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      1. Interpretation of several regulations on fire protection in Guangdong Province

        Upload time:2021/3/3 14:55:59         Number of visits:36

        The provisions on fire protection in Guangdong Province (hereinafter referred to as the provisions) have been adopted at the 130th executive meeting of the 13th Guangdong Provincial People's Government on january28,2021, and promulgated by order No. 282 of the people's Government of Guangdong Province, and shall come into effect as of May 1, 2021.

        The relevant contents of the provisions are read as follows:

        1、 Background of the regulation

        (1) To meet the needs of the reform of fire protection system. According to the reform and deployment of the party and state institutions, the former public security fire brigade and the armed police forest force have been transformed to form a national comprehensive fire rescue team. The leadership system of unified leadership and hierarchical command shall be implemented, and the Fire Rescue Bureau shall be led by the emergency management department; the comprehensive fire rescue team below the provincial level shall be mainly under the system of emergency management department, and the system of double leadership with provincial (District, municipal) Party committee and government. The major reform of fire fighting system and the adjustment of fire work function need to make corresponding system adjustment from the legislative level.

        (2) To detail the need for the implementation of fire safety responsibilities. After the fire protection law of the people's Republic of China (hereinafter referred to as the fire protection law) is amended in 2019, the names of departments and institutions involved in the function adjustment involved in the reform of fire protection system are modified accordingly. The function of fire control design review, acceptance and record spot check of construction projects is also adjusted from the fire department to the competent department of housing and urban rural construction. In addition, the relevant fire safety supervision responsibility provisions of the upper law need to be further detailed and implemented. Through legislation, it is urgent and necessary to fully implement the requirements of laws and regulations and the measures for the implementation of the fire safety responsibility system of the State Council, and further clarify and strengthen the fire safety responsibilities in all aspects.

        (3) The need to maintain the stability of fire safety situation. As a province with large economy and population, fire accidents occur frequently in our province, and the fire safety situation is still severe. The fire safety problems in new fields and new formats are increasingly prominent. At the same time, the development of public fire infrastructure in our province is unbalanced, and the construction level of public fire facilities in some areas is not high, which can not meet the requirements of fire protection in the new era. Through legislation, it is helpful to prevent and resolve fire safety risks and improve the level of fire fighting.

        2、 Main contents of the provisions

        The provisions are set up with 6 chapters, 48 articles, including general principles, fire safety responsibilities, fire prevention, supervision and inspection, legal responsibilities and supplementary provisions. The main contents are as follows

        (1) Clarify the division of responsibilities for fire safety. On the basis of fire protection law, the overall division of responsibilities of governments at all levels and their relevant departments, as well as the responsibilities of fire safety committee and industry organizations are further clarified. In particular, the fire protection responsibilities of the town street and village (residential) people's Committee are detailed, and the specific scope of the government purchasing fire service is clarified.

        (2) Respond to the actual needs of fire fighting. The specific fire safety management responsibilities are defined for logistics delivery storage and track (tunnel), and encouraging provisions are made for the fire organization construction of large residential areas, public buildings and large commercial complex, as well as fire public welfare and voluntary services, and the requirements for fire information construction are clarified, and the quality and efficiency of fire supervision and convenience service level are promoted.

        (3) To specify fire control management requirements for specific places. Further clarify the provisions on construction, management and maintenance of various fire-fighting facilities, and supplement the requirements for fire safety management in the outer facade and high-rise buildings of buildings, as well as rental houses and other areas and places. To make detailed provisions on the responsibilities and expenses of fire protection facilities in residential areas. The supervision department shall be clarified one by one and specific requirements shall be made for the behaviors of relevant places, facilities, power supply and electric vehicle parking and charging, such as the custody training institutions outside the school and the nursery and students.

        (4) Improve the supervision and inspection mechanism. Based on the fire law and the measures for the implementation of the fire safety responsibility system of the State Council, the work requirements of governments and industry management departments at all levels, especially the main fire control supervision and law enforcement departments, are further specified, and the key scope of fire safety inspection is clarified. The regulations of entrusted law enforcement in the field of fire protection are set up, and the credit supervision mechanism and social supervision mechanism of fire safety are clarified.

        (5) Strengthen the legal responsibility of fire protection. The corresponding legal responsibilities are stipulated for the violation of public fire water supply, property service enterprises violating fire safety responsibilities, parking and charging of electric vehicles, violation of fire lane and management requirements of fire vehicles climbing operation site.

        3、 Main highlights of the regulations

        The regulations further supplement the short fire safety work board, and provide strong legal support for improving the level of fire safety management in urban and rural areas and promoting the scientific and long-term development of fire fighting industry in our province. Of the 48 provisions of the regulations, 15 "first" and 8 "innovations" are specified as follows:

        (1) 15 "first" in the regulations

        1. it is the first time that the fire rescue agencies assume the comprehensive supervision function of fire safety in the legislation;

        2. for the first time, the old buildings, small places, village industrial parks and other places are defined in the legislation for the first time, which provides legal basis for preventing and resolving the fire safety hazards in such places and areas;

        3. for the first time, the management unit of track (tunnel), the lessor and lessee of the leased house, the old buildings, small-scale places, the "three in one" place, farmhouse (residential accommodation), the elderly apartment, the pension house, the welfare house, the residential houses, the property owners, managers and users of the parking and charging places of electric bicycle and electric motorcycle are clarified for the first time. The catering service places are provided with the The operators, the construction, use, management units and individuals of various buildings, the management personnel of fire control room and other subjects have their own fire safety responsibilities;

