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Fire Prevention Law of The People's Republic of China
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    (Adopted at the Second Meeting of the Standing Committee of the Ninth National People's Congress on April 29, 1998 and promulgated by Order No. 4 of the President of the People's Republic of China on April 29, 1998)  
    Contents  
    Chapter I General Provisions  
    Chapter II Fire Prevention  
    Chapter III Fire Fighting Organizations  
    Chapter IV Fire Extinguishment and Rescue  
    Chapter V Legal Liability 
    Chapter VI Supplementary Provision
    Chapter I General Provisions  
    Article 1 This Law is enacted with a view to preventing fire and reducing fire damage, protecting the safety of citizens and the safety of public property and the property of citizens, maintaining public security and ensuring the smooth carrying out of the socialist modernization.  
    Article 2 The policy of prevention first and combination of fire prevention and fire fighting should be implemented in fire prevention, the principle of combination of specialized organs and masses shall be adhered to and the fire prevention safety responsibility system shall be practised.  
    Article 3 Fire prevention work shall be under the leadership of the State Council and the responsibility of local people's governments at all levels. People's governments at all levels should integrate fire prevention work into the national economic and social development plans and ensure that fire prevention work adapts to economic construction and social development.  
    Article 4 The department of public security under the State Council exercises supervision and administration over fire prevention work nationwide. Public security organs of local people's governments at and above the county level exercise supervision and administration over fire prevention work within their respective administrative areas and the fire fighting organs of public security organs of people's governments at the corresponding levels shall be responsible for the implementation. Fire prevention work of military installations, underground portions of mines and nuclear power plants shall be under the supervision and administration of the units in charge of them.  
In case of separate provisions under laws and administrative regulations governing fire prevention work of forests and prairies, those provisions shall be observed.  
    Article 5 All units and individuals have the obligation to maintain fire prevention safety, protect fire
fighting installations, prevent fire and report fire alarms. All units and adult citizens have the obligation to participate in organized fire
fighting work.  
    Article 6 People's governments at all levels should regularly conduct fire prevention publicity and education to raise citizens' fire prevention awareness.  
    Competent administrative departments of education, labour and others should integrate fire prevention know
how into contents of teaching and training.    Press, publications, broadcasting, film, television and other competent departments concerned have the obligation to conduct fire prevention safety publicity and education.    
    Article 7 Units and individuals having made outstanding contribution or prominent achievements in fire prevention work should be rewarded. 
Chapter II Fire Prevention  
    Article 8 Municipal people's governments should integrate fire
fighting planning including fire
fighting safety layout, fire brigades, fire
fighting water supply, fire
fighting communications, passages for fire engines, fire
fighting equipment and other contents into overall city planning and be responsible for organizing competent departments concerned in implementation.
    Where there are inadequacies in public fire
fighting installations and fire
fighting equipment or they are not in a position to cope with actual requirements, there should be additional construction, reconstruction, deployment or technical transformation.    
Scientific research should be stepped up in fire prevention work and advanced fire prevention technology and fire
fighting equipment shall be extended and used.  
    Article 9 Plants, warehouses and special
purpose railway stations and wharves producing, storing, loading and unloading inflammable or explosive hazardous goods must be located on the fringe of cities or in relatively independent safe belts. Filling stations, supply stations and pressure regulating stations of inflammable or explosive gases or liquids should be located in rational positions in line with the requirements for fire prevention and explosion prevention. For original plants, warehouses and special
purpose railway stations and wharves producing, storing, loading and unloading inflammable or explosive hazardous goods, and original filling stations, supply stations and pressure regulating stations of inflammable or explosive gases or liquids not in line with the provisions of the preceding paragraph, the units concerned should take measures to resolve the problems within the specified time period.  
    Article 10 For a construction project the fire prevention design of which to be worked out pursuant to the state technical standards for fire prevention of engineering construction, the design unit should do the design pursuant to the state technical standards for fire prevention of engineering construction, and the construction unit should submit the blueprints and relevant information of fire prevention design of the construction project to the public security fire
fighting department for examination and verification; for a construction project without undergoing examination and verification or failing to qualify upon examination and verification, the competent administrative department of construction must not issue the construction permit and the construction unit must not proceed with the construction.  
