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(Promulgated on December 18, 2002 by Decree No. 129 of the
Shanghai Municipal People' s Government)
Chapter I General Provisions
Article 1 (Purpose and Basis)
These Procedures are formulated for the
purposes of strengthening this Municipality' s administration of construction and
use of
civil defense projects and raising the defensive capability of the city
as a whole, and in accordance with the "Law of the People'
s Republic of China on
People' s Air Defense" and the "Regulations of Shanghai Municipality on Civil
Defense" and other laws
and regulations.
Article 2 (Definitions of Related
Terms)
Civil defense projects mentioned in these Procedures include the
underground defensive buildings separately built for safeguarding
the cover of
persons and materials, air defense command and medical aid in wartime, as well
as the basements built in combination
with ground buildings that may be used as
air-raid shelters in wartime.
Article 3 (Scope of Application)
These
Procedures shall apply to the planning, construction, use and maintenance of
civil defense projects and related management
activity thereof in this
Municipality' s administrative area.
Article 4 (Administrative
Department)
The Shanghai Municipal Civil Defense Office (hereinafter referred
to as MCDO) shall take charge of the administration of the construction
and use
of this Municipality' s civil defense projects, and be responsible for organizing
the implementation of these Procedures.
The district and county civil defense
offices (hereinafter referred to as the district/county CDO) shall be
responsible for the
administration of the construction and use of civil defense
projects within the limits of the district and county respectively according
to
their respective duties and limits of authority.
The relevant municipal,
district and county administrative departments of plan, planning, land,
construction, finance and price
control, etc., shall, according to their
respective duties, cooperate in implementing these Procedures.
Chapter II Planning and Construction of Civil Defense Projects
Article 5 (Requirements of Construction)
Construction of civil defense
projects shall comply with the construction planning of the municipal, district
and county civil defense
projects, and shall proceed according to the procedure
of capital construction stipulated by the State and this
Municipality.
Article 6 (Requirements of Land Use)
The municipal, district
and county administrative departments of planning, and land shall ensure,
according to law, the surface
land use for civil defense projects and auxiliary
facilities thereof, such as roads for passing in and out, entrances and exits,
openings, and gateway care-takers' houses.
Article 7 (Requirements of
Planning)
In construction of underground main lines of communication such as
subways and tunnels, and underground public infrastructures such
as underground
power stations, reservoirs and garages, the need for air defense shall be taken
into consideration as well, and
the municipal or district/county CDO shall
participate in the planning examination.
In planning for building public
greenery land, communication hubs and other municipal public infrastructures,
importance shall be
attached to the development and utilization of urban
underground space, with priority given to the planned construction of civil
defense projects or underground projects with due consideration given to civil
defense need.
Article 8 (Requirements of Link-up and Unobstructedness)
In
planning for building civil defense projects, construction of passageways
connecting the civil defense projects with other underground
projects shall be
planned for simultaneously, or the link-up openings shall be kept in
advance.
In building the planning-set passageways connecting civil defense
projects with other underground projects, no damage shall be made
to the
connected underground projects. The owner of the underground project to be
connected shall not refuse the link-up of a civil
defense project with the said
underground project.
In the link-up of the already-built civil defense
project with other underground projects, the municipal or district/county CDO
shall, jointly with the relevant departments of planning, plan, land,
construction, etc., map out plans, make staged implementation
and step by step
build the link-up passageways.
Article 9 (Combined Construction of Civil
Defense Projects)
When civil-use buildings are to be newly built in the city,
basements that may be used as air-raid shelter in wartime shall be built
in
combination according to relevant State provisions (hereinafter referred to as
co-built civil defense project).
