(Issued on January 10, 2003 in accordance with Decree No. 1 of the People’s Government of Guangzhou Municipality and amended on September 30, 2015 in accordance with Decree No. 132 of the People’s Government of Guangzhou Municipality)

　　Article 1 These Rules are formulated in accordance with the provisions of the Fire Control Law of the People’s Republic of China, the Measures of Guangdong Province for Implementing the Fire Control Law of the People’s Republic of China and other relevant laws and regulations, on the basis of the actual conditions of this Municipality, and with a view to strengthening the fire control in buildings with divided co-ownership, preventing fire and safeguarding public interests, personal safety and property safety of citizens.

　　Article 2 The term “buildings with divided co-ownership” herein refer to the buildings and their auxiliary facilities, equipment and related sites that have been completed and commissioned and are owned by multi-owners, with each co-owner owning a fraction comprising a private portion and a share of the common portions.

　　The term “house owners” herein refers to natural persons, legal persons and other organizations that are divided co-ownership holders owning a fraction comprising a private portion and sharing the ownership of the common portions with other co-owners of the building with divided co-ownership. “Non-owner users” refers to the lessees or other actual users of the privately-owned parts of buildings with divided co-ownership.

　　The term “property management entities” herein refers to the property management enterprises or project developers in charge of property management of buildings with divided co-ownership.

　　The Regulations of Guangdong Province on Property Management shall apply to the “property management enterprises” and “project developers” herein.

　　Article 3 These Rules are applicable to the fire control in buildings with divided co-ownership under the administrative areas of Guangzhou Municipality.

　　The fire control in buildings privately owned by government organs, organizations, enterprises, institutions or individuals shall be carried out in accordance with the Fire Control Law of the People’s Republic of China and other relevant laws, regulations and rules.

　　Article 4 The municipal public security organ is the competent administrative authority in charge of the fire control in buildings with divided co-ownership situated in this Municipality. And the municipal fire control institutions shall organize the implementation of these Rules under the leadership of the municipal public security organ.

　　The district fire control institutions shall, under the leadership of the district public security organs, be responsible for the implementation of these Rules under their respective jurisdictions.

　　The authorities in charge of construction, planning, land and housing management, labor, production safety supervision, meteorology and thunderbolt prevention, etc., shall assist the implementation of these Rules ex officio.

　　The district people’s governments shall legally take administrative measures to supervise and administrate fire control in all buildings with divided co-ownership within their respective jurisdictions. All sub-district offices shall, under the leadership of the sub-district people’s governments, perform the functions and duties as provided by laws, regulations and these Rules.

　　Article 5 Buildings with divided co-ownership that are under the management of property management enterprises legally entrusted by the project developer or the house owners’ association shall pass the fire control acceptance checks.

　　When transferring a building with divided co-ownership, the project developer shall hand over concurrently the drawings and other materials related to the design of such a building to the house owners’ association and the property management enterprise.

　　For buildings with divided co-ownership that have not passed the acceptance checks, the project developers shall take up the responsibility of managing the buildings with divided co-ownership and bear the expenses incurred thereby, and shall not entrust the management to any property management enterprise.

　　Article 6 House owners of buildings with divided co-ownership shall be responsible for fire control of their privately-owned portion thereof.

　　The property management enterprise shall be responsible for fire control of the common areas of buildings with divided co-ownership after taking over the management of the property.

　　The project developer shall be responsible for fire control of the common areas of buildings with divided co-ownership under its management that have not been transferred to a property management enterprise.

　　For a building with divided co-ownership that hasn’t passed the fire control acceptance check, the project developer shall bear full fire control responsibilities. For a privately-owned portion that has been transferred or leased, the house owners or non-owner users of the privately-owned portion shall bear corresponding responsibilities for fire control of the respective privately-owned or privately-used part in accordance with the law.

　　For a building with divided co-ownership that hasn’t passed the fire control acceptance check, and the management thereof has been transferred to a property management enterprise by the project developer prior to the implementation of these Rules, the property management enterprise and the project developer shall enter into agreements on the fire control responsibilities in the form of a property management entrustment contract or an affirmation of fire control responsibilities. In the absence of such agreements, the fire control responsibilities shall be borne by the project developer.

