Interim Provisions on the Administration of Fire Protection Design Review and Final Inspection of Construction Projects

(Issued on April 1, 2020, by Order No. 51 of the Ministry of Housing & Urban-Rural Development (MOHURD) of the People’s Republic of China, and amended on August 21, 2023, according to the Decision of the MOHURD on Amending the Interim Provisions on the Administration of Fire Protection Design Review and Final Inspection of Construction Projects by Order No. 58 of the MOHURD of the People’s Republic of China.) 

Chapter I 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 Construction Project Quality Management and other laws and administrative regulations in order to strengthen the management
　　of fire protection design review and acceptance of construction projects and ensure the quality of fire protection design and construction of construction projects. 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 check of other construction projects.
　　The special construction projects referred to in these Provisions refer to the construction projects listed in Article 14 of these Provisions.
　　The other construction projects referred to in these Provisions refer to other construction projects other than special construction projects that require fire protection design in accordance with the national engineering construction fire protection technical standards.
　　Article 3 The competent department of housing and urban-rural development of the State Council shall be responsible for guiding and supervising the fire protection design review and acceptance of construction projects nationwide.
　　The competent department of housing and urban-rural development of local people's governments 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 administrative regions 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 at the next higher level of the fire protection design review and acceptance competent department of the administrative region where the construction project is located.
　　Article 4 The competent department for fire design review and acceptance shall use information technology such as Internet technology to carry out fire design review, fire acceptance, filing and spot checks, establish and improve the credit management system for relevant units and practitioners, and continuously improve the level of government services.
　　Article 5 The funds required for the fire design review and acceptance competent department to implement fire design review, fire acceptance, filing and spot checks shall be implemented in accordance with the provisions of the Administrative Licensing Law of the People's Republic of China and other relevant laws and regulations.
　　Article 6 The competent department for fire design review and acceptance shall promptly inform the fire rescue agency of the fire acceptance, filing and spot checks, and share building floor plans, fire facility layout plans, fire facility system diagrams and other materials with the fire rescue agency.
　　Article 7 Staff engaged in fire design review and acceptance of construction projects, as well as practitioners of construction, design, construction, engineering supervision, technical services and other units, shall have corresponding professional and technical capabilities and participate in vocational training regularly.

Chapter II Responsibilities and Obligations of Relevant Units for Fire Protection Design and Construction Quality

