Laws of the Shanghai Province

(Promulgated on December 28, 2001 by Decree No. 113 of the Shanghai Municipal People's Government)

Article 1 (Purpose and Basis)

For the purpose of strengthening the administration of antiseism and defense set-up of construction projects in Shanghai Municipality, preventing and mitigating seismic disasters, and protecting the safety of people's lives and property, these Procedures are formulated in accordance with the "Law of the People's Republic of China on the Precautions against Earthquake and Mitigation of Disasters", "Regulations of the People's Republic of China on the Administration of Safeness Assessment of Earthquakes" and other relevant laws and regulations with consideration of the actual circumstance of Shanghai Municipality.

Article 2 (Definitions)

The requirements for antiseism and defense set-up mentioned in these Procedures means the norms and technical target for the resistance of earthquake disasters formulated or examined and approved by the state and municipal competent departments in charge of earthquake affairs, and shall be satisfied in construction projects, which is described in seismic intensity or seismic dynamic parameter.

The seismic safeness assessment mentioned in these Procedures means the activities of providing the corresponding seismic dynamic parameter and foundation data relevant to the requirements of antiseism and defense set-up needed in the engineering plan and designing through the research on seismic geology, geophysics, seismic activeness and earth deformation, etc. at the specific construction area or the surrounding area of the site.

Article 3 (Application Scope)

These Procedures apply to the antiseism and defense set-up of all types of construction projects in the administrative area of Shanghai Municipality and their administrative activities.

Article 4 (Administrative Departments)

Shanghai Municipal Earthquake Bureau (hereinafter referred to as MEB) is the competent department responsible for the seismic safeness assessment and requirements of antiseism and defense set-up in this Municipality. The district/county competent department in charge of earthquake affairs is responsible for the specific administrative business in its own jurisdiction according to its respective duties.

Shanghai Municipal Construction and Administration Commission (hereinafter referred to as MCAC) is the competent department responsible for the anti-seismic designing and constructing of the construction projects in this Municipality. The district/county construction administrative department is responsible for the specific administrative business in its own jurisdiction according to its own respective duties.

Article 5 (Antiseism and Defense Set-up)

Construction projects of new designing, re-building and extension shall take anti-seismic and defense setting up measures according to the requirements of antiseism and defense set-up and anti-seismic deigning norms and rules.

Article 6 (Requirements for Antiseism and Defense Set-up)

Key construction projects, construction projects that may cause serious secondary disasters and construction projects of nuclear power station and nuclear installations that may cause radioactive pollution shall go through seismic safeness assessment, and determine the anti-seismic and defense setting-up requirements and carry out anti-seism and defense set-up according to the result of the assessment.

Construction projects outside the definition of the preceding clause shall carry out anti-seism and defense set-up according to the requirements regulated in the maps of seismic intensity distribution and the map of seismic dynamic parameter issued by the state.

Article 7 (Scope of Safeness Assessment)

The construction projects that shall go through seismic safeness assessment defined in Clause 1 of the preceding Article are:

1. Class A projects in the Classified Standard of Architecture Anti-seism and Defense set-up (National Standard of the People's Republic of China GB50223-95);

2. The construction projects that shall go through seismic safeness assessment issued by the state earthquake, railway, transportation, broadcast, water affairs and other relevant professional competent departments or jointly issued by relevant professional competent departments and the state earthquake department; and

3. Certain Class B projects in the Classified Standard of Architecture Anti-seism and Defense set-up (National Standard of the People's Republic of China GB50223-95) and other key construction projects that shall go through seismic safeness assessment shall be proposed by the MEB. The proposal shall be submitted to the Municipal People's Government for approval after consulting the MCAC and the Shanghai Municipal Development Planning Commission.

Article 8 (Requirement of Assessors)

The construction project that shall go through seismic safeness assessment shall be entrusted to the unit that has the appropriate qualification to conduct the assessment.

The unit that conducts seismic safeness assessment in Shanghai Municipality shall have the qualification certificate for seismic safeness assessment. Units from other province or municipality that conducts seismic safeness assessment in Shanghai shall report their qualification certificate to the MEB for the record.

