No. 51

Decision of Shanghai Municipal People’s Government on Strengthening This Municipality’s Supervision and Law Enforcement of Fire Protection was adopted at the 129th Routine Meeting of the Municipal People’s Government on June 23, 2021, and is hereby promulgated. It shall be effective as of September 1, 2021.

Mayor: Gong Zheng

July 2, 2021

Decision of Shanghai Municipal People’s Government on Strengthening This Municipality’s Supervision and Law Enforcement of Fire Protection

(Promulgated by Decree No. 51 of Shanghai Municipal People’s Government on July 2, 2021)

With a view to strengthening fire safety management, raising the efficiency of administrative law enforcement, protecting personal and property safety and maintaining public safety, the following Decisions are made according to the Fire Protection Law of the People's Republic of China, the Administrative Penalty Law of the People's Republic of China, the Regulations of Shanghai Municipality on Fire Fighting and Prevention and other relevant laws and rules, to strengthen this Municipality’s fire-protection supervision and law enforcement.

I. The fire-protection supervision and law enforcement shall, by adhering to the principles of performance of duties in accordance with the law, individual responsibility based on the division of work, and synergy and efficiency, improve the fire-protection supervision and law enforcement system, and raise the quality and efficiency of fire-protection supervision and law enforcement.

II. The fire rescue agency shall, in accordance with the law, supervise and inspect government organs, people’s organizations, enterprises, public institutions and other units on their obedience to fire-protection laws, rules and regulations.

The local police sub-station shall, in accordance with the law, carry out routine fire-protection supervision and inspection on the fire safety management of the residential properties and the performance of the fire safety duty of the urban residents’ committees and the rural villagers’ committees within its jurisdiction, as well as on the units specified by the higher-level public security organ.

Where there are other provisions on fire-protection supervision and inspection duties in laws, rules or regulations, such provisions shall prevail.

III. The fire rescue agency, public security organ, and the housing and urban-rural construction administrative department shall, in accordance with the law, exercise administrative punishment power provided by the fire-prevention laws, rules and regulations of the State and this Municipality. The following administrative punishment powers previously exercised by the fire rescue agency shall be transferred to the public security organ according to law:

1. the punishments of warnings and fines provided under Articles 63 and 64 of the Fire Protection Law of the People's Republic of China; and

2. administrative penalties related to the fire safety of the residential properties, except for administrative penalties involving the supporting commercial housing of the residential properties.

The administrative punishment list that is transferred to the public security organs according to law as provided in the preceding paragraph shall be formulated by the municipal public security organ jointly with the municipal emergency management bureau and the municipal fire rescue agency, and shall be published.

IV. The fire rescue agency, the public security organ, and the housing and urban-rural construction administrative department shall establish and improve the coordination and cooperation mechanism of fire-protection supervision and law enforcement. Where one of these departments, during its supervision and inspection, finds clues about a fire safety violation that does not fall within the scope of its responsibility, it shall promptly notify or transfer the case to the department with the power to handle it according to law.

Where a police sub-station finds, in its routine fire-protection supervision and inspection, a fire safety violation that shall be subject to administrative penalty by the fire rescue agency, it may, in accordance with the law, carry out investigation, evidence collection and other work and assist the fire rescue agency in investigating and dealing with the violation.

V. The fire rescue agency, the public security organ and the housing and urban-rural development administrative department shall establish an information sharing mechanism for fire-protection supervision and law enforcement to share such information as fire-protection design review, fire-protection acceptance check or record-filing, and fire-protection supervision and law enforcement according to the actual needs.

VI. The fire rescue agency is responsible for investigating the cause of the fire and collecting fire damage statistics. The local police sub-station is responsible for protecting the scene of the fire, assisting the fire rescue agency to maintain the order on the fire scene, and investigate the fire accident, and keeping the suspected perpetrators under control according to law.

VII. The fire rescue agency and the housing and urban-rural construction administrative department shall, in accordance with the actual needs, provide the police substation with professional and technical training and guidance including fire-protection safety management and technical standards.

The fire rescue agency and the housing and urban-rural construction administrative department shall provide support and assistance when the public security organ is investigating matters involving professional technical judgment in its investigation and punishment of fire safety violations.

VII. This Decision shall be effective as of September 1, 2021.