    The fire prevention design of a construction project examined and verified by the public security fire
fighting department that necessitates changes should be submitted to the original examining and verifying public security fire
fighting department for verification and approval; no unit or individual shall effect any change without verification and approval.
    At the time of completion of a construction project the fire prevention design of which is worked out pursuant to the state technical standards for fire prevention of engineering construction, acceptance checks for fire prevention must be carried out by a public security fire
fighting department; a project without completing acceptance checks or failing to qualify in acceptance checks must not be put into use. 
    Article 11 Fire
prevention characteristics of construction structural components and construction materials must conform to state standards or trade standards.  
    Public places in which non
inflammable and hard
to
burn materials should be used for their interior fixture and decoration pursuant to the stipulations of state technical standards for fire prevention of engineering construction must select the materials that have passed the inspection by an inspection agency determined pursuant to the provisions of the Product Quality Law.  
    Article 12 Public gathering places such as song and dance halls, cinemas and theatres, guest houses, hotels, markets and country fairs should, prior to going into operation or opening for business, submit an application to the local public security fire
fighting department and may go into operation or open for business upon passing the fire prevention safety inspection. 
    Article 13 For holding of activities of a mass character such as large gatherings, evening parties with fireworks and lantern parties with danger of fire, sponsoring units should work out contingency plans for fire
fighting and emergency evacuation with fire prevention safety measures in place, submit an application to the public security fire
fighting department and may hold such activities only upon passing the fire prevention safety inspection of the sites of the activities by the public security fire
fighting department.  
    Article 14 Organs, societies, enterprises and institutions should fulfil the following fire prevention safety responsibilities: 
    (1) working out fire prevention safety rules and fire prevention safety operational procedures;
    (2) practising the fire prevention safety responsibility system and determining the responsible persons for fire prevention safety of the units and their subordinate departments and positions; 
    (3) conducting fire prevention publicity and education among workers and staff members in the light of the characteristics of the units;
    (4) organizing fire prevention inspection to remove the hidden peril of fire in time;
    (5) deploying fire
fighting facilities and equipment, putting up fire prevention safety signs pursuant to relevant state provisions, and organizing inspection and maintenance at regular intervals to ensure that fire
fighting facilities and equipment are in perfect condition and effective; 
    (6) ensuring that evacuation channels and safety exits are unblocked and putting up signs for fire prevention safety evacuation in keeping with the state provisions; 
Management units of residential areas for inhabitants should, pursuant to the relevant provisions of the preceding paragraph, fulfil fire prevention safety responsibilities and do a good job in fire prevention safety work in residential areas.  
    Article 15 Collective dormitories for workers must not be located in buildings with workshops and warehouses therein.  
Collective dormitories for workers already located in buildings with workshops or warehouses therein should be resolved within the specified time period. Where there are actual temporary difficulties, necessary fire prevention safety measures should be taken and the dormitories may continue to be used upon approval of the public security fire
fighting department. 
    Article 16 Fire
fighting departments of public security organs of local people's governments at or above the county level should determine the units that have greater probability of outbreak of fire and that may suffer major casualties or major losses of property in case of fire as key units for fire prevention safety within their respective administrative areas and submit the same to the people's governments at the corresponding levels for the record. 
    Key units for fire prevention safety should, in addition to performance of the responsibilities prescribed in Article 14 of this law, fulfil the following fire prevention safety responsibilities: 
    (1) establishing fire prevention files, determining key positions in fire prevention safety, putting up fire prevention signs and exercising strict control;
    (2) carrying out daily fire prevention patrol and inspection and establishing patrol and inspection records;
    (3) conducting fire prevention safety training among workers and staff members; and 
    (4) formulating contingency plans for fire
fighting and emergency evacuation, and organizing fire
fighting exercises at regular intervals. 
