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Regulations
of Shenzhen Special Economic Zone on Fire Prevention and Control
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(Adopted
at the Thirty-fourth meeting of the Standing Committee of the
Second Shenzhen Municipal
People's Congress on August 24, 1999.)
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Chapter
¢ñ General Provisions
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Article
1
In order to prevent fire disaster and decrease fire detriment,
protect the safety of citizen' s
person and property as well as
public property, these regulations are formulated in accordance
with the Law of the People' s Republic of China on Fire
Prevention and Control and the provisions of relevant laws
and
administrative regulations as well as the actual circumstances
of Shenzhen Special Economic
Zone.
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Article
2
The work of fire prevention and control shall observe the policy
of putting prevention first while
combining prevention and
control, stick to the principle of combining special organ and
masses
together, and shall be combined with the safety
responsibility system of fire prevention and control.
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Article
3
The people' s governments at all levels shall strengthen
guidance to the work of fire prevention
and control, bring it
into the plan of economic and social development, and ensure the
consistency
of the work of fire prevention and control with
economic construction and social development.
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The
municipal public security department is the competent department
of the work of fire prevention
and control. The fire prevention
and control organ under the municipal public security department
shall be in charge of implementing supervision and
administration to fire prevention and control. The government
relevant administrative departments of land planning,
construction, quality and technical supervision,
industry and
commerce, labor, city appearance, etc, shall assist the fire
prevention and control
organ under the public security department to do the work of fire
prevention and control within their respective powers
and
duties.
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Article
4
Any
unit or individual shall strictly observe the laws and
regulations of fire prevention and control,
fulfill the security
obligation of fire prevention and control, and take effective
measures to
prevent fire disaster.
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Any
unit or individual has the right to prevent and stop the act
that damages fire prevention and
control, or report it to the
fire prevention and control organ of public security department.
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Article
5
The people' s governments at all levels shall frequently carry
out the propaganda and education
on fire prevention and control
to enhance the citizen' s consciousness of fire prevention and
control.
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November
9 of every year is the day of propaganda on fire prevention and
control of this municipality.
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Article
6
The people' s governments at all levels and their relevant
departments shall commend and award
the unit or individual, who
has outstanding contribution to or has made distinguished
achievement
in the work of fire prevention and control.
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Chapter
¢ò Fire Prevention
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Article
7
The legal representative or main leader of government
organization, group, enterprise and institution
is the first
person liable for fire prevention and control. The first person
liable for fire prevention
and control shall perform the
function and duty of fire prevention and control according to
the
laws and regulations of fire prevention and take general
responsibility for fire prevention and control of his own
unit.
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Article
8
The department of labor shall bring the laws and regulations as
well as professional technology
of fire prevention and control
into the content of working skill training. Educational
institutions
shall carry out the education of basic knowledge on
fire prevention and control to pupils or students. Broadcast,
television, and other news units of newspaper and periodical
shall always carry out the propaganda
of laws, regulations and
knowledge of fire prevention and control.
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Article
9
When making urban planning, the municipal department of land
planning shall make special plan of
the security layout of
ant-fire, anti-fire station, water supply for anti-fire,
telecommunications
for fire prevention and control, and other
public facilities of fire prevention and control, together with
the fire prevention and control organ of the municipal public
security department.
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Article
10
The people' s government of district or town (sub-district
office), or the villagers' committee
shall accord the Planning
or construction with the urban security requirements of fire
prevention
and control, and shall make plans and gradually
change the construction layouts or the
buildings, that do not accord with the security
requirements of fire prevention and control.
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Article
11
The establishment of factory, warehouse, special station or
dock, that produces, stores, or loads
and unloads the
combustible or explosive dangerous articles, and the loading
station, supply station,
pressure regulation and distribution
station, or other places of the combustible and explosive gases
or liquids of all kinds shall accord with the laws and
regulations of fire prevention and control and the
special plan
of urban fire prevention and control. The construction project
around them, which
doesn' t accord with their requirements of
security, shall be restricted.
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Any
place or construction project mentioned above, which doesn' t
accord with the special plan of
urban fire prevention and
control, shall be arranged, supervised and urged to be moved
away gradually
by the people' s governments at all levels and
the department of land planning as well as other relevant
departments.
