Recently, many organizations and businesses, especially those with foreign investments, have encountered difficulties and obstacles in the process of implementing fire prevention and firefighting (PCCC) regulations, particularly with regards to fire-resistant paint used in construction projects. As the state management agency for fire prevention and firefighting, what actions has the Fire Prevention, Firefighting and Rescue Police Department taken in response to these challenges?
Fire Prevention, Firefighting and Rescue Police Department: In the past period, the Fire Prevention, Firefighting and Rescue Police Department has been proactive and actively monitoring the situation, understanding the difficulties and obstacles faced by businesses in implementing fire prevention and firefighting (PCCC) regulations, especially foreign-invested enterprises, notably those from South Korea, Japan, and others.
To gain specific information and resolve the challenges, the Fire Prevention, Firefighting and Rescue Police Department has conducted direct meetings and exchanges with some embassies and business associations (from South Korea, Japan) that have encountered difficulties and obstacles.
Through these exchanges, the Fire Prevention, Firefighting and Rescue Police Department has identified that the main reasons behind the aforementioned difficulties are due to the lack of timely awareness of PCCC regulations by consulting units and investors, as well as selecting contractors with limited capabilities, leading to inadequate compliance with the regulations.
During the working sessions, the Fire Prevention, Firefighting and Rescue Police Department has provided the following general guidance:
For projects or constructions that have been issued a Certificate of Fire-resistant Paint Inspection in accordance with Decree 79/2014/ND-CP (before January 10, 2021), they may continue to use the inspection results for conducting fire protection acceptance for the projects or constructions as prescribed.
For projects or constructions that submit design documents and undergo approval after the effective date of Decree 136/2020/ND-CP (from January 10, 2021), they must have fire-resistant design documents for the load-bearing structures of the constructions. These design documents serve as the basis for selecting fire protection solutions for the structures (using fire-resistant paint, fire-resistant mortar, fire-resistant cladding, or any other fire-resistant materials, and the implementation methods) following the standards, design criteria, or collection of data serving the design as prescribed.
The investors shall submit fire-resistant design documents, the orientation of fire protection solutions for the construction structures, and other components of the design documents as required by Decree 136/2020/ND-CP to the competent Fire Prevention, Firefighting and Rescue Police Department for approval in accordance with the regulations.
Based on the tested and certified sample results of the structures, the contractors shall implement the fire protection covering for the load-bearing structures of the constructions following the design documents and conduct fire protection acceptance as prescribed.
For specific cases, the Fire Prevention, Firefighting and Rescue Police Department requests the investors to provide detailed fire protection design documents for the constructions so that all parties can find suitable solutions, comply with fire prevention and firefighting regulations, and expedite the utilization of the constructions.
In addition, the Fire Prevention, Firefighting and Rescue Police Department has also issued documents to review cases of foreign-invested businesses facing similar difficulties and obstacles nationwide. Through this process, a specific list of such cases has been compiled, and plans have been made to urgently coordinate with local police authorities to resolve these difficulties and obstacles for businesses nationwide in the coming time.
Recently, within just 18 months, the Ministry of Construction has issued 03 Fire Prevention and Firefighting Standards, which have caused difficulties for the public when implementing them. Therefore, we request the Fire Prevention, Firefighting and Rescue Police Department to provide detailed information regarding this matter?
Fire Prevention, Firefighting and Rescue Police Department: On April 6, 2020, the Ministry of Construction issued Circular No. 01/2020/TT-BXD regarding the issuance of the National Technical Regulation QCVN 06:2020/BXD on Fire Safety for Buildings and Structures, replacing QCVN 06:2010/BXD and taking effect from July 1, 2020.
During its implementation, it became evident that there were certain points that were not practical. Therefore, on May 19, 2021, the Ministry of Construction issued Circular No. 02/2021/TT-BXD on the issuance of the National Technical Regulation QCVN 06:2021/BXD (replacing QCVN 06:2020/BXD).
