Regulations on the Management of Social Fire Protection Technical Services

Order of the Ministry of Emergency Management of the People's Republic of China

No. 7

The Regulations on the Management of Social Fire Protection Technical Services have been reviewed and approved at the 27th executive meeting of the Ministry of Emergency Management on August 17, 2021. They are now announced and will come into effect on November 9, 2021.

Minister Huang Ming

September 13, 2021

Regulations on the Management of Social Fire Protection Technical Services

Chapter 1 General Provisions

Article 1: In order to regulate social fire protection technical service activities, maintain the order of the fire protection technical service market, and promote the improvement of the quality of fire protection technical services, this regulation is formulated in accordance with the Fire Protection Law of the People's Republic of China.

Article 2: This regulation applies to social fire protection technical service activities and the supervision and management of fire protection technical service institutions within the territory of the People's Republic of China.

The fire protection technical service institutions referred to in these regulations refer to enterprises engaged in social fire protection technical service activities such as maintenance, inspection, and fire safety assessment of fire protection facilities.

Article 3 Fire protection technical service institutions and their employees shall follow the principles of objectivity, independence, legality, impartiality, honesty and credibility in carrying out social fire protection technical service activities.

The term 'fire protection technical service practitioners' referred to in these regulations refers to professional technical personnel who have obtained the qualification of registered fire protection engineers in accordance with the law and are practicing in fire protection technical service institutions, as well as personnel who have obtained corresponding professional qualifications for specific types of work in the fire protection industry in accordance with relevant regulations and are engaged in social fire protection technical service activities in fire protection technical service institutions.

Article 4: Organizations in the fire protection technology service industry shall strengthen industry self-discipline management, regulate professional behavior, and promote the improvement of service quality.

Fire technology service industry organizations shall not engage in for-profit social fire technology service activities, nor shall they engage in or monopolize the industry through fire technology service institutions.

Chapter 2 Employment Conditions

Article 5: Fire protection technical service institutions engaged in maintenance, upkeep, and testing of fire protection facilities shall meet the following conditions:

（1） Obtain corporate legal person qualification;

（2） The building area of the workplace shall not be less than 200 square meters;

（3） The basic equipment for fire protection technical services and the maintenance and testing equipment for fire protection facilities are equipped in accordance with relevant regulations and requirements;

（4） There shall be no less than 2 registered fire engineers, including no less than 1 first level registered fire engineer;

（5） There shall be no less than 6 personnel who have obtained the national vocational qualification certificate for fire protection facility operators, including no less than 2 personnel with intermediate skill level or above;

（6） A sound quality management system.

Article 6 Fire safety technical service institutions engaged in fire safety assessment shall meet the following conditions:

（1） Obtain corporate legal person qualification;

（2） The building area of the workplace shall not be less than 100 square meters;

（3） The basic equipment for fire technology services and the equipment for fire safety assessment are equipped in accordance with relevant regulations and requirements;

（4） There shall be no less than 2 registered fire engineers, including no less than 1 first level registered fire engineer;

（5） A sound fire safety assessment process control system.

Article 7: Fire protection technical service institutions engaged in maintenance, inspection, and fire safety assessment of fire protection facilities shall meet the following conditions:

（1） Obtain corporate legal person qualification;

（2） The building area of the workplace shall not be less than 200 square meters;

（3） The maintenance and inspection of basic equipment and fire-fighting facilities for firefighting technical services, as well as the provision of firefighting safety assessment equipment, meet the requirements of regulations;

（4） There shall be no less than 2 registered fire engineers, including no less than 1 first level registered fire engineer;

（5） There shall be no less than 6 personnel who have obtained the national vocational qualification certificate for fire protection facility operators, including no less than 2 personnel with intermediate skill level or above;

（6） A sound quality management and fire safety assessment process control system.

Article 8: Fire protection technical service institutions may operate nationwide.

