(Passed at the Second Meeting of the Standing Committee of the Ninth National People's Congress on April 29, 1998, revised at the Fifth Meeting of the Standing Committee of the Eleventh National People's Congress on October 28, 2008. First revised according to the Decision on Amending Eight Laws including the Construction Law of the People's Republic of China at the Tenth Meeting of the Standing Committee of the Thirteenth National People's Congress on April 23, 2019. Second revised according to the Decision on Amending Eight Laws including the Road Traffic Safety Law of the People's Republic of China at the 28th Meeting of the Standing Committee of the Thirteenth National People's Congress on April 29, 2021)
Catalog
Chapter 1 General Provisions
Chapter 2 Fire Prevention
Chapter 3 Fire Protection Organization
Chapter 4 Fire Fighting and Rescue
Chapter 5 Supervision and Inspection
Chapter 6 Legal Liability
Chapter 7 Supplementary Provisions
Chapter 1 General Provisions
Article 1: In order to prevent fires and reduce fire hazards, strengthen emergency rescue work, protect personal and property safety, and maintain public safety, this Law is formulated.
Article 2: The fire protection work shall implement the principle of prevention first and combining prevention and firefighting. In accordance with the principles of unified government leadership, legal supervision by departments, comprehensive responsibility by units, and active participation by citizens, a fire safety responsibility system shall be implemented, and a sound socialized fire protection work network shall be established.
Article 3: The State Council shall lead the national fire protection work. Local governments at all levels are responsible for fire protection work within their administrative regions. Governments at all levels should incorporate fire protection work into the national economic and social development plan, ensuring that fire protection work is in line with economic and social development.
Article 4: The emergency management department of the State Council shall supervise and manage the fire protection work throughout the country. The emergency management department of the local people's government at or above the county level shall supervise and manage the fire protection work within its administrative area, and the fire rescue agency of the local people's government shall be responsible for implementing it. The fire protection work of military facilities shall be supervised and managed by their competent units, with the assistance of fire rescue agencies; The fire protection work of underground parts of mines, nuclear power plants, and offshore oil and gas facilities shall be supervised and managed by their competent units. Other relevant departments of the people's governments at or above the county level shall, within their respective responsibilities, carry out fire prevention work in accordance with the provisions of this Law and other relevant laws and regulations.
If laws and administrative regulations have other provisions on fire protection work in forests and grasslands, those provisions shall prevail.
Article 5: All units and individuals have the obligation to maintain fire safety, protect fire-fighting facilities, prevent fires, and report fire alarms. Any organization or adult has the obligation to participate in organized firefighting work.
Article 6: People's governments at all levels shall organize regular fire safety publicity and education to enhance citizens' awareness of fire safety. Government agencies, organizations, enterprises, institutions and other units should strengthen fire safety publicity and education for their personnel. Emergency management departments and fire rescue agencies should strengthen the publicity of fire laws and regulations, and supervise, guide, and assist relevant units in carrying out fire safety publicity and education work. Education, human resources administrative departments, schools, and relevant vocational training institutions should incorporate fire safety knowledge into the content of education, teaching, and training. News, radio, television and other relevant units should carry out targeted fire safety publicity and education to the society. Trade unions, Communist Youth League, Women's Federation and other organizations should organize fire safety propaganda and education based on the characteristics of their respective work targets. Villagers' committees and residents' committees should assist the people's government, public security organs, emergency management and other departments in strengthening fire safety publicity and education.
Article 7: The state encourages and supports scientific research and technological innovation in fire protection, and promotes the use of advanced fire protection and emergency rescue technologies and equipment; Encourage and support social forces to carry out fire safety public welfare activities. Units and individuals who have made outstanding contributions in fire protection work shall be commended and rewarded in accordance with relevant national regulations.
Chapter 2 Fire Prevention
Article 8 Local people's governments at all levels shall incorporate fire safety planning, including fire safety layout, fire stations, fire water supply, fire communication, fire truck access, fire equipment, etc., into urban and rural planning, and be responsible for organizing and implementing it. If the layout of urban and rural fire safety does not meet the requirements of fire safety, it should be adjusted and improved; If public fire-fighting facilities and equipment are insufficient or not suitable for actual needs, they should be added, renovated, equipped, or technologically transformed.
Article 9: The fire protection design and construction of construction projects must comply with the national fire protection technical standards for engineering construction. Construction, design, construction, and engineering supervision units are responsible for the fire protection design and construction quality of construction projects in accordance with the law.