Furthermore, on November 30, 2022, the Ministry of Construction continued to issue Circular No. 06/2022/TT-BXD on the issuance of QCVN 06:2022/BXD (replacing QCVN 06:2020/BXD). The content of QCVN 06:2022/BXD contains several points aimed at easing the implementation of some challenging fire prevention and firefighting regulations that businesses were facing, such as:
Reducing the fire resistance requirements for fire partitions, glass walls, and glass doors: The previous regulations required fire partitions to achieve EI 60 fire resistance, while glass walls and glass doors needed to meet EI fire resistance limits. However, QCVN 06:2022/BXD allows fire partitions to achieve EI 60, EI 30, EI 15 (3 types), and glass walls and glass doors only need to meet the EW fire resistance limit (which is easier to achieve and more suitable for glass products).
Reducing the fire resistance requirements for buildings, especially for industrial manufacturing buildings. For instance, under the previous QCVN 06:2021/BXD regulations, for an industrial manufacturing building of grade C, if it was a single-story building, the maximum allowed fire compartmentation was 5200m2; for a two-story building, the maximum allowed fire compartmentation was 3500m2. However, in QCVN 06:2022/BXD, a single-story building is allowed to have fire compartments of up to 25,000 m2, and a two-story building is allowed to have fire compartments of up to 10,400 m2, with only requiring fire resistance levels III, IV corresponding to the fire resistance limits of the load-bearing structures being 45 minutes or 15 minutes, making it easier to implement fire protection measures for the load-bearing structures.
· Reducing the requirements for fire resistance limits of non-load-bearing external walls, as stipulated in Table 4, Appendix E. Previously, all projects were required to have fire resistance limits for external walls (glass), which caused difficulties in construction investment and expenses.
· Currently, QCVN 06:2022/BXD has specific regulations that significantly reduce the cases where fire resistance limits are required. Moreover, if the projects have already ensured a safe fire safety distance, there is no requirement for fire resistance limits for this structure.
· Reducing the requirements for fire safety distances. For projects that do not meet the requirements for fire safety distances, there are now multiple alternative fire prevention solutions, such as using fire partitions, fire-resistant structures, and additional installation of automatic fire extinguishing systems.
· Adding regulations to allow for some cases where only one escape route (staircase) is required or where escape staircases can be left open.
· Reducing the requirements for equipping external fire-fighting water supply systems for mountainous and rural areas, as well as smaller-scale projects.
In this way, during the implementation of fire prevention and firefighting regulations, the Ministry of Construction and the Ministry of Public Security have continuously welcomed feedback from the public to amend and supplement the provisions of the Standards, contributing to ensuring fire safety and providing favorable conditions for businesses in their production and business activities.
The process of issuing the Standards includes accompanying transitional provisions to provide clearer guidance for organizations, businesses, and citizens in implementing the regulations, making the process smoother and less burdensome.
The regulations that require fire protection for structures (such as using fire-resistant paint, fireproof mortar, etc.) and the mandatory inspection of the construction by the Ministry of Public Security pose challenges for businesses and citizens during implementation?
The Fire Police Department and the National Committee for Search and Rescue: To address the above question, we need to analyze specific issues as follows:
Firstly, whether the structures in the building need to be fire protected or not, and why, as stipulated in which documents?
On April 6, 2020, the Ministry of Construction issued Circular No. 01/2020/TT-BXD regarding the adoption of the National Technical Standard QCVN 06:2020/BXD on Fire Safety for Buildings and Constructions, replacing QCVN 06:2010/BXD, and it became effective from July 1, 2020.
According to this standard, in the design of buildings, structural solutions and space planning must be implemented to ensure that the building maintains overall stability and shape integrity during a certain period in case of fire. This is specified by the fire resistance rating of the building.
Table 4 of the QCVN 06:2020/BXD standard (Article 2.6.2) sets the minimum fire resistance rating required for each structural component of the building, corresponding to the fire resistance rating of the entire construction.
Therefore, the requirements regarding the fire resistance rating of the main load-bearing structures in the construction are stipulated in the Standard QCVN 06:2020/BXD (this content is also continued in the standards QCVN 06:2021/BXD, QCVN 06:2022/BXD). The Fire Police Department and the National Committee for Search and Rescue have not introduced new regulations. Furthermore, the guidance for businesses to comply with these regulations has been implemented since the effective date of the mentioned standards (July 2020).