The application conditions and procedures of the qualification certificate for seismic safeness assessment shall be conducted according to relevant state regulations.

The unit that conducts seismic safeness assessment shall conduct the assessment within the scope defined in its qualification certificate.

Article 9 (Assessor's Service Charge Standard)

The unit that conducts seismic safeness assessment shall strictly follow the standard of service charge regulated by the Shanghai Municipality. The standard of service charge shall be formulated by the municipal price control administrative department.

Article 10 (Forbidden Norms to Assessors)

The unit that conducts seismic safeness assessment is forbidden to carry out the following activities:

1. To conduct seismic safeness assessment business in other seismic safeness assessment unit's name;

2. To allow other unit to use its name to contract seismic safeness assessment business;

3. To transfer seismic safeness assessment project; and

4. To conduct seismic safeness assessment not according to the working norms set up by the state concerning the seismic safeness assessment.

Article 11 (Appraisal and Examination of Seismic Safeness Assessment Report and Determination of Anti-seismic and Defense Setting-up Requirement)

The unit that conducts seismic safeness assessment shall write a seismic safeness assessment report (hereinafter referred to as SSAR) according to the requirements regulated by the State. The construction unit shall submit the SSAR to the competent department in charge of earthquake affairs for appraisal and examination.

The SSAR concerning key construction projects, construction projects crossing the administrative area of this Municipality, nuclear power stations and nuclear installations shall be submitted to the competent department in charge of earthquake affairs under the State Council for appraisal and examination and determination of anti-seismic and defense setting-up requirements.

The SSAR outside the Clause 2 of this Article shall be appraised and examined by the MEB according to relevant state provisions, and the MEB shall decide the anti-seismic and defense setting-up requirements within 15 days upon receiving the report, and inform the construction unit in writing. In case the SSAR is rejected, the MEB shall return the report with an explanation of reasons within 10 days upon receiving.

Article 12 (Feasibility Study Stage of a Construction Project)

In case of a construction project that falls into the regulations of Article 7 of these Procedures, the construction unit, when choosing the site for the project and doing feasibility study, shall conduct seismic safeness assessment and bring the anti-seismic and defense setting-up requirements as an item into the feasibility study report of the construction project.

In case of a construction project that falls into the provisions of Article 7 of these Procedures, the relevant municipal or district/county departments, when examining the feasibility study report of the project, shall not approve it if the anti-seismic and defense setting-up requirements are not included.

Article 13 (Duty of the Designing Unit)

The designing unit of the construction project shall perform anti-seismic designing of the project according to the anti-seismic and defense setting-up requirements and anti-seismic designing norms and rules regulated by the State and this Municipality.

Article 14 (Examination of the Designing of Construction Projects)

The examination of the anti-seismic designing of a construction project shall be brought into the examination procedure of the project designing. In case of a high-rise that goes beyond the provisions of the existing technical standards, MCAC may organize relevant specialists to expound and prove its anti-seismic designing.

In case that the anti-seismic designing of a project has not been examined or has been found that the designing is not made according to the anti-seismic and defense setting-up requirements and anti-seismic designing norms and rules, the relevant department shall not issue the construction project planning permit and the operation permit.

The construction unit, while submitting the anti-seismic designing for examination, shall submit relevant anti-seismic designing data in the calculation report of the project designing to the MEB for the record.

Article 15 (Duty of the Operation and Supervision and Management Units)

The operation unit of the construction project shall operate the construction according to the anti-seismic designing of the project, and the supervision and management unit shall supervise the construction according to the anti-seismic designing of the project.

Article 16 (Check and Acceptance Upon Completion)

The check and acceptance upon completion of the construction project shall simultaneously check the anti-seism and defense set-up. In case the project does not meet the anti-seismic designing and operative requirements, it shall be ordered to rectify within a time limit, and may be delivered for use only when it has passed the re-examination.

Article 17 (Anti-Seism and Defense Set-up of Completed Projects)

The completed buildings that have not taken anti-seismic and defense setting-up measures shall be entrusted to an anti-seismic assessment unit to assess its anti-seismic function according to relevant state provisions when it is re-built or extended, and take necessary anti-seismic consolidation according to the assessment result of its anti-seismic function.

