehouses are the main responsible parties for fire safety and are responsible for the fire safety of the factories and warehouses. The lessor and lessee are units, and their main responsible person is the fire safety officer of the leased factory and warehouse of the unit.
Article 6: Leased factories and warehouses shall implement a hierarchical fire safety responsibility system and a post fire safety responsibility system, clarify the fire safety responsibilities of each level and post, and determine the fire safety responsible personnel for each level and post.
Article 7: The lessor and lessee of leased factories and warehouses shall clearly define their respective fire safety responsibilities in writing; If not explicitly stated in writing, the lessor is responsible for the unified management of shared evacuation routes, safety exits, building fire-fighting facilities, and fire truck access routes, while the lessee is responsible for the fire safety of the leased factory and warehouse.
If there are two or more lessors or lessees using the same factory or warehouse, the property service enterprise shall be entrusted, or a lessor or lessee shall be designated to be responsible for unified management, and the fire safety responsibilities of the lessor, lessee, and property service enterprise shall be clearly defined in writing.
Article 8: If the lessee subleases all or part of the leased factory building or warehouse to a sub lessee, they shall obtain the consent of the lessor and clarify in writing the fire safety responsibilities of the lessor, lessee, and sub lessee.
Article 9: The lessor and lessee shall ensure the necessary funding for fire safety in the leased factory and warehouse, and shall be responsible for the consequences of insufficient funding for fire safety.
Article 10: The lessor or lessee of leased factory buildings or warehouses may entrust professional service units such as property service enterprises or fire safety technical service institutions to provide fire safety services, and specify the specific content of fire safety services in the service contract.
Article 11: The lessor of leased factories and warehouses shall fulfill the following fire safety responsibilities:
（1） Provide factories and warehouses that meet fire safety requirements;
（2） Notify the lessee and property service company in advance of the relevant fire safety requirements;
（3） Regularly understand the fire safety situation of leased factories and warehouses, and promptly prevent tenants and property service enterprises from endangering fire safety;
（4） Urge tenants and property service enterprises to strengthen fire safety management and promptly rectify fire hazards;
（5） Timely convey the fire safety requirements of relevant administrative authorities to tenants and property service enterprises.
The lessor shall be responsible for the maintenance of fire-fighting facilities in the leased factory and warehouse, unless otherwise agreed.
Article 12: The lessee of a leased factory or warehouse shall fulfill the following fire safety responsibilities:
（1） Implement the fire safety responsibility system, formulate fire safety regulations and operating procedures;
（2） Ensure smooth evacuation routes, safety exits, and fire truck access, and ensure that fire and smoke prevention zones and fire separation distances are not damaged or occupied;
（3） Regularly conduct fire inspections and checks to promptly eliminate fire hazards;
（4） Carry out regular fire safety publicity and education;
（5） Develop fire extinguishing and emergency evacuation plans, and organize targeted fire drills;
（6） Maintain and upkeep fire-fighting facilities and equipment.
Article 13: If the lessor or lessee of a leased factory or warehouse entrusts a property service enterprise to implement fire safety management, the property service enterprise shall clarify in writing with the lessor or lessee the responsibility for the maintenance and upkeep of shared fire protection facilities and equipment, and fulfill the fire safety responsibilities in accordance with the agreement.
Property service enterprises shall promptly take reasonable measures to stop any violations of fire laws, regulations, and rules, report to relevant administrative authorities, and assist in handling them.
Article 14: If the lessor, lessee, or property service enterprise discovers that a contracting party has violated fire safety laws, regulations, or rules and refuses to correct them, they may terminate the contract in accordance with legal provisions or contractual agreements.
Chapter 3 Fire Safety Management
Article 15: Before renting out, the lessor shall understand the fire hazard category of the goods produced and stored by the lessee.
The fire hazard of the lessee's production and storage of goods shall be consistent with the fire safety protection level of the leased factory building and warehouse.
Article 16: The lessee shall truthfully provide the lessor and property service enterprise with information on the fire hazard category, main process steps, and names, fire hazard categories, quantities, and other information of the stored items produced by the lessee.
