Thông tư liên tịch 04/2009/TTLT-BXD-BCA

JOINT CIRCULAR

GUIDING THE SUPPLY OF FIRE-FIGHTING WATER IN URBAN CENTERS AND INDUSTRIAL PARKS

Pursuant to the June 29, 2001 Law on Fire Prevention and Fighting;
Pursuant to the Government's Decree No. 17/2008/ND-CP of February 4, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;
Pursuant to the Government's Decree No. 136/2003/ND-CP of November 14, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Public Security;
Pursuant to the Government's Decree No. 35/2003/ND-CP of April 4, 2003, detailing the implementation of a number of articles of the Law on Fire Prevention and Fighting;
Pursuant to the Government's Decree No. 117/2007/ND-CP of July 11, 2007, on the production, supply and consumption of clean water;

The Ministry of Construction and the Ministry of Public Security jointly guides the supply of fire-fighting water in urban centers and industrial parks as well as economic zones, export processing zones and hi-tech parks (below collectively referred to as industrial parks) as follows:

I. SCOPE OF REGULATION AND SUBJECTS OF APPLICATION

1. This Circular guides the planning on, investment in, construction and operation of, fire-fighting water supply systems in urban centers and industrial parks.

2. Fire-fighting water supply systems comprise concentrated water supply systems, fire-fighting hydrants installed on water supply pipelines, fire-fighting water tanks and such natural water sources as ponds, lakes, rivers, and streams, canals....

3. All domestic and foreign organizations and individuals living and working in Vietnam shall implement this Circular.

II. PLANNING ON FIRE-FIGHTING WATER SUPPLY SYSTEMS

1. Upon formulation of general construction planning, detailed planning, specialized planning on water supply in urban centers and industrial parks, fire-fighting water supply systems must be identified as an inseparable content thereof.

2. The fire-fighting water supply planning in the general planning on construction of urban centers and industrial parks must identify:

a/ Water sources to be used for fire-fighting: water sources from concentrated water supply systems, natural water sources (ponds, lakes, rivers, streams, canals...);

b/ Flow on concentrated water supply networks, necessary for fire-fighting needs under current standards and norms; .

c/ Necessary fire-fighting water pressure on concentrated water supply systems;

d/ The estimated fund for fire-fighting water supply systems in urban centers and industrial parks.

3. The fire-fighting water supply planning in a detailed planning must identify:

a/ Specific water sources to be used for fire-fighting (from tanks of water supply stations, ponds, lakes, rivers, streams, canals...);

b/ Flow and pressure necessary for fire-fighting according to the planned networks and the criteria on the number of simultaneous fires, fire duration, fire-fighting water reserves at water supply stations, pressure-raising stations;

c/ Pine-lines and locations for installation of fire-fighting hydrants;

d/ Capacities of fire-fighting water tanks in residential quarters, locations of ponds, lakes, rivers, streams, canals in service of water to be taken by fire engines;

dd/ The estimated fund for fire-fighting water supply systems in urban centers and industrial parks.

4. The fire-fighting water supply planning in the planning on water supply in urban centers and
industrial parks must identify:

a/ Flow and pressure necessary for fire-fighting under the planning and current regulations and criteria;

b/ Pine-lines for installation of hydrants, hydrant intervals, hydrant locations;

c/ Fire-fighting water pressure on water supply pipeline networks; schemes on adjustment of water pressure and flow for fire-fighting:

d/ The estimated fund.

5. The planning on fire-fighting water supply systems in urban centers and industrial parks must be based on current standards and regulations on fire prevention and fighting.

6. In case the approved urban center or industrial park construction planning or water supply planning does not contain the contents on fire-fighting water supply system planning, the latter must be additionally formulated.

7. The responsibilities for formulation, appraisal and approval of planning on fire-fighting water supply systems comply with the Government's Decree No. 35/2003/ND-CP of April 4, 2003, detailing the implementation of a number of articles of the Law on Fire Prevention and Fighting; Decree No. 08/2007/ND-CP of May 28, 2007 on construction planning and Decree No. 117/2007/ND-CP of July 11, 2007, on production, supply and consumption of clean water.

8. The fund for formulation of planning on fire-fighting water supply systems will be covered by local budgets. The fund for formulation of planning on fire-fighting water supply systems in industrial parks will be paid by investors under the Ministry of Construction's guidance on methods of calculating planning formulation unit prices.

III. REQUIREMENTS ON DESIGNING AND CONSTRUCTION OF FIRE-FIGHTING WATER SUPPLY SYSTEMS

1. In the course of designing and construction of water pipelines, solutions should be taken into account to increase the water flow in case of fires according to current regulations. In the networks of grade-1 or and grade-2 pipelines, fire hydrants must be installed. Fire hydrants should not be installed on main water supply pipelines, but only at branching points in case of necessity with stop valves, gas and dreg discharge valves.

