Wu Pei

Residential fire hydrant water, fire escape blocked fire control facilities, such as improper equipment maintenance management, the resulting fire rescue were delayed, the fire, property companies need to bear the corresponding liability for damages? The answer is affirmative, the property enterprise has management and maintenance obligation to fire fighting equipment, it should assume corresponding compensation responsibility according to the degree of fault.

The property enterprise shall bear the statutory fire duty

According to the provisions of article 81 of the property law, every house within the realty management area and form a complete set of equipment maintenance, maintenance, management and related field, as well as the maintenance of environmental health and related order, the owner can be self management, also can entrust a realty service enterprise management. Unlike other supporting facilities, fire-fighting facilities have special significance to protect public safety. Therefore, special provisions are made for the maintenance and management of fire-fighting facilities in the legislation.

Article 18 the second paragraph of article 18 of the fire prevention law requires that the property service enterprise in the residential area shall manage and maintain the public fire protection facilities in the administrative area, and provide fire protection and prevention services. The state organs, public organizations, enterprises, institutions, regulations on fire control safety article 10, is clear about the residential area property management units shall, within the scope of the management of fire safety responsibilities are: formulate fire control safety system, implement the fire safety responsibility, to carry out fire safety publicity and education; Conducting fire prevention inspection to eliminate fire hazards; Ensure the passage of evacuation, safe exit and channel of fire truck; Ensure that public fire protection facilities, equipment and fire safety signs are in good condition.

As you can see from the above laws and regulations, property companies to manage fire control facilities maintenance management area, is not only based on the agency contract between client and property companies, but also a legal obligation.

In a residential area, li was caused by a short circuit of the power cord in his home. Apart from the loss of his family, seven neighbors were affected by different degrees. Li believes that property companies are also at fault, and that the damage to the neighbors should be Shared between the two, and sued the court. After the scene investigation, the court decided that the gate of the area closer to the fire was closed by the property enterprise; The road in front of li's residential compound is parked on both sides of the road, and the rest of the space can only travel slowly through a motor vehicle, causing the fire engine to be unable to move quickly in the event of a fire.

There are some defects in the daily property management of the community, which is a violation of the legal obligations of the property enterprises, and it does enlarge the fire. Considering fire the cause of the accident, the realty service contract relationship between adversaries, property management problems, the plaintiff suffered damage factors, the court said the property companies need to fire the result of a secondary responsibility, share the li mou some of the damage compensation liability.

Can be seen from the above case, property management properly, fire control facilities itself or the lack of fire control facilities, damage cause fire spreading, it needs according to the legal obligation realty service contract, responsibility, compensation for the losses of the victim.

Fire cost should be dedicated exclusively

According to the property law and the residential special maintenance funds management method "regulation, fire control facilities equipment belong to the common facilities facilities, its maintenance, updating, and funded by the owner of capture puts together, belong to the owners of the residential special maintenance fund, the fund only door savings, special fund is special, the owner decision-making, and subject to government regulation.

Use special maintenance funds to the decision on the owner, need owners with exclusive parts accounting for more than two-thirds of the total area of the building accounts for more than two-thirds of the total number of discussion by the owner, or by the owners' congress through the use of the scheme in accordance with the law, to be approved by the competent department of construction of the government or turn the record after delimit columns.