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(Promulgated on June 13, 2005 by Decree No. 50 of the Shanghai Municipal
People' s Government)
Article 1 (Purpose)
For the purpose of strengthening the administration of
building energy saving in this Municipality, reducing the energy consumption
of
buildings, increasing the efficiency of energy use, improving the environmental
quality and promoting the sustainable development
of economy and society, these
Procedures are formulated in the light of the actual circumstances of this
Municipality.
Article 2 (Application Scope)
These Procedures shall apply
to the building energy saving in the new construction, reconstruction, expansion
and use of urban public
buildings and residential buildings (hereinafter
collectively referred to as "buildings" ) and related administrative activities
in
the administrative areas of this Municipality.
Article 3
(Definition)
"Building energy saving" as mentioned in these Procedures refers
to such activities as the adoption of heat-protection and insulation
measures
for building cladding structures and the selection and use of energy-saving
energy use systems and renewable energy use
systems in the designing,
construction, installation and use of buildings, according to relevant State,
trade or local standards
relating to building energy saving (hereinafter
collectively referred to as "building energy saving standards" ), as well as the
maintenance and upkeep of such structures and systems,.
The "energy use
systems" as mentioned in these Procedures refer to the energy use equipment and
facilities designed and installed
at the same time as the buildings.
Article
4 (Administrative Departments)
The Shanghai Municipal Economic Commission
shall be responsible for the comprehensive supervision and administration of the
energy-saving
work in this Municipality.
The Shanghai Municipal Construction
and Communications Commission (hereinafter referred to as the SMCCC) shall be
responsible for
the supervision and administration of building energy saving in
this Municipality, and the Shanghai Municipal Administrative Office
of the
Building Trade shall be responsible for the concrete implementation of these
Procedures.
The district/county administrative departments of construction
shall, according to these Procedures, be responsible for the supervision
and
administration of building energy saving in their respective
jurisdictions.
Relevant administrative departments of development and reform,
planning, science and technology, housing, land and resources and
finance in
this Municipality shall, according to their respective functions and duties,
cooperate in the implementation of these
Procedures.
Article 5
(Implementation and Formulation of Standards)
Development units, design
units, construction units and supervision units shall implement mandatory
building energy saving standards.
The adoption of recommended building energy
saving standards shall be encouraged.
In those construction areas where there
are no energy-saving standards set by the State, the SMCCC shall, in the light
of the status
of development of building energy saving in our country and this
Municipality and the principles of being advanced in technology
and reasonable
in economy, organize and formulate this Municipality' s energy-saving standards
and necessary technical norms for
implementing such standards,
Article 6
(Requirements for Detailed Planning of Urban Construction)
When determining
the layout, shape and exposure of buildings in the formulation of detailed urban
planning, the municipal or district/county
administrative departments of
planning shall take into account of the requirements for building energy
saving.
Article 7 (Energy-saving Requirements for Newly-constructed
Projects)
Building energy savings measures shall be adopted for
newly-constructed buildings according to the provision of these Procedures
and
the building energy saving standards.
Article 8 (Requirements for
Reconstruction and Expansion Projects)
In case of the existing buildings that
do not meet the building energy saving standards, building energy saving
measures shall be
adopted according to the provision and requirements of these
Procedures if the building cladding structures are involved in their
reconstruction or expansion.
Article 9 (Requirements for Relevant
Units)
The design units shall, when designing buildings, follow the building
energy saving standards.
The construction units shall conduct the
construction according to the approved design documents and construction
rules.
The supervision units shall supervise according to the building energy
saving standards and the provisions and requirements of the
design documents; in
case such provisions or requirements are not met, corrections shall be
required.
Article 10 (Formulation and Examination of Working
Drawings)
Where buildings are to be constructed, reconstructed or expanded,
the contents of building energy saving shall be included in the
construction
drawings and design documents.
Examination agencies of construction drawings
and design documents shall examine the contents of building energy saving in the
construction
drawings and design documents. The construction drawings and design
documents that are not examined or do not meet the mandatory
building energy
saving standards upon examination may not be used and the municipal or
district/county administrative departments
of construction may not issue
construction permits.
Article 11 (Filing on Completion and
Acceptance)
When organizing the acceptance-check of buildings on their
completion, the development units shall at the same time conduct
acceptance-check
on the implementation of building energy saving, and include
the contents of the implementation of building energy saving in the
project
completion and acceptance report filed with the municipal or district/county
administrative departments of construction.
