Notice of Beijing Municipal Commission of Housing and Urban-Rural Development on the Trial Implementation of the Requirement Notification and Compliance Commitment Mechanism for Fire Protection Acceptance and the Registration for Future Reference for the Record of Fire Protection Acceptance in Mall Reconstruction Projects

Jing Jian Fa [2022] No. 133

To all district-level commissions of housing and urban-rural development, the Commissions of Housing and Urban Development of Dongcheng, Xicheng and Shijingshan District, the Review Bureau and the Development and Construction Bureau of Economic and Technological Development Zone, and all other units concerned,

　　In order to fully enforce the Implementation Plan on Reforming the Review and Acceptance of Fire Protection Design for Existing Buildings in Beijing during Urban Renewal (Jing Jian Fa [2021] No. 386), further optimize the business environment, deepen the reform of government functions, and promote urban renewal, and according to the relevant laws and regulations including the Fire Protection Law of the People's Republic of China, the Interim Provisions on the Management of Fire Protection Design Review and Acceptance of Construction Projects (Order No. 51 of the MoHURD, hereinafter referred to as the Interim Provisions), and the Notice of the General Office of the Ministry of Housing and Urban-Rural Development on Piloting Fire Protection Design Review and Acceptance for Renovation of Existing Buildings (Jian Ban Ke Han [2021] No. 164), the notice on the trial implementation of the Requirement Notification and Compliance Commitment Mechanism for fire protection acceptance and the Registration for Future Reference (RFR) for the record of fire protection acceptance in mall reconstruction projects is given as follows:

　　I. Scope of Application

　　Mall reconstruction projects with a legal construction permit that have an interior above-ground reconstruction area of no more than 5,000 square meters, and do not fall into the following circumstances listed in the second paragraph of this Article, are allowed to apply for fire protection acceptance by requirement notification and compliance commitment mechanism, and the record of fire protection acceptance by RFR, by the construction units at their own discretion. Projects that do not choose the requirement notification and compliance commitment mechanism or RFR are still subject to the relevant requirements in the Interim Provisions.

　　The requirement notification and compliance commitment mechanism and RFR are not applicable to a reconstruction project involving:

　　(1). changes in the main body of the building and the load-bearing structure;

　　(2). class I high-rise public buildings;

　　(3). places where accommodation is located at the same building with production, storage and operation;

　　(4). renovation and reconstruction of underground spaces;

　　(5). places where flammable and explosive dangerous goods are produced and stored;

　　(6). public indoor places including performance venues and screening rooms including cinemas, video halls, and auditoriums; song and dance-related entertainment places including dance halls and KTVs; nightclubs, music teahouses and restaurants with entertainment functions; entertainments and playgrounds; and commercial fitness and leisure places including bowling alleys, roller skating rinks and sauna rooms;

　　(7). certain enclosed spaces for room-escape games including live action role playing and situation shows;

　　(8). indoor places for children activities including children playgrounds, children parks, training centers for children and early education centers;

　　(9). places for elderly care services including public activity rooms, and rehabilitation and medical facilities for the elderly; and

　　(10). centers for postpartum care.

　　II. Requirements for Application

　　Before the construction unit makes an application, the reconstruction project is supposed to:

　　(1). make sure that the record drawings of the construction project involving fire protection are in conformity with the documents and actual execution of fire protection design.

　　(2). have organized the units in charge of the construction, design, supervision and technical service to carry out the fire protection inspection for completion acceptance, with complete technical files for fire protection and management data for construction (including the fire protection-related entry reports for building materials, building components and equipment); make sure that the acceptance of each part of the project involving fire protection is qualified; ensure that the units in charge of the construction, design, supervision and technical service confirm that the fire protection quality of the project meets the relevant standards; have done joint commissioning of the fire protection facilities and system functions; and ensure the complete contents of fire protection inspection for completion acceptance that meet the requirements.

　　(3). complete all items in the fire protection design of the project and agreed in the contract, and have organized the units in charge of the construction, design, supervision and technical service to finalize the completion acceptance of the project, and make an acceptance report.

　　(4). have properly solved all previously existing problems pointed out by the competent department of housing and urban-rural development and agencies in charge of the supervision on project quality.

　　III. Responsible Department

　　The competent department of housing and urban-rural development of the district where the mall reconstruction project is located is responsible for reviewing the construction unit's application for the requirement notification and compliance commitment mechanism and RFR.