        4. for the first time, the requirements for strengthening fire safety management in the places of kindergarten institutions, students' off campus custody and training institutions are required in the legislation, and the supervision of all regions is promoted to ensure the fire safety of students;

        5. for the first time, it is clear in the legislation that fire risk units shall participate in public fire liability insurance in accordance with the national regulations, employ registered Fire Engineers to participate in fire fighting work according to actual needs, and promote the improvement of self-management level of fire safety of social units;

        6. for the first time, it is clear in the legislation that the per capita rental building area of the leased housing shall not be lower than the minimum standard stipulated by the local people's government, and provide legal means for preventing fire safety hazards caused by group rental houses, and more effectively protect the safety of the lives and property of the tenants;

        7. if it is clear in the legislation for the first time that residential buildings are equipped with anti-theft network and other obstacles that affect escape and fire fighting and rescue, an escape window shall be set up to encourage the allocation of auxiliary evacuation escape facilities to provide legal guarantee for the safety of people's lives and property;

        8. in the first legislative process of our province, it is clear that governments at all levels should establish a mechanism for the investigation and treatment of fire hazards, and that the relevant departments of the people's governments at or above the county level should promote the standardization and standardization of fire safety management in the system and the industry;

        9. for the first time, in our provincial legislation, the villagers committee and the residents committee shall urge the guardian or other responsible persons to strengthen the supervision on the safety of the use of electricity for orphans, left behind children, the elderly living alone, the severely disabled, the mentally disabled and the mentally disabled, and reflect the legal care for the vulnerable groups;

        10. for the first time, in the legislation of our province, it is explicitly encouraged to support the donation of public fire protection by supporting units and individuals. Encourage and support social forces to carry out voluntary fire service such as fire prevention, public welfare publicity and fire safety rescue, and promote the socialization level of fire protection work in our province;

        11. for the first time, it is clearly stipulated in the legislation of our province that the construction management unit of voluntary fire brigade (including micro fire station) shall purchase personal accident insurance for the firefighters to ensure that the fire fighters perform their duties of fire protection work are guaranteed;

        12. for the first time, it is clear in our provincial legislation to promote the construction of public welfare fire publicity and training places such as fire science popularization base, fire experience hall and fire theme park; encourage the institutions, groups, enterprises and institutions to engage fire safety training institutions to participate in the fire safety knowledge training for their own staff, so as to provide a more solid guarantee for the improvement of the quality of fire safety of the masses ;

        13. for the first time, it is clear in the legislation of our province that public buildings with a height of more than 100 meters should establish fire protection organizations such as micro fire stations and establish a visitor safety notification system in accordance with the provisions; encourage the owners, managers or users of high-rise buildings to provide rescue facilities such as descent device, ladder and gas mask to improve the level of fire safety service guarantee for high-rise buildings;

        14. for the first time, the author makes clear in the legislation of our province the requirements of the owner, manager or user of the existing building site and the property service person on the fire safety management of electric vehicles, and makes corresponding prohibition provisions for the parking and charging of electric bicycles and electric motorcycles from the perspective of fire safety;

        15. for the first time, the prohibition provisions have been made in the legislation of our province, which makes clear that the owners, managers or users of billboards and light boxes used live on the facade of buildings shall regularly inspect the billboards and light boxes, implement the fire safety requirements and prevent and reduce the occurrence of fire accidents.

        (2) Eight innovations in the regulations

        1. the innovation stipulates the work requirements of relevant industry organizations in strengthening fire publicity and education and self-discipline management of fire safety, and promoting member units to fulfill the responsibilities of fire safety subjects;

        2. innovation stipulates that people's governments at or above the county level and relevant departments shall use advanced technologies such as big data, Internet of things and cloud computing to promote the construction of a fire control big data application platform jointly and jointly, and improve the level of scientific and intelligent fire safety work;

        3. the innovation stipulates that the maintenance and management unit of fire protection facilities shall input the maintenance and inspection data of fire fighting facilities into the application platform of fire control big data in accordance with the regulations to ensure the fire protection facilities are in good condition and effective;

        4. innovation stipulates that all social units shall regularly assess and evaluate the post performance ability of fire safety managers of their units, publicize the fire safety responsible person, manager and site fire safety conditions, accept social supervision, and further improve the responsibility consciousness and ability quality of the main body of fire safety of social units;

        5. the innovation stipulates the expenditure requirements of fire protection and maintenance funds in residential quarters, and the authority of relevant government departments to organize repair in case of emergency, so as to provide more perfect legal guarantee for fire safety around the masses;

        6. the innovation stipulates the legal responsibility for violating the management requirements of fire truck passageway and fire truck climbing operation site identification, and solves the problems of illegal parking, occupying and blocking fire truck passageway and fire truck climbing operation site, affecting evacuation and rescue;

        7. if the innovation regulations can realize all control functions of the fire control room through the urban fire remote monitoring system, the fire control room can appropriately reduce the operators on duty and improve the social benefits of fire safety management;

        8. the innovation stipulates that the rail transit operation unit shall, according to the needs, establish a full-time fire brigade for rail transit, or purchase services, entrust professional forces to be responsible for the fire rescue work of rail transit, and implement the construction of fire water pools or water intake terminals in areas adjacent to the rail station, tunnel entrance and exit and lack of water source.


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