Forest Fire Prevention Regulations

Original Language Title: 森林防火条例

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People's Republic of China promulgated by Decree No. 541

                      The forest fire prevention Ordinance adopted on November 19, 2008 at the 36th Executive meeting of the State Council, announced the forest fire prevention Ordinance, as amended, enter into force on January 1, 2009.

                        Prime Minister Wen Jiabao

The December 1, 2008

Forest fire prevention regulations

(Posted November 19, 2008 January 16, 1988 the State Council adopted at the 36th Executive meeting of the State Council)

Chapter I General provisions

First in order to prevent and fight forest fires, protect people's lives and property safety, forest protection, maintain ecological safety, in accordance with the People's Republic of China forestry law, this Ordinance is enacted. Article II of this Ordinance shall apply to People's Republic of China territory of forest fire prevention and suppression.

However, except in the urban area of the city.

Article III prevention of forest fire prevention, active eradication policy.

Fourth national forest fire prevention directs agencies to organize, coordinate and guide nationwide forest fire prevention work.

Forestry authorities under the State Council is responsible for the oversight and management of the national forest fire prevention work, the daily work of the State forest fire prevention command.

Other relevant departments under the State Council in accordance with the Division of duties, responsibility for forest fire prevention.

Article fifth executive heads of local people's Governments at all levels in charge of forest fire prevention.

Local people's Governments at or above the county level forest fire prevention command structure based on actual requirements, organize, coordinate and direct the administration of forest fire prevention work.

Local people's Governments at or above the county level forestry authorities responsible for the administration of forest fire monitoring and management, bear the daily work of the people's Governments at the corresponding level of forest fire prevention command.

Other relevant departments under the responsibility of the local people's Governments at or above the county level, responsible for forest fire prevention.

Article sixth of forests, trees and forest land management units and individuals, within its scope, bear the responsibility for forest fire prevention.

Article seventh forest fire prevention work involving more than two administrative regions, forest fire prevention defense mechanisms established by the relevant local people's Governments shall, determined defense areas, establishment of a joint defense system, information sharing, and strengthen supervision and inspection.

Eighth people's Governments above the county level forest fire infrastructure construction should be incorporated into the national economic and social development plan will incorporate the requirements of forest fire prevention budget.

Nineth State support forest fire prevention research, popularization and application of advanced science and technology, improve forest fire prevention technology.

Tenth levels of people's Governments, relevant departments shall organize regular forest fire prevention activities, popularize the knowledge of forest fire prevention and forest fire prevention.

11th the State encourages the transfer of forest fire risk through insurance forms, improve the ability of forestry disaster and post-disaster self-help skills.

12th to make outstanding achievements in forest fire prevention work in the units and individuals, in accordance with the relevant provisions of the State, recognition and rewards.

In fighting major, major forest fires in the outstanding units and individuals, you can spot by the forest fire prevention directs agencies to recognize and reward.

Chapter II prevention of forest fires

13th provinces, autonomous regions and municipalities directly under the competent forestry authorities shall, according to the State Department of Forestry Department's regionalization of forest fire danger rating standards, of the respective administrative regions, counties forest fire Division ranks, to the public, and reported to the Forestry Department under the State Council for the record.

14th forestry authorities under the State Council shall, in accordance with the national regionalization of forest fire danger levels and operational needs, the national forest fire prevention plan submitted to the State Council or if authorized by the State Council for approval before implementation.

Local people's Governments at or above the county level forestry authorities under the national forest fire prevention planning, combined with local conditions, preparation of forest fire prevention in the Administration plan, reported to the people's Governments at the corresponding level for approval organization.

15th State Council relevant departments and local people's Governments at or above the county level shall, in accordance with the forest fire prevention planning, strengthen forest fire prevention infrastructure, reserving the necessary material for forest fire prevention, integration, improve forest fire prevention directs system according to actual needs.

