Provisions of Shanghai Municipality on the Administration of Social Fire Fighting and Prevention Organizations
(Promulgated by Decree No. 2 of Shanghai Municipal People’s Government on
February 20, 2023 and to be effective as of May 1, 2023)
Chapter I General Provisions
Article 1 (Purposes and Basis)
With a view to strengthening the construction and administration of the social fire fighting and prevention organizations in this Municipality, raising the ability of fire prevention, fire fighting and emergency response and rescue, protecting personal and property safety, and maintaining public security, these Provisions are formulated according to the Fire Fighting and Prevention Law of the People’s Republic of China, the Regulations of Shanghai Municipality on Fire Fighting and Prevention and other relevant laws, rules and regulations, and in the light of the actual circumstances of this Municipality.
Article 2 (Definitions)
The term “social fire fighting and prevention organizations” as mentioned in these Provisions refers to the fire fighting and prevention organizations that undertake fire prevention, fire fighting and emergency response and rescue including the grass-roots fire safety organizations, professional firefighting teams and voluntary firefighting teams other than the national integrated fire and rescue brigades.
The grass-roots fire safety organizations refer to the fire fighting and prevention teams established by town/township people’s governments and sub-district offices to undertake the responsibilities of fire safety administration within their respective jurisdictions.
The professional firefighting team includes the government professional firefighting team and the unit professional firefighting team. The government professional firefighting team refers to the firefighting organization established by the people’s governments at all levels, which professionally undertakes the fire fighting and emergency response and rescue work. The unit professional firefighting team refers to the firefighting organization established by enterprises and public institutions, which professionally undertakes the fire fighting and emergency response and rescue work of the unit.
The voluntary firefighting team includes the mini-fire stations and other volunteer fire fighting organizations. The mini-fire station refers to a firefighting organization established by government organs, social groups, enterprises, public institutions and neighborhood (villagers’) committees to undertake mass self-prevention and self-rescue work such as fire prevention and initial fire fighting. Other voluntary fire fighting organizations refer to the organizations that provide voluntary fire fighting and prevention services for the society and others free of charge.
Article 3 (Application Scope)
These Provisions shall apply to the organization and construction, training and duty execution, administration and supply guarantee of social fire fighting and prevention organizations within the administrative area of this Municipality.
Article 4 (Basic Principles)
The construction and administration of social fire fighting and prevention organizations in this Municipality shall follow the principles of government leading, social participation, joint execution and joint prevention, and self-prevention and self-rescue.
Article 5 (Planning and Construction)
The municipal and district people’s governments shall incorporate the construction of social fire fighting and prevention organizations into the special planning of fire fighting and prevention work, clarify the construction objectives and tasks, and strengthen the construction of personnel team, infrastructure and fire fighting equipment of social fire fighting and prevention organizations.
Article 6 (Responsibilities of Departments)
The municipal and district fire fighting and rescue organs shall guide and supervise the construction and administration of social fire fighting and prevention organizations within their respective administrative areas.
The development & reform, finance, emergency management, planning and resources, housing and urban-rural development, housing administration, human resources and social security, public security, transportation, civil affairs and other departments shall, according to their own respective functions and duties, do a good job in the construction and administration of social fire fighting and prevention organizations.
Article 7 (Funding Guarantee)
The funds required by grass-roots fire safety organizations and government professional firefighting teams shall be included in the financial budget at the same level, and the financial department shall make overall arrangements in light of specific circumstances.
The funds required by the unit professional firefighting team and the voluntary firefighting team shall be guaranteed by the establisher unit.
Units and individuals shall be encouraged to donate to the construction of social fire fighting and prevention organizations.
Chapter II Organizational Construction
Article 8 (Requirements for Construction of Grass-roots Fire Safety Organizations)
The town/township people’s governments and sub-district offices shall, according to the relevant provisions of the State and this Municipality, establish grass-roots fire safety organizations, clarify the working organs and specialized personnel to undertake the specific function and duty of fire safety administration, and provide them with offices and equipment required for fire safety inspection and publicity.
Article 9 (Functions and Duties of Grass-roots Fire Safety Organizations)
The grass-roots fire safety organizations shall carry out the following work under the leadership of town/township people’s governments and sub-district offices, and the professional guidance of district fire fighting and rescue organs:
1. implementing the responsibility system for firefighting and safety, formulating the annual fire fighting and prevention plan, regularly analyzing and judging the firefighting and safety situation, and deploying and promoting the special treatment of firefighting and safety;
2. guiding the professional firefighting team of the town/township people’s government to carry out firefighting and safety work;
3. guiding the neighborhood (villagers’) committees to carry out mass fire fighting and prevention work;
4. organizing and carrying out fire prevention and safety inspection and patrol, incorporating it into the grid management, and urging the rectification of fire hazards;
5. organizing fire fighting and prevention publicity and education, and fire drills;
6. assisting in the fire scene protection and its aftercare; and
7. other work stipulated by the State and this Municipality.
