"Forest Fire Prevention Ordinance"

"Forest Fire Prevention Ordinance"

2006-7-3

                               Chapter One General Provisions

Article 1 In order to effectively prevent and fight forest fires, protect forest resources, promote forestry development, and maintain natural ecological balance, these regulations are formulated in accordance with the relevant provisions of the "Forest Law of the People's Republic of China".

Article 2 The term “forest fire prevention” mentioned in these Regulations refers to the prevention and fire fighting of forest, forest and woodland fires. These regulations apply to all forest fire prevention work except for urban areas.

Article 3 The policy of "prevention first and active elimination" shall be adopted in forest fire prevention work.

    The state actively supports scientific research on forest fire prevention, and promotes and uses advanced science and technology.

Article 4 The administrative leadership responsibility system of the people's governments at all levels shall be implemented for forest fire prevention work.

　　The forestry authorities at all levels are responsible for the important responsibility of forest fire prevention. All units in the forest area must implement the responsibility system of department and unit leaders under the leadership of the local people's government.

Article 5 Preventing and fighting forest fires and protecting forest resources are the obligations of every citizen.

                               Chapter II Forest Fire Prevention Organization

Article 6 The State establishes the Central Forest Fire Prevention Headquarters, its responsibilities are:

　　 (1) Inspect and supervise the implementation of the national guidelines, policies, regulations and major administrative measures for forest fire prevention in various regions and departments, and guide the forest fire prevention work in various places.

    (2) Organize relevant regions and departments to carry out major forest fire fighting and rescue work.

　(3) Coordinate and resolve major issues related to forest fire prevention among autonomous regions, municipalities and departments;

(4) Decide on other major matters related to forest fire prevention.

The office of the Central Forest Fire Prevention Headquarters is located in the competent forestry department of the State Council.

Article 7 The local people's governments at all levels shall, in accordance with actual needs, establish forest fire prevention headquarters with relevant departments of the FSC forest certification organization and the local garrison to be responsible for forest fire prevention in their respective regions. The forest fire prevention headquarters at or above the county level shall set up an office with full-time cadres to be responsible for daily work.

　The main responsibilities of the local forest fire prevention headquarters at all levels are:

(1) Carry out the national forest fire prevention measures and policies, and supervise the implementation of these regulations and related laws and regulations;

(2) Carry out forest fire prevention publicity and education, formulate forest fire prevention measures, and organize the masses to prevent forest fires;

(3) Organize forest fire safety inspections to eliminate hidden fire hazards.

　(4) Organize scientific research on forest fire prevention, promote advanced technology, and train forest fire prevention professionals;

　(5) Inspect the planning and construction of forest fire prevention facilities in the region, and organize relevant units to maintain and manage fire prevention facilities and equipment;

　　(6) To grasp the dynamics of fire conditions, formulate preparation plans for fire suppression, and organize and direct forest fire suppression in a unified manner;

　(7) Cooperate with relevant mobile investigations and handle forest fire cases;

(8) Carry out forest fire statistics and establish fire files.

Where there is no forest fire prevention headquarters, the forestry authority at the same level shall perform the duties of the forest fire prevention headquarters.

Article 8. State-owned forestry enterprises and institutions, troops, railways, farms, industrial and mining enterprises, nature reserves and other enterprises and institutions in forest areas, as well as villages and collective economic organizations, shall establish corresponding forest fire prevention organizations in the local people’s government. Under the leadership, responsible for the forest fire prevention work within the system and the unit.

The principle of combining the mobilization of the masses with professional teams is implemented in forest fire fighting. All units in the forest area should establish mass fire fighting teams and pay attention to strengthening training and improving their quality. State-owned forestry bureaus and forest farms must also organize professional fire fighting teams.

Article 9 In the forest area at the junction of administrative regions, the relevant local people's government shall establish a forest fire prevention joint prevention organization, agree on the lead unit, determine the joint prevention area, stipulate the joint prevention system and measures, and inspect and supervise the forest fire prevention work in the joint prevention area.

Article 10 Local people's governments at various levels and state-owned forestry enterprises and institutions may, according to actual needs, establish forest fire prevention workstations, checkpoints and other fire prevention organizations in forest areas, with full-time personnel. The establishment of forest fire prevention checkpoints shall be approved by the local people's government at or above the county level or by its authorized unit. Forest fire checkpoints have the right to conduct fire check on vehicles and personnel entering the mountain.