　　Article 8 The construction unit shall bear primary responsibility for the quality of fire protection design and construction of the construction project in accordance with the law. Design, construction, engineering supervision, technical service and other units shall bear the main responsibility for the quality of fire protection design and construction of the construction project in accordance with the law. Employees of construction, design, construction, engineering supervision, technical service and other units shall bear corresponding personal responsibility for the quality of fire protection design and construction of the construction project in accordance with the law.
　　Article 9 Construction units shall perform the following responsibilities and obligations for fire protection design and construction quality:
　　(a) They shall not explicitly or implicitly require design, construction, engineering supervision, technical service and other units and their employees to violate construction project laws and regulations and national engineering construction fire protection technical standards, thereby reducing the quality of construction project fire protection design and construction;
　　(b) They shall apply for construction project fire protection design review and fire protection acceptance in accordance with the law, handle filing and accept spot checks;
　　(c) For construction projects subject to engineering supervision, the quality of fire protection construction shall be entrusted to supervision in accordance with the law;
　　(d) They shall entrust design, construction and engineering supervision units with corresponding qualifications;
　　(e) In accordance with the project fire protection design requirements and contractual agreements, qualified fire protection products and building materials, building components and equipment that meet the fire protection performance requirements shall be selected;
　　(f) When organizing relevant units to conduct completion acceptance of the construction project, they shall check whether the construction project meets the fire protection requirements;
　　(g) They shall transfer the relevant files on construction project fire protection to the archives management agency in a timely manner in accordance with the law.
　　Article 10 Design units shall perform the following responsibilities and obligations for fire protection design and construction quality:
　　(1) Design in accordance with construction project laws and regulations and national engineering construction fire protection technical standards, prepare fire protection design documents that meet the requirements, and shall not violate the mandatory provisions of national engineering construction fire protection technical standards;
　　(2) Fire protection products and building materials, building components and equipment with fire protection performance requirements selected in the design documents shall indicate technical indicators such as specifications and performance and comply with national standards;
　　(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 Construction units shall perform the following responsibilities and obligations for fire protection design and construction quality:
　　(a) Organize construction in accordance with the laws and regulations on construction projects, national fire protection technical standards for engineering construction, and fire protection design documents that have passed the fire protection design review or meet the needs of the project. They shall not arbitrarily change the fire protection design for construction, thereby reducing the quality of fire protection construction;
　　(b) Inspect the quality of fire protection products and building materials, building components and equipment with fire protection performance requirements in accordance with fire protection design requirements, construction technical standards and contractual agreements, use qualified products, and ensure the quality of fire protection construction;
　　(c) Participate in the completion acceptance of the construction project organized by the construction unit, sign and confirm the quality of the fire protection construction of the construction project, and be responsible for the quality of the fire protection construction of the construction project.
　　Article 12 The project supervision unit shall perform the following responsibilities and obligations for fire protection design and construction quality:
　　(a) Implement project supervision in accordance with the laws and regulations on construction projects, the national fire protection technical standards for engineering construction, and the fire protection design documents that have passed the fire protection design review or meet the needs of the project;
　　(b) Before the use or installation of fire protection products and building materials, building components and equipment with fire protection performance requirements, verify the product quality certification documents, and shall not agree to use or install unqualified fire protection products and building materials, building components and equipment that do not meet the fire protection performance requirements;
　　(c) Participate in the completion acceptance of the construction project organized by the construction unit, sign and confirm the quality of the fire protection construction of the construction project, and assume the supervision responsibility for the quality of the fire protection construction of the construction project.
　　Article 13 Technical service organizations that provide services such as technical review of fire protection design drawings for construction projects, inspection of fire protection facilities, or on-site assessment of fire protection acceptance for construction projects shall provide services in accordance with the laws and regulations on construction projects, the national fire protection technical standards for engineering construction, and relevant national regulations, and shall be responsible for the opinions or reports issued.