Secondly, there are various measures to protect the structural components of a building from fire, and it is not strictly required that the steel structures of industrial warehouses must use fire-resistant paint?
According to the regulations in the Standard QCVN 06:2020/BXD, QCVN 06:2021/BXD, QCVN 06:2022/BXD (referred to as Standard 06) and research documents on fire safety for building structures, there are several fire protection solutions for load-bearing structures, such as steel structures in projects. Currently, the investors and construction contractors have the flexibility to choose from different options, for example:
· Implementing protection measures using typical fire-resistant materials, as guided in Appendix F of the Standard QCVN 06:2020/BXD (or QCVN 06:2021/BXD, QCVN 06:2022/BXD).
· Utilizing active fire protection solutions, such as sprayed or troweled protection layers (fire-resistant mortar), or protective cladding (gypsum board, fire-resistant panels).
· Employing passive fire protection measures (fire-resistant paint).
· Utilizing cooling techniques (using water or solutions).
· Using special materials with fire-resistant properties or alternative materials.
Thus, it is not mandatory to use fire-resistant paint for all projects and constructions. However, in practice, some investors and contractors may choose to use fire-resistant paint for the convenience of construction, ensuring aesthetics, and meeting specific project requirements.
However, not all building structures can use fire-resistant paint, and not all fire-resistant paint products are equally effective. Therefore, the use of this solution also requires attention to technical factors, specifically:
· Before selecting the option to use fire-resistant paint or other fire-resistant materials to protect the building structure, a fire-resistant design is necessary to determine the main load-bearing structures that need fire protection and the limiting temperature of the structure under fire conditions. This serves as a basis for choosing the appropriate fire protection solution. Currently, design consulting firms and investors often overlook this important step.
· Fire-resistant paint products from different manufacturers may have varying levels of protection efficacy, and their effectiveness may also differ when applied to different types of structures. Consequently, the chosen fire-resistant paint for a project must undergo testing and demonstrate its effectiveness in protecting the structure according to standardized procedures, aligning with the structural design of the building.
Thirdly, does the Ministry of Public Security have regulations that require the inspection of building structures, causing difficulties for businesses?
To assess the fire resistance limit of the actual structures in a building, Clause 2.2.2.2 of the QCVN 06:2020/BXD standard stipulates three methods (this content is also continued in QCVN 06:2021/BXD and QCVN 06:2022/BXD), including:
a) Calculation based on the fire-resistant structural design standards;
b) Comparison with technical characteristics of equivalent components as stated in Appendix F of this standard;
c) Comparison with a fire-resistant test specimen with equivalent technical characteristics.
Accordingly, in cases where there is no basis for evaluating the fire resistance limit of the load-bearing structure according to options a) or b) mentioned above, it is necessary to conduct fire resistance tests on the structural samples and issue a certification of inspection for those structural samples. Additionally, this standard also specifies the method for testing and determining the fire resistance limit of the load-bearing structural samples.
On November 24, 2020, the Government issued Decree No. 136/2020/NĐ-CP, which provides detailed regulations on some articles and measures for the implementation of the Fire Prevention and Fighting Law and the Law amending and supplementing some articles of the Fire Prevention and Fighting Law.
Under Clause 2 of Article 38 and Section 5 of Appendix VII of this Decree, there are provisions stating that "Structural samples protected with fire-resistant materials or substances; fire compartment samples" must undergo fire prevention and fighting inspection.
This regulation replaces the provisions of Government Decree No. 79/2014/NĐ-CP dated July 31, 2014, which regulated the inspection of materials and fire-resistant substances (e.g., fire-resistant paint, fire-resistant materials, fire-resistant impregnated substances, etc.).
Inspecting structural samples protected with fire-resistant materials or substances allows for a comprehensive assessment of the load-bearing structure's behavior in fire conditions and demonstrates the fire protection capabilities of the protective layers for the building structure.
