Fire Supervision And Management Of Construction Engineering Requirements

Original Language Title: 建设工程消防监督管理规定

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Fire supervision and management of construction engineering requirements

    (Released April 30, 2009 the Ministry of public security, the 106th since as of May 1, 2009) directory

    Chapter I General provisions

    Chapter II fire protection design and construction of quality responsibility

    Chapter III fire protection design approval and fire control acceptance

    The fourth chapter record check of fire protection design and acceptance of

    The fifth chapter law enforcement and supervision

    The sixth chapter legal liability

    The seventh chapter by-laws

    Chapter I General provisions

    First in order to strengthen fire supervision and management of construction projects, and implementation of building fire protection design and construction engineering quality and safety responsibilities, standardize fire supervision and management, according to the People's Republic of China Law on fire, the construction engineering quality management regulation, this provision is enacted.

    Provisions of this article apply to new construction, expansion, renovation (including interior decoration, use change), fire supervision and management of the construction project.

    Residential interior decoration, this provision does not apply the villagers build their own homes, disaster relief and other temporary buildings-building activities.

    Article building, designing, construction, construction supervision and other units shall comply with fire regulations, national fire protection standards, construction design, construction quality and safety.

    Public security fire control institutions to implement fire of construction engineering design review, inspection and record keeping, spot checks. Article fourth among public security fire control institutions of people's Governments of provinces, autonomous regions, and local people's Governments at or above the county level public security fire control institutions area fire protection design of the construction project auditing, inspection and record checks work.

    Division of labour is determined by provincial-level public security fire control institutions, and reported to the Ministry of public security fire Bureau.

    Fire safety design for construction of the trans-audit, inspection and record checks, by the common level of public security fire control institutions to exercise jurisdiction.

    Fifth public security fire control institutions to implement fire supervision and management of construction projects shall follow the principles of Justice, strict, civilized and efficient.

    Construction of the sixth fire design and construction must comply with national fire protection technical standard of engineering construction.

    New national construction before the implementation of technical standards on fire, fire protection design of the construction project has been public security fire control institutions examination or filing, respectively, according to the original review comments or filing standards.

    Article seventh public security fire control institutions for fire protection design of construction project auditing, inspection and record checks should be carried out by at least two law enforcement officers.

    Chapter II fire protection design and construction of quality responsibility

    Eighth construction units shall not be required to design, construction, supervision and other relevant entities and persons violating the fire code and the national construction fire protection technical standard, lower the quality of building fire protection design and construction engineering, and fire protection design and construction quality of the following responsibilities:

    (A) shall apply to fire control design of construction project auditing, inspection, according to fire protection design and acceptance filing procedures and accepting checks; construction set in public gathering places without fire safety checks or not complying with the safety requirements by the inspection shall not be put into use, business;

    (B) the implementation of project supervision of construction projects, fire should be together construction quality supervision;

    (C) selected for their qualifications prescribed by the State unit of fire protection design and construction;

    (D) the selection of qualified fire protection products and meet the requirements of fire resistance of building components, construction materials and interior decoration materials;

    (E) according to law shall be subject to design review, inspection of construction works, unaudited or audited is not qualified, may organize construction, unqualified acceptance or acceptance shall not be delivered.

    Nineth quality responsibility of the fire control design of design unit shall bear the following:

    (A) according to the fire code and the national fire protection technical standards for fire protection design of engineering construction, prepared to meet the requirements of fire safety design document, must not violate the requirements of the national fire protection technical standard of engineering construction compulsory for design;

    (B) used in the design of fire protection products and fire performance requirements for building components, building materials, interior decoration materials, specification, performance specifications to be indicated, the quality requirements must conform to the State standards or industrial standards;

    (C) participation in employer organizations of construction engineering completion approval, implementation of the fire protection design of construction projects to sign it.

