Community Fire Service Management Requirements

Original Language Title: 社会消防技术服务管理规定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398672.shtml

Community fire service management requirements

    (February 3, 2014, the Ministry of public security released, 129th come into force May 1, 2014) directory

   Chapter I General provisions

   Chapter II qualifications

   Chapter III qualification

   The fourth chapter fire service activities

   Supervision and administration of the fifth chapter

   The sixth chapter legal liability

    The seventh chapter by-laws

    Chapter I General provisions

    First to standardize the Community fire protection technical services activities, fire technology services market of fair competition, improve the quality of technical services, in accordance with the People's Republic of China Law on fire, these provisions are formulated.

Article People's Republic of China territory of Community fire protection technical services activities, the fire technical service agencies implementing the qualification and supervision and management, these provisions shall apply.

    Fire service agencies in these rules refers to fire-fighting equipment maintenance inspection, fire safety assessment of technical service activities, such as community organizations.

Article technical services agencies and their workers Community fire protection technical services activities shall abide by objective and independent, legal principles of fairness, honesty and credibility.

    Fire technical service providers in these rules refers to law qualified as a registered fire protection engineer and practising in the fire technical service of professional and technical personnel, as well as in accordance with the relevant stipulations of the corresponding fire protection industry-specific types of vocational qualifications, technical service personnel involved in the detection of fire-fighting equipment maintenance operations. Fourth State of fire technical service subject to the qualification system.

    Fire technology services shall obtain the corresponding fire protection technical services certificate (hereinafter certificate), and working in the business scope certificate establish fire protection technical service activities. Fifth shall be encouraged to rely on fire protection Association fire technology services industry association.

Fire technology services industry association industry self-regulation should be strengthened, developed and published the fire technical service industry self-discipline management system and professional standards, promoting integrity, fair competition, to serve the community of practice philosophy, normative practice, promote service quality and against unfair competition and monopoly, and protect legal rights industry, members, promote the healthy development of the industry.

    Fire Protection Association, fire technology services industry association shall not engage in profit-making Community fire protection technical services activities shall not engage in or by the fire technical service industry monopoly.

    Chapter II qualifications

    Sixth fire facilities maintenance inspection qualification into the first tier, second-and third-level, qualification of fire safety assessment bodies are divided into tier I and Tier II.

Seventh fire equipment maintenance testing institution three qualifications shall satisfy the following conditions:

(A) the status of enterprise legal persons, registered capital of more than 300,000 yuan;

(B) the maintenance rooms meet the requirements of maintenance of varieties and quantities of fire extinguishers, and more than 100 square meters;

(C) fire extinguisher maintenance and business scope of the instruments, equipment and facilities;

(D) the registered fire engineer or more, five or more persons with fire extinguisher maintenance skills;

(E) a sound quality management system;

    (Vi) other conditions stipulated by laws and administrative regulations.

Eighth fire facilities maintenance testing secondary qualifications shall satisfy the following conditions:

(A) the status of enterprise legal persons, registered capital of 2 million Yuan, places more than 200 square meters;

(B) commensurate with the scope of fire-fighting equipment maintenance testing instruments, equipment and facilities;

(C) the registered fire engineer with six or more, at least three people including a registered fire protection engineer;

(D) the operator made above intermediate skill levels build (structures) fire fighter professional qualifications, high skill level is at least 30% above;

(E) improve the quality management system;

    (Vi) other conditions stipulated by laws and administrative regulations.

Nineth fire equipment maintenance testing organization level qualifications shall satisfy the following conditions:

(A) secondary qualifications made fire-fighting equipment maintenance inspection institutions for more than three years, and no illegal practice within three years before the date of record;

(B) the registered capital of 4 million Yuan, places more than 300 square meters;

(C) commensurate with the scope of fire-fighting equipment maintenance testing instruments, equipment and facilities;

(D) ten or more registered fire protection engineer, at least six people including a registered fire protection engineer;

(E) the operations personnel above intermediate skill level achieved was built (structures) fire fighter professional qualifications, high skill level is at least 30% above;

(Vi) to improve the quality management system;

(VII) within three years before the date of filing at least 20 monomers with automatic fire-fighting equipment construction area of 20,000 square meters of industrial buildings, construction of fire-fighting equipment maintenance inspection activities;

    (VIII) other conditions stipulated by laws and administrative regulations.

