【 Weak current College 】 on audit without fire qualified construction works on the applicable law

In 1998, 29 April, the ninth national people's Congress Standing Committee at its second session, adopted the law on fire People's Republic of China (hereinafter referred to as the fire service law), this is my fire legislation and a milestone in fire prevention, fire prevention and to reduce fire hazard, avoid and combat heavy, oversized malignant and group dead injury fire accidents has played an important role. But science technology and information brings the national economy, highly developed rapid development, new developments, new issues emerge, some of the new legislation is introduced, the original fire legislation also need to clean and in a timely manner to adapting and promoting the economic development of our country. The Fire Services Act, the relevant provisions of the defect is also gradually exposed, especially for construction work without fire audit acceptance of the applicable law, the ambiguity exists, is not conducive to the primary fire protection sector supervision, but also for society laid. At this point, this article in respect of the issue analysis and how to further improve.

A fire safety audit, qualified legal application architectural engineering problems

From Guangdong Province in the last two years of fire and visitation cases, building fire safety issues accounted for 90 per cent. These are complaints about the existence of the fire safety of buildings, most are not building fire design review and acceptance. This class of buildings in General can be divided into the following:

1. the Fire Prevention Act (1 September 1998) after the construction of buildings in the violation;

2. the rapid economic development have emerged during the construction of the building, the fire service law enforcement before, between the late 1980s, early 1990s;

3. the People's Republic of China FSO hereinafter referred to as the ") and the building fire safety design specifications" (1983) and other related building fire technical standards promulgated after the reform and opening-up of the old buildings of the early building;

4. the fire Ordinance and the building fire safety design specifications "(1983), and other fire protection technology standards promulgated old buildings.

Due to historical issues, many of these buildings is not in conformity with the technical standards for fire protection, fire safety situation really worrying. However, the large number of these buildings, units, to number also. If no such buildings for rectification, once there is a fire, could cause very serious consequences. But if the direct application of the existing fire technical standards for rectification, not only to have a significant social and economic life, but many are difficult to achieve, if not impossible. Particular relating to the fire separation, fire engines, evacuation, fire water, fire, smoke, fire resistance ratings, fire power, it is difficult to meet the requirement by rectification, or it could not be processed.

(A) the Fire Services Act breaches the building after the implementation of the applicable law.

The Fire Services Act section 10 for building fire safety audit inspection aspects prescribes "in accordance with the National Engineering Building fire technical standards required for the construction of the fire protection design, design should follow national engineering building fire technical standards for design, construction units should be building fire design drawings and related information submitted to firefighting agencies audit; unaudited or audited not qualified, the construction of administrative authorities shall not grant a construction permit, construction unit shall not construction. The firefighting agencies audit of construction engineering design requires changes should be reported to the original audit of firefighting agencies approved; unauthorised, any unit, individuals may change. In accordance with the National Engineering Building fire technical standards for the construction of the fire protection design is completed, must be approved by the fire fire agencies; without acceptance or acceptance experience not qualified, shall be put into use. ”

But for non-fire review acceptance of construction works, their legal liability issues, there are two differences: one is under the FPPA 40 provision "in violation of the provisions of this law, any of the following acts shall be ordered to correct; overdue correction, shall be ordered to cease construction, stop use or halt, you can do fine: 1. the architectural engineering fire design without fire agencies audit or audited unqualified, unauthorized construction; 2. the law should fire design of construction work on the completion of acceptance without fire or experience not qualified, unauthorized use; ... Units in the preceding paragraph in accordance with the provisions of the preceding paragraph and to the direct responsible responsible staff and other personnel department warning or a fine. ”；

One is under the supervision of audit project fire management regulations "(Decree of 30) in line with the provisions of the" construction units and individuals who violate the provisions of the following circumstances, by the public security Office ordered corrective action and to the personnel and executives sentenced to a fine of $ following. On refusal to correct or deadline is not corrected, shall be ordered to cease construction, have been completed, shall be ordered to stop the use of: 1. in accordance with the regulations to the public security fire supervision agencies review construction drawings, i.e. fire started building; 2. construction change fire design without authorization, contrary to the provisions of the national fire protection technology standards; 3. fire-fighting facilities without the acceptance, use "without permission to receive the same behavior, according to the regulations, resulting in a fine range of distinct.

