On Amending The Xi ' An City Of Xi ' An Municipal Fire Management Alternatives To The Decision

Original Language Title: 西安市人民政府关于修改《西安市消防管理处罚办法》的决定

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(June 4, 2004 in XI ' an city people's Government, the 51st Executive meeting by August 15, 2004 in XI ' an city people's Government announced come into force on the date of promulgation, 52nd), fourth amendment: "fire service carry out the policy of putting prevention first and combining prevention, adhere to the principle of combining specialized bodies and mass, the implementation of fire safety system. "The second and fifth for" any units and individuals have the right to violate fire management to report to the public security fire control institutions. Public security fire control institutions the whistleblower's legitimate rights and interests should be protected, and to award workers. "Three, and eighth article eighth items modified for:" refused to, and hinder police fire institutions of staff law implementation corporate of; "four, and eighth article tenth items modified for:" exists major fire hidden, by police fire institutions notification, not added corrected of; "five, and increased a items as Nineth article seventh items:" organization large rally, and culture, and entertainment, and sports, and exhibition, mass activities, not take corresponding of fire security, by police fire institutions notification not added corrected of.
    "Six, and 11th article modified for:" has following behavior one of of, ordered deadline corrected, late not corrected or rectification not qualified of, ordered discontinued closed, can and at 5000 Yuan above 50000 Yuan following fine; plot serious of, can and at 50000 Yuan above 300000 Yuan following fine; and on its directly is responsible for of competent personnel and other directly responsibility personnel at 1000 Yuan above 10000 Yuan following fine: (A) the fire control design of engineering reviewed and approved or rejected as unauthorized construction, (ii) without acceptance or fire unqualified acceptance and completion of unauthorized use, (iii) is not in accordance with approved fire-fighting facility construction; (d) the use of fire performance does not meet the criteria for building materials, construction of building and decoration materials. "Seven, and 12th article modified for:" violation fire security management provides, production, and maintenance, and sales, and imports, and procurement, and installation using fire equipment, and equipment, and fire material, and fire paint, fire security products, by pointed out that late not modified of, on directly responsibility people and units head respectively sentenced warning or 200 Yuan above 1000 Yuan following fine; on responsibility units sentenced 5000 Yuan above 20000 Yuan following fine; plot serious of, ordered discontinued closed rectification, and confiscated not qualified products.
    "Eight, 19th revised as:" the punishment of violations of fire safety management, by public security fire control institutions at all levels, in accordance with the relevant provisions of decisions and execution. Fine use unified fine instruments, financial penalty paid by peer, may not be withheld. "Nine, 20th is amended as:" the party does not accept the decision on administrative penalty, in accordance with the administrative review law and administrative procedure law apply for reconsideration or litigation, if no application for reconsideration or sue, nor performs the decision on punishment, made the decision of the police or fire services may apply to the Court for enforcement.
    "Ten, delete article 23rd.
    In addition, under the provisions of this decision in order to make the appropriate adjustments.
    This decision shall come into force as of the date of.

