Decree number. Ministry of Public Security 136
(20 13 10, adopted at the office meeting of the minister of public security on 8 October, so as to make theNo. released). 20 14 February 3, the Ministry of Public Security 129, 20 16+ 141October 4, the Ministry of Public Security issued Decree No.65438)
catalogue
Chapter I General Principles
Chapter II Qualifications
Chapter III Qualification Permission
Chapter IV Fire Control Technical Service Activities
Chapter V Supervision and Administration
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Principles
Article 1 These Provisions are formulated in accordance with the Fire Protection Law of People's Republic of China (PRC) for the purpose of regulating the social fire protection technical service activities, establishing a fair market order for fire protection technical services and promoting the improvement of the quality of fire protection technical services.
Article 2 These Provisions shall apply to engaging in social fire-fighting technical service activities within the territory of People's Republic of China (PRC) and implementing qualification licensing, supervision and management of fire-fighting technical service institutions.
The term "fire technical service institutions" as mentioned in these Provisions refers to social organizations engaged in fire technical service activities such as maintenance, inspection and fire safety assessment of fire facilities.
Article 3 Fire technical service institutions and their employees shall follow the principles of objectivity, independence, legality, impartiality, honesty and credibility in carrying out social fire technical service activities.
The provisions referred to in fire technical service practitioners, refers to the professional and technical personnel who have obtained the qualification of registered fire engineer and practiced in fire technical service institutions according to law, and the general operators who have obtained the professional qualification of the corresponding fire industry-specific jobs and engaged in the maintenance and testing of fire facilities in fire technical service institutions in accordance with the relevant provisions.
Article 4 The State implements a qualification licensing system for fire control technical service institutions. Fire technical service institutions shall obtain corresponding qualification certificates of fire technical service institutions (hereinafter referred to as qualification certificates) and engage in fire technical service activities within the business scope determined by the qualification certificates.
Fifth to encourage the establishment of fire technical service industry associations relying on fire protection associations. The fire technical service industry association shall strengthen the self-discipline management of the industry, organize the formulation and release of the self-discipline management system and practice guidelines for the fire technical service industry, advocate the concept of honest practice, fair competition and serving the society, standardize the practice behavior, promote the improvement of service quality, oppose unfair competition and monopoly, safeguard the legitimate rights and interests of the industry and members, and promote the healthy development of the industry.
Fire protection associations and fire protection technical service industry associations shall not engage in profit-making social fire protection technical service activities, and shall not engage in or monopolize industries through fire protection technical service institutions.
Chapter II Qualifications
Article 6 The qualifications of fire facilities maintenance and testing institutions are divided into Grade I, Grade II and Grade III, and the qualifications of fire safety assessment institutions are divided into Grade I and Grade II.
Article 7 The third-level qualification of a fire control facility maintenance and testing institution shall meet the following conditions:
(1) enterprise legal person qualification;
(two) the maintenance room meets the requirements of the variety and quantity of fire extinguishers, and the construction area is more than one hundred square meters;
(3) Instruments, equipment and facilities suitable for the business scope of fire extinguisher maintenance;
(four) there are more than one registered fire engineer and more than five personnel with fire extinguisher maintenance skills;
(5) Having a sound quality management system;
(6) Other conditions stipulated by laws and administrative regulations.
Article 8 The second-level qualification of a fire control facility maintenance and testing institution shall meet the following conditions:
(1) Having the qualification of an enterprise as a legal person, with a construction area of over 200 square meters;
(2) Instruments, equipment and facilities suitable for the business scope of maintenance and testing of fire control facilities;
(three) more than six registered fire engineers, including at least three first-class registered fire engineers;
(four) the operator has obtained the professional qualification certificate of firefighters in buildings (structures) with intermediate skill level or above, of which at least 30% have advanced skill level or above;
(5) A sound quality management system;
(6) Other conditions stipulated by laws and administrative regulations.