Article 11 The state and the people's governments of provinces and autonomous regions shall, according to actual needs, carry out aerial forest protection in large areas of state-owned forest areas, strengthen the profiteers of armed forest police forces, and gradually improve the level of professionalization and modernization of forest fire prevention.

Article 12 Forests and grassroots units in forest areas shall be equipped with part-time or full-time forest guards.

The specific responsibilities of forest rangers in forest fire prevention are: patrolling forests, managing wild fires, reporting fires in a timely manner, and assisting relevant agencies in investigating and handling forest fires.

                              Chapter III Prevention of Forest Fires

Article 13 The local people's government shall organize the delimitation of forest fire prevention areas, determine the responsible units for forest fire prevention, establish a forest fire prevention responsibility system, and conduct regular inspections.

A military-civilian joint defense system should be established in forest areas.

Article 14 People's governments at all levels shall organize regular forest fire prevention publicity and education, and do a good job in forest fire prevention.

    Local people’s governments at or above the county level shall stipulate the period of forest fire prevention in accordance with the natural conditions and laws of fire occurrence in the region; when high temperature, drought, strong wind and other high fire risks occur during the period of forest fire prevention, they may delimit forest fire prevention and martial law zones and stipulate forest fire prevention. Fire martial law period.

Article 15 During the forest fire prevention period, it is forbidden to use fire in the wild in the forest area; if it is necessary to use fire due to special circumstances, the following regulations must be strictly observed:

(1) The production of fires such as burning wasteland, burning grasslands, burning ash and manure, burning ridges, burning straw and barley, burning mountains for afforestation, and burning fire barriers must be approved by the county-level people's government or a unit authorized by the county-level people's government. Fire license for production.

If the fire is approved for production, a special person must be responsible, open the fire isolation belt in advance, prepare fire fighting tools, and use the fire in an organized manner in the weather below the third wind to prevent fire.

(2) Those who enter the forest area must hold a certificate of entry into the forest area issued by the local forestry authority or above or its authorized unit.

　　The personnel engaged in forest sideline production shall move in the area designated by the locality, choose a safe place to use fire, and set up fire barriers around it. After using the fire, the remaining fire must be completely extinguished.

(3) Those who enter the forest management area of a state-owned enterprise or public institution must hold a forest area entry certificate issued by the forest management unit authorized by the provincial forestry authority.

Article 16 During the forest fire prevention period, various motor vehicles operating in and passing through the forest area must be equipped with fire prevention devices and other effective measures must be taken to prevent fires from leaking, erupting, and falling off of locomotive brake shoes. For passenger trains and buses running in forest areas, drivers and passengers must educate passengers on fire safety and prevent passengers from discarding fire.

　In areas where there is a risk of fire along the railway, the responsible unit for forest fire prevention shall set up fire isolation belts and be equipped with patrol personnel to do a good job in patrolling and extinguishing fires.

　Personnel who operate machinery and equipment in the wild in the forest area must abide by the fire safety operating regulations to prevent fire.

Article 17 During the forest fire prevention period, it is prohibited to use firearms for hunting in forest areas; conduct live ammunition exercises, blasting, surveying and construction activities must be approved by the forest management unit authorized by the provincial forestry authority, and fire prevention measures must be taken to ensure that Prepare for fire fighting.

Article 18 During the period of forest fire prevention and martial law, all wild fires are strictly prohibited in forest areas, and the machinery that may cause forest fires and residential fires shall be strictly controlled.

Article 19 People's governments at all levels shall organize relevant units to construct forest fire prevention facilities in forest areas in a planned way:

(1) Setting up a fire lookout;

　(2) Establish fire isolation belts or build fire forest belts around the inside of national boundaries, forests, forest margins, villages, industrial and mining enterprises, warehouses, schools, military barracks, important facilities, historical sites, and revolutionary memorial sites;

　　(3) Equipped with fire-resistant transportation vehicles, fire detection and fire-extinguishing equipment and communication equipment, etc.;

　　 (4) In key forest areas, build fire-proof roads and build fire-proof material storage warehouses.

 　　For the development of forest areas and afforestation, the construction plan of forest fire prevention facilities shall be formulated and implemented simultaneously.