　　IV. Review for Different Circumstances

　　1. Trial Implementation of the requirement notification and compliance commitment mechanism on Projects for Fire Protection Acceptance

　　The trial implementation of the requirement notification and compliance commitment mechanism applies to fire protection acceptance for eligible projects that are included in the scope of special construction projects listed in the Interim Provisions.

　　The requirement notification and compliance commitment mechanism refers to a mechanism where the competent department of housing and urban-rural development notify the construction units of all information in one go via online or offline methods, including application conditions, application materials and legal liabilities, and the construction unit needs to provide a letter of commitment to make a pledge that the project is satisfactory to relevant conditions, and the construction unit will undertake the corresponding responsibilities. After the application materials are submitted, the competent department will commence the pro forma review on the materials and make administrative decisions within the designated time. The relevant departments shall shift their focus from pre-licensing to interim and ex-post supervision.

　　2. Trial Implementation of the RFR on Projects for the Record of Fire Protection Acceptance

　　The trial implementation of the RFR applies to the record of fire protection acceptance for eligible projects that are included in the scope of other construction projects listed in the Interim Provisions.

　　The RFR refers to a mechanism where the construction units are allowed to operate legally after choosing to register the project for future reference, in accordance with relevant laws and regulations and in the principle of "judging standards at their own discretion, enjoying rights autonomously, retaining materials by themselves and taking corresponding responsibilities". The relevant departments shall shift their focus from pre-approval to interim and ex-post supervision.

　　V. The Requirement Notification and Compliance Commitment for Special Construction Projects

　　(1). Requirement Notification

　　The competent district-level departments of housing and urban-rural development shall notify the construction units of all information in one go including the legal basis, application conditions, application materials, disciplinary measures for breach of the commitments, and compliant channels at the government service window of the municipal district or via the Beijing Online Approval and Supervision Platform for Investment Project (hereinafter referred to as the "Platform").

　　(2). Application

　　i. offline

　　The construction units shall agree to sign the Letter of Commitment (Annex 1) on a voluntary basis, pledging that the project is satisfactory to the corresponding conditions and standards, and submit it at the government service windows in the municipal district along with an application form, completion acceptance reports of the project, and record drawings of the project involving fire protection.

　　ii. online

　　After the Platform is upgraded, the application can be made and the aforesaid materials can be submitted online.

　　(3). Handling

　　The competent district-level department of housing and urban-rural development shall commence the pro forma review on the application materials submitted by the construction unit. Online applications that have complete and legal materials shall be approved within half of a working day. Offline applications that have complete and legal materials shall be approved on the spot.

　　Construction units submitting applications materials that are incomplete or in any illegitimate form shall be notified of what needs to be re-submitted in one go.

　　VI. RFR for Other Construction Projects

　　(1). Requirement Notification

　　The district-level competent department of housing and urban-rural development shall notify the construction units of all information in one go including the definition of RFR, legal basis, application conditions, application materials, materials to retain, disciplinary measures for breach of the commitments, and compliant channels at the government service windows of the municipal district or via the Platform.

　　(2). Application

　　i. offline

　　The construction unit shall agree to sign the Letter of Commitment (Annex 3) on a voluntary basis, pledging that the project is satisfactory to the corresponding conditions and standards, and submits it at the government service windows in the municipal district along with a record form, and completion acceptance reports of the project. Meanwhile, the record drawings of the project involving fire protection shall be well retained by the construction unit as per the requirements of the Interim Provisions and the relevant municipal regulations of Beijing.

　　ii. online

　　After the Platform is upgraded, the application can be made and the aforesaid materials can be submitted online, with the record drawings of the project involving fire protection to be retained by the construction unit.

　　(3). Handling

　　The competent district-level department of housing and urban-rural development shall commence the pro forma review on the application materials submitted by the construction unit. Online applications that have complete and legal materials shall be approved for record within half of a working day. Offline applications that have complete and legal materials shall be approved for record on the spot.

　　Construction units submitting applications materials that are incomplete or in any illegitimate form shall be notified of what needs to be re-submitted in one go.

　　VII. Strengthening Interim and Ex-post Supervision

　　(1). Spot Checks

　　The district-level competent department of housing and urban-rural development shall conduct spot checks on 50% of the special construction projects, and 10% of other construction projects within 7 working days, and provide conclusions. The spot checks focus on whether the application is accurate and whether the application materials and materials to retain are complete, and determine whether the fire protection facilities and system functions are satisfactory to the relevant provisions through random checks.