Chapter III Fire Protection Design Review for Special Construction Projects

　　Article 14 Construction projects with any of the following circumstances are special construction projects:
　　(1) Sports stadiums and auditoriums with a total construction area of ​​more than 20,000 square meters, and exhibition halls of public exhibition halls and museums;
　　(2) Civil airport terminals, passenger station waiting rooms, and passenger terminal waiting rooms with a total construction area of ​​more than 15,000 square meters;
　　(3) Hotels, restaurants, shopping malls, and markets with a total construction area of ​​more than 10,000 square meters;
　　(4) Cinemas and theaters with a total construction area of ​​more than 2,500 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;
　　(5) Children's rooms in nurseries and kindergartens with a total construction area of ​​more than 1,000 square meters, children's playrooms and other indoor children's activity venues, nursing homes, welfare homes, ward buildings of hospitals and sanatoriums, teaching buildings, libraries, and canteens of primary and secondary schools, collective dormitories of schools, and collective dormitories for employees of labor-intensive enterprises;
　　(VI) Dance halls, video halls, projection halls, karaoke halls, nightclubs, amusement halls, saunas, Internet cafes, bars, restaurants, teahouses, and coffee shops with entertainment functions with a total construction area of ​​more than 500 square meters;
　　(VII) Class I high-rise residential buildings specified in the national engineering construction fire protection technical standards;
　　(VIII) Urban rail transit, tunnel projects, large-scale power generation, power transformation and distribution projects;
　　(IX) Factories, warehouses and special stations and docks 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;
　　(X) Office buildings of state organs, power dispatching buildings, telecommunications buildings, postal buildings, disaster prevention command and dispatching buildings, radio and television buildings, and archives buildings;
　　(XI) Construction projects with the conditions listed in Items 1 to 6 of this Article;
　　(XII) Public buildings with a single building area of ​​more than 40,000 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 A fire protection design review system shall be implemented for special construction projects.
　　The construction unit of a special construction project shall apply to the fire design review and acceptance department for fire design review, and the fire design review and acceptance department shall be responsible for the results of the review in accordance with the law.
　　If a special construction project has not been reviewed for fire design or has failed the review, the construction unit and the construction unit shall not carry out construction.
　　Article 16 When a construction unit applies for fire design review, it shall submit the following materials:
　　(a) Fire design review application form;
　　(b) Fire design documents;
　　(c) If a construction project planning permit is required according to law, the construction project planning permit document shall be submitted;
　　(d) Temporary buildings that require approval according to law shall submit approval documents.
　　Article 17 If a special construction project has any of the following circumstances, the construction unit shall submit special fire design technical information at the same time in addition to the materials listed in Article 16 of these Regulations:
　　(a) Not specified in the national engineering construction fire technical standards;
　　(b) The new technologies, new processes, and new materials to be adopted in the fire design documents do not comply with the provisions of the national engineering construction fire technical standards;
　　(c) Due to the need to protect and utilize historical buildings and historical and cultural blocks, it is indeed impossible to meet the requirements of the national engineering construction fire technical standards.
The special fire protection design technical information referred to in the preceding paragraph shall include special fire protection design documents, as well as two or more relevant application examples, product descriptions and other information.
　　If the special fire protection design involves the adoption of international standards or overseas engineering construction fire protection technical standards, the corresponding Chinese text shall also be provided.
　　Article 18 Special fire protection design documents shall include the necessity demonstration of special fire protection design, special fire protection design scheme, fire numerical simulation analysis and other contents. Major projects and projects with high fire hazard levels shall include physical test verification contents.
　　The special fire protection design scheme shall compare two or more schemes and be formed after comprehensive analysis from the aspects of safety, economy and feasibility.
　　The fire numerical simulation analysis shall scientifically set the fire scene and simulation parameters, and the physical test shall be consistent with the actual scene. The conclusions of the fire numerical simulation analysis and the physical test shall be consistent.
　　Article 19 After the fire protection design review and acceptance department receives the fire protection design review application submitted by the construction unit, it shall issue an acceptance certificate 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.
　　Article 20 For construction projects with any of the circumstances specified in Article 17 of these Regulations, the fire protection design review and acceptance department shall submit the application materials to the housing and urban-rural development department of the provincial, autonomous regional and municipal people's government for expert review within five working days from the date of accepting the application for fire protection design review.
　　Article 21 The housing and urban-rural development department of the provincial, autonomous regional and municipal people's government shall establish an expert database composed of personnel with senior technical titles in engineering fire protection, construction and other specialties, and formulate an expert database management system.
　　Article 22 The housing and urban-rural development department of the provincial, autonomous regional and municipal people's government shall organize an expert review meeting within ten working days from the date of receipt of the application materials to review the special fire protection design technical information submitted by the construction unit. Review
　　experts shall be randomly selected from the expert database. For projects with complex technology, strong professionalism or special requirements of the state, academicians of the Chinese Academy of Sciences, academicians of the Chinese Academy of Engineering, national engineering survey and design masters and experts with corresponding qualifications from abroad may be directly invited to participate in the review; experts with a vested interest in the special construction engineering design unit shall not participate in the review.
　　Review experts shall meet the relevant professional requirements, the total number shall not be less than seven, and they shall independently issue review opinions of agreement or disagreement. Special fire protection design technical data shall be considered as approved if more than three quarters of the review experts agree. If the review experts have different opinions, it shall be noted. The housing and urban-rural development department of the people's government of the province, autonomous region or municipality directly under the central government shall notify the fire protection design review and acceptance department that submitted the review in writing of the expert review opinions.
　　Article 23 The fire protection design review and acceptance department shall issue a written review opinion within 15 working days from the date of accepting the fire protection design review application. If it is necessary to organize an expert review in accordance with these regulations, the expert review time shall not exceed 20 working days.
　　Article 24 The fire protection design review and acceptance department shall issue a fire protection design review qualified opinion for those who meet the following conditions:
　　(1) The application materials are complete and meet the statutory form;
　　(2) The design unit has the corresponding qualifications;
　　(3) The fire protection design documents meet the national engineering construction fire protection technical standards (for special construction projects with one of the circumstances in Article 17 of these regulations, the special fire protection design technical data shall pass the expert review).
　　For those who do not meet the conditions specified in the preceding paragraph, the fire protection design review and acceptance department shall issue a fire protection design review unqualified opinion and explain the reasons.
　　Article 25 If a joint review of construction drawing design documents is implemented, the technical review of the construction project fire protection design shall be incorporated into the joint review.
　　Article 26 Construction, design and construction units shall not modify fire protection design documents that have passed the review without authorization. If modification is necessary, the construction unit shall re-apply for fire protection design review in accordance with these regulations.

