1, the significance and purpose of the legislation of the Fire Protection Law
The implementation of the fire protection law is an important event for the country and the country, and it is an objective requirement of the development of the times. As the first complete, scientific and authoritative fire protection law in China's history, the birth of the fire protection law not only meets the objective needs of China's economic development and social progress at a turning point, but also marks a new step in the legalization process of China's fire protection cause. The legislative purpose of fire protection law is to prevent and reduce fires, protect citizens' personal safety, public property and citizens' property, safeguard public safety and ensure the smooth progress of socialist modernization. In particular, the fire protection law puts the protection of citizens' personal safety in the first place, which embodies the principle of life safety first.
2. The Fire Protection Law stipulates the leadership system of fire protection work in China and the obligations of units and individuals for fire protection work.
According to the Fire Protection Law, the fire protection work in China is led by the State Council, and the people's governments at all levels are responsible for it. The public security department of the State Council shall supervise and manage the national fire control work, and the public security organs of the local people's governments at or above the county level shall supervise and manage the fire control work within their respective administrative areas, and the fire control institutions of the public security organs of the people's governments at the corresponding levels shall be responsible for the implementation. All units and individuals have the obligation to maintain fire safety, protect fire control facilities, prevent fires and report fire accidents. All units and adult citizens have the obligation to participate in the fire fighting work of the organization.
3. The Fire Protection Law stipulates the fire safety responsibilities of organs, organizations, enterprises and institutions.
Article 14 of the Fire Protection Law stipulates that organs, organizations, enterprises and institutions shall perform the following fire safety duties:
(a) to formulate fire safety system and fire safety operation procedures;
(two) the implementation of fire safety responsibility system, determine the fire safety responsibility of the unit and its subordinate departments and posts;
(three) according to the characteristics of the unit to carry out fire prevention publicity and education for employees;
(four) the organization of fire inspection, timely elimination of fire hazards;
(five) in accordance with the relevant provisions of the state, the allocation of fire control facilities and equipment, set up fire safety signs, and regularly organize inspection and maintenance to ensure that fire control facilities and equipment are in good condition and effective;
(six) to ensure the smooth evacuation routes and exits, and set up fire safety evacuation signs in line with state regulations;
The management unit of ethnic residential areas shall, in accordance with the relevant provisions of the preceding paragraph, perform fire safety duties and do a good job in fire safety in residential areas.
4, "Fire Law" requirements for key units of fire safety
Article 16 of the Fire Protection Law clearly stipulates that key fire safety units shall perform the following fire safety duties in addition to the duties specified in the above article 14:
(a) the establishment of fire prevention files, determine the key parts of fire safety, set fire signs, and implement strict management;
(two) the implementation of daily fire inspection, and establish inspection records;
(three) to provide fire safety training for employees;
(four) to formulate fire fighting and emergency evacuation plans and organize regular fire drills.
In recent years, serious fires in some shopping malls, construction sites and other units in cities all over the country are caused by illegal use of fire, which is stipulated by the fire control law.
Article 18 of the Fire Protection Law clearly stipulates that open flames are prohibited in places with fire and explosion hazards; If it is necessary to carry out open flame operation due to special circumstances, the examination and approval procedures shall be handled in advance in accordance with the regulations. Operators shall abide by fire safety regulations and take corresponding fire safety measures. Personnel engaged in electric welding, gas welding and other operations with fire hazards and operators of automatic fire fighting system must hold relevant certificates and strictly abide by fire safety operation procedures.
6. It is reported that the density of foreign fire brigades is relatively large, and the relevant provisions of China's fire protection law.
The protection radius of foreign fire brigades is really small, which is conducive to early extinction, small extinction and extinction. For example, there are more than 800 fire stations in Tokyo and more than 300 in Yokohama, while there are only more than 30 public security fire stations in China, a big city with a population of nearly 10 million. The fire brigade's resident protection area is too large, which is incompatible with economic and social development and difficult to resist the occurrence of serious fire accidents. Article 26 of the Fire Protection Law stipulates that people's governments at all levels shall, according to the needs of economic and social development, establish various forms of fire protection organizations, strengthen the construction of fire protection organizations, and enhance their ability to put out fires.
7, in the fire fighting, public security fire brigade commander can make the following special decisions.
When the fire control institution uniformly organizes and directs the on-site fire fighting, the fire commander-in-chief has the right to decide the following matters according to the fire fighting needs:
The use of various water sources;
(two) cut off the transmission of electricity, combustible gas and liquid; Restrict the use of fire and electricity;
(3) Delineating warning zones and implementing local traffic control;
(four) the use of adjacent buildings and related facilities;
(five) to prevent the spread of fire, demolition or damage to buildings and structures adjacent to the fire;
(six) to mobilize water supply, power supply, medical rescue, transportation and other relevant units to assist in fire fighting and rescue. When putting out extraordinarily serious fires, the local people's governments concerned shall organize relevant personnel and mobilize necessary materials to support the fire fighting. The public security fire brigade shall participate in the rescue work of disasters or accidents other than fires under the unified command of the relevant local people's governments.