Article 9 The first-level qualification of a fire control facility maintenance and testing institution shall meet the following conditions:
(1) Having obtained the second-class qualification of a fire protection facility maintenance and testing institution for more than three years, and having no record of illegal practice within three years from the date of application;
(two) the construction area of the site is more than 300 square meters;
(3) Instruments, equipment and facilities suitable for the business scope of maintenance and testing of fire control facilities;
(four) more than ten registered fire engineers, including at least six first-class registered fire engineers;
(five) the operator has obtained the professional qualification certificate of firefighters in buildings (structures) with intermediate skill level or above, of which at least 30% have advanced skill level or above;
(6) A sound quality management system;
(seven) in the three years before the date of application, engaged in at least 20 times of single building area of more than 20 thousand square meters of industrial buildings and civil buildings with automatic fire control facilities maintenance and testing activities;
(8) Other conditions as prescribed by laws and administrative regulations.
Article 10 The second-level qualification of a fire safety assessment institution shall meet the following conditions:
(1) It has the qualification of a legal person, and the construction area of the site is over 100 square meters;
(2) Equipment, facilities and necessary technical support conditions suitable for the business scope of fire safety assessment;
(three) there are more than eight registered fire engineers, including at least four first-class registered fire engineers;
(four) a sound fire safety assessment process control system;
(5) Other conditions stipulated by laws and administrative regulations.
Article 11 The first-level qualification of a fire safety assessment institution shall meet the following conditions:
(1) Having obtained the second-class qualification of a fire safety assessment institution for more than three years, and having no record of illegal practice within three years from the date of application;
(two) the construction area of the site is more than 200 square meters;
(3) Equipment, facilities and necessary technical support conditions suitable for the business scope of fire safety assessment;
(four) more than twelve registered fire engineers, including at least eight first-class registered fire engineers;
(five) a sound fire safety assessment process control system;
(six) engaged in at least ten fire safety assessment activities of industrial buildings and civil buildings with a single building area of more than 30 thousand square meters within three years before the date of application;
(seven) other conditions stipulated by laws and administrative regulations.
Article 12 A fire control technical service institution may obtain the qualifications of more than two fire control technical service institutions at the same time. At the same time, the fire technical service institutions that have obtained the qualifications above Grade II shall meet the following conditions:
(a) the construction area of the site is more than 300 square meters;
(2) The number of registered fire engineers shall not be less than 80% of the total number of registered fire engineers required by each single qualification condition to be obtained at the same time, and shall not be less than the number of registered fire engineers required by any single qualification condition;
(3) Other conditions for each individual qualification to be obtained at the same time.
Article 13 Anyone who has been engaged in the maintenance, inspection and fire safety assessment of fire control facilities for more than three years before the implementation of these Provisions and meets the qualification conditions stipulated in Articles 9 and 11 of these Provisions (except the working hours of the second-level qualification) may apply for the temporary first-level qualification within six months from the date of implementation of these Provisions.
The temporary first-level qualification is valid for two years. After the expiration, you can apply for corresponding qualifications in accordance with these regulations.
Fourteenth first-class qualification of fire safety assessment institutions can practice nationwide. Other fire technical service institutions can practice in the provinces, autonomous regions and municipalities directly under the central government where the license is located.
Fifteenth fire facilities maintenance and inspection institutions with the following qualifications can practice across provinces, autonomous regions and municipalities directly under the central government, but they should set up branches in this province, autonomous region and municipality directly under the central government:
(1) Having obtained the first-class qualification for more than two years, and having no record of illegal practice within two years from the date of application;
(two) more than ten registered fire engineers, including at least eight first-class registered fire engineers, excluding the registered fire engineers to be transferred to branches and the registered fire engineers who have established branches.
The number of registered fire engineers to set up branches shall not be less than 80% of the number of registered fire engineers required to apply for the qualification of fire technical service institutions, and meet other conditions for the qualification of corresponding fire technical service institutions.
Branches of fire control technical service institutions shall practice within the scope of their qualifications.
Chapter III Qualification Permission
Sixteenth fire technical service institutions qualification examination and approval by the provincial public security organs fire control institutions; Among them, those who intend to approve the first-class qualification of fire safety assessment institutions shall be examined in writing by the Fire Department of the Ministry of Public Security.