    Article 17 Units and individuals that produce, store, transport and sell or use and destroy inflammable or explosive hazardous goods must observe the relevant state provisions for fire prevention safety. 
    Units that produce inflammable or explosive hazardous goods should enclose with the products directions indicating such data as the ignition point, flash point and explosion limit and annotate points for attention in fire prevention and explosion prevention. Independently packed inflammable or explosive hazardous goods should be stuck and enclosed with hazardous goods labels.
Relevant state provisions for fire prevention safety must be observed in entering sites producing and storing inflammable or explosive hazardous goods. It is prohibited to bring kindling material along in entering sites producing and storing inflammable or explosive hazardous goods. It is prohibited to bring inflammable or explosive hazardous goods illegally into public places or on board public transports. 
    Relevant state provisions for fire prevention safety must be observed in the management of warehouses storing inflammable materials.  
    Article 18 Use of open fire in sites with peril of fire and explosion is prohibited; in case of extraordinary circumstances that necessitate the use of open fire in operations, formalities of examination and approval should be completed in advance pursuant to provisions. Operators should adhere to fire prevention safety rules and adopt corresponding fire prevention safety measures.  
    Operators of electric welding and gas welding with peril of fire and operators of automatic fire
fighting systems must take up their positions with a qualification certificate and strictly adhere to operational procedures for fire prevention safety. 
    Article 19 Quality of fire
fighting products must meet state standards or trade standards. It is prohibited to produce, sell or use the fire
fighting products without passing inspection by inspection agencies determined pursuant to the provisions of the Product Quality Law.  
It is prohibited to use parts or fire
extinguishing chemicals that fail to meet state standards or trade standards in the maintenance of fire
fighting facilities and equipment.  
    Public security fire
fighting departments and their functionaries must not take advantage of their positions to designate the sales units and brands of fire
fighting products for users.
    Article 20 Quality of electrical products and gas appliances must meet state standards or trade standards. Installation and use of electrical products and gas appliances and design and laying of wiring and piping must meet relevant state technical provisions for fire prevention safety.
    Article 21 No unit or individual shall damage or shift for other uses, dismantle and suspend the use of fire
fighting facilities and equipment without authorization, shall bury or enclose fire hydrants, shall occupy the fire prevention separation zones and shall block fire
prevention channels. 
    Departments of public utilities and urban construction or other units must inform local public security fire
fighting departments in advance when construction of roads as well as stoppage of power and water supply and disconnection of telecommunications lines may affect fire brigades in fire extinguishment and rescue operations.  
    Article 22 During agricultural harvesting seasons, forest and grassland fire
prevention periods, major festivals and holidays and seasons when fires frequently occur, local people's governments at all levels should organize and carry out fire prevention publicity and education with clear
cut aims, adopt fire prevention measures and conduct fire prevention safety inspections. 
    Article 23 Villagers' committees and residents' committees should carry out fire prevention work of a mass character, organize the work in the formulation of the fire prevention safety pledge and conduct fire prevention safety inspections. Village and township people's governments and municipal sub
district offices should provide guidance and carry out supervision.  
    Article 24 Public security fire
fighting departments should carry out supervision and inspection in accordance with law over observance of fire prevention laws and regulations by organs, societies, enterprises and institutions. Supervision and inspection over key fire prevention safety units should be conducted at regular intervals.  
    Functionaries of public security fire
fighting departments should, when conducting supervision and inspection, produce identification cards. 
Public security fire
fighting departments must not collect fees when conducting supervision and inspection such as fire prevention examination and verification and acceptance checks. 
    Article 25 Public security fire
fighting departments should, upon discovery of hidden dangers of fire, inform the units or individuals concerned in time to take measures and remove the hidden dangers within the specified time period. 
    Chapter III Fire Fighting Organizations 
    Article 26 People's governments at all levels should, in accordance with the requirements of economic and social development, establish various forms of fire
fighting organizations, step up the building of fire
fighting organizations and upgrade fire
extinguishing and rescue capabilities. 
    Article 27 Municipal people's governments should, pursuant to the construction standards for fire brigades prescribed by the state, establish public security fire brigades, specialized fire brigades to undertake the work of fire extinguishment and rescue.  
