People's Republic of China Fire Law interpretation

来源:   时间: 2021-08-19 13:04

  (1) Article 15 is amended as follows: "The fire safety inspection of public gathering places before they are put into use and opened for business shall implement the management of informing commitment.。Places of public gathering before they are put into use and open for business,The construction unit or the user unit shall apply for fire control safety inspection to the fire control rescue institution of the local people's government at or above the county level in the place where the site is located,Make a commitment that the site complies with fire technical standards and management regulations,Submit the required materials,And be responsible for the authenticity of its promises and materials。

  "The fire and rescue agency reviews the materials submitted by the applicant;Where the application materials are complete and conform to the statutory form, permission shall be granted。Fire rescue institutions shall, in accordance with fire control technical standards and management regulations, promptly verify the public gathering places where they have made commitments。

  "If the applicant chooses not to use the method of notification commitment, the fire rescue agency shall inspect the place within ten working days from the date of acceptance of the application in accordance with the fire technical standards and management regulations.。If the inspection meets the requirements of fire control safety, permission shall be granted。

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

  (2) The 34th article is amended as: "Fire protection facilities maintenance testing, fire safety assessment and other fire protection technical service institutions shall meet the conditions of operation.,Practitioners shall obtain corresponding qualifications according to law;In accordance with laws, administrative regulations, national standards, industry standards and practice guidelines,Accept the commission to provide fire technical services,And responsible for the quality of service。”

  (3) Article 58, paragraph 1, item 4 is amended as follows: "(4) where public gathering places are put into use and open for business without the permission of fire control and rescue institutions, or where the use and business conditions of the places are found to be inconsistent with the promised content after verification"。

  One paragraph is added as the second paragraph: "If the verification finds that the use and business conditions of the public gathering place are inconsistent with the content of the commitment, it is ordered to correct within a time limit, fails to rectify within the time limit or fails to meet the requirements after rectification, the corresponding license shall be revoked according to law.。”

  (4) Revise Article 69 as follows: "Fire technical service institutions such as fire protection facilities maintenance testing and fire safety assessment.,Those who do not have the working conditions to engage in fire control technical service activities or issue false documents,The fire rescue institution shall order it to make corrections,Be fined not less than 50,000 yuan but not more than 100,000 yuan,The persons directly in charge and other persons directly responsible shall be fined not less than 10,000 yuan but not more than 50,000 yuan;Those who do not carry out fire control technical service activities in accordance with national standards and industrial standards,Order correction,A fine of not more than 50,000 yuan,The persons directly in charge and other persons directly responsible shall be fined not more than 10,000 yuan;There are illegal gains,The illegal gains shall also be confiscated;Causing loss to others,Bear the liability for compensation according to law;serious,Order to stop practicing law or revoke corresponding qualifications;Causing heavy damage,The business license shall be revoked by the relevant department,The relevant responsible personnel shall be banned from entering the market for life。

  "Where the institution provided for in the preceding paragraph issues false documents and causes losses to others, it shall bear the liability for compensation according to law;If heavy losses are caused, the fire and rescue institutions shall order them to stop practicing or revoke the corresponding qualifications according to law, the relevant departments shall revoke the business license, and the relevant responsible personnel shall be banned from entering the market for life。”

   

    Policy Document:Fire Protection Law of the People's Republic of China

  Source: China National Net

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