Article 17: The establishment of offices and rest rooms in leased factories and warehouses shall comply with the national engineering construction fire protection technical standards. It is strictly prohibited to set up employee dormitories in leased factories and warehouses.
Article 18: If the lessee needs to change the nature and function of the use of the factory or warehouse, they shall obtain the consent of the lessor in writing; If approval is required by law, it shall be reported to the relevant administrative department for approval.
Article 19: If Class A and Class B factories and warehouses storing Class A, B, and C goods are rented out, the lessee shall not change the layout of the factory and warehouse, the fire hazard category of the factory production, the fire hazard category of the stored goods in the warehouse, and the approved maximum storage capacity without authorization. If it is necessary to make changes, the consent of the lessor shall be obtained in writing; If approval is required by law, it shall be reported to the relevant administrative department for approval.
Article 20: If the lessor discovers that the lessee has changed the fire hazard category of the production and storage items without authorization, resulting in the leased factory building or warehouse not meeting the national engineering construction fire safety technical standards, it shall be stopped; If the prevention is ineffective, it shall be reported to the relevant administrative department in charge.
Article 21: The intermediate warehouse in the leased factory building and the Class A and Class B items, general items, and items that are prone to chemical reactions or different fire extinguishing methods in the leased warehouse must be stored in separate rooms and warehouses, and the names, properties, and fire extinguishing methods of the stored items must be prominently marked.
Article 22: If there are two or more lessors or lessees using the same factory or warehouse, the overall layout, fire separation, safety evacuation, decoration, and fire protection facilities of the entire and their respective parts shall comply with the national engineering construction fire protection technical standards.
If there are sorting, processing, packaging and other operations in leased factories and warehouses, fire separation measures that comply with regulations shall be adopted, and the number and width of evacuation routes and safety exits shall not be reduced.
It is strictly prohibited to use flammable and combustible materials to separate leased factories and warehouses.
Article 23: If there are two or more lessors or lessees using the same factory building or warehouse, all parties shall establish a fire safety cooperation mechanism, jointly formulate fire safety conventions, carry out joint fire safety inspections, fire safety publicity and education, and fire drills, hold regular meetings, and promote the resolution of major fire safety issues.
Article 24: The fire-fighting facilities and equipment of leased factories and warehouses shall be managed by dedicated personnel responsible for inspection, maintenance, upkeep, and replacement, ensuring their integrity and effectiveness. They shall not be damaged, misappropriated, or dismantled or stopped without authorization. When fire-fighting facilities need to be decommissioned due to renovation or maintenance, the lessor, lessee, and property service enterprise shall take corresponding measures and make a prominent announcement in the building.
For leased factories and warehouses with fire control rooms, the fire safety responsible person or fire safety manager shall inspect whether the operators of the automatic fire protection system are legally certified and on duty. The daily management of the fire control room shall be jointly agreed upon by the lessor and lessee to designate a dedicated person to be responsible for it.
Article 25: Leased factories and warehouses shall establish a fire safety management system, implement strict fire safety management for the use of open flames, and shall not use open flames in places with fire or explosion hazards.
Rental factories and warehouses shall not illegally produce or store flammable and explosive dangerous goods.
Labor intensive production and processing workshops set up in leased factories are prohibited from conducting hot work during the production and processing period.
Open flames are strictly prohibited in the leased warehouse; It is strictly prohibited to set off fireworks and firecrackers in the warehouse and within a radius of 50 meters.
Article 26: If leased factory buildings or warehouses require welding, gas welding, or other fire hazardous operations due to production processes, renovation, or other special circumstances, the hot work department and personnel shall handle the approval procedures in advance in accordance with the fire safety management system. The approval procedures for hot work shall be approved by the person in charge of fire safety or the fire safety manager, and corresponding fire safety measures shall be implemented. Hot work construction can only be carried out after confirming that there is no fire or explosion hazard. The approval procedures for hot work shall specify the location, time, hot work operator, on-site supervisor, approver, and fire safety measures.
For operations involving fire hazards such as electric welding and gas welding, the fire safety responsible person or fire safety management personnel shall inspect whether the personnel involved in such operations are legally certified and on duty.
