Henan People's Air Defense Construction Management Approach

Original Language Title: 河南省人民防空工程管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399471.shtml

Henan people's air defense construction management approach (November 27, 2013, Henan provincial government the 17th Executive meeting of December 16, 2013 159th promulgated by the people's Government of Henan province as of February 1, 2014) first to standardize the civil air defence works (hereinafter referred to as civil air defense engineering) management and improve overall protection, protect people's lives and property safety, according to the People's Republic of China civil air defense law of Henan province, and the implementation of People's Republic of China approaches the civil air defence law and other laws and regulations,

    Combined with the facts of the province, these measures are formulated.

Article within the administrative area of civil air defence works in the province's planning, construction, maintenance, use, supervision and management of activities, these measures shall apply.

    Civil air defense projects included in these measures for the protection of persons in time of war and the cloaked, people's air defense command and medical aid, and individual construction of underground protection of buildings (hereinafter referred to as the single civil air defense projects), as well as the landscape architecture Building basement that can be used for air defense in time of war.

Civil air defense construction third people's Governments above the county level shall be incorporated into the national economic and social development plan.

    People's Government above the county level in civil air defense project construction funds included in local government budgets.

Fourth civil air defense departments above the county level shall be responsible for the administrative area of civil air defense projects in planning, construction, maintenance and use of supervision and management.

    Development and reform, housing and urban-rural construction, planning, land and natural resources, finance, public security, work safety and other relevant departments according to their respective responsibilities to civil air defense project construction management related work.

    Fifth State organs, enterprises, institutions, social groups and individuals should abide by the laws, rules and regulations of civil air defense engineering, carry out civil air defense project construction and management obligations. Sixth people's Governments above the county level should encourage and support enterprises, institutions, social groups and individuals, through a variety of ways to invest in civil air defense projects.

    Civil air defense project construction in accordance with the relevant provisions of the State enjoy preferential policies.

Seventh people's Governments above the county level shall make the civil air defense project construction plans and into the urban master planning and detailed planning.

    Without authorization, no unit or individual is allowed to modify people's air defense construction plan; you want to change, and should be in accordance with the civil air defense project construction planning and approval procedures.

Eighth civil air defense construction plan should be balanced, to ensure focus, will focus on densely populated areas and protection goals as a protection key.

    No unit or individual shall not violate the people's air defense construction plan or planning requirements, and not according to the civil air defence engineering construction standards building civil air defense projects.

Nineth when planning for construction of civil air defence works, which should include the planning and construction of people's air defense works communicated with the underground connection channel or set aside. Completed civil air defense projects connected with other underground projects, formulated by the competent departments for civil air defense of development and reform, housing and urban-rural construction, planning, land and resources departments to develop implementation plans, gradually built a connection channel.

    Underground engineering in civil air defense works with other connected, owners, users and managers of underground engineering may not refuse.

Tenth, subway, tunnel, underground transport links as well as the construction of underground infrastructure, should take into account people's air defence needs.

Planning and construction of public green space, transportation hubs and other public infrastructure, should focus on the development and utilization of urban underground space, giving priority to the planning and construction of civil air defense projects or taking into account needs of civil air defense projects.

    Competent departments for civil air defense shall be involved in taking into account needs of civil air defense of city underground engineering and underground space development projects to review. 11th civil air defence command works, public shelter and evacuation roads project, organized by the competent departments for civil air defense building.

Construction was funded by the people's Governments at the corresponding level of civil air defence command works responsible public shelter and evacuation of road engineering construction funds, mainly by the people's Governments at all levels are responsible for financing and the competent departments for civil air defense law. Air Defense Brigade and special civil air defense projects such as medical care and material reserves, formed by the mass organizations for air defense sector and wartime medical care, material reserves and other departments are responsible for building, financing its construction was funded by the departments concerned.

Unit is responsible for the construction of the personnel and material of the shelter of the unit, its construction was funded by the financing unit.

Construction of basement by units or individuals responsible for the Organization, financing its construction was funded by construction units or individuals to include construction projects with a total investment.

    Important economic, traffic and other underground space development and utilization of the balance between protection of civil air defense construction projects such as construction, the unit is responsible for include construction projects with a total investment.