Article 10 (Establishment of Government Professional Firefighting Team)
The municipal and district people’s governments shall, according to the relevant provisions of the State and the fire fighting and prevention planning, establish government professional firefighting teams.
The town/township people’s governments shall, according to the needs of economic and social development and fire fighting and prevention work, establish government professional firefighting teams. In any of the following circumstances, the town/township shall establish a government professional firefighting team:
1. The built-up area is more than five square kilometers or the resident population is more than 50,000, and the national integrated fire and rescue brigade or the professional firefighting team of the municipal or district people’s government is farther away from the edge of the jurisdiction;
2. The production and business units of inflammable and explosive dangerous goods and labor-intensive enterprises are concentrated; or
3. Belonging to national key towns or famous historical and cultural towns.
Article 11 (Establishment of Unit Professional Firefighting Team)
The following units shall establish a unit professional firefighting team:
1. large thermal power plants, civil airports, ports, specialized docks for loading and unloading inflammable and explosive dangerous goods, large shipyards, and comprehensive maintenance bases for urban rail transit;
2. large enterprises that produce and store inflammable and explosive dangerous goods;
3. large warehouses and bases for storing combustible important materials; and
4. other large-scale enterprises, such as logistics enterprises (covering an area of over 200,000 square meters), production enterprises (covering an area of over 500,000 square meters), urban complexes and exhibition buildings (with a floor area of over 500,000 square meters), which have greater fire risk and are more than five kilometers away from the nearest national integrated fire and rescue brigade or professional firefighting team of the municipal or district people’s government.
The specific scope of the units specified in the preceding Paragraph shall be determined by the municipal fire fighting and rescue organ and announced to the society.
Article 12 (Requirements for the Construction of Professional Firefighting Team)
The establisher unit of professional firefighting team shall report the layout and site selection of the team station and the preparation plans for new construction, renovation, expansion and relocation to the municipal fire fighting and rescue organ, and the implementation shall be started upon the latter’s technical guidance.
The establisher unit of professional firefighting team shall, according to the construction standards of the State and this Municipality on professional firefighting teams, build fire fighting and prevention business premises, and provide it with personnel, fire-fighting vehicles, equipment, etc..
Before the professional firefighting team is put into duty, the establisher unit shall report to the municipal fire fighting and rescue organ for an acceptance check of the business premises, vehicle equipment, staffing and duty management system.
Article 13 (Alteration and Cancellation of Professional Firefighting Team)
The alteration of the business premises, fire-fighting vehicles and staffing of professional firefighting teams, and the appointment and dismissal of professional firefighting team captains, shall be reported to the municipal fire fighting and rescue organ for the record.
Without the consent of the municipal fire fighting and rescue organ, the professional firefighting team can not be dismissed.
Article 14 (Functions and Duties of Professional Firefighting Team)
The professional firefighting teams shall undertake the following functions and duties:
1. being familiar with the basic situation of fire safety in their own duty area, such as roads, water sources, key parts and fixed fire fighting and prevention facilities, and undertaking fire fighting and emergency response and rescue work;
2. formulating and perfecting the fire fighting and rescue plan in the duty area, and organizing regular business training and fire fighting drills;
3. accepting the deployment of fire fighting and rescue organs to carry out fire fighting and emergency response and rescue;
4. carrying out the fire prevention inspection, fire fighting and prevention publicity and education and business training; and
5. other work stipulated by the State and this Municipality.
Article 15 (Administration of Professional Firefighting Team)
The specific administration of the government professional firefighting teams established by the municipal and district people’s governments shall be exercised by the fire fighting and rescue organs at the same level.
The professional firefighting team of the town/township people’s government and the unit professional firefighting team shall be administered by the establisher unit.
Article 16 (Establishment of Unit Mini-Fire Station)
Other key fire safety units outside the scope of units listed in Article 11 of these Provisions shall set up a unit mini-fire station.
Other units shall be encouraged to set up a unit mini-fire station according to the needs of fire fighting and prevention work.
Article 17 (Establishment of Community Mini-Fire Station)
The town/township people’s governments and sub-district offices shall promote the establishment of community mini-fire stations in administrative villages and residential communities, and guarantee the funds for fire fighting and prevention work.