Article tenth of fire safety assessment agency secondary qualifications shall satisfy the following conditions:

(A) legal persons, registered capital of 2 million Yuan, places more than 100 square meters;

(B) adapt to fire safety assessment of business equipment, facilities and necessary conditions for technical support;

(C) the registered fire protection engineer for eight or more people, at least four people including a registered fire protection engineer;

(D) the sound of fire safety assessment process control system;

    (V) other conditions stipulated by laws and administrative regulations.

11th fire safety assessments institutional level qualifications shall satisfy the following conditions:

(A) fire safety assessment agency secondary qualifications achieved for more than three years, and no illegal practice within three years before the date of record;

(B) the registered capital of 4 million Yuan, places more than 200 square meters;

(C) adapt to fire safety assessment of business equipment, facilities and necessary conditions for technical support;

(D) the registered fire engineer 12 people or more, at least eight people including a registered fire protection engineer;

(E) the sound of fire safety assessment process control system;

(F) within three years before the date of filing at least ten individual area more than 30,000 square meters of industrial buildings, building fire safety assessment activities;

    (VII) other conditions stipulated by laws and administrative regulations. 12th a fire services technical services technical services can be simultaneously achieved two or more fire qualification.

Simultaneously two or more qualifications of technical services, subject to the following conditions:

(A) the registered capital of no less than to be at the same time made the individual qualifications of registered capital and 80%, and shall not be less than 5 million Yuan;

(B) the places more than 300 square meters;

(C) the number of registered fire engineer qualification requirements for the individual to be registered at the same time made the number of registered fire engineer and 80%, and the number shall not be lower than any of the individual qualifications;

    (D) proposed at the same time made the individual qualifications of other conditions.

13th before the implementation of these provisions has been engaged in the fire-fighting equipment maintenance inspection, fire safety assessment activities for more than three years, and in accordance with the provisions set forth in the Nineth, 11th in qualifications (except for two qualified experience), within six months from the date of implementation of these provisions to apply for a temporary level qualification.

    Interim level qualification is valid for two years, after the expiration of the term, can apply for corresponding qualification in accordance with these provisions. 14th level qualification of fire safety assessment bodies practising in the country.

    Other fire technology service organizations can license the provinces, autonomous regions and municipalities within the scope of practice.

15th to the following conditions of qualification of fire-fighting equipment maintenance testing organizations across provinces, autonomous regions and municipalities directly under the practice, but it should be in relation to the practice of provinces, autonomous regions and municipalities to set up branches:

(A) to acquire a qualification more than two years, within two years the date of application has no record of illegal practice;

(B) ten or more registered fire protection engineer, at least eight people including a registered fire protection engineer, practice of excluding intends to transfer to a branch office registered fire services engineer and has set up a branch of a registered fire protection engineer.

Proposed branches number of registered fire protection engineer shall be not less than the fire technical service institutions applied for 80% the number of registered fire engineer qualification requirements, and meet the other conditions of the corresponding qualification of fire protection technical services.

    Technical Services Branch should be on fire qualification within the practitioner in the Branch Office.

    Chapter III qualification

    16th fire technology services qualification approved by the provincial-level public security fire control institutions; to be approved fire safety assessment institutional level qualifications, written by the Ministry of public security fire Bureau review.

Article 17th fire qualification of technical service providers, to the locality of provincial-level public security fire control institutions shall submit the following documents:

(A) fire protection technical service qualification application form;

(B) the copy of the business license and other legal documents;

(C) legal regulations and copy of ID card of the legal representative;

(D) the directory of practitioners, registered fire engineer qualification certificate and ID card and social insurance certificates, fire industry-specific types of professional qualification certificate, copy of the labor contract;

(E) capital verification certificate, copy of proof of the ownership of places, the main list of apparatus, equipment, facilities;

(Vi) the quality management documentation;

(VII) other materials stipulated by laws and administrative regulations.

    Application-level qualifications, should also be submitted to two qualified certificates and requests within three years before the date of the fire technical service project directory.

18th fire technical service organizations applying for establishing a branch office shall be made to the proposed establishment of branches of the provincial public security fire control institutions submit the following materials:

(A) the fire technical service for establishing a branch application form;

(B) a copy of the certificate of qualification;

(C) belongs to a registered fire protection engineer summary, registered fire engineer qualification certificate and insurance certificate and copy of ID card;

(D) list of branches of the employees and their ID card, the registered fire engineer qualification certificate, social insurance certificates, fire industry-specific types of professional qualification certificate, copy of the labor contract;

(E) branches of the capital verification certificate, copy of proof of the ownership of places, the main list of apparatus, equipment, facilities;

(Vi) the quality management documents, branch management approach;

    (VII) other materials stipulated by laws and administrative regulations.