    Tenth construction unit shall bear the following fire of construction quality and safety responsibilities:

    (A) in accordance with the national construction technical standards on fire and fire protection design examination or for the record fire construction design documents, without changing the fire-fighting design for construction, reduce the construction quality of fire;

    (B) inspection of fire protection products and fire performance requirements of building components, the quality of construction materials and interior decoration materials, qualified products to ensure construction quality of fire; (C) establish a construction site fire safety responsibility system and determining fire safety Director. Strengthen fire education and training to construction personnel, implementation of fire, electricity, flammable combustible materials such as fire management policies and procedures.

    Ensure the construction before the final acceptance of fire exits, fire water, fire service installations and equipment, fire safety signs in good working condition.

    11th the construction supervising units shall undertake the following responsibilities of construction quality supervision of fire services:

    (A) in accordance with the national construction technical standards for fire and fire protection design examination or filing of design files implemented project management

    (B) fire and fire performance requirements for building elements, building materials, interior decoration materials, construction, installation, verify product quality certificate, must not agree to use or install fire and fire performance does not meet the requirements of the building, building materials, interior decoration materials;

    (C) participation in employer organizations of construction engineering completion approval, construction engineering construction quality sign of fire.

    12th fire protection design and acceptance to provide drawings for construction engineering reviews, safety assessment, detection, and fire service agencies and personnel, shall obtain a relevant qualification, qualification, in accordance with the laws and administrative regulations, national standards, industry standards and the standards of practice provided fire service and issued by the responsible for the review, assessment, inspection and testing of.

    Chapter III fire protection design approval and fire control acceptance

    13th on crowded places that have any of the following circumstances, the construction unit shall apply to the public security fire control institutions fire protection design examination, and after the completion of the construction project to the fire protection design examination opinions issued by public security fire control institutions to apply for inspection:

    (A) building stadiums, halls of the total area of more than 20,000 square meters, public exhibition, the exhibition hall of the Museum;

    (B) the total construction area of over 15,000 square metres of civil airport terminal passenger waiting room of the station, ferry terminal, and houchuanting;

    (C) the total area more than 10,000 square meters of hotels, restaurants, shopping malls, markets;

    (D) more than 2,500 square meters of total area theaters, public library reading room, commercial indoor Fitness, leisure complex, hospital outpatient service building, University teaching building, library, canteen, labour-intensive production and processing workshop, temples, churches;

    (E) the total building area of more than 1000 square meters room for children in nurseries, kindergartens, children's Arcade, indoor children activities, homes for the aged, welfare institutions, ward of the hospital, nursing homes, primary and middle school teaching building, library, cafeteria, school dormitories, labor-intensive enterprises employee dormitories;

    (F) buildings with a total area larger than 500 square meters of dance halls, video halls, theaters, karaoke bars, nightclubs, recreation Hall, sauna, an Internet point, a bar, restaurants, teahouses, coffee shops with entertainment features.

    Article 14th on special projects that have any of the following circumstances, the construction unit shall apply to the public security fire control institutions fire protection design examination, and after the completion of the construction project to the fire protection design examination opinions issued by public security fire control institutions to apply for inspection:

    (A) the features listed in this article 13th crowded places of construction works;

    (B) the State Office building, electric operation, telecommunications building, post office building, disaster command and control buildings, radio and television building, file building;

    (C) of this article, except as provided in the second building area more than 40,000 square meters of other public buildings or building more than 50 meters high;

    (D) urban rail transportation, tunnels, large power plants, power transformation and distribution engineering;

    (E) the production, storage, loading and unloading of inflammable and explosive dangerous goods factories, warehouses and private stations, terminals, inflammable gas and liquid filling station, station, pressure regulating station.

    15th construction application fire protection design approval shall provide the following documents:

    (A) the fire control design of construction project auditing returns;

    (B) the construction unit of the business license and other legal proof of identity;

    (C) construction project planning permit for construction and expansion project documents;

    (D) the design qualification certificate;

    (E) the design file.