Article 20 The forest fire prevention headquarters or forestry authorities of provinces, autonomous regions, and municipalities directly under the Central Government shall establish a management system for the use of special forest fire prevention vehicles, equipment, equipment and facilities, and conduct regular inspections to ensure the needs of fire prevention and fire fighting.

Article 21 The meteorological department and the forestry authority shall jointly establish forest fire risk monitoring and forecasting stations (points). Meteorological departments at all levels shall, in accordance with the requirements of forest fire prevention, do a good job in monitoring and forecasting forest fire-risk weather, and in particular, do a good job in high-fire-risk weather forecasting. Newspapers, radio, and television departments shall issue forest fire risk weather forecasts and high fire risk weather warnings in a timely manner.

                               Chapter IV Extinguishing Forest Fires

Article 22 Once any unit or individual discovers a forest fire, it must immediately put it out and report it to the local people's government or forest fire prevention headquarters in a timely manner.

　　 After receiving the report, the local people's government or forest fire prevention headquarters must immediately organize the local military and civilians to put out the fire, and at the same time, report it to the provincial forest fire prevention headquarters or forestry authority level by level.

　　 The provincial forest fire prevention headquarters or the forest management department shall immediately report the following forest fires to the Central Forest Fire Prevention Headquarters Office:

　　 (1) Forest fires near the national border;

　　 (2) Major and extraordinarily large forest fires;

　　 (3) Forest fires that caused more than one death or more than three serious injuries;

　　 (4) Forest fires that threaten residential areas and important facilities;

　　 (5) Forest fires that have not extinguished the open fire within 24 hours;

　　 (6) Forest fires in undeveloped virgin forest areas;

　　 (7) Forest fires that are dangerous in the border areas of provinces, autonomous regions, and municipalities directly under the Central Government;

　　 (8) Forest fires that require central support to fight the fire.

Article 23 Extinguishing forest fires shall be organized and directed by the local people's government or forest fire prevention headquarters. Units and individuals that receive the fire fighting order must rush to the designated place and put in the fire fighting.

　　 Fighting forest fires shall not mobilize disabled guards, pregnant women and children to participate.

Article 24 When fighting forest fires, the meteorological department shall make good weather forecasts related to the fire; railway, transportation, civil aviation and other departments shall give priority to providing means of transportation; the post and telecommunications department shall ensure the smooth flow of communication; the civil affairs department shall make proper arrangements Disaster victims; public security departments should promptly investigate and deal with forest fire cases and strengthen public security management; commerce, supply and marketing, food, materials, and health departments should do a good job in material supply and medical rescue.

Article 25 After the forest fire is extinguished, the fire scene must be thoroughly inspected, the remaining fires must be cleaned up, and sufficient personnel should be left to guard the fire scene. The guards can only be withdrawn after the inspection and acceptance by the local people's government or the forest fire prevention headquarters.

Article 26. State employees (including contract workers and temporary workers, the same below) injured, disabled or sacrificed as a result of fighting forest fires shall be given medical treatment and compensation by their units; non-state employees shall be provided by the fire unit in accordance with the relevant authorities of the State Council. Departmental regulations provide medical care and pensions. If the fire unit is not responsible for the fire or is indeed unable to afford it, the local people's government shall provide medical treatment and compensation.

Article 27 Expenses for fire fighting shall be paid in accordance with the following provisions:

　(1) The wages and travel expenses of national employees during the fire fighting period shall be paid by their units;

(2) Living subsidies for national employees during the period of fire fighting, and allowances for lost work and living allowances for non-national employees during the period of fire fighting, and other expenses consumed during the fire fighting period shall be in accordance with the standards set by the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government. , Paid by the unit or individual who caused the fire; if the cause of the fire is unclear, paid by the unit that caused the fire;

　　(3) The local people's government shall pay the part of the expenses referred to in Item 2 of this Article that the unit that caused the fire, the individual or the unit that caused the fire that is indeed unable to pay.

                               Chapter 5 Forest Fire Investigation and Statistics

Article 28: Forest fires are divided into:

(1) Forest fire alarm: the affected forest area is less than one hectare or other forest land caught fire;

　　 (2) General forest fires: the area of the affected forest is more than one hectare but less than one hundred hectares;

　　 (3) Major forest fires: the area of the affected forest is more than 100 hectares but less than 1,000 hectares;

　　 (4) Extraordinarily large forest fires: The area of affected forest is more than 1,000 hectares.