Seventeenth to apply for the qualification of fire technical service institutions, the following materials shall be submitted to the fire department of the provincial public security organ where the institution is located:
(a) the application form for the qualification of fire technical service institutions;
(2) A copy of the business license and other legal person identification documents;
(3) A copy of the articles of association of the legal person and the ID card of the legal representative;
(four) the list of employees and their identity cards, the qualification certificate of registered fire engineer and its social insurance certificate, the professional qualification certificate of specific jobs in the fire protection industry, and a copy of the labor contract;
(five) a copy of the certificate of ownership of the place, and a list of the main instruments, equipment and facilities;
(6) Relevant quality management documents;
(seven) other materials as prescribed by laws and administrative regulations.
To apply for the first-class qualification, it shall also submit the second-class qualification certificate and the catalogue of fire protection technical service projects undertaken within three years before the date of application.
Article 18 When applying for the establishment of a branch, a fire technical service institution shall submit the following materials to the fire control institution of the provincial public security organ where the branch is to be established:
(1) An application form for establishing a branch of fire technical service;
(2) a copy of the qualification certificate;
(3) Summary table of registered fire engineer, qualification certificate of registered fire engineer, social insurance certificate and copy of ID card;
(4) A list of employees of the branch company and their ID cards, qualification certificates of registered fire engineers and their social insurance certificates, professional qualification certificates of specific jobs in the fire protection industry, and copies of labor contracts;
(five) a copy of the certificate of ownership of the location of the branch, and a list of main instruments, equipment and facilities;
(6) Relevant quality management documents and branch management measures;
(seven) other materials as prescribed by laws and administrative regulations.
Nineteenth provincial public security organs fire control institutions after receiving the application, the application materials are complete and conform to the statutory form, it shall issue an acceptance certificate; If it is not accepted, it shall issue a certificate of rejection and explain the reasons; If the application materials are incomplete or do not conform to the statutory form, the applicant shall be informed of all the contents that need to be corrected on the spot or within five days. Failing to inform the application materials within the time limit, it shall be accepted from the date of receiving the application materials.
Article 20 After accepting the application, the fire department of the provincial public security organ shall make an administrative licensing decision within 20 days from the date of acceptance. If a decision cannot be made within twenty days, it may be extended for ten days with the approval of the person in charge of the fire control institution of the provincial public security organ, and the applicant shall be informed of the reasons for the extension.
For those who intend to issue the first-class qualification certificate of the fire safety assessment institution, the fire control institution of the provincial public security organ shall complete the examination within 20 days from the date of accepting the application, and report the examination opinions and application materials to the Fire Department of the Ministry of Public Security. Public security fire control institutions shall complete the examination within ten days from the date of receiving the examination opinions.
Where a licensing decision is made, a qualification certificate shall be issued and delivered to the applicant within ten days from the date of making the decision; If the license is not granted, it shall issue a decision of disapproval and explain the reasons.
Twenty-first fire control institutions of public security organs shall organize expert review during the examination and approval period to conduct on-the-spot verification of the applicant's premises, equipment and facilities.
The expert review time is not counted in the examination and approval time limit, but the longest time shall not exceed thirty days. The specific measures for expert review shall be formulated and promulgated by the Fire Department of the Ministry of Public Security.
Twenty-second qualification certificates are divided into original and duplicate, and the style is uniformly formulated by the Ministry of Public Security. The original and duplicate have the same legal effect. The qualification certificate is valid for three years.
When the applicant receives the first-class qualification certificate for fire facilities maintenance and inspection and fire safety assessment, it shall return the second-class qualification certificate to the original issuing authority for cancellation.
Twenty-third fire technical service institutions qualification certificate expires and needs to be extended, it shall apply to the original license of the public security organ fire control institutions three months before the expiration of the validity period. The fire control institution of the original license public security organ shall conduct the examination in accordance with the procedures stipulated in Articles 19 and 20 of these Provisions; When necessary, on-site inspection can be conducted.
After examination, the fire technical service institution no longer meets the qualification conditions, or violates the provisions of Article 47 and Paragraph 1 of Article 50 of these Provisions for more than three times within the validity period of the qualification certificate, and shall not go through the renewal procedures.
Article 24 Where the name, address, registered capital and legal representative of a fire-fighting technical service institution change, it shall apply to the fire-fighting institution of the original public security organ for the change formalities within 10 days.
Where a fire control technical service institution loses its qualification certificate, it shall apply to the fire control institution of the public security organ for a replacement.