　　(2). Strengthen Supervision and Law Enforcement

　　The units involved in the project which violate relevant laws and regulations including the Interim Provisions and the Fire Protection Law, shall be investigated and punished by the competent district-level department of housing and urban-rural development. Clues of illegal behavior that is in the scope of supervision of other departments shall be turned over to the competent departments in a timely manner.

　　Construction units that fail to fulfill the commitments shall be notified in one go of what rectification needs to made, and finalize the corresponding rectification within 7 working days. For special construction projects that still fail to meet the requirements after rectification or to finalize the rectification on time, the Opinions on Fire Protection Acceptance shall be revoked, and other construction projects under such a circumstance shall be suspended. The Opinions on Fire Protection Acceptance given to the construction units of special construction projects making false commitments shall be revoked and such construction units shall be held liable for commencement of the operation without obtaining the approval of the competent departments; other construction projects under such a circumstance shall stop operation and the corresponding construction units be liable for failing to obtain legal formalities for record. The construction units under the aforesaid circumstance shall re-apply for the fire protection acceptance and corresponding record according to the relevant requirements in the Interim Provisions.

　　(3). Publication and Disclosure

　　All information involving applications and interim and ex-post supervision related to the requirement notification and compliance commitment mechanism and RFR shall be publicized and disclosed to the pubic voluntarily by the competent department of housing and urban-rural development according to relevant provisions, so as to accept social supervision, and at the same time share with fire protection and rescue agencies.

　　VIII. Responsibilities

　　(1). Fulfillment of the Primary Responsibility

　　The units in charge of the construction, design, building, project supervision and technical service of the project and their employees shall fulfill the corresponding primary responsibilities in accordance with the Fire Protection Law and the Interim Provisions.

　　(2). Enhancement of Organizational Leadership

　　All competent district-level departments of housing and urban-rural development should gain better insights into the trial implementation, evaluate the state of policy execution in a timely manner, enhance in-process supervision on the quality of fire protection-related construction, and promote the implementation of all corresponding measures.

　　IX. Period of Validity

　　This Notice shall enter into force as of the date of promulgation, with a trial period of 2 years which will be adjusted in due course according to the actual implementation.

　　Hereby notify the above.

　　Annex 1. The Letter of Commitment on Compliance with the Requirements Notified for Fire Protection Acceptance of Special Construction Project of Mall Reconstruction

　　Annex 2. The Opinions on Fire Protection Acceptance of Special Construction Projects (by the Requirment Notification and Compliance Commitment System)

　　Annex 3. The Letter of Commitment on Compliance with the Requirements Notified for the Registration for Future Reference of Fire Protection Acceptance of Other Construction Projects Of Mall Reconstruction

　　Annex 4. The Receipt for the Record of Fire Protection Acceptance of Construction Projects (by the Registration for Future Reference)

　　Beijing Municipal Commission of Housing and Urban-Rural Development

　　April 27, 2022

　　
Annex 1

　　The Letter of Commitment on Compliance with the Requirements Notified for Fire Protection Acceptance of Special Construction Project of Mall Reconstruction

　　I. Basic Information

　　Name of Construction Unit:                           

　　Project Name:                               

　　Unified Social Credit Code:                      

　　Head of Project:                            

　　Tel.:                              

　　
II. Requirements Notified by the Competent Department of Housing and Urban-Rural Development

　　(1). Items

　　Name: the Requirement Notification and Compliance Commitment for Fire Protection Acceptance of Special Construction Project of Mall Reconstruction

　　(2). Legal Basis

　　i. Construction Law of the People's Republic of China

　　ii. Fire Protection Law of the People's Republic of China

　　iii. Regulations on the Quality Management of Construction Projects

　　iv. Interim Provisions on the Management of Fire Protection Design Review and Acceptance of Construction Projects (Orde No. 51 of the MOHURD, hereinafter referred to as the "Interim Provisions")

　　v. Notice of the Ministry of Housing and Urban-Rural Development on Issuing the Fire Protection Design and Acceptance Rules for Construction Projects and the Sample Format of the Review, Acceptance, Record and Spot Checks of Fire Protection Design (Jian Ke Gui [2020] No. 5)

　　vi. Implementation Plan on Reforming the Review and Acceptance of Fire Protection Design for Existing Buildings in Beijing during Urban Renewal (Jing Jian Fa [2021] No. 386)

　　vii. Notice of the General Office of the Ministry of Housing and Urban-Rural Development on Piloting Fire Protection Design Review and Acceptance for Renovation of Existing Buildings (Jian Ban Ke Han [2021] No. 164)

　　(3). Scope of Application

　　The scope of application includes mall reconstruction projects with a legal construction permit and that have an interior above-ground reconstruction area of no more than 5,000 square meters, fall into the category of special construction projects set forth in the Interim Provision, and acknowledge the choice of the Requirement Notification and Compliance Commitment Mechanism.

