The civil code clearly stipulates that the relationship between the property service enterprise and the owner belongs to the entrustment relationship, and the rights and obligations of the property service enterprise are mainly agreed in the entrustment contract (except the legal main obligations).
The height of civil buildings in the county should match the fire rescue capacity.
For the rectification of fire safety, it only punishes the property service enterprise.
However, Article 18 of the fire law stipulates that it is a legal obligation for property service enterprises in residential areas to provide fire safety prevention services, and there are some differences in this department.
” In June 2021, the national development and Reform Commission issued the notice on strengthening the management of infrastructure construction projects to ensure the safety and quality of projects.
However, due to the influence of many factors, the fire safety response ability can not meet the building needs of all regions, resulting in difficulties in fire safety prevention and rescue.
It can be seen that the promulgation of the regulations is conducive to improving the level of socialized fire safety management and reducing the burden on property service enterprises.
In this case, property service enterprises bear greater pressure.
The author compares the contents of the rules in 1986 and 1992 and summarizes the far-reaching significance of the provisions to modern property services.
However, in the process of practical management, the property service enterprise is often in a passive position, mainly in the following points: first, the property service enterprise provides services due to the entrustment of the owner, In the process of property management, the property service enterprise cannot forcibly stop the owner who violates the regulations on fire safety management or the laws; Second, the competent fire department is lazy and does not act.
In such a property management environment, increasing the difficulty of property management and property service responsibilities can not fundamentally solve the problem of fire safety.
On the basis of clarifying the responsibility subject of high-rise buildings, the provisions add provisions that property service enterprises, fire technical service institutions and other professional service units can accept entrustment to provide fire safety services, and clearly stipulate that “the specific contents of fire safety services shall be agreed in the service contract”.
Fire safety assessment has been mentioned in many normative documents in recent years, but it is the first time in legal norms.
Promote the application of intelligent means to monitor and warn the electrical and gas fire safety and the operation of fire-fighting facilities; Encourage high-rise residential buildings without automatic fire-fighting facilities to install fire alarm, sprinkler system, fire emergency broadcasting and other fire-fighting facilities according to local conditions, so as to improve the ability of self prevention and self rescue.
The second is to comprehensively carry out labeling management《 The regulations specify that suggestive and warning signs shall be set at fire truck passages, fire truck climbing operation sites, fire fighting and rescue windows, fire pump adapters, normally closed fire doors, etc.
According to this article, if the fire service enterprise accepts the entrustment to provide fire services, it must clarify the responsibilities of fire safety management in the service contract.
This is undoubtedly binding the security obligation to the property service enterprises..
It can be seen that China will control the generation of new fire safety hazards by controlling the number of high-rise buildings, which also reflects to a certain extent that the mismatch between fire rescue capacity and fire safety requirements of high-rise buildings has become the biggest hidden danger of fire safety of high-rise buildings.
During the rectification, the fire department does not participate in helping solve the problem of difficult use of special maintenance funds; Third, after most fire safety accidents, the owners appealed to the property service enterprises for civil compensation, and the courts basically supported the owners’ appeals.
If the property management is entrusted, the content of fire safety services can be agreed in the contract, which naturally includes the scope of services, obligations of the owner and user, cost bearing, fire responsibility bearing, etc.
Fourth, articles 37 and 47 of the provisions have added provisions on punishment for parking electric bicycles in high-rise evacuation walkways, staircases and emergency exits.
The regulations on strengthening the supervision and management of fire safety of high-rise buildings summarize the lessons of fire accidents in high-rise buildings in recent years, and refine and clarify the key parts, special places and daily fire safety management key links of fire and power consumption in combination with the requirements of current laws, regulations and fire technical specifications《 The regulations also clearly stipulates to strengthen the means of announcement and publicity, refine the management of fire-fighting facilities, strengthen the awareness of insurance, encourage the construction of intelligent systems, and increase penalties to strengthen the supervision and management of high-rise buildings, mainly in the following aspects: first, publicize the name, position and fire safety management responsibilities of fire safety managers in prominent positions of buildings.
In May 2021, the Ministry of housing and urban rural development and other 15 departments issued the opinions on strengthening green and low-carbon construction in the county, which pointed out: “limit the height of civil buildings in the county.
It does not deal with the owner’s violations affecting fire safety in time.
writing / Zhou Huabin (Deputy Secretary General of the legal and Policy Working Committee of China Property Management Association and chairman of fayan Yunlv network group) the regulations on fire safety management of high-rise civil buildings (hereinafter referred to as the “Regulations”) which came into force on August 1, 2021, It is an important normative document for the fire safety management of high-rise buildings after the fire management rules of high-rise buildings issued and implemented by the Ministry of public security in 1986 and the fire management rules of high-rise residential buildings issued and implemented in 1992《 Once the regulations were promulgated, they have aroused widespread concern throughout the country.
Fourth, it is clear that a safety assessment system should be established for high-rise buildings.
Highlight the fire safety responsibility of property service enterprises.
In recent years, China’s construction technology level has been continuously improved, and the construction of high-rise and super high-rise buildings is no longer a problem.
At the same time, the regulations specify the allocation, qualification and skill requirements of personnel on duty in the fire control room.
At the same time, in combination with Article 18 of the fire protection law, “the property service enterprise in the residential area shall maintain and manage the common fire-fighting facilities in the management area and provide fire safety services”.
First, according to Article 4 of Chapter II of the provisions, it is clear that the main responsibility for fire safety of high-rise buildings is the owner and property user.
Article 10 further clarify the fire safety responsibilities of fire service units of high-rise residential buildings.
High rise buildings shall carry out fire safety assessment at least once a year, and make clear provisions on the contents of fire safety assessment report.
Fifth, encourage insurance《 The regulations encourage and guide owners and users of high-rise public buildings to take out fire public liability insurance.
In this context, the state has issued a number of policies to ensure fire safety.
Third, Articles 11, 12 and 13 of the provisions stipulate that fire rescue institutions, other institutions responsible for fire supervision and inspection, village / neighborhood committees, power supply, water supply, gas supply, heating and other units have their own fire maintenance responsibilities, reducing the responsibilities of property service enterprises.
Second, according to Articles 5, 7 and 10 of the provisions, property service enterprises can choose whether to accept the entrustment of fire safety or not.
The notice clearly mentioned that for buildings above 100m, the seismic fortification approval system for out of gauge high-rise buildings should be strictly implemented, which is appropriate to the urban scale and spatial scale, and matched with the fire rescue capacity.
On the contrary, it is a vicious circle, leading to the continuous occurrence of fire safety accidents《 The promulgation of the regulations is conducive to reducing the burden on property service enterprises.
The third is to refine the daily maintenance management of fire-fighting facilities and equipment《 The regulation specifies the frequency and specific contents of fire prevention inspection and patrol of high-rise buildings, and stipulates that the owners, users or property service enterprises of high-rise civil buildings who do not have the ability of independent maintenance and detection shall hire fire protection technical service institutions or fire protection facility construction and installation enterprises with professional conditions to maintain and detect building fire protection facilities.