Thursday, February 16, 2012

【 Weak current College 】 new fire protection law interpretation (2)


Urban planning changes to town and country planning

In recent years, rural fire safety situation remains very serious, the fire occurred, loss and casualties high fire safety in the village. New work from fire fire protection law, the adaptation of global and building new Socialist countryside, at the request of a harmonious society, dedicated to rural fire service, specific provisions identified local governments should strengthen rural fire service leadership, to take measures to strengthen public fire facilities construction, the Organization establish and supervise the implementation of responsibility for fire safety.

New fire protection law will be the fire method of "urban planning" was changed to "urban planning", "local people's Governments at all levels should include fire safety layout, fire station, fire service, fire, fire engines, fire equipment, fire planning into town and country planning, and is responsible for organization and implementation. Urban-rural fire safety layout does not comply with the fire safety requirements, it should be adjusted, perfect; public fire-fighting, fire protection equipment, inadequate or not adapted to actual needs, should be built, rebuilt, configuration or technical renovation ". A word of variable, "City" and "rural", reflects the work of the rural fire.

Construction of multiple forms of fire power

Fire prevention practice shows that the establishment of various forms of fire power is determined by China's national conditions, is the development and protection of the essential foundation of people's livelihood is well-off social requirement.

New fire law inheritance and development of a completely original fire services law relating to the construction of many forms of fire forces the creation of multiple forms of fire forces the overall requirements, the distinction between cities, towns, explicit construction of different forms of fire power requirements. Provisions of the "people's Governments at or above the county level shall, in accordance with national provisions on the establishment of public security fire fire brigade, allied, and in accordance with the national standard are equipped with fire-fighting equipment, fire fighting work. Township government shall, in accordance with the local economic development and the need for fire prevention, establish a full-time volunteer fire department, fire department, fire suppression work. "

Bear emergency rescue work

The 17th CPC National Congress proposed the "perfect emergency rescue system" requirement, which is to protect our country's economic and social development, security, development of important strategic tasks. Fire brigade as the maintenance of public security forces to bear many emergency rescue work, this is the common practice in the countries of the world and the development trend of the international community.

According to our emergency rescue force construction of actual needs, take full account of the fire brigade in active systems, equipment, training, management, and other advantages, as well as in recent years, the fire brigade emergency rescue work results, new fire protection law further strengthened by the fire brigade and Government allied fire brigade emergency rescue capacity-building and the necessary safeguards to provide public security fire service, Government, professional fire brigade in accordance with State regulations assume major disasters and other emergency personnel life-based emergency rescue work.

Specialized supervision "increase"

Have the right to have the responsibility, authority, infringement of the right to compensation, it is illegal to pursue, in accordance with the administrative and establish the rule of law and Government, responsible government requirement. In order to strengthen the fire protection supervision, new fire protection law specifically add "supervision" chapter, focus on norms and constraints on Government and Government departments, in particular the police and fire agencies exercise of the powers and strengthening of its supervisory duties according to law, the police and fire agencies supervise management also raised higher and more stringent requirements.

Perfect fire administrative sanction system

New fire protection law adapted to the needs of the development of the fire service, the relevant provisions of the legal responsibilities on a larger amendment to increase the intensity of the fire administrative sanction, supplementary improve fire administrative sanction system.

New fire protection law increases should be administrative punishment of violations of fire-fighting regulations of the Act, a solution to the original fire protection law for violating fire regulations do not provide full, not tight, some of the violations are not promptly halt, correct and punished according to law, maintain the seriousness and authority of the law.

New fire protection law adjusting the types of administrative penalty. New fire protection law set the warning, a fine, detention, be ordered to cease (stop construction, stop use), confiscation illegal obtained, be ordered to stop practising (revocation of the corresponding qualification, qualification) six types of administrative penalties, increased order ceased to practise (revocation of the corresponding qualification, qualification), a kind of administrative penalty on a number of serious violations of fire-fighting regulations of the Act in particular acts of endangering public safety an additional penalty of detention, the law of the deterrence.

New fire safety violations

New fire protection law new fire violations are: (1) fire design via public security fire agencies according to the random unqualified, not stop construction; (2) a construction works in use by police and fire agencies representing non-qualified according to the law, do not stop using; (3) construction units not legally will fire design document reported the fire services of public security organ for the record, or failing to report after the completion of public security fire agencies for the record; (4) the construction of the building design unit or building construction enterprises reduce fire technical standards for the design, construction, and (5) construction and design units do not follow the fire technical standards mandatory requirements for fire protection design; (6) construction supervision units and construction units or collusion, falsification of construction enterprises, construction quality to reduce fire; (7) the personnel-intensive sites in door and window effect escape and set on fire-fighting and rescue of obstructions; (8) production, storage and management of inflammable dangerous places and living place settings in the same building, or not and keep a safe distance from the place of residence; (9) the production, storage, operation and other items of place and a place to live in the same building that do not meet the technical criteria for fire fighting; (10) the illegal carrying flammable explosive hazard access to public places or by public transport; (11) hinder police fire agency personnel from legally performing their official duties; (12) in the fire stop alarm, or have reporting responsibilities of staff not timely alarm; (13) the unauthorized use of the seal or by publicAn Office fire agencies place, parts of sealed; (14) the personnel-intensive sites use unqualified fire products or countries explicitly eliminated fire products; (15) fire product quality certification, fire detection, fire technical facilities services agencies provide false, inaccurate file.

These acts, there is a fire works adjusted the new situation, some socio-economic development of the new situation, new problems, there is the recent serious fire accidents of highlight, there are also more prominent, the greater danger. Therefore, the provisions of the new fire protection law should be given to the corresponding administrative punishment.

Increase in temporary seizure measures

New fire protection law in the original fire legislation concerning compulsory measures on the basis of the practice of law enforcement, fire fighting increased temporary closure measures.

New fire law police fire agencies in fire inspection found the fire danger, it shall notify the entity or individual to take immediate steps to eliminate risks; not timely elimination of hazards may be a serious threat to public safety, police and fire agencies should follow the provisions on dangerous sites or places of temporary closure measures.

Police station fire supervision duties in accordance with the provisions of the

Our more than 60% of fires and more than 60% of fire deaths and injuries occur in rural areas and towns. Considering that the public security organs fire agencies only in people's Governments at or above the county level, and the public security organs established police station covering the vast rural areas and urban communities, new fire protection law gave the police station, fire supervision duties require police station can be responsible for the day-to-day supervision and inspection of fire protection, fire safety education and awareness.

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