Chapter I General Provisions Article 1 In order to strengthen the fire supervision and inspection work of public security police stations and implement the fire supervision and inspection duties of public security police stations, according to the Fire Protection Law of the People's Republic of China and the Implementation of <: Fire Protection Law of the People's Republic of China > Measures "and" Regulations on Fire Supervision and Inspection "(Order No.73 of the Ministry of Public Security) and other relevant laws, regulations and rules, these Provisions are formulated.
Article 2 These Provisions shall apply to the public security police stations within the administrative area of this province to conduct fire supervision and inspection on the management units, residents' committees and villagers' committees in residential areas to perform their fire safety duties and the units authorized by the public security organs at higher levels.
Authorization shall be carried out in the form of documents based on the principle of appropriate workload.
The scope of authorization is public gathering places that are not listed as the focus of fire safety, as well as other units that are more likely to have a fire and may cause heavy casualties or property losses in the event of a fire.
Article 3 The police station shall carry out fire control supervision and inspection under the leadership of the competent public security organ, and accept the guidance of the fire control institution of the competent public security organ in business. Chapter II Forms, Methods and Contents of Supervision and Inspection
Fourth public security police stations to carry out fire supervision and inspection mainly in the form of:
(a) supervision and spot checks on the performance of fire safety duties by residents' committees, villagers' committees and management units in residential areas;
(two) to supervise and check the units authorized by the public security organs at higher levels;
(three) to investigate and deal with fire violations reported and complained;
(four) other fire supervision and inspection according to the needs.
Article 5 The public security police station shall organize supervision and spot checks according to the fire laws and characteristics of the local area and the fire safety needs of major festivals and events. The supervision and spot check on the performance of fire safety duties by residents' committees, villagers' committees and management units in residential areas should not be less than once a year, and the supervision and spot check on units authorized by public security organs at higher levels should be organized at least once every six months.
When organizing supervision and spot checks, you can determine the inspected unit in a random way. The number of units randomly selected shall be determined according to the number of police officers and the quantitative standards for supervision and inspection. The specific quantitative standards shall be determined by the public security organs of the districts and cities according to the local actual conditions.
Sixth police in the implementation of fire supervision and inspection, can adopt the following methods:
(1) Asking about the fire control work of the unit and the fire control knowledge of the employees;
(two) access to information and documents related to fire safety;
(three) check whether the fire hydrant and fire extinguishing equipment are in good condition;
(four) to check the setting and effectiveness of fire safety signs.
Article 7 When conducting supervision and spot checks on units authorized by public security organs at higher levels, the following contents shall be checked:
(a) whether the building of the inspected unit has gone through the procedures of fire protection design audit and fire protection acceptance according to law;
(two) whether the evacuation passage, exit and fire truck passage are unblocked, and whether the evacuation signs and emergency lighting are in good condition and effective;
(three) fire patrol, inspection and rectification of fire hazards;
(four) whether the fire hydrant and fire extinguishing equipment are in good condition;
(five) whether the establishment of fire safety signs conforms to the relevant provisions of the state and is effective;
(six) the person in charge of fire safety and the fire safety manager perform the fire safety duties stipulated in the Regulations on Fire Safety Management of Organs, Organizations, Enterprises and Institutions (Order No.6 1 of the Ministry of Public Security);
(seven) the fire control room on duty and operating personnel related certificates;
(eight) other contents that need to be checked.
The contents of items (2), (4) and (5) in the preceding paragraph, the location and quantity of inspection can be taken by random inspection.
Eighth of the residents' committees and villagers' committees to perform their duties of supervision and inspection, should check the following contents:
(a) the formulation and implementation of the fire safety convention;
(two) to carry out fire safety inspection and rectification of fire hazards;
(three) the implementation of fire prevention publicity and fire prevention measures during the key fire prevention period;
(four) residential (village) people firewood haystack stacking, fire water and fire truck access;
(five) other contents that need to be checked. The contents of item (4) in the preceding paragraph, the location and quantity of inspection can be taken by spot check.
Article 9 The following contents shall be examined in the supervision and inspection of the management units in residential areas performing their duties:
(a) the formulation of fire safety system, the implementation of fire safety responsibility, to carry out fire safety publicity and education;
(two) to carry out fire inspection to eliminate fire hazards;
(three) the implementation of measures to ensure the smooth passage of evacuation routes, safety exits and fire engines;
(four) the implementation of measures to ensure the integrity and effectiveness of public fire control facilities and equipment and fire safety signs;
(five) other contents that need to be checked. The contents of items (3) and (4) in the preceding paragraph, the location and quantity of inspection can be taken by spot check.
Article 10 The results of fire control supervision and inspection may be notified or announced to the public through appropriate means.