    12th people's Governments above the county level departments for civil air defense project construction land shall be protected according to law; the road connects the city of civil air defence works, electricity, heating, water supply, sewerage, communications systems, such as infrastructure, should be provided with the necessary conditions.

13th Dan Jian civil air defense projects project proposals, feasibility studies, preliminary design, construction drawing design documents in accordance with the permissions set by the State for approval. Urban construction of basement in new buildings in accordance with State provisions.

Air defence protection category, resistance level, and relative to the use, by the competent departments for civil air defense in civil air defense construction plan and the relevant provisions of the State.

    Referred to in the preceding paragraph buildings other than industrial production plants and supporting facilities including all unproductive construction.

14th city in new buildings of one of the following circumstances, not in accordance with the provisions of the construction of basement, the construction unit shall be reported to the approval of the competent departments for civil air defense; not approved construction, pay in accordance with national and provincial Building basement easy fee by the competent departments for civil air defense in civil air defense construction plan and harmonization of off-site construction:

(A) the piles and pile top embedded depth of less than 3 meters, or basement space net up to less than the required standards;

(B) in accordance with the provisions of the construction area is less than the floor of the basement construction floor space, first floor, structure and Foundation treatment of difficulty and cost is not reasonable;

(C) construction in quicksand, River, a shallow bedrock and other sections of the project, because of geological conditions are not suitable for construction;

(D) the compact housing building lot or underground pipelines, basement can not or difficult to take measures to ensure safety of the construction;

    (E) in accordance with the provisions of the construction area of the basement less than a protective unit area requirement.

Section 15th of the present circumstances as provided in article 14th, approved construction of basement not following new buildings, building basement relief should be easy:

(A) a new teaching building of kindergartens, schools, nursing homes, as well as the construction of facilities for the disabled and other civil construction be charged half;

(B) enjoy Government preferential policies to build affordable housing, public rental housing, affordable housing and slum housing to affordable housing free of charge;

(C) primary and secondary schools safety project to be free of charge;

(D) temporary buildings and does not increase the floor space of reconstruction of shabby housing renovations shall be free of charge;

(E) as a result of floods, fires after the damage caused by disasters or other force majeure according to the original area redevelopment of buildings shall be free of charge.

    Except as provided in the preceding paragraph and otherwise provided by the State relief items, no unit or individual shall not grant relief construction fees, suspension of air defense basement easy approval shall be free, and very little built, postponed air defence basements or lower basement level of protection.

    16th according to the construction and planning of urban civil defense engineering, the construction unit in civil air defense works masking area per capita has reached the national requirements of new buildings in the region, you can no longer build basement, pay in accordance with national and provincial Building basement easy fee by the competent departments for civil air defense based on people's air defense construction project planning easy.

17th Building basement easy fee collection standards, by the provincial Department in charge of price, together with fiscal and civil air defense departments set by the cost of a basement in the province. Basement off-site construction fees should be turned over to the State Treasury in full.

    No unit or individual may intercept or appropriate.

18th city in new buildings should be in accordance with the following provisions of civil air defense project construction audit procedures: (A) the description submitted to the competent departments for civil air defense construction projects, feasibility studies and geological survey reports and design approval documents, files and other materials.

Competent departments for civil air defense shall be effective as of the date of acceptance issued by the 7th air defense basement construction scale, protection levels, relative to the function of an audit opinion. (B) units based on the audit opinion of basement construction design and function conversion programming and construction drawing design documents of the peace function conversion plan approval of the competent departments for civil air defense.

Competent departments for civil air defense shall be effective as of the date of acceptance issued by civil air defense construction of project examination and approval within the 7th book.

    Units should be examined and approved by civil air defense project construction, according to the People's Republic of China urban and rural planning Act, Henan province, and the implementation of People's Republic of China approach of relevant provisions of the law on urban and rural planning, apply to departments of city planning administration of construction project planning permit. 19th civil air defense engineering, design, construction, supervision and are not allowed to modify people's air defense construction plan of the unit.

    Necessitates modification shall be submitted to approval of the competent departments for civil air defense.

20th civil air defense project construction design, construction, quality shall conform to the national standard of protection and quality standards.

    Engage in civil defense engineering design, construction, supervision and shall obtain a relevant qualification of personnel, implementation of national air defence works, standards, quality standards and technical regulations, law on civil air defense projects is responsible for the quality, and conservative in civil air defense works in the process of building knowledge of State secrets.

