No.5 1
Interim Provisions on the Management of Fire Protection Design Examination and Acceptance of Construction Projects, which was deliberated and adopted at the 5th ministerial meeting on June 9, 2020, is hereby promulgated and shall come into force on June 9, 2020.
Minister Wang
April 2020 1 day
Interim Provisions on the Administration of Examination and Acceptance of Fire Protection Design of Construction Projects
Chapter I General Principles
Article 1 In order to strengthen the management of fire protection design of construction projects and ensure the quality of fire protection design and construction of construction projects, these Provisions are formulated in accordance with the Construction Law of People's Republic of China (PRC), the Fire Protection Law of People's Republic of China (PRC), the Regulations on Quality Management of Construction Projects and other laws and administrative regulations.
Article 2 These Provisions shall apply to the fire protection design review and fire protection acceptance of special construction projects, as well as the fire protection acceptance filing (hereinafter referred to as filing) and spot checks of other construction projects.
The term "special construction projects" as mentioned in these Provisions refers to the construction projects listed in Article 14 of these Provisions.
The term "other construction projects" as mentioned in these Provisions refers to other construction projects that require fire protection design in accordance with the national technical standards for fire protection in engineering construction.
Article 3 The competent department of housing and urban and rural construction in the State Council shall be responsible for guiding and supervising the national examination and acceptance of fire protection design of construction projects.
The competent department of housing and urban and rural construction of the local people's government at or above the county level (hereinafter referred to as the competent department of fire protection design review and acceptance) shall undertake the fire protection design review, fire protection acceptance, filing and spot check of construction projects within their respective administrative areas in accordance with their duties.
The fire protection design review, fire protection acceptance, filing and spot check of construction projects across administrative regions shall be designated by the competent department of fire protection design review and acceptance in the administrative region where the construction project is located, which is the same as the competent department at the next higher level.
Article 4 The competent department of fire protection design review and acceptance shall use information technology such as Internet technology to carry out fire protection design review, fire protection acceptance, filing and spot check, establish and improve the credit management system of relevant units and employees, and continuously improve the level of government services.
Article 5 The funds required by the competent department of fire protection design review and acceptance for fire protection design review, fire protection acceptance, filing and spot check shall be implemented in accordance with the Administrative Licensing Law of People's Republic of China (PRC) and other relevant laws and regulations.
Article 6 The competent department of fire control design audit shall promptly inform the fire rescue organization of the fire control acceptance, filing and spot check, and share the building plan, fire control facilities layout plan, fire control facilities system diagram and other materials with the fire rescue organization.
Article 7 The staff engaged in the examination and acceptance of fire protection design of building projects and the employees of construction, design, construction, project supervision, technical services and other units shall have corresponding professional and technical abilities and participate in vocational training regularly.
Chapter II Responsibilities and Obligations of Relevant Units for Fire Control Design and Construction Quality
Eighth construction units shall bear the main responsibility for the fire design and construction quality of construction projects according to law. Design, construction, project supervision, technical services and other units shall be mainly responsible for the fire protection design and construction quality of building projects according to law. Employees of construction, design, construction, project supervision, technical services and other units shall bear corresponding personal responsibilities for the fire protection design and construction quality of building projects according to law.
Article 9 The construction unit shall perform the following responsibilities and obligations for the quality of fire control design and construction:
(a) shall not express or imply that design, construction, project supervision, technical services and other units and their employees violate the laws and regulations of construction projects and the national technical standards for fire protection of construction projects, and reduce the quality of fire protection design and construction of construction projects;
(two) to apply for the fire protection design review and fire protection acceptance of construction projects according to law, and to handle the filing and accept spot checks;
(three) the implementation of project supervision of construction projects, according to the law to entrust the quality supervision of fire engineering;
(4) Entrusting design, construction and engineering supervision units with corresponding qualifications;
(five) in accordance with the requirements of engineering fire design and contract, select qualified fire products and building materials, building components and equipment that meet the requirements of fire performance;
(six) organize the relevant units to carry out the completion acceptance of the construction project, and check whether the construction project meets the requirements of fire control;
(seven) according to the law in a timely manner to the archives management institutions to hand over the construction project fire related files.
