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Article 24 of the new Fire Protection Law stipulates that fire protection products must meet national standards; if there is no national standard, it must meet industry standards.

New Fire Law

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Article 24 of the new Fire Protection Law stipulates that fire protection products must meet national standards; if there is no national standard, it must meet industry standards.

Chinese name

New Fire Law

Nature

Fire Law

Area

Sichuan

Time

1998

Ensure that public safety fire protection products must meet national standards

The quality of fire protection products is directly related to fire safety and public safety.

Article 19 of the 1998 Fire Protection Law stipulates that the quality of fire protection products must conform to national standards or industry standards. It is forbidden to produce, sell, or use fire-fighting products that have not passed the inspection by an inspection agency determined in accordance with the provisions of the Product Quality Law.

It is prohibited to use accessories or fire extinguishing agents that do not meet national or industry standards to repair fire-fighting facilities and equipment.

Article 24 of the new Fire Protection Law stipulates that fire protection products must meet national standards; if there are no national standards, they must meet industry standards. It is prohibited to produce, sell or use unqualified fire products and fire products that have been eliminated by the state. Fire-fighting products that implement compulsory product certification in accordance with the law can only be produced, sold, and used after they have passed the compulsory requirements of national standards and industry standards.

Experts point out that this will help solve the quality problems of fire protection products from the source.

Change the scope of audits Most fire design audits are changed to spot checks

The 98th edition of the Fire Protection Law stipulates that the construction unit shall submit the fire protection design drawings and related materials of the construction project to the public security fire protection agency for review; if it is not audited or fails to pass the audit, the construction administrative department shall not issue a construction permit, and the construction unit construction.

The legislature believes that the fire protection design of construction projects should be the responsibility of the design unit for the quality of the design, and the public security fire protection agency shall implement supervision in accordance with the law. Fire protection design documents for special construction projects such as large-scale personnel-intensive places shall be reviewed by public security fire protection agencies; fire protection design documents for other construction projects shall be randomly checked by public security fire protection agencies according to law.

To this end, the new fire protection law stipulates that: for large-scale personnel-intensive places and other special construction projects prescribed by the public security department of the State Council, the construction unit shall submit the fire protection design documents to the fire protection organ of the public security organ for review. For the fire protection design documents of other construction projects, the construction unit shall report to the fire protection organ of the public security organ for the record, and the fire protection organ of the public security organ shall conduct spot checks.

At present, the construction unit shall, in accordance with relevant regulations, entrust the drawing review agency with the construction drawing design documents including the fire protection design of the construction project for review. Regarding this issue, the legislature believes that experience can be further summarized in practice, so there is no provision in this law.

Experts point out that such a modification will help liberate public security fire protection agencies from technical issues, and concentrate manpower and energy to strengthen fire safety supervision.

Defining new mission fire fighting to undertake emergency rescue rescue tasks

After the Sichuan Wenchuan earthquake, the public security fire fighting team played a very important role in saving lives. According to statistics, the actual rescue and rescue work undertaken by public security fire brigades other than fires has exceeded the task of fire fighting.

The new fire protection law summarizes the successful experience of the fire brigade in the Wenchuan earthquake disaster and clearly stipulates that the public security fire brigade and full-time fire brigade shall undertake major disaster accidents and other emergency rescue work mainly to save personnel's lives in accordance with national regulations. The public security fire brigade and full-time fire brigade shall give full play to the backbone of the professional force of fire fighting and emergency rescue, organize and implement professional skills training, equip and maintain equipment and equipment, and improve the ability of fire fighting and emergency rescue in accordance with state regulations.

Solve the problem of compensation and encourage the implementation of fire public liability insurance

In recent years, after a group of deaths, injuries and fires in many places, compensation and inadequate compensation are often inadequate for aftercare, which causes difficulties for the people's production and life, brings instability to society, and brings tremendous pressure to the government.

The implementation of fire public liability insurance is a measure to solve this problem. However, the legislature believes that the fire public liability insurance is a commercial insurance, and the state can encourage and guide relevant units to apply for insurance to solve the problem of compensation for losses caused by fire accidents to a certain extent. However, whether it should be stipulated by law as compulsory insurance must be carefully studied and further demonstrated.

To this end, the new fire protection law adds a new rule, "The state encourages and guides the public to gather places and companies that produce, store, transport, and sell flammable and explosive dangerous goods to apply for fire public liability insurance; insurance companies are encouraged to underwrite fire public liability insurance."

Relevant experts believe that sharing risks through insurance mechanisms is conducive to solving problems such as compensation for fire losses. However, considering that the implementation of compulsory insurance involves complicated issues such as the scope of policyholders and insurance rates, this system needs to be carefully studied and gradually implemented. The provisions of the new law are realistic and feasible.