The Fire Services Act is by the national people's Congress Standing Committee adopted the law, specific implementation time for 1 September 1998, the building engineering fire supervision audit management regulations "was developed by the Ministry of public security regulations, specific implementation time for 1 March 1997. Higher than the higher, the new law is better than the old method, which is the legal effect of the level of general principle. At the same time the People's Republic of China administrative punishment law (hereinafter referred to as the "Punishment Act) also defined the" State Council, the Commission established rules and regulations can be found in the laws and administrative regulations of the administrative penalty, type and scope of specific provisions. "In the arcPrevention Act and the Ministry of public security fire supervision of the construction project to examine and manage the relevant provisions of the regulations are not consistent with the circumstances, should be to the FPPA liability applies. Here it should be noted that the State Council cancels the first decision of the administrative approval project (retiring 2819 24 NDC) canceled within the Ministry of public security Decree 30 fire facilities inspection and maintenance of the qualification license such items, but according to the Ministry of public security of the annulled regulations on reservations modified and normative documents of the notification "(the word «Eclipse Gongtong 71, 2004), 30 order entity does not make any changes and be maintained directly. The above situation, it is recommended that the Ministry of public security should be amended to Decree 30, delete and the Fire Services Act is not consistent with the provisions of the content.

(2) the fire before the promulgation of the law, the law and related building fire technical specifications standards introduced after the construction of buildings in the violation of applicable law.

Has now been discontinued the FSO People's Republic of China (hereinafter referred to as the implementation time of 1984 on 1 October, abolished on 1 September 1998. The provisions of article 5 of the "new, expanded and reconstructed construction works and design, you must perform the competent departments of the State Council on architecture design fire norms", article 26 provides "County Fire supervision agency has the following functions: ... IV. supervision and inspection of construction projects in design and construction of the building design fire protection standard, participate in acceptance ... ". At that time, although not expressly under fire agencies on construction of fire audits and acceptance, but fire agencies involved in the project's final acceptance of the administrative act should be considered clear fire agencies meet the building fire safety audit of administrative responsibilities, and accepting it is said that the enactment of the new, expanded and reconstructed construction should fire audits.

Although the Fire Services Act did not expressly provided for in its purposes prior to the violation of the construction of the remaining issues of specific approaches and principles, but from the Fire Services Act 10 of spirit we can conclude that the violations of the building met "in accordance with the National Engineering Building fire technical standards require fire design", the parties should continue to be available under the existing provisions of the bid acceptance procedures for fire audits. In view of these non-fire review, acceptance of buildings currently exist cardinality, continue to the countries and people's lives and property, huge threat, if completely unchallenged, would have serious consequences. In the spirit of administrative penalty is only a means, not for punishment and punishment, but to correct the violation and prevention of further violations of the principle of administrative punishment, fire agencies should encourage illegal building client active reporting fire control to legitimate and reasonable means for the community to eliminate these buildings existing fire safety hazard. Acceptance of the Declaration, in accordance with national law, the punishment shall "violations during the second year is not found, no longer subject to administrative penalties. Except as otherwise stipulated by law ", except as otherwise stipulated by law are backdated, regardless of whether is has discontinued the, or today's Fire Service Act are not specifically provided for violation of the fire prevention law, for affixing the limitation in the fire before the promulgation of the law, the law and related building fire technical specifications standards introduced after the construction of buildings, in violation of its conduct was not discovered, more than two-year time limit should not be implemented administrative punishment, of course, this does mean that illegal buildings could evade the law. To deliberately avoid illegal building, fire protection agencies may, in accordance with the Fire Services Act 25 "fire agencies found the fire hazard shall promptly notify the entity or individual to take measures to eliminate risks within."

(3) the fire regulations and related building fire technical standards introduced the works before the law.

In the law and the building fire safety standard "(1983), fire technical standards has not yet been published, and then fire the law – the fire supervision Ordinance (1957, November 30, the State Council promulgated in November 1957, the national people's Congress Standing Committee principles approved), the building does not require fire department specialized fire review and acceptance. In view of architectural history, if there is no alteration since 1983, expanded and changed using the function for building fire safety design review, acceptance procedures are not very meaningful, not for general building engineering design reviews, and acceptance procedures.