Chapter 4 Fire Protection Acceptance for Special Construction Projects

　　Article 27 A fire inspection system shall be implemented for special construction projects.
　　After the completion acceptance of a special construction project, the construction unit shall apply to the fire design review and acceptance department for fire inspection; if the project has not been inspected or failed the fire inspection, it shall not be put into use.
　　Article 28 When the construction unit organizes the completion acceptance, it shall check whether the construction project meets the following requirements:
　　(a) The fire design of the project and the various fire protection contents agreed in the contract are completed;
　　(b) There are complete project fire protection technical archives and construction management materials (including on-site test reports of building materials, building components and equipment related to fire protection);
　　(c) The construction unit has accepted the various sub-projects of the project related to fire protection; the construction, design, engineering supervision, technical service and other units confirm that the fire protection quality of the project meets the relevant standards;
　　(d) The performance of fire protection facilities, system function joint debugging and testing and other contents are tested and qualified.
　　The construction unit shall not prepare a project completion acceptance report for a construction project that does not meet the provisions of the preceding paragraph after inspection.
　　Article 29 When applying for fire protection acceptance, the construction unit shall submit the following materials:
　　(a) Fire protection acceptance application form;
　　(b) Project completion acceptance report;
　　(c) Construction project completion drawings related to fire protection.
　　After receiving the fire acceptance application submitted by the construction unit, the fire design review and acceptance department shall issue an acceptance certificate 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.
　　Article 30 After the fire design review and acceptance department accepts the fire acceptance application, it shall conduct on-site assessment of special construction projects in accordance with relevant national regulations. On-site assessment includes on-site sampling inspection of the appearance of the building's fire prevention (extinguishing) facilities; on-site sampling measurement of measurable indicators such as distance, height, width, length, area, thickness, etc. through professional instruments and equipment; sampling test of the functions of fire protection facilities, joint debugging and joint testing of the system functions of fire protection facilities, etc.
　　Article 31 The fire design review and acceptance department shall issue a fire acceptance opinion within 15 days from the date of accepting the fire acceptance application. A fire acceptance opinion shall be issued if the following conditions are met:
　　(a) The application materials are complete and meet the statutory form;
　　(b) The content of the project completion acceptance report is complete;
　　(c) The completion drawings of the construction project involving fire protection are consistent with the fire design documents that have been reviewed and qualified;
　　(d) The on-site assessment conclusion is qualified.
　　For those that do not meet the conditions specified in the preceding paragraph, the fire protection design review and acceptance department shall issue a fire protection acceptance failure opinion and explain the reasons.
　　Article 32 For construction projects that implement joint acceptance of planning, land, fire protection, civil air defense, archives and other matters, the fire protection acceptance opinion shall be issued uniformly by the department designated by the local people's government.

