Amendments to the Regulations on Fire Accident Investigations (Ministry of Public Security Order No. 100)
Thread Content
Amendments to the Regulations on Fire Accident Investigations 【Date of promulgation】March 18, 2008 【Date of implementation】March 18, 2008 Order No. 100 of the Ministry of Public Security of the People’s Republic of China The Amendments to the Regulations on Fire Accident Investigations were approved at a meeting of the Ministry of Public Security’s leadership on February 14, 2008, and are now hereby issued for implementation. Meng Jianzhu, Minister of Public Security, March 18, 2008 – Amendments to the Regulations on Fire Accident Investigations. Article 7 of the Regulations on Fire Accident Investigations is amended as follows: Fire accident investigations shall be carried out by the public security fire departments in the location where the fire occurred, in accordance with the following division of responsibilities: (1) In cases where a single fire results in 10 or more deaths (including this number), 20 or more serious injuries, or both 20 or more deaths and serious injuries, as well as when 50 or more households are affected, the investigation shall be conducted by the public security fire departments of the provinces, autonomous regions, and municipalities directly under the Central Government ； (II) In the event of a fire that results in 1 or more deaths, 10 or more severe injuries, or both 10 or more deaths and severe injuries, as well as affecting 30 or more households, the local public security fire department (at the district/municipality/state/province level) is responsible for conducting the investigation ； (III) In the case of a fire that results in 10 or fewer serious injuries or affects 30 or fewer households, the public security fire department of the county (city, district, banner) is responsible for conducting the investigation. Except for the circumstances listed in the preceding paragraph, for fire accidents that result only in property losses, the public security organs of provinces, autonomous regions, and municipalities directly under the Central Government shall establish specific regulations regarding hierarchical jurisdiction based on local conditions, and submit such regulations to the Fire Protection Bureau of the Ministry of Public Security for record-keeping. For fires that span administrative regions, the public security fire department in the location where the fire first broke out is responsible for the investigation, with the assistance of the public security fire departments in the relevant areas. II. Article 8 of the Regulations on Fire Accident Investigations shall be amended to read as follows: Higher-level public security fire agencies shall supervise and guide the fire accident investigation work carried out by lower-level public security fire agencies. If the higher-level public security and fire protection authorities deem it necessary, they may conduct investigations directly into fires under the jurisdiction of lower-level public security and fire protection agencies ； If the lower-level public security and fire department deems the fire situation complex, it may request the higher-level public security and fire department to send experts to assist with the investigation, or it may ask that the investigation of the fire incident be handed over to the higher-level department. III. Article 9 of the Provisions on Fire Accident Investigation shall be amended to read as follows: After any of the following fires occur, the public security fire department shall promptly notify the criminal investigation department of the local public security authorities, which shall immediately send personnel to the scene to participate in the fire investigation. If arson is suspected, the criminal investigation department of the public security authorities shall initiate an investigation. (1) Fires resulting in deaths ； (II) **Organizations and departments that can have a significant social impact in the event of a fire, such as government agencies, radio stations, television stations, schools, hospitals, nursing homes, daycare centers, kindergartens, cultural heritage sites, postal and communication services, and transportation hubs** ； (III) Fires with clues suggesting arson.
Order of the Ministry of Public Security of the People’s Republic of China (No. 37): The Provisions on the Investigation of Fire Accidents were approved at the meeting of the Minister’s office on March 2, 1999, and are hereby promulgated for implementation. Jia Chunwang, Minister of Public Security, March 15, 1999 – Regulations on Fire Accident Investigations. Chapter I: General Provisions. Article 1: These regulations are formulated in accordance with the relevant provisions of the Fire Protection Law of the People’s Republic of China, in order to strengthen and standardize the work related to fire accident investigations, as well as to clarify the responsibilities and tasks associated with such investigations. Article 2: The main tasks of investigating fire accidents are to investigate and determine the cause of the fire, assess the losses caused by the fire, and identify those responsible for the fire accident. Article 3: The investigation of fire accidents shall adhere to the principles of seeking truth from facts and respecting science. Article 4: The public security organs at all local levels are responsible for supervising and managing the investigation of fire accidents within their respective administrative regions, and shall ensure the availability of necessary investigation tools, transportation, communication and technical equipment, as well as personal protective equipment. Article 5 Except for the circumstances specified in Paragraph 2 of Article 39 of the Fire Protection Law of the People’s Republic of China, no entity or individual shall illegally interfere with the investigation of fire accidents. Chapter 2 Jurisdiction over Fire Accident Investigations Article 6 The investigation of fire accidents shall be carried out by the public security fire protection agencies. Article 7: The investigation of fire accidents shall be carried out in accordance with the following division of responsibilities: (1) The investigation of ordinary fire accidents is conducted by the public security fire protection agencies of the county (city, district, banner) where the fire accident occurred ； (II) The investigation of major fire accidents is carried out by the public