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Article
12
The administrative departments of construction and city
appearance and the units of city' s water
supply, electricity
supply, telecommunication shall construct public anti-fire
facilities according
to the special plan of fire prevention and
control, strengthen maintenance to public anti-fire facilities,
and keep the public anti-fire facilities in good and applicable
condition.
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Article
13
The design of fire prevention and control of any construction
project, which shall be conducted
for fire prevention and
control according to relevant provisions of the State, shall be
reported
to the fire prevention and control organ of public
security department for examination. After the examination, the
design of fire prevention and control shall not be changed
arbitrarily. The completed project shall
not be put into use
until being checked as qualified by the fire prevention and
control organ of
public security department.
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Article
14
Industrial building, singing and dancing hall, cinema and drama
theatre, assembly hall, guesthouse,
hotel, emporium, bazaar or
other places for public gathering shall not be put into use or
opened
for business operation, until the owner or operator apply
to the fire prevention and control organ of public security
department and the fire prevention and control is examined to be
qualified.
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Article
15
The construction of temporary structure or the change of the
dwelling house of dweller or villager
for productive or
commercial purpose, shall be reported to the fire prevention and
control organ
of public security department for examination and
check.
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When
issuing the Business License for operation in any structure or
house as place of production
or operation stipulated in the
preceding paragraph, the administrative department of industry
and
commerce shall examine the report of check issued by the
fire prevention and control organ of public security department.
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Article
16
Employee' s dormitory, kitchen and the place for public
gathering shall not locate in the same
structure of industrial
production, where there is workshop or warehouse.
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Employee' s
dormitory shall not be set up in any place of entertainment,
restaurant, bazaar or any
other place of commercial business,
which fails to satisfy the requirements of fire prevention and
control.
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Article
17 Any
densely populated workshop, dormitory or the place for public
gathering shall not be installed
anti-theft net, unless
satisfying the requirements of emergency evacuation and not
affecting fire
fighting and rescue.
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Article
18
Anti-fire facilities shall be installed in any building and be
maintained according to relevant
provisions of the State.
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The
design, construction, installment, control, test or maintenance
of the anti-fire facilities
of a building shall be undertaken by
the unit
with the
professional qualification of fire prevention and control.
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Article
19
Realty management unit shall perform the following functions and
duties of fire prevention
and control to its managed realty:
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(1)
to establish and perfect the system of fire prevention and
control, and to make definite the
duty of fire prevention and
control;
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(2)
to manage, maintain, upkeep and renew public fire apparatus and
equipment in the area of realty;
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(3)
to fulfill the system of patrol on duty , remove the hidden
danger of fire, when finding out
it and report it to the fire
prevention and control organ of public security department;
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(4)
to set up voluntary fire prevention and control brigade,
organize to put out the fire initially
happened, and guide safe
evacuation.
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Article
20
Special person shall be assigned to be on duty day and night to
carry out patrol on fire prevention
at the key unit of fire
prevention and control, high-rise building or the place for
combustible
or explosive dangerous articles, and the practices
of fire-suppression and rescue shall be hold periodically under
the direction of the fire prevention and control organ of public
security department.
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The
key unit of fire prevention and control shall set up full time
or voluntary fire prevention
and control brigade and the
archives of fire prevention and control, lay down the
preparatory plan
of fire-suppression and contingency evacuation,
and report it to the fire prevention and control organ of public
security department for record.
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Article
21
No unit or individual may damage or arbitrarily embezzle,
demolish or stop using fire apparatus
and equipment, or cover,
weigh on or enclose and occupy fire hydrant, or arbitrarily draw
on fire
water-supply, or occupy fire barrier and evacuating
roof, or block up fire passage.
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The
fire prevention and control organ of the public security
department may take coercive measures
to remove danger caused by
violation of the preceding paragraph, the violator shall bear
relevant
needed fees.
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Article
22 No
one may start the business of manufacturing, selling or
maintaining fire prevention and control
products, until he has
acquired a permit.
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It
is prohibited to manufacture or sell the fire products not
according with standard.
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The
unit constructing facilities for fire prevention and control
shall select and use the fire prevention
and control products,
that accord with the requirement of design for fire prevention
and control,
and report it to the fire prevention and control
organ of public security department for record before
construction.
