There is a temperature enforcement!Shanghai will comprehensively implement mild illegal acts and not administrative penalties in accordance with the law

Author:Ala Huangpu Time:2022.08.17

At the municipal government press conference held on August 16, Lu Weidong, director of the Office of the Leading Group of the Municipal Leading Government Construction Work Work and Director of the Municipal Judicial Bureau, introduced the "Guidelines on Comprehensive Implementation of Mild illegal Acts in accordance with the law". Jiang Hongfei, deputy director of the Municipal Transportation Commission, Li Xiaogen, chief economist of the Municipal Market Supervision Bureau, and Li Weimin, the head of the Municipal Fire Rescue Corps, attended the press conference.

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One picture understands

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One picture understands

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Illustration provision: Municipal Judicial Bureau

List of mild illegal acts in the field of fire protection in Shanghai

In order to thoroughly implement the relevant requirements of the "Outline of the Implementation of the Construction of the Government of the rule of law (2021-2025)" and the relevant requirements of the "Shanghai Government Construction Plan for the Government of Shanghai (2021-2025)", regulate the mild illegal acts in the field of fire protection in accordance with the law.中华人民共和国行政处罚法》、上海市法治政府建设工作领导小组办公室《关于全面推行轻微违法行为依法不予行政处罚的指导意见》等,制定本清单。

First, the following slight illegal acts and corrections in time without causing harmful consequences, administrative penalties are not given:

(1) The following situations that violate Article 16 (1) of Article 16 (1) of the "Fire Protection Law of the People's Republic of China":

1. The fire -automatic alarm system detector is damaged or failed, and no more than one floor is more than one.

2. The fire automatic alarm system detector has a non -normal shielding point, which does not affect the system function;

3. The spray head of the automatic water spray fire extinguishing system is damaged, and there are no more than one floor. It is rectified on the spot and does not affect the system function.

4. Emergency lighting and evacuation indicators do not exceed 2 faults, which do not affect system functions;

5. Normally closed fire doors are in open state or closed doors are damaged without more than 3 places;

6. The indoor fire hydrant container defect, no more than one place, and rectification on the spot;

7. The fire extinguishing equipment is damaged, no more than one floor, and it is rectified on the spot.

(2) Article 28 of the Fire of the People's Republic of China, occupying, blocked, closed, and evacuated channels, and the width of safety exports did not exceed the evacuation channel and the total width of the safety export was 20%, and it was corrected on the spot.

(3) Article 28 of the "Fire Protection Law of the People's Republic of China", no more than one of the burial, circles, and blocking fire hydrants, and corrected on the spot.

(4) Article 28 of the "Fire Fighting Law of the People's Republic of China", occupying, blocked, and closed fire truck channels, corrected on the spot, and was first discovered for the first time.

(5) In violation of Article 28 of the "Fire Protection Law of the People's Republic of China", there are obstacles that affect the escape and fire extinguishing rescue on the doors and windows other than the doors and windows other than the doors and windows other than the doors and windows where the dense venue are located. And correct on the spot.

(6) In violation of Article 28 of the "Shanghai Fire Regulations", the construction height of the building exceeds 24 meters. The construction unit does not implement the fire water source with the construction progress, but the construction height is less than 32 meters and corrected on the spot.

The above (1) to (6) items that do not give administrative penalties are not applicable to places where production, storage, and operating flammable and explosive dangerous goods.

2. The following parties have evidence that it is sufficient to prove illegal acts without subjective faults and will not be punished by administrative penalties:

(7) Violation of Article 16 (1) of Article 16 (1) of the "Fire Fighting Law of the People's Republic of China". There is evidence to prove that the aforementioned problems and faults have been discovered by themselves, and effective measures have been taken, and fire safety precautions have been implemented or the dangerous parts have been suspended.

(8) Article 28 of the "Fire Fighting Law of the People's Republic of China" and fire facilities and equipment that stops the local area without authorization. Safety responsible persons or fire safety managers agree and implement fire safety precautions, and do not affect the normal use of fire protection facilities and equipment in other regions.

3. Other illegal acts that meet the laws, regulations, and regulations that are in line with the "Administrative Penalty Law of the People's Republic of China" and other laws, regulations, and rules are not provided in accordance with the law.

Fourth, for minor illegal acts in the field of fire protection in the field of administrative penalties, the fire law enforcement department shall adhere to the principle of combining punishment and education, and promote the parties to carry out activities in accordance with the law through criticism of education, guidance and interviews.

5. The provisions of other administrative penalties in the field of fire protection are not consistent with this list, and this list is applicable.

6. This order will be implemented from September 1, 2022, and will be valid until August 31, 2027.

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