Notice of Beijing Municipal Commission of Housing and Urban-Rural Development on No Longer Commencing the Acceptance (and Record) of Fire Protection for Micro and Small Reconstruction Projects

Jing Jian Fa [2022] No. 97

To all district-level commissions of housing and urban-rural development of Beijing Municipality, 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 further optimize the business environment, and deepen the reforming of government functions, and according to the relevant regulations including the Interim Provisions on the Management of Fire Protection Design Review and Acceptance of Construction Engineering Projects (Order No. 51 of the MoHURD), 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), and 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), the notice on streamlining the acceptance and record (hereinafter referred to as the "record") of fire protection for small and micro reconstruction projects is hereby given as follows:

　　I. Manner of Implementation

　　Eligible micro and small reconstruction projects in Beijing shall no longer need the acceptance or record of fire protection for construction projects. Construction units do not have to apply for such acceptance or record and the competent departments of housing and urban-rural development is no longer responsible for such acceptance or record. Construction units shall sign a letter of commitment on compliance with the requirements notified, for which the competent departments shall issue a receipt and conduct spot checks.

　　II. Scope of Application

　　The scope of application includes the micro and small reconstruction projects in the administrative area of Beijing Municipality, which are required to do fire protection design in accordance with the national technical standards for fire protection in construction projects, and are eligible for one of the following conditions:

　　(1). the floor area is equal to or less than 300 square meters;

　　(2). other projects that do not need to apply for the legal formalities of construction permit.

　　Projects for factories, warehouses and special stations and docks for the production, storage, loading and unloading of flammable and explosive dangerous goods, and filling, supply and regulator stations for flammable and explosive gases and liquids are excluded.

　　III. Responsible Department

　　The competent departments of housing and urban-rural development in the district where the project is located are responsible for the administration of the requirement notification and compliance commitment.

　　IV. Requirements for Application

　　Before the project owner makes an application, the micro and small reconstruction project shall:

　　(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 materials 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; have 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 debugging and testing on the performance of fire protection facilities and system functions and confirm these items are qualified; and have 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 a project completion acceptance report.

　　V. Duties

　　(1). Notification. The competent departments of housing and urban-rural development at district level notify the project owners all information on handling of application including the legal basis, application conditions and application materials at one time through the government service window and the Beijing Online Approval and Supervision Platform for Investment Project (hereinafter referred to as the "Platform").

　　(2). Application. After the completion acceptance of the micro and small reconstruction project is finalized, the project owner makes a pledge that the project complies with the relevant laws and regulations and the national technical standards on fire protection for construction projects, and fills in and submits the Letter of Commitment on Compliance with the Requirements Notified for Fire Protection Acceptance (and Record) of Micro and Small Reconstruction Projects (Annex 1) and the Basic Information Form of Commitment on Compliance with the Requirements Notified for Fire Protection Acceptance (and Record) of Micro and Small Reconstruction Projects (Annex 2).

　　(3). Review. The competent departments of housing and urban-rural development at district level review the form of the application materials, and issue to the project owner a Receipt of Commitment on Compliance with the Requirements Notified for Fire Protection Acceptance (and Record) of Micro and Small Reconstruction Projects (Annex 3, hereinafter referred to as the Receipt) if the review is passed.

　　(4). Time Limit for Review. Half of a working day.

　　(5). Way of Application.

　　i. Offline: the competent departments of housing and urban-rural development at district level issue the Receipt on the spot after receiving an application at the government service window.

　　ii. Online: after the Platform is upgraded, the application can be handled online. The Receipt is issued by the Platform within half of a working day.

　　VI. Strengthening the Interim and Ex Post Supervision

　　(1). Increasing the intensity of spot checks. The competent departments of housing and urban-rural development at district level shall conduct spot checks on micro and small reconstruction projects within 7 working days after the Receipt is issued. Spot checks are mainly conducted by proportion, and the proportion is determined by the competent departments, which in principle is no less than 5%, and shall be announced to the public.

　　The competent departments at district level are also allowed to conduct spot checks by other means including quarterly special joint checks along with fire protection and rescue agencies.

　　(2). Strengthening supervision and law enforcement. The competent departments of housing and urban-rural development at district level shall mete out punishments and penalties for those who violate the Fire Protection Law and the Interim Provisions on the Management of Fire Protection Design Review and Acceptance of Construction Engineering Projects. If any problems related to the responsibilities of other departments are found, the clues to such problems shall be turned over in time.