This regulation ensures scientific and consistent compliance with the fire prevention and fighting regulations issued by the Ministry of Construction as mentioned above, while also aligning with international standards.
To implement the above regulations, on December 28, 2021, the Ministry of Public Security issued Circular No. 123/2021/TT-BCA, promulgating the National Technical Regulation QCVN 03:2021/BCA on fire prevention and fighting vehicles, which came into effect on June 28, 2022.
In section b, item 3.1.1 of the Regulation clearly stipulates: Structural and compartment samples, after being issued a certification of fire prevention and fighting inspection, are to be used as models for the production and importation of products circulated in the market (no need to obtain a certification of fire prevention and fighting inspection for each specific project or construction).
Therefore, not all structures protected with fire-resistant materials or substances need to undergo fire prevention and fighting inspection, and there is no requirement to obtain a certification of fire prevention and fighting inspection for each specific project or construction.
Why, even though the fire prevention and fighting design documentation approved the use of fire-resistant paint, it was not subjected to fire prevention and fighting inspection?
Fire Prevention and Fighting Police and Fire Prevention and Fighting Consultation (PPC&C): The approved fire prevention and fighting design documentation does not include the approval of fire protection measures for the structural components of the building; it only approves the fire resistance limits for those structural components, which serve as the basis for evaluating the fire resistance rating of the building.
After the approval of the fire prevention and fighting design, the investor is responsible for selecting contractors and organizing the construction of the structure using various protection methods to ensure fire resistance limits, not necessarily limited to the use of fire-resistant paint as initially planned.
In many cases, the design documentation suggests using fire-resistant paint, but these proposals are often based on experience rather than on the fire-resistant design of the building (due to the absence of fire-resistant design) and the practical capabilities of the available fire-resistant paint products (due to the lack of data gathering for paint design purposes), resulting in impractical implementation.
In practice, investors, paint manufacturers, and construction contractors often neglect technical principles when using fire-resistant paint, relying mainly on experience, similar to the use of regular interior and exterior paints. This leads to projects being completed without ensuring fire safety and not passing fire prevention and fighting inspections.
It is essential to understand that proposing the use of fire-resistant paint (or other alternatives) in structural design is only a tentative solution. It is crucial to consider the feasibility of the proposed approach.
During construction, if the fire protection plan for the structure proves unfeasible, the project can develop alternative plans that still meet the required fire resistance limits for the building.
To ensure quality, investors need to choose fire-resistant paint products that have been tested, have data for design purposes, and have been certified according to regulations (in this case, the PPC&C agency performs sample inspections).
Selecting a fire-resistant paint manufacturer without ensuring product quality and implementing fire-resistant paint without inspection results is not appropriate and does not comply with the construction quality management procedures.
There is an opinion stating that all fire protection-coated structures in current projects and constructions must undergo testing and verification. Is this accurate?
Fire Fighting and Fire Prevention Police Department: In Article 2.3.2 of the National Technical Regulation QCVN 06:2020/BXD (also retained in QCVN 06:2021/BXD, QCVN 06:2022/BXD), there are three methods for evaluating the fire resistance of structural components in a construction project:
a) Calculation according to the fire-resistant structural design standards.
b) Comparison of technical characteristics with equivalent components specified in Annex F of the National Technical Regulation QCVN 06:2020/BXD.
c) Comparison with fire resistance test samples constructed with equivalent technical characteristics.
Therefore, only in cases where the structure needs to undergo sample testing for verification (due to the lack of a basis for evaluating the fire resistance limit of the load-bearing structure according to method a) or b) above), a fire resistance test must be conducted for the structural sample, and a certificate of inspection must be issued for that structural sample.
Additionally, complying with the provisions of Article 38 and Annex VII of Decree 136/2020/NĐ-CP, manufacturers are only required to perform inspections for "Structural samples protected with fire-resistant materials", as follows:
· Companies producing fire-resistant materials for structural protection must establish a "Collection of data for steel structures protected with fire-resistant materials" (by creating prototypes and conducting structural sample tests according to ISO 834-10 or BS EN 13381-8:2013 standards). For products manufactured by foreign companies that have been tested by international laboratories with construction capabilities and have collected data for design purposes according to standard procedures, they will be considered for approval based on the test results that demonstrate their performance in the environmental conditions of Vietnam.