After accepting the application for change and replacement of the qualification certificate, the fire control institution of the original licensing public security organ shall conduct a review and complete it within five days from the date of acceptance.
Chapter IV Fire Control Technical Service Activities
Twenty-fifth fire technical service institutions and their employees shall, in accordance with laws and regulations, technical standards and professional norms, carry out the following social fire technical service activities, and be responsible for the service quality:
(a) the third-level qualification of the maintenance and testing institution of fire control facilities, which can engage in the inspection, maintenance, replacement of fire extinguishing agents, recovery of fire extinguishers and other activities authorized by the production enterprises; Fire facilities maintenance and testing institutions with first-class qualification and second-class qualification can engage in the detection, maintenance and conservation activities of building fire facilities;
(2) Fire safety assessment institutions can engage in activities such as regional fire safety assessment, social unit fire safety assessment, large-scale event fire safety assessment, special fire safety design scheme safety assessment, and consulting activities such as fire laws and regulations, fire technical standards, and rectification of fire hazards.
Twenty-sixth first-class qualification, temporary first-class qualification of fire facilities maintenance and testing institutions can engage in all kinds of building fire facilities testing, maintenance, maintenance activities. Fire safety assessment institutions with first-class qualification and temporary first-class qualification can engage in all kinds of fire safety assessment and consulting activities.
The second-level qualified fire protection facilities maintenance and testing institutions can engage in the detection, repair and maintenance activities of fire protection facilities in buildings with a single building area of less than 40,000 square meters, factories and warehouses with a fire risk less than Class C. The second-level qualified fire safety assessment institutions can engage in the fire safety assessment of social units, as well as consulting activities on fire protection laws and regulations, fire protection technical standards and general fire hazards rectification.
Twenty-seventh fire facilities maintenance and testing institutions shall carry out testing, repair and maintenance in accordance with the procedures and procedures stipulated by national standards and industry standards, so as to ensure that the quality of fire facilities and fire extinguishers in buildings repaired and maintained meets the national standards and industry standards.
Twenty-eighth fire technical service institutions shall sign labor contracts with employees according to law, and strengthen the management of employees. A registered fire engineer shall not practice in more than two social organizations at the same time.
If the registered fire engineer of the fire technical service institution changes, it shall be filed through the social fire technical service information system within five days.
Twenty-ninth fire technical service institutions shall set up a technical director to supervise and manage the quality of their fire technical services, and conduct technical audit on the written conclusion documents issued. The technical person in charge shall have the qualification of registered fire engineer, and the technical person in charge of the first-class qualification and second-class qualification fire technical service institutions shall have the qualification of registered fire engineer.
Thirtieth fire technical service institutions to undertake business, should sign a fire technical service contract with the client, and clear the person in charge of the project. The person in charge of the project shall have the corresponding qualification of registered fire engineer.
Fire technical service institutions shall not subcontract or subcontract fire technical service projects.
Thirty-first written conclusive documents issued by fire technical service institutions shall be signed by the technical person in charge and the project person in charge, and stamped with the seal of fire technical service institutions.
After the fire control facilities maintenance and testing institution maintains the building fire control facilities and fire extinguishers, it shall make a logo containing the name of the fire control technical service institution, the person in charge of the project, the maintenance date and other information, and publicize it in a prominent position in the building where the fire control facilities and fire extinguishers are located.
Thirty-second construction enterprises with the qualification of fire protection facilities maintenance and inspection shall not be used as the qualification certificate for the construction unit to apply for fire protection inspection of construction projects before the completion and acceptance.
Thirty-third fire technical service institutions shall, within five days from the date of completion of fire technical service projects, put on record the catalogue of fire technical service projects and the written conclusion documents issued by them through the social fire technical service information system.
Thirty-fourth fire technical service institutions shall objectively, truly and completely record the service situation, and establish fire technical service files according to the fire technical service items.
The storage period of safety assessment files of special fire protection design scheme is long-term, the storage period of fire extinguisher maintenance files is five years, and the storage period of other fire protection technical service files is twenty years.
Thirty-fifth fire technical service institutions shall publicize the qualification certificate, business license, working procedures, charging standards, charging basis, professional standards, registered fire engineer qualification certificate, complaint telephone number and other matters in a prominent position in their business premises.