Article 10 (Cases Where Co-built Civil
Defense Projects Are Not Suitable)
Where co-built civil defense projects are
not suitable to be built with one of the following cases, the construction unit
shall,
according to the limits of authority of examination and approval of
construction project planning, apply to the municipal or district/county
CDO in
the preliminary design stage of a construction project:
(1) The burying depth
of the top of bearing platform of piling foundation is less than three meters or
the stud of basement is not
up to the set standard;
(2) The area of the
co-built civil defense project that shall be built as required accounts for only
part of the ground floor of
the surface building, and the treatment of structure
and foundation is difficult;
(3) There is drift sand or underground river in
the limits of construction-use land, or the burying depth of foundation rock is
rather shallow, with the geological conditions unsuitable for building;
(4)
There are so dense premises or underground pipelines around the construction-use
land that it is difficult to conduct construction
work of a co-built civil
defense project, or to take measures for guaranteeing the construction work
safety.
The municipal or district/county CDO shall reply in writing to the
applicant within 10 days from the date of receiving the application.
Article
11 (Construction Fees of Civil Defense Projects)
Where, upon affirmation that
co-built civil defense projects are not suitable, the construction unit shall
pay the construction
fees of civil defense projects to the municipal or
district/county CDO before taking out the planning permit of a construction
project.
The following civil buildings to be built may be subject to
exemption from or reduction of construction fees of civil defense projects:
(1) Low-priced rental houses to be built with enjoyment of the preferential
policy of the government shall be subject to reduction
of half the fees;
(2)
Civil buildings to be built such as kindergartens, teaching buildings of
schools, homes for the old and life service facilities
for the handicapped shall
be subject to reduction of half the fees;
(3) Temporary civil buildings and
old and dangerous houses to be renovated or refurbished without any building
area added shall
be subject to exemption from the fees;
(4) The civil
buildings to be rebuilt according to the original building area after
being damaged by floods, fires or other
force majeure shall be subject to
exemption from the fees;
(5) Other civil buildings subject to exemption or
reduction approved by the municipal government.
Article 12 (Requirements of
Civil Defense Project Quality)
The designing and construction work of civil
defense projects shall comply with the State-set defensive criteria and quality
standard,
and meet the requirements of environment, safety and facilities
operation when civil defense projects are in use at ordinary times.
Civil
defense projects shall have their design, construction work and supervision
conducted, according to the State and this Municipality-set
relevant provisions,
by the units in charge of design, construction work, and supervision with
appropriate qualification.
The MCDO shall, according to the State and this
Municipality-set relevant provisions, participate in the examination of design
documents
of civil defense projects' working drawings.
Article 13 (Quality
Supervision of Civil Defense Projects)
The construction unit of a civil
defense project shall, according to the State and this Municipality-set relevant
provisions, go
through formalities of project quality supervision, and accept
the supervision and management of civil defense project quality.
Article 14
(Filing Acceptance Test upon Completion)
After the acceptance test upon
completion of a civil defense project separately built, the construction unit
shall go through the
formalities of filing the acceptance test upon completion
for the record with the MCDO.
After the acceptance test upon completion of a
co-built civil defense project, the construction unit shall, according to the
authorization
of examination and approval of construction project planning, go
through the formalities of filing the acceptance test upon completion
for the
record with the municipal, district or county CDO.
No unit or individual
person shall rent out or use the civil defense project that fails to undergo or
pass the acceptance test.
Article 15 (Transfer of Files)
After the
acceptance test upon completion of a civil defense project, the construction
unit shall submit the completion files to
the urban construction archives
institution according to relevant provisions and to the municipal, district or
county CDO as well.
Article 16 (Reconstruction of Civil Defense
Projects)
No unit or individual person shall reconstruct a civil defense
project without authorization, but in case of actual need to make
reconstruction
for guaranteeing the use of a civil defense project, a report shall be submitted
to the municipal, district or county
CDO for approval.
The reconstruction of
a civil defense project shall not lower the original defensive capability of the
civil defense project, nor
modify the principal structure of the civil defense
project in violation of the State-set relevant provisions. The reconstruction
shall be conducted according to the provisions under Article 12, 13, 14 and 15
of these Procedures.