· After obtaining the "Collection of data for steel structures protected with fire-resistant materials," the manufacturer of the fire-resistant structure must prepare a dossier for inspection and create prototypes for the verification testing of the "Collection of data."
· The inspection agency shall receive the dossier and carry out the inspection process (sampling, monitoring the testing process). In case the structural sample protected with fire-resistant materials undergoes the fire resistance test and meets the requirements, the inspection agency will create the inspection report for the fire-fighting and fire prevention equipment, as prescribed.
· Based on the inspection report for the fire-fighting and fire prevention equipment, organizations and businesses shall submit a dossier requesting the issuance of the Certificate of Inspection for the fire-fighting and fire prevention equipment through the public service portal of the Ministry of Public Security.
In the event that the dossier complies with the regulations and the inspection results meet the requirements, within 5 working days, the Fire Fighting and Fire Prevention Police Department will issue the Certificate of Inspection for the fire-fighting and fire prevention equipment for the tested and verified samples mentioned above. This certificate will serve as a basis for manufacturing and construction companies to produce and execute load-bearing structures protected with fire-resistant materials for various projects (the certificate specifies the corresponding scope of application based on the evaluated and verified data, applicable to projects without the need for a separate Certificate of Inspection for each specific project).
At present, in Vietnam, there are no fire-resistant paint/putty products that can meet the requirements for fire protection, is that correct?
Fire Fighting and Fire Prevention Police Department: Currently, there are various fire-resistant coating and material products available in the Vietnamese market for protecting structural constructions, such as: [provide details of commonly available fire-resistant products in the market].
· Products manufactured by Vietnamese companies: NTS-101 Fire-resistant paint by New Technology Solutions Joint Stock Company, ICONER Fire-resistant paint by DESAM Advanced Materials Co., Ltd; SBC Vietnam Technical and Trading Joint Stock Company (which has conducted testing and compiled data for design purposes). Additionally, there are plans for more domestically produced products to be introduced and quality-certified.
· Imported products with data for design purposes (certified by international testing organizations): Isolatek Type M-II Fireproof Mortar (manufactured by Greentech Asia Pacific/ Malaysia, certified for fire protection), Monokote Z-106/HY Fireproof Mortar (manufactured by GCP Applied Technologies/ South Korea, certified for fire protection); CharFomax SH-100 Fire-resistant Paint (by Samhwa Paint Co./ South Korea); Firemask SQ476 Fire-resistant Paint (by KCC Corporation/ South Korea); Steelmaster 60WB, Steelmaster 1200WF Fire-resistant Paint (by Jotun A/S); Promat products, such as fire-resistant cladding panels (PROMATECT®H), fireproof mortar (PROMASPRAY®C450), and fire-resistant paint (PROMAPAINT®SC3)...
Therefore, the project owners can select products with suitable technical specifications for their projects to implement appropriate fire protection solutions.
Currently, there are only 1 to 2 testing facilities located in the northern region that meet the requirements for conducting fire resistance testing and verification of structures, is this information correct?
The Fire Prevention and Fighting Police Department (CPC) and the National Center for Fire and Explosion Control (CNCH): To facilitate testing and product quality evaluation for manufacturing and importing units of fire-resistant materials, the CPC and CNCH provide detailed information on the testing facilities that have been granted licenses by the Ministry of Construction to conduct fire resistance tests (as of the current date) as follows:
· LAS-XD 416 Testing Laboratory under the Institute for Building Science and Technology, testing facility address: 81 Tran Cung, Nghia Tan, Cau Giay, Hanoi.
· LAS-XD 1471 Testing Laboratory under the Fire Fighting University, testing facility addresses: Base 1 (243 Khuat Duy Tien Street, Thanh Xuan, Hanoi); Base 2 (Luong Son District, Hoa Binh Province); Base 3 (Long Thanh District, Dong Nai Province).
