Jing Jian Fa [2022] No.133
District Housing and Urban Construction Committees, Dongcheng, Xicheng and Shijingshan Housing and Urban Construction Committees, Economic and Technological Development Zone Approval Bureau, Development and Construction Bureau, and all relevant units:
In order to implement the requirements of "Beijing Implementation Plan on Deepening the Examination and Acceptance Reform of Fire Protection Design of Existing Buildings in Urban Renewal" (J.J.F. [2021] No.386), further optimize the business environment, deepen the "streamline administration, delegate power, strengthen regulation and improve services" reform, improve the service level for the convenience of enterprises, and promote urban renewal, according to the People’s Republic of China (PRC) Fire Protection Law, Interim Provisions on the Administration of Examination and Acceptance of Fire Protection Design of Construction Projects (Decree No.51 of the Ministry of Housing and Urban-Rural Development, Hereinafter referred to as the "Interim Provisions"), the Notice of the General Office of the Ministry of Housing and Urban-Rural Development on Launching the Pilot Project of Fire Protection Design Review and Acceptance for Renovation and Utilization of Existing Buildings (J.B.H. [2021] No.164) and other relevant regulations, the management notice on the trial fire protection acceptance of some shopping mall renovation projects and the trial fire protection acceptance filing is as follows:
I. Scope of application
If the renovation area of the above-ground interior of a shopping mall that has obtained the construction permit formalities according to law is less than 5,000 square meters (inclusive) and does not belong to the circumstances listed in the second paragraph of this article, the construction unit may independently choose to apply for fire control acceptance in the form of notification and commitment, and apply for fire control acceptance for the record in the form of future reference. The project that has not been handled by means of notification commitment or reference shall still be implemented according to the relevant requirements of the Interim Provisions.
The renovation project belongs to one of the following circumstances, which is not suitable for informing commitment or reference:
(a) involving changes in the main building and load-bearing structure;
(2) A class of high-rise public buildings;
(3) Accommodation, production, storage and operation are set in the shared place of the same building space;
(four) including the renovation of underground space;
(5) Places where inflammable and explosive dangerous goods are produced and stored;
(6) The following indoor places open to the public: theaters, video halls, auditoriums and other performance and screening places, dance halls, karaoke halls and other entertainment places, nightclubs, music cafes and dining places with entertainment functions, amusement places, bowling alleys, roller skating rinks, saunas and other business fitness and leisure places;
(seven) script killing, sitcom and other specific confined space places;
(eight) children’s playhouses, children’s playgrounds, children’s training classes, early education centers and other indoor children’s activities;
(nine) the elderly care facilities such as public activity rooms, rehabilitation and medical rooms for the elderly;
(10) Yuezi Club, etc.
Second, the reporting requirements
Before applying, the construction unit shall ensure that the renovation project meets the following requirements:
(a) the completion drawings of the construction project involving fire protection are consistent with the fire protection design documents and the entity project.
(2) It has organized construction, design, supervision, technical service and other units to carry out fire inspection for completion acceptance, and has complete engineering fire protection technical files and construction management data (including entry test reports of building materials, building components and equipment involved in fire protection); The acceptance of all sub-projects involving fire protection is qualified; Construction, design, supervision, technical services and other units confirm that the fire quality of the project meets the relevant standards; The performance of fire control facilities and the joint debugging and testing of system functions have passed the test; The fire inspection content of the completion acceptance is complete and meets the requirements.
(three) to complete the fire protection design of the project and the fire protection contents agreed in the contract, and have organized the construction, design, supervision, technical service and other units to complete the project completion acceptance and form the project completion acceptance report.
(four) all the problems ordered by the housing construction department and the project quality supervision institution to be rectified have been rectified.
Third, the handling department
The application for notification commitment and reference made by the construction unit shall be handled by the district-level housing and construction department where the shopping mall renovation project is located.
Fourth, classified approval
(a) the commitment to inform the fire acceptance project.
In line with the reporting conditions and belonging to the scope of special construction projects listed in the Interim Provisions, the trial implementation of the notification commitment method is adopted to handle the fire control acceptance procedures of construction projects.
Informing commitment means that the housing construction department informs the construction unit of the handling conditions, application materials and legal responsibilities to be fulfilled at one time through online and offline channels, and the construction unit promises in writing that it meets the conditions and bears corresponding legal responsibilities, and submits relevant materials. The housing construction department will make an administrative licensing decision after formal review within the specified time. Relevant departments will focus their work on pre-licensing and shift to post-event supervision.
(two) fire acceptance and filing projects for future reference.
Meet the reporting conditions and belong to the scope of other construction projects in the Interim Provisions, and try to go through the formalities for fire control acceptance and filing of construction projects by means of reference.
For future reference, it means that within the scope permitted by laws and regulations, the construction unit will independently register for future reference and carry out business activities according to law in accordance with the principles of "self-determination of standards, self-enjoyment of rights, self-retention of materials and self-responsibility". Relevant departments have shifted their focus from pre-approval to post-event supervision.