The administrative villages with similar locations, a small scale and a permanent population of less than 1,000 people, or several residential communities sharing a fire control room, may jointly establish a community mini-fire station.
Article 18 (Requirements for Establishment of Mini-Fire Station)
The establishment of a mini-fire station shall, according to the relevant provisions of the State and this Municipality, ensure the business premises, and provide it with staff, special vehicles and equipment.
If the owners in a residential community entrust the property service enterprises to implement property management, they may rely on the property service enterprises to implement the construction and management of the community mini-fire station.
Article 19 (Record of Mini-Fire Stations)
The establishment or revocation of mini-fire stations, as well as the appointment and dismissal of the stationmaster of mini-fire stations, shall be reported to the local district fire fighting and rescue organs for the record.
Article 20 (Work Tasks of Mini-Fire Station)
The mini-fire station shall undertake the following work tasks:
1. being familiar with the basic situation of fire safety such as the plane layout of buildings and places, key parts and fixed fire fighting facilities;
2. participating in the formulation of fire fighting and rescue and emergency response plans, and carrying out regular business training and fire drills;
3. carrying out fire prevention patrols, finding and reporting fire hazards, and carrying out publicity and education on fire safety knowledge;
4. accepting the command and dispatch of fire fighting and rescue organs;
5. organizing the initial fire fighting and evacuation, controlling the spread of fire, and helping protect the scene of the fire; and
6. other work tasks prescribed by the State and this Municipality.
Article 21 (Establishment of Fire Volunteer Teams)
This Municipality shall encourage and support social forces to undertake fire volunteer service activities such as the establishment of fire volunteer teams, carrying out fire prevention, public welfare propaganda, and safety rescue and assistance.
Chapter III Training and Duty Execution
Article 22 (Personnel Training)
The municipal and district fire fighting and rescue organs shall provide professional guidance to the personnel training of social fire fighting and prevention organizations.
The staff of grass-roots fire safety organizations shall engage in fire safety management only after receiving training.
The professional firefighting team members shall take part in the duty execution only after obtaining the corresponding national professional qualification certificate of firefighters according to law.
The staff of the mini-fire station shall take part in the duty execution only after receiving training; and they are encouraged to obtain the national professional qualification certificates such as firefighters and operators of fire-fighting facilities that are suitable for their job responsibilities. The fire-fighting volunteers shall receive fire safety knowledge and basic professional skills training, and raise the ability of volunteer service for fire fighting and prevention.
Article 23 (Business Training)
The municipal and district fire fighting and rescue organs shall guide the business training of social fire fighting and prevention organizations.
The grass-roots fire safety organizations shall carry out business training in a planned way to raise their ability of fire prevention.
The professional firefighting teams shall formulate their business training plans and organize the implementation, and raise their ability of fire prevention, fighting and emergency response and rescue.
The mini-fire stations shall carry out targeted business training and raise their ability of fire prevention and initial fire fighting.
Article 24 (Duty Requirements)
The professional firefighting teams and mini-fire stations shall, according to the relevant provisions of the State and this Municipality, establish emergency response and handling mechanisms and implement the duty standby system.
After the unit professional firefighting team has been put into duty, its establisher unit shall not arbitrarily alter the functions and uses of the business premises and fire-fighting vehicles of the professional firefighting team, and shall not arbitrarily reduce the demands for professional firefighting team members’ equipment.
Article 25 (Emergency Joint Action)
The professional firefighting team shall be incorporated into the municipal emergency joint action system, and shall immediately rush to the scene to carry out fire fighting and emergency response and rescue upon receiving the fire alarm or the dispatch instruction of the fire fighting and rescue organ.
Article 26 (Equipment Management)
The social fire fighting and prevention organizations shall regularly take care and maintain the firefighting equipment and facilities to ensure their perfection and efficiency, and promptly replace those that exceed the service life or are damaged.
Chapter IV Administration and Guarantee
Article 27 (Information Administration)
The municipal and district fire fighting and rescue organs shall rely on the Integrated Online Administration platform for urban administration, establish an information system, and implement the administration of filing, business training, dispatch and control, and assessment and evaluation of social fire fighting and prevention organizations in this Municipality.
Article 28 (Assessment and Evaluation)
The municipal and district fire fighting and rescue organs shall conduct special assessment and evaluation on the work effect, duty execution training and team management of grass-roots fire safety organizations, professional firefighting teams and mini-fire stations.