　　(3). Intensifying credit supervision. Punishment shall be meted out to those who fail to fulfill their commitment on the basis of the relevant provisions of the Administrative Measures of Beijing Municipality for the Approval of the Requirement Notification and Compliance Commitment of Government Services (Jing Shen Gai Ban Fa [2020] No. 1) by the competent departments of housing and urban-rural development at district level.

　　VII. Work Requirements

　　(1). The units in charge of the construction, design, building, project supervision and technical service of micro and small reconstruction projects and their employees shall strictly take the corresponding subject responsibilities in accordance with the Fire Protection Law, and the Interim Provisions on the Management of Fire Protection Design Review and Acceptance of Construction Engineering Projects.

　　(2). No units or individuals are allowed to intentionally divide an construction project that needs application for fire protection acceptance or record into a number of micro and small reconstruction projects to evade the application.

　　(3). The competent departments of housing and urban-rural development at district level should strengthen supervision, raise the awareness of service, improve technical guidance, and inform fire protection and rescue agencies of the relevant situations in a timely manner.

　　This Notice shall enter into force as of the date of its issuance. Fire protection acceptance (and record) of micro and small reconstruction projects is allowed to carried out within a certain designated area or certain types of places if the otherwise required by the National or Beijing Municipal Government.

　　The Notice is hereby given.

　　Annex 1 Letter of Commitment on Compliance with the Requirements Notified for Fire Protection Acceptance (and Record) of Micro and Small Reconstruction Projects

　　Annex 2 Basic Information Form of Commitment on Compliance with the Requirements Notified for Fire Protection Acceptance (and Record) of Micro and Small Reconstruction Projects

　　Annex 3 Receipt of Commitment on Compliance with the Requirements Notified for Fire Protection Acceptance (and Record) of Micro and Small Reconstruction Projects

　　Beijing Municipal Commission of Housing and Urban-Rural Development

　　April 4, 2022

　　Annex I to Jing Jian Fa [2022] No. 97

　　Letter of Commitment on Compliance with the Requirements Notified for Fire Protection Acceptance (and Record) of Micro and Small Reconstruction Projects

　　I. Basic Information

　　Name of Project Owner:                           

　　Project Name:                               

　　Uniform Social Credit Code:                      

　　Head of Project:                            

　　Contact Number:                              

　　II. Requirement Notification of the Competent Departments of Housing and Urban-Rural Development

　　(1). Items

　　Name: Administration to the requirement notification and compliance commitment for fire protection acceptance (and record) of micro and small reconstruction projects

　　(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 Engineering Projects (Order No. 51 of the MoHURD)

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

　　vii. Notice of the Beijing Municipal Commission of Housing and Urban-Rural Development on Commencing Fire Protection Acceptance, Record and Spot Checks of Construction Projects (Jing Jian Fa [2019] No. 305)

　　viii. 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)

　　(3). Scope of Application

　　The scope of application includes the micro and small reconstruction projects in the administrative area of Beijing Municipality, which are required to do fire protection design in accordance with the national technical standards for fire protection in construction projects, and are eligible for one of the following conditions:

　　i. the floor area is equal to or less than 300 square meters;

　　ii. other projects that do not need to apply for the legal formalities of construction permit.

　　Projects for factories, warehouses and special stations and docks for the production, storage, loading and unloading of flammable and explosive dangerous goods, and filling, supply and regulator stations for flammable and explosive gases and liquids are excluded.

　　(4) Requirements for Application

　　Before the project owner makes an application, the micro and small reconstruction project shall:

　　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 materials 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; have 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 debugging and testing on the performance of fire protection facilities and system functions and confirm these items are qualified; and have 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 a construction completion acceptance report.

　　(5) Ways of Application

　　The project owner makes the application at the government service window of the municipal district or via the Beijing Online Approval and Supervision Platform for Investment Project. The application can be made at the government service window before the Platform finalizes the website upgrading.

　　(6). Application Materials

　　i. Basic Information Form of Commitment on Compliance with the Requirements Notified for Fire Protection Acceptance (and Record) of Micro and Small Reconstruction Projects.

　　ii. Letter of Commitment on Compliance with the Requirements Notified for Fire Protection Acceptance (and Record) of Micro and Small Reconstruction Projects.

　　(7). Time Limit for Review

　　The Receipt of Commitment on Compliance with the Requirements Notified for Fire Protection Acceptance (and Record) of Micro and Small Reconstruction Projects shall be given on the spot for offline application, and the Receipt shall be given within half of a working day for online application.