Article 17 (Demolition of Civil Defense Projects)
No
unit or individual person shall demolish a civil defense project without
authorization. In case of actual need to do so due to
construction of public
works and renovation of old city, the formalities of examination and approval
shall be completed according
to the following provisions, and demolition shall
be done only after approval is obtained:
(1) Where a graded civil defense
project or a non-graded civil defense project with building area of more than
500 square meters
is to be demolished, an application shall be filed with the
MCDO, which shall make examination and approval according to provisions,
or
report to the administrative department of national civil defense for
examination and approval.
(2) Where a civil defense project other than those
under the Item (1), an application shall be filed with the district or county
CDO, which shall make examination and approval according to provisions and
report to the MCDO for the record.
Civil defense projects include graded and
non-graded civil defense projects; graded civil defense projects are built
according to
the State-set defensive requirements and up to the State-set
defensive standard.
Article 18 (Make-up-building or Compensation for the
demolished)
Where a public civil defense project or other civil defense
projects built with the State investment are demolished, the demolishing
unit
shall be responsible for the make-up building according to the following
provisions:
(1) In respect of demolition of a graded civil defense project,
the make-up-building shall be built according to the building area
and grade of
the original project;
(2) In respect of demolition of a non-graded civil
defense project with reinforced concrete structure, the make-up-building shall
be built according to the requirements for not under the lowest graded civil
defense project; and the make-up building area shall
not be less than two thirds
of the original area
(3) In respect of demolition of non-graded civil defense
project with brick or other structure, the make-up building shall be built
according to the requirements for not under the lowest graded civil defense
project; and the make up building area shall not be
less than one third of the
original area.
Where a public civil defense project or other civil defense
projects built with the State investment are demolished and there is
no way to
build a make-up according to the provision in the preceding clause with
affirmation by the municipal, district or county
CDO, the demolishing unit shall
pay compensation for demolition of civil defense projects to the municipal,
district or county
CDO.
Where a civil defense project other than those
provided in the first clause of this Article is demolished, the demolishing unit
shall make compensation through consultation with the owner of the civil defense
project.
The public civil defense project refers to the one invested with the
funds of the State fiscal budgets and the collected construction
fees of civil
defense projects and compensation fee for demolished civil defense projects, and
built in the charge of the civil
defense administrative department.
Article
19 (Construction Fees and Compensation Fees for Demolition of Civil Defense
Projects)
The standard of construction fees of civil defense projects and
compensation fees for demolition of civil defense projects shall
be put forward
by the MCDO, and approved by the municipal price control department jointly with
the municipal finance department.
Construction fees of civil defense projects
and compensation fees for demolished civil defense projects are fiscal funds
which shall
be turned over to the public finance in full. Their outgoings shall
be verified and appropriated by the finance department according
to the approved
plan, and be used for the construction of civil defense projects and the
construction of necessary air defense
facilities taken into consideration in the
public infrastructures such as subways, tunnels, underground parking places.
Chapter III Use and Maintenance of Civil Defense Projects
Article 20 (Ownership)
The investors of civil defense projects may,
according to relevant provisions of real estate administration, acquire the
ownership
of civil defense projects.
The registration of the ownership of a
civil defense project shall follow this Municipality' s relevant provision on
real estate
registration.
Article 21 (Principle of Use)
The owner of a
civil defense project may use the civil defense project in multiple forms, but
is not allowed to affect the defensive
effect of the civil defense project, and
shall comply with the State and this Municipality-set provisions on fire
prevention, public
security, sanitation, housing and land. Where a civil defense
project is used as a business place, the State and this Municipality-set
provisions on industry and commerce, price and tax shall be complied
with.
Article 22 (Charges for Use)
In respect of utilization of a public
civil defense project at ordinary times, the using unit shall pay fees for using
a civil defense
project to the municipal, district or county CDO according to
the State and this Municipality-set relevant provisions.
The standard of fees
for using a civil defense project shall be put forward by the municipal CDO and
approved by the municipal price
control department jointly with the municipal
finance department.
The fees for using a civil defense project are fiscal
funds which shall be turned over in full to the public finance. Their outgoings
shall be verified and appropriated by the finance department according to the
approved plan, earmarked for maintenance management
of civil defense projects,
and shall not be diverted for other purposes.
