Monday, January 3, 2011

【 Weak current College 】 Yunnan Provincial fire regulations (Amendment)


Chapter 1 General provisions

In order to prevent fires and to reduce fire hazard, the protection of citizens ' personal, public property and safety of citizens property, safeguarding public security and fire under the People's Republic of China law and relevant laws and regulations, in conjunction with the province's actual regulations are formulated.

Article 2 within the administrative region of the province of the organs, organizations, enterprises, institutions, and rural grassroots organizations and individuals, should comply with the regulations.

Article 3, by the people's Governments at various levels of fire prevention. Governments should set the fire into the economic and social development plan, increase investment, strengthening public fire fire facilities, fire science, technology and equipment level, to adapt to the prevention of fires and fire-fighting and rescue of actual need.

People's Government at or above the county level of fire safety Committee, responsible for coordination and guidance in their respective administrative areas of fire prevention.

Fire protection public security organs by the people's Governments at various levels, and supervision by a public security fire agencies specifically responsible for implementation.

Article 4 and the relevant departments of the people's Governments shall take measures, often fire awareness education, improving citizens ' awareness of fire.

Each of the 9 November to fire, in the province.

Article 5, any unit, individuals have the maintenance of fire safety, fire protection, fire-prevention facilities, the report fire. Any unit and adult citizens have participated in organized fire suppression work obligations.

On violation of fire management, the hazards of fire safety Act, and no unit or individual has the right to stop or to report to the police and fire agencies.

Article 6 in the fire service or notable contributions to the organizations and individuals, the people's Government at or above the county level or related departments should be rewarded.

Chapter II fire responsibilities

7 people's Governments at various levels shall implement the responsibility system for fire safety. Higher level people's Government and the next level people's Government, Prefecture, city, County, local government and the key unit of fire safety, people, cities and towns of the neighborhood residents with the village Committee, the Committee should sign fire safety certificates, the yearly examination.

Village, residents Committee should be organized local villagers, residents develop a fire safety conventions.

Article 8 above the county level fire agencies perform the following duties:

(A) promote, implement fire laws and regulations, investigated violations of fire management behavior;

(2) participation in the preparation of municipal fire protection planning;

(Iii) for bodies, organizations, enterprises, institutions comply with fire safety laws and regulations of the law on supervision and inspection, and to supervise its rectification, eliminate fire hazards;

(4) the building fire safety design review and acceptance of fire;

(5) on flammable and explosive hazardous materials, fire protection products according to the implementation of fire management;

(6) the management of public fire brigades, police station, fire fire brigade, duties on a full-time basis for operational guidance;

(VII) organizing, directing fire fighting, fire accident investigation, treatment;

(8) laws and regulations of other responsibilities.

Police station should residents Committee, villager, residential property management unit and senior police authorization management units comply with the fire service law, regulation, supervision and inspection.

9 bodies, organizations, enterprises, institutions of the legal representative or the person primarily responsible should be subscription to the unit responsible for fire safety, fire safety duties lawfully, in accordance with the relevant standards for construction, maintenance, fire-fighting facilities, configuration fire equipment, fire hazard, establish and improve fire protection organizations, funding for the implementation of the fire, the fire protection organization, self-help, assist fire the fire site.

Article 10: public gathering places or buildings for contract, lease or delegate management of, the parties should be in the contract signed with fire safety responsibility or liability for fire safety.

The building has more than one property owner, property owners should establish and implement a fire safety system.

Article 11 should be on building construction construction site responsible for fire safety.

Chapter III: fire prevention

Article 12 city people's Government shall organize Administrative Department in charge of urban planning, public security institutions and other relevant departments to prepare urban fire protection planning, and organizing the implementation of the relevant departments. Urban public fire facilities should cities infrastructure synchronous design, construction, and management.

Urban fire plan identified public fire facilities, and no unit or individual may occupy, needed to change the purpose, should seek the consent of the public security fire agencies and departments and fire agencies in accordance with the planning requirements prior to determine appropriate locations.

County-level construction administration departments and township or town people's Government in the preparation and approval of towns and planning should be the implementation of national and provincial construction design fire protection standard, ensuring sufficient spacing.

13 city fire exits, fire-fighting water supply facilities maintenance and management of the construction sector and water-supply unit; fire communication installations maintenance, management responsibility for the telecommunications sector. Completed public fire facilities from fire and related departments.

State, municipal and regional government seat of the city, other tourist cities should establish computer management of urban fire communication and command systems.

Any unit and individual may damage the public fire facilities, shall occupy the fire separation, does not clog the fire channel.

Article 14 in building fire facilities installation, testing and maintenance of the unit, it should be made in accordance with the relevant provisions of the corresponding qualification certificates, and accept the fire sector supervision.