The State Council and the Governments of provinces, autonomous regions and municipalities according to the actual needs of forest fire prevention, making full use of satellite remote sensing technology and existing military and civil aviation infrastructure, establishment of relevant units involved in aviation forest protection cooperation mechanism, developing aviation forest guard in infrastructure and security requirements for aviation forest guard.

16th forestry authorities under the State Council shall, in accordance with the relevant provisions State, particularly a major forest fire emergency plan, approved by the State Council.

Forestry authority of the local people's Governments at or above the county level shall be in accordance with the relevant provisions on the establishment of forest fire emergency plan, reported to the people's Governments at the corresponding level approval, and report to the competent forestry authorities at a higher level for the record.

People's Governments at the county level shall organize the township (town) people's Government according to the emergency response plan for forest fire forest fire emergency procedures are formulated; a villagers ' Committee shall, in accordance with forest fire emergency provisions of emergency measures and forest fire, forest fire emergency assistance work.

People's Governments above the county level shall organize the relevant departments to carry out the necessary forest fire emergency drill.

17th forest fire emergency plan should include the following:

(A) forest fire emergency organization command structure and responsibilities;

(Ii) forest fire early warning, monitoring, reporting and processing information;

(C) emergency response mechanisms and measures of forest fires;

(D) financial, material and technological protection measures;

(E) disaster management.

18th in start up of industrial and mining enterprises, established according to law the forest tourist area or create a new development zone, synchronize its forest fire prevention facilities and the construction of the project planning and construction design, synchronization, synchronous acceptance; in acres and planting of the forest, while supporting the construction of forest fire prevention measures.

19th railway business unit shall be responsible for the units of forest fire prevention work, and with the local people's Governments at or above the county level forest fire hazard along the railway sections of the fire prevention work.

Power, telecommunication lines, and the forest fire prevention unit in charge of the oil and gas pipeline should open fire belt in forest fire danger area, and patrol personnel.

Article 20th forests, trees and forest land management units and individuals shall be in accordance with the provisions of the forestry authorities, establishing responsibility system of forest fire prevention in designated area of responsibility for forest fire prevention, determining responsibility for forest fire prevention and forest fire prevention facilities and equipment and is equipped with. 21st local governments and State-owned forestry enterprises and institutions shall, in accordance with actual needs, set up a professional forest fire fighting teams; local people's Governments at or above the county level should guide forest management unit and the forests of neighborhood committees and village committees, enterprises and institutions to establish forest fire suppression team of the masses.

Professional and mass of fire fighting and rescue teams should conduct regular training and exercise.

22nd forests, trees and forest land management unit equipped with part-time or full-time Rangers are responsible for patrolling the forests, management of field fire, reported the fire in a timely manner and assist the relevant authorities investigate cases of forest fires.

23rd local people's Governments at or above the county level shall be in accordance with the distribution of forest resources in the administrative areas and forest fire occurrence, delineation of the area of forest fire prevention, forest fire prevention period provided, and to the public.

Forest fire period, Governments at all levels of forest fire prevention command and forests, trees and forest land management units and individuals should be based on the forest fire danger forecast, take appropriate preventive and preparedness measures.

24th forest fire prevention command people's Governments above the county level shall organize the relevant departments of the forest fire prevention unit of forest fire prevention organizations in the region build, implement the responsibility system of forest fire prevention and forest fire prevention construction for check; the forest fire hazards found during the inspection, local people's Governments at or above the county level forestry authorities should promptly to the relevant mainland authorities issued rectification notices forest fires, ordered corrective action to eliminate hidden dangers.

The units under inspection shall cooperate, may obstruct or interfere with inspection activities. 25th forest fire period, wild in forest fire area by fire is prohibited. For control disease insect rodent, and freeze, special situation does needed field with fire of, should by County Government approved, and according to requirements take fire measures, prevent fire; need into forest fire district for live-fire exercises, and blasting, activities of, should by province, and autonomous regions, and municipalities Government forestry competent sector approved, and take necessary of fire measures; PLA and people armed police forces for disposal burst event and implementation other emergency task need into forest fire district of,

Shall be subject to the approval of the competent authorities, and to take the necessary measures.