    19th article provincial police organ fire institutions received application Hou, on application material complete, and meet statutory form of, should issued accepted voucher; not accepted of, should issued not accepted voucher and contains Ming reason; application material not complete or not meet statutory form of, should spot or in 5th within once told applicants need correction of all content, late not told of, since received application material of day up that for accepted. After the 20th of provincial level public security fire control institutions to accept the application, shall from the date of acceptance of the administrative licensing decisions are made in the 20th.

20th cannot make a decision, approved by the heads of provincial-level public security fire control institutions, extension of the 10th, and will inform the applicant of the reasons for such further period. To be awarded a qualification certificate of fire safety assessment agencies, provincial-level public security fire control institutions shall from the date of acceptance of the application review is completed within the 20th and reported the Ministry of Public Security Bureau will review the comments and application materials.

Ministry of public security fire Bureau shall review the comments received within 10th of completed reviews.

    Make a licensing decision, shall take a decision within 10th of the applicants will be issued qualification certificates, service; not to permit shall issue a written decision of no permission and shall record the reasons.

21st public security fire control institutions shall organize during the approval period expert review, the applicant's premises, equipment, and facilities for field verification. Specialists in time do not calculate the approval within the time limit, but cannot exceed 30th.

    Expert review and the specific measures formulated and promulgated by the Ministry of public security fire Bureau. 22nd article includes an original and a copy of the certificate of qualification, model developed centrally by the Ministry of public security, copy of the original and has the same legal effect.

Certifications are valid for three years.

    Applicants receive fire-fighting equipment maintenance inspection, fire safety assessment level qualification certificate, secondary qualification certificates should be returned to the issuing authority for cancellation. 23rd the fire technical service of certificate expiration needs to renewal, shall, on the expiry of three months ago apply to the licensing of public security fire control institutions.

Original license public security fire control institutions shall, in accordance with the provisions of article 19th and 20th review procedure provided for in article, if necessary, can be carried out on-site verification.

    After review, fire technical service organization no longer meets the qualifications, or the validity of the certificate has three or more violations of this provision in the 47th, 50th article behavior, not process the renewal procedure.

24th fire technology services organization's name, address, registered capital, the change of the legal representative, shall apply to the licensing of public security fire control institutions in the 10th change procedures.

Fire service agencies lost certificates, to the original license public security fire control institutions shall apply for a replacement.

    Original license public security fire control institutions after accepting an application for modification, replacement certificates, should be reviewed and completed within the 5th since the date of acceptance.

    The fourth chapter fire service activities

25th fire technical service providers and their employees shall, in accordance with laws and regulations, technical standards and codes of practice, the following socio-technical services activities, and is responsible for quality of service:

(A) the qualification of fire-fighting equipment maintenance testing organizations can engage in production and enterprise licensing fire extinguisher inspection, repair, replacement fire extinguishing agent and recovery activities; a qualification, two qualified fire equipment maintenance testing organizations can engage in building fire protection facilities inspection, repair and maintenance activities;

    (B) regional fire safety fire safety assessment bodies can engage in assessment, community fire safety assessment, fire safety assessment of large-scale activities, special design scheme of fire safety assessment activities, and fire control laws and regulations, technical standards on fire, fires hidden aspects of activity. Article 26th level qualification, temporary fire equipment maintenance level qualification testing organizations can engage in various types of construction of building fire protection facilities inspection, repair and maintenance activities.

Grade a, temporary level qualification of fire safety assessment bodies can engage in various types of fire safety assessment and advisory activities. Secondary qualification of fire-fighting equipment maintenance testing organizations can engage in single area of 40,000 square meters of construction, fire risk as a class c factory and warehouse building fire protection facilities inspection, repair and maintenance activities.

    Secondary qualification can engage in social units of the fire safety assessment of fire safety assessment and fire control laws and regulations, technical standards on fire, fires hidden aspects of the advisory activities.

    27th fire equipment maintenance inspection body shall, in accordance with national standards, industry standard technology and processes to carry out inspection, repair, maintenance, guarantee the repair and maintenance of building fire protection facilities, the quality of fire extinguishers in accordance with national standards and industry standards. 28th the fire technical service organization shall enter into labor contracts with practitioners, strengthen the management to their employees.

Registered fire protection engineer shall simultaneously practising in two or more community organizations.

    Fire technical service departments registered fire engineer change shall be adopted within the 5th community fire protection technical service information system to record. 29th fire technical service shall set up a technical leader, the fire technical service quality supervision and management of this body, technical audit of written concluding document on the issue.