Tenth design units shall perform the following responsibilities and obligations of fire design and construction quality:
(a) to design in accordance with the laws and regulations of construction projects and the national technical standards for fire protection in engineering construction, and to prepare fire protection design documents that meet the requirements, and shall not violate the mandatory provisions of the national technical standards for fire protection in engineering construction;
(2) The fire-fighting products selected in the design documents and the building materials, components and equipment with fire-fighting performance requirements shall be marked with specifications, performance and other technical indicators, and meet the standards prescribed by the state;
(three) to participate in the completion acceptance of the construction project organized by the construction unit, to confirm the implementation of the fire protection design of the construction project, and to be responsible for the quality of the fire protection design of the construction project.
Eleventh construction units shall perform the following responsibilities and obligations for fire design and construction quality:
(a) in accordance with the laws and regulations of construction projects, the national technical standards for fire protection in engineering construction and the fire protection design documents that have been audited by fire protection design or meet the needs of the project, and shall not arbitrarily change the fire protection design of buildings to reduce the quality of fire protection construction;
(two) in accordance with the requirements of fire protection design, construction technical standards and the contract, the quality inspection of fire protection products and building materials, building components and equipment that meet the requirements of fire protection performance, and the use of qualified products to ensure the quality of fire protection construction;
(three) to participate in the completion acceptance of the construction project organized by the construction unit, to confirm the quality of fire control construction of the construction project, and to be responsible for the quality of fire control construction of the construction project.
Twelfth engineering supervision units shall perform the following fire design and construction quality responsibilities and obligations:
(a) according to the laws and regulations of construction projects, the national technical standards for fire protection in engineering construction, and the fire protection design documents that have passed the fire protection design audit or meet the needs of the project;
(2) Before using and installing fire-fighting products and building materials, building components and equipment with fire-fighting performance requirements, check the product quality certification documents, and may not agree to use or install unqualified fire-fighting products and building materials, building components and equipment with fire-fighting performance requirements;
(three) to participate in the completion and acceptance of the construction project organized by the construction unit, to confirm the quality of fire control construction of the construction project, and to assume the supervision responsibility for the quality of fire control construction of the construction project.
Article 13 Technical service institutions that provide services such as technical review of fire protection design drawings of construction projects, detection of fire protection facilities or on-site assessment of fire protection acceptance of construction projects shall provide services in accordance with laws and regulations of construction projects, national technical standards for fire protection of construction projects and relevant provisions of the state, and shall be responsible for the opinions or reports issued.
Chapter III Fire Protection Design Audit of Special Construction Projects
Article 14 A construction project under any of the following circumstances is a special construction project:
(a) stadiums, auditoriums, public exhibition halls and museum exhibition halls with a total construction area of more than 20,000 square meters;
(2) Civil airport terminals, passenger station waiting rooms and passenger station waiting rooms with a total construction area of 15000 square meters or more;
(3) Hotels, restaurants, shopping malls and markets with a total construction area of over 10,000 square meters;
(4) theaters, public library reading rooms, business indoor fitness and leisure places, hospital outpatient buildings, teaching buildings, university libraries and canteens, production and processing workshops of labor-intensive enterprises, temples and churches with a total construction area of more than 2,500 square meters;
(5) Children's rooms in nurseries and kindergartens with a total construction area of 1000 square meters or more, indoor places for children's activities such as children's playrooms, ward buildings in nursing homes, welfare homes, hospitals and sanatoriums, teaching buildings, libraries and canteens in primary and secondary schools, dormitories in schools and dormitories for workers in labor-intensive enterprises;
(6) Song and dance halls, video halls, projection halls, karaoke halls, nightclubs, amusement halls, saunas, Internet cafes, bars, restaurants, teahouses and cafes with entertainment functions with a total construction area of more than 500 square meters;
(seven) a class of high-rise residential buildings specified by the national technical standards for fire control in engineering construction;
(eight) urban rail transit, tunnel engineering, large-scale power generation and distribution engineering;
(9) Factories, warehouses, special stations and docks for producing, storing and loading and unloading inflammable and explosive dangerous goods, filling stations, supply stations and pressure regulating stations for inflammable and explosive gases and liquids;
(10) Office buildings, power dispatching buildings, telecommunication buildings, postal buildings, disaster prevention command and dispatching buildings, radio and television buildings and archives buildings of state organs;
(eleven) the construction projects listed in items 1 to 6 of this article;
(twelve) public buildings with a single building area of more than forty thousand square meters or a building height of more than fifty meters other than the tenth and eleventh provisions of this article.