    Article 16th has any of the following circumstances, 15th construction unit in addition to the provisions listed in section materials, should also provide special fire-fighting design of technical solutions and explanations, or designed using international standards, technical standards on fire outside the Chinese texts, as well as other related fire protection design of application examples, product descriptions, technical information, such as:

    (A) fire protection technical standard of engineering construction does not require the;

    (B) fire-fighting design document proposes to adopt new technology, new processes and new materials may affect the fire safety of construction projects, does not meet the requirements of the national standard;

    (C) intends to adopt international standards or technical standards on fire outside. 17th public security fire control institutions shall from the date of accepting an application for fire-fighting design in the 20th issue a written opinion.
Pursuant to these provisions required the Organization of expert reviews, expert review time does not count in the review period.

    18th public security fire control institutions shall, in accordance with fire regulations and requirements of the national fire protection technical standard of engineering construction compulsory to declare fire design documents for review.

    To comply with the following conditions, public security fire control institutions shall provide fire protection design examination of views does not meet the requirements, shall issue a design approval unqualified opinion, and explain the reasons:

    (A) construction project planning permit new projects have achieved;

    (B) the design unit with the corresponding qualifications;

    (C) fire design documents meet the requirements of the Ministry of public security fire design document reporting requirements;

    (D) the General plane layout of the building and floor, fire resistance rating, building construction, evacuation, fire-fighting water supply, fire power and power distribution, fire-fighting equipment such as fire protection technology designed to meet national engineering construction standard compulsory requirements;

    (E) use of fire and fire performance requirements of building materials in line with the national construction fire protection technical standards and related regulations.

    Article 19th of the 16th provided one of the construction projects, public security fire control institutions shall accept an application for fire design review within 5th of application materials submitted to the provincial people's Government public security fire control institutions specialists in the field. Provincial public security fire control institutions shall in the 30th from the date of receipt of the application materials in conjunction with the housing and urban-rural construction Administrative Department to convene expert, reviewed the programme submitted by the employer fire technology. Experts participating in the review should have senior professional titles, should not be less than the total of seven people, and shall provide expert review comments.

    Experts have different views on which shall be indicated.

    The provincial public security fire control institutions shall 5th expert after expert review opinions written notice to submit application materials for public security fire control institutions, and shall file with the Ministry of public security.

    Two-thirds the above reviewer agreed with the fire technology program, accepts the application for fire-fighting design of fire control design of public security fire control institutions shall issue a qualified opinion. Article 20th building, designing, construction may be supplemented, modified by public security fire control institutions audited qualified fire protection design of construction projects.

    Necessitates modification, the construction unit shall provide fire protection design examination opinions issued by public security fire control institutions reapply for fire protection design of audit.

    21st construction inspection the applicant shall provide the following materials:

    (A) the application form for inspection of construction engineering;

    (B) the project completion report;

    (C) fire safety product quality certificate;

    (D) fire-resistant performance of building elements, building materials, interior decoration materials in accordance with national standards or trade standards documents, factory certificate;

    (E) fire safety facilities, electrical fire: measurement certificate;

    (Vi) construction, project supervision, inspection unit the legal status and qualification supporting documents;

    (VII) other materials are required by law to provide.

    22nd public security fire control institutions shall accept an application for inspection within 20th day of organized fire inspection and issue a fire inspection.

    23rd public security fire control institutions to declare the fire inspection of the construction should be in accordance with the standard for fire inspection and assessment of building engineering fire protection design examination organization has fire inspection.

    On comprehensive assessment conclusions for eligible projects, public security fire control institutions shall provide fire control acceptance comment; the conclusion of comprehensive assessment to be ineligible shall issue a fire inspection unqualified opinion, and explain the reasons.

    Article 24th through the fire-fighting design of high-rise buildings, underground projects, and the use of new technologies, new processes, new materials, construction projects, public security fire control institutions shall focus on supervision and inspection, supervise implementation of the fire safety of construction and quality responsibility.

    The fourth chapter record check of fire protection design and acceptance of

    25th article on this provides 13th article, and 14th article provides yiwai of construction engineering, units should in made construction license, and engineering completed acceptance qualified of day up 7th within, through provincial police organ fire institutions website of fire design and completed acceptance record accepted system for fire design, and completed acceptance record, or submitted paper quality record table by police organ fire institutions entry fire design and completed acceptance record accepted system.