21st air defence works protection devices shall conform to the design of civil air defence works protection level.

For air defence works, equipment manufacturing enterprises shall qualify as a corresponding, and in accordance with the State standards for production, is responsible for the quality of their products.

    Protective equipment for civil air defense engineering quality inspection institution commissioned to product quality and installation quality testing, and responsible for the quality inspection report issued by. 22nd civil air defense project construction quality supervision and management system.
Civil air defense departments above the county level are responsible for air defence protection part of the engineering quality supervision and management, and may appoint a qualified construction quality supervision agency-specific implementation.

Entrusted to the engineering quality supervision organization shall, in accordance with national laws, regulations and mandatory standards and design documents of engineering quality supervision, issued by civil defense units declared completion of engineering project quality supervision report.

23rd civil air defense project construction unit in front of the project, shall be to the competent departments for civil air defense engineering quality supervision institutions delegate for the civil air defense engineering quality supervision procedures. Single civil air defense projects after completion, the construction unit shall, in accordance with the national regulations for acceptance.

Unqualified acceptance or acceptance shall not be delivered.

    After the completion of civil air defence basement, competent departments for civil air defense shall be on the special protective quality inspection, quality completion of the issuance of the final acceptance document substandard, the construction unit shall carry out rectification, after rectification is not qualified, the fee shall be paid in accordance with the provisions of civil air defence basement easy.

24th construction units from the civil air defense projects 15th will be the date of acceptance of the project completion report and commissioned the project quality supervision institutions and recognition of documents issued by the relevant departments reported to the competent departments for civil air defense.

    Air defense unit in the basement at the time of the Department of housing and urban-rural construction acceptance filing should provide a completed final acceptance documents issued by the competent departments for civil air defense.

    Archives management of units shall in accordance with the relevant provisions of article 25th, establishing and perfecting the civil air defense project archives and civil air defense projects into civil air defense in the 30th after the acceptance of the competent department or other relevant departments to transfer construction projects archives. 26th air defense command works, public shelter and evacuation roads engineering, is maintained by the competent departments for civil air defense management. Air Defense Brigade, medical assistance, material reserves and other special civil air defense engineering and unit personnel and material of the shelter, by the unit responsible for the maintenance and management. Basement by an individual or organization responsible for the maintenance and management.

Usual civil air defense projects by the person responsible for maintenance and management.

    Maintenance and management of civil air defense projects should be carried out in accordance with the relevant technical specifications, and meet the State standards.

27th article maintenance and management of civil air defense projects funds is guaranteed in accordance with the following provisions:

(A) responsible for civil air defence command works by the people's Governments at the corresponding level;

(B) personnel of the public shelter and evacuation roads projects by the competent departments for civil air defense engineering and maintenance management fees were charged;

(C) air defense Brigade, medical assistance, material reserves and other special civil air defense engineering and unit personnel and materials the shelter by his employer in accordance with the relevant provisions of the State expenditures;

(D) the basement by an individual or organization in accordance with the relevant provisions of the State expenditures;

    (E) utilization of civil air defence works, from the usual income expenditures.

    28th civil air defense engineering units, restructuring, merger and separation, bankruptcy, terminated or if there are other changes, archive should be transferred to the receiving unit of civil air defense engineering information, handle the maintenance and management of civil air defense engineering transfer procedures, and to the competent departments for civil air defense for the record.

    29th civil air defense project planning and construction of the ground near the main entrance of the building shall, in accordance with the collapse of the buildings RADIUS, left out of the main entrance and a civil defense engineering safety distances; conditions cannot stay a safe distance, and fall jam-proof measures should be taken to ensure that evacuation lanes open.

Article 30th all units and individuals have the obligation to protect the civil air defense engineering, prohibit the following acts against civil air defence projects:

(A) the unauthorized use, alteration, damage to civil air defense engineering facilities;

(B) the occupation, blocked civil air defense engineering evacuation routes, entrances, vents and into the ventilation shaft;

(C) endanger civil air defense projects within the safety area of quarrying, logging, soil, explosion, piling, pipes and construction of surface engineering facilities;

(D) to civil air defense projects in the discharge of waste water, waste gas and dumping of waste;

(E) in civil air defense works in the production, Stockpiling explosive, toxic, flammable, radioactive and corrosive substances;

    (Vi) other behaviors prohibited by laws and regulations. 31st without authorization, no unit or individual shall dismantle and scrap air defense projects.