    Township people's governments may, in the light of local economic development and requirements of fire prevention work, establish specialized fire brigades and voluntary fire brigades to undertake the work of fire extinguishment and rescue.  
    Public security fire brigades should, in addition to fulfilment of the task of fire extinguishment and rescue prescribed by this Law, participate in emergency rescue operations of other disasters or accidents. 
    Article 28 The following units should establish specialized fire brigades to undertake the work of fire extinguishment and rescue of the respective units: 
    (1) nuclear power plants, big
    size power plants, civil airports and big ports;
    (2) big
    size enterprises that produce and store inflammable or explosive hazardous goods;
    (3) big
    size warehouses and bases storing combustible essential materials;
    (4) other big
    size enterprises than those specified in items (1), (2) and (3) in which there are greater danger of fire but which are rather far from local public security fire brigades; and ;
    (5) management units of ancient architectural complexes listed as key national cultural relics protected units and located rather far from local public security fire brigades.
    Article 29 Establishment of specialized fire brigades should be in line with relevant state provisions and submitted to the fire
fighting departments of the public security organs of the people's governments at the provincial level for acceptance checks.  
    Article 30 Organs, societies, enterprises, institutions and townships, villages may, in the light of requirements, establish voluntary fire brigades composed of workers and staff members or villagers.
    Article 31 Public security fire
fighting departments should provide professional guidance for specialized fire brigades and voluntary fire brigades and have the authority to command and direct specialized fire brigades to participate in fire
extinguishing and rescue work.
    Chapter IV Fire Extinguishment and Rescue 
    Article 32 Whoever discovers a fire should report the fire alarm forthwith. All units and individuals should provide facilities for reporting the fire alarm without compensation and must not obstruct reporting the alarm. Reporting false fire alarms is strictly prohibited. 
    In the event of occurrence of a fire in a public place, staff members of the said public place on the scene have the obligation to organize and guide the masses present at the site in evacuation.  
    A unit where a fire has occurred must organize forces to extinguish the fire and conduct rescue operations forthwith. Neighbouring units should provide support.  
    Fire brigades must, on receipt of the fire alarm, rush to the scene of fire at once, rescue people in danger, eliminate the dangers and extinguish the fire. 

    Article 33 In unified organization and command of on
the
scene fire extinguishment and rescue operations by a public security fire
fighting department, the commander
in
chief at the scene of fire has, in the light of the requirements of fire extinguishment and rescue operations, the power to decide on the following matters:  
    (1) use of various water sources; 
    (2) disconnection of transmission of electricity, inflammable gases and liquids, restrictions in the use of fire and electricity;
    (3) delimitation of cordon zones and imposition of local traffic control;
    (4) use of neighbouring and close buildings and related facilities; 
    (5) dismantling or damaging of buildings and structures neighbouring the scene of fire to prevent the fire from spreading; and 
    (6) mobilization of such relevant units as those of water supply, power supply, medical aid, communications and transport to assist in fire extinguishment and rescue operations. 
In the event of extinguishment and rescue operations of an extraordinarily big fire, the local people's government concerned should organize personnel concerned, despatch and gather required materials in support of fire extinguishment.
    Article 34 Participation in removal of danger and rescue operations in other disasters or accidents than fire by public security fire brigades shall be under the unified command of the local people's government concerned.  
    Article 35 Fire engines and fire boats shall not be subjected to the restrictions of the speed, routes and directions of driving and navigating as well as direction signals while on their way to the execution of missions of fire extinguishment or removal of danger and rescue operations in other disasters and accidents. Other vehicles and vessels and pedestrians must give way and must not penetrate or overtake them. Traffic control commanders should ensure the speedy passage of fire engines and fire boats. 
    Article 36 Fire engines, fire boats as well as fire
fighting apparatuses, equipment and facilities must not be used in matters not related to fire fighting and removal of danger and rescue operations.  
    Article 37 Public security fire brigades must not collect any fee for fire extinguishment and rescue operations from units or individuals that have experienced the fire.  