Separate chapter of supervision and inspection to strengthen supervision

The 98th edition of the Fire Protection Law decentralizes the supervision and management responsibilities that fire protection agencies should assume in the chapter "Fire Prevention", which is incomplete and unclear.

The new fire protection law has a separate chapter called "Supervision and Inspection", which centrally specifies the supervision and management responsibilities of the government and its functional departments, especially public security fire protection agencies.

It is understood that this newly added chapter mainly provides two aspects:

On the one hand, it has increased the investigation and punishment of fire hazards by the fire protection agencies of public security organs. Provisions: If the fire prevention agency of a public security organ finds a hidden fire hazard during supervision and inspection, it shall notify the relevant unit or individual to take immediate measures to eliminate the hidden danger; if the hidden danger is not removed in a timely manner and may seriously threaten public safety, the fire prevention agency of the public security organ shall, in accordance with the regulations, place dangerous parts or places Take temporary seizure measures.

On the other hand, supervision of the performance of public security agencies in accordance with the law has been strengthened. Provisions: The fire protection design review, fire acceptance, and fire safety inspection of public security organs and their staff shall be conducted in accordance with statutory powers and procedures to be fair, strict, civilized, and efficient; no fees shall be charged and no benefits shall be sought; Use titles to designate or disguise fire protection product brands, sales units, fire technical service agencies, and fire protection facility construction units for users, construction units.

Experts believe that these regulations can effectively ensure the implementation of the Fire Protection Law, while preventing abuse of power, and meet the legal requirements for administration according to law, determination of powers and responsibilities, openness and transparency, and acceptance of supervision.

Increasing the liability for illegal rectification within a time limit is not a prerequisite for punishment

The 98th edition of the Fire Protection Law sets pre-conditions such as time-bound rectification for fire-fighting violations. Some major fire accidents often occur during the process of time-bound rectification, objectively allowing fire control violations.

For this reason, the new fire law has eliminated the preconditions of time-bound rectification before penalties, increased legal liability for illegal acts, and clarified the scope of fines.

Experts believe that these regulations are conducive to regulating law enforcement, preventing and reducing the occurrence of fire-fighting violations.

Strengthen protection measures

According to the provisions of the Safety Production Law, the places where flammable and explosive dangerous goods are produced, stored, and operated must not be located in the same building as the dwelling place.

In order to be in line with the provisions of the Safety Production Law, the new Fire Protection Law stipulates: "The places where flammable and explosive dangerous goods are produced, stored, and operated must not be located in the same building as the living place, and they should maintain a safe distance from the living place.

Enterprises and institutions are the basic units of social fire safety management. The self-defense and self-rescue capabilities of these units have largely determined the fire safety situation in a region.

The 98th edition of the Fire Protection Law does not make clear the fire safety responsible person. In the new fire protection law, the main person in charge of the unit is the fire safety person in charge of the unit. Organs, groups, enterprises, institutions and other units shall implement the fire safety management system. Key units of fire safety shall implement daily fire inspections and establish inspection records.

Citizens are responsible for establishing and improving social network units

The new "Fire Protection Law" has added new provisions to the general rules: in accordance with the principles of unified government leadership, departmental supervision, full unit responsibility, and active citizen participation, the implementation of a fire safety responsibility system and the establishment of a sound social fire protection network.

How to understand these principles? Li Shixiong, deputy director of the Fire Bureau of the Ministry of Public Security, said at the press conference on the day the "Fire Protection Law" was passed that the government, departments, units and citizens are the main players in the fire protection work. . At the same time he explained in detail:

Government responsibility. Governments at all levels must incorporate fire protection work into their national economic and social development plans, and ensure that fire protection work is compatible with economic and social development.

Departments supervise according to law. Departments with administrative approval and law enforcement functions must perform their duties in accordance with law. Involving relevant government departments with their own systems and industries, according to relevant regulations, when deploying their own systems and industry work, they should deploy fire safety work with them, inspect, implement, and evaluate them to ensure that their own system industry Fire Safety.

The unit is fully responsible. The main body of the fire was the unit. The unit was not on fire. The unit that played the decisive role was the unit itself, not the government, and not the public security fire department. The unit is not on fire, the key is to do a good job in fire protection. Therefore, the new "Fire Protection Law" stipulates the unit's responsibility as the main body of fire safety, especially the system of fire safety managers.

Active citizen participation. Citizens are participants and supervisors. Citizens should do a good job of fire safety around them, and also supervise illegal acts found in their surroundings, and stop and report them to jointly safeguard fire safety.

"Implementing the fire safety responsibility system and establishing a sound social fire protection network is a summary of China's fire protection experience and a lesson learned from countless fires," said Li Shixiong.