　　The Requirement Notification and Compliance Commitment Mechanism is not applicable to a reconstruction project involving:

　　i. changes in the main body of the building and the load-bearing structure;

　　ii. Class I high-rise public buildings;

　　iii. places where accommodation is located at the same building with production, storage and operation;

　　iv. renovation and reconstruction of underground spaces;

　　v. places where flammable and explosive dangerous goods are produced and stored;

　　vi. public indoor places including performance venues and screening rooms including cinemas, video halls, and auditoriums; song and dance entertainment places including dance halls and KTVs; nightclubs, music teahouses and restaurants with entertainment functions; entertainments and playgrounds; and commercial fitness and leisure places including bowling alleys, roller skating rinks and sauna rooms;

　　vii. certain enclosure spaces for room-escape games including live action role playing and situation shows;

　　viii. indoor places for children activities including children playgrounds, children parks, training centers for children and early education centers;

　　ix. places for elderly care services including public activity rooms, and rehabilitation and medical facilities for the elderly; and

　　x. centers for postpartum care.

　　(4). Requirements for Application

　　Before the construction unit makes an application, the reconstruction project is supposed to:

　　i. make sure that the record drawings of the construction project involving fire protection are in conformity with the documents and actual execution of fire protection design.

　　ii. have organized the units in charge of the construction, design, supervision and technical service to carry out the fire protection inspection for completion acceptance, with complete technical files for fire protection and management data for construction (including the fire protection-related entry reports for building materials, building components and equipment); make sure that the acceptance of each part of the project involving fire protection is qualified; ensure that the units in charge of the construction, design, supervision and technical service confirm that the fire protection quality of the project meets the relevant standards; have done joint commissioning of the fire protection facilities and system functions; and ensure the complete contents of fire protection inspection for completion acceptance that meet the requirements.

　　iii. complete all items in the fire protection design of the project and agreed in the contract, and have organized the units in charge of the construction, design, supervision and technical service to finalize the completion acceptance of the project, and make an acceptance report.

　　iv. have properly solved all problems that previously exist as pointed out by the competent department of housing and urban-rural development and agencies in charge of the supervision on project quality.

　　(5). Ways to Apply

　　The construction unit applies at the government service windows of the municipal district or via the Beijing Online Approval and Supervision Platform for Investment Project (website: http://tzxm.beijing.gov.cn, hereinafter referred to as the Platform). Before the Platform finalizes the website upgrading, the application can be made at the window only.

　　(6). Application Materials

　　The construction unit shall submit the following materials:

　　i. the application form for fire protection acceptance of special construction projects;

　　ii. the completion acceptance reports of the project;

　　iii. the record drawings of the construction project involving fire protection;

　　iv. the letter of commitment on Compliance with the requirements notified with an official seal of the construction unit.

　　(7). Time limit of handling

　　The competent district-level department of housing and urban-rural development shall commence the pro forma review on the application materials submitted by the construction unit. Online applications that have complete and legal materials shall be approved within half of a working day. Offline applications that have complete and legal materials shall be approved on the spot.

　　Construction units submitting applications materials that are incomplete or in any illegitimate form shall be notified of what needs to be re-submitted in one go.

　　(8). Ex-post Spot Checks

　　The district-level competent department of housing and urban-rural development shall conduct spot checks on 50% construction projects within 7 working days, and provide conclusions. The spot checks focus on whether the application is accurate, whether the application materials are complete, and determine whether the fire protection facilities and system functions are satisfactory to the relevant provisions through random checks.

　　(9). Disciplinary Measures for Breach of Commitments

　　The units involved in the project which violate relevant laws and regulations including the Interim Provisions and the Fire Protection Law, shall be investigated and punished according to the law. Clues of illegal behavior that is in the scope of supervision of other departments shall be turned over to the competent departments in a timely manner.

