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(Promulgated on April 3, 2003 by Decree No. 1 of the Shanghai
Municipal People's Government)
Article 1 (Purpose and Basis)
For the purpose of strengthening the
administration of the construction and use of obstacle-free facilities in the
Municipality,
these Procedures have been formulated in accordance with the
provisions of relevant laws and regulations, and in the light of the
actual
circumstances of this Municipality.
Article 2 (Application Scope)
These
Procedures shall apply to the construction of necessary accessory obstacle-free
facilities to the construction projects such
as the newly-built, re-built or
extended public buildings, urban roads, residential buildings and residential
quarters, etc. (hereinafter
referred to as construction projects), and the
relevant management activities.
The specific scope of public buildings shall
be determined according to the "Norms on the Obstacle-free Design of Urban Roads
and
Buildings" formulated by the Ministry of Construction, the Ministry of Civil
Affairs and the China Association of the Handicapped
(hereinafter referred to as
Design Norms), and the relevant provisions of the Municipality.
Article 3
(Definition)
The obstacle-free facilities mentioned in these Procedures refer
to the service facilities built in the construction projects as
necessary
accessory facilities for the safe passage and convenient use of the handicapped
and senior citizens.
Article 4 (Administrative Department)
The Municipal
Construction and Administration Commission (hereinafter referred to as the MCC)
shall be responsible for the supervision
and administration of the construction
and use of obstacle-free facilities in the Municipality.
The district
(county) construction and administration departments shall, according to these
Procedures, be responsible for the supervision
and administration of the
construction and use of obstacle-free facilities in their respective
administrative area.
The administrative departments of the Municipality such
as the development plan, planning, finance, real estate, urban construction,
civil affairs, public security, communications, tourism and greening, etc. shall
coordinate in the application of these Procedures
according to their respective
duties.
Article 5 (Professional Planning)
The MCC shall, jointly with the
departments of planning, civil affairs, the Association of the Handicapped, and
the Commission of
the Senior Citizen Affairs, formulate the professional
planning for the construction of obstacle-free facilities, and implement
the
planning after being approved by the Municipal Government.
Article 6
(Construction of Necessary Accessory Obstacle-free Facilities)
The
construction unit of the newly-built, re-built and extended construction project
shall, according to the prescribed standard
and requirement, construct the
necessary accessory obstacle-free facilities, and ensure the synchronized
design, construction and
delivery for use with the construction
project.
Article 7 (Designing Requirement)
The design unit shall, in the
designing of the construction project, design the necessary accessory
obstacle-free facilities according
to the "Design Norms" and the provisions of
the Municipality on the construction standard of the construction of
obstacle-free
facilities.
The design unit shall, in the designing of the
passage for the blind persons, connect the passage to the existing obstacle-free
facilities nearby the construction project.
The municipal standard of
obstacle-free facilities shall be formulated by the MCC jointly with relevant
departments.
Article 8 (Examination of Construction Projects)
The
municipal, district (county) administrative departments of planning and
administrative departments of construction shall list
the content of the
construction of necessary accessory obstacle-free facilities in the scope of
examination before their checking
and issuing the "Permit of Construction
Project Planning" and the "Permit of Construction Project Implementation"
according
to regulations, and shall deny the examination and approval of a
project that does not design and build obstacle-free facilities
according to the
provisions in Article 6 and Article 7 of these Procedures.
Article 9
(Construction and Installation of Graphic Signs)
The unit in charge of
construction shall, according to the approved designing documents, build the
necessary accessory obstacle-free
facilities.
The construction unit shall
install graphic signs for the completed obstacle-free facilities to guide and
remind people of the correct
use of the obstacle-free facilities.
Article 10
(Acceptance Examination and Reporting for the Record)
After the completion of
the construction project, the construction unit shall, in the organization of
the acceptance examination,
at the same time perform the acceptance examination
of the necessary accessory obstacle-free facilities, and submit the acceptance
examination report of the construction project including the content of the
building of obstacle-free facilities to the municipal
or district (county)
construction and administration departments for the record.