II. resolution of the Fire Services Act audit without fire before the acceptance of the recommendations of the architectural engineering problems

The Fire Services Act does not expressly provide for the enactment of specific prior breaches architectural approach, in compliance with the law, the principle, through the following methods:

(A) if the modification can meet its current building fire technical standard, you can report after the event-related construction fire design review, and acceptance procedures.

(Ii) if not through rectification to meet its current building fire technical standards, to change the usage function can meet the requirement by rectification, you can use the function, the proposed changes and then report after the event building works fire design review, and acceptance procedures.

(3) if the building is not expanded and reconstructed, change use features that can meet the construction and fire technology standard, or for rectification can meet expanded and reconstructed and changed using the functionality of the fire technical standards, in accordance with the laws of non-retroactivity or declarations of principles that can fire design audit project acceptance procedures, to the original fire technical standards as a basis for review and acceptance.

Local alteration or change of use of, the whole building can follow the construction of fire technical standards for processing, alteration or change of use features section should be consistent with the fire technical standards. For extension, you should put the original main building and extension with the report, and should be consistent with the extension of the fire technical standards.

Fire protection for the above have not beenAudit and inspection of construction works or declarations fire design reviews, fire departments should be based on the principles, according to convenience as possible convenient for people that only require approvals of units provide fire protection, fire-fighting facilities must drawings and instructions material. Given some time building construction has a long and other reasons, may have no related design drawings, you can redraw the by design units present chart instead of a design. Acceptance, to report and audit opinion prevail, if necessary, do associated evidence collection and archiving.

(4) adoption of the above methods are still unable to reach the fire technical standards, should be reported to local government for processing shall be ordered by the Government or the Department for processing. Clear for laws and regulations should provide the building sector report but not reported, should belong to the illegal construction, from the construction sector; the fire service law enforcement authorities for approval to the construction sector, the construction sector in building engineering design without fire department audit consent violations issued or is not issued the construction permit, responsibility in building sector, should also be handled by the construction sector. When necessary, in accordance with relevant laws and regulations (such as the People's Republic of China building, the construction project quality management Ordinance, the State Council on major safety accident administrative accountability provisions of the Act) action in the construction sector or relevant units (construction, design, construction supervision, supervision units).

(5) in the case of a major fire hazard exists without fire review, acceptance of construction works, should be promptly brought to the attention of Governments and safety supervision departments to take decisive measures, at the same time, the payment of the major fire hazards deadline rectification notice period for rectification shall be ordered to the parties.

(6) a long time for completion of the buildings, such as old buildings, such as fire safety conditions are relatively poor, a serious threat to the lives and property of the people, must be rectified, you should bring to the attention of Government planning, or drew the Government in accordance with the relevant provisions of the municipal building required for processing, as by fire safety demonstration or fire safety assessment for flexibility, not completely in accordance with the present technical specifications standards for fire protection, as long as you comply with the basic principles of disaster economics, satisfy certain basic requirements of fire safety.

Third, on the practical work involved several related issues

(A) in the case of non-fire review, acceptance of construction, fire supervision, should not be set out specific value applied fire danger class or the fire safety requirements do not meet the fire inspection regulations (Ministry of public security Decree 73) published by the national fire protection technology standards required of the ordered corrective notice, and should, in accordance with the Fire Services Act and the provisions of the Decree 73, value applied against violations of the ordered corrective notice, ordered or declarations construction fire design review, acceptance procedure; you cannot use fire inspection, fire safety inspection or construction interior trim program instead of building fire design review, acceptance procedures.

(Ii) to have fire design review, acceptance of the building, if it is not expanded and reconstructed and changed using the function, even if not in line with existing technical standards of construction engineering fire requirements, in accordance with the laws of non-retroactivity of principles, not in accordance with current technical standards for fire protection, fire supervision inspection should not be issued to the ordered corrective notice; but if an extension, alteration, change, using the function should be under current fire technical standard declare construction fire design review and acceptance.

Declare construction interior trim, the architecture should do architectural engineering design reviews and audited agree that fire not construction, decoration and qualified acceptance, shall be put into use. You cannot use the construction interior trim and acceptance procedures, fire supervision and inspection procedures or fire safety check program instead of building fire protection, fire-fighting facilities design review and acceptance procedures.

(3) in accordance with law no provision shall be prohibited in principle, if there are no legal regulations expressly do not fire administration shall handle the relevant license, business, land and other departments may not fire administration as a pre-condition of this sector.