Chapter III Procedures for Supervision and Inspection
Article 11 When a police station conducts fire control supervision and inspection, there shall be no less than two policemen, who shall wear standard police uniforms and produce fire control supervision and inspection certificates issued by the public security organs of districts and cities.
Twelfth police in the implementation of fire supervision and inspection, should fill in the "fire supervision and inspection records". After the inspection, the Record of Fire Supervision and Inspection shall be submitted to the person in charge of the inspected unit for reading and signing; If there is any objection to the record or refuses to sign it, the police shall indicate it. "Fire supervision and inspection records" shall be submitted to the local police station for filing.
Thirteenth public security police station to accept reports and complaints about fire violations, should fill in the "fire violations report, complaint investigation record"; If the report or complainant requests confidentiality, it shall be kept confidential.
The police station shall check the reports and complaints about the locked exit and the blocked evacuation passage within 24 hours; Reports and complaints about other fire violations shall be verified within 4 working days. If the situation is true, it shall be handled in accordance with the provisions. The verification and handling of the situation shall promptly inform the report and the complainant; Can not be informed, it should be noted in the "fire violations report, complaint investigation record".
Fourteenth public security police station in the fire supervision and inspection found that one of the following circumstances, it should be identified as a fire hazard:
(a) affecting the safe evacuation of personnel or fire fighting and rescue operations, which cannot be corrected immediately;
(two) the fire control facilities are not in good condition and effective, which affects the fire prevention and extinguishing function;
(three) changing the fire zone without authorization, which is likely to lead to the spread and expansion of the fire;
(four) in violation of fire safety regulations in crowded places, the use and storage of flammable and explosive chemicals can not be corrected immediately;
(five) does not meet the requirements of urban fire safety layout, affecting the safety of the public.
In case of serious circumstances listed in the preceding paragraph, which may cause heavy casualties or heavy property losses, it shall be determined as a major fire hazard.
Fifteenth police in the supervision and inspection, found one of the following acts, shall be ordered to correct immediately, and recorded in the "fire supervision and inspection records", shall be punished according to law:
(a) illegal entry into the production and storage of inflammable and explosive dangerous goods;
(two) the illegal use of open flame operation or smoking in places with fire and explosion danger, the use of open flame and other violations of the ban;
(3) Locking or shielding the exit, or occupying the fire prevention space or blocking the evacuation passage;
(four) fire control facilities and fire fighting equipment are blocked, which hinders the use or is used for other purposes;
(five) normally closed fire doors are in the open state, or articles are stacked under the fire shutter;
(six) illegal closure of fire facilities, cut off fire power supply;
(seven) in violation of fire safety regulations, the production, use, storage, sale, transportation or destruction of inflammable and explosive dangerous goods;
(eight) other fire violations that should be corrected immediately.
Sixteenth fire supervision and inspection found one of the following acts, it shall be ordered to make corrections within a time limit:
(a) the fire protection design of a building project has not been audited by the public security fire control institution or has been unqualified after the audit, and has been constructed without authorization;
(two) the construction project that should be designed for fire protection according to law is used without fire protection acceptance or unqualified acceptance;
(three) the public gathering place is used or opened without fire safety inspection or unqualified inspection;
(four) in shopping malls, public entertainment venues set up staff quarters, as well as in buildings with workshops or warehouses set up staff dormitory;
(five) fire facilities, fire fighting equipment, fire safety signs do not meet the requirements, can not be corrected immediately;
(six) the installation of fences and other obstacles that affect evacuation on the safety exit or evacuation passage can not be corrected immediately;
(seven) the fire truck passage and fire spacing are occupied and cannot be corrected immediately;
(eight) other fire violations that cannot be corrected immediately.
Seventeenth for rectification within a time limit, the public security police station shall make a "Notice of Ordering Correction within a Time Limit", which shall be delivered within 4 working days from the date of inspection. If it is preliminarily determined that it constitutes a major fire hazard, the public security police station shall report in writing to the fire control institution of the competent public security organ within 2 working days.
Rectification within a time limit shall take into account the actual situation of the unit and reasonably determine the rectification period and mode. Involving complex or difficult technical problems, it shall be reported to the fire control institution of the competent public security organ for decision.
If the rectification cannot be completed within the time limit due to justifiable reasons, the unit may submit a written application to the police station before the expiration of the rectification period. The police station shall examine the application and make a decision on whether to approve the extension, and make and serve the Notice of Agreeing/Disagreeing the Extension of Rectification within 3 working days from the date of accepting the application.
Eighteenth police stations should review the rectification within 4 working days from the day after the expiration of the rectification period, and make and deliver the Review Opinion within 3 working days from the date of review.