Article 10: For construction projects that require fire protection design in accordance with national engineering construction fire protection technical standards, a construction project fire protection design review and acceptance system shall be implemented.
Article 11: For special construction projects designated by the competent department of housing and urban-rural development of the State Council, the construction unit shall submit the fire protection design documents to the competent department of housing and urban-rural development for review, and the competent department of housing and urban-rural development shall be responsible for the results of the review in accordance with the law.
For construction projects other than those specified in the preceding paragraph, the construction unit shall provide fire protection design drawings and technical information that meet the construction needs when applying for a construction permit or applying for approval of the commencement report.
Article 12: Special construction projects that have not undergone fire protection design review or have failed the review shall not be constructed by the construction unit or the construction unit; For other construction projects, if the construction unit fails to provide fire protection design drawings and technical information that meet the construction needs, the relevant departments shall not issue construction permits or approve the commencement report.
Article 13: When a construction project that is required to apply for fire safety acceptance by the competent department of housing and urban-rural development of the State Council is completed, the construction unit shall apply for fire safety acceptance to the competent department of housing and urban-rural development.
For construction projects other than those specified in the preceding paragraph, the construction unit shall report to the competent department of housing and urban-rural development for filing after acceptance, and the competent department of housing and urban-rural development shall conduct spot checks.
Construction projects that are required by law to undergo fire safety inspections are prohibited from being put into use if they have not undergone fire safety inspections or have failed fire safety inspections; Other construction projects that fail to pass the random inspection in accordance with the law shall be suspended from use.
Article 14 The specific measures for the review, acceptance, filing, and spot check of fire protection design for construction projects shall be formulated by the competent department of housing and urban-rural development of the State Council.
Article 15: Public gathering places shall be subject to notification and commitment management for fire safety inspections before being put into use or opened for business. Before public gathering places are put into use or operate, the construction unit or user unit shall apply for fire safety inspection to the fire rescue agency of the local people's government at or above the county level where the place is located, make a commitment that the place complies with fire safety technical standards and management regulations, submit the required materials, and be responsible for the authenticity of the commitment and materials.
The fire rescue agency reviews the materials submitted by the applicant; If the application materials are complete and in compliance with the legal form, permission should be granted. Fire rescue agencies should promptly verify public gathering places that have made commitments in accordance with fire safety technical standards and management regulations.
If the applicant chooses not to handle the application through notification and commitment, the fire rescue agency shall inspect the site within ten working days from the date of acceptance of the application in accordance with fire technical standards and management regulations. If it meets the fire safety requirements after inspection, permission should be granted.
Public gathering places shall not be put into use or operated without the permission of fire rescue agencies. The specific measures for fire safety inspections shall be formulated by the emergency management department of the State Council.
Article 16: Government agencies, organizations, enterprises, institutions and other units shall fulfill the following fire safety responsibilities:
(1) Implement the fire safety responsibility system, formulate fire safety regulations and operating procedures for the unit, and develop fire extinguishing and emergency evacuation plans;
(2) Configure fire-fighting facilities and equipment in accordance with national and industry standards, set up fire safety signs, and regularly organize inspections and maintenance to ensure their integrity and effectiveness;
(3) Conduct a comprehensive inspection of building fire protection facilities at least once a year to ensure their integrity and effectiveness. The inspection records should be complete, accurate, and archived for future reference;
(4) Ensure smooth evacuation routes, safety exits, and fire truck access routes, and ensure that fire and smoke prevention zones and fire separation distances comply with fire safety technical standards;
(5) Organize fire prevention inspections and promptly eliminate fire hazards;
(6) Organize targeted fire drills;
(7) Other fire safety responsibilities stipulated by laws and regulations.
The main person in charge of the unit is the fire safety responsible person of the unit.
Article 17: Fire rescue agencies of local people's governments at or above the county level shall designate units with a high possibility of fire and those that may cause significant personal injury or property damage as key fire safety units within their administrative regions, and report them to the local people's government for filing by the emergency management department. In addition to fulfilling the responsibilities stipulated in Article 16 of this Law, key fire safety units shall also fulfill the following fire safety responsibilities:
(1) Determine the fire safety manager and organize the implementation of fire safety management work in the unit;
(2) Establish fire safety records, identify key fire safety areas, set up fire prevention signs, and implement strict management;
(3) Implement daily fire prevention inspections and establish inspection records;
(4) Provide pre job fire safety training for employees, regularly organize fire safety training and fire drills.