Fifteenth of the special construction projects to implement the fire design review system.
The construction unit of a special construction project shall apply to the competent department of fire protection design audit, and the competent department of fire protection design audit shall be responsible for the audit results according to law.
Without the fire design review or unqualified special construction projects, the construction unit, the construction unit shall not be constructed.
Sixteenth construction units to apply for fire design audit, shall submit the following materials:
(a) the fire design review application form;
(2) Fire protection design documents;
(three) in accordance with the law, it is necessary to apply for a construction project planning permit, and it shall submit the construction project planning permit document;
(four) temporary buildings that need to be approved according to law shall submit the approval documents.
Seventeenth special construction projects under any of the following circumstances, the construction unit shall submit the technical data of special fire protection design in addition to the materials listed in Article 16 of these Provisions:
(a) there is no provision in the national technical standards for fire control of engineering construction, and international standards or foreign technical standards for fire control of engineering construction must be adopted;
(two) the new technologies, new processes and new materials to be adopted in the fire protection design documents do not meet the requirements of the national technical standards for fire protection in engineering construction.
The technical data of special fire protection design mentioned in the preceding paragraph shall include special fire protection design documents, international standards adopted in design, Chinese version of technical standards for fire protection of overseas projects, relevant application examples, product descriptions and other data.
Eighteenth fire design review and acceptance department after receiving the application for fire design review submitted by the construction unit, if the application materials are complete, it shall issue a certificate of acceptance; If the application materials are incomplete, it shall inform all the contents that need to be supplemented at one time.
Article 19 For a construction project under any of the circumstances specified in Article 17 of these Provisions, the competent department of fire protection design review and acceptance shall, within five working days from the date of accepting the application for fire protection design review, submit the application materials to the competent departments of housing and urban and rural construction of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government to organize expert review.
Article 20 The competent departments of housing and urban and rural construction of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall establish an expert database composed of personnel with senior technical titles in engineering fire fighting, construction and other professions, and formulate an expert database management system.
Article 21 The competent departments of housing and urban and rural construction of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, within ten working days from the date of receiving the application materials, organize an expert review meeting to review the technical data of special fire protection design submitted by the construction unit.
The evaluation experts are randomly selected from the expert database. For projects with complex technology, strong professionalism or special national requirements, you can directly invite academicians of China Academy of Sciences, China Academy of Engineering, national engineering survey and design masters and overseas experts with corresponding qualifications to participate in the review; Experts who have an interest in the design unit of a special construction project shall not participate in the review.
The evaluation experts shall meet the requirements of relevant majors, with a total number of not less than 7, and independently issue evaluation opinions. The technical data of special fire protection design shall be approved by more than 3/4 experts. Experts have different opinions, it shall be indicated. The competent departments of housing and urban and rural construction of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall notify in writing the competent departments of fire protection design review and acceptance that submitted expert review opinions, and report to the competent departments of housing and urban and rural construction of the State Council for the record.
Twenty-second fire design review and acceptance department shall issue a written review opinion within fifteen working days from the date of accepting the application for fire design review. In accordance with the provisions of the need to organize expert review, expert review time is not more than twenty working days.
Twenty-third to meet the following conditions, the competent department of fire design review and acceptance shall issue a fire design review qualified opinions:
(a) the application materials are complete and conform to the statutory form;
(two) the design unit has the corresponding qualifications;
(three) the fire protection design documents meet the national technical standards for fire protection in engineering construction (there are special construction projects under the circumstances of Article 17 of these Provisions, and the technical data of special fire protection design have passed the expert review).