Article 18 (Application of New Technology)

In case that new system of architectural structure is adopted in the new construction projects, extension or re-construction projects in this Municipality, the new system of architectural structure shall have anti-seismic function.

Article 19 (Administrative Punishment)

The unit that violates the relevant provisions of these Procedures shall be given administrative punishment by relevant competent administrative department:

1. If in violation of the Clause 1 of Article 6 of these Procedures that the construction unit does not conduct seismic safeness assessment, or does not take anti-seismic and defense setting-up measures according to the anti-seismic and defense setting-up requirements determined by the result of the seismic safeness assessment, the municipal or district/county competent department in charge of earthquake affairs shall order a rectification, and may cumulatively impose a fine of between not less than 10,000 yuan and not more than 50,000 yuan; in serious case, a fine of between not less than 50,000 yuan and not more than100,000 yuan may be imposed;

2. If in violation of Article 8 of these Procedures a unit without a qualification certificate for seismic safeness assessment conducts seismic safeness assessment without authorization, or a unit conducts seismic safeness assessment and exceeds the permitted scope defined in its qualification certificate to contract seismic safeness assessment business, the municipal or district/county competent department in charge of earthquake affairs shall order a rectification, confiscate its illegal gains, and may cumulatively impose a fine of between not less than 10,000 yuan and not more than 50,000 yuan;

3. If in violation of the Clauses 1 and 2 of Article 10 of these Procedures a unit conducts forbidden activities, the municipal or district/county competent department in charge of earthquake affairs shall order a rectification, confiscate its illegal gains, and may cumulatively impose a fine of between not less than 10,000 yuan and not more than 50,000 yuan. In a serious case, the department or institution that issues the qualification certificate shall cancel the certificate;

4. If in violation of the Clauses 3 and 4 of Article 10 of these Procedures a unit conducts forbidden activities, the municipal or district/county competent department in charge of earthquake affairs shall order a rectification, and may cumulatively impose a fine of between not less than 3,000 yuan and not more than 30,000 yuan;

5. If in violation of Article 13 and Article 15 of these Procedures a unit does not do the anti-seismic designing according to anti-seismic designing norms, or dos not operate the project according to anti-seismic designing, the municipal or district/county competent administrative department in charge of construction shall order a rectification, and may cumulatively impose a fine of between not less than10,000 yuan and not more than 50,000 yuan. In a serious case, a fine of between not less than 50,000 yuan and not more than 1,000,000 yuan may be imposed;

6. If in violation of the Clause 3 of Article 14 of these Procedures a unit does not submit the relevant anti-seismic designing data in the designing calculation report for the record, the municipal or district/county competent department in charge of earthquake affairs shall order a rectification, and may cumulatively impose a fine of between not less than 3,000 yuan and not more than 30,000 yuan;

7. If in violation of Article 15 of these Procedures a unit does not supervise and manage the operation of the project according to the anti-seismic designing, the municipal or district/county competent administrative department in charge of construction shall order a rectification, and may cumulatively impose a fine of between not less than 3,000 yuan and not more than 30,000 yuan; and

8. If in violation of Article 18 of these Procedures a completed building that had not taken anti-seismic and defense setting-up measures does not conduct assessment of anti-seismic function and take anti-seismic consolidation measures when it is re-built or extended, the municipal or district/county competent department in charge of construction shall order a rectification, and may cumulatively impose a fine of between not less than 3,000 yuan and not more than 30, 000 yuan.

Article 20 (Administrative Reconsideration and Litigation)

In case the party concerned does not accept the specific administrative act of the administrative department, it may apply for an administrative reconsideration or bring an administrative lawsuit according to the "Law of Administrative Reconsideration of the People's Republic of China" and the "Administrative Litigation Law of the People's Republic of China" .

In case the party concerned does not apply for an administrative reconsideration, nor brings a lawsuit, nor performs the specific administrative act within the time limit provided by law, the department that has made the specific administrative act may apply to the people's court for enforcement according to the provisions of the "Administrative Litigation Law of the People's Republic of China" .

Article 21 (Effective Date)