　　Article 7 Where the management of any building with divided co-ownership has been entrusted to a property management enterprise, such an enterprise shall sign an affirmation of fire control responsibilities with the house owners’ association or the project developer, or define their respective fire control responsibilities in a property management service contract specifically.

　　Where the property management of buildings with divided co-ownership is conducted by the project developer, such a project developer shall sign an affirmation of fire control responsibilities with the house owners’ association, and define their respective fire control responsibilities specifically. In case no owners’ association has been established, the project developer shall sign an affirmation of fire control responsibilities with each house owner.

　　Where the fire control responsibilities have been defined in accordance with the provisions of the two preceding paragraphs, the provisions of Articles 5, 6, 10 and 11 herein shall apply.

　　Article 8 For buildings with divided co-ownership that have not been put under property management, the house owners and non-owner users of the privately-owned portions shall, upon full negotiation over the fire control responsibilities of the common parts, set up an organization for the coordination of fire control and the fulfillment of the fire control responsibilities.

　　The sub-district offices shall organize the house owners and users of residential buildings that have not been put under property management to conduct self-management within their jurisdictions, guide house owners and users to set up organizations for the coordination of fire control, ensure the fulfillment of the fire control responsibilities, and carry out regular supervision and inspection thereof. In case of any problem found, the sub-district office shall timely issue an order for rectification; if rectification is not made, the sub-district office may report to the fire control institutions to deal with the case.

　　A sub-district office may, based on the actual needs, entrust the residents’ committee to assist house owners or users in their fulfillment of the fire control responsibilities.

　　Article 9 Where any house owner delivers his/her privately-owned portion to others for use in such forms as lease, contractual operation, or entrusted operation, the house owner shall sign an affirmation of fire control responsibilities, or define their respective fire control responsibilities with non-owner users in the related lease, contractual operation or entrusted operation contract in accordance with the provisions of Articles 6 and 11 and other articles herein. If the responsibilities are not defined, non-owner users shall be responsible therefor.

　　Article 10 The property management entities shall perform the following functions and duties for fire control:

　　(1) Setting up a sound fire control system, implementing the accountability system for fire prevention, appointing management personnel in charge of fire control of the unit, internal departments and each post thereunder, and provide fire control training for the staff of the unit;

　　(2) Carrying out publication and education for house owners or non-owner users on fire prevention, supervising, urging, and directing house owners or non-owner users to perform the fire control responsibilities;

　　(3) Setting up a voluntary fire fighting brigade composed of the staff of its own based on the actual needs, formulating contingency plans for fire fighting and emergency evacuation, and organizing regular fire drills;

　　(4) Organizing fire control inspections, and carrying out routine fire control patrols in order to eliminate hidden fire hazards promptly;

　　(5) Perfecting fire-fighting facilities and fire control signs, well equipping itself with fire-fighting equipment, organizing regular inspections, carrying out repairs and maintenance of the facilities and equipment to ensure the intactness and effectiveness thereof in accordance with the related regulations of the State;

　　(6) Maintaining evacuation passages and safety exits unobstructed;

　　(7) Other functions and duties required by law.

　　The property management entities shall render to the fire control institutions of the local public security organ the repair and maintenance records of automatic fire control facilities as prescribed in item (5) of the preceding paragraph for filing in accordance with the State’s regulations on the hierarchical fire control management. For a property management entity that is a municipal key unit on fire control, such records shall be rendered to the municipal fire control institution for filing; for any other entity, such records shall be rendered to the fire control institution in the district where the building with divided co-ownership is located.

　　Article 11 House owners and non-owner users shall fulfill the following fire control responsibilities:

　　(1) Abiding by the provisions of relevant national fire control laws, regulations and rules, as well as the house owners’ convention and the covenants on fire control responsibilities;

　　(2) Cooperating with the property management entities on fire control management to eliminate hidden fire hazards;

　　(3) Providing necessary funds for the repair, maintenance and improvement of fire-fighting facilities and equipment as per the property management service contract, the house owners’ convention, the resolutions and decisions of the house owners’ association or the house owners’ committee, or the affirmation of fire control responsibilities, etc.;

　　(4) Maintaining the fire-fighting facilities and equipment in good condition and effective that are owned or used in the privately-owned portions of buildings with divided co-ownership;

　　(5) Other responsibilities required by law or agreement.