· LAS-XD 1133 Testing Laboratory under the Institute for Building Materials, testing facility address: 235 Nguyen Trai Street, Thanh Xuan Trung Ward, Thanh Xuan District, Hanoi.
· LAS-XD 1646 Testing Laboratory under Phuong Nam Fire and Rescue Technology Company Limited, testing facility address: Lot 26, Street 5, Tan Duc Industrial Park, Duc Hoa Ha Commune, Duc Hoa District, Long An Province.
Furthermore, there are many other testing facilities currently in the process of deployment and seeking permits from the Ministry of Construction. As such, it can be seen that the network of testing facilities is spread throughout the country, ensuring the capacity to meet testing needs. Units in need can choose suitable and convenient testing facilities to conduct evaluations in accordance with regulations.
There is information claiming that "every construction requires fire-resistant steel doors, requiring EI70 standard, but the certification method should actually be issued for the imported batch, but it is assessed based on the construction site," and "previously, the air conditioning duct system only needed to be wrapped with asbestos, but now, QCVN 06:2022/BXD requires wrapping with expensive fire-resistant gypsum, causing businesses to invest double or triple the cost." Are these pieces of information accurate?
The Fire Prevention and Fighting Police Department (CPC) and the National Center for Fire and Explosion Control (CNCH): Currently, the understanding of such standards and regulations is mistaken and not in accordance with the requirements. Specifically:
According to QCVN 06:2021/BXD and QCVN 06:2022/BXD, the fire resistance limits of doors on fire partition walls are as follows: Type 1 doors: EI 60 minutes; Type 2 doors: EI 30 minutes; Type 3 doors: EI 15 minutes.
Currently, there are numerous units in the market producing and supplying products that meet the quality standards mentioned above, with appropriate quality and designs to ensure safe and convenient operation. Businesses can easily contact and inquire about these products.
Furthermore, ensuring fire safety in different types of buildings and structures, apart from complying with QCVN 06:2022/BXD, also involves implementing specific standards and regulations for each type of construction. Currently, QCVN 06:2022/BXD has stipulated certain areas where doors with EW (Integrity and Radiant Heat) fire resistance limits can be used, with reduced requirements compared to QCVN 06:2021/BXD.
Regarding the fire door inspection, current regulations only require inspection of door samples for the purpose of production, importation, and supply to the market; there is no requirement for inspection for each specific project or construction.
In addition, QCVN 06:2021/BXD and QCVN 06:2022/BXD only specify the fire resistance limits of smoke ducts and air ducts, with a corresponding fire resistance limit of EI60 minutes, without specifying the materials to be used.
Currently, many companies are manufacturing these products with various types, designs, and using different fire-resistant materials, not necessarily limited to fire-resistant gypsum.
According to the regulations, currently, certain establishments such as residential buildings, mixed-use buildings, hotels, office buildings of businesses with a height of fewer than 5 floors, commercial stores, and vehicle repair shops under 500 m2 are required to notify the fire safety compliance to the competent authorities and must obtain design approval. Therefore, during inspections, a large number of businesses and manufacturing facilities are forced to suspend their operations for rectification. Furthermore, under the new regulations, even small-scale renovation and repair projects still require obtaining design approval permits. This poses significant challenges for businesses and citizens.
However, the specific projects and constructions subject to fire safety design approval are clearly defined in Appendix V of Government Decree 136/2020/ND-CP dated November 24, 2020, which details certain provisions and measures for the implementation of the Fire Prevention and Fighting Law and amendments to certain provisions of the Fire Prevention and Fighting Law. In this decree, it only specifies that "residential buildings, collective houses, and dormitories with 7 floors or more or with a total volume of 5,000 m3 or more; mixed-use buildings with 7 floors or more or with a total volume of 5,000 m3 or more" fall under the category requiring fire safety design approval. There is no requirement for "residential buildings, mixed-use buildings, hotels, office buildings of businesses with a height of fewer than 5 floors" to obtain fire safety design approval.