The supervision agencies of
construction project quality in this Municipality shall put forward specific
supervision suggestions
on building energy saving in their reports on
construction project quality supervision submitted.
In case the development
units are found to be in violation of the provision of these Procedures in the
completion and acceptance
process, the municipal or district/county
administrative departments of construction shall order them to make corrections
within
a prescribed time limit.
Article 12 (Instructions for Use)
Where
newly-constructed buildings are sold, the conditions of the building cladding
structures, energy use systems and renewable
energy use systems and their
corresponding protection requirements shall be specified in the operational
manuals of the newly-constructed
residential housing.
Article 13
(Certification of Energy-saving Buildings above the Standard)
This
Municipality encourages the adoption of building materials and energy use
systems that are above the existing building energy
saving standards and their
corresponding construction processes and technologies.
With regard to
buildings that are above the existing building energy saving standards, the
development units may, on the basis of
the principle of voluntariness, apply to
relevant professional social intermediate agencies for certification. The
certification
procedures shall be formulated separately by the SMCCC.
Article
14 (Requirements for Decoration of Buildings)
When decorating the buildings
for which building energy saving measures have already been adopted, the owners
or users of such buildings
shall take necessary protective measures to avoid
damaging the existing energy-saving facilities.
Article 15 (Regular
Maintenance and Repair by Owners)
The owners or users of the buildings shall,
according to the provisions and requirements set by the State and this
Municipality
for building energy saving, conduct regular maintenance of the
buildings and avoid or guard against damaging relevant cladding structures
and
energy use systems; upon discovering that the building cladding structures or
the energy use systems do not meet the requirements
for building energy saving,
they shall repair or replace them without delay.
Article 16 (Encouraging
Development and Application)
Governments at all levels in this Municipality
shall adopt measures to encourage scientific research and technological
development
of building energy saving, popularize the application of
energy-saving building materials and energy use systems and their corresponding
construction processes and technologies, and promote the development and
utilization of renewable energy resources.
The SMCCC shall, according to the
status of technical research and development of building energy saving in this
Municipality, formulate
and promulgate a catalogue of popularizations and
applications to be encouraged.
Article 17 (New Energy-saving Wall
Materials)
This Municipality encourages the development and research of new
wall materials for building energy saving, and commends and awards
those units
and individuals that make outstanding achievements in or contributions to the
popularization and application of new
wall materials for building energy
saving.
Article 18 (Energy-saving Renovation by Marketized Means)
This
Municipality shall encourage diversified and multi-channel investment in the
energy-saving renovation of buildings and the
investors may share in the profits
from the energy-saving renovation of buildings according to
agreements.
Article 19 (Education and Training)
Units engaged in building
energy saving and related administrative activities shall train relevant
personnel in professional knowledge,
such as building energy saving standards
and technologies.
Article 20 (Supervision)
The municipal or
district/county administrative departments of construction shall strengthen the
day-to-day supervision and administration
of building energy saving, and, upon
discovering any acts that violate the provision of these Procedures, timely stop
such acts
and handle them according to law.
All units and individuals have
the right to supervise the activities of building energy saving, and, upon
discovering any act that
violates relevant provisions on building energy saving,
may report it to the municipal or district/county administrative departments
of
construction. The municipal or district/county administrative departments of
construction shall timely investigate and handle
it upon receipt of such
reports.
Article 21 (Provisions of Prohibition and Restriction)
The use of
building materials and energy use systems that do not meet the building energy
saving standards shall be prohibited and
the use of backward construction
processes and technologies shall be prohibited or restricted.
A catalogue of
prohibitions or restrictions shall be proposed by the SMCCC in conjunction with
relevant departments and promulgated
upon approval by the Municipal People' s
Government.
Article 22 (Punishment of Violations of Provisions of
Prohibition)
Those who, in violation of Article 21, Paragraph 1, of these
Procedures, use building materials, energy use systems, construction
processes
or technologies whose use is prohibited shall be ordered by the municipal or
district/county administrative departments
of construction to make corrections
within a prescribed time limit, and subjected to a fine from not less than 5,000
yuan to not
more than 3,0000 yuan; where laws or regulations provide otherwise,
such provisions shall apply.
Article 23 (Houses Constructed by Individual
Farmers)
The application of these Procedures as a reference shall be
encouraged for building energy saving in the houses constructed by individual
farmers.
Article 24 (Effective Date)
These Provisions shall become
effective from July 15, 2005.
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