Five, the special construction project fire acceptance to inform the commitment work content
(1) Inform
The district housing and construction department will inform the construction unit of the basis, handling conditions, application materials, disciplinary measures for breach of promises, appeal channels and other notification contents at one time through the district government service windows or the online approval and supervision platform of Beijing investment projects (hereinafter referred to as the online platform).
(2) Application
1. Offline mode
The construction unit voluntarily signs the Letter of Commitment (Annex 1), promising to meet the corresponding conditions and standards, and submits the application form, the project completion acceptance report, the completion drawings of the construction project involving fire protection and a written commitment through the government service windows of each district.
2. Online mode
After the online platform is upgraded, the construction unit can apply online and submit the above materials.
(3) Handling
The district housing and construction department shall conduct a formal review of the application materials submitted by the construction unit. If the application is made through the online platform, if the application materials are complete and conform to the legal form, the decision of consent shall be made within 0.5 working days. To apply to the window, the application materials are complete and conform to the statutory form, and the decision of consent is made on the spot.
If the application materials are incomplete or inconsistent with the statutory form, the construction unit shall be informed of all the contents that need to be supplemented at one time.
Six, other construction fire control work content for future reference
(1) Inform
The district housing and construction department will inform the meaning, basis, handling conditions, application materials, retained materials, disciplinary measures for breach of promise, appeal channels and other notification contents for future reference at one time through the district government service window or online platform.
(2) Application
1. Offline mode
The construction unit voluntarily signs the letter of commitment (Annex 3), promising to meet the corresponding conditions and standards, and submits the filing form, project completion acceptance report and written commitment through the government service window of each district. At the same time, in accordance with the "Interim Provisions" and the relevant provisions of our city, we will keep the completed drawings of construction projects involving fire protection.
2. Online mode
After the online platform is upgraded, the construction unit can submit the above materials online and keep the completed drawings of the construction project involving fire protection.
(3) Handling
The district housing and construction department shall conduct a formal review of the application materials submitted by the construction unit. If the application is made through the online platform, if the application materials are complete and conform to the statutory form, the decision to approve the filing shall be made within 0.5 working days. To apply to the window, the application materials are complete and conform to the statutory form, and the decision to approve the filing is made on the spot.
If the application materials are incomplete or inconsistent with the statutory form, the construction unit shall be informed of all the contents that need to be supplemented at one time.
Seven, strengthen supervision after the event.
(a) to carry out spot checks
The housing and construction department of the district shall, in accordance with the sampling ratio of 50% of special construction projects and 10% of other construction projects, carry out inspection on the selected projects within 7 working days and give a conclusion. The inspection focuses on whether the declared items are accurate, whether the application materials and retained materials are complete, and whether the on-site spot checks, the performance of fire-fighting facilities and the main functions of the system comply with relevant regulations.
(2) Strengthen supervision and law enforcement.
If the participating units violate the Fire Protection Law, Interim Provisions and other laws and regulations, the district housing construction department shall investigate and deal with them according to law. If it is found that violations of laws and regulations belong to the supervisory duties of other departments, it shall promptly inform the relevant departments of the clues of violations of laws and regulations.
If it is found that the commitment has not been fully fulfilled, it shall be informed of the matters that need to be rectified at one time, and ordered to complete the rectification within 7 working days. If the rectification still does not meet the requirements or fails to be rectified within the time limit, the special construction project shall revoke the fire acceptance opinion according to law, and other construction projects shall be ordered to stop using it. Make false promises, special construction projects directly revoke the fire acceptance opinions, and put them into use without obtaining a decision to investigate the corresponding legal responsibilities; Other construction projects shall be ordered to stop using, and corresponding legal responsibilities shall be investigated according to the filing procedures that have not been obtained according to law. In case of the above circumstances, the construction unit shall re-apply for fire control acceptance or fire control acceptance for the record in accordance with the relevant requirements of the Interim Provisions.
(3) Active publicity
In terms of matters handled by means of informing commitment or reference, post-event supervision, etc., the district housing and construction department actively publicizes to the public in accordance with relevant regulations, accepts social supervision, and shares them with the fire rescue department simultaneously.
VIII. Job Requirements
(1) Strictly implement the main responsibility.
Construction, design, construction, engineering supervision, technical services and other units and their employees should strictly perform the corresponding main responsibilities in accordance with the relevant requirements of the Fire Protection Law and the Interim Provisions.
(2) Effectively strengthen organizational leadership.
The housing and construction departments of all districts should earnestly raise awareness of the pilot reform work, timely evaluate the implementation of policies, strengthen the supervision of the quality process of fire control construction, and promote the implementation of various measures.
IX. Execution Time
This notice shall come into force as of the date of promulgation, with a trial period of 2 years, which will be adjusted according to the implementation.
I hereby inform you.
Attachment:
1. Letter of Commitment on Fire Control Acceptance of Special Construction Project of Shopping Mall Reconstruction
2. Opinions on fire control acceptance of special construction projects (notification commitment method)
3. Letter of Commitment for Informing Other Construction Projects about Fire Prevention for Future Reference in Shopping Mall Renovation
4. The construction project fire acceptance record certificate (for future reference)
Beijing Municipal Commission of Housing and Urban-Rural Development
April 27, 2022
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