【 Weak current College 】 new fire protection law interpretation (1)

The revised law on fire People's Republic of China (hereinafter referred to as new fire protection law) is the eleventh session of the Standing Committee examined and adopted, since May 1, 2009. The Ministry of public security official responsible for 19 new keywords for comprehension fire protection law.

New fire prevention principles

New fire law inheritance and development of our fire legal construction results in the General provisions of the "fire work in carrying out prevention, anti-binding approach, in accordance with government departments unified leadership, according to the regulation, the unit responsible for the active participation of citizens, the principles of responsibility, fire safety, establish and perfect the socialization of fire work network" and established the fire policies, principles, and accountability.

Fire safety is the governmental social management and important elements of public service, is the social stability and economic development of important protection. Governments must strengthen the leadership to fire, which is implementing the scientific development concept, building a modern service-oriented Government, building a harmonious socialist society. The relevant government departments for fire service joint management, it is fire work socialization attribute. All levels of public security, construction, industry and commerce, quality monitoring, education, human resources, and other departments should be based on relevant laws, regulations and policies, to carry out the appropriate fire safety duties. The units are the basic unit of society is at the heart of fire safety management. Citizens is the basis for the fire service, not the broad masses of the people involved in the fire service does development progress, and the whole society resist fire Foundation will not be secure. "The Government" and "sector" and "unit" and "citizens" who are the subject of the fire service, government departments, the unified leadership of supervision, the unit responsible for active participation, civic building fire safety work pattern, either party is very important, be dispensed with, this is a new fire protection law determines that the principle of work of fire.

Government fire duties

New fire protection law under article 3: "the leading national fire safety work. Local governments are responsible for the administrative region of the fire. "This is about the people's Governments at various levels in accordance with the rules of the fire work responsibilities.

Fire safety relationship people live and work, social stability and economic reform and development of the construction, relationship, job stability is important for fire work. The State Council as the Central People's Government, the highest organ of State authority, the national administrative authorities, leading national fire safety work. At the same time, the fire service is also a local strong government administrative work, many of the specific work, must be determined by the local government. New fire in macroeconomic planning, fire prevention, fire prevention, fire in rural organization construction, supervision of fire-fighting and rescue, law enforcement, Government, such as specific fire work responsibilities are clearly defined.

Police and fire agencies responsibilities

New fire protection law article 4 provides: "the public security department under the State Council on the implementation of the national fire work supervision. The local people's Governments at or above the county level public security organs of the administrative region shall exercise supervision over the management of fire prevention and fire at people's public security organs of the body responsible for implementation. ”

New fire protection law on police and fire agencies in promoting education, supervision and enforcement, fire fighting and rescue, team building, honest, and so prescribes.

New fire service law, police and fire agencies in fire in abuse, neglect their duties, commit, not the Constitution crime, legally imposes the sanction.

Fire Management main exceptions

New fire method to clear the fire services of public security organs on the specific implementation of fire prevention, supervision and control of some special units of fire prevention in the regulatory body to do the exceptions, the General provisions of article IV, paragraph 1: "the fire of military facilities, and by its competent administration units, police and fire agencies assist; mine underground parts, nuclear power plants, offshore oil and gas facilities, fire prevention, supervision by the authorities. "At the same time, forests, grasslands, the particularities of the fire service provides" laws, administrative regulations for forest, prairie fire work otherwise stipulated. ”

Administrative departments of the fire service duty

New fire protection law article 4, paragraph 2: "the people's Governments at or above the county level and other relevant departments within the scope of their functions, in accordance with this law and other relevant laws and regulations do fire safety work. ”

New fire protection law provides education, human resources administration departments and schools, vocational training institutions should be fire knowledge into education, teaching and training content. The construction of fire design without legal audit or audit non-qualified, responsible for approving the construction license for the sector of construction permits shall not be given. Provides product quality supervision departments, industrial and commercial administrative departments shall, in accordance with the mandate to strengthen the fire protection products quality supervision and inspection; production and sales of fire products or countries explicitly eliminated fire products by product quality supervision departments or the administrative authority for industry and commerce in accordance with the People's Republic of China product quality law "provisions of a heavier punishment.