　　(8). Ex Post Spot Checks

　　Spot checks on micro and small reconstruction projects shall be conducted by the competent departments of housing and urban-rural development at district level for proportion-based checks within 7 working days after the Receipt is issued; and shall be conducted within       (fill in according to actual situations)      working days by means of       (fill in according to actual ways of spot check)    .

　　(9). Others

　　The project owner shall strictly perform the duties for fire safety in the utilization in accordance with the requirements of relevant departments.

　　III. Commitments of the Project Owner

　　The project owner hereby agrees to make the following commitments:

　　(1). the basic information filled in and the application materials submitted (including the Basic information form) are true, legal, valid and complete.

　　(2). the project owner has known all the contents informed by the competent departments of housing and urban-rural development, and the project is eligible for corresponding conditions, standards and technical requirements.

　　(3). the project strictly follows the national basic procedures of construction, and entrusts units of design, construction and project supervision with corresponding qualifications in accordance with relevant laws.

　　(4). The project needs the fire protection design in accordance with the national technical standards on fire protection for construction projections; is not a factory, warehouse and special station and dock for the production, storage, loading and unloading of flammable and explosive dangerous goods, and filling, supply and regulator station for flammable and explosive gases and liquids; and is eligible for the following conditions:

　　□ the floor area is equal to or less than 300 square meters;

　　□ other projects that do not need to apply for the legal formalities of construction permit.

　　(5). the project is not a project that needs to apply for fire protection acceptance or record, and does not intentionally divide such an construction project into a number of micro and small reconstruction projects to evade the application.

　　(6). the project meets the requirements of relevant laws and regulations and technical standards on fire protection for construction projects, and utilizes qualified fire protection products, and building materials, building components and equipment that meet the requirements of fire-proof performance. The fire protection facilities and the debugging and testing on system functions are properly functioning. The project owner has performed its duties, and carried out and passed the fire protection inspection for completion acceptance in accordance with the requirements of relevant regulations.

　　(7). the project owner has applied to the relevant departments for fire protection inspection according to relevant laws and regulations before the project is put into use or operation, and shall strictly perform its duties for fire protection, ensure fire safety, report actively to the relevant departments, and accept supervision and inspection for fire protection in utilization.

　　(8). the project agrees to bear the legal liability of failing to fulfill the commitments or making false commitments.

　　(9). the commitments made are an expression of the authentic meaning of the project owner.

　　Project Owner (official seal):

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

　　Head of Project (signature):

　　  (MM)  (DD)  (YY)

　　Annex 2 to Jing Jian Fa [2022] No. 97

　　Basic Information Form of Commitment on Compliance with the Requirements Notified for Fire Protection Acceptance (and Record) of Micro and Small Reconstruction Projects

No.:        

　　Project Name:   (seal)  Application Date:  (MM)  (DD)  (YY)

　　Annex 3 to Jing Jian Fa [2022] No. 97

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

　　Receipt of Commitment on Compliance with the Requirements Notified for Fire Protection Acceptance (and Record) of Micro and Small Reconstruction Projects

　　XXX Jian Xiao Gao Zhi Zi [    ] No.

                                             :

　　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 No Longer Commencing the Acceptance (and Record) of Fire Protection for Micro and Small Reconstruction Projects, your unit applies for requirement notification and compliance commitment (No. of the Basic Information Form:   ) for fire protection acceptance (and record) of micro and small reconstruction projects (address:     ; floor area:     ; nature of use:     ) on     (MM)    (DD)    (YY) in accordance with your application materials submitted:

　　□ 1. Basic Information Form of Commitment on Compliance with the Requirements Notified for Fire Protection Acceptance (and Record) of Micro and Small Reconstruction Projects;

　　□ 2. Letter of Commitment on Compliance with the Requirements Notified for Fire Protection Acceptance (and Record) of Micro and Small Reconstruction Projects.

　　□ The materials for the requirement notification and compliance commitment are complete and conform to the management requirements of it.

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

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

　　□ If the following situations exist, the project will not comply with management of the requirement notification and compliance commitment:

　　□ i. according to the relevant laws, the requirement notification and compliance commitment for fire protection acceptance (and record) of micro and small reconstruction projects shall not be handled;

　　□ ii. the above-mentioned        material(s) submitted do(es) not conform to relevant requirements;

　　□ iii. the application materials are not complete and the above-mentioned material(s)             need(s) to be submitted.

　　(Special seal of the competent department of housing and urban-rural development for handling)

　　(MM)  (DD)  (YY)

　　Signature of Project Owner:                                                                                                                                                                                                                   (MM)  (DD)  (YY)

　　Note: this receipt is in duplicate, one for the Project Owner and the other for record.