26th forest fire period, forests, trees and forest land management units should be set forest fire warning propaganda signs and personnel into its scope of forest fire prevention safety publicity.

Forest fire period, into all kinds of motor vehicles shall, in accordance with the provisions of the forest fire protection district installed fire prevention installations, equipped with fire-fighting equipment.

27th forest fire period, approved by the people's Governments of provinces, autonomous regions and municipalities, forestry authorities, the State Department identified key State-owned forest fire prevention in forest management agencies may set up temporary checkpoints on vehicles entering the area of forest fire prevention and forest fire prevention inspection personnel. 28th forest fire period, the forecast high temperature, drought, wind, fire weather, local people's Governments at or above the county level shall delimit forest high heat is required, provides forest high fire period.

If necessary, the local people's Governments at or above the county level can order as needed, prohibited all field fire; which may cause household fire should be strict management of forest fires.

29th forest high fire risk period, high into the forest fire danger area shall be approved by the local people's Governments at or above the county level, in strict accordance with the approved time, place, scope of activities, and accept the supervision and management departments of local people's Governments at or above the county level forestry.

30th people's Governments above the county level forestry departments and meteorological departments should be according to the needs of forest fire prevention, forest fire monitoring and forecasting in construction of stations, establish Federation mechanisms, forest fire early warning and forecasting in production release information in a timely manner. Forest fire meteorological departments should provide free weather forecasting service.

Radio, television, newspapers, the Internet and other media shall be advertised or published forest fire danger forecast in time.
Chapter III forest fire suppression

31st local people's Governments at or above the county level shall be released to the forest fire, forest fire duty system. No units or individuals found that forest fires, should be reported immediately.

Received a report of the local people's Government or the forest fire prevention command structure should be immediately sent to the scene, investigating and verifying, and take corresponding measures to save, and step by step higher people's Government in accordance with the relevant provisions and forest fire prevention command structure.

Article 32nd following forest fires occurred, provinces, autonomous regions and municipalities of forest fire prevention command shall immediately report the national forest fire prevention directs agencies, reported by the State forest fire prevention command authority in accordance with the State Council, and inform the relevant departments under the State Council:

(A) forest fires near the border;

(B) major, major forest fires;

(C) caused the death of more than 3 people or more than 10 serious forest fires;

(D) the threat of forest fires in residential areas or facilities;

(V) 24 hours has not been put out the forest fire in the open fire;

(Vi) undeveloped forest areas of forest fires;

(G) the provinces, autonomous regions and municipalities directly under the risk of forest fires in the border area;

(H) State support for fighting forest fires.

Mentioned in the first paragraph of this article "above" include the number.

Article 33rd to forest fires, local people's Governments at or above the county level forest fire prevention directs Agency shall immediately start a forest fire emergency; major, major forest fires, the State forest fire prevention command should start immediately significant, particularly significant forest fire emergency plan.

Forest fire emergency plan launched, relating to forest fire prevention command Office shall verify the accurate fire location, scope and wind, wind direction, the fire on the basis of, according to the scene of the fire weather and geographical conditions, determines the Save programme, dividing saves lots, determine save responsible, specific command and specify the owner arrived at the forest fire scene extinguishing forest fires.

Forest fire prevention command authority shall, in accordance with article 34th forest fire emergency plan, unified and commanding extinguishing forest fires.

Forest fire fighting, should adhere to people-oriented, scientific saves, timely evacuate, evacuate people threatened by fire, and fire fighting and rescue personnel safety, do its utmost to avoid casualties.

Article 35th of extinguishing forest fires should be professional fire fighting force as the main force organized troops fighting forest fire fighting, no mobilization of persons with disabilities, pregnant women and minors and other unfit to participate in forest fire suppression personnel. Article 36th armed police forest task force responsible for implementing the national forest fire prevention.