Flat fire safety responsibilities

Units are the basic unit of fire management, units on fire safety and disaster management capacity factors reflect community fire safety management level, largely determine a city, an area of fire safety situation. New fire protection law and further strengthen the organs, organizations, enterprises, institutions and other organizations in support of fire safety, fire safety duties clearly in charge of the unit responsible for fire safety.

New fire protection law provides that no entity should be free to provide convenient, does not have alarm stop alarm, no fake fire; fire units, must immediately organized forces fighting fires, adjacent units should be given support; fire extinguishing, fire units and related personnel shall in accordance with the police and fire agencies require protection field, accept the accident investigation, providing and fire accurately.
BR > citizens ' rights and obligations

Citizens is an important participant in the fire service and supervision. New fire protection law on citizens in the fire in the rights and obligations are:

Anyone have the maintenance of fire safety, fire protection, fire-prevention facilities, the report fire. Any adults have participated in organized fire suppression work obligations.

A person shall not damage, misappropriation, or unauthorized dismantling, deactivate fire facilities, equipment, not to bury, occupy, blocking the fire hydrant or occupied, shall occupy, jams, closed evacuation channels, safe, fire trucks channel.

Any person found fire should immediately call the police. Anyone should be free to alarm shall not obstruct, the police. No false alarm.

Fire fight, related personnel shall in accordance with the police and fire agencies require protection field, accept the accident investigation, providing and fire accurately.

Construction project implemented fire review, acceptance and record inspection system

To reduce administrative matters, it is necessary to meet the convenience Limin, new fire protection law reform of the construction works fire management system clearly the construction engineering fire design review, acceptance and registration spot fire protection system.

New fire Act on Public Security Department's large, personnel are crowded places and other special projects, from police and fire agencies implementing construction engineering design reviews, fire acceptance.

New fire protection law clarified other project implementation record inspection system. Provisions on other projects, construction unit should be legally obtained construction license of seven working days, will fire design document reported the fire services of public security organ for the record, the public security organs fire agencies should spot checks by sampling in accordance with the law is not qualified, the construction should be stopped. Construction unit after the engineering acceptance should be reported to the police and fire agencies for the record, the public security organs fire agencies should spot checks by sampling in accordance with the law, not qualified to be suspended.

Public gathering places for fire safety check

Public gathering places for fire safety has always been the focus of fire management. New fire law inheritance and developed the original fire protection law on police and fire agencies on the public gathering places in use, business before the fire safety inspection, canceled the original fire protection law regarding public gathering places without fire safety inspection or examination does not comply with fire safety requirements for the unauthorized use, business administrative punishment, corrected within a precondition, to the existence of such violations, and provides for direct to order the cessation of construction, stop use and halt the administrative penalties and fines.


Organizing mass events fire safety requirements

To reduce administrative matters, new fire protection law will be a large mass of fire safety into the large mass activities, safety management regulations and order of an administrative review of the content, avoid multiple approval to facilitate community to facilitate the masses, and at the same time, clear the fire safety requirements to organize major mass activities, the sponsor shall apply to the public security organs to develop safety permit fire fighting and emergency evacuation plan and organize the walkthrough, the clear division of responsibilities for fire safety, fire safety management personnel, maintaining fire protection equipment and fire-fighting equipment configuration is complete, intact, ensure evacuation channels, safe export, evacuation signs, emergency lighting and fire trucks channel meets the technical standards and regulations.

Fire product supervision and management system

Fire products belong to security products, their quality is directly related to the fire of fire protection products can effectively play its role to protect the personal safety and property security. New fire protection law further defined the monitoring and management system of fire protection products. Provision of fire protection products must meet national standards; there is no national standards must be consistent with industry standards. Prohibiting the manufacture, sale or use of products and countries explicitly eliminated fire protection products.

New fire protection law identified fire products compulsory certification system, the provisions of the law should be a mandatory product certification of fire protection products, by a legally qualified certification bodies in accordance with national standards, industry standards mandatory requirements for certified before production, sale and use.