security fire protection agencies of the county (city, district, banner) or prefecture (city, state, league) where the fire accident occurred ； (III) The investigation of major fire accidents is carried out by the local (city, prefecture, league) authorities where the fire occurred, or by the provincial public security fire protection agencies. The investigation of fire accidents that span administrative regions is carried out by the public security fire department at the location where the fire first broke out, with assistance from the public security fire departments in the relevant areas. Article 8: When necessary, higher-level public security fire agencies may conduct a re-examination of fire accidents investigated by lower-level public security fire agencies. The Fire Bureau of the Ministry of Public Security shall supervise, inspect, and guide the investigation of major fire accidents. Article 9: Fire and disaster control agencies shall promptly notify criminal investigators to participate in the investigation of fires that result in multiple deaths or injuries, as well as those with significant political or social impact, or cases suspected of being arson. If such cases constitute arson, they shall be transferred to the criminal investigation department of the public security authorities for further investigation. Chapter 3: Qualifications for Fire Accident Investigators Article 10: Public security fire departments at all levels shall assign full-time or part-time fire accident investigators. Fire accident investigators shall obtain the required qualifications for their positions in accordance with the relevant regulations on the qualification management of public security fire supervision personnel. Article 11: Investigators of fire accidents shall not participate in the investigation of a fire accident if they have a direct interest or some other relationship with that accident that could affect an impartial investigation. Chapter 4 Investigation and Determination of the Cause of Fire Article 12 Upon receiving a task to investigate a fire accident, the investigators shall immediately proceed to the scene of the fire to carry out the investigation. Article 13: Public security fire departments have the authority to seal off the fire scene as necessary, and relevant organizations and individuals shall actively cooperate and assist in protecting the fire scene. Article 14: For the investigation of serious and major fire accidents, a fire accident investigation team shall be established, and relevant departments and technical experts shall be invited to participate as needed for such investigations. The responsibilities of the fire accident investigation team are: (1) to determine the cause of the accident, as well as the number of casualties and property losses ； (II) Determine the nature of the accident and liability ； (III) Put forward suggestions regarding the handling of those responsible for the accident ； (IV) Submit recommendations on measures to handle the accident and prevent similar accidents from occurring again ； (5) Prepare an accident investigation report. Article 15: Fire accident investigators shall carry out investigation and questioning work in a timely manner, and the units and individuals at the scene of the fire shall proactively and truthfully provide information regarding the facts of the fire. Article 16: There shall be no fewer than two persons conducting the interrogation. The interrogation record shall be signed or sealed by the person being interrogated after verification ； The investigator conducting the inquiry should also sign or stamp it. Article 17: The public security fire protection authorities may, as necessary, summon the relevant responsible persons, and a summons shall be used during such summoning. Those found responsible on the spot can be summoned orally. Those who refuse to appear in court or evade summons may be subject to compulsory summons. Article 18: Fire accident investigators shall video and photograph the fire scene, and conduct an on-site inspection promptly. On-site investigation is carried out in the sequence of environmental investigation, preliminary investigation, detailed investigation, and specialized investigation. Article 19: Relevant trace evidence discovered during on-site investigations shall be recorded in various forms such as video and photography before and after collection, and shall be properly preserved. When extracting physical evidence, at least two fire investigation officers must be present and sign the extraction record. After the physical evidence is sealed, it must be stamped with the seal of the public security fire department. Article 20: If it is necessary to move items at the scene for reasons such as rescuing people, preventing the expansion of an accident, or clearing traffic, signs shall be placed, a brief sketch of the scene shall be drawn, and a written record shall be made; important traces and physical evidence at the scene must be properly preserved. Article 21: If forensic evidence collected at a fire scene requires technical analysis, it shall be sent to the technical analysis department of the public security fire department or to a professional technical department entrusted by it for such analysis. Those who die in fire accidents should be examined by a forensic expert. Article 22: As required for the investigation of fire accidents, public security fire departments may conduct simulation experiments on complex and difficult fire accidents. Article 23: After the on-site inspection is completed, fire accident investigators shall promptly prepare records such as on-site inspection reports, site diagrams, and photos that objectively reflect the conditions of the fire scene. Article 24 The public security fire department shall determine the cause of the fire based on investigations such as inquiries at the fire scene, on-site inspections, and technical analyses, and prepare a \"Report on the Determination of the Cause of the Fire\". The “Fire Cause Determination Report” shall be delivered to the relevant parties within seven days from the date it is issued. Chapter 5: Assessment of Fire Damage Article 25: Fire damage shall be accurately counted by the affected entity or individual, who shall then submit it to the public security fire department after signing and stamping it. Article 26: Public security fire protection agencies shall, in accordance with relevant regulations, promptly