Article 18: If the same building is managed or used by two or more units, the fire safety responsibilities of each party shall be clarified, and responsible persons shall be determined to uniformly manage the shared evacuation routes, safety exits, building fire protection facilities, and fire truck access routes. Property service enterprises in residential areas shall maintain and manage the shared fire-fighting facilities within the management area, and provide fire safety prevention services.
Article 19: Places for the production, storage, and operation of flammable and explosive dangerous goods shall not be located in the same building as residential areas, and shall maintain a safe distance from residential areas.
If the places for production, storage, and operation of other goods are located in the same building as residential areas, they shall comply with the national engineering construction fire protection technical standards.
Article 20: When holding large-scale mass activities, the organizer shall apply for safety permits from the public security organs in accordance with the law, formulate fire extinguishing and emergency evacuation plans, organize drills, clarify the division of fire safety responsibilities, determine fire safety management personnel, maintain complete and effective fire protection facilities and equipment, and ensure that evacuation routes, safety exits, evacuation signs, emergency lighting, and fire truck access routes comply with fire safety technical standards and management regulations.
Article 21 Smoking and the use of open flames are prohibited in places with fire and explosion hazards. If it is necessary to use open flames for construction or other special circumstances, approval procedures should be handled in advance according to regulations, and corresponding fire safety measures should be taken; Operators shall comply with fire safety regulations.
Personnel engaged in welding, gas welding and other operations with fire hazards, as well as operators of automatic fire protection systems, must hold certificates and comply with fire safety operating procedures.
Article 22: The establishment of factories, warehouses, dedicated stations, and docks for the production, storage, loading, and unloading of flammable and explosive dangerous goods shall comply with fire safety technical standards. Filling stations, supply stations, and pressure regulating stations for flammable and explosive gases and liquids should be located in locations that meet fire safety requirements and comply with fire and explosion prevention requirements.
If factories, warehouses, specialized stations, and docks that have already been established for the production, storage, loading and unloading of flammable and explosive dangerous goods, as well as filling stations, supply stations, and pressure regulating stations for flammable and explosive gases and liquids, no longer comply with the provisions of the preceding paragraph, the local people's government shall organize and coordinate relevant departments and units to solve them within a specified time limit and eliminate safety hazards.
Article 23: The production, storage, transportation, sale, use, and destruction of flammable and explosive dangerous goods must comply with fire safety technical standards and management regulations.
Entering places where flammable and explosive dangerous goods are produced and stored must comply with fire safety regulations. It is prohibited to illegally carry flammable and explosive dangerous goods into public places or take public transportation. The management of warehouses storing flammable materials must comply with fire safety technical standards and management regulations.
Article 24 Fire protection products must comply with national standards; Those without national standards must comply with industry standards. It is prohibited to produce, sell or use unqualified fire-fighting products and fire-fighting products that have been explicitly phased out by the state. Fire protection products that are subject to mandatory product certification in accordance with the law can only be produced, sold, and used after being certified by legally qualified certification agencies in accordance with the mandatory requirements of national and industry standards. The catalog of fire protection products subject to mandatory product certification shall be formulated and published by the product quality supervision department of the State Council in conjunction with the emergency management department of the State Council. Newly developed fire protection products that have not yet established national or industry standards shall be produced, sold, and used in accordance with the methods prescribed by the product quality supervision department of the State Council in conjunction with the emergency management department of the State Council. Only products that meet fire safety requirements after technical appraisal can be produced, sold, and used.
Fire protection products that have passed mandatory product certification or technical appraisal in accordance with this provision shall be announced by the emergency management department of the State Council.
Article 25: The product quality supervision department, the administrative department for industry and commerce, and the fire rescue agency shall strengthen the supervision and inspection of the quality of fire products in accordance with their respective responsibilities.
Article 26: The fire resistance performance of building components, building materials, and interior decoration materials must comply with national standards; Those without national standards must comply with industry standards.
Indoor decoration and decoration in densely populated areas should use non combustible and flame-retardant materials in accordance with the requirements of fire safety technical standards.
Article 27: The product standards for electrical appliances and gas appliances shall comply with the requirements of fire safety.
The installation and use of electrical products and gas appliances, as well as the design, laying, maintenance, and testing of their circuits and pipelines, must comply with fire safety technical standards and management regulations.
