Outline of the PPT on the “Fire Protection Law of the People’s Republic of China (2021)” and Related Standards
1. PPT Cover
– Title: “Fire Protection Law of the People’s Republic of China (2021)” and Key Points and Practical Applications of Supporting Standards
– Subtitle: Focus on Fire Safety Management in Construction Projects and Electric Bicycle Parking Garages
– Presenter/Organization
– Presentation Date
2. Table of Contents
1. Interpretation of Core Provisions of the Fire Protection Law (2021)
2. Fire Safety Management Standards for Special Construction Projects
3. Fire Safety Standards for Electric Bicycle Parking Garages
4. Fire Safety Requirements for Public Gathering Places
5. Violations and Legal Remedies
6. Summary and Key Reminders
3. Interpretation of Core Provisions of the Fire Protection Law (2021)
(1) Fire Design Review and Acceptance System for Construction Projects
– According to Article 10 of the Fire Protection Law, construction projects that require fire design according to national fire technical standards must implement a fire design review and acceptance system.
– Special construction projects (as defined by the Ministry of Housing and Urban-Rural Development): The construction unit must submit for review to the housing and urban-rural development department (Article 11), and construction is prohibited if the review is not passed (Article 12).
– After completion: Projects requiring fire acceptance must not be put into use if they fail the acceptance (Article 13); specific methods are to be determined by the Ministry of Housing and Urban-Rural Development (Article 14).
(2) Fire Safety Management for Public Gathering Places
– According to Article 15 of the Fire Protection Law, a notification and commitment management system is implemented, and a fire safety inspection must be applied for to the fire rescue agency at or above the county level before use or operation.
– Non-notification and commitment method: The fire rescue agency must conduct an inspection within 10 working days after acceptance, and permission is granted only if requirements are met.
– Prohibition: No use or operation is allowed without permission from the fire rescue agency.
(3) Safety Requirements for Flammable and Explosive Places
– According to Article 19 of the Fire Protection Law, places that produce, store, or operate flammable and explosive hazardous materials must not be in the same building as residential places and must maintain a safe distance.
– Places that produce, store, or operate other items in the same building as residential places must comply with national fire technical standards.
4. Fire Safety Management Standards for Special Construction Projects
(1) Ministry of Housing and Urban-Rural Development Order No. 58 (2023 “Interim Regulations on Fire Design Review and Acceptance Management for Construction Projects”)
– Scope of application: Fire design review and acceptance for special construction projects; fire acceptance filing and spot checks for other construction projects.
– Definition of special construction projects: Clearly defined as projects listed in Article 14, focusing on high-rise residential buildings as specified by national fire technical standards, factories, warehouses, and dedicated stations and docks for the production, storage, and unloading of flammable and explosive hazardous materials.
(2) Regulations on Modifications to Fire Design for Special Construction Projects
– According to Article 26 of Ministry of Housing and Urban-Rural Development Order No. 58, construction, design, and construction units must not arbitrarily modify fire design documents that have passed review.
– If modifications are necessary, the construction unit must reapply for fire design review.
(3) Local Implementation Rules
– Sichuan Province: “Implementation Rules for Fire Design Review and Acceptance Work for Construction Projects in Sichuan Province (2025)” clearly states that electric bicycle parking garages are special construction projects (corresponding to Article 9 on flammable and explosive related places); projects that change the nature of building use, fire hazard level, etc., do not belong to “general projects” and are classified as special construction projects.
5. Fire Safety Standards for Electric Bicycle Parking Garages
(1) Attributes and Fire Resistance Ratings of Electric Bicycle Parking Garages
1. Attribute Definition:
– According to GB 50016-2018 “Code for Fire Protection Design of Buildings” Article 3.1.1, electric bicycle parking garages are classified as Class C warehouses.
– Sichuan Province regulations: Electric bicycle parking garages serve all community owners, operate for a fee, are open to the public, and have commercial operating characteristics, meeting the definition of public gathering places.
2. Fire Resistance Rating Requirements:
– Class A high-rise residential underground garages (electric bicycle parking garages): According to GB 50016-2018 Article 5.1.1, they must meet Class A fire resistance standards, with wall and column components having a fire resistance limit of 3 hours.
– Underground and semi-underground buildings (rooms): According to the “General Code for Fire Protection of Buildings” (GB 55037-2022) Article 5.1.2, the fire resistance rating should be Class A.
– Class C warehouse (electric bicycle parking garage) fire walls and columns: According to GB 55037-2022 Article 6.1.3, the fire resistance limit should not be less than 4.00 hours.
