The People’s Government of
Ordinance No. 6
The Administrative Provisions of Tianjin Municipality for Fire Safety in High-rise Buildings was adopted at the 24th Meeting of the Municipal People’s Government on January 23, 2014 and is hereby promulgated. These Provisions shall go into effect as of April 4, 2014.
Mayor Huang Xingguo of
February 8, 2014
Administrative Provisions of
Article 1 These Provisions are enacted in accordance with the stipulations of the Fire Law of the People’s Republic of China, the Fire Provisions of Tianjin Municipality and other laws and regulations and in light of the concrete conditions of this Municipality with the aim of strengthening fire administration in high-rise buildings, preventing fire disasters and reduce the hazards of fire disasters, protecting personal and property safety.
Article 2 The high-rise buildings mentioned in these Provisions refers to the residential and public buildings whose height exceeds the state fire technical standards for engineering projects.
Article 3 The Municipal, district and county public security agencies shall be in charge of the supervision and administration of fire safety, the fire department under the public security agency at the same level shall be in charge of the implementation thereof, in high-rise buildings in areas under the jurisdiction of the respective government. The police station shall be in charge, according to the related state and Municipal provisions, of the day-to-day fire supervision and inspection and fire education in high-rise buildings.
Article 4 The Municipal, district and county fire department under the public security agency shall conduct comprehensive fire safety assessment of the high-rise buildings on a regular basis and suggest improvements on the basis of the results of the assessment and it shall submit the measures for improvement to the people’s government of the same level.
Article 5 The Municipal, district and county fire department under the public security agency shall formulate a rescue plan in response to emergencies and organize training programs and fire-fight rehearsals so as to improve the ability to extinguish fires, emergency response and rescue.
Article 6 The Municipal, district and county construction and transportation administrative department shall urge the unit of construction, design, examination of the blueprint of construction, and project supervision to strictly implement the state fire technical standards and other related administrative provisions for project construction and shoulder the responsibility for fire safety in construction project.
The high-rise building construction project that is required to be checked for its fire design according to law shall not be issued the construction permit by the Municipal, district and county construction and transportation administrative department if it does not subject to the check or fails the check.
The high-rise building construction project that is required to pass the fire inspection and acceptance according to law shall not be issued the fire equipment completion and acceptance certificate by the Municipal, district and county construction and transportation administrative department if it is not subject to fire inspection and acceptance or fails the inspection and acceptance.
Article 7 Where the Municipal, district and county competent administrative department examines and approves the plan for installing outdoor billboards, and examines scenic illumination on the high-rise buildings, it is required that the outdoor billboard and scenic illumination shall not block smoke discharge, fire fight and personal escape in case of fire.
Article 8 The state land and housing administration, industry and commerce, quality inspection, safety supervision department shall, depending on the division of labor, do a good job in fire safety in high-rise buildings.
Article 9 The homeowner, property user, property service enterprise shall fulfill the obligation for high-rise building fire safety in accordance with laws, regulations and provisions and the stipulations laid down in the contract.
Where a single high-rise building has two or more homeowners or property users, the homeowners and the property users shall choose among them a fire safety administrator or entrust the property service enterprise to take charge of the maintenance of the fire equipment in the high-rise building, administration of the escape pathway, safety exit, driveway for fire engines and other work concerning fire safety.
Article 10 The fire safety administrator and the entrusted property service enterprise for high-rise building fire safety (hereinafter referred to as “the administrator”) shall name specific persons for high-rise building fire safety and organize them for fire safety training.
Article 11 No unit may hire persons without matching qualification certificates to engage in the installation, debugging, inspection of the high-rise building fire equipment or the operation of the automatic fire equipment.
Article 12 Where the communal fire equipment in a high-rise building is inoperative or damaged, the administrator shall organize its repair timely. Where the fire equipment is required to stop operation due to building renovation or equipment repair, the administrator shall notify the local fire department under the public security agency and take effective measures to ensure fire safety.
Article 13 The construction unit shall assume responsibility for repair of communal fire equipment in the high-rise building when the guaranteed period remains effective; At the expiration of the guaranteed period, the expenses for the repair, replacement and renovation of the communal fire equipment in high-rise buildings shall be borne by the special fund for housing repair in accordance with pertinent state and Municipal regulations, apart from the items listed in the contract concerning day-to-day maintenance and repair. Where the special housing repair funds have not been set up or the remainder of the special housing repair funds are not sufficient to pay, the expenses for the maintenance, replacement and repair of the communal fire equipment in high-rise buildings shall borne by the home owner or the property user. Where there is no contract signed or the stipulations in the contract is not clear, the expense shall be shared by the home owners at the rate according to the space he occupies out of the total area of the said high-rise building.
Where the communal fire equipment is seriously damaged and no longer possesses the fire extinguishing capability or an untimely repair of the fire equipment may cause damage to personal and/or communal safety, the homeowner committee or the property service enterprise it entrusts shall apply for the use of the special housing emergency response fund; where the home owners committee has not been established, the neighborhood committee or the villagers committee may apply for the use of the special fund in accordance with the pertinent Municipal provisions.