Armed forest forces perform tasks for extinguishing forest fires, local people's Governments at or above the county level shall be subject to fire unified command of the forest fire prevention command; cross forest fire fighting tasks of provinces, autonomous regions and municipalities, should be under the unified command of the national forest fire prevention command.

PLA executive tasks for extinguishing forest fires, in accordance with the relevant provisions of the regulations of the armies participating in emergency rescue and disaster relief execution.

37th to forest fires, relevant departments shall, in accordance with forest fire emergency plans and forest fire prevention directs the unified command, do relevant work of forest fire fighting.

Fire area weather forecast of meteorological departments should provide timely and relevant information, and timely carry out artificial precipitation according to weather conditions.

Transportation departments shall provide priority organizations deliver forest fire fighting personnel and fighting material.

Communications departments provided emergency communications support.

Civil affairs departments should promptly set up shelters and relief supplies outlets, emergency transfer and proper arrangements for victims in quake relief work.

Public security organs shall maintain law and order, police and administration.

Departments such as business, health supplies, medical care and epidemic prevention work.

Article 38th due to forest fire fighting needs, forest fire prevention command may decide to take the people's Governments above the county level to open fire belt, remove barriers, emergency water, traffic control and other emergency measures. Requisitioned materials needed for fighting forest fires, equipment, means of transport, decided by the people's Governments above the county level.

After the end of the fire, and shall promptly return the confiscated materials, equipment and means of transport, and compensation in accordance with the relevant provisions of the law.

39th put out forest fires, fire fighting and rescue teams should conduct comprehensive checks on fire, clean up the fire, and leave enough officers to guard the fire, the local people's Governments and the forest fire command check acceptance, before withdrawal of guards.

Fourth chapter disaster handling

40th article in accordance with the affected forest area and the number of casualties, is divided into general, large forest fires forest fires forest fires, major forest fires and major forest fires:

(A) forest fires: the affected forest area of 1 hectare or forest fire, or below 1 or more 3 deaths or wounded more than 1 of up to 10 people;

(B) the large forest fires: the affected forest area of more than 1 hectare of up to 100 hectares, or more than 3 deaths less than 10, or more than 50 people injured 10 people;

(C) major forest fires: the affected forest area of more than 100 hectares of up to 1000 hectares, or more than 10 deaths of up to 30 people and injured more than 50 people of up to 100 people;

(D) major forest fires: the affected forest area of more than 1000 hectares, or more than 30 people dead or seriously injured more than 100 people.

Mentioned in the first paragraph of this article "above" include the number, "the following" not including the number itself.

41st forestry authority of the people's Governments above the county level shall, jointly with relevant departments of forest fire causes, perpetrators, victims of forest area and volume, casualties, other economic loss survey and assessment, survey report to the local people's Governments; the local people's Governments shall, according to the report, forest fires responsible unit and responsible person, and dealt with according to law.

Forest fire loss assessment standards developed by the forestry authorities, jointly with relevant departments of the State Council.

42nd forestry authority of the local people's Governments at or above the county level should be carried out in accordance with the relevant requirements of forest fire statistics, forestry authorities submitted to the next higher people's Governments and the people's Governments at the corresponding level of statistical agencies and inform the relevant departments under the same level.

Forest fire statistics report by the Forestry Department under the State Council, reported the National Bureau for the record. Article 43rd information by the people's Governments above the county level forest fire forest fire prevention command or the forestry authorities released to the community.

Major, major forest fires information published by the Forestry Department under the State Council.

44th for injured, disabled or killed in forest fire fighting personnel, given medical treatment and compensation in accordance with national regulations. Article 45th in forest fire fighting and rescue personnel loss of subsidies and living allowances and other costs incurred in extinguishing forest fires, by the standards of people's Governments of provinces, autonomous regions and municipalities, paid for by the fire and accident units or individuals; the cause of the fire is not clear, paid for by the affected unit fire interview, individuals ' inability to pay the affected unit or part of, paid for by the local people's Government.