　　Article 12 Any house owners’ association that entrusts a property management enterprise to manage its building with divided co-ownership shall, subject to the house owners’ convention, the articles of association of the house owners’ association or the affirmation of fire control responsibilities, assist the property management enterprise in supervising, urging and educating the house owners and non-owner users to fulfill the fire control responsibilities , and inspect and supervise the property management enterprise’s performance of fire control responsibilities, and put forward suggestions on rectification.

　　The fire control coordination organization established in accordance with Article 8 herein shall perform the responsibilities specified in Items (2), (4), (5) and (6) of Paragraph 1 of Article 10 and Articles 19 and 20 of these Rules.

　　Article 13 The legal representative or main responsible person of the property management entities is the responsible person for fire control, and shall be responsible for the fire control in the common portions of buildings with divided co-ownership within the scope of its management. The property management entities shall designate fire control personnel according to the actual needs to earnestly implement and organize the implementation of the fire control work.

　　The responsible person for fire control in buildings with divided co-ownership that have not been put under property management shall be the head of the fire control coordination organization established in accordance with the first paragraph of Article 8 herein.

　　The responsible person for fire control and the fire control personnel shall perform their duties in accordance with the law.

　　Article 14 The responsible person for fire control, fire control personnel and automatic fire control system operators of a property management entity shall participate in the education and training on fire control knowledge provided by the fire control institutions, and obtain the fire control training certificate issued by the fire control institutions.

　　The education and training on fire control knowledge shall be organized by the fire control institution.

　　Article 15 Where the property management entities or other house owners and non-owner users need to enter the privately-owned portions of the buildings with divided co-ownership for the purposes of fire fighting or repairing and maintaining fire-fighting facilities and equipment and other public fire control purposes, the house owners, non-owner users of the privately-owned portions shall not refuse their entrance without good reasons.

　　Article 16 No enterprise or individual may damage, misappropriate, dismantle or deactivate fire-fighting facilities and equipment, occupy or block fire-fighting truck passages and evacuation passages, or expand, renovate and decorate the common portions of buildings with divided co-ownership relating to fire control.

　　Article 17 Where, as required by national technical standards for construction fire control, expansion, renovation, interior decoration or change of intentional use that requires building fire control design on the common portions and privately-owned portions of buildings with divided co-ownership is done, the enterprise or individual undertaking the construction shall notify the property management entities, and report to the municipal/district fire control institutions and other relevant authorities for review before the commencement of the construction; after the construction is completed, the completion acceptance check of the construction project shall be organized only after it has passed the fire control acceptance check by the municipal/district fire control institutions. The fire control institutions shall publish the content, procedures, conditions, time limit, etc. of the approval and acceptance check, and shall explain the reasons if it makes a decision on refusal or failure of the acceptance check.

　　The property management entities that carry out on their own the construction mentioned in the preceding paragraph and the enterprises/individuals carrying out the construction of the buildings with divided co-ownership that have not been put under property management shall report to the fire control institutions for review and acceptance check in accordance with the provisions of the preceding paragraph.

　　The term “building fire control design” herein refers to the design of fire compartments, fire resistance performance of building structures, safe evacuation inside the buildings and various fixed fire control facilities that relates to fire control.

　　Article 18 The enterprise or individual undertaking the expansion, renovation or interior decoration shall specify in the contract concluded with the project developer the responsibilities of each party for fire control at the construction site, and inspect and urge the project developer to perform the corresponding responsibilities; if not clearly defined in the contract, the fire control responsibilities shall be borne by the project developer.

