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Interim Provisions on examination and acceptance management of fire protection design of construction projects

The Interim Provisions on the management of examination and acceptance of fire protection design of construction projects, which was deliberated and adopted at the 15th ministerial meeting on January 19, 2020, is hereby promulgated and shall come into force on June 1, 2020.



Wang Menghui, Minister of housing and urban rural development
April 1, 2020



Interim Provisions on examination and acceptance management of fire protection design of construction projects

general provisions

Article 1 These Provisions are formulated in accordance with the construction law of the people's Republic of China, the fire protection law of the people's Republic of China, the regulations on the quality management of construction projects and other laws and administrative regulations in order to strengthen the management of examination and acceptance of fire control design of construction projects and ensure the quality of fire protection design and construction of construction projects.

Article 2 These Provisions shall be applicable to the examination and acceptance of fire control design of special construction projects, as well as the filing and random inspection of fire control acceptance of other construction projects.

Special construction projects mentioned in these Provisions refer to the construction projects listed in Article 14 of these provisions.

Other construction projects mentioned in these Provisions refer to those other than special construction projects that need to be designed for fire protection in accordance with the national technical standards for fire protection of engineering construction.

Article 3 the competent department of housing and urban rural construction under the State Council shall be responsible for guiding and supervising the examination and acceptance of fire protection design of construction projects throughout the country.

The competent departments of housing and urban rural construction of the local people's governments at or above the county level (hereinafter referred to as the competent departments of fire protection design examination and acceptance) shall, in accordance with their duties, undertake the examination, acceptance, filing and spot check of fire control design of construction projects within their respective administrative areas.

The examination, acceptance, filing and spot check of fire protection design of construction projects across administrative regions shall be designated by the competent department at the next higher level jointly by the competent department of fire protection design review and acceptance in the administrative region where the construction project is located.

Article 4 the competent department of fire protection design examination and acceptance shall use Internet technology and other information means to carry out fire design review, fire acceptance, filing and spot check, establish and improve the credit management system of relevant units and employees, and continuously improve the level of government service.

Article 5 the funds required by the competent department in charge of the examination and acceptance of fire protection design for the examination, acceptance, filing and spot check of fire protection design shall be implemented in accordance with the provisions of the administrative license law of the people's Republic of China and other relevant laws and regulations.

Article 6 The competent department in charge of the examination and acceptance of fire control design shall timely inform the fire fighting and rescue institutions of the acceptance, filing and spot check of the fire control design, and share with the fire fighting and rescue institutions the building plan, the layout plan of fire-fighting facilities, the system diagram of fire-fighting facilities, etc.

Article 7 the staff engaged in the examination and acceptance of fire protection design of construction projects, as well as the employees of construction, design, construction, project supervision, technical services and other units, shall have corresponding professional and technical ability and regularly participate in vocational training.

Chapter II responsibilities and obligations of fire protection design and construction quality of relevant units

Article 8 the construction unit shall bear the primary responsibility for the fire control design and construction quality of construction projects according to law. Design, construction, engineering supervision, technical services and other units are responsible for the fire protection design and construction quality of construction projects according to law. The employees of construction, design, construction, engineering supervision, technical service and other units shall bear corresponding personal responsibility for fire protection design and construction quality of construction projects.

Article 9 the construction unit shall fulfill the following responsibilities and obligations for fire control design and construction quality:

(1) it is not allowed to express or imply that the design, construction, engineering supervision, technical service and other units and their employees violate the laws and regulations of construction projects and the national technical standards for fire control of engineering construction, thereby reducing the quality of fire control design and construction of construction projects;

(2) apply for examination of fire protection design and acceptance of fire protection of construction projects in accordance with the law, handle filing and accept spot check;

(3) for construction projects subject to project supervision, the quality of fire control construction shall be entrusted for supervision according to law;

(4) to entrust design, construction and engineering supervision units with corresponding qualifications;

(5) to select qualified fire-fighting products and building materials, building components, fittings and equipment that meet the fire performance requirements in accordance with the fire protection design requirements of the project and the contract agreement;

(6) to organize relevant units to check whether the construction project meets the requirements of fire control during the completion acceptance of the construction project;

(7) hand over the files related to fire control of construction projects to the archives management organization in time according to law.

