Cover News Reporter Liao Xiu
Recently, in Yinchuan, Ningxia, a chef in a restaurant caught fire due to improper operation while refining oil. However, the chef and the restaurant manager ran away first, causing three customers to be trapped. After 119 timely rescue, the restaurant fire was successfully extinguished and three customers were rescued. Afterwards, because they failed to fulfill their obligation to organize and guide customers to evacuate, the police imposed administrative detention of the restaurant director for 5 days and administrative detention of the chef for 10 days.
In response to this, some netizens said, "Running first is an instinctive reaction, and they will be detained." Some netizens condemned that "safety facilities make customers unprotected, and what should I do if I cause the customer to die? It is indeed a penalty."
Lawyer Shu Ling of the Lawyer of Haoda (Sichuan) believes that according to the relevant provisions of my country's "Fire Protection Law", after a fire occurs, the restaurant manager and chef should first immediately evacuate the consumers and take fire measures and report the fire. It is neither reasonable nor legal to escape without regard to the safety of consumers.
The restaurant fire broke out and the owner left the customer and ran away
Afterwards, he said, "I regretted my intestines being green."
htmlOn February 27, someone called the police that a restaurant in Yinchuan caught fire and some people were trapped.After receiving the alarm, the police from the Mancheng North Street Police Station of Jinfeng District Public Security Bureau quickly arrived at the scene, assisting the firefighters in rescue, while guiding traffic and understanding the situation. Fortunately, the rescue was timely, and the fire in the restaurant was successfully extinguished. Three trapped people were rescued by the fire department and sent to the hospital by 120 ambulance. Later, the police learned that the three trapped people were not seriously injured.
Firefighters rushed to the scene to put out the fire
According to preliminary judgment, the reason for the fire in the restaurant was that chef Li was improperly refining oil in the back kitchen and caught fire, causing the fire to spread to other combustible materials. In the end, the restaurant operator suffered some property losses, but fortunately no casualties.
According to relevant laws and regulations, the fire department handed over the restaurant's head Yang and chef Li to the Mancheng North Street Police Station of Jinfeng District Public Security Bureau. When the police asked whether the customers in the store were evacuated when the fire was on fire, the chef said that he could not get on the cigarette at that time and shouted twice. The restaurant owner said, "Everyone was stupid at that time, but now my intestines are regretful."
According to the relevant provisions of the " Fire Protection Law of the People's Republic of China ", the police detained the restaurant manager Yang for 5 days and the chef Li for 10 days.
Chef involved
Restaurant owner involved
Lawyer's interpretation:
Failed to fulfill the obligation to organize and guide customers to evacuate, and the punishment is reasonable and legal
0 For the restaurant manager and chef, some netizens said, "Running first is an instinctive reaction, and they must be detained", while others condemned "What should I do if the safety facilities make customers unprotected, causing the death of customers? It is indeed a punishment."
博官网彩官网 (Sichuan) firm lawyer Shu Ling believes that in recent years, many shocking fire accidents have occurred in our country. For fire safety accidents, "zero tolerance and strict accountability" should be adopted to prevent them before they occur.
According to Article 64 of the "Fire Protection Law" (Revised in 2019) of my country: "If a violation of the provisions of this Law and commits any of the following acts and does not constitute a crime, he shall be detained for not more than ten days but not more than fifteen days, and may be fined not more than five hundred yuan; if the circumstances are minor, he shall be subject to a warning or fine of not more than five hundred yuan: ... (II) If a fire is caused by negligence; (II) If a person who blocks the alarm after the fire occurs, or who is responsible for reporting fails to call the alarm in time...", Article 68: "If a fire occurs in a densely populated place, the on-site staff of the place fails to fulfill the obligation to organize and guide the evacuation of the people present. If the circumstances are serious and do not constitute a crime, he shall be detained for not more than five days but not ten days." According to the provisions, the administrative detention of the restaurant chef and the person in charge is based on legal basis, and the aforementioned punishment is reasonable and legal.
Lawyer Shu Ling said that after a fire occurs, the restaurant manager and chef should first immediately evacuate the consumers and take fire measures and report the fire. It is neither reasonable nor legal to escape without regard to the safety of consumers.According to Article 18 of the Consumer Rights Protection Law of the People's Republic of China: "...Operators of hotels, shopping malls, restaurants, banks, airports, stations, ports, theaters and other business places shall fulfill their safety obligations to consumers." The provisions of the restaurant manager shall have the obligation to provide safety guarantees to consumers in the restaurant. If personal damage is caused by consumers, they shall bear the liability for tort compensation in accordance with the relevant provisions of the Civil Code. A chef may be fined according to the Fire Protection Law due to improper operational negligence, but as an employee, the relevant civil liability shall be borne by the restaurant (except intentional or gross negligence).
China Fire Protection: Pay attention to fire safety on the tip of the tongue
Lawyer Shu Ling mentioned that in daily life, you should have a sense of crisis in fire and actively learn fire protection knowledge, and the specific response should be based on actual conditions. If personal injury occurs, you may negotiate with the operator or file a lawsuit directly with the people's court to protect your rights.
As a place where open flames and electricity are concentrated, there are many dry ingredients piled up, which is a high possibility of fire. In this regard, the Ministry of Fire of China once suggested that restaurant operators:
1. Temporary electrical circuits should not be pulled randomly in the restaurant. If lighting equipment and decorative lamps such as colored lights are needed, they should be installed in accordance with regulations.
2. The restaurant should place the dining table according to the number of people who are designed to eat, leaving enough channels. The passages and entrances and exits must be kept unobstructed and must not be blocked. When holding banquets and cocktail parties, the personnel should not exceed the original designed capacity.
3. If you need to light candles in a restaurant to increase the atmosphere, the candles must be fixed in a base made of non-combustible materials and must not be close to combustible materials.
4. Flammable gas pipelines, flange joints, instruments, and valves in the kitchen must be inspected regularly to prevent leakage. When flammable gas leaks, the valve must be closed and ventilated in time. It is strictly forbidden to open flames and start the power switch.
5. Bottled liquefied petroleum gas should not be used in the kitchen on the floor. Gas and gas pipelines should be introduced separately from the outdoors and must not pass through guest rooms or other public areas.
6. Meat grinders, vegetable cutters and other electrical machinery and equipment used in the kitchen shall not be overloaded and prevent electrical equipment and lines from getting damp.
7. When frying food, do not exceed 2/3 of the oil in the pot to prevent the cooking oil from overflowing and burning in open flames.
8. After the work is over, the operator should close all valves in the kitchen in time and cut off the air, fire and power supply before leaving.
9. Scrub the smoking hood in the kitchen once a day, and clean the flue every six months. In addition to commonly used fire extinguishing equipment in the kitchen, asbestos blankets should be installed to extinguish the fire of the oil pan.
[If you have news clues, please report the information to us. Once adopted, there will be a reward. Report information WeChat follow: ihxdsb, report information QQ: 3386405712]
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-