Absolutely necessary to dismantle, scrap, shall be subject to approval of the competent departments for civil air defense. Approved the demolition of civil air defence works, demolition of the floor space of the unit or individual shall dismantle, protection and use, built within 1 year from the date of approval.

    Really can't be built, dismantle the unit or individual shall, according to the local new civil air defense engineering cost, payment to the competent departments for civil air defense removal compensation fees, up centrally by the competent departments for civil air defense building.

32nd air defense projects investors or managers of civil air defense works for others to use, should be entered into with a consumer safety responsibility of civil air defense project, clear users use and maintenance obligations, and supervise the implementation of obligations to the user.

    Peacetime utilization of civil air defense works must not affect the wartime protection efficiency, should not affect the peacetime conversion.

Article 33rd Air Defense Department staff and other relevant administrative departments of any of the following acts, by competent authorities or organs of its principals, managers directly responsible and other persons directly responsible shall be given sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) approval of the contravention, and very little built, postponed air defence basements or lower basement level of protection, or violation of regulations, permit the owner to pay construction costs instead of the construction of the basement of the basement easy.

(B) the violation of regulations, approved construction costs of air defence, tax relief, easy.

(C) in violation of regulations or do not issue approval documents issued by the.

(D) construction fees are withheld, misappropriated basement easy.

(E) concealed civil air defense engineering safety hazard.

    (Vi) other acts of dereliction of duty, abuse of authority or engages in.

    Article 34th in violation of these regulations, new buildings of cities in building basement and do not pay a fee for easily building, above the county level by the competent departments for civil air defense warning on the parties, ordered the construction of construction costs or to pay easy, construction of basement area can and should be fined not more than 30 yuan and 50 Yuan per square meter, but the maximum fine of not more than 100,000 yuan.

35th under any of the following acts, civil air defense departments above the county level shall give a warning to the person involved, and ordered to correct the violation can be fined in accordance with the following provisions; losses, the Party shall compensate the loss:

(A) occupation of civil air defense projects, an area of less than 100 square meters, fined a maximum of more than 1000 Yuan 2000 Yuan for individuals, the unit shall be fined a maximum of up to 10,000 yuan and 20,000 yuan; more than 100 square meters in size, more than 2000 Yuan for personal penalty of 5000 Yuan, fined a maximum of 20,000 yuan and 50,000 yuan for units.

(B) no protection in accordance with national standards and quality standards for the construction of civil air defence works, fined 10,000 yuan and 50,000 yuan fine.

(C) in violation of State regulations, changing the main structure of civil air defence works, demolition of civil air defense engineering facilities or otherwise endanger the safety and efficiency of civil air defence works, more than 1000 Yuan for individuals fined a maximum of 3000, the unit shall be sentenced to between 10,000 yuan and 50,000 yuan fine.

(D) refuses to fill after the demolition of civil air defence works built, an area less than 100 square meters, more than 2000 Yuan for individuals fined a maximum of 3000 Yuan, fined 10,000 yuan and 30,000 yuan for units; more than 100 square meters in size, more than 3000 Yuan for personal penalty of 5000 Yuan, more than 30,000 yuan for units below 50,000 yuan fine.

    (E) within the civil air defense projects into waste water, waste gas or waste-dumping, 300 yuan more than 1000 Yuan fine for personal, serious and fined 2000 Yuan and 3000 Yuan fines; the unit shall be fined a maximum of up to 5000 Yuan and 10,000 yuan, if the circumstances are serious, fined 10,000 yuan and 50,000 yuan fine.

    Article 36th in violation of these regulations, or wilful damage to civil air defense engineering facilities within the civil air defense engineering production, Stockpiling explosives, poisonous, flammable, radioactive and other dangerous goods, does not constitute a crime, in accordance with the People's Republic of China related provisions of the law on administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law.

    37th in violation of these rules, punishment provision of the construction engineering quality management regulation, its provisions. 38th article of the rules take effect on February 1, 2014.