The district people’s government shall carry out inspections on the work related to the construction and administration of grass-roots fire safety organizations, professional firefighting teams of the town/township people’s government and community mini-fire stations implemented by the town/township people’s governments and sub-district offices, and incorporate them into the annual work assessment.
Article 29 (Personnel Recruitment and Post Management)
The members of the government professional firefighting team shall be recruited by the establisher or management unit of the government professional firefighting team; the unit professional firefighting team members and mini-fire station staff shall be recruited by the establisher unit.
The recruitment of professional firefighting team members of the municipal and district people’s governments shall be subject to the post management.
Article 30 (Personnel Assessment)
The municipal fire fighting and rescue organ shall be responsible for the establishment of professional firefighting team members management system and assessment mechanism.
The establisher or management unit of professional firefighting team shall, according to the administrative authority, carry out the assessment administration on professional firefighting team members. The assessment results shall serve as the basis for adjusting the post level, salary, benefits, reward, punishment and dismissal of professional firefighting team members.
Article 31 (Management of Special Working Hours of Professional Firefighting Team)
The establisher or management unit of professional firefighting team shall formulate scientific and reasonable labor quota, working hours attendance, and rest and vacation systems, and ensure the rest and vacation rights of members and the completion of production and work tasks.
With the approval of the human resources and social security department, the professional firefighting team members may implement an irregular or comprehensive timing work system.
Article 32 (Salary and Benefits)
The salary standard of government professional firefighting team members shall be adapted to their professional technical ability and occupational risks, and determined by the people’s governments at all levels according to the level of economic development and the employment situation, and a dynamic adjustment mechanism shall be established.
The salary of unit professional firefighting team members shall be determined by the employer unit according to the actual situation, and enjoy the benefits of the unit’s frontline workers, or of the high-risk industries.
Article 33 (Labor Relations and Insurance of Professional Firefighting Team Members)
The employer unit shall sign labor contracts with professional firefighting team members according to law, handle social insurance such as the basic old-age insurance, medical insurance (including maternity insurance), industrial injury insurance and unemployment insurance, and pay housing provident fund for them according to the provisions, and handle personal accident insurance for professional firefighting team members with reference to the standards for the firefighters of national integrated fire and rescue brigades.
The dissolution and termination of the labor contract shall be implemented according to the relevant provisions of the Labor Contract Law of People’s Republic of China.
Article 34 (Settlement and Residence Card Points Policy)
The eligible government professional firefighting team members may apply for the permanent residence or the residence card points in this Municipality according to the relevant provisions of the State and this Municipality, and the municipal fire fighting and rescue organ shall bear the overall responsibility for the relevant application work.
Article 35 (Housing Assurance)
The housing administration department shall include the government professional firefighting team members in conformity with certain conditions into the corresponding housing assurance scope, and according to their professional characteristics, take the overall allocation of rent and other ways to give priority assurance.
Article 36 (Occupational Health)
The establisher or management unit of professional firefighting team and mini-fire station shall organize members to take pre-job occupational health examination, carry out annual occupational health examination and establish occupational health files.
Article 37 (Government Purchase of Services)
The people’s governments at all levels may provide support for grass-roots fire safety organizations and community mini-fire stations to carry out fire safety work by purchasing services.
Article 38 (Fire-Fighting Vehicles Administration)
The fire-fighting vehicles of social fire fighting and prevention organizations shall be included in the administration scope of special vehicles; the license plates and relevant documents shall be handled according to national standards and relevant provisions; and the vehicles shall be equipped with alarms, sign lights, and unified identity marks.
The fire-fighting vehicles of social fire fighting and prevention organizations shall be exempt from paying the tolls on the way back and forth when performing fire fighting, emergency response and rescue tasks and fire-fighting emergency drills.
Article 39 (Compensation for Loss)
The fuel, fire extinguishing agent and equipment consumed by the professional firefighting team and voluntary firefighting team of other units participating in the fire fighting shall be compensated by the people’s government of the place where the fire occurred. If the insurance that the fire disaster unit has bought contains rescue expenses, the rescue expenses paid by the insurance company shall be used to compensate for the loss of the professional firefighting team and voluntary firefighting team of other units first.
The loss compensation caused by participating in emergency response and rescue shall be implemented with reference to the provisions of the preceding Paragraph.
Article 40 (Land Assurance)
The district people’s government shall, when organizing the detailed planning of land space, make arrangements for the layout of government professional firefighting team stations, and training facilities and sites according to the overall municipal planning of land space and special planning of fire fighting and prevention work.
The land used for government professional firefighting team stations, and training facilities and sites shall be administratively allocated according to the provisions.