Specialized fire brigades and voluntary fire brigades shall be compensated according to provisions for the consumption and damage of fuels, fire extinguishing chemicals and apparatuses and equipment during participation in fire extinguishment and rescue operations in other units. 
    Article 38 Persons injured, disabled or deceased for participation in fire extinguishment and rescue operations shall be given medical treatment or pension for the disabled or pension for the family of the deceased according to relevant state provisions. 
    Article 39 A public security fire
fighting department has, after extinguishment of a fire, the power to seal off the site of the fire in accordance with requirements, and shall be responsible for investigating and confirming the causes of the fire, verifying the losses of the fire and ascertaining the responsibility for the fire accident.  
    With respect to an extraordinarily big fire accident, the State Council or a provincial people's government may organize investigation when it deems necessary.  
    A unit where a fire has broken out should, after extinguishment of the fire and pursuant to the requirement of the public security fire
fighting department, protect the site, accept investigation of the accident and truthfully provide information on the facts of the fire.  
    Chapter V Legal Liability 
    Article 40 Whoever commits any of the following acts in violation of the provisions of this Law shall be ordered to make a rectification within a specified time period; if he fails to make a rectification on expiry of the specified time period, the offender shall be ordered to stop the construction, stop the use or stop the production and business operations and may concurrently be imposed a fine:  
    (1) proceeding with construction of a project in circumstances where the fire prevention design of the project has not been submitted to the public security fire
fighting department for examination and verification or fails to pass the examination and verification; 
    (2) putting into use a construction project in circumstances where the project has not undergone fire prevention acceptance checks or fails to pass the acceptance checks on completion of construction of the project for which a fire prevention design should be carried out according to law; and 
    (3) putting into use or operation a public gathering place in circumstances where the place has not undergone the fire prevention safety inspection or fails to pass the inspection. 
    A unit that commits acts of the preceding paragraph shall be penalized pursuant to the provisions of the preceding paragraph, and the person
in
charge held directly responsible and other personnel directly responsible shall be administered a warning or imposed a fine. 
    Article 41 Whoever holds such activities of a mass character as a large gathering, fireworks evening party or lantern party with the danger of fire without authorization in violation of the provisions of this Law shall be ordered by the public security fire
fighting department to make an on
the
spot rectification; if he fails to make a rectification on the spot, the offender shall be ordered to stop the holding and may concurrently be imposed a fine.  
    A unit that commits the act of the preceding paragraph shall be penalized pursuant to the provisions of the preceding paragraph, and the person
in
charge held directly responsible and other personnel directly responsible shall be administered a warning or imposed a fine. 
    Article 42 Whoever lowers fire prevention technical standards in construction, uses construction structural components and construction materials the fire prevention characteristics of which fail to meet state standards or trade standards, or proceeds with construction with substandard fixture and decoration materials without authorization in violation of the provisions of this Law shall be ordered to make a rectification within a specified time period; if he fails to make a rectification on expiry of the specified time period, the offender shall be ordered to suspend the construction and may concurrently be impose a fine. 
    A unit that commits acts of the preceding paragraph shall be penalized pursuant to the provisions of the preceding paragraph, and the person
in
charge held directly responsible and other personnel directly responsible shall be administered a warning or imposed a fine.
    Article 43 An organ, a society, an enterprise or an institution that fails to perform fire prevention safety responsibilities in violation of the provisions of this Law shall be ordered to make a rectification within a specified time period; if the unit fails to make a rectification on expiry of the specified time period, its person
in
charge held directly responsible and other personnel directly responsible shall be imposed administrative sanctions or administered a warning according to law.  
    A business site that commits any of the following acts shall be ordered to make a rectification within a specified time period; if it fails to make a rectification on expiry of the specified time period, it shall be ordered to suspend the production or business operations and may concurrently be imposed a fine, and its person
in
charge held directly responsible and other personnel directly responsible shall be imposed a fine: 
    (1) failing to remove the hidden danger of a fire in time; 
    (2) failing to deploy fire
fighting facilities and apparatuses pursuant to relevant state provisions; and
    (3) failing to ensure that evacuation channels and safety exits are unblocked. 