Article 10 design units shall perform the following responsibilities and obligations for fire control design and construction quality:

(1) 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 compile fire control 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 specifications, performance and other technical indicators of fire-fighting products, building materials, components, fittings and equipment with fire-proof performance requirements selected in the design documents shall conform to the standards prescribed by the state;

(3) participate in the completion acceptance of the construction project organized by the construction unit, sign and confirm the implementation of the fire protection design of the construction project, and be responsible for the quality of the fire protection design of the construction project.

Article 11 the construction unit shall fulfill the following responsibilities and obligations for fire control design and construction quality:

(1) to organize the construction in accordance with the laws and regulations of construction projects, the national technical standards for fire protection in engineering construction, and the fire control design documents that have passed the examination of fire protection design or meet the needs of the project, and shall not change the fire control design for construction without authorization, so as to reduce the quality of fire control construction;

(2) to inspect the quality of fire-fighting products and building materials, building components and fittings and equipment with fire-fighting performance requirements in accordance with fire-fighting design requirements, construction technical standards and contract agreements, and use qualified products to ensure the quality of fire-fighting construction;

(3) participate in the completion acceptance of the construction project organized by the construction unit, sign and confirm the fire control construction quality of the construction project, and be responsible for the fire control construction quality of the construction project.

Article 12 the project supervision unit shall fulfill the following responsibilities and obligations for fire control design and construction quality:

(1) to carry out project supervision in accordance with the laws and regulations of construction projects, the national technical standards for fire control in engineering construction, and the fire control design documents that have passed the examination of fire protection design or meet the needs of the project; and;

(2) before the use and installation of fire-fighting products and building materials, building components, fittings and equipment with fire-proof performance requirements, check the product quality certification documents, and do not agree to use or install unqualified fire-fighting products and building materials, building components and equipment whose fire-fighting performance does not meet the requirements;

(3) participate in the construction project completion acceptance organized by the construction unit, sign and confirm the fire control construction quality of the construction project, and assume the supervision responsibility for the fire control construction quality of the construction project.

Article 13 the technical service institutions that provide services such as technical examination of fire protection design drawings, testing of fire-fighting facilities or on-site assessment of fire-fighting acceptance of construction projects shall provide services in accordance with the laws and regulations of construction projects, national technical standards for fire control in engineering construction and relevant provisions of the state, and shall be responsible for the opinions or reports issued.

Chapter III fire protection design review of special construction projects

Article 14 a construction project under one of the following circumstances is a special construction project:

(1) stadiums and halls with a total construction area of more than 20000 square meters, and exhibition halls of public exhibition halls and museums;

(2) civil airport terminals, passenger station waiting rooms and passenger terminal waiting halls with a total construction area of more than 15000 square meters;

(3) hotels, restaurants, shopping malls and markets with a total construction area of more than 10000 square meters;

(4) theaters with a total construction area of more than 2500 square meters, reading rooms of public libraries, commercial indoor fitness and leisure venues, outpatient buildings of hospitals, teaching buildings, libraries and canteens of universities, production and processing workshops of labor-intensive enterprises, temples and churches; and;

(5) children's rooms in nurseries and kindergartens, children's playgrounds and other indoor places for children's activities with a total construction area of more than 1000 square meters, ward buildings of nursing homes, welfare homes, hospitals and sanatoriums, teaching buildings, libraries and canteens of primary and secondary schools, collective dormitories of schools and staff dormitories of labor-intensive enterprises; and;

(6) singing and dancing halls, video halls, projection halls, karaoke halls, nightclubs, recreation halls, saunas, Internet cafes and bars with a total construction area of more than 500 square meters, and restaurants, teahouses and cafes with entertainment functions; and;