The fifteenthConstruction projects of the design, construction, testing should be performed in national or sector fire technical standards. Country or industry technical standards have not been provided for fire fire design content, from the provincial public security fire agencies in conjunction with the provincial construction administration departments in the Organization of experts before construction, views as to modify the design of fire and fire audits, construction, testing, and acceptance.

In accordance with the provisions of article 16 shall be fire acceptance test of building works, by the technical inspection, fire agencies declare their acceptance. Without acceptance or acceptance is not qualified, shall be put into use.

17 newly developed fire product quality and of building elements, the fire performance of construction materials must conform to national standards, industry standards, local standards or the Provincial Bureau of quality and technical supervision departments of the record of the enterprise standard.

Fire-fighting products for production, repair, must pass through the province public security fire agencies review consent. Application for production included in the national industrial product manufacture license or product quality certification management within the fire protection products in accordance with relevant State regulations.

Prohibition of forgery, alteration, lease, sale, transfer of related fire products; it is prohibited to firefighting agencies on behalf of the production, maintenance, sales of fire protection products.

Article 18 the ban on the use of incapacity or limit the carrying out flammable and explosive hazardous jobs.

Disposal of flammable and explosive hazardous materials and should comply with relevant State regulations, ensure public safety. Prohibits the city sewers, underground works, public waters, normal waste disposal site dumping, disposal of flammable and explosive hazardous materials.

Prohibition of the use of mobile tank car, gas car affect fire safety site for refueling, filling jobs.

Production, storage, operation, transmission and distribution of fuel oil, gas, must be taken in accordance with the requirements of fire safety measures to strengthen the management, to prevent leaks.

Article 19 for the external business or tourist reception of residences, should comply with fire safety requirements, with the necessary fire equipment.

Rural villages should have the fire water and fire-fighting equipment, the conditional should building fire water pipe network. Residents, the villagers should do a home fire. Residential decoration, should comply with fire safety requirements.

20 of road and rail tunnels shall, in accordance with national and provincial regulations, set fire facilities, equipment.

Transport should be provided in accordance with national and provincial fire extinguishing equipment configuration.

Article 21 the organs, organizations, enterprises, institutions should comply with fire safety laws and regulations, implementing a fire safety measures to ensure that the fire-fighting facilities and equipment in good condition, security evacuation channels, safe, unimpeded, check for fire prevention, timely elimination of fire hazards, and fire and police stations of supervision and inspection.

The villagers ' Committee, residents ' Committee or residential property management unit shall conduct regular fire safety inspections and to implement the duty shift and fire inspection system.

Article 22 the following persons shall be subject to the training of qualified fire agencies before induction:

(A) fire safety key unit of fire safety responsibilities and specialized, part-time firefighters;

(Ii) fire-fighting facilities construction and installation, testing, maintenance, management, operation and fire control room watchkeeping personnel;

(3) explosive and other specific status;

(4) dance halls, theatres, hotels, restaurants, shopping malls, markets, and other public gathering places responsibility for fire safety management staff.

Chapter IV of the fire service organizations

Article 23 counties (cities, districts), the Government established the fire brigade, police should reach the national standard for construction of the fire station. Not the county police station, the public security fire station shall, in accordance with established professional fire brigade.

Fire danger and fire from the local public security, by the State or province people's Government in various types of development, frontier trade port, scenic areas, holiday resort areas, its management unit should establish dedicated fire fire brigade or obligations.

Enterprises and institutions shall, in accordance with the relevant national regulations establishing the obligation of professional fire brigade or the fire department.

Without the province public security fire agencies agree that may not be revoked Allied fire brigade or change the functions of the professional fire brigade.

24 agencies, organizations, enterprises, institutions, towns, rural areas, villages and residential management units to establish obligations on fire, fire defense organizations, should be equipped with appropriate fire-fighting equipment, equipment, training and education on a regular basis.

Article 25 of the obligation of professional fire brigade, the Fire Department and the fire defense organizations should accept firefighting agencies business guidance. Professional fire brigade into fire patrol sequences, accepted the command of the fire agencies participate in mobility, fire work.

Article 26 of the planning and construction funding for municipal fire protection and fire brigade barrack, equipment, operational requirements, to include the local budgets, investment in fixed assets, capital construction program, its funding to include local fixed asset investment plan. Urban public fire facility construction and maintenance expenses in urban infrastructure construction and maintenance expenditures.

Enterprises and institutions Allied fire fire brigade, obligations of funded by this unit.

Town Street funding in accordance with the obligations of the fire brigade who benefit, who funded the principles of democratic discussion, the its own financing. The rural villages of obligation to raise funds for the fire brigade, the decision by the Committee: a democratic discussion.

Fire prevention organization is funded by the joint parties consultation.

Chapter 5: fire fighting

Article 27, any person found to fire, should immediately call the police.