8. The legal responsibilities of all units and citizens stipulated in the Fire Protection Law are as follows:
The fifth chapter of the Fire Protection Law is legal liability, and there are l2 articles in * * *. Article 42 stipulates that anyone who, in violation of the provisions of this law, lowers the technical standards for fire control without authorization, uses building components and building materials whose fire prevention performance does not meet the national standards or industry standards, or uses unqualified decoration materials, shall be ordered to make corrections within a time limit; If it fails to make corrections within the time limit, it shall be ordered to stop construction and may be fined.
Units that commit the acts mentioned in the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph, and the directly responsible person in charge shall be given a warning or a fine. Article 43 stipulates that organs, organizations, enterprises and institutions that violate the provisions of this law and fail to perform their fire safety duties shall be ordered to make corrections within a time limit; If no correction is made within the time limit, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions or warnings according to law. Business premises in one of the following acts, shall be ordered to make corrections within a time limit; If it fails to make corrections within the time limit, it shall be ordered to stop production and business, and may be fined, and the directly responsible person in charge and other directly responsible personnel shall be fined:
(a) the fire hazard is not eliminated in time:
(two) not in accordance with the relevant provisions of the state, the allocation of fire control facilities and equipment;
(three) can not guarantee the smooth evacuation routes and exits.
Those who set up staff dormitories in buildings with workshops and warehouses shall be punished in accordance with the provisions of the second paragraph.
9. The Fire Protection Law stipulates fire protection products, electrical products, gas appliances and inflammable and explosive dangerous goods.
Articles 44, 45 and 46 of the Fire Protection Law respectively stipulate that those who, in violation of the provisions of this Law, produce and sell fire protection products that have not passed the inspection by inspection institutions determined in accordance with the provisions of the Product Quality Law shall be ordered to stop their illegal acts, their products and illegal income shall be confiscated, and they shall be severely punished in accordance with the provisions of the Product Quality Law. Units that repair and test fire control facilities and equipment in violation of the technical specifications for fire control safety shall be ordered to make corrections within a time limit and may also be fined, and the directly responsible person in charge and other directly responsible personnel shall be warned or fined. If the installation of electrical products and gas appliances or the laying of lines and pipelines do not meet the technical requirements of fire safety, it shall be ordered to make corrections within a time limit; If no correction is made within the time limit, it shall be ordered to stop using it. Whoever, in violation of the provisions of this Law, produces, stores, transports, sells or uses or destroys inflammable and explosive dangerous goods shall be ordered to stop the illegal act and may be given a warning, fined or detained for not more than 15 days. If a unit commits the act mentioned in the preceding paragraph, it shall be ordered to stop the illegal act, and may be given a warning or a fine, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
10. In people's production and life, some people violate fire safety regulations, operate illegally, and some even cause fires. The Fire Protection Law stipulates as follows:
Article 47 Whoever, in violation of the provisions of this Law, commits any of the following acts shall be given a warning, fined or detained for not more than 10 days:
(a) in violation of fire safety regulations into the inflammable and explosive dangerous goods production and storage places;
(two) illegal use of naked light or smoking and using naked light in places with fire and explosion hazards in violation of the ban;
(three) to stop the fire or make a false report about the fire;
(4) Deliberately obstructing fire engines and fire boats from rushing to the scene of the fire or disturbing the order of the scene of the fire;
(five) refusing to carry out the command of the fire commander, which affects the fire fighting and disaster relief;
(six) the fire caused by negligence has not caused serious losses.
Article 48 Whoever, in violation of the provisions of this Law, commits any of the following acts shall be given a warning or fined:
(a) instigating or forcing others to take risks in violation of fire safety regulations, which has not caused serious consequences;
(2) Burying, enclosing or occupying fire hydrants, occupying fire prevention intervals, blocking fire exits, or damaging, misappropriating, dismantling or stopping using fire control facilities and equipment without authorization;
(three) there is a major fire hazard, and it is not corrected within the time limit after being notified by the public security fire control institution.
If a unit commits the acts mentioned in the preceding paragraph, it shall be punished in accordance with the provisions of the preceding paragraph, and the directly responsible person in charge and other directly responsible personnel shall be warned or fined.
Those who commit the acts listed in item 2 of the first paragraph shall also be ordered to make restitution or compensate for the losses within a time limit; If it is not restored to its original state within the time limit, it shall be forcibly removed or removed, and the expenses required shall be borne by the violator.
Article 49 When a fire breaks out in a public place, the on-site staff of the public place fails to perform the obligation of organizing and guiding the evacuation of the people present, causing personal injury or death, which does not constitute a crime, and shall be detained for not more than 15 days.
Article 50 Whoever intentionally destroys or forges the scene after the fire is put out, conceals the cause of the fire, and shirks responsibility, which does not constitute a crime, shall be given a warning, fined or detained for not more than 15 days.