　　Construction units that fail to fulfill the commitments shall be notified in one go of what rectification needs to made and finalize the corresponding rectification within 7 working days. For those that still do not meet the requirements after rectification or fail to finalize the rectification on time, the Opinions on Fire Protection Acceptance shall be revoked. The Opinions on Fire Protection Acceptance given to the construction units making false commitments shall be revoked, and such construction units shall be held liable for commencement of the operation without obtaining the approval of the competent department. The construction units whose approvals have been revoked shall re-apply for the fire protection acceptance according to the relevant requirements in the Interim Provisions.

　　The construction unit who causes the revoking of the approval for fire protection acceptance on its own shall be held accountable for the liabilities arising therefrom. The construction unit shall be liable for any adverse effects or losses that it causes to a third party.

　　(10). Channels for Complaints and Objections

　　The construction unit who has any objection to the relevant decision on disciplinary measures or punishment shall submit an application for complaint and objection via the hot-line of the competent district-level departments of housing and urban-rural development within 5 working days after the decision is made. The application will be handled and the reply be given within 5 working days except where the intervention of a third-party professional agency is needed.

　　(11). Others

　　The construction unit shall strictly fulfill the duties for fire protection in the use stage in accordance with the requirements of relevant departments.

　　
III. Commitments of the Construction Unit

　　The construction unit hereby agrees to make the following commitments:

　　(1). The information filled in and the application materials submitted are true, legal, valid and complete, with proper seals and signatures.

　　(2). It acknowledges all the contents provided by the competent department of housing and urban-rural development, and the project is eligible for corresponding conditions, standards and technical requirements.

　　(3). The project is satisfactory to the requirements of relevant laws and regulations and technical standards on fire protection for construction projects.

　　(4). The construction unit has fulfilled its duties, and carried out and passed the fire protection inspection for completion acceptance as per the requirements of relevant regulations.

　　(5). The project has applied to the relevant departments for fire protection inspection based on relevant laws before putting into use or operation, and shall fulfill its duties for fire protection, ensure fire safety, report pro-actively to the relevant departments, and accept fire protection supervision and inspection in the course of use.

　　(6). The construction unit agrees to bear the legal liabilities of failing to fulfill the commitments or making false commitments, and to bear the disciplinary consequences of breaching the commitments as notified by the competent department of housing and urban-rural development.

　　(7). The commitments made are an expression of the authentic intention of the applicant.

　　Construction Unit (official seal):

　　Legal Representative or Authorized Agent of Legal Representative (signature):

　　Head of Project (signature):

　　(MM)  (DD)  (YY)

　　
Annex 2

　　(Name of the competent department of housing and urban-rural development)

　　The Opinions on Fire Protection Acceptance of Special Construction Projects (by the Requirement Notification and Compliance Commitment System)

　　XXX Jian Xiao Yan Gao Zi [    ] No.

　　To                        ,

　　According to the Construction Law of the People's Republic of China, the Fire Protection Law of the People's Republic of China, the Regulations on the Quality Management of Construction Projects, the Interim Provisions on the Management of Fire Protection Design Review and Acceptance of Construction Projects, the Implementation Plan on Reforming the Review and Acceptance of Fire Protection Design for Existing Buildings in Beijing during Urban Renewal, and the Notice of Beijing Municipal Commission of Housing and Urban-Rural Development on the Trial Implementation of the Requirement Notification and Compliance Commitment Mechanism for Fire Protection Acceptance and the Registration for Future Reference for the Record of Fire Protection Acceptance in Mall Reconstruction Projects, your unit hereby applies for the Requirement Notification and Compliance Commitment of fire protection acceptance (No. of the Application form for fire protection acceptance of special construction projects:     ) for the                  project (address:     ; floor area:     ; nature of use:     ) on     (MM)    (DD)    (YY).

　　According to the application materials submitted, the conclusions are as follows:

　　The materials are complete and conform to management on the Requirement Notification and Compliance Commitment Mechanism.

　　□ The project has not been defined as an object of inspection yet.

　　□ The project has been defined as an object of inspection, and we will conduct spot checks within 7 working days. Please be prepared.

　　(Special seal of the competent department of housing and urban-rural development for fire protection acceptance)

　　(MM)  (DD)  (YY)

　　Construction Unit Signature:             (MM)  (DD)  (YY)

　　Note: the Opinions is formulated in duplicate, with one held by the construction unit and one filed for record.