Article 23 (Filing of Use for
the Record)
In respect of using civil defense projects other than public
civil defense projects at ordinary times, the owner of a civil defense
project
shall, within 10 days after the civil defense project is put into use, report
the name, legal representative and use of
the civil defense project to the
district or county CDO for the record.
In respect of alteration of the filing
matters provided in the preceding clause, the alteration shall be filed with the
district
or county CDO within 10 days from the alteration of filing matters for
the record.
Article 24 (Maintenance Management)
The maintenance management
of public civil defense projects shall be in the charge of the municipal,
district or county CDO, with
the funds for maintenance management arranged by
the public finance at the same level. The maintenance management of other civil
defense projects shall be in the charge of the owner of the civil defense
project or the using unit according to the State and
this Municipality-set
relevant provisions, and accept the supervision and inspection by the municipal,
district or county CDO.
Article 25 (Requirements of Maintenance
Management)
The maintenance management of a civil defense project shall
follow the State and this Municipality-set relevant technical rules and
management provisions on use safety, keeping good use condition and defensive
capability of the civil defense project and reaching
the following
criteria:
(1) The engineering structure is in good condition without any
leak;
(2) The performance of defensive airtight equipment and facilities is
good;
(3) The anti-fire, anti-freeze and anti-pouring-in measures are safe
and reliable, and the systems of ventilation, water and electricity
work
normally;
(4) The inside environment of a project is clean and tidy with
unblocked entrance and exit roads and with defensive equipment of
openings in
good condition.
Article 26 (Protective Measures)
Where ground buildings
are to be constructed under the plan near main entrances and exits of aid
defense command and other civil
defense projects, the safety distance between
the collapse radius of the building and the main entrance and exit of the civil
defense
project shall be kept; but where major municipal public infrastructures
are to be built under the plan near the main entrance and
exit of a civil
defense project, the municipal administrative department of planning may
coordinate in handling jointly with the
MCDO.
Article 27 (Prohibitive
Acts)
No unit or individual person shall conduct any of the following
acts:
(1) Seizing a civil defense project;
(2) Discharging waste water,
waste gas or dumping wastes and discards into a civil defense project;
(3)
Demolishing equipment and facilities of a civil defense project, or endangering
the safety and use effect of a civil defense
project in other forms in violation
of the State-set relevant provisions;
(4) Intentionally damaging the civil
defense facilities;
(5) Producing or storing explosive, lethally toxic,
inflammable, radioactive or corrosive goods in a civil defense project.
Chapter IV Legal Liability
Article 28 (Administrative Punishment)
Administrative punishment shall be
imposed on any act in violation of these Procedures by the municipal, district
or county CDO
according to the following provisions:
(1) Those who, in
violation of the provision of Article 9 of these Procedures, fail to build the
co-built civil defense project
shall be given warnings and be ordered to build
within a prescribed time period, and may be cumulatively penalized with a fine
of between not less than 10,000 yuan, and not more than 100,000 yuan.
(2)
Those who, in violation of the provision of Article 11 Clause 1, fail to pay
construction fees of civil defense projects shall
be given warnings, and be
ordered to make correction within a prescribed time period, and may be
cumulatively penalized with a
fine of between not less than 10,000 yuan, and not
more than 100,000 yuan.
(3) Those who, in violation of the provision of
Article 12 Clause 1, fail to build civil defense projects according to the
State-set
defensive criteria and quality standard shall be given warnings, and
be ordered to make correction within a prescribed time period
and, as an
individual person, may be cumulatively penalized with a fine of between not less
than 1,000 yuan, and not more than
5,000 yuan and, as a unit, a fine of between
not less than 10, 000 yuan, and not more than 50,000 yuan.
(4) Those who, in
violation of the provision of Article 14 Clause 3, rent out or use civil defense
projects that fail to undergo
or pass the acceptance test shall be given
warnings, and be ordered to make correction within a prescribed time period and,
as
an individual person, may be cumulatively penalized with a fine of between
not less than 1,000 yuan, and not more than 5,000 yuan
and, as a unit, a fine of
between not less than 10, 000 yuan, and not more than 50,000 yuan.