Chapter 3 Social Fire Protection Technical Service Activities

Article 9 Fire protection technical service institutions and their employees shall carry out the following social fire protection technical service activities in accordance with laws, regulations, technical standards, and professional guidelines, and shall be responsible for the quality of the services:

（1） Fire protection facility maintenance and testing institutions can engage in building fire protection facility maintenance and testing activities;

（2） Fire safety assessment agencies can engage in activities such as regional fire safety assessment, social unit fire safety assessment, large-scale event fire safety assessment, as well as consulting activities on fire laws and regulations, fire technical standards, fire hazard rectification, fire safety management, fire safety publicity and education.

The conclusion document issued by the fire technology service agency can serve as the basis for fire rescue agencies to implement fire supervision and management, and for units (places) to carry out fire safety management.

Article 10: Fire protection facility maintenance and inspection institutions shall carry out maintenance and inspection in accordance with the processes and procedures stipulated by national and industry standards, ensuring that the maintained building fire protection facilities comply with national and industry standards.

Article 11 Fire protection technical service institutions shall sign labor contracts with their employees in accordance with the law and strengthen the management of their employees. Registered fire engineers are not allowed to practice in two or more social organizations at the same time.

Article 12: Fire protection technical service institutions shall establish technical leaders to supervise and manage the quality of their fire protection technical services, and conduct technical audits on written conclusion documents issued. The technical leader shall possess the qualification of a first level registered fire engineer.

Article 13: When undertaking business, fire protection technical service institutions shall sign a fire protection technical service contract with the client and specify the project leader. The project leader should possess the corresponding qualifications of a registered fire engineer.

Fire technology service institutions shall not subcontract or sub contract fire technology service projects.

Article 14: The written conclusion document issued by the fire protection technical service institution shall be signed and stamped with the professional seal by the technical and project leaders, and also stamped with the seal of the fire protection technical service institution.

After maintenance and inspection of building fire protection facilities, the fire protection facility maintenance and inspection agency shall make a sign containing the name of the fire protection technical service agency, project leader, maintenance date and other information, and publicize it in a prominent position in the building where the fire protection facilities are located.

Article 15: Fire protection technical service institutions shall make objective, truthful, and complete records of service situations, and establish fire protection technical service files according to fire protection technical service projects.

The retention period for fire technical service archives is 6 years.

Article 16: Fire protection technical service institutions shall prominently display their business license, work procedures, fee standards, code of conduct, registered fire engineer registration certificate, complaint hotline, and other relevant information at their business premises.

Article 17: Fire protection technical service institutions shall comply with the provisions of price management laws and regulations when charging fees.

Article 18: Fire protection technical service institutions shall not engage in the following behaviors in engaging in social fire protection technical service activities:

（1） Not possessing the qualifications for employment, engaged in social fire protection technical service activities;

（2） Providing false or untrue documents;

（3） The project leader or fire protection facility operator of the fire protection facility maintenance and inspection agency did not come to the site to carry out the work on site;

（4） Disclosing the client's trade secrets;

（5） Assign unqualified employees to engage in social fire protection technical service activities;

（6） Engaging in social fire protection technical service activities under the guise of other fire protection technical service institutions;

（7） Other behaviors prohibited by laws, regulations, and rules.

Chapter 4 Supervision and Management

Article 19: Fire rescue agencies of the people's governments at or above the county level shall, in accordance with relevant laws, regulations, and these provisions, supervise and manage social fire technical service activities within their administrative regions.

Fire technology service institutions and their employees shall assist and cooperate with the supervision and management of fire rescue institutions in accordance with the law, and shall not refuse or obstruct.

Article 20: The Fire Rescue Bureau of the Ministry of Emergency Management shall establish and improve a nationwide unified social fire technology service information system, publish relevant information on fire technology service institutions and their employees, release information on employment, integrity, and supervision management, and provide relevant information query services for the society.