Article 29 After a forest fire occurs, the local people’s government or the forest fire prevention headquarters shall promptly organize relevant departments to determine the time, location, cause, perpetrator of the fire, the area and accumulation of the affected forest, the fire fighting situation, material consumption, and other information. Investigate economic losses, personal injuries, and impacts on the natural ecological environment and record them in the archives.

For the forest fires listed in items 1 to 3 of paragraph 3 of Article 22 of these Regulations, as well as forest fires that burn into residential areas, burn down important facilities, or cause other major losses, the provincial forest fire prevention headquarters or the competent forestry authority shall establish a special File, report to the Central Forest Fire Prevention Headquarters Office.

Article 30 The local forest fire prevention headquarters or forestry authorities at various levels shall, in accordance with the requirements of the forest fire statistics report form, conduct forest fire statistics and report them to the superior authorities and the statistics departments at the same level. The forest fire statistics report form shall be formulated by the competent forestry department of the State Council and reported to the national statistics department for the record.

                               Chapter VI Rewards and Punishments

Article 31 Units and individuals with the following deeds shall be rewarded by the people's government at or above the county level:

　　 (1) Strictly implement forest fire prevention laws and regulations, effective prevention and rescue measures, and no forest fires have occurred in the administrative region or forest fire prevention area for more than three consecutive years;

　　(2) In the event of a forest fire, those who take effective measures in time and actively organize fire-fighting, or play an exemplary and leading role in fighting forest fires, and have made remarkable achievements;

　　 (3) If a forest fire is discovered, report it in time and try its best to put it out to avoid causing major losses;

　　 (4) When arson is discovered, stop or report it in time;

　　 (5) Contributed in investigating forest fire cases;

　　(6) It was created in the scientific research of forest fire prevention;

　　(7) Those who have been engaged in forest fire prevention work for more than 15 years and have achieved success in their work.

Article 32 Anyone who commits one of the following items di one to four shall be fined or warned from 10 yuan to 50 yuan; for the fifth behavior, a fine or warning of 50 yuan to 100 yuan shall be imposed; Anyone who commits the sixth act shall be ordered to renew the afforestation within a time limit, compensate for the losses, and may also impose a fine of 50 to 500 yuan:

　(1) During the forest fire prevention period, smoking or casual use of fire in the wild without causing any loss;

　(2) Entering the forest area without authorization in violation of these regulations;

　　(3) Use motor vehicles and mechanical equipment in violation of these regulations;

　　 (4) There is a hidden forest fire hazard, which shall not be eliminated upon notification by the forest fire prevention headquarters or the competent forestry authority;

　　 (5) Not satisfied Following the command of the fire fighting command organization or delaying the timing of fire fighting, affecting fire fighting and disaster relief;

　　 (6) Forest fire caused by negligence has not yet caused major losses.

　　 Regarding the person responsible for one of the acts listed in the preceding paragraph or the person who has committed negligence in forest fire prevention work, he may also be given administrative sanctions by his unit or the competent authority, depending on the circumstances and the consequences of the hazard.

Article 33 The administrative penalties stipulated in Article 32 shall be decided by the competent forestry department at or above the county level or by its authorized unit.

If the party is dissatisfied with the administrative penalty decision made by the forestry authority or its authorized unit, he may file a suit in a people’s court within one month from the date of receiving the notice of the penalty. The unit may apply to the people’s court for compulsory execution.

Article 34 Violation of forest fire prevention management shall be detained in accordance with the Regulations of the People’s Republic of China on Public Security Administration Punishments, the decision shall be made by the public security organ; if the circumstances and consequences are serious and constitute a crime, the judicial organ shall pursue criminal responsibility in accordance with the law.

                              Chapter VII Supplementary Provisions

Article 35 The forest areas referred to in these Regulations shall be designated by the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government in accordance with the actual local conditions, and shall be reported to the competent forestry department of the State Council for the record.

Article 36 The competent forestry department of the State Council is responsible for the interpretation of these regulations.

Article 37 The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may formulate implementation measures in accordance with these regulations and in light of local actual conditions.

Article 38 These Regulations shall come into force on March 15, 1988