(7) a class of high-rise residential buildings specified in the national technical standards for fire protection in engineering construction;

(8) urban rail transit, tunnel projects, large-scale power generation, power transformation and distribution projects;

(9) factories, warehouses, special stations and wharves for the production, storage, loading and unloading of inflammable and explosive dangerous goods, filling stations, supply stations and pressure regulating stations for inflammable and explosive gases and liquids; and;

(10) office building of state organs, power dispatching building, telecommunication building, postal building, disaster prevention command and dispatching building, radio and television building, and archives building;

(11) construction projects under the circumstances listed in Items 1 to 6 of this article; and;

(12) public buildings with a single building area of more than 40000 square meters or a building height of more than 50 meters other than those specified in items 10 and 11 of this article.

Article 15 the fire control design examination system shall be implemented for special construction projects.

The construction unit of a special construction project shall apply to the Department in charge of examination and acceptance of fire protection design for examination of fire protection design, and the Department in charge of examination and acceptance of fire protection design shall be responsible for the results of examination according to law.

The construction unit and construction unit shall not carry out the construction of special construction projects without examination of fire control design or unqualified examination.

Article 16 when applying for examination of fire control design, the construction unit shall submit the following materials:

(1) application form for fire protection design review;

(2) fire control design documents;

(3) if it is necessary to apply for a construction project planning permission according to law, the construction project planning permission document shall be submitted;

(4) for temporary buildings that need approval according to law, approval documents shall be submitted.

Article 17 in case of any of the following circumstances for a special construction project, the construction unit shall, in addition to the materials listed in Article 16 of these Provisions, submit technical data for special fire control design at the same time:

(1) there are no provisions in the national technical standards for fire control of engineering construction, and international standards or overseas technical standards for fire control of engineering construction must be adopted;

(2) the new technology, new process and new materials to be adopted in the fire control design documents do not conform to the provisions of the national technical standards for fire protection in engineering construction.  

The "special fire protection design technical data" mentioned in the preceding paragraph shall include the special fire protection design documents, the international standards adopted in the design, the Chinese text of the fire protection technical standards for overseas engineering construction, and relevant application examples, product descriptions, etc.

Article 18 after receiving the application for fire protection design examination and acceptance submitted by the construction unit, the competent department of fire protection design examination and acceptance shall issue acceptance certificate for the application materials which are complete; If the application materials are not complete, all the contents to be supplemented and corrected shall be informed at one time.

Article 19 for a construction project under one of the circumstances specified in Article 17 of these Provisions, the competent department of fire protection design examination and acceptance shall, within five working days from the date of accepting the application for examination of fire protection design, submit the application materials to the competent department of housing and urban and rural construction of the people's Government of the province, autonomous region and municipality directly under the central government to organize expert evaluation.

Article 20 the competent departments of housing and urban 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 control, construction, etc., and formulate an expert database management system.

Article 21 The competent departments of housing and urban rural construction of the people's governments of provinces, autonomous regions and municipalities directly under the central government shall organize and hold an expert review meeting within 10 working days from the date of receiving the application materials to evaluate the technical data of special fire protection design submitted by the construction unit.

Evaluation experts are randomly selected from the expert database. For projects with complex technology, strong specialty or special requirements of the state, academicians of the Chinese Academy of Sciences, Chinese Academy of engineering, National Engineering Survey and design masters and overseas experts with corresponding qualifications can be directly invited to participate in the evaluation; Experts who have an interest in the design units of special construction projects shall not participate in the evaluation.

The total number of evaluation experts shall not be less than seven, and shall independently issue evaluation opinions. The technical data of special fire protection design shall be deemed to have passed the review after being agreed by more than three quarters of the evaluation experts. If the review experts have different opinions, it shall be noted. The competent departments of housing and urban rural construction of the people's governments of provinces, autonomous regions and municipalities directly under the central government shall notify the competent department of fire protection design examination and acceptance that is submitted to the review in writing, and report to the competent department of housing and urban rural construction under the State Council for the record.