Article 28: No unit or individual shall damage, misappropriate, or dismantle or stop using fire-fighting facilities and equipment without authorization. They shall not bury, occupy, or block fire hydrants or occupy fire separation distances. They shall not occupy, block, or close evacuation routes, emergency exits, or fire truck passages. Doors and windows in densely populated areas shall not be equipped with obstacles that affect evacuation and firefighting rescue.
Article 29: The unit responsible for the maintenance and management of public fire protection facilities shall maintain the integrity and effectiveness of public fire protection facilities such as fire water supply, fire communication, and fire truck access. If the construction of roads, power outages, water cuts, or communication line interruptions may affect the firefighting and rescue efforts of the fire brigade, relevant units must notify the local firefighting and rescue agencies in advance.
Article 30 Local people's governments at all levels shall strengthen their leadership over rural fire protection work, take measures to enhance the construction of public fire protection facilities, organize the establishment and supervision of the implementation of fire safety responsibility system.
Article 31: During the agricultural harvest season, forest and grassland fire prevention period, major holidays, and fire prone seasons, local governments at all levels shall organize targeted fire prevention publicity and education, take fire prevention measures, and conduct fire safety inspections.
Article 32: Township people's governments and urban street offices shall guide, support, and assist village committees and residents' committees in carrying out mass fire prevention work. Villagers' committees and residents' committees shall appoint fire safety managers, organize the formulation of fire safety conventions, and conduct fire safety inspections.
Article 33: The state encourages and guides public gathering places and enterprises that produce, store, transport, and sell flammable and explosive dangerous goods to purchase fire public liability insurance; Encourage insurance companies to underwrite fire public liability insurance.
Article 34 Fire protection technical service institutions such as maintenance, inspection, and fire safety assessment of fire protection facilities shall meet the requirements for employment, and practitioners shall obtain corresponding qualifications in accordance with the law; In accordance with laws, administrative regulations, national standards, industry standards, and professional guidelines, we accept commissions to provide firefighting technical services and are responsible for the quality of the services.
Chapter 3 Fire Protection Organization
Article 35: People's governments at all levels shall strengthen the construction of fire protection organizations, establish various forms of fire protection organizations according to the needs of economic and social development, strengthen the training of fire protection technical talents, and enhance the ability of fire prevention, firefighting, and emergency rescue.
Article 36 Local people's governments at or above the county level shall establish national comprehensive fire rescue teams and full-time fire brigades in accordance with national regulations, and equip them with fire-fighting equipment in accordance with national standards to undertake fire fighting work. Township governments should establish dedicated and volunteer fire brigades to undertake fire fighting work according to the needs of local economic development and fire prevention work.
Article 37: National comprehensive fire rescue teams and full-time fire brigades shall undertake emergency rescue work for major disasters and accidents, as well as other emergency rescue work mainly focused on saving people's lives, in accordance with national regulations.
Article 38: National comprehensive fire rescue teams and full-time fire rescue teams shall fully leverage the backbone role of professional fire fighting and emergency rescue forces; According to national regulations, organize and implement professional skills training, equip and maintain equipment and devices, and improve the ability to extinguish fires and provide emergency rescue.
Article 39: The following units shall establish a full-time fire brigade to undertake the fire fighting work of their own units:
(1) Large nuclear facilities, large power plants, civil airports, and major ports;
(2) Large enterprises engaged in the production and storage of flammable and explosive hazardous materials;
(3) Large warehouses and bases for storing important flammable materials;
(4) Other large enterprises with high fire hazard and far distance from the national comprehensive fire rescue team, other than those specified in the first, second, and third items;
(5) The management unit of ancient architectural complexes that are far away from the national comprehensive fire rescue team and listed as national key cultural relics protection units.
Article 40: The establishment of a full-time fire brigade shall comply with relevant national regulations and be reported to the local fire rescue agency for acceptance. Members of the full-time fire brigade are entitled to social insurance and welfare benefits in accordance with the law.
Article 41: Government agencies, organizations, enterprises, institutions and other units, as well as village committees and residents' committees, shall establish various forms of fire organizations such as volunteer fire brigades as needed to carry out mass self-defense and self rescue work.
Article 42: Fire rescue agencies shall provide business guidance to full-time fire brigades, volunteer fire brigades, and other fire organizations; According to the needs of firefighting, dedicated firefighting teams can be mobilized to participate in firefighting work.
Chapter 4 Fire Fighting and Rescue
Article 43: Local people's governments at or above the county level shall organize relevant departments to formulate emergency plans based on the characteristics of fires within their administrative regions, establish emergency response and disposal mechanisms, and provide personnel, equipment, and other support for fire fighting and emergency rescue work.