Thirty-sixth fire technical service institutions shall abide by the provisions of laws and regulations on price management.
Thirty-seventh fire technical service institutions shall not engage in the following acts in social fire technical service activities:
(a) did not obtain the corresponding qualification to engage in fire technical service activities;
(two) issued false and inaccurate documents;
(three) alter, resell, lease, lend or illegally transfer the qualification certificate in other forms;
(4) divulging the business secrets of customers;
(five) to assign unqualified practitioners to engage in fire technical service activities;
(six) other acts prohibited by laws, regulations and rules.
Chapter V Supervision and Administration
Thirty-eighth fire control institutions of public security organs at or above the county level shall, in accordance with relevant laws, regulations and these Provisions, supervise and manage the social fire control technical service activities within their respective administrative areas.
Fire technical service institutions and their employees shall assist and cooperate with the supervision and management of fire control institutions of public security organs according to law, and shall not refuse or obstruct them.
Thirty-ninth fire control institutions of public security organs at or above the county level shall, in combination with daily fire control supervision and inspection work, conduct supervision and spot checks on the quality of fire control technical services.
Citizens, legal persons and other organizations report and complain about the practice of fire technical service institutions and their employees, and the fire control institutions of public security organs shall timely check and deal with them.
Article 40 The fire control institution of the public security organ shall order the fire control technical service institution to correct the illegal practice immediately or within a time limit, investigate and deal with it according to law, and inform the fire control institution of the public security organ of the original license in time of the illegal practice facts, treatment results and treatment suggestions.
Article 41 If the fire control institution of the public security organ finds that the fire control technical service institution no longer meets the corresponding qualification conditions after obtaining the qualification, it shall be ordered to make corrections within a time limit, and shall not engage in the corresponding social fire control technical service activities during the correction period.
Article 42 If the staff of the fire control institution of the public security organ abuses their powers or neglects their duties in the qualification license of the fire control technical service institution, the licensed fire control institution of the public security organ or the fire control institution of the public security organ at a higher level may revoke the qualification of the fire control technical service institution at the request of the interested party or ex officio.
Fire control institutions of public security organs and their staff shall not set up fire control technical service institutions, participate in the business activities of fire control technical service institutions, designate or designate fire control technical service institutions in disguise, and abuse administrative power to exclude or restrict competition.
Forty-third fire technical service institutions in any of the following circumstances, the fire department of the public security organ that made the license shall cancel its qualification:
(a) apply for cancellation;
(two) to stop practicing for more than one year;
(3) Voluntary dissolution or legal termination;
(four) the qualification certificate expires without renewal;
(five) the qualification is revoked according to law or the qualification certificate is revoked according to law;
(6) Other circumstances stipulated by laws and administrative regulations.
Article 44 The fire control institutions of provincial public security organs shall establish and improve the social fire control technical service information system, publish relevant information of fire control technical service institutions and their registered fire control engineers, publish information on practice, integrity, supervision and management, and provide relevant information inquiry services for the society.
Chapter VI Legal Liability
Article 45 If an applicant conceals relevant information or provides false materials to apply for qualification, the fire department of the public security organ shall not accept it or refuse to grant permission, and give a warning; Applicants are not allowed to apply again within one year.
If the applicant obtains the qualification by cheating, bribery or other improper means, the fire control institution of the original licensing public security organ shall revoke its qualification and impose a fine of more than 20,000 yuan and less than 30,000 yuan; Applicants are not allowed to apply again within three years.
Forty-sixth fire technical service institutions in violation of the provisions, one of the following circumstances, shall be ordered to make corrections, and impose a fine of twenty thousand yuan and thirty thousand yuan:
Engaging in social fire technical service activities without obtaining qualification;
(two) the qualification is cancelled according to law and continues to engage in social fire technical service activities;
(three) to engage in social fire technical service activities in the name of other social fire technical service institutions.