Article 22 The competent department in charge of examination and acceptance of fire control design shall issue written examination opinions within 15 working days from the date of accepting the application for fire control design examination. If it is necessary to organize expert review in accordance with these Provisions, the time for expert review shall not exceed 20 working days.

Article 23 If the following conditions are met, the competent department for examination and acceptance of fire control design shall issue opinions on passing the examination of fire control design:

(1) the application materials are complete and conform to the legal form;

(2) the design unit has corresponding qualifications;

(3) the fire protection design documents meet the national technical standards for fire protection of engineering construction (for special construction projects with one of the circumstances specified in Article 17 of these Provisions, the technical data of special fire protection design shall be reviewed by experts).

If the conditions specified in the preceding paragraph are not met, the competent department for examination and acceptance of fire control design shall issue opinions on unqualified fire control design examination and explain the reasons.

Article 24 Where the joint examination of construction drawing design documents is carried out, the technical examination of fire control design of construction projects shall be incorporated into the joint examination.

Article 25 the construction, design and construction units shall not modify the fire control design documents that have passed the examination without authorization. If it is really necessary to modify, the construction unit shall re apply for fire protection design review in accordance with the provisions.

Chapter IV fire control acceptance of special construction projects

Article 26 fire control acceptance system shall be implemented for special construction projects.

After the completion and acceptance of special construction projects, the construction unit shall apply to the competent department of fire protection design examination and acceptance for fire control acceptance; It is forbidden to put into use if it has not passed the fire control acceptance or fails to pass the fire control acceptance.

Article 27 when organizing the completion acceptance, the construction unit shall check whether the construction project meets the following requirements:

(1) to complete the fire control design of the project and the fire control contents stipulated in the contract;

(2) having complete technical files and construction management materials for fire control of the project (including the mobilization test report of building materials, building components and equipment involved in fire control);

(3) the construction unit has passed the acceptance check of all sub projects involving fire control; Construction, design, engineering supervision, technical services and other units confirm that the fire protection quality of the project meets the relevant standards;

(4) the performance of fire-fighting facilities and system function joint commissioning and test are qualified.

If a construction project fails to meet the requirements of the preceding paragraph upon inspection, the construction unit shall not prepare a project completion acceptance report.

Article 28 when applying for acceptance of fire control, the construction unit shall submit the following materials:

(1) application form for fire control acceptance;

(2) project completion acceptance report;

(3) as built drawings of construction projects involving fire control.

After receiving the fire protection acceptance application submitted by the construction unit, the competent department of fire protection design examination and acceptance shall issue acceptance certificate for the application materials that are complete; If the application materials are not complete, all the contents to be supplemented and corrected shall be informed at one time.

Article 29 After accepting the application for acceptance of fire control design, the competent department for examination and acceptance of fire control design shall, in accordance with the relevant provisions of the state, conduct on-site assessment of special construction projects. Site assessment includes on-site sampling inspection of the appearance of fire prevention (extinguishing) facilities of buildings; Through professional instruments and equipment, on-site sampling measurement of measurable indicators such as distance, height, width, length, area, thickness, etc; The function of fire-fighting facilities is sampled and tested, and the system function of fire-fighting facilities is tested.

Article 30 the competent department for examination and acceptance of fire control design shall issue opinions on fire control acceptance within 15 days from the date of accepting the application for fire control acceptance. If the following conditions are met, the fire control acceptance opinions shall be issued:

(1) the application materials are complete and conform to the legal form;

(2) the contents of the project completion acceptance report are complete;

(3) the completed drawings of construction projects involving fire control are consistent with the fire control design documents that have been examined and passed the examination;

(4) the conclusion of on-site assessment is qualified.