Article 44: Anyone who discovers a fire shall immediately report it to the police. Any unit or individual shall provide convenience for reporting to the police free of charge and shall not obstruct the reporting. False reporting of fire alarms is strictly prohibited.
In the event of a fire in a densely populated area, the on-site staff should immediately organize and guide the evacuation of the personnel present. Any unit that experiences a fire must immediately organize forces to extinguish it. Neighboring units should provide support. When the fire brigade receives a fire alarm, they must immediately rush to the scene of the fire, rescue the people in distress, eliminate the danger, and extinguish the fire.
Article 45: Fire rescue agencies shall organize and command the on-site firefighting in a unified manner, and prioritize the safety of the lives of those in distress.
The overall commander of the fire scene has the right to decide the following matters based on the needs of extinguishing the fire:
(1) Using various water sources;
(2) Cut off the transmission of electricity, flammable gases, and flammable liquids, and restrict the use of fire and electricity;
(3) Designate a warning zone and implement local traffic control;
(4) Utilize nearby buildings and related facilities;
(5) In order to rescue personnel and important materials, prevent the spread of fire, demolish or damage buildings, structures or facilities adjacent to the fire scene;
(6) Mobilize relevant units such as water supply, power supply, gas supply, communication, medical rescue, transportation, environmental protection, etc. to assist in firefighting and rescue. According to the urgent needs of firefighting, relevant local governments should organize personnel and mobilize necessary materials to support firefighting.
Article 46: National comprehensive fire rescue teams and full-time fire brigades participating in emergency rescue work for major disasters and accidents other than fires shall be under the unified leadership of the people's governments at or above the county level.
Article 47: When fire trucks and fire boats go to carry out fire fighting or emergency rescue tasks, they shall not be restricted by driving speed, driving route, driving direction, or command signals while ensuring safety. Other vehicles, ships, and pedestrians shall give way and shall not cross over; Toll roads and bridges are exempt from vehicle tolls. Traffic management and command personnel should ensure the rapid passage of fire trucks and fire boats. Firefighters rushing to the scene of a fire or emergency rescue, as well as mobilized firefighting equipment and materials, who require railway, waterway, or air transportation, relevant units should prioritize transportation.
Article 48 Fire trucks, fire boats, fire equipment, devices and facilities shall not be used for matters unrelated to fire fighting and emergency rescue work.
Article 49: National comprehensive fire rescue teams and full-time fire rescue teams shall not charge any fees for firefighting or emergency rescue. The dedicated fire brigade and volunteer fire brigade of the unit shall be compensated by the people's government of the place where the fire occurred for the fuel, fire extinguishing agents, equipment, and other losses incurred in fighting fires in other units.
Article 50: Medical treatment and compensation shall be provided to personnel who are injured, disabled, or killed due to participating in fire fighting or emergency rescue in accordance with relevant national regulations.
Article 51: Fire rescue agencies have the right to close the scene of a fire as needed, investigate the cause of the fire, and calculate the losses caused by the fire.
After the fire is extinguished, the unit and relevant personnel involved in the fire shall protect the scene in accordance with the requirements of the fire rescue agency, accept the accident investigation, and truthfully provide information related to the fire.
Fire rescue agencies shall promptly prepare a fire accident identification certificate based on the investigation and investigation of the fire scene, as well as relevant inspection and appraisal opinions, as evidence for handling the fire accident.
Chapter 5 Supervision and Inspection
Article 52 Local people's governments at all levels shall implement the fire safety responsibility system and supervise and inspect the performance of fire safety responsibilities by relevant departments of the local people's government.
Relevant departments of local people's governments at or above the county level shall carry out targeted fire safety inspections based on the characteristics of their respective systems, and promptly supervise the rectification of fire hazards.
Article 53 Fire rescue agencies shall supervise and inspect the compliance of government agencies, organizations, enterprises, institutions and other units with fire laws and regulations in accordance with the law. Police stations can be responsible for daily fire supervision and inspection, as well as conducting fire safety publicity and education. Specific measures shall be formulated by the public security department of the State Council.
Personnel from fire rescue agencies and public security police stations conducting fire supervision and inspection shall present their identification documents.
Article 54: If fire rescue agencies discover fire hazards during fire supervision and inspection, they shall notify relevant units or individuals to immediately take measures to eliminate the hazards; If the hidden dangers are not eliminated in a timely manner and may seriously threaten public safety, the fire rescue agency shall take temporary sealing measures on the dangerous parts or places in accordance with regulations.