Article 14 The district and county fire department under the public security agency, police station, neighborhood committee and villagers committee shall organize and guide the administrator in unfolding publicity campaigns on high-rise building fire safety, make use of building television, community television screen and fixed publicity board to disseminate the high-rise building fire safety knowledge and to increase the residents’ ability of fire extinguishing and surviving in fire.
Article 15 No unit or individual is allowed to change the use of the high-rise building, change the fire zoning or fire equipment without authorization or lower the fire-proof grade of the decoration materials, or occupy the escape rooms.
Where the homeowner or property user of the high-rise building conducts interior decoration or uses open fire, he shall inform the administrator in advance. The administrator shall sign a written contract with the home owner, property user and the construction unit by which to specify fire safety responsibility and duties and specify forbidden acts and points for attention.
Article 16 The relevant unit shall, under the guidance of the fire department under the public security agency, install conspicuous fire safety signs at the fire engine driveway, fire extinguishing place, fire control room, fire pumping room, water drawing spot and keep them in good shape by constant maintenance and management.
Conspicuous signs or warning words shall be installed at the main entrance and exit to the high-rise buildings, the lift lobby and the fire door to alert the passers- by the potential fire danger and to indicate the escape route and the direction leading to the exit.
Article 17 No unit or individual is allowed to occupy, block, or seals off the evacuation passage, exit and the fire engine driveway. Demarcating parking spots, installing fixed dividers shall not block the water source for extinguishing fires in the high-rise building or occupy the fire extinguishing place for high-rise buildings.
Article 18 Hotels or restaurants inside a high-rise building shall have a map inside the rooms indicating the evacuation route and each room shall be equipped with a flashlight, smoke face mask and other escape equipment complete with an instruction for use.
Residents of high-rise buildings shall learn how to cope with high-rise building fires and have self- rescue tools such as fire extinguisher, smoke face mask, whistle and flashlight.
Article 19 The high-rise building fire control room shall be manned 24 hours with a minimum of 2 persons on duty each shift. The person on duty in the high-rise building fire control room shall fulfill their obligations in accordance with the relevant standards and provisions.
Article 20 The operator of the hotels, restaurants, eateries in the high-rise building shall inspect the smoke collector, exhaust oil and smoke pipes at least once every quarter of the year for washing and maintenance, and keep a record of each inspection for two years.
Article 21 This Municipality encourages units or individuals to timely tip off illegal acts that endanger high-rise building fire safety.
The fire department under the public security agency and police station shall verify the tip off concerning high-rise building fire safety and handle it according to law and notify the informant of
the results of handling.
Article 22 The high-rise building that is determined by the Municipal fire department under the public security agency as with high fire risk shall, in accordance with pertinent state and Municipal provisions, entrust agency possessing matching qualifications to make fire inspection and safety assessment of the fire equipment and the results of the inspection and assessment shall be reported to the local fire department under the public security agency for the record.
The Municipal, district and county fire department under the public security agency shall strengthen the supervision and check-up of the high-rise buildings with high fire risks and the results of the supervision and check-up may be made public by means of the internet, etc.
Article 23 Where a unit that, in violation of these Provisions, hires persons without matching qualifications to install, debug and inspect the fire equipment in high-rise buildings or operate the automatic fire equipment in high-rise buildings, the fire department under the public security agency shall order it to make corrections before a deadline; where it refuses to make correction at the expiration of the deadline, the department shall impose on it a penalty of up to 5,000 yuan.
Article 24 Where a unit or individual, in violation of these Provisions, sets up parking spots, installs fixed dividers that block the water source for extinguishing fires in the high-rise building or occupies the fire extinguishing place for high-rise buildings, the fire department under the public security agency shall order it or him to make corrections, where it or he refuses to make corrections at the expiration of the deadline, the department shall impose in the case of a unit, a penalty of not less than 1,000 yuan but not more than 10,000 yuan, and in the case of an individual, a warning or a penalty of up to 1,000 yuan.
Article 25 Where a hotel or restaurant in a high-rise building, in violation of these Provisions does not have a map inside the rooms indicating the evacuation route and each room is not equipped with a flashlight, smoke face mask and other escape equipment complete with the instruction for use, the fire department under the public security agency shall order it to make corrections before a deadline; where it refuses to make corrections, the department shall impose on it a penalty of not less than 1,000 yuan but not more than 10,000 yuan.
Article 26 Where the fire control room is not manned 24 hours or the number of persons on duty is less than 2 for each shift, the fire department under the public security agency shall order it to make corrections and impose on the unit concerned by a penalty of not less than 1,000 yuan but not more than 10,000 yuan.
Article 27 Where any of the functionaries of the fire department under the public security agency or of other related departments abuses his powers, neglect his duties or resorts to malpractice for selfish gains, he shall be served a sanction according to law; where the offense is serious enough to constitute a crime he shall be investigated for criminal responsibilities.
Article 28 Where it is otherwise provided for in laws, regulations and stipulations for administrative sanction against violations of these Provisions, these laws regulations and stipulations shall prevail.
Article 29 These Provisions shall go into effect as of April 1, 2014
-----The English translstion version of this web can only be regarded as reference.-------
-----The English translstion version of this web can only be regarded as reference.-------