If the conditions specified in the preceding paragraph are not met, the competent department in charge of fire control design examination and acceptance shall issue unqualified opinions on fire control acceptance and explain the reasons.

Article 31 for construction projects that are subject to joint acceptance of planning, land, fire control, civil air defense and archives, opinions on fire control acceptance shall be uniformly issued by the Department designated by the local people's government.

Chapter V fire control design, filing and spot check of other construction projects

Article 32 for other construction projects, when applying for construction permit or approval of commencement report, the construction unit shall provide fire control design drawings and technical data meeting the construction requirements.

If the fire control design drawings and technical data meeting the construction requirements are not provided, the relevant departments shall not issue the construction permit or approve the commencement report.

Article 33 the system of spot check for record shall be implemented for other construction projects.

Other construction projects that fail to pass the random inspection according to law shall be stopped from using.

Article 34 within five working days after the completion acceptance of other construction projects, the construction unit shall report to the competent department of fire control design examination and acceptance for the record.

The construction unit shall submit the following materials for filing:

(1) fire control acceptance record form;

(2) project completion acceptance report;

(3) as built drawings of construction projects involving fire control.

Article 27 of the provisions on fire control inspection of completion acceptance of construction units is applicable to other construction projects.

Article 35 after receiving the filing materials of the construction unit, the competent department of fire protection design examination and acceptance shall issue the Filing Certificate for the complete filing materials; If the filing materials are not complete, all the contents that need to be supplemented and corrected shall be informed at one time.

Article 36 The competent department for examination and acceptance of fire control design shall conduct spot check on other construction projects on record. The system of "double random and one open" is implemented in the spot check work. The inspection objects are randomly selected and the inspectors are randomly selected. The sampling proportion shall be determined by the competent departments of housing and urban rural construction of the people's governments of provinces, autonomous regions and municipalities directly under the central government in combination with the fire protection design and construction quality within their jurisdiction, and shall be publicized to the public.

The competent department of fire protection design examination and acceptance shall complete the inspection and make inspection records in accordance with the relevant provisions on fire protection acceptance of construction projects within 15 working days from the date when other construction projects are determined as the inspection objects. The construction unit shall be informed of the inspection results and publicized to the public.

Article 37 after receiving the rectification notice of unqualified inspection, the construction unit shall stop using the construction project and organize the rectification. After the rectification is completed, the construction unit shall apply to the competent department of fire protection design examination and acceptance for review.

The competent department of fire protection design examination and acceptance shall review and issue review opinions within seven working days from the date of receiving the written application. The construction project can only be used after passing the review.

Chapter VI supplementary provisions

Article 38 Any act in violation of these Provisions shall be punished in accordance with the construction law of the people's Republic of China, fire protection law of the people's Republic of China, regulations on the quality management of construction projects and other laws and regulations; If a crime is constituted, criminal responsibility shall be investigated according to law.

The construction, design, construction, engineering supervision, technical service and other units and their employees who violate the relevant construction engineering laws and regulations and the national technical standards for fire control in engineering construction shall be punished or investigated for criminal responsibility according to law, and shall also bear corresponding civil liabilities according to law.

Article 39 the rules for examination and acceptance of fire protection design of construction projects and the forms of documents required for the implementation of these Provisions shall be formulated by the competent department of housing and urban rural construction under the State Council.

Article 40 before the implementation of the newly promulgated national technical standards for fire protection in engineering construction, if the fire control design of construction projects has been examined and qualified according to law, the standards of the original examination opinions shall be followed.

Article 41 these Provisions are not applicable to the construction activities of interior decoration and decoration of residential buildings, villagers' self built houses, disaster relief and temporary buildings in non personnel intensive places.  

Article 42 The competent departments of housing and urban rural construction of the people's governments of provinces, autonomous regions and municipalities directly under the central government may, in accordance with the relevant laws and regulations and these provisions and in combination with the actual local conditions, formulate detailed implementation rules.

Article 43 these Provisions shall come into force as of June 1, 2020.

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