assign investigators for fire accidents to determine the extent of damage resulting from the fires that have been reported. Article 27 No entity or individual shall interfere with the assessment of fire damage, nor shall they misreport, conceal, exaggerate, or omit information regarding such damage. Chapter 6 Determination of Liability for Fire Accidents Article 28 The public security fire department shall, based on investigations into the causes of the fire and the losses resulting from it, determine the liability for the fire accident and prepare a \"Statement of Liability for Fire Accident\". The “Fire Accident Liability Letter” shall be delivered to the relevant parties within seven days from the date of issuance. Article 29 For the entities and individuals responsible for causing fire accidents, the liabilities for such accidents mainly fall into the following four categories: (1) Direct liability ； (II) Indirect liability ； (III) Direct leadership responsibility ； (IV) Leadership responsibility. Article 30: After determining the responsibilities for a fire accident, the public security fire protection authorities shall take the following actions against the units and individuals that caused the accident: (1) Where administrative sanctions are warranted, the public security fire protection authorities shall submit proposals for such sanctions to the relevant departments for handling ； (II) Those who violate the relevant provisions of fire protection laws and regulations shall be punished in accordance with the law by the public security fire protection authorities ； (III) If a crime is constituted, criminal liability shall be pursued in accordance with the law. Article 31: If the parties are dissatisfied with the determination of the cause of the fire or the liability for the fire accident, they may, within 15 days from the date of receipt of the \"Report on the Cause of the Fire\" and the \"Statement on Liability for the Fire Accident\", apply to the competent public security agency at the location where the fire occurred or to the public security fire department at the next higher level for a reevaluation ； If one is dissatisfied with the determination of the cause of a fire or the liability for a fire accident made by the provincial public security and fire protection agencies, an application can be submitted to the provincial public security authorities for a re-evaluation. The competent public security agency at the site of the fire accident, or the public security fire department at the next higher level, shall issue a decision to uphold, modify, or revoke the decision within two months upon receiving the application for reevaluation. After the decision on re-evaluation is made, a \"Decision on Re-evaluation of the Cause of the Fire\" and a \"Decision on Re-evaluation of Responsibility for the Fire Incident\" shall be prepared and sent respectively to the applicant and the original evaluating agency. The determination regarding the cause of the fire and the liability for the fire accident is the final decision. Article 32 The public security fire protection agency shall promptly report the handling results regarding liability for fire accidents to the higher-level public security fire protection agency. Within 15 days after determining the responsibilities for a major fire accident and formulating recommendations for handling it, the provincial public security fire department shall prepare an investigation report on the major fire accident and submit it to the Fire Protection Bureau of the Ministry of Public Security for record-keeping. The main contents of the investigation report on a major fire accident include: (1) Basic information about the entity (individual) that caused the fire ； (2) Course of the fire and firefighting efforts ； (3) Fire damage ； (4) Circumstances of investigating and determining the cause of the fire (attached are the ‘Fire Cause Determination Report’, ‘Technical Appraisal Report’, ‘Expert Opinion’ 등) ； (5) Liability for fire accidents (attached are the Fire Accident Liability Statement and handling recommendations) ； (6) Lessons learned. Chapter 7 Rewards and Punishments Article 33 Units and individuals that have made outstanding contributions to the investigation of fire accidents shall be commended and rewarded by the public security fire department, the superior competent authority, or the respective unit. Article 34: If public security fire protection agencies and their staff commit any of the following acts, administrative sanctions shall be imposed on the responsible persons in accordance with relevant regulations ； If a crime is constituted, criminal liability shall be pursued in accordance with the law. (1) Instigating others to wrongly determine or deliberately wrongly determine the cause of a fire or the liability for a fire accident ； (II) The investigation determines that there were serious mistakes in identifying the cause of the fire and the responsibilities for the fire accident, resulting in significant consequences ； (III) Taking advantage of one’s position to demand property from others or illegally accepting property from others ； (IV) Other acts of abusing power, neglecting duties, or engaging in malpractice for personal gain, resulting in losses to the interests of ** and the people. Chapter 8 Supplementary Provisions Article 35 The parties referred to in these provisions are entities and individuals who have a direct interest in determining the cause of a fire and assigning responsibility for the fire accident. Article 36: The legal documents covered by these provisions shall be uniformly formulated by the Ministry of Public Security, in accordance with relevant regulations, except where otherwise provided. If additional documents are required during implementation, this can be decided by the provincial public security and fire protection agencies, with subsequent reporting to the Fire Protection Bureau of the Ministry of Public Security for record-keeping. Article 37: When issuing legal documents in accordance with these provisions, public security fire agencies shall affix the seal of their own agency. Article 38: In the event that previous provisions regarding fire accident investigations are in conflict with these regulations, these regulations shall prevail. Article 39 These provisions shall be interpreted by the Ministry of Public Security. Article 40 These provisions shall come into force as of the date of issuance.