Article 55: If fire rescue agencies discover during fire supervision and inspection that the urban and rural fire safety layout or public fire facilities do not meet fire safety requirements, or discover major fire hazards that affect public safety in the local area, they shall report in writing to the local people's government by the emergency management department.
The people's government that receives the report shall promptly verify the situation, organize or instruct relevant departments and units to take measures to rectify it.
Article 56: The competent departments of housing and urban-rural development, fire rescue agencies, and their staff shall conduct fire design review, fire acceptance, filing spot checks, and fire safety inspections in accordance with their statutory powers and procedures, ensuring fairness, strictness, civility, and efficiency.
The competent departments of housing and urban-rural development, fire rescue agencies and their staff shall not charge fees for fire design review, fire acceptance, filing spot checks and fire safety inspections, and shall not use their positions to seek benefits; It is not allowed to use one's position to designate or indirectly designate the brand, sales unit, fire protection technical service institution, or fire protection facility construction unit of fire protection products for users or construction units.
Article 57: The competent departments of housing and urban-rural development, fire rescue agencies, and their staff shall conscientiously accept supervision from society and citizens when performing their duties.
Any unit or individual has the right to report and accuse the housing and urban-rural development authorities, fire rescue agencies, and their staff of illegal acts in law enforcement. The authorities that receive reports and accusations shall promptly investigate and deal with them in accordance with their responsibilities.
Chapter 6 Legal Liability
Article 58: Anyone who violates the provisions of this Law and commits any of the following acts shall be ordered by the housing and urban-rural development competent department and the fire rescue agency to stop construction, stop use, or suspend production and business in accordance with their respective powers, and shall be fined not less than 30000 yuan but not more than 300000 yuan:
(1) Construction projects that are required by law to undergo fire protection design review are constructed without legal review or without passing the review;
(2) Construction projects that are required by law to undergo fire safety inspections are put into use without passing or failing the fire safety inspections;
(3) Other construction projects that fail to pass the random inspection in accordance with the law after acceptance as stipulated in Article 13 of this Law shall not be suspended from use;
(4) Public gathering places that are put into use or operated without the permission of fire rescue agencies, or whose usage and operation at the scene do not match the promised content after verification.
If it is found through verification that the use and operation of public gathering places do not comply with the promised content, and after being ordered to make corrections within a specified period of time, if the rectification is not made within the time limit or if the requirements are still not met after rectification, the corresponding license shall be revoked in accordance with the law.
If the construction unit fails to report to the competent department of housing and urban-rural development for filing after acceptance in accordance with the provisions of this Law, the competent department of housing and urban-rural development shall order it to make corrections and impose a fine of up to 5000 yuan.
Article 59: Anyone who violates the provisions of this Law and commits any of the following acts shall be ordered by the competent department of housing and urban-rural development to make corrections or stop construction, and shall be fined not less than 10000 yuan but not more than 100000 yuan:
(1) The construction unit requires the architectural design unit or construction enterprise to lower the fire protection technical standards for design and construction;
(2) The architectural design unit fails to carry out fire protection design in accordance with the mandatory requirements of fire protection technical standards;
(3) Construction enterprises that do not follow the fire protection design documents and fire protection technical standards during construction, which reduces the quality of fire protection construction;
(4) The engineering supervision unit colludes with the construction unit or construction enterprise to falsify and reduce the quality of fire protection construction.
Article 60: If a unit violates the provisions of this Law and commits any of the following acts, it shall be ordered to rectify and fined not less than 5000 yuan but not more than 50000 yuan:
(1) The configuration and installation of fire-fighting facilities, equipment, or fire safety signs do not comply with national or industry standards, or are not maintained in good condition and effectiveness;
(2) Damaging, misappropriating, or illegally dismantling or deactivating fire-fighting facilities and equipment;
(3) Occupying, blocking, sealing evacuation routes, emergency exits, or engaging in other behaviors that hinder safe evacuation;
(4) Burial, enclose, block fire hydrants or occupy fire separation distances;
(5) Occupying, blocking, or sealing fire truck passages, obstructing the passage of fire trucks;
(6) Setting up obstacles on doors and windows in densely populated areas that affect evacuation and firefighting rescue;
(7) Failure to take timely measures to eliminate fire hazards after being notified by fire rescue agencies.
Individuals who engage in any of the behaviors listed in the second, third, fourth, or fifth items of the preceding paragraph shall be given a warning or fined up to 500 yuan.