Chapter 5 Fire protection design, filing and spot check of other construction projects

　　Article 33 When applying for a construction permit or approval of a construction report for other construction projects, the construction unit shall provide fire protection design drawings and technical data that meet the construction needs. If the
　　fire protection design drawings and technical data that meet the construction needs are not provided, the relevant departments shall not issue a construction permit or approve the construction report.
　　Article 34 A filing spot check system shall be implemented for other construction projects, and classified management shall be implemented.
　　Other construction projects that fail to meet the requirements of the spot check in accordance with the law shall be stopped from being used.
　　Article 35 The housing and urban-rural development authorities of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall formulate a list of classified management catalogs for other construction projects.
　　Other construction projects shall be divided into two categories, namely general projects and key projects, based on factors such as the environment of the area where the building is located, the use function of the building, the scale and height of the building, the fire resistance level of the building, the evacuation capacity, and the configuration level of fire protection facilities and equipment.
　　Article 36 Within five working days from the date of the completion and acceptance of other construction projects, the construction unit shall report to the fire protection design review and acceptance authority for filing. When
　　filing, the construction unit shall submit the following materials:
　　(a) Fire protection acceptance filing form;
　　(b) Project completion acceptance report;
　　(c) Construction project completion drawings involving fire protection.
　　Article 27 of these Regulations on the fire inspection for completion acceptance by construction units shall apply to other construction projects.
　　Article 37 After receiving the filing materials from the construction unit, the fire design review and acceptance department shall issue a filing certificate if the filing materials are complete; if the filing materials are incomplete, it shall inform all the contents that need to be supplemented at one time.
　　General projects can apply for filing in the form of notification and commitment system, and the fire design review and acceptance department shall issue a filing certificate based on the commitment letter.
　　Article 38 The fire design review and acceptance department shall conduct random inspections on other construction projects on record and strengthen the random inspections on key projects.
　　The random inspection work shall implement the "double random, one public" system, randomly select inspection objects and randomly select inspection personnel. The sampling ratio shall be determined by the housing and urban-rural development department of the people's government of the province, autonomous region, or municipality directly under the central government in combination with the fire design and construction quality in the jurisdiction, and shall be announced to the public.
　　Article 39 The fire design review and acceptance department shall complete the inspection and make inspection records in accordance with the relevant provisions on fire acceptance of construction projects within 15 working days from the date when other construction projects are determined as inspection objects. The inspection results shall be notified to the construction unit and announced to the public.
　　Article 40 After receiving the notice of rectification of unqualified inspection, the construction unit shall stop using the construction project and organize rectification. After the rectification is completed, it shall apply to the fire protection design review and acceptance department for re-inspection. The fire
　　protection design review and acceptance department shall conduct a re-inspection within seven working days from the date of receipt of the written application and issue a re-inspection opinion. The construction project can only be used after the re-inspection is qualified.

Chapter VI Supplementary Provisions

　　Article 41 Any violation of these Regulations 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", "Construction Project Quality Management Regulations" and other laws and regulations; if a crime is constituted, criminal liability shall be investigated in accordance
　　with the law. Construction, design, construction, engineering supervision, technical service and other units and their employees who violate relevant laws and regulations on construction projects and national engineering construction fire protection technical standards shall, in addition to being punished or investigated for criminal liability in accordance with the law, also bear corresponding civil liability in accordance with the law.
　　Article 42 The rules for review and acceptance of construction project fire protection design and the document forms required for the implementation of these Regulations shall be formulated by the housing and urban-rural development department of the State Council.
　　Article 43 Before the implementation of the newly promulgated national engineering construction fire protection technical standards, if the fire protection design of the construction project has been reviewed and qualified in accordance with the law, it shall be implemented in accordance with the standards of the original review opinions.
　　Article 44 These Regulations do not apply to the construction activities of residential interior decoration, villagers' self-built houses, disaster relief and temporary buildings in non-crowded places.
　　Article 45 The housing and urban-rural development departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may formulate implementation details in accordance with relevant laws and regulations and these Regulations in combination with local actual conditions.
　　Article 46 These Regulations shall come into force on June 1, 2020.

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