    26th article police organ fire institutions received fire design, and completed acceptance record Hou, should issued record voucher, and through fire design and completed acceptance record accepted system in the preset of checks program, random determine checks object; was checks to of units should in received record voucher of day up 5th within according to record project to police organ fire institutions provides this provides 15th article or 21st article provides of material. Public security fire control institutions shall receive the fire design, acceptance from the date of filing within the 30th in accordance with fire regulations and requirements of the national fire protection technical standard of engineering construction compulsory completion of drawings check, or in accordance with the standard for inspection and assessment of construction engineering completion check, making checking records.

    Inspection results should be in the fire protection design and acceptance notice in the filing system.

    27th fire control design of public security fire control institutions found not qualified, shall notify the employer in writing within the 5th corrections; has started construction, and shall be ordered to stop construction. Construction unit after receipt of the notification, shall stop the construction, modified to fire design Organization sent public security fire control institutions for review.

    Review on fire-fighting design meets the requirements of national fire protection technical standard of engineering construction compulsory, public security fire control institutions shall issue a written review comments, inform the owner resumes.

    28th public security fire control institutions when implementing acceptance sampling, found violations of the fire code and the national fire protection technical standard of engineering construction compulsory requirements or reducing the construction quality of fire, shall notify the employer in writing within the 5th to correct it. Construction unit after receipt of the notification, shall stop the use, organization after rectification to the public security fire control institutions for review.

    The review meets the requirements of public security fire control institutions shall issue a written review comments, inform the unit back.

    Article 29th fire of construction engineering design, acceptance of failing to report record of public security fire control institutions, public security fire control institutions shall be punished according to law, and ordered the construction unit in the 5th record, and into the scope of checks; for those who do not record, public security fire control institutions shall record the expiry date of notification within the 5th unit, ordered to stop the construction, use.

    The fifth chapter law enforcement and supervision

    Article 30th superior public security fire control institutions at lower levels of public security fire control institutions fire supervision and management of construction engineering supervision, inspection and guidance.

    31st a public security fire control institutions go through the fire of construction engineering design reviews, fire inspection, exercise primary responsibility the contractor, technology review, examine the separation and mass triage system.

    Fire control design of public security fire control institutions to implement audit and fire inspection of the primary responsibility undertaker, technology review and administrative examination and approval shall be in accordance with the duties of fire is responsible for the quality of law enforcement. 32nd provincial-level public security fire control institutions shall set up on the Internet fire protection design and acceptance for the record system, combined with the number of construction projects in the area and fire design, construction quality, unified procedures for determining the fire protection design and acceptance for the record the preset and random checks and periodic checks of the record, check the implementation.

    Operating personnel-intensive site inspection of the construction project should not be less than 50%.

    Public security fire control institutions and persons should be in accordance with the provisions of construction fire protection design and acceptance the implementation record checks are not allowed to identify random objects.

    Article 33rd fire design review, fire inspection, record checks of public security fire control institutions staff are applicants, close relatives of the interested person or the applicant, interested parties have other relationships may affect to be fair, should be avoided.

    Article 34th public security fire control institutions receiving citizens, legal persons and other organizations relating to construction project violates fire laws and regulations and national fire protection technical standard of engineering construction report should be organized within the 3rd person verification, verification shall timely inform the informers.

    35th public security fire control institutions when implementing the fire supervision and management of construction projects shall be placed on the fire technical service agencies, fire protection products setting laws and regulations other than the regional conditions of access. Article 36th public security fire control institutions and their staff shall not be designated or disguised form of specifying construction design, construction, project supervision and fire technical service providers. Not specify a unit of fire protection products and the brands, sales of building materials.

    Shall not participate in or interfere with construction fire-fighting equipment construction, fire protection products and building materials procurement bidding activity.

    37th fire control design of public security fire control institutions to implement audit, inspection and record keeping, spot checks shall not charge any fee.