If a person commits an act under the third, fourth, fifth, or sixth items of the first paragraph of this article and refuses to correct it after being ordered to do so, compulsory execution shall be carried out, and the necessary expenses shall be borne by the offender.
Article 61: If the place where flammable and explosive dangerous goods are produced, stored, or operated is located in the same building as the residential place, or if a safe distance is not maintained from the residential place, it shall be ordered to suspend production and business, and a fine of not less than 5000 yuan but not more than 50000 yuan shall be imposed.
If the places where other goods are produced, stored, or operated are located in the same building as residential areas and do not meet the fire safety technical standards, they shall be punished in accordance with the provisions of the preceding paragraph.
Article 62: Anyone who commits any of the following acts shall be punished in accordance with the provisions of the Law of the People's Republic of China on Public Security Administration Punishments:
(1) Producing, storing, transporting, selling, using, or destroying flammable and explosive dangerous goods in violation of relevant fire safety technical standards and management regulations;
(2) Illegally carrying flammable and explosive dangerous goods into public places or taking public transportation;
(3) Falsely reporting a fire alarm;
(4) Obstructing fire trucks and fire boats from carrying out their tasks;
(5) Obstructing the staff of fire rescue agencies from carrying out their duties in accordance with the law.
Article 63: Anyone who violates the provisions of this Law and commits any of the following acts shall be given a warning or fined up to 500 yuan; Those with serious circumstances shall be detained for up to five days:
(1) Entering places where flammable and explosive dangerous goods are produced or stored in violation of fire safety regulations;
(2) Violating regulations by using open flames for work or smoking or using open flames in places with fire or explosion hazards.
Article 64: Those who violate the provisions of this Law and commit any of the following acts, but do not constitute a crime, shall be detained for 10 to 15 days and may be fined up to 500 yuan; For minor offenses, a warning or a fine of up to 500 yuan shall be imposed:
(1) Instructing or forcing others to violate fire safety regulations and engage in risky operations;
(2) Causing a fire due to negligence;
(3) Obstructing the alarm after a fire occurs, or personnel responsible for reporting fail to report it in a timely manner;
(4) Disrupting the order of the fire scene, or refusing to follow the command of the fire scene commander, affecting firefighting and rescue efforts;
(5) Intentionally destroying or fabricating the scene of a fire;
(6) Unauthorized opening or use of premises or parts that have been sealed by fire rescue agencies.
Article 65: Those who violate the provisions of this Law by producing or selling unqualified fire protection products or fire protection products that have been explicitly eliminated by the state shall be punished severely by the product quality supervision department or the administrative department for industry and commerce in accordance with the provisions of the Product Quality Law of the People's Republic of China.
Those who use unqualified fire protection products or fire protection products that are explicitly eliminated by the state in densely populated areas shall be ordered to make corrections within a specified period of time; For those who fail to make corrections within the prescribed time, a fine of not less than 5000 yuan but not more than 50000 yuan shall be imposed, and the directly responsible person in charge and other directly responsible personnel shall be fined not less than 500 yuan but not more than 2000 yuan; Those with serious circumstances shall be ordered to suspend production and business.
Fire rescue agencies shall, in addition to imposing penalties on users in accordance with the law, notify the product quality supervision department and the administrative department for industry and commerce of the discovery of unqualified fire products and fire products that have been officially phased out by the state in the situations specified in the second paragraph of this article. The product quality supervision department and the administrative department for industry and commerce shall investigate and punish producers and sellers in a timely manner in accordance with the law.
Article 66: If the installation and use of electrical products and gas appliances, as well as the design, laying, maintenance, and testing of their circuits and pipelines, do not comply with fire safety technical standards and management regulations, they shall be ordered to make corrections within a specified period of time; Those who fail to make corrections within the prescribed time limit shall be ordered to cease use and may be fined not less than 1000 yuan but not more than 5000 yuan.
Article 67: If government agencies, organizations, enterprises, institutions and other units violate the provisions of Article 16, Article 17, Article 18, and the second paragraph of Article 21 of this Law, they shall be ordered to make corrections within a specified period of time; Those who fail to make corrections within the prescribed time limit shall be subject to disciplinary action or warning punishment in accordance with the law for their directly responsible supervisors and other directly responsible personnel.
Article 68: If a fire breaks out in a densely populated area and the on-site staff fail to fulfill their obligation to organize and guide the evacuation of personnel, and the circumstances are serious enough not to constitute a crime, they shall be detained for not less than five days but not more than ten days.