Article 27: Leased factories and warehouses shall establish an electrical safety management system. The installation, use, wiring, maintenance, and testing of electrical products must comply with fire safety technical standards and management regulations.
It is strictly prohibited to charge electric bicycles and electric drive vehicles in leased factories and warehouses.
Article 28: For leased factories and warehouses that use fuel and gas equipment, a fuel and gas safety management system shall be established, emergency response plans for fuel and gas accidents shall be formulated, and fuel and gas safety signs shall be prominently displayed; The laying of fuel and gas pipelines, installation of fuel and gas equipment, and installation of fire and explosion prevention facilities must comply with fire safety technical standards and management regulations.
Article 29 Before carrying out construction operations on the leased factory building or warehouse, the lessee shall inquire with the lessor about the surrounding facilities, concealed works, flammable and explosive dangerous goods, etc. that may cause fire accidents. The lessor shall conduct fire safety technical disclosure and truthfully explain the relevant situation.
Article 30: Cold storage facilities in leased factories and warehouses shall be constructed by units with corresponding engineering design and construction qualifications. The combustion performance of insulation materials, fire separation, safe evacuation, setting of fire-fighting facilities, safety protection of refrigeration rooms, and laying of electrical circuits shall comply with national engineering construction fire protection technical standards.
It is strictly prohibited to use flammable and combustible insulation materials in cold storage, and it is strictly prohibited to privately install and connect electrical circuits.
Article 31: Leased factories and warehouses shall establish various forms of fire organizations such as full-time fire brigades and volunteer fire brigades in accordance with regulations or as needed, equipped with fire equipment and devices, formulate fire extinguishing and emergency evacuation plans, regularly organize fire drills, and strengthen joint logistics and coordination.
After a fire occurs, all parties should immediately report to the police, organize initial fire fighting, guide personnel evacuation, and do a good job in emergency response.
Chapter 4 Rectification of Fire Hazards
Article 32: Tenants and property service enterprises shall immediately take measures to rectify fire hazards discovered during fire inspections, checks, and fire supervision and inspection by fire rescue agencies; If it cannot be rectified in a timely manner, necessary preventive measures should be taken; Fire hazards that fall within the management responsibility of the lessor shall be notified in writing to the lessor for rectification.
If the lessor discovers a fire hazard, they shall notify the lessee and property service enterprise in writing to carry out rectification, and track and implement the rectification situation.
Article 33: The rectification of fire hazards in leased factories and warehouses shall comply with the following requirements:
（1） Immediate correction of fire hazards discovered. If immediate correction is not possible, report to the fire safety responsible person or fire safety manager in a timely manner;
（2） The fire safety responsible person or fire safety manager shall organize the identification of reported fire hazards, track and supervise the rectification situation, and confirm the completion of rectification;
（3） Clarify the responsible department, person, deadline, and required funding sources for the rectification of fire hazards;
（4） During the rectification of fire hazards, take corresponding preventive measures to ensure fire safety;
（5） Before the fire hazard is eliminated, if fire safety cannot be ensured and a fire may occur at any time, the dangerous area shall be automatically stopped from use;
（6） Fire hazards ordered to be corrected by fire rescue agencies shall be rectified within the prescribed time limit.
Article 34: Those who violate these Measures and should be subject to administrative penalties according to law shall be punished in accordance with relevant laws, regulations, and rules; Those who commit crimes shall be held criminally responsible in accordance with the law.
Chapter 5 Supplementary Provisions
Article 35: The meanings of the following terms in these Measures:
（1） Leasing factories and warehouses refers to leasing industrial buildings used for production and storage of goods;
（2） The lessor refers to the owner of the leased factory building or warehouse, including both units and individuals;
（3） The lessee refers to the holder of the right to use the leased factory building or warehouse, including both units and individuals.
Article 36: The fire safety management of leased open-air production sites, warehouses, and freight yards may be implemented in accordance with these measures.
Article 37: Fire and rescue institutions in various provinces, autonomous regions, and municipalities directly under the Central Government may formulate implementation rules in accordance with these Measures and based on actual conditions.
Article 38: These Measures shall come into effect from the date of their promulgation.
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