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Article
23
Any one, who manufactures, stores, transports or sells
combustible or explosive dangerous articles
or constantly uses
these articles in the production or operation, shall apply to
the fire prevention
and control organ of public security
department for permission and
annual examination and approval. Any one, who temporarily
uses combustible or explosive dangerous articles with relatively
large amount in his manufacture or operation, shall apply to the
fire prevention and control organ
of public security department
for the consent of the fire prevention and control organ of
public
security department before the use.
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It
is prohibited to sell combustible or explosive dangerous
articles to operator without permit.
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Article
24
Construction unit shall establish the system of fire prevention
and control at the construction
site, carry out the strict
safety management of the use of water, electricity, oil and gas,
install
the temporarily apparatus of anti-fire water supply and
allocate corresponding fire equipment according to the need
of
fire-suppression.
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It
is prohibited to use open fire at the place where the danger of
fire disaster or explosion exists.
If it needs to use open fire
indeed, construction unit shall go through the formalities of
examination
and approval in advance according to relevant
provisions, take strict measures of fire prevention, and appoint
special person to supervise on the spot.
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Article
25
The installment and use of electrical products as well as the
design and laying of electrical lines
shall accord with relevant
technical provisions of fire prevention and control of the
state, the
maintenance of safety function shall be strengthened,
and the examination and repair shall be conducted regularly
according to relevant provisions.
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Article
26
The fire prevention and control organ of public security
department shall employ fire supervisor
with professional
knowledge to carry out the supervision and examination of fire
prevention and
control.
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When
carrying out supervision and examination, fire supervisor shall
put forward the opinion of
rectification and reform to the
examined units, which has the act of violating the laws and
regulations
of fire prevention and control or has the hidden
danger of fire disaster, and report it to the fire prevention
and control organ of public security department that it belongs
to. The fire prevention and control
organ of public security
department shall issue the written notice of rectification and
reform
within 3 days from receiving the report to order the
examined unit to rectify and reform and remove the hidden danger
of fire disaster within a prescribed time limit according to
law.
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The
fire prevention and control organ of public security department
shall reexamine when the period
of rectification and reform
expires and issue the written opinion of reexamination.
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Article
27
If the examined unit is not satisfied with the written notice of
rectification and reform or the
opinion of reexamination, it may
apply to the fire prevention and control organ of municipal
public
security department for reexamination within 10 days from
receiving the notice. The fire prevention and control
organ of
municipal public security department shall make the written
opinion of reexamination within
15 days from receiving the
application. During the period of reexamination, the applicant
shall
not stop rectification and reform.
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Article
28
The fire prevention and control organ of public security
department shall issue the written opinion
of examination and
approval according to the prescribed time limit when carrying
out examination
according to the provisions of these
regulations.
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When
receiving construction unit' s application for check and
approval of fire prevention and control,
the fire prevention and
control organ of public security department shall examine the
technical
test report of building' s anti-fire apparatus and
other materials of applying for check and approval of fire
prevention and control. If the materials are complete, the fire
prevention and control organ of public
security department shall
check fire prevention and control according to the technical
standards
of fire prevention and control of the State within 10
working days, and issue the Written Opinion of Check and
Approval of Constructional Engineering' s Fire Prevention and
Control within 7 working days from
checking
fire prevention and control.
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Article
29
The fire prevention and control organ of public security
department may organize the establishment
of the team of
voluntary fire supervisor.
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Voluntary
fire supervisor shall propagate laws, regulations and knowledge
of fire prevention and
control to the public under the direction
of fire supervisor of the fire prevention and control organ of
public security department within the respective jurisdiction.
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Voluntary
fire supervisor may know about and examine the conditions of
fire prevention and control
of the units that he belongs to and
report it to the fire prevention and control organ of public
security department.
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Chapter
¢ó Fire-Suppression and Rescue
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Article
30
The fire brigade of the fire prevention and control organ of
public security department, full time
or voluntary fire brigade
shall be established according to relevant provisions of laws
and regulations
concerning fire prevention and control to do the
work of fire-suppression and rescue.
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The
fire brigade of the fire prevention and control organ of public
security department shall carry
out the study and training of
fire-suppression tactic and skill to enhance the ability of
fire-suppression
and rescue when fire disaster is happened at
high-rise building, the place where chemical dangerous articles
exist, the zone where houses concentrate, or the factory with
huge amount of persons.