Article 21: The forms of supervision and inspection conducted by fire rescue agencies of the people's governments at or above the county level on social fire technical service activities include:

（1） Implement supervision and spot checks on the quality of fire technical services in conjunction with daily fire supervision and inspection work;

（2） Implement special inspections as needed;

（3） Implement reverse investigation after a fire accident occurs;

（4） Verify the illegal practices of fire technical service institutions and their employees who report, complain, and are referred for transfer.

The supervision and inspection of social fire protection technical service activities can be carried out through online verification, on-site verification by service units, and on-site inspection of institutional offices according to actual needs.

Article 22: When conducting daily fire supervision and inspection of units (places), fire rescue agencies may conduct supervision and spot checks on the service quality of fire technical service agencies that provide services to the unit (place). The spot check content is:

（1） Whether to engage in social fire protection technical service activities under the name of other fire protection technical service institutions;

（2） Whether personnel engaged in relevant social fire protection technical service activities have the corresponding qualifications;

（3） Whether the building fire protection facilities are maintained and tested in accordance with national and industry standards, and whether the maintained building fire protection facilities comply with national and industry standards;

（4） Whether the project leader or fire protection facility operator of the fire protection facility maintenance and inspection agency is on-site to carry out work;

（5） Whether false or untrue documents have been issued;

（6） Whether the written conclusion document issued is signed and stamped by the technical and project leaders, and stamped with the seal of the fire technical service agency;

（7） Whether to sign a fire technology service contract with the client;

（8） Is the fire protection technical service information prominently displayed in the building where the fire protection facilities are maintained and serviced.

Article 23: Fire rescue agencies may conduct special inspections of fire technical service agencies operating within their jurisdiction according to the needs of fire supervision and management. Special inspections should randomly select inspection objects, assign inspection personnel, and promptly disclose the inspection results and investigation results to the public. Special inspections can randomly check the following contents:

（1） Whether they have the qualifications for employment;

（2） Is the registered fire engineer practicing in two or more social organizations at the same time;

（3） Whether personnel engaged in relevant social fire protection technical service activities have the corresponding qualifications;

（4） Whether to subcontract or subcontract fire protection technical service projects;

（5） Whether false or untrue documents have been issued;

（6） Whether a technical leader has been established and a project leader has been identified, and whether the written conclusion document issued is signed and stamped by the technical leader and project leader, and stamped with the seal of the fire technical service agency;

（7） Whether to sign a fire technology service contract with the client;

（8） Whether to publicize the business license, work procedures, fee standards, code of practice, registration certificate of registered fire engineer, complaint hotline and other matters in the business premises;

（9） Whether to establish and maintain fire technical service archives.

Article 24: In the event of a fire that causes death or significant social impact, fire rescue agencies shall conduct a retrospective investigation of the fire technical service agencies that provide services to the unit (place) where the fire occurred during the investigation of the fire accident.

Fire rescue agencies can organize investigations into other fires and, as needed, conduct reverse checks on fire technical service agencies that provide services to the unit (place) that caused the fire.

The reverse inspection shall be carried out in accordance with the spot checks specified in Articles 22 and 23 of these regulations.

Article 25 Fire rescue agencies and their staff shall not establish fire technical service agencies, participate in the business activities of fire technical service agencies, designate or indirectly designate fire technical service agencies, use their positions to accept property from relevant units or individuals, or abuse administrative power to exclude or restrict competition.

Chapter 5 Legal Liability

Article 26: If a fire protection technical service institution violates these regulations and engages in social fire protection technical service activities under the name of another fire protection technical service institution, it shall be ordered to make corrections and fined not less than 20000 yuan but not more than 30000 yuan.

Article 27: If a fire protection technical service institution violates these regulations and falls under any of the following circumstances, it shall be ordered to make corrections and fined not less than 10000 yuan but not more than 20000 yuan:

（1） Registered fire engineers who practice in two or more social organizations simultaneously;

（2） Assigning unqualified personnel to engage in social fire protection technical service activities;

（3） Subcontracting or subcontracting fire protection technical service projects.