2. Upon designing of fire hydrants, the requirements on necessary flow and pressure under fire-fighting standards and regulations must be satisfied and they must be installed uniformly on the entire water supply systems in urban centers or industrial parks.

3. Fire hydrants must be located at positions convenient for water taking and transportation, which shall be marked with signs or instructions.

4. If separate water supply systems or pressure increase stations are built in urban centers or industrial parks, there must be high-flow and high-pressure mechanical pumps (head-water pressure shall not be lower than 40 m a hydrant) so that water from fire hydrants can be used directly.

5. At narrow streets, alleys or lanes, where fire hydrants cannot be installed on the surface, underground hydrants must be designed and installed to ensure water supply for lire fighting.

6. In residential quarters with narrow passages, where surface or underground hydrants cannot be installed, or without concentrated water supply systems, fire-fighting water tanks must be built for every area under the guidance of fire-fighting police.

7. At ponds, lakes, rivers, streams, canals.... which are planned as water sources for fire fighting, water taking points must be designed and constructed in a way convenient for fire engines.

8. Designing consultancy units shall design fire-fighting water supply systems in combination with urban center or industrial park water supply systems in strict accordance with current technical norms and regulations on fire prevention and fighting.

9. Dossiers on fire-fighting water supply system designs must be approved by fire-fighting police offices in terms of designs and fire-fighting equipment before the construction commences. The approval of fire-fighting water supply systems in urban centers and industrial parks (in the course of formulation of investment projects) is specifically decentralized as follows:

a/ The Fire-Fighting Police Bureau shall approve fire-fighting water systems for concentrated water supply systems in urban centers and industrial parks, which are appraised by the Ministry of Construction;

b/ The Fire-Fighting Police Sections of provincial-level Public Security Departments or Fire-Fighting Police Departments of localities shall appraise and approve fire-fighting water systems for concentrated water supply systems in remaining urban centers (as classified by the Ministry of Construction) and other projects entrusted by the Fire-Fighting Police Bureau.

10. Fire-fighting water supply systems must be constructed strictly according to approved designs and set schedules. In case of changes as compared to the approved designs, investors shall file their written requests therefor, which must be additionally approved in writing by competent bodies.

11. Special-use fire-fighting supplies and equipment (hydrants, hoses, nozzles...) on fire-fighting water supply systems must be inspected by competent fire-fighting police-offices according to regulations before they are installed.

IV. RESPONSIBILITIES FOR INVESTMENT IN FIRE-FIGHTING WATER SUPPLY WORKS AND EQUIPMENT

1. Fire-fighting water supply items, works and equipment include:

a/ Water tanks, pump stations and pipelines of concentrated water supply systems;

b/ Fire hydrants installed in the water pipeline systems;

c/ Constructed water-taking locations at ponds, lakes, rivers, streams, canals,... under the planning on fire-fighting water taking and use;

d/ Fire-fighting mechanical pumps at clean water pumping stations in industrial parks and residential quarters;

dd/ Constructed water tanks, drilled wells to supply fire-fighting water in residential quarters;

e/ Fire-fighting systems using water at high-rises, industrial factories, production and business establishments and other fire and-or explosion-prone establishments;

g/ Fire-fighting supplies and equipment in the fire-fighting water supply systems.

2. Investment responsibilities

Provincial-level People's Committees shall supply investment funds for fire-fighting water supply systems. Work or establishment owners shall invest in their own fire-fighting water supply systems under the approved planning; concretely as follows:

a/ Water supply units (water supply companies, enterprises....) shall invest in equipment of concentrated water supply systems (water tanks in clean water treatment stations, pump stations, pipeline systems); fire hydrants installed on water pipelines of concentrated water supply systems; water tanks for fire-fighting water supply in residential quarters. Investment funds will be included in total investment for calculation of clean water prices;

b/ Water drainage units (water drainage companies, urban environment companies, urban infrastructure companies...) shall invest in stations in service of water taking by fire engines at ponds, lakes, rivers, streams, canals.... Funds for investment in construction or improvement will be included in annual expenditure estimates for investment in infrastructure construction or improvement;

c/ Units investing in infrastructures of new urban centers, industrial parks or functional quarters shall invest in fire-fighting mechanical pumps and equipment in the concentrated water supply networks. Investment funds will be included in total investment in infrastructures of urban centers or industrial parks;

d/ Work or establishment owners shall invest in local fire-fighting water supply systems at their own works or establishments.