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Full
time fire brigade shall carry out training according to the
prescribed content of training
to enhance the ability of
fire-suppression.
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Voluntary
fire brigade shall carry out maneuver in accordance with the
character of this unit to
enhance the ability of putting out
fire initially happened.
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Article
31 The
full time fire brigade established according to law shall report
the establishment and the list
of apparatus and equipments to
the municipal fire prevention and control organ of public
security
department for record. Any unit, which has already
established full time fire brigade and needs to dismiss it, it
shall acquire the consent of the fire prevention and control
organ of municipal public security
department.
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The
needed expenses of full time fire brigade shall be born by the
unit itself.
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Article
32
The fire prevention and control organ of public security
department shall strengthen uniform coordination
and direction
to the fire brigades of each district, unit and the fire
brigades of all kinds, in
order to utilize all the strength of
fire prevention and control.
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Article
33
The unit where a fire disaster happened shall call the police
right away, and organize persons
to rescue the persons in
danger, put out the fire disaster initially happened, and
prevent the
fire from spreading.
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When
a fire is happened at public place, leading official and working
staff on-the-spot of the public
place shall take effective
measures to organize and guide the present masses to evacuate
without
delay.
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Any
unit or individual has the obligation of supporting the work of
fire-suppression and rescue,
providing the needed personnel,
articles and materials according to the requirements of the fire
prevention and control organ of public security department.
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Article
34
The fire brigade of the fire prevention and control organ of
public security department shall go
to the scene instantly and
carry out fire-suppression and rescue according to relevant
provisions
after receiving fire report.
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The
rescue work of fire disaster shall be uniformly organized and
directed by the fire prevention
and control organ of public
security department. Fire brigades of all kinds and the
personnel participating
in fire-suppression shall obey
assignment and direction.
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Article
35
Besides taking the rescue work of fire disaster, the fire
brigade of the fire prevention and control
organ of public
security department shall go to the scene instantly and
participate in the rescue
and relief work when the following
urgent events happened:
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(1)
natural calamity and irresistible incident;
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(2)
combustible, explosive or poisonous materials being leaked or
exploding;
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(3)
other events, to which the fire brigade of the fire prevention
and control organ of public security
department shall give
urgent rescue.
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Article
36
The fire prevention and control organ of public security
department shall not collect any fee for
fire fighting and
rescue from the unit or individual who suffered from fire
disaster.
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The
fuel, extinguishing agent, apparatus, equipment and so on, which
are worn off by the full time
or voluntary fire brigade for
participating in putting out the fire of other unit, shall be
compensated
by the unit where the fire happened according to
relevant provisions, after being examined and approved by the
fire prevention and control organ of public security department.
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Chapter
¢ô Legal Responsibilities
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Article
37
Any unit, which commits one of the following acts violating the
provisions of these regulations,
shall be warned and may be
fined more than 10,000 yuan but less than 50,000 yuan. The
person in
charge of the unit or the person directly liable may
be fined more than 1,000 yuan but less than 5,000 yuan. Any
person, who commits one of the following acts violating the
provisions of these regulations, shall
be warned and may be
fined more than 1,000 yuan but less than 5,000 yuan:
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(1)
failing to allocate fire equipment or set up the mark of fire
prevention and control according
to the provisions;
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(2)
failing to maintain fire apparatus according to relevant
provisions;
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(3)
the installment or use of electrical products as well as the
design or laying of lines not satisfying
normative requirement;
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(4)
violating relevant provisions to use open fire, or not taking
the measures of fire prevention
and control in construction
according to relevant provisions;
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(5)
arbitrarily using the water for fire prevention;
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(6)
violating relevant provisions to install anti-theft net.