The requirements for fire safety distances set by the Ministry of Public Security (MPS) are challenging to implement, especially in densely built urban areas like Hanoi and Ho Chi Minh City. Businesses claim that it will be very difficult for them to comply with these requirements?
On July 28, 2010, the Ministry of Construction issued Circular No. 07/2010/TT-BXD promulgating the National Technical Regulation QCVN 06:2010/BXD on Fire Safety for Buildings and Constructions, which took effect from September 17, 2010.
According to this regulation, in building designs, structural solutions, spatial layouts, and technical measures must be considered to ensure that in case of fire, firefighting forces and vehicles can access the fire and carry out firefighting, rescue, and property protection operations. Additionally, it is essential to prevent fire from spreading to neighboring buildings, even if the building on fire collapses.
Thus, Appendix E of this regulation specifies the fire safety distances between buildings and constructions. These regulations have been continuously amended and supplemented in the years 2020, 2021, and 2022.
In cases where the required fire safety distance cannot be met, the regulation offers alternative fire prevention measures, such as using firewalls or installing automatic fire suppression systems.
Failing to comply with the required fire safety distances or implement appropriate fire prevention measures between constructions could pose serious risks of fire spreading to neighboring buildings.
During the implementation process, the Fire Prevention and Fighting Police Department, under the Ministry of Public Security, always takes into account feedback from businesses and citizens to provide information to the Ministry of Construction for further review and refinement of the fire safety regulations.
In the future, the Fire Prevention and Fighting Police Department, in cooperation with the Ministry of Construction, will continue to propose solutions to develop fire safety distance regulations that are practical and feasible for businesses and the community.
Currently, do fire protection and firefighting equipment (PCCC) need to be inspected for each project or construction?
The Fire Prevention and Fighting Police Department, under the Ministry of Public Security, states that on November 24, 2020, the Government issued Decree No. 136/2020/NĐ-CP providing detailed regulations and measures for implementing the Fire Prevention and Fighting Law and amending and supplementing some articles of the Fire Prevention and Fighting Law.
According to Clause 2, Article 38 of this Decree, it is stipulated that "Fire prevention and firefighting equipment listed in the Appendix VII issued together with this Decree, which is newly manufactured, assembled, modified within the country or imported before being put into circulation, must be inspected and granted a Certificate of Inspection for firefighting and firefighting equipment."
Therefore, fire protection and firefighting equipment are subject to inspection from the time of production or import. If the results meet the requirements, the equipment is granted an inspection sticker before being circulated in the market. There is no need for separate inspections for each project or construction.
In addition, in Section 5 of Appendix VII of Decree No. 136/2020/NĐ-CP, it is stipulated that "Samples of structures protected by fire-resistant materials or substances; samples of fire partitions" are equipment that must be inspected for fire protection and firefighting.
After Decree No. 136/2020/NĐ-CP took effect, to guide the inspection of fire protection and firefighting equipment, on December 28, 2021, the Ministry of Public Security issued Circular No. 123/2021/TT-BCA, promulgating the National Technical Regulation QCVN 03:2021/BCA on fire protection and firefighting equipment, effective from June 28, 2022. In section b, clause 3.1.1 of the regulation, it is clearly stipulated that "Samples of structures and components, after being granted the Certificate of Inspection, can be used as models for production and import of products circulating in the market" (thus, no Certificate of Inspection is required for each project or construction).
What are the specific regulations and legal provisions regarding the capacity of the units conducting fire-resistant design for structural constructions?
Fire Prevention and Firefighting Police Department and Fire and Explosion Prevention and Control Office (Cục Cảnh sát PCCC và CNCH): Fire-resistant design calculation is one of the aspects of structural design for construction projects carried out by structural design units, depending on the safety requirements of the structure (including load-bearing design, seismic and wind load design, or fire-resistant design, etc.).
According to the current regulations, the management, guidance, evaluation, and verification of the capacity of structural design consulting units are conducted by the Ministry of Construction or the Department of Construction, depending on the scale of the construction project.
Source: xaydungchinhsach.chinhphu.vn/