Strengthening fire protection work in rural areas

The "Urban Planning" in the 98th edition of the "Fire Protection Law" was revised to "Urban and Rural Planning", the difference between the words, "urban" and "rural" are both equal, reflecting the high emphasis on rural fire protection work.

More than 60% of fires and more than 60% of fire casualties in China have occurred in rural areas and towns. In recent years, the situation of fire safety in rural areas is still very severe. The number of fires, losses and casualties remain high, and fire safety problems in villages are prominent. The new "Fire Fighting Law" is based on the overall situation of fire fighting work, adapts to the requirements of building a new socialist countryside, and builds a harmonious society, and makes special provisions for rural fire fighting work.

In view of the frequent occurrence of fires during the agricultural harvest season, the new "Fire Protection Law" stipulates that during the agricultural harvest season, local people's governments at all levels should organize targeted fire prevention publicity and education, adopt fire prevention measures, and conduct fire safety inspections. It is clear that the village committee should identify fire safety managers, formulate fire safety conventions, conduct fire safety inspections, strengthen fire education and education, establish voluntary fire brigades and other forms of fire prevention organizations, and carry out mass self-defense and self-rescue work.

Considering that the fire protection agencies of public security organs are only established in public security organs at or above the county level, and the police stations cover the vast rural and urban communities, the new "Fire Protection Law" has given fire control responsibilities to police stations, stipulating that: police stations can be responsible for daily fire supervision and inspection, development Fire education.

Expand emergency rescue functions Government provides equipment and other guarantees

"Improving the emergency rescue mechanism" is a requirement put forward by the 17th National Congress of the CPC. Taking into account the advantages of the public security fire force in the active service system, equipment and equipment, training management and other aspects, as well as the remarkable effectiveness of the emergency rescue work of the public security fire force in recent years, especially the prominent role in the rescue of the Wenchuan earthquake disaster, the new Fire Protection Law is further strengthened The construction of emergency rescue capacity and necessary safeguard measures for the public security fire brigade and the government's full-time fire brigade are compared with the 1998 Fire Protection Law, which mainly reflects:

First of all, people's governments at all levels should strengthen the construction of fire prevention organizations, establish various forms of fire prevention organizations in accordance with the needs of economic and social development, strengthen the training of fire fighting technical personnel, and enhance the capabilities of fire prevention, suppression and emergency rescue.

Secondly, local people's governments at or above the county level should organize relevant departments to formulate emergency plans for the characteristics of fires in their respective administrative areas, establish emergency response and disposal mechanisms, and provide personnel and equipment for fire fighting and emergency rescue work.

Third, the public security fire brigade and the government full-time fire brigade participate in the emergency rescue work mainly to save the lives of the personnel in accordance with national regulations; the public security fire brigade and the full-time government fire brigade participate in the emergency rescue work for major disasters or accidents other than fires. The people's government at or above the level shall be under unified leadership.

Fourth, if the firefighters, fire equipment and materials mobilized to the emergency rescue site need railway, waterway or air transportation, the relevant departments shall give priority to transportation.

At the same time, the "Fire Protection Law" also provides for the provision of appropriate medical and pension funds for those injured, disabled or killed in participating in emergency rescue.

Increase 15 types of illegal acts and increase penalties

The new "Fire Protection Law" adds 15 categories of fire fighting violations. Li Shixiong introduced that some of these behaviors are new situations brought about by the adjustment of the fire protection work mechanism, some are new problems that have emerged in the new situation of social and economic development, and some are the outstanding reflections of lessons learned from severe and catastrophic fire accidents in recent years. The new Fire Protection Law provides corresponding administrative penalties for these acts.

The 98th edition of the "Fire Protection Law" decentralizes the supervision and management responsibilities that fire protection agencies should assume in the "Fire Prevention" chapter, which is incomplete and unclear. The new "Fire Protection Law" has a separate chapter "Supervision and Inspection", which centrally specifies the supervision and management responsibilities of the government and its functional departments, especially public security fire protection agencies.

Regarding the types of administrative penalties, orders for suspension of practice (revocation of corresponding qualifications and qualifications) have been added, and detention penalties have been added for some serious violations of fire control regulations, especially those that endanger public safety.

In accordance with the 98th edition of the "Fire Protection Law", the pre-conditions such as "time-bound rectification" have been set for the punishment of fire-fighting violations. Some major fire accidents often occur during the process of "time-bound rectification" and objectively let go of fire-fighting violations. Therefore, the "Fire Protection Law" eliminated the pre-conditions of "rectification within a time limit" before punishment, and increased the legal liability for illegal acts, and clarified the scope of fines. ^[1]