Registered fire engineers who engage in the first item of the preceding paragraph shall be fined not less than 5000 yuan but not more than 10000 yuan.

Article 28: If a fire protection technical service institution violates these regulations and falls under any of the following circumstances, it shall be ordered to make corrections and fined up to 10000 yuan:

（1） Failure to establish a technical leader or clarify a project leader;

（2） The written conclusion document issued without the signature or seal of the technical leader or project leader, or without the seal of the fire technical service agency;

（3） Undertaking business without signing a fire technology service contract with the client in accordance with the law;

（4） The project leader or fire protection facility operator of the fire protection facility maintenance and inspection agency fails to conduct on-site work;

（5） Failure to establish or maintain fire safety technical service archives;

（6） Failure to disclose business license, work procedures, fee standards, professional guidelines, registered fire engineer registration certificate, complaint hotline, and other related matters.

Article 29: If a fire protection technical service institution does not have the qualifications to engage in social fire protection technical service activities or issues false or untrue documents, or fails to carry out social fire protection technical service activities in accordance with national or industry standards, the fire rescue institution shall be punished in accordance with the relevant provisions of Article 69 of the Fire Protection Law of the People's Republic of China.

Article 30: If a fire protection facility maintenance and inspection institution fails to publicize fire protection technical service information in a prominent position in the building where the fire protection facilities it maintains are located in accordance with the requirements of these regulations, it shall be ordered to make corrections and fined up to 5000 yuan.

Article 31: Fire rescue agencies shall implement credit management for fire technical service agencies and their employees, and specific measures shall be formulated by the Fire Rescue Bureau of the Ministry of Emergency Management.

Article 32: If a fire protection technical service institution violates these regulations and causes losses to others, it shall bear compensation liability in accordance with the law; If the fire protection facilities of a building that have been maintained cannot operate normally and fail to play their due role in the event of a fire, resulting in casualties and expanded losses, they shall be punished severely; Those who commit crimes shall be held criminally responsible in accordance with the law.

Article 33: The administrative penalties referred to in these regulations shall be decided by the fire rescue agencies of the municipal or county-level people's governments where the illegal acts are committed.

Article 34: If fire protection technical service institutions and their employees are dissatisfied with the specific administrative actions taken by fire rescue institutions in the supervision and management of fire protection technical services, they may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.

Article 35: Staff members of fire rescue institutions who establish fire technical service institutions, participate in the business activities of fire technical service institutions, designate or indirectly designate fire technical service institutions, or use their positions to accept property from relevant units or individuals, or abuse administrative power to exclude or restrict competition, or engage in other acts of abuse of power, dereliction of duty, or favoritism shall be punished in accordance with relevant regulations; Those who commit crimes shall be held criminally responsible in accordance with the law.

Chapter 6 Supplementary Provisions

Article 36: If the fire protection facilities of a building are maintained and serviced by the construction unit during the warranty period, this regulation does not apply.

Article 37: The term "false documents" referred to in these regulations refers to fire protection technical documents issued by fire protection technical service institutions that have not provided services or have tampered with the results, or fire protection technical documents issued that are seriously inconsistent with the actual situation at that time and whose conclusions deviate significantly from objective reality.

The false documents referred to in these regulations refer to the fire protection technical documents issued by the fire protection technical service agency that are partially inconsistent with the actual situation at that time and deviate from the objective reality in the qualitative part of the conclusion.

Article 38: The terms "above" and "below" in these regulations both include this number.

Article 39: The format of documents required for the implementation of these regulations, as well as the catalog of instruments, equipment, and facilities that fire technical service institutions should be equipped with, shall be formulated by the Emergency Management Department.

Article 40: These regulations shall come into effect on November 9, 2021.