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Article
38
Any unit, which commits one of the following acts violating the
provisions of these regulations,
shall be warned and may be
fined more than 20,000 yuan but less than 100,000 yuan. The
person in
charge of the unit or the person directly liable may
be fined more than 3,000 yuan but less than 10,000 yuan. Any
person, who commits one of the following acts violating the
provisions of these regulations, shall
be warned and may be
fined more than 3,000 yuan but less than 10,000 yuan:
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(1)
failing to install fire apparatus according to rellevant
provisions:
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(2)
violating injunction to smoke or use open fire at the place
where the danger of fire disaster
or explosion exists;
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(3)
blocking up the emergency exit, evacuating passage or fire
prevention and control passage, or
occupying fire prevention and
control space or the evacuating roof;
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(4)
embezzling, covering and weighing on, plugging, enclosing and
occupying, demolishing or stopping
using fire apparatus,
facility or equipment;
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(5)
failing to call the police in time or obstructing others from
calling the police when fire is
happened, or making false fire
call;
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(6)
intentionally hindering fire vehicle or fire boat to go to fire
scene, or not obeying the direction
of commander at fire scene,
which affects fire-suppression and rescue;
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(7)
arbitrarily cleaning up fire scene without the consent of the
fire prevention and control organ
of public security department.
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Article
39 Any
one, who violates the provisions of Article 13, Article 14, or
the first paragraph of Article
15 of these regulations, shall be
ordered to rectify within a prescribed time limit. If he fails
to rectify within the time limit, he shall be ordered to stop
construction, stop use, or stop production or business,
and
shall be fined according to the following standards:
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(1)
Any one, who arbitrarily carries out construction, while the
design of fire prevention and control
of engineering project is
not examined and approved or is examined and approved to be
unqualified,
or arbitrarily alters the design of fire prevention
and control that has been examined and approved by the fire
prevention and control organ of public security department,
shall be fined more than one percent
but less than three percent
of general budgetary estimate sum of the project;
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(2)
Any one, who arbitrarily carries out construction, while the
design of fire prevention and control
of buildings' internal
decoration is not examined and approved or is examined and
approved to
be unqualified, shall be fined 30 yuan per square
meter;
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(3)
Any one, who arbitrarily carries out construction or puts it
into use, while the construction
of temporary building or the
use of resident or villager' s house built by himself for
productive
or commercial purpose is not examined and approved or
is examined and approved to be unqualified, shall be fined
30
yuan per square meter;
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(4)
Any one, who put the constructional project or the place for
public gathering into use, while
it is not checked and approved
or is checked to be unqualified, shall be fined one yuan per day
and per square meter from the date when the place is put into
use or the business begins.
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Article
40
Any one, who violates the provisions of Article 16 of these
regulations, shall be ordered to rectify
within a prescribed
time limit. If he fails to rectify within the time limit, he
shall be fined
more than 10,000 yuan but less than 50,000 yuan,
and may be ordered to stop production and business.
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Article
41
Any professional designing, constructing or controlling unit or
professional maintenance unit of
fire apparatus, that commits
one of the following acts, shall be fined more than 20,000 yuan
but
less than 100,000 yuan. If serious consequence is caused, it
shall be fined more than 100,000 yuan but less than
500,000 yuan,
and may be revoked the Permit:
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(1)
failing to report the selected fire prevention and control
products for use to the fire prevention
and control organ of
public security department for record;
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(2)
failing to maintain fire system properly, which results in its
breakdown;
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(3)
the same project being examined to be unqualified for three
times or more than three fire systems
being examined to be
unqualified in one examination;
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(4)
constructing and maintaining beyond permitted business scope;
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(5)
leasing, lending or transferring permit, allowing the
engineering brigade without permit to
construct in the name of
it, or subcontracting project to other enterprise.
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Any
one, who undertakes the design, construction or maintenance of
fire equipment without the professional
qualification of fire
prevention and control, shall be confiscated illegal gains and
be fined more
than one time but less than five times of illegal
income.
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Article
42
Any one, who violates the provisions of the first paragraph of
Article 22 of these regulations,
shall be ordered to stop the
malfeasance, be confiscated products and illegal gains and be
fined
more than one time but less than five times of illegal
income.
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Any
one, who violates the provisions of the second paragraph of
Article 22 of these regulations,
shall be confiscated products
and illegal gains, and be fined more than 30,000 yuan but less
than
100,000 yuan.
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Any
one, who violates the provisions of the third paragraph of
Article 22 of these regulations to
select and use the fire
prevention and control products not satisfying the requirements
of design
of fire prevention and control, shall be fined more
than 20,000 yuan but less than 80,000 yuan.