Those who fail to make corrections within the time limit shall be punished according to law. Those who fail to make corrections within the time limit without justifiable reasons shall be severely punished according to law.
Nineteenth public security police station to perform the duties of fire supervision and inspection, should be strictly in accordance with the law to fill in all kinds of fire supervision and inspection legal documents and public security administrative punishment documents, made in the name of the competent public security organ fire control institutions.
For those who are given detention punishment, the seal of the competent public security organ shall be affixed to the decision on administrative punishment.
In addition to the fire administrative punishment, other fire supervision and inspection legal documents shall be examined and approved by the person in charge of the public security police station.
Chapter IV Fire Administrative Punishment
Twentieth public security police station in the implementation of fire administrative punishment, its internal examination and approval authority is as follows:
(a) in line with the conditions for punishment on the spot, the police of the public security police station may make a decision on administrative punishment on the spot.
(2) If the individual is fined less than 1000 yuan (exclusive) and the unit is fined less than 10000 yuan (exclusive), the police station shall report it to the fire control institution of the competent public security organ for approval and execute it.
(3) If an individual is fined more than 1000 yuan, a unit is fined more than 10000 yuan, and it is necessary to order to stop production and business, stop construction and stop using, the police station will put forward punishment suggestions and report them to the fire department of the competent public security organ for decision and implementation. Ordered to stop production and business, which has a great impact on economic and social life, shall be reported to the local people's government by the fire department of the competent public security organ for decision according to law.
(four) the punishment of detention shall be decided by the public security organ in accordance with the regulations on administrative penalties for public security.
Article 21 Public security police stations shall strictly implement the Administrative Punishment Law of the People's Republic of China and the Procedures for Handling Administrative Cases by Public Security Organs (Order No.68 of the Ministry of Public Security), and strictly implement the national and provincial regulations on the collection and separation of fines.
Twenty-second public security police station to urge the correction of fire violations, rectification of fire hazards or punishment according to law, according to the need to summon the relevant personnel. When summoning, the "Summoning Certificate" shall be used.
Twenty-third if a party refuses to accept the specific fire administrative act made by the public security agency in the name of the fire department of the competent public security organ and applies for reconsideration, the competent public security organ shall accept the administrative reconsideration.
Chapter V Supervision, Evaluation, Reward and Punishment
Twenty-fourth police station fire supervision and inspection work to implement the director responsibility system and the police responsibility system, clear a leader in charge of fire supervision and inspection work. The sheriff and the police in the responsible area are specifically responsible for the fire supervision and inspection work within their jurisdiction in combination with their daily work.
The leaders in charge of the public security police station, the sheriff and the police in the responsible (social) district shall go through the fire fighting business training organized by the public security organs of the districts and cities, and hold relevant certificates after passing the examination.
Article 25 The competent public security organ shall include the fire control supervision and inspection work of the police station and the responsible (social) district police in the rating range of the police station and the community police station, with the same arrangement, assessment, rewards and punishments.
The public security organ in charge shall commend and reward those who have made remarkable achievements in the fire supervision and inspection work of the police station and the police.
Article 26 If the police officers of public security police stations abuse their powers, neglect their duties or engage in malpractices for selfish ends in the fire control supervision and inspection work, which does not constitute a crime, they shall be given administrative sanctions according to law.
Twenty-seventh police stations shall, in accordance with the requirements of the Measures for the Administration of Public Security Professional Archives (G.T.Zi. [2003] No.21), establish business files for fire supervision and inspection.
Twenty-eighth police stations should establish and improve the following fire supervision and inspection system:
(1) The responsibilities of the director of the public security police station for fire control;
(two) the police chief and the responsibility (agency) district police fire supervision and inspection responsibilities;
(three) the examination and approval system of fire administrative punishment;
(four) the system of reporting and investigating fire violations. The specific content shall be uniformly formulated by the public security organs of the districts and cities.
The police station shall regularly report to the competent public security organ about the fire supervision and inspection, fire administrative punishment and other work.
Chapter VI Supplementary Provisions
Article 29 The styles of Records of Fire Supervision and Inspection (I), Records of Fire Supervision and Inspection (II), Records of Fire Supervision and Inspection (III), Records of Reporting Fire Violations, Complaint Investigation, Notice of Ordering Correction within a Time Limit, Review Opinion and Notice of Agreeing/Disagreeing to Delay Rectification in these Provisions shall be uniformly formulated by the Provincial Public Security Department.
Thirtieth the provisions shall come into force as of September 1 2004. In the past, the relevant provisions of the Provincial Public Security Department were in conflict with these Provisions, which shall prevail.
Thirty-first these Provisions shall be interpreted by the Fire Department of the Provincial Public Security Department.