Do not meet the conditions specified in the preceding paragraph, the competent department of fire design review and acceptance shall issue unqualified opinions on fire design review and explain the reasons.
Twenty-fourth the implementation of the joint review of construction drawings and design documents, the technical review of fire protection design of construction projects should be included in the joint review.
Twenty-fifth construction, design and construction units shall not modify the fire protection design documents that have been examined and approved without authorization. If it is really necessary to modify, the construction unit shall re-apply for fire protection design audit in accordance with these provisions.
Chapter IV Fire Control Acceptance of Special Construction Projects
Twenty-sixth for special construction projects to implement the fire inspection system.
After the completion and acceptance of the special construction project, the construction unit shall apply to the competent department of fire protection design review and acceptance for fire protection acceptance; It is prohibited to put into use without fire acceptance or unqualified fire acceptance.
Twenty-seventh construction units in the organization of final acceptance, should check whether the construction project meets the following requirements:
(a) to complete the fire protection design of the project and the fire protection content agreed in the contract;
(two) a complete fire technical archives and construction management information (including fire related building materials, building components and equipment in the test report);
(3) The construction unit has passed the acceptance of all sub-projects involving fire control; Construction, design, project supervision, technical services and other units confirm that the fire quality of the project meets the relevant standards;
(four) the performance of fire control facilities and the joint debugging of system functions have passed the test.
The construction unit shall not prepare the project completion acceptance report for the construction project that fails to meet the provisions of the preceding paragraph after inspection.
Twenty-eighth construction units to apply for fire inspection, shall submit the following materials:
(a) the fire acceptance application form;
(two) the project completion acceptance report;
(three) the completion of the construction project involving fire protection.
After receiving the application for fire control acceptance submitted by the construction unit, the competent department of fire control design review and acceptance shall issue a certificate of acceptance if the application materials are complete; If the application materials are incomplete, it shall inform all the contents that need to be supplemented at one time.
Twenty-ninth fire design review and acceptance department shall, after accepting the application for fire acceptance, conduct on-site evaluation of special construction projects in accordance with relevant state regulations. On-site assessment includes on-site sampling inspection of the appearance of building fire prevention (fire fighting) facilities; Sampling and measuring the measurable indexes such as distance, height, width, length, area and thickness through professional instruments and equipment; Sampling test of fire facilities function, joint debugging test of fire facilities system function, etc.
Thirtieth fire design review and acceptance department shall issue fire acceptance opinions within fifteen days from the date of accepting the application for fire acceptance. Meet the following conditions, it shall issue a fire inspection opinion:
(a) the application materials are complete and conform to the statutory form;
(two) whether the project completion acceptance report is complete;
(3) The completed drawings of construction projects involving fire protection are consistent with the fire protection design documents that have passed the examination;
(4) The on-site assessment conclusion is qualified.
If the conditions specified in the preceding paragraph are not met, the competent department of fire design review and acceptance shall issue unqualified opinions on fire acceptance and explain the reasons.
Thirty-first the implementation of planning, land, fire protection, civil air defense, archives and other matters of joint acceptance of construction projects, by the local people's government designated departments issued fire inspection opinions.
Chapter V Fire Control Design, Filing and Spot Checking of Other Construction Projects
Thirty-second other construction projects, the construction unit shall provide fire protection design drawings and technical data to meet the needs of construction when applying for construction permit or approving the commencement report.
Failing to provide fire protection design drawings and technical data that meet the construction needs, the relevant departments shall not issue construction permits or approve the commencement report.
Thirty-third for other construction projects to implement the system of spot checks for the record.
Other construction projects that fail to pass random inspection according to law shall stop construction.
Thirty-fourth other construction projects within five working days from the date of completion and acceptance, the construction unit shall report to the competent fire department for design review and acceptance for the record.
The construction unit shall submit the following filing materials:
(a) fire inspection record;
(two) the project completion acceptance report;
(three) the completion of the construction project involving fire protection.
The provisions of Article 27 of the Provisions on Fire Control Acceptance for Completion Acceptance of Construction Units are applicable to other construction projects.
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