The quality
supervision agencies of construction projects entrusted by the municipal or
district (county) construction administrative
departments shall, in their
submitted quality supervision report of the construction project, include the
content of the building
of the obstacle-free facilities.
The municipal or
district (county) construction administrative departments shall, when finding
acts that violate the provisions
of these Procedures in the process of the
construction unit's acceptance examination, order a rectification within a time
limit.
Article 11 (Daily Maintenance)
The property owner or the manager of
the construction project shall be responsible for the maintenance of the
obstacle-free facilities.
The person responsible for the maintenance of
obstacle-free facilities shall, according to the prescribed standard and
requirement,
conduct the daily maintenance and repair of the obstacle-free
facilities to ensure the normal use of obstacle-free facilities.
Article 12
(Reconstruction of Obstacle-free Facilities)
The MCC shall, jointly with
relevant departments, formulate annual reconstruction plan for the completed
construction project without
necessary accessory obstacle-free facilities, or
with necessary accessory obstacle-free facilities but failing to the prescribed
standard and requirement.
The property owner or the manager of the
construction project shall reconstruct the obstacle-free facilities according to
the annual
reconstruction plan.
The reconstruction fund shall be borne by the
property owner or the manager of the construction project.
Article 13
(Forbidden Acts)
No unit or individual person may damage, occupy without
authorization or use the obstacle-free facilities, or change the use of
obstacle-free facilities.
Article 14 (Examination and Approval of Temporary
Occupation and Use of Obstacle-free Facilities)
The urban construction or
important social welfare activities shall, in case of a need of temporary
occupation and use of urban
streets, avoid the occupation and use of
obstacle-free facilities. In case of a real need of occupying and using of
obstacle-free
facilities, such occupation and use shall be approved by
departments concerned according to law, and warning signs or signal facilities
shall be installed.
At the expiration of the temporary occupation and use,
the relevant unit shall restore the obstacle-free facilities to the original
state.
Article 15 (Supervision)
The municipal, district (county)
construction administrative departments shall strengthen the daily supervision
and administration
over the construction, maintenance and use of obstacle-free
facilities, and shall timely stop acts that violate the provisions of
these
Procedures, and handle the case according to law.
The Municipal, district
(county) association of the handicapped, commission of the senior citizens'
affairs and other mass organizations
or individual persons have the right to
exercise supervision over the construction, maintenance and use of obstacle-free
facilities,
and may report to the municipal or district (county) construction
administrative departments in case of finding problems. The municipal
or
district (county) construction administrative departments shall investigate and
handle the case in time upon receiving the report.
Article 16 (Penalty to
Acts that Do Not Implement the Reconstruction as Required by Law)
The
property owner or manager of the construction project who does not implement the
reconstruction according to the annual reconstruction
plan of obstacle-free
facilities shall be ordered a rectification within a time limit by the municipal
or district (county) construction
administrative departments. In case of an
overdue of the time limit, a fine of between not less than 5,000 yuan and not
more than
30,000 yuan shall be imposed.
Article 17 (Penalty to Acts that
Damage Obstacle-free Facilities)
Acts that violate the provisions of these
Procedures, damage or occupy and use obstacle-free facilities without
permission, or change
the use of obstacle-free facilities shall be ordered a
rectification within a time limit by the municipal or district (county)
construction administrative departments, and may cumulatively be penalized with
a fine of between not less than 500 yuan and not
more than 5,000 yuan.
The
administrative penalty provided in the preceding clause of this Article shall be
exercised by the urban administration and supervision
agency of the district if
the comprehensive law enforcement of city administration has been adopted in
that district.
Where laws, rules and regulations have otherwise provided, the
provisions of such laws, rules and regulations shall be followed.
Article 18
(Penalty to Constructions that Do Not Meet the Standard)
The design and
construction of obstacle-free facilities that does not follow the compulsory
standard of the construction of obstacle-free
facilities shall be handled
according to the provisions of laws, rules and regulations.
Article 19
(Effective Date)
These Procedures shall become effective on June 1,
2003.
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