Laws of the Guangdong Province

Administrative Provisions on Fire Control Examination and Approval of Building Designation and Construction in Shenzhen Special Economic Zone

Promulgated by Shenzhen people' s government on January 16, 1986; revised and promulgated by Decree No. 21 of Shenzhen people' s government on January 29, 1994

Article  1  In order to strengthen the administration on fire control examination and approval of building designation and construction in Shenzhen special economic zone (hereinafter referred to as the special zone), implement the guiding principle of "combining prevention with extinguishments but lay emphasis on prevention" , protect the safety of civilian' s life and property of public and private, these provisions are formulated according to the Regulations on Fire Control of the People' s Republic of China, the Fire Prevention Standards of High Rise Civil Building Designation, the Fire Prevention Standards of Building Designation, and on the basis of the actual situation of the special zone.

Article    2  These provisions shall apply to all units and persons of building designation and construction.

    Supervision organ of public security and fire control (hereinafter referred to as the fire control organ) participates in examination and approval of overall plane layout of district building varying in category and size according to relevant standards of building examination, and is in charge of supervising, examining and approving choice of building location, building layout, fire endurance level, fire and explosion prevention, fire control passage and water supply for fire control.

Article    3  Construction unit, who constructs any kind of the following buildings, shall submit fire control designation picture and material of the project to the fire control organ for examination and approval, and shall not start construction until being issued qualification.

1. party and government leading organization, science research organization, financial organization, hospital, broadcasting building, television building, telecom building, museum, archives establishment, library, sports stadium, cinema, teaching building of higher education institution (technical secondary school), airport, tunnel or large market, hotel, restaurant, boite or rest house;

2. new, expanded or rebuilt (regardless of the size of the building) factory, storehouse, oil and gas station, gas pipe or water factory to produce or store chemical or flammable, explosive goods;

3. new, expanded or rebuilt quay, station to load and unload the flammable and explosive, or garage; factory of paper, printing, dyeing or furniture; workshop of founding, heat treatment, jointing, firing or electroplating; room of boiler, electricity distribution, electronic computer or other kind of factory;

4. residential building, office building with more than seven floors (including having sever floors), or other civil building higher than 24 meters, baby farm or kindergarten with more than 100 persons, teaching building of middle, elementary school with more than 500 persons or residential building whose first floor is used as market, shop, store house, factory or garage;

5. furred ceiling, partition wall in sub fire prevention district of the building, whose area of high level exceeds 50 square meters, or area of low level exceeds 100 square meters (the rest shall be examined and approved by management department of the building or house);

6. flammable, simply equipped work shed, dormitory, workshop, shop, store house.

Article    4  Designation person shall design according to the requirements of technical standards of fire control in project designation. Designation unit shall be responsible for the project' s fire control designation.

Article    5  Designation of project operated by Chinese-foreign joint capital, foreign capital alone or introduced from abroad shall meet the requirements of state fire control technical standards. Designation unit and construction unit shall consult with fire control organ to solve the problem, if state fire control standards have no provision on designation of fire control system.

Article  6  Construction unit shall construct according to designation picture of fire prevention being examined as qualified, be responsible for the construction of project' s fire control system, and ensure fire control safety of construction site. Fire control organ carries out supervision and inspection.

Article    7  Construction unit shall inform fire control organ to check and accept the project in special items after it is finished. If the project is qualified after examination, the qualification certificate shall be issued; if not, the project shall not be put into use.

Article    8  Construction unit shall submit materials concerning the standard and function of home-made or foreign fire control facility or equipment to fire control organ for examination and approval when choosing them to use. The facility or equipment shall not be chosen or introduced to use without permission. Fire control organ shall choose and examine fire control facility or equipment according to principle of "in common use, interchangeable and renewal" .

Article    9  Qualified building shall be used according to its original construction character, which shall not be changed arbitrarily. If changing the using character is required, it shall be examined and approved by fire control organ.

  Any unit shall not lower fire prevention standard or raise fire prevention level of the building and sell it.

Article  10  District, village or town government shall make program on water resource, communication and passage for fire control at the same time as programming country residential area or village and town. Designation and construction of building for production or civil use affiliated to country or village shall comply with relevant fire control technical standards according to the size of layout and the dangerous degree of fire.

Article  11  In case of the following situations, the unit liable shall be imposed a fine of more than 1,000 yuan but less than 5,000 yuan, and be imposed administrative detention within 10 days according to the provisions stipulated in article 26 of the Penalty Regulations of Public Security Administration of People' s Republic of China, if the circumstance is serious. Building in violation of rules shall be stopped construction, demolished or prohibited to use by compulsory order.

1. project' s designation picture is not submitted to fire control organ, or although has been submitted, the project has been started construction arbitrarily without examination and approval;

2. changing designation picture and constructing without authority, and so as affecting fire control function;

3. changing, pulling down, damaging or blocking fire control facility in construction (including fitment) without authority;

4. choosing or introducing fire control facility, equipment without authority;

5. material used in project construction does not meet fire prevention requirements, or is not handled for fire prevention;

6. putting finished project not being examined and accepted by fire control organ into use;

7. changing using character of the building without authority;

8. selling the building by lowering fire prevention standard and raising fire prevention level without authority;

9. ordering others forcibly to operate in violation of safety provision for fire control;

10. construction project (including fitment) not complying with fire control standards is not rectified according to requirement stipulated in the Notice of Violating Fire Prevention Examination and Approval of Building Designation or Notice of Rectifying Hidden Fire Danger issued by the municipal organ of public security and fire control.

Article    12  In case of the following situations, the unit liable shall be imposed a fine of 1% of total project investment, the person liable shall be imposed a fine of 2,000 yuan and be imposed administrative detention simultaneously. If the behavior violates criminal law, the criminal responsibility shall be investigated according to law.

1. project does not pass the examination of fire control in special item and is put into use without rectification and authority;

2. causing fire accident because violating fire control standards;

3. causing difficulty intentionally, abuse fire control working person, or hinder them to implement duties according to law by violence or threat.

Article  13  If the party does not agree with the penalty decision made by the municipal organ of public security and fire control, he may apply for review to Shenzhen public security bureau within 15 days upon reception of penalty decision. If the party does not agree with the review decision, he may bring litigation before people' s court within 15 days upon reception of review decision. The party may also bring litigation before people' s court directly.

Article    14  These provisions shall take into effect as of the date of promulgation.