District Shanghai Municipal Government decree No. 80

Regulations on Management of Fire facilities in Shanghai Municipality have been adopted by the Municipal Government at its 131 standing meeting on December 26th 2011. Promulgated and implemented since March 1st 2012.

Mayor Han Zheng

December 28th 2011

Regulations on Management of Fire Protection facilities in Shanghai

(promulgated by Shanghai Municipal Government decree No. 80 of December 28th 2011)

Article 1 (purpose basis)

In order to strengthen management of building fire protection facilities ensure normal operation of fire protection facilities prevent and reduce fire hazards and maintain social public safety; according to laws and regulations such as Fire Law of PRC, Shanghai Fire Protection regulations, these regulations shall be formulated in accordance with actual conditions in this Municipality.

Article 2 (scope of application)

These regulations shall apply to the disposition maintenance inspection and management activities of construction fire facilities within administrative areas of this Municipality.

Article 3 (definitions)

Building fire facilities referred to in these regulations shall refer to requirements of technical standards for fire fighting according to state, industry or local areas; Fire automatic alarm system automatic fire extinguishing system hydrant system smoke prevention and exhaust system and emergency broadcast emergency lighting safety evacuation facilities etc. are configured in buildings and structures.

Article 4 (Government responsibility)

District county people's governments should strengthen their leadership of fire fighting work strengthen public funds investment in building fire facilities organize construction fire protection facilities major safety hazards.

Article 5 (department duties)

Municipal Public Security Bureau is the competent department responsible for building fire facilities management in city and county public security organs fire agencies implement specific supervision on construction fire protection facilities management.

Municipal construction transportation planning land resources housing security housing management safety production supervision quality technical supervision industry commerce civil affairs education etc. relevant administrative departments shall follow their respective duties. Jointly do well construction fire facilities management related supervision work.

Article 6 (obligations of units and individuals)

Units and individuals have obligations to maintain fire safety and protect building fire facilities. They shall not damage divert or dismantle or deactivate buildings fire facilities without authorization.

Article 7 (configuration of fire protection facilities for units)

Institutions organizations enterprises institutions etc. shall configure building fire facilities according to national industry or local fire protection technical standards.

Construction area of 300 square meters above 1000 square meters below shops restaurants public entertainment places such as intensive places; as well as flammable explosive dangerous chemicals warehouses with buildings above 100 square meters should be installed simple sprinkler devices except for installation of automatic extinguishing systems or fire extinguishing systems without water.

Residential rooms dormitories etc. should be installed in nursing homes residential homes kindergartens nurseries boarding schools etc except for automatic fire alarm systems installed.

Article 8 (configuration of fire protection facilities for residential buildings)

Building new buildings rebuilding or expanding residential houses shall be configured according to national industry or local fire protection technical standards.

High-rise residential buildings which have been delivered can be combined with residential renovation by adding emergency radio alarm devices and other corresponding building fire facilities.

Additional funds needed for building fire facilities shall be self-financed by owners and appropriate subsidies shall be granted by the Government.

Encourage independent fire detection alarm inside residential houses indoor installation simple water spray device in common parts of old brick buildings with three floors and three floors above.

Article 9 (Urban Fire automatic alarm Information system Network)

Units configured for automatic fire alarm systems shall be connected with urban fire alarm information systems and ensure normal operation.

Article 10 (units responsible for maintenance, maintenance and testing shall be carried out according to law)

Property rights units of buildings outside residential areas shall carry out maintenance and inspection of building fire facilities according to law and may entrust construction use or property management units to carry out maintenance and inspection.

Property management units shall be responsible for maintenance and inspection of construction fire facilities organizations within management according to laws regulations and contracts stipulated by property services contracts.

Article 11 (Daily management)

Units of property rights or units entrusted to them by them shall perform their daily management responsibilities hereinafter:

(1) Formulate operational rules and management systems for maintenance, maintenance and inspection of building fire protection facilities;

(2) Carry out maintenance, maintenance and inspection of building fire protection facilities, record relevant conditions for reference and establish relevant marking according to requirements;

(3)Organizing construction fire facilities operation and personnel receiving fire safety training;

(4) Establishing management archives for setting up construction fire facilities and running etc;

(5) Other responsibilities specified in laws, regulations and regulations.

Article 12 (Unified management of common building fire facilities)

Where two or more property rights persons share building fire facilities, the property rights persons shall jointly negotiate and conclude agreements to clarify responsibility for management of construction fire facilities of all parties. Determine responsible person or entrust a management unit to carry out unified management and submit agreement to local public security organs fire agencies record.

Article 13 (Management of fire control rooms)

Construction fire protection units shall set up fire control rooms according to national industry or local fire protection technical standards and shall be equipped with duty personnel with professional qualification certificates on duty. Furthermore, personnel manning duty shall be submitted to the fire department of local public security organs for record.

Duty personnel should strictly abide by the management system and operation rules of fire control room familiar with fire control room equipments and function of linkage facilities and possess corresponding operational skills.

Article14 (specific implementation of maintenance, testing)

Maintenance, maintenance and inspection of building fire protection facilities shall be carried out according to national, industrial or local fire protection technical standards, ensuring that building fire facilities are intact and effective. Among them fire extinguishing systems fire alarm systems and mechanical smoke control systems etc. should be tested by specialized units specializing in building fire facilities inspection and obtaining metrological certification qualification according to law.