　　Article 19 The property management entities shall supervise and inspect the construction of expansion, renovation and interior decoration, urge the project developer to configure corresponding fire-fighting equipment, strengthen the management of use of fire, electricity and flammable and explosive chemicals to ensure fire control safety during the construction; if it is found that the enterprise or individual undertaking the construction violates Article 17 herein and has not gone through the acceptance check procedures with the fire control institutions, such findings shall be immediately reported to the fire control institutions.

　　Article 20 In the process of performing fire control functions and duties, the property management entities, once aware of or informed by the house owners, non-owner users or the house owners’ association of any hidden hazard to public fire control, shall promptly make rectification or take remedial measures to eliminate such a hazard.

　　When aware of any enterprise or individual breaching the provisions of Article 16 herein, the property management entities shall promptly stop it and require it to make corrections; if it fails to make corrections, the property management entities may restore the status quo ante, and the required expenses and losses caused to others shall be borne by such an enterprise or individual; if the enterprise or individual obstructs the restoration work, the property management entities may report it to the fire control institutions.

　　House owners and non-owner users, once aware of the property management entities’s non-performance or neglectful performance of its fire control responsibilities, shall have the right to ask it to make corrections; if it fails to make corrections, a complaint may be rendered to the fire control institutions.

　　Article 21 House owners and non-owner users who occupy or block fire-fighting truck passages and evacuation passages or commit other acts in violation of these Rules, thus causing fire and causing damages to other house owners and non-owner users, shall be held legally liable.

　　Article 22 Any property management entity that fails to perform the duties specified herein, thus causing fire and causing damages to other house owners and non-owner users, shall be held legally liable.

　　Once aware that the property management entity fails to perform the fire control duties and filing obligations stipulated in Articles 10, 19 and 20 herein, the fire control institutions shall give a warning and order it to make corrections within a prescribed time limit; if a crime is constituted, it shall be transferred to the judicial organ for investigating criminal liabilities.

　　Article 23 Any property management entity, project developer, house owner or non-owner user in violation of the provisions of Article 5, Paragraph (3) of Article 11, Article 16 and Article 17 herein shall be punished or disposed of in accordance with the Fire Control Law of the People’s Republic of China, the Measures of Guangdong Province for Implementing the Fire Control Law of the People’s Republic of China and other relevant regulations of Guangdong Province on property management.

　　Article 24 In addition to the functions and duties specified in Articles 22 and 23 herein, the municipal fire control institutions shall also perform the following management duties:

　　(1) Establishing and improving archives on fire control in allbuildings with divided co-ownership within the administrative areas;

　　(2) Providing business guidance for sub-district offices and property management entities on the fire control safety and the conclusion of affirmations of fire control responsibilities;

　　(3) Replying to or dealing with reports, complaints and tip-offs on fire control matters in a timely manner;

　　(4) Regularly supervising and inspecting the fire control situation of all buildings with divided co-ownership, making inspection records, and demanding prompt rectification in case of any hidden fire hazard found;

　　(5) Paying close attention to the fire prevention work in buildings with divided co-ownership that have not passed the fire control acceptance check, and urging the project developer to go through the fire control acceptance check procedures, formulating special measures, and strengthening supervision and inspection;

　　(6) Other functions and duties stipulated by law.

　　Article 25 If a staff member of a fire control institution commits any of the following acts during the fire control of buildings with divided co-ownership, he/she shall be given administrative sanctions by the institution he/she works in or the public security organ managing the institution; if a crime is constituted, criminal liabilities shall be investigated and affixed according to law:

　　(1) Failure to perform the review and acceptance check duties provided in Article 17 herein;

　　(2) Failure to perform the duties stipulated in Articles 22 and 23 herein;

　　(3) Failure to perform management duties specified in Article 24 herein;

　　(4) Other acts of abuse of power, dereliction of duty, and favoritism.

　　Article 26 These Rules shall come into force on March 1, 2003.

