When approving licenses for operating swimming facilities, are fire safety inspections or pre-opening fire safety checks required?
[Question] Recently, some operators of high-risk sports facilities have reported that a local approval authority has introduced fire safety inspection procedures as a mandatory condition for issuing licenses to operate high-risk sports activities. Specifically, operators without valid fire safety inspections or pre-opening fire safety check certificates are being denied high-risk sports facility operation licenses. In light of the "Notice from the General Administration of Sport of China on Strengthening the Management of High-Risk Sports Activities" and the "Administrative Measures for Licensing the Operation of High-Risk Sports Projects," as well as relevant laws and regulations such as the "Administrative Licensing Law" and the "Fire Protection Law," is the local approval authority’s decision to require fire safety inspections or pre-opening fire safety checks when issuing high-risk sports operation licenses compliant with legal requirements? (Message posted on April 7, 2025)
[Reply] Hello:
According to the "Sports Law of the People's Republic of China," operating high-risk sports activities requires meeting the following conditions and submitting an application to the sports administrative department of the local people's government at or above the county level: (1) Relevant sports facilities must comply with national standards; (2) The facility must have a sufficient number of social sports instructors and rescue personnel who hold the corresponding national vocational qualification certificates or professional skill level certificates; (3) Adequate safety guarantees, emergency rescue systems, and measures must be in place.
According to the "Administrative Measures for Licensing High-Risk Sports Projects," operators of high-risk sports projects must meet the following conditions: (1) The relevant sports facilities comply with national standards; (2) They have a sufficient number of qualified social sports instructors and lifeguards who hold nationally recognized professional certification; (3) They establish comprehensive safety assurance systems and measures, including a safety responsibility system for production positions, standardized safety operating procedures, emergency response plans for unexpected incidents, and regular safety inspection protocols for sports facilities, equipment, and gear; (4) Other conditions stipulated by laws and regulations.
The General Administration of Sport's Notice on Issuing the Licensing Management Documents for High-Risk Sports Projects (Document No. [2017]32, issued by the Sports Administration) outlines specific approval criteria and procedures for four high-risk sports: swimming, skiing, diving, and rock climbing.
Taking swimming as an example, the approval criteria include: (1) Swimming pools, lifeguard facilities, and lifesaving equipment must comply with the national standard (GB19079.1—2013); (2) There must be a sufficient number of certified swimming lifeguards and social sports instructors (swimming) who hold national vocational qualification certificates, as required by the national standard (GB19079.1—2013); (3) A robust safety management system and corresponding measures must be in place, including a safety responsibility system for production posts, standardized procedures for drowning rescue operations, emergency response plans for unexpected drowning incidents, regular safety inspection protocols for swimming facilities, equipment, and gear, as well as a scheduled training program for lifeguards.
The above regulations stipulate that fire safety requirements are not included among the approval criteria. Local sports administrative departments at or above the county level must follow the prescribed approval conditions when reviewing applications.
National Sports Administration Government Website (April 21, 2025)
Original article link:
https://www.sport.gov.cn/n323/n10459/c28642561/content.html
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