Where a workers' collective dormitory is located in a building with workshops or warehouses, penalty shall be imposed pursuant to the provision of the second paragraph.
    Article 44 Whoever, in violation of the provisions of this Law, produces and sells fire prevention products that fail to pass inspection by an inspection agency determined pursuant to the provisions of the Product Quality Law shall be ordered to stop the illegal act, confiscated of the products and illegal gains, and given a heavier penalty pursuant to the provisions of the Product Quality Law.  
    A maintenance, inspection and testing unit of fire
fighting facilities and apparatuses that carries out maintenance, inspection and testing in violation of the fire prevention safety technical rules shall be ordered to make a rectification within a specified time period and may concurrently be imposed a fine, and its person
in
charge held directly responsible and other personnel directly responsible administered a warning or imposed a fine. 
    Article 45 Whoever installs electrical products and gas appliances or lays wires and pipes not in line with the fire prevention safety technical rules shall be ordered to make a rectification within a specified time period; if he fails to make a rectification within the specified time period, the offender shall be ordered to suspend the use.  
    Article 46 Whoever produces, stores, transports and sells or uses and destroys inflammable or explosive hazardous goods in violation of the provisions of this Law shall be ordered to stop the illegal acts and may be administered a warning, imposed a fine or put under detention under 15 days.  
    A unit that commits acts of the preceding paragraph shall be ordered to stop the illegal acts and may be administered a warning or imposed a fine, and its person
in
charge held directly responsible and other personnel directly responsible penalized pursuant to the provisions of the preceding paragraph.  
    Article 47 Whoever commits any of the following acts in violation of the provisions of this Law shall be administered a warning, imposed a fine or put under detention under 10 days:  
    (1) entering a site producing and storing inflammable or explosive hazardous goods in violation of fire prevention safety rules;
    (2) illegally using open fire in operations or smoking and using open fire at a site with peril of a fire and an explosion in violation of the ban; 
    (3) obstructing the reporting of a fire alarm or reporting a false fire alarm; 
    (4) deliberately obstructing fire engines and fire boats to rush to the scene of fire or disrupting the order at the scene of fire; 
    (5) refusing to execute the command of the commander at the scene of fire and affecting fire extinguishment and disaster relief; and 
    (6) leading to a fire by negligence which has not resulted in serious losses.
    Article 48 Whoever commits any of the following acts in violation of the provisions of this Law shall be administered a warning or imposed a fine:  
    (1) inciting or forcing other persons to engage in operations against danger in violation of fire prevention safety rules and having not resulted in serious consequences; 
    (2) burying, occupying fire hydrants or occupying fire prevention separation zones, blocking fire
fighting channels, or damaging and shifting for other purposes, dismantling and suspending the use of fire
fighting facilities and apparatuses; and 
    (3) having major hidden danger of fire but failing to make a rectification on expiry of the notice by the public security fire
fighting department.  
    A unit that commits acts of the preceding paragraph shall be penalized pursuant to the provisions of the preceding paragraph, and the person
in
charge held directly responsible and other personnel directly responsible administered a warning or imposed a fine.  
Whoever commits acts listed in Item (2) of the first paragraph should also be ordered to restore the original state within a specified time period or compensate the losses; if he fails to restore the original state on expiry of the specified time period, the offender should be forced to dismantle or remove the obstacles and the required cost shall be borne by the person of the illegal acts. 
    Article 49 In the event of occurrence of a fire at a public place, staff members of the said public place on the scene who fail to fulfil the obligation of organizing and guiding the masses in evacuation resulting in casualties yet not constituting a crime shall be put under detention under 15 days.  
    Article 50 Whoever deliberately destroys the scene or forges a scene for purposes of concealing and covering up the causes of the fire and shirking responsibilities upon extinguishment of the fire yet not constituting a crime shall be administered a warning, imposed a fine or put under detention under 15 days. 

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