　　Annex:

　　1. Some provisions on key fire control sites and key fire control matters as provided in the Rules on the Fire Control of State Organs, Organizations, Enterprises and Institutions released by the Ministry of Public Security (supplementary to Article 10 herein)

　　Article 13 The following sites are key fire control sites and shall be subject to strict management in accordance with these Rules:

　　(1) Shopping malls (markets), hotels (restaurants), stadiums (gymnasiums), auditoriums, public recreation venues and other places where the public gather (hereinafter collectively referred to as “public gathering places”);

　　(2) Hospitals, resthomes and boarding schools, nurseries and kindergartens;

　　(3) Governmental organs;

　　(4) Radio stations, television stations and postal and communication hubs;

　　(5) Depots of passengers, wharves, and civil airports;

　　(6) Public libraries, exhibition halls, museums, archives and cultural relics control safety units with fire danger;

　　(7) Power plants (stations) and enterprises undertaking power grid operation;

　　(8) Entities undertaking the production, filling and loading, storage, supply and sale of inflammable and explosive chemicals;

　　(9) Labor-intensive production and processing enterprises of clothing and shoemaking;

　　(10) Key scientific research institutions; and

　　(11) Other entities with high risk of fire and those where major casualties and deaths or heavy loss of properties may occur in the event of a fire.

　　High-rise office buildings (or commercial buildings) or apartment buildings and other high-rise public buildings, urban subways, underground sightseeing tunnels and other traffic tunnels of underground public buildings and major urban traffic tunnels, large warehouses and yards for storing grain, cotton, timber and general commodities in a centralized way, and construction sites of key projects at the state or provincial level shall exercise strict fire control measures in accordance with the requirements of these Rules for the key fire control sites.

　　2. Relevant punishment provisions as provided in the Fire Control Law of the People’s Republic of China and Measures of Guangdong Province for Implementing the Fire Control Law of the People’s Republic of China (supplementary to Article 23 herein)

　　I. Fire Control Law of the People’s Republic of China

　　Article 40 Any unit that violates the provisions of this law and commits any of the following acts shall be ordered to make corrections within a prescribed time limit; those who do not make corrections within the prescribed time limit, shall be ordered to stop construction, stop use of buildings or stop production or business, and may be imposed a fine simultaneously:

　　(1)Commencing the construction when the fire control design of the construction project has not gone through/passed the review by the fire control institutions;

　　(2)Using the completed construction project that requires fire control design according to law without going through/passing the fire control acceptance check;

　　(3)Using or opening for business at the public gathering place without going through/passing the fire control acceptance check.

　　Any entity commits any of the acts specified in the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph, and the person in charge directly responsible and other persons directly responsible shall be given a warning or imposed a fine.

　　Article 48 Anyone who violates the provisions of this Law and commits any of the following acts shall be given a warning or a fine:

　　(1)Instigating or forcing others toconduct operation at risk in violation of fire control rules, which has not caused serious consequences;

　　(2)Burying, enclosing fire hydrants, or occupying fireprevention space, blocking fire control passageway, or damaging and arbitrarily misappropriating, dismantling and deactivating fire control facilities and equipment;

　　(3)Failing to remove a major fire hazard after being notified by fire control institutions.

　　Any unit commits any act specified in the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph, and the person in charge directly responsible and other persons directly responsible shall be given a warning or imposed a fine.

　　Those who have committed any of the acts specified in Item 2 of the first paragraph, shall be further ordered to make restoration or compensate the losses within a prescribed time limit; for those who do not make the restoration after the prescribed time limit, a forcible dismantlement or removal shall be made at the expense of the person(s) with illegal acts.

　　II. Measures of Guangdong Province for Implementing the Fire Control Law of the People’s Republic of China

　　Article 26 For any unit subject to a fine due to violation of the provisions of Items 1 and 2, Paragraph 1, Article 40, and Article 42 of the Fire Control Law, the fine shall be 1.5% of the estimated project budget; the person in charge directly responsible and other persons directly responsible shall be imposed a fine of not less than RMB 2,000 and not more than RMB 30,000.

　　Article 31 For any unit subject to a fine due to violation of the provisions of Article 48 of the Fire Control Law, the fine shall be between RMB 10,000 and RMB 100,000; the person in charge directly responsible and other persons directly responsible shall be imposed a fine of not less than RMB 2,000 and not more than RMB 30,000.