Article 41 (Preferential Policies)
The taxes and fees for the construction of business premises and the purchase of fire-fighting vehicles of social fire fighting and prevention organizations shall be reduced or exempted according to the provisions of the State.
The reasonable construction and management expenses related to the production and operation of fire fighting and prevention organizations shall be taken as the management expenses of enterprises, and be deducted before tax according to the provisions of the Enterprise Income Tax Law of People’s Republic of China.
Article 42 (Compensation for Casualty)
The personnel of social fire fighting and prevention organizations who are injured or disabled or die in the business training, fire prevention and fighting, and emergency response and rescue shall apply for a work-related injury identification and labor ability appraisal according to the relevant provisions of the State and this Municipality, and enjoy the work-related injury insurance benefits; those who meet the conditions for the evaluation of martyrs shall be handled according to the relevant provisions of the Regulations on Honoring Martyrs.
Article 43 (Incentive and Guarantee of Fire Volunteers)
The voluntary firefighting team shall give appropriate subsidies to the expenses such as transportation and missed meals paid by the volunteers in the volunteer service activities of fire fighting and prevention.
The voluntary firefighting team shall handle the corresponding personal insurance for volunteers according to their own conditions and actual needs.
Article 44 (Competition and Commendation)
The municipal and district fire fighting and rescue organs shall organize and carry out vocational skills competition for social fire fighting and prevention organizations, and guide the personnel of social fire fighting and prevention organizations to improve their vocational skills.
The social fire fighting and prevention organizations and their personnel who have made outstanding contributions in fire fighting and prevention work shall be commended and rewarded according to the relevant provisions of the State and this Municipality. Labor unions, the Communist Youth Leagues, women’s federations and other organizations may award corresponding honors to the personnel of social fire fighting and prevention organizations who have made outstanding contributions.
The municipal fire fighting and rescue organ shall organize and recommend the outstanding social fire fighting and prevention organizations and their personnel to participate in the selection of various national, provincial and ministerial awards.
Chapter V Legal Liability
Article 45 (Guidelines)
Where the Fire Fighting and Prevention Law of the People’s Republic of China, the Regulations of Shanghai Municipality on Fire Fighting and Prevention or other laws, rules or regulations have provisions for handling the violations of these Provisions, those provisions shall prevail.
Article 46 (Handling of Failure of Professional Firefighting Team to Implement Training and Duty Requirements)
The professional firefighting team which has either of the following acts shall be ordered to make corrections within a time limit by the fire fighting and rescue organ; if no correction is made within the time limit, the directly responsible person in charge and other directly responsible persons shall be dealt with according to law by the establisher or management unit:
1. in violation of the provisions of Paragraph 3 of Article 23 of these Provisions, failing to formulate business training plans and organize the implementation; or
2. in violation of the provisions of Paragraph 1 of Article 24 of these Provisions, failing to establish the emergency response and handling mechanism.
The establisher unit of unit professional firefighting team which, in violation of the provisions of Paragraph 2 of Article 24 of these Provisions, arbitrarily alters the functions and uses of professional firefighting team business premises and fire-fighting vehicles, or arbitrarily reduces the demands for professional firefighting team members’ equipment, shall be ordered to make corrections within a time limit by the fire fighting and rescue organ; if no correction is made within the time limit, a fine of not less than 5,000 yuan but not more than 20,000 yuan shall be imposed on the establisher unit of the unit professional firefighting team; if the circumstance is serious, a fine of not less than 20,000 yuan but not more than 50,000 yuan shall be imposed.
Article 47 (Handling of Professional Firefighting Team Disobeying Dispatching Command)
If a professional firefighting team, in violation of the provisions of Article 25 of these Provisions, refuses to obey the dispatching command after receiving a fire alarm or a dispatching instruction from the fire fighting and rescue organ, the directly responsible person in charge and other directly responsible persons shall be dealt with according to law by its establisher or management unit.
Article 48 (Administrative Responsibility)
If the municipal and district fire fighting and rescue organs fail to perform their duties of guidance and supervision of social fire fighting and prevention organizations according to these Provisions, and thus cause adverse effects, they shall be ordered to make corrections, criticized and educated by the relevant competent authorities according to their functions and powers, and the directly responsible person in charge and other directly responsible persons may be punished according to law.
Chapter VI Supplementary Provision
Article 49 (Effective Date)
These Provisions shall be effective as of May 1, 2023. The Provisions of Shanghai Municipality on the Administration of Social Fire Fighting and Prevention Organizations promulgated by Decree No. 21 of Shanghai Municipal People’s Government on August 21, 2014 shall be abolished simultaneously.