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Article
43
Any one, who violates the provisions of the first paragraph of
Article 23 of these regulations,
and if the application
requirements are satisfied according to national provisions,
shall be ordered
to make up formality and be fined more than
30,000 yuan but less than 150,000 yuan; Any one, who doesn' t
satisfy the application requirements, shall be ordered to stop
the malfeasance, be confiscated combustible
or explosive
dangerous article and illegal gains, and be fined more than one
time but less than
five times of illegal income.
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Any
one, who violates the provisions of the second paragraph of
Article 23 of these regulations,
shall be confiscated illegal
gains and be fined more than 30,000 yuan but less than 100,000
yuan.
If the circumstance is serious, he shall be ordered to
stop production and business, and be temporarily detained
or
revoked the Permit.
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Article
44
Any government unit, group, enterprise or institution, that
fails to perform the duty of fire prevention
and control in
violation of the provisions of these regulations, and causes no
serious consequences,
shall be warned, and be ordered to rectify
within a prescribed time limit. If it fails to rectify within
the time limit, it shall be circulated a notice of criticism and
be fined more than 10,000 yuan but less
tan 50,000 yuan. The
person liable for the fire prevention and control of the unit
shall be fined
more than 2,000 yuan but less than 10,000 yuan.
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Article
45
Any unit, which has the hidden danger of fire, and it fails to
rectify and reform under direction,
shall be fined more than
1000 yuan but less than 5000 yuan per day from the expiration of
the period
of rectification and reform, and may be ordered to
stop production and business. The person in charge of the unit
shall be fined more than 100 yuan but less than 500 yuan per
day.
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Article
46
Any one, who violates the provision of the second paragraph of
Article 33 of these regulations,
resulting in personal injury or
death, but the circumstances does not
constitute a crime, shall be punished to administrative
custody according to law.
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Article
47
If a fire disaster is happened, the unit liable shall be fined
more than 5,000 yuan but less than
50,000 yuan, and the person
in charge or the person directly liable may be fined more than
2,000
yuan but less than 100,000 yuan.
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Article
48
Any one, who violates the provisions of the laws of fire
prevention and control, and shall be punished
to administrative
custody according to law, shall be given administrative custody
by the public
security organization. If his act constitutes a
crime, he shall be investigated for criminal responsibilities
according to law by the judicial organs.
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Article
49
The party, who is not satisfied with a concrete administrative
action taken by the fire prevention
and control organ of public
security department, may apply for review to the superior public
security
organization. If he is not satisfied with review
decision, he may file a lawsuit to the people' s court. If he
fails to apply for review within the prescribed time limit, or
fails to file a lawsuit to the people'
s court due to
unsatisfying with review decisions within the prescribed time
limit, the coercive
implementation shall be taken according to
law.
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Article
50
Any working staff of the fire prevention and control organ of
public security department, who commits
one of the following
acts, shall be criticized, inculcated or given administrative
sanction by
the unit that he belongs to. If his act constitutes
a crime, he shall be investigated for criminal responsibilities
by the judicial organs:
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(1)
designating sales unit or brand of fire prevention and control
product or designing, constructing
or maintaining unit of
building' s fire equipment to user;
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(2)
failing to carry out fire supervision according to the technical
standard of fire prevention
and control of the State;
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|
(3)
intentionally delaying or not examining and approving the design
of fire prevention and control
or the construction engineering,
which shall be examined, checked and approved according to law;
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|
(4)
not reporting hidden danger of fire according to relevant provisions when finding out;
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(5)
making use of his position to ask for or accept the money or
article of supervised unit or individual;
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(6)
other acts of bending the law to serve personal consideration,
abusing power or neglecting duty.
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Article
51
If the fire prevention and control organ of public security
department or any other relevant administrative
department fails
to perform the function and duty of fire prevention and control,
which results
in serious consequence, the main leader and the
person directly liable shall be given administrative sanction
according to law. If their acts constitute crimes, they shall be
investigated for criminal responsibilities
by the judicial
organs.
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Chapter
¢õ Supplementary Provisions
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|
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Article
52
The Shenzhen Municipal People' s Government
may enact implementing rules according to the provisions
of these regulations.
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Article
53
These regulations shall go into effect as of November 1,1999. |