Loss of subsidies and living allowances and other costs incurred in extinguishing forest fires, can be paid for by the local people's Government.

Article 46th after forest fires, forests, trees and forest land management units and individuals should take timely measures in reforestation, restoring burned forests.

The fifth chapter legal liability

47th in violation of these regulations, local people's Governments at or above the county level and its forest fire prevention command body, the people's Government above the county level forestry department or other relevant departments and their staff, have one of the following acts, by its superior administrative body or supervisory organs shall be ordered to correct serious cases, directly responsible in charge and other direct liable persons shall be given disciplinary actions constitute a crime, criminal responsibility shall be investigated in accordance with law:

(A) is not in accordance with the relevant provisions on the establishment of forest fire emergency response;

(B) found the forest fire hazard do not promptly issued rectification notices forest fires;

(C) does not meet the requirements of the forest fire prevention open fires or live-fire drills, blasting and other activities to be approved;

(D) false claim and skimming, or delay reports of forest fires;

(E) failing immediately to take measures for extinguishing forest fires;

(F) failing to perform their duties in other acts.

48th in violation of the provisions of this Ordinance, forests, trees and forest land management units or individuals have not met their responsibility for forest fire prevention, local people's Governments at or above the county level Forestry Department ordered corrective action and for personal penalty of between 500 Yuan more than 5000 Yuan, the unit shall be fined a maximum of between 50,000 yuan and 10,000 yuan.

49th in violation of the provisions of this Ordinance, forest fire forest fire prevention from units or individuals in the district refused to accept the check or received the forest fire hazard rectification notice fails to eliminate fire hazards, local people's Governments at or above the county level Forestry Department ordered corrective action and give a warning, individual and fined a maximum of between 2000 Yuan and 200 Yuan, the unit and more than 5000 Yuan and 10,000 yuan fine.

50th in violation of the provisions of this Ordinance, period without prior approval of forest fire prevention in forest fire prevention field of fire in the area, local people's Governments at or above the county level forestry departments be ordered to desist from the illegal act and give a warning, for individuals and fines of between 200 Yuan more than 3000, the unit and fined a maximum of between 50,000 yuan and 10,000 yuan.

51st in violation of the provisions of this Ordinance, period without approval of forest fire prevention in forest fire prevention areas in the live-fire drills, blasting and other activities, local people's Governments at or above the county level forestry departments be ordered to desist from the illegal act and given a warning and a fine of between 50,000 yuan and 100,000 yuan.

52nd in violation of the provisions of this Ordinance, any of the following acts, local people's Governments at or above the county level Forestry Department ordered corrective action and give a warning, individual and fined a maximum of between 2000 Yuan and 200 Yuan, the unit and fined a maximum of between 5000 and 2000 Yuan:

(A) the period of forest fire prevention, forest, tree, forest management unit set forest fire warning information signs;

(Ii) forest fire period, into the forest fire forest fire prevention device of motor vehicles is not installed;
(C) the high forest fire-danger period, without prior approval of forest high fire zones entered.

53rd in violation of the provisions of this Ordinance, causing forest fires constitute a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, except in accordance with this section 48th, 49th, 50th, 51st, 52nd, shall be investigated for legal responsibility, local people's Governments at or above the county level forestry authorities may order the person to replant trees.

The sixth chapter supplementary articles

54th forest fire-fighting vehicle shall, in accordance with provisions of article spray pattern, installation of alarm and signal lights.

55th People's Republic of China forest fire in the border area, according to People's Republic of China Government signed relevant agreements with the Governments concerned to carry out suppression work; the absence of agreement, by the People's Republic of China Government and consultations with the Governments concerned to handle. 56th article of the regulations come into force on January 1, 2009.

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