In case of fire, the public areas of the field staff organized, in the presence of mass evacuation guidance.

OccurFire units must immediately organized forces fighting fires, adjacent units should be given support.

Article 28, the scene of the fire commander by the presence of fire agencies as the Supreme executive heads, the unity of command fire suppression.

On may cause significant loss of life, property damage or social impact of the fires, the firefighting agencies should promptly report regarding people's Government, people's Government shall promptly take measures, is responsible for the coordination of fire.

Article 29 units, fire support, should obey fire agencies unified command. Water, electricity, medical care, transportation, gas, telecommunications, meteorology, environmental sanitation, and other departments and units should assist fire fighting and rescue.

Article 30 when there is a fire, received the alarm of the local police station should be organized forces to fight, while the report fire agencies.

Article 31 on injuries due to fire suppression, disability or death of workers, in accordance with relevant State regulations for medical, compassionate.


Chapter 6 legal liability

Article 32 in accordance with article 40 of the fire service law, article 41, article 42 provides for implementation of the penalty punishment, for more than 15 units at $ 17 million the following fines; to the direct responsible responsible staff and other personnel department at the above $ following fines.

Pursuant to rule 43 of the fire service law, article 44, paragraph 2, article 46, 48, article 50 of the imposing fines, the unit more than $ $ at the following fine; to the direct responsible responsible staff and other personnel Department of $ 500 or more $ following fines.

In accordance with article 47 of the fire prevention law provides for the implementation of fines of more than $ 500 penalty.

Article 33 violate article 7, paragraph 1, no sign of fire safety certificates or non-compliance with fire safety duties, by the people's Governments at or above people's fire safety Commission ordered corrective action and to the direct responsible responsible staff and other personnel by its competent departments administrative sanctions.

Article 34 the contravention of this Ordinance provided for in article 14, without obtaining appropriate qualifications or beyond grade range in building fire facilities installation, testing or maintenance of, and ordered to stop illegal act, confiscate the illegal gains, on the units more than $ $ at the following fine, to the direct responsible responsible staff and other personnel Department of $ 500 or more $ following fines.

Article 35 violate article 17, paragraph 2, third paragraph, shall be ordered to stop the illegal act, confiscate the illegal gains and illegal income more than doubled the following five times the fine; not illegally obtained, no more than $ following fines.

Units have the provisions of the preceding paragraph in accordance with the provisions of the preceding paragraph and to the direct responsible responsible staff and other personnel Department of $ 500 or more $ following fines.

Article 36 the contravention of this Ordinance, article 18, paragraph 1, shall be ordered to stop illegal acts, each with more than one person at $; $ following penalty violate article 18, paragraph 2, shall be ordered to stop the violations, the Department more than ten thousand dollars; the following penalty violate article 18, paragraph 3, shall be ordered to stop the violations, no more than $ following fines.

Article 37 violate article 19, paragraph 1, not equipped with fire-fighting equipment or does not comply with fire safety requirements, ordered to correct; fails to rectify, order the cessation of business or tourist reception, and a fine of $ above $ following.

Article 38 the laws, regulations, in violation of the fire, resulting in fire or cause fire losses expanded, according to the responsible unit fire direct property losses of 2% to 5% of the fine, but a maximum of $ 100 000; to the direct responsible responsible staff and other personnel department at the above $ following fines.

Violation of fire laws and regulations, notice by the fire authorities to take corrective measures to refuse execution, resulting in fire or cause fire losses expanded, according to the responsible unit fire direct property damage by 4% to 10% fine, but a maximum of $ 200 000; to the direct responsible responsible staff and other personnel department at the above $ following fines.

In accordance with article 39 of the regulations of administrative punishment, or above the county level decision fire agencies.

Article 40 on fire bodies is not satisfied with the decision of administrative punishment, you can receive a decision within 60 days from the date of the decision to make the punishment of the fire agencies competent authorities apply for reconsideration, the competent authorities in the receiving application within 60 days after the ruling; the competent security authorities appealed the ruling, on short notice within 15 local court. Party fails to apply for reconsideration, the non-prosecution and penalties for non-compliance, by making the decision on penalty enforcement authority for people's Court.

41 fire Agency and its staff shall carry out their duties. On the abuse of power, to commit fraud, negligence, no crime is constituted, legally imposes the administrative sanction.

Fire agencies and their staff, who do not fulfil their responsibilities in accordance with the law, or violation of specific administrative act, to the party for the loss.

Those who violate the stipulations, the Constitution crime, legally investigates the legal responsibility.

Chapter 7 supplementary provisions

Article 43 of the Ordinance on the day of its promulgation. 1994, July 27, Yunnan province, the eighth session of the Standing Committee of the eighth session of the Yunnan Provincial fire prevention mass treatment Ordinance repealed at the same time




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