Forty-seventh fire technical service institutions in violation of the provisions, one of the following circumstances, shall be ordered to make corrections, and impose a fine of ten thousand yuan and twenty thousand yuan:
Engaging in social fire technical service activities beyond the scope of qualification;
(two) no longer meet the qualification conditions, shall be ordered to make corrections within a time limit or continue to engage in the corresponding social fire technical service activities during the correction period;
(three) alter, resell, lease, lend or illegally transfer the qualification certificate in other forms;
(four) registered fire engineers practice in more than two social organizations at the same time;
(five) assigning employees without corresponding qualifications to engage in social fire technical service activities;
(six) subcontracting, subcontracting fire technical service projects.
A registered fire engineer who commits the fourth act in the preceding paragraph shall be fined between 5,000 yuan and 10,000 yuan.
Forty-eighth fire technical service institutions in violation of the provisions, one of the following circumstances, shall be ordered to make corrections, a fine of ten thousand yuan:
(1) The technical person in charge and the project person in charge have not been established;
(2) The written conclusion document issued is not signed or sealed;
(three) failing to sign a fire technical service contract with the client according to law and undertaking business;
(four) the registered fire engineer changes or the fire technical service directory and the written conclusion document issued by it are not filed;
(five) did not go through the formalities for change;
(six) did not establish and save the fire technical service files;
(seven) did not publicize the qualification certificate, registered fire engineer qualification certificate and other matters.
Forty-ninth fire technical service institutions issued false documents, shall be ordered to make corrections, and impose a fine of not less than 50 thousand yuan but not more than 100 thousand yuan, and impose a fine of not less than 10 thousand yuan but not more than 50 thousand yuan on the directly responsible person in charge and other directly responsible personnel; Illegal income, confiscate the illegal income; If the circumstances are serious, the fire department of the original licensing public security organ shall order it to stop practicing or revoke the corresponding qualification certificate.
Where a fire technical service institution issues false documents, causing heavy losses, the fire control institution of the original licensing public security organ shall order it to stop practicing or revoke the corresponding qualification certificate.
Fiftieth fire facilities maintenance and testing institutions in violation of the provisions, one of the following circumstances, shall be ordered to make corrections, fined ten thousand yuan to thirty thousand yuan:
(a) failing to detect, repair and maintain the building fire-fighting facilities and fire extinguishers in accordance with national standards and industry standards;
(two) the quality of the fire fighting facilities and fire extinguishers in the buildings repaired and maintained does not meet the national standards and industry standards.
If the fire control facilities maintenance and testing institution fails to publicize the fire control technical service information in the eye-catching position of the building that maintains the fire control facilities or the fire extinguisher in accordance with the regulations, it shall be ordered to make corrections and be fined not more than 5,000 yuan.
Fifty-first fire technical service institutions in violation of the provisions, causing losses to others, shall be liable for compensation according to law; Maintenance of building fire facilities in the event of a fire can not operate normally, can not play its due role, resulting in casualties and losses, shall be given a heavier punishment; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 52 Unless otherwise provided in these Provisions, the administrative penalty set in these Provisions shall be decided by the fire control institution of the public security organ at or above the county level where the illegal act occurred.
Fifty-third fire technical service institutions and their employees who are dissatisfied with the specific administrative acts made by the fire control institutions of public security organs in the supervision and management of fire technical services may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Article 54 If the staff of the fire control institutions of public security organs designate or designate fire control technical service institutions in disguise, take advantage of their positions to accept the property of relevant units or individuals, or commit other acts of abuse of power, dereliction of duty or favoritism, they shall be punished in accordance with relevant regulations; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VII Supplementary Provisions
Article 55 These Provisions shall not apply to the maintenance of building fire control facilities by the construction unit during the warranty period.
Fifty-sixth social organizations that have been engaged in social fire technical service activities before the implementation of these Provisions shall apply for corresponding qualifications in accordance with the conditions and procedures of these Provisions within six months from the date of implementation of these Provisions. Those who fail to apply within the time limit or fail to meet the qualification conditions after application and continue to engage in social fire technical service activities shall be punished in accordance with the provisions of Article 46 of these Provisions and announced to the public.
Article 57 "Day" in these Provisions refers to working days, excluding legal holidays; Both "above" and "below" include this number.
Article 58 The style of documents required for the implementation of these Provisions and the catalogue of instruments, equipment and facilities that fire control technical service institutions should be equipped with shall be formulated by the Ministry of Public Security.
Article 59 These Provisions shall come into force on May 1 day, 2065.