    Technical Director should have a registered fire protection engineer, level of intelligence, two qualified fire protection technical services technical lead should have class a registered fire protection engineer. 30th fire technical service organizations to undertake business should fire technology services contracts with the clients, and project leaders.

Project leader should have the appropriate registered fire engineer qualification.

    Fire technical service providers may not subcontract, subcontractor fire technology services projects.

31st article written conclusion issued by the fire technical service of documents shall be kept by the Technical Director, head of project sign, and stamped with the seal of the fire technical service providers.

    Fire protection for fire-fighting equipment maintenance testing organizations to facilities, after the repair and maintenance of fire extinguishers, shall be made containing the fire technical service providers name and identification of the project manager, repair and maintenance information such as the date, in fire-fighting equipment is located on the building's prominent location, fire extinguisher be publicized.

    Article 32nd fire equipment maintenance testing qualification issued by a company for its construction projects completion of acceptance inspection for fire safety installations, shall not be used as the project owner to apply for construction fire safety inspection certificate.

    33rd technical services shall, on the date of the fire technical service project in the 5th through the fire technical service of fire service information system project directory and issue a concluding document shall be filed in writing.

34th fire technical services services should be an objective, true, complete records, established by the fire technical service of fire technology services archives.

    Special design scheme of fire safety assessment archive retention for long, fire extinguisher maintenance records kept for a period of five years, other fire service archives for a period of 20 years.

    35th fire technical service providers shall, in their premises prominently publicized qualification certificates, business licenses, procedures, fees, fee basis, codes of practice, the registered fire engineer qualification certificate, complaints and other matters.

    36th fire technical service fee shall comply with the provisions of laws and regulations on price control.

37th fire technical service organizations engaged in community fire protection technical service activities shall not be any of the following acts:

(A) without a corresponding qualification, engaged in the fire technical service activities without authorization;

(B) issues a false, false documents;

(C) alter, resell, rent, lend or in any other form of illegal transfer of certificate of qualification;

(D) disclose the principal commercial secrets;

(E) assign qualified employees engaged in fire-free technical service activities;

    (Vi) other behaviors prohibited by laws, rules and regulations.

    Supervision and administration of the fifth chapter

38th public security fire control institutions above the county level in accordance with the relevant laws and regulations and these regulations, the fire technical service within the administrative area of community activity monitor.

    Fire service agencies in China and its supervision and administration of public security fire control institutions shall assist and cooperate with and shall not refuse or obstruct.

39th public security fire control institutions above the county level should be combined with daily fire fighting supervision and inspection work, the fire technical service quality supervision.

    Citizens, legal persons and other organizations on the fire technical service institutions and its practice in China reports, complaints, public security fire control institutions shall be verified, processed in a timely manner.

    40th public security fire control institutions to find that the fire technical service of illegal practice, shall be ordered to immediately correct or rectify and investigate and punish the illegal practice facts, results, treatment recommendations public security fire control institutions notify the original permit.

    41st public security fire control institutions find that the fire service after obtaining the qualification no longer meets the appropriate qualifications, shall be ordered to rectify, correct period shall not be engaged in community fire protection technical service activities.

42nd public security fire control institutions for abuse of power, dereliction of duty to approve the fire technical service qualification, licensing of public security fire control institutions or its superior public security fire control institutions, according to the request of the interested party or ex officio, may revoke the qualification of technical services.

    Public security fire control institutions and their staff shall not set up any technical services, shall not participate in fire protection technology sector, business activities, shall not be designated or disguised specifies the fire technical service, and may not abuse its administrative power to eliminate or restrict competition.

43rd fire technical service of any of the following circumstances, permission from the public security fire control institutions shall cancel its qualifications:

(A) to apply for the cancellation;

(B) ceased to practise on their own for more than a year;

(C) voluntary dissolution or termination in accordance with law;

(D) the expiry date of the certificate is not renewed;

(E) the qualification certificate of qualification is cancelled or is revoked;

    (Vi) other circumstances as stipulated by laws and administrative regulations.

    Article 44th of provincial level public security fire control institutions shall set up and perfect the social technical service information system, announced the fire technical service organization and a registered fire protection engineer for information, publishing, integrity and oversight of practice management information, and to provide the community with information about the query service.

    The sixth chapter legal liability

45th applicant to hide relevant information or provides false information to apply for qualification, public security fire control institutions shall not accept or not to leave, and warned applicants may not apply again in a year.

    Applicant qualification obtained by fraud, bribery or other improper means, the original license public security fire control institutions shall revoke his qualification, and fined a maximum of 20,000 yuan and 30,000 yuan applicants allowed to re-apply in three years.