    Article 38th public security fire control institutions of fire supervision and management of construction engineering basis, scope, conditions, procedures, deadlines and the need to submit all materials catalog and application demonstration text should be in public Internet sites, reception sites, Office space.

    Fire-fighting design review, fire inspection and record inspection results, apart from other than State secrets, business secrets and personal privacy, should be made public, the public right of access.

    Fire protection design examination of 39th, fire control acceptance of any of the following circumstances, permits issued by public security fire control institutions or by a superior public security fire control institutions, according to the request of the interested party or ex officio, and can be legally revoked:

    (A) is not eligible or not in compliance with the statutory requirements of the applicant;

    (B) the units obtained by fraud, bribery or other improper means;

    (C) public security fire control institutions exceeded the legal responsibilities and authorities;

    (D) violation of legal procedures by public security fire control institutions;
(E) public security fire control institutions of personnel who abuse their powers, neglect their duties.

    Fire protection design examination in accordance with the provisions of the preceding paragraph revoked, fire control acceptance, may cause significant harm to the public interest, it shall not be annulled.

    40th citizens, legal persons and other organizations on fire supervision and management of construction engineering public security fire control institutions in the specific administrative acts, may apply to the public security organs of the people's Governments at the corresponding level of administrative review.

    The sixth chapter legal liability

    41st violate the provisions of this article, in accordance with the People's Republic of China Law on fire article 58th, 59th, 65th, 66th, 69th in the second paragraph provides for penalties to constitute a crime, criminal responsibility shall be investigated according to law.

    Construction, engineering, design, construction supervision, technical services agencies and their employees violate the fire code, national fire protection technical standard of engineering construction, resulting in harmful consequences, apart from the administrative penalties or criminal responsibility shall be investigated according to law, and shall bear civil liability.

    42nd employer when applying for the fire control design of audit, inspection, provides false materials, public security fire control institutions shall not accept or grant permission, and warning.

    Article 43rd in violation of the provisions and correct, causing no harm, be given a lighter or mitigated punishment or be exempted from punishment.

    44th according to law should be audited by public security fire control institutions in the design of the fire control design of construction project auditing and inspection, unauthorized use and punishment respectively, concurrently.

    45th under any of the following circumstances, it shall be given a heavier punishment:

    (A) has passed the fire design review, without changing the design to reduce fire safety standards;

    (B) the project is not in accordance with law, for the record, and does not meet the requirements of national fire protection technical standard of engineering construction compulsory;

    (C) record by the ordered fails to record;

    (D) project supervision and construction units or units in collusion, fraud, reduce the construction quality of fire.

    46th under any of the following circumstances, public security fire control institutions shall inform at the Department of housing and urban-rural construction administration:

    (A) construction projects by public security fire control institutions shall be ordered to stop construction, stop usage;

    (B) fire protection design and acceptance check of construction projects are not eligible;

    (C) other writing. 47th public security fire control institutions personnel of dereliction of duty, abuse of power, favoritism and constitutes a crime, criminal responsibility shall be investigated according to law.

    Any of the following acts, does not constitute a crime, and disciplined in accordance with the relevant provisions of:

    (A) does not meet the statutory conditions of building fire protection design examination certificate, fire control acceptance comment;

    (B) to comply with the statutory conditions of application for fire protection design of construction projects, fire inspection, inadmissible, approval, acceptance or delay time;

    (C) specified or specified in a disguised form of design, construction units and project supervisory units;

    (D) designated or specified in a disguised form of fire protection products brand, sales or technical services, fire-fighting facilities construction;

    (E) use their posts to receive units or personal belongings.

    The seventh chapter by-laws

    48th national construction fire protection technical standard a mandatory requirement, refers to the national construction in fire protection technical standards must be strictly enforced rules.

    49th article of the provisions in the "3rd", "5th", "7th" and "20th", "30th" means working days.

    50th style required for the implementation of the provisions of the legal instruments developed centrally by the Ministry of public security. 51st article of the regulations come into force on May 1, 2009. Released on October 16, 1996, the building fire protection management regulations on supervisions and verification (the Ministry of public security, 30th) repealed simultaneously.

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