V. MANAGEMENT. USE AND PROTECTION OF URBAN AND INDUSTRIAL-PARK FIRE-FIGHTING WATER SUPPLY SYSTEMS

1. Water supply units shall manage, operate, maintain and protect the concentrated water supply systems and fire hydrants installed on the pine-lines under their management, water tanks, drilled wells to supply fire-fighting water in concentrated residential quarters in service of fire fighting.

Particularly in Ho Chi Minh City, the Fire-Fighting Police Department shall manage the use, and organize the protection of fire hydrants, inspect and propose the repair and maintenance of hydrants under decisions of Ho Chi Minh City People's Committee.

2. Water drainage units shall manage, maintain and protect the planned or constructed fire-fighting water locations at ponds, lakes, rivers, streams, canals....

3. Infrastructure management units shall manage, operate, maintain and protect the fire-fighting water supply systems in new urban centers, industrial parks, functional quarters under projects.

4. Provincial-level Public Security Department (Fire-Fighting Police Sections) or Fire-Fighting Police Department shall efficiently use urban and industrial-park fire-fighting water supply systems and coordinate with fire-fighting water supply system- managing and -operating units (water supply and drainage units, infrastructure management units) in formulating schemes on management and use of fire-fighting water supply systems.

5. Fire-fighting police-offices shall coordinate with water supply units in formulating annual plans on necessary use of water for fire fighting and certifying the volumes of water from urban and industrial park water supply systems already used for fire fighting.

6. Fire-fighting police offices and units managing and operating the fire-fighting water supply systems shall periodically check the quality thereof. If detecting any damage to such systems, the latter shall work out plans to repair and maintain them as soon as possible.

7. Work or establishment owners shall manage, operate, maintain and protect the fire-fighting water supply systems at their own works or establishments.

8. Organizations and individuals can only take water from the fire-fighting water supply systems for fire-fighting purposes. Water-taking stations must be used for the purpose of fire fighting.

9. Organizations and individuals are strictly forbidden to obstruct, remove or damage supplies and equipment of urban and industrial park fire-fighting water supply systems; to use water from concentrated water supply systems, fire hydrants, fire-fighting water tanks for other purposes.

10. Local administrations at all levels, provincial-level Construction Services. Public Security Departments, and the Fire-Fighting Police Department of Ho Chi Minh City shall coordinate with water supply and drainage units in formulating schemes to protect urban fire-fighting water supply systems. Units managing industrial parks, new urban centers or functional quarters under projects shall manage and protect the fire-fighting water supply systems within areas under their respective management.

VI. EXPENSES FOR USE OF WATER IN SERVICE OF FIRE FIGHTING

1. The fund for use of water taken from clean water supply systems or concentrated fire-fighting water tanks in service of fire fighting will be paid by local budgets, based on the certification by fire-fighting police offices and water supply units.

2. The fund for use of water taken from clean water supply systems at establishments (behind water meters) in service of fire fighting will be paid to water supply companies by such establishments.

VII. HANDLING OF VIOLATIONS

1. Acts of infringing upon works and facilities of urban and industrial park fire-fighting water supply systems will be handled according to current law.

2. Acts of obstructing or delaying the taking of water from water sources in service of fire fighting will be handled under the Government's Decree No. 123/2005/ND-CP on sanctioning of violations in the fire-fighting domain. If violations cause serious consequences, they will be handled according to the Penal Code.

VIII. ORGANIZATION OF IMPLEMENTATION

1. Provincial-level People's Committees shall organize the implementation of this Circular.

2. Provincial-level Construction Services. Public Security Departments or Fire-Fighting Police Department shall advise and assist provincial-level People's Committees in organizing the implementation and directly inspect and supervise the planning on. investment in. construction of, and manage local fire prevention and fighting systems in localities.

3. Water supply units and water drainage units shall manage, operate, maintain and develop fire-fighting water supply systems.

4. Local administrations at all levels shall inspect and supervise the investment in. and construction of, fire-fighting water supply systems and join water supply units and water drainage units in protecting the entire fire-fighting water supply systems in their localities according to the management decentralization by provincial-level People's Committees.

5. The Technical Infrastructure Department of the Construction Ministry and the Fire Fighting Police Bureau of the Ministry of Public Security shall inspect, urge and guide the implementation of this Circular and send annual reports on implementation results to the Construction Ministry and the Ministry of Public Security.

This Circular replaces Circular No. 10/TT-LB of December 31, 1994, and takes effect 45 days after its signing. If meeting with problems in the course of implementation, organizations and individuals are requested to report them to the Construction Ministry (via the Technical Infrastructure Department) and the Ministry of Public Security (via the Fire-Fighting Police Bureau) for timely guidance.