46th fire technical services in violation of this provision, any of the following circumstances shall be ordered to correct, fined a maximum of 20,000 yuan and 30,000 Yuan:

(A) without qualification, without engaging in socio-technical services activities;

(B) the qualification is written off according to law, continue to engage in socio-technical services activities;

    (C) the fraudulent use of other social and technical services organization engaged in community fire protection technical service activities.

47th fire technical services in violation of this provision, any of the following circumstances, correction, fines of between 10,000 yuan and 20,000 Yuan:

(A) go beyond the scope of the qualification to engage in socio-technical services activities;

(B) no longer meets the qualifications, rectification is not correct or continued during the correct period engaged in community fire protection technical service activities;

(C) alter, resell, rent, lend or in any other form of illegal transfer of certificate of qualification;

(D) belongs to a registered fire protection engineer at the same time practising in two or more community organizations;

(E) assignment without qualified practitioners engaged in community fire protection technical service activities;

(F) subcontracting, subcontracting technical services.

    The fourth item of the preceding paragraph acts registered fire protection engineer, fines of between 5,000 yuan and 10,000 yuan.

48th fire technical services in violation of this provision, any of the following circumstances, correction, fines of between 10,000 Yuan:

(A) the established technology leader, no clear project leader;

(B) issue a written conclusion file is not signed and sealed;

(C) undertake business according to law fire technology services contracts with the client;

(D) no records registered fire engineer changes or fire technology services directory, issued a written conclusion;

(E) do not apply for change;

(F) has not been established and the maintenance of fire-fighting service records;

    (VII) an unpublicized, registered fire engineer qualification certificate qualifications and other matters.

49th article fire technology service institutions issued false file of, ordered corrected, at 50,000 yuan above 100,000 yuan following fine, and on directly is responsible for of competent personnel and other directly responsibility personnel at 10,000 yuan above 50,000 yuan following fine; has illegal proceeds of, and at confiscated illegal proceeds; plot serious of, by original license police organ fire institutions ordered stop practice industry or revoked corresponding qualification certificate.

    Technical Services Agency issued false documents on fire, resulting in heavy losses, by the permission of public security fire control institutions shall be ordered to stop practicing or revoke the corresponding certificate.

50th fire equipment maintenance testing organization in violation of the provisions of article, any of the following circumstances, correction, fines of between 10,000 yuan and 30,000 Yuan:

(A) is not in accordance with national standards, industry standards, inspection, repair and maintenance of building fire protection facilities, fire extinguishers;

(B) repair and maintenance of building fire protection facilities, fire extinguisher quality does not meet national standards, industry standards.

    Fire-fighting equipment maintenance inspection authority is not in accordance with these regulations in their repairs, maintenance of fire-fighting equipment building where the striking position or publicity on fire extinguishers fire protection technical service information, correction, fines of between 5,000 yuan.

    51st fire technical service institutions violate the provisions of this Act, cause damage to others shall bear liability through repair and maintenance of building fire protection facilities does not run correctly, does not play its due role when there is a fire, resulting in injury, death, loss, a heavier punishment constitutes a crime, criminal responsibility shall be investigated according to law.

    52nd the provision of the administrative punishment except as provided in this provision, a public security fire control institutions above the county level by the illegal decision.

    53rd fire technical services agencies and their employees to the public security fire control institutions in the supervision and administration of fire service in specific administrative acts, may apply for administrative reconsideration or bring an administrative suit.

    The 54th public security fire control institutions staff or disguised form of specifying the fire technical service organizations, used his position to receive units or personal property, or other acts of abuse of power, negligence, malpractice, disciplined in accordance with the relevant provisions constitutes a crime, criminal responsibility shall be investigated according to law.

    The seventh chapter by-laws

    55th warranty maintenance of the fire prevention facilities by the construction unit, these rules do not apply. 56th fire before the implementation of these provisions has been engaged in community service activities of social organizations, shall within six months from the date of implementation of these provisions, in accordance with the conditions and procedures for the application of the appropriate qualification.

    Fails to apply for or audited after application do not meet the qualification, continue to engage in socio-technical services activities, punished in accordance with the provisions of this article 46th, and announced to the public.

    57th in the present provisions of "day" refers to working days, excluding holidays; the "upper" and "lower" are included in this figure.

    58th instruments needed to carry out the provisions in article style, and fire service agencies should be equipped with a list of instruments, equipment, facilities, developed by the Ministry of public security. 59th these provisions come into force on May 1, 2014.