Article 15 (requirements for maintenance, inspection service units)

Maintenance inspection service units of building fire protection facilities shall possess corresponding professional technical capabilities undertake corresponding legal liability for services provided and accept supervision by public security organs fire agencies and other relevant departments.

Construction fire facilities maintenance service units should establish failure report acceptance system timely elimination of failures.

Construction fire protection facilities inspection service units shall truthfully issue inspection reports according to inspection results; problems should be informed promptly by entrusting units to deal with them.

Article 16 (publication of inspection reports and publication of inspection information)

Construction fire protection facilities inspection service unit shall be submitted to public security organs fire agency through information service platform established by fire department of municipal public security organs from 30th when inspection date is completed; if there may be serious fire hazards caused by construction fire protection facilities, fire agencies shall immediately report to local public security organs. When receiving reports from fire agencies of public security organs, investigations shall be conducted immediately and verified promptly and prompt rectification shall be made by relevant units.

Fire prevention agencies shall publish inspection information to society through information service platform.

Article 17 (model text for inspection service contracts)

Fire fighting agencies of municipal public security organs shall formulate a model text for contract inspection services for building fire protection facilities together with relevant departments.

Construction fire protection facilities inspection service units shall enter into service contracts with clients referring to contract demonstration texts.

Article 18 (supervisory inspection)

Fire department of public security organs supervise inspection and inspection of fire safety facilities at least once every year; for other units building fire protection facilities shall formulate annual supervision inspection plans and organize inspection according to plan.

Fire protection agencies shall organize inspection and inspection on the responsibility of building fire facilities management responsibility for residential property services enterprises; supervise police station according to relevant regulations of state and city carry out daily supervision inspection for residential district building fire protection facilities within its jurisdiction.

Article 19 (contents of supervisory inspection)

Supervision and inspection of fire facilities by public security organs shall include the following contents:

(1) Configuration of building fire facilities;

(2) Operating condition of building fire protection facilities;

(3) Operating rules and management systems of building fire facilities;

(4)Operation of building fire facilities and fire safety training for managers;

(5) Duty station of fire control room;

(6) Maintenance, maintenance and inspection of building fire facilities;

(7) Establishment of archives for building fire facilities management;

(8) Other circumstances which require supervision and inspection by the State and Municipality.

Article 20 (guidelines)

Violations of regulations relating to construction fire facilities shall be violated according to regulations prescribed by laws or regulations shall be punished according to relevant regulations.

Article 21 (penalties for offences)

If any of these provisions violates any of these provisions, the fire fighting agencies of public security organs shall be punished according to the following provisions:

(1) Violating article 7th, paragraph 2, paragraph 3, of this provision, failing to install simple sprinkler units or setting up independent fire detectors according to requirements, shall order rectification within limited time; if not corrected later, penalty 2000 yuan above 20,000 yuan fine.

(2) Violating article 12, article 13, paragraph 1 of this provision, failing to submit agreements signed by common parties or manning duty station personnel on duty station to submit records for filing by local public security organs fire control agencies according to requirements, ordering rectification within time; if they fail to correct them late, they shall be fined 1000 yuan or more than 3000 yuan.

(3) Violating article 13, paragraph 1, of this provision shall be ordered to rectify the duty upon duty by duty officer having professional qualifications certificate as required; if not corrected later, fines shall be imposed below 2000 yuan or more than 20,000 yuan.

(4) Violating article 14th of these provisions, failing to maintain, maintain or detect according to state, industry or local standards causing construction fire facilities to fail to maintain integrity and effectiveness, ordering rectification and imposing fines of less than 5000 yuan or more than 50,000 yuan.

(5) Failing to comply with article 16th, paragraph 1, of this provision, failing to comply with requirements for reporting obligations or reporting obligations resulting from serious fire hazards due to construction fire facilities; penalty 2000 yuan above 10,000 yuan fine.

Article 22 (handling of failure to correct fire hazards)

If any fire hazard caused by violation of this regulation shall be ordered by fire department of public security organs to correct them; if not corrected overdue, fines shall be imposed below RMB 5000 yuan or above, and corresponding measures shall be taken according to law.

Article 23 (copy of offences)

Fire agencies of public security organs supervise and inspect construction fire facilities and find that relevant units violate regulations for construction traffic quality technical supervision housing security housing management planning land resources safety production supervision industry and commerce etc. should promptly copy and inform relevant administrative departments according to law to handle them.

Article 24 (Administrative responsibility)

Violations of this provision shall impose administrative sanctions upon competent personnel and other directly responsible persons directly responsible according to law by the unit or competent authority of higher authorities according to law by the unit or competent authority of higher authorities:

(1) Failure to comply with statutory duties resulting in adverse consequences;

(2) Designate or specify brand or sales units or fire protection technical services agencies designated by users who use office facilities for building fire facilities or disguised themselves;

(3) Other acts of abuse of authority, dereliction of duty or favoritism towards favoritism.

Article 37 (date of implementation)

This provision shall enter into force as of March 1st 2012.

Shanghai Municipal Government decree No. 70 issued on April 5th 2007 "regulations for Management of Fire Protection facilities in Shanghai" shall be repealed simultaneously.