    The XI ' an city of fire management alternatives be revised according to this decision, republished. Attached: Xian City fire management punishment approach (2004 amendment this) (January 10, 1995 City Government released according to City Government November 22, 1999 on modified straddling Xian City fire management punishment approach of decided amendment according to City Government August 15, 2004 on modified straddling Xian City fire management punishment approach of decided Amendment) first chapter General first article for strengthening fire supervision management, protection public property and citizens life property of security, according to
    People's Republic of China Fire Services Act and the provisions of relevant laws and regulations, combined with the city's actual, these measures are formulated. Contravention of fire safety laws, regulations and the relevant provisions of article II, obstruction to fire works, public fire safety, does not constitute a criminal act, be punished according to relevant laws and regulations and these rules, and its plot be given administrative sanctions by the competent authorities.
    Constitute a crime shall be investigated for criminal liability. Article III of these measures apply to all units and individuals within the administrative area of the city.
    Provided by its competent authorities to implement laws and regulations except for fire supervision unit.
    Article fourth fire service carry out the policy of putting prevention first and combining prevention, adhere to the principle of combining specialized bodies and mass, the implementation of fire safety system. Fifth article of any units and individuals have the right to violate fire management to report to the public security fire control institutions.
    Public security fire control institutions the whistleblower's legitimate rights and interests should be protected, and to award workers.
    Sixth chapter penalty for the punishment of violations of fire safety management of the following five categories: (a) warning, (ii) a fine of, (iii) forfeiture (iv) rectification (v) shall be ordered to suspend production or business.
    Article seventh unit or individual has two or more acts of breach of fire regulations, penalties, respectively, concurrently; two or more persons jointly breach of fire regulations, according to the circumstances, punishment, respectively.
    Eighth article has following violation fire management behavior one of of, by police organ according to People's Republic of China security management Punishment Ordinance be punishment: (a) in flammable easy burst places violation ban smoking, and use fire of; (ii) directed or forced others violation fire security provides, adventure job, yet caused serious consequences of; (three) occupied fire spacing, jam fire vehicles channel of; (four) buried pressure, and occupy or damaged fire facilities, or will fire equipment, and equipment moved for he with, by pointed out that not added corrected of;
    (Five) violation provides production, and store, and sales, and transport, and carry flammable easy burst dangerous goods of; (six) damaged, and stealing public fire facilities, is enough criminal punishment of; (seven) deliberately hinder fire vehicles passage or disrupt fire site order of; (eight) refused to, and hinder police fire institutions of staff law implementation corporate of; (nine) on fire recovery has responsibility of personnel, in fire rescue in the not obey mobilization, and command of; (10) exists major fire hidden, by police fire institutions notification, not added corrected of;
    (11) the fire caused by negligence, but not having caused serious losses. Nineth article has following violation fire management behavior one of of, except ordered its deadline rectification outside, on directly responsibility people and units head respectively sentenced warning or 200 Yuan following fine; has subsection (a), and (ii) items behavior one of of, and at responsibility units 1000 Yuan following fine; has subsection (three), and (four), and (five), and (six), and (seven) items behavior one of of, and at responsibility units 1000 Yuan above 5000 Yuan following fine: (a) installation, and maintenance, and using electrical equipment, violation fire security management provides of ; (Ii) installation, and maintenance gas pipeline, and equipment, and facilities or using gas, violation fire security provides of; (three) buildings, and transport and the other places not by provides equipped with fire security equipment of; (four) automatically fire facilities and he fire facilities not by provides regularly detection or cannot normal using of; (five) opened or business dance Office, and electronic game room, public entertainment and country market, violation fire security management provides of; (six) using senior building, and underground engineering engaged in production, and
    Warehousing and other business activities, do not meet the fire safety requirements; (VII) organizes large gatherings, cultural, entertainment, sports, exhibitions and other public events, the appropriate fire safety measures are not taken, after notification by the public security fire control institutions is not correct. Tenth in violation of fire safety regulations-packing, handling, use, handling flammable and explosive chemical compounds and their residues, residues, in addition order the rectification, but directly responsible for people and units responsible person warned or fined a maximum of 200 Yuan, respectively, and the units in charge shall be fined a maximum of 1000 Yuan.
    Nature of an operation, units can be fined a maximum of more than 5000 10000 Yuan.
    11th article has following behavior one of of, ordered deadline corrected, late not corrected or rectification not qualified of, ordered discontinued closed, can and at 5000 Yuan above 50000 Yuan following fine; plot serious of, can and at 50000 Yuan above 300000 Yuan following fine; and on its directly is responsible for of competent personnel and other directly responsibility personnel at 1000 Yuan above 10000 Yuan following fine: (a) engineering fire design without audit or audit not qualified and unauthorized construction of;
    (B) without acceptance or fire unqualified acceptance and completion of unauthorized use, (iii) is not in accordance with approved fire-fighting facility construction; (d) the use of fire performance does not meet the criteria for building materials, construction of building and decoration materials.
    12th article violation fire security management provides, production, and maintenance, and sales, and imports, and procurement, and installation using fire equipment, and equipment, and fire material, and fire paint, fire security products, by pointed out that late not modified of, on directly responsibility people and units head respectively sentenced warning or 200 Yuan above 1000 Yuan following fine; on responsibility units sentenced 5000 Yuan above 20000 Yuan following fine; plot serious of, ordered discontinued closed rectification, and confiscated not qualified products.
    13th extension, used with the danger of fire and explosion of new technology, new process, without taking any effective fire and explosion safety measures or breach of fire safety regulations, apart from the order the rectification, and fined 1000 Yuan fine.
    Article 14th breach of fire safety regulations, any of the following acts, with a warning, overdue change, direct and units responsible person in charge shall be fined a maximum of 200 Yuan, the unit in charge shall be fined a maximum of 1000 Yuan. (A) statutory representative people, and fire head not perform fire security work duties of; (ii) engaged in fire security of specific post personnel, without exam or exam not qualified unauthorized induction of; (three) fire and explosion dangerous places not by provides set fire security logo of; (four) with fire, and electricity, and using flammable easy burst chemical dangerous goods violation fire security provides of; (five) in heritage protection regional within illegal introduced fire, and power of.

    15th fires caused by breach of fire safety regulations, the unit in charge shall be fined a maximum of more than 1000 10000; caused a major fire, the unit in charge shall be fined a maximum of 10000 Yuan more than 30000; causing devastating fires, the unit in charge shall be fined a maximum of 30000 Yuan more than 50000 Yuan constitutes a crime, criminal responsibility shall be investigated according to law.
    16th breach of fire safety regulations, any of the following acts, the directly responsible penalty of between 200 Yuan more than 1000; responsible units more than 5000 Yuan and fined a maximum of 20000 Yuan.
    (A) fire units of competent personnel and other has responsibility of personnel found fire not quickly alarm of; (ii) lied about fire or refused to for others alarm provides convenient of; (three) violation heritage fire security provides, by pointed out that late not corrected of; (four) public evacuation channel not Chang or evacuation logo, and emergency lighting equipment not meet fire security requirements, by pointed out that late not corrected of.
    17th is not in accordance with the relevant provisions of article implementation of fire safety management measures, order the rectification, overdue change, fined a maximum of 200 for unit leader, and the units in charge shall be fined a maximum of 1000 Yuan.
    Article 18th on the deliberate destruction of fire or conceal the truth, providing false information, to fine individuals up to 200 Yuan more than 1000 Yuan, fined a maximum of 5000 Yuan for units of more than 20000.
    Chapter III decisions article 19th on the punishment of violations of fire safety management, by public security fire control institutions at all levels, in accordance with the relevant provisions of decisions and execution.
    Fine use unified fine instruments, financial penalty paid by peer, may not be withheld.
    20th party refuses to accept the decision on administrative penalty, in accordance with the administrative review law and administrative procedure law apply for reconsideration or litigation, if no application for reconsideration or sue, nor performs the decision on punishment, made the decision of the police or fire authorities may apply to the Court for enforcement.
    Article 21st firefighting supervisory staff negligence in fire management, abuse of power, bending, by the unit or by the competent authority, impose administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    Fourth chapter by-laws legal instruments used by the 22nd Fire Administration punishment uniformly printed by the municipal Public Security Bureau.
                                                                                        23rd these measures come into force on the date of promulgation.