Article 69: If fire protection technical service institutions such as maintenance, inspection, and fire safety assessment of fire protection facilities do not have the qualifications to engage in fire protection technical service activities or issue false documents, the fire rescue agency shall order them to make corrections, impose a fine of not less than 50000 yuan but not more than 100000 yuan, and impose a fine of not less than 10000 yuan but not more than 50000 yuan on the directly responsible person in charge and other directly responsible personnel; Those who do not carry out fire protection technical service activities in accordance with national and industry standards shall be ordered to make corrections, fined up to 50000 yuan, and the directly responsible person in charge and other directly responsible personnel shall be fined up to 10000 yuan; If there are illegal gains, they shall be confiscated; Those who cause losses to others shall be liable for compensation in accordance with the law; Those with serious circumstances shall be ordered to stop practicing or have their corresponding qualifications revoked in accordance with the law; If significant losses are caused, the relevant departments shall revoke the business license and take lifelong market entry measures against the responsible personnel.
If the institution specified in the preceding paragraph issues false documents and causes losses to others, it shall bear the liability for compensation in accordance with the law; If significant losses are caused, the fire rescue agency shall order the cessation of practice or revoke the corresponding qualifications in accordance with the law, the relevant department shall revoke the business license, and the responsible personnel shall be subject to lifelong market entry restrictions.
Article 70: The administrative penalties stipulated in this Law shall be decided by the competent departments of housing and urban-rural development and fire rescue agencies in accordance with their respective powers, except for those that shall be decided by the public security organs in accordance with the relevant provisions of the Law of the People's Republic of China on Public Security Administration Punishments.
Those who are ordered to stop construction, use, or production or business operations shall report to the department or institution that made the decision after rectification. Only after passing the inspection can construction, use, production, and operation be resumed.
If the party concerned fails to comply with the decision to suspend production, use, or construction within the prescribed time limit, the department or institution that made the decision shall enforce it.
For orders to suspend production or business that have a significant impact on the economy and social life, the housing and urban-rural development department or emergency management department shall report to the local people's government for a decision in accordance with the law.
Article 71: If any staff member of the housing and urban-rural development department or fire rescue agency abuses their power, neglects their duties, engages in favoritism and fraud, and commits any of the following acts that do not constitute a crime, they shall be punished in accordance with the law:
(1) Approval of fire design documents, construction projects, and locations that do not meet fire safety requirements for review, fire safety acceptance, and fire safety inspection;
(2) Unreasonably delaying the review of fire protection design, fire safety acceptance, and fire safety inspection, and failing to fulfill duties within the statutory deadline;
(3) Failure to promptly notify relevant units or individuals to rectify fire hazards discovered;
(4) Using one's position to designate or indirectly designate brands, sales units, fire protection technical service institutions, or fire protection facility construction units for users or construction units of fire protection products;
(5) Using fire trucks, fire boats, and firefighting equipment, devices, and facilities for matters unrelated to firefighting and emergency rescue;
(6) Other acts of abuse of power, dereliction of duty, and favoritism.
If staff members of product quality supervision, industry and commerce administration and other relevant administrative departments abuse their power, neglect their duties, engage in favoritism and fraud in fire protection work, and do not constitute a crime, they shall be punished according to law.
Article 72: Those who violate the provisions of this Law and commit crimes shall be held criminally responsible in accordance with the law.
Chapter 7 Supplementary Provisions
Article 73: The meanings of the following terms in this Law:
(1) Firefighting facilities refer to automatic fire alarm systems, automatic fire extinguishing systems, fire hydrant systems, smoke control and exhaust systems, as well as emergency broadcasting and lighting, safety evacuation facilities, etc.
(2) Firefighting products refer to products specifically designed for fire prevention, firefighting and rescue, fire protection, shelter, and evacuation.
(3) Public gathering places refer to hotels, restaurants, shopping malls, markets, waiting rooms at passenger stations, waiting halls at passenger terminals, civil airport terminals, sports venues, halls, and public entertainment venues.
(4) Personnel intensive places refer to public gathering places, outpatient buildings and ward buildings of hospitals, teaching buildings, libraries, canteens and collective dormitories of schools, nursing homes, welfare homes, daycare centers, kindergartens, reading rooms of public libraries, exhibition halls of public exhibition halls and museums, production and processing workshops and employee collective dormitories of labor-intensive enterprises, tourism and religious activity venues, etc.
Article 74: This Law shall come into effect on May 1, 2009.