(2) Construction and Facility Requirements for Electric Bicycle Parking Garages
1. Construction Permits:
– According to Ministry of Housing and Urban-Rural Development Order No. 52 (2021 “Administrative Measures for Construction Project Permits”), projects with an investment amount exceeding 300,000 or a building area exceeding 300 square meters must obtain a construction permit, and project splitting to evade permits is not allowed.
– The Ministry of Housing and Urban-Rural Development and Chengdu Housing and Urban-Rural Development Bureau responded: The construction of electric bicycle parking areas must comply with Article 11 of the Fire Protection Law and Ministry of Housing and Urban-Rural Development Order No. 58, and accept fire design review and acceptance from the district housing and urban-rural development bureau.
2. Charging Facility Standards:
– According to “Technical Requirements for Centralized Charging Facilities for Electric Bicycles Part 1: Technical Requirements” (GB/T 42236.1-2022), the short-circuit protection response time must be ≤150 microseconds.
– Must comply with GB 50058-2014 “Design Specifications for Electrical Installations in Explosive and Fire Hazardous Environments”, GB17761-2018/2024 “Safety Technical Specifications for Electric Bicycles”.
(3) Local Special Guidelines
– “Fire Technical Guidelines for Electric Bicycle Parking Places in Residential Communities in Sichuan Province (2024)”: Specifies specific fire technical requirements for electric bicycle parking places in residential communities within Sichuan Province.
6. Fire Safety Requirements for Public Gathering Places
(1) Core Management Standards
– According to “Fire Safety Requirements for Public Gathering Places” (Emergency [2021] No. 34), must comply with Annex 1 “Key Points of Fire Technical Standards for Public Gathering Places” and Annex 2 “Key Points of Fire Safety Management for Public Gathering Places”.
(2) Inspection Rules
– According to GB 46034-2025 “Fire Safety Inspection Rules for Public Gathering Places Before Use and Operation”, includes 74 key items, and if one item fails, it cannot be put into use.
– Key failure situations: Fire compartment and fire separation do not meet standards, cable wells and pipe wells are not sealed with fireproof materials; fire walls, fire curtains, and other fire separation facilities are dismantled, damaged, or unable to function; there are significant fire hazards or violations of mandatory provisions of fire technical standards; violations of fire laws and regulations that may seriously threaten public safety.
7. Violations and Legal Remedies
(1) Common Violations
1. Construction Project Violations: Special construction projects constructed or put into use without passing fire design review/acceptance; splitting project to evade construction permits; failing to entrust qualified units for fire design, lacking design drawings, and not synchronously constructing fire facilities.
2. Facility Violations: Electric bicycle charging facilities do not meet national standards (e.g., short-circuit protection not up to standard).
3. Public Gathering Place Violations: Use or operation without permission from the fire rescue agency.
4. Penalty Time Limits: According to Article 36 of the Administrative Penalty Law, if a violation is not discovered within 2 years, no penalty is imposed; for violations involving life, health, or financial safety with harmful consequences, the time limit is extended to 5 years, and for continuous or ongoing violations, the time limit is calculated from the end of the behavior.
(2) Legal Remedies
– Administrative Review: For inaction by fire rescue agencies (e.g., refusing to perform fire administrative licensing duties based on “garage attributes”), a review can be initiated based on Article 6, Clause 9 of the Administrative Review Law, citing “inaction on administrative licensing”.
– Administrative Litigation: According to Article 12, Clause 3 of the Administrative Litigation Law, lawsuits can be filed against fire rescue agencies for failing to perform statutory duties.
8. Summary and Key Reminders
1. Construction projects must strictly follow the Fire Protection Law and Ministry of Housing and Urban-Rural Development Order No. 58; special construction projects must complete fire design review and acceptance.
2. Electric bicycle parking garages must clarify their attributes (Class C warehouse, special construction project, public gathering place), strictly implement fire resistance ratings, facility standards, and local guidelines.
3. Public gathering places must implement notification and commitment management, ensure passing fire safety inspections, and meet all key item requirements of GB 46034-2025.
4. If violations or administrative inaction are discovered, legal rights can be maintained through administrative review and administrative litigation, paying attention to the time limits for administrative penalties.
5. Local regulations (such as relevant guidelines and implementation rules in Sichuan Province) must be executed in conjunction with national regulations to ensure compliance with local requirements.
9. End Page
– Acknowledgment: Thank you for listening!
– Contact Information (if needed): Phone, email, etc.