(5) Those
who, in violation of the provision of Article 15 of these Procedures, fail to
submit completion files to the municipal,
district or county CDO shall be
ordered to make correction and be penalized with a fine of between not less than
10,000 yuan, and
not more than 30,000 yuan.
(6) Those who, in violation of
the provision of Article 16 of these Procedures, reconstruct civil defense
projects without authorization
shall be ordered to make correction within a
prescribed time period. Those who, in violation of the State relevant
provisions,
alter the principal structure of a civil defense project shall be
given warnings and be ordered to make correction within a prescribed
time period
and, as an individual person, may be cumulatively penalized with a fine of
between not less than 1,000 yuan and not
more than 5,000 yuan, and, as a unit, a
fine of between not less than.10, 000 yuan, and not more than 50,000
yuan.
(7) Those who, in violation of the provisions of Article 27 Items (1),
(2) and (3), conduct the prohibitive acts shall be given warnings
and be ordered
to make correction within a prescribed time period and, as an individual person,
may be cumulatively penalized with
a fine of between not less than 300 yuan, and
not more than 5,000 yuan and, as a unit, a fine of between not less than10, 000
yuan,
and not more than 50,000 yuan.
The MCDO may entrust the Shanghai
Municipal Civil Defense Supervision Administration Section to impose
administrative punishments
provided in the preceding clause.
Article 29
(Other Punishments)
Those who, in violation of the provisions of Article 27
Items (4) and (5), intentionally damage civil defense facilities or produce
or
store explosive, lethally toxic, inflammable and radioactive goods in civil
defense projects with their cases not serious enough
to constitute crimes shall
be punished according to relevant provisions of the regulations on public
security administration and
imposition of punishment. If their cases constitute
crimes, the wrongdoers shall be prosecuted for criminal liability.
Article 30
(Overdue Fines)
Where, in violation of the provision of Article 22 of these
Procedures, the unit using a public civil defense project fails to pay
use fees
of civil defense projects as required, the municipal, district or county CDO
shall order the payment within a prescribed
time period and may collect overdue
fines of 0.1% of delayed payment per day in addition.
Article 31 (Other
Administrative Handling)
Where, in violation of the provisions of Article 23
and Article 25 of these Procedures, the owner fails to go through the filing
of
civil defense project use and fails to comply with relevant requirements for the
maintenance and management of a civil defense
project, the municipal, district
or county CDO shall deal with the case according to the State and this
Municipality-set relevant
provisions.
Article 32 (Investigation of Illegal
Acts of Law-enforcers)
The staff of administrative departments of civil
defense shall abide by disciplines and laws, and enforce the law impartially.
Those
who neglect their duties, abuse powers, engage in malpractice for selfish
ends, extorting and accepting bribes or distort the law
shall be given
administrative sanctions by their work unit or relevant competent authorities.
If a crime is constituted, the wrongdoer
shall be prosecuted for criminal
liability.
Article 33 (Reconsideration and Lawsuit)
The party concerned,
if disagrees with the specific administrative act made by an administrative
department, may apply for administrative
reconsideration or bring an
administrative lawsuit according to the "Law of the People' s Republic of China
on Administrative
Reconsideration" or the "Administrative Litigation Law of the
People' s Republic of China" .
Where the party concerned does not apply for
administrative reconsideration, nor brings an administrative lawsuit, nor
performs
the specific administrative act within the prescribed time period, the
department that has made the specific administrative act
may apply to the
people' s court for enforcement according to the "Administrative Litigation Law
of the People' s Republic of
China" .
Chapter V Supplementary Provision
Article 34 (Effective Date)
These Procedures shall become effective on
April 1, 2003. The "Procedures of Shanghai Municipality on Administration
of Civil
Defense Projects" promulgated on May 19, 1993 by Decree No.36 of the
Shanghai Municipal People' s Government and revised and re-promulgated
on
December 14, 1997 by Decree No.53 of the Shanghai Municipal People' s Government
shall be repealed at the same time.
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