Administrative Measures On Rail Transport Construction In Shijiazhuang City

Original Language Title: 石家庄市轨道交通建设管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201310/20131000392276.shtml

Administrative measures on rail transport construction in Shijiazhuang city

    (July 15, 2013, 13th session of the Standing Committee of the people's Government of the 4th review, Shijiazhuang on July 17, 2013 182th in Shijiazhuang city people's Government promulgated as of September 10, 2013) Chapter I General provisions

    First to regulate rail traffic construction and management, ensure the smooth progress of railway construction, and promote the sustained and healthy development of rail transport, according to the national laws and regulations, in this municipality, these measures are formulated.

    Second approach applies within the administrative area of the city of urban rail transit planning, land, investment, construction, facility protection and related administrative activities.

    Article rail transport in these measures refers to urban public transport system in the City subway, light rail public transport system. This approach by said track traffic facilities, including track, and subgrade, and high frame road (containing bridge), and tunnel, and station (containing out entrance, and channel, and ventilation Pavilion and cooling tower), and control center, and vehicles paragraph, and parking, and substation (by), civil engineering, vehicles, and power, and ring control, and communications, and signal, and to drainage, and air conditioning, and fire, and disaster and alarm, and sale ticket, and electric escalator, and shield door (platform door), and passenger information system, and station both inside and outside oriented logo system, and noise barrier, and civil defense facilities,,

    As well as for the protection of rail transportation provided for the operation of other related facilities.

    Fourth rail transport development should follow the plan, step by step, security first, the principles of scientific management.

    Fifth of municipal people's Government the establishment of rail transportation comprehensive coordination mechanisms, coordination of rail traffic in the construction and operation of major issues.

    Urban rail traffic control bodies responsible for the implementation of this approach.

    Municipal development and reform, finance, urban planning, land resources, construction, safety and quality supervision, urban management, landscape architecture, water conservancy, environmental protection, heritage conservation, transport, public security, civil defense and other departments within the scope of their respective duties and responsibilities related to rail construction management.

    City, County (City) land reserve institution responsible for rail traffic construction and development involving land reserve, municipal land reserve Center to handle related business.

    UMT in each County (City) and district (including development zone, Shijiazhuang zhengding district administration, the same below) should coordinate with rail transport related work, finance, planning, land and building, facilities protection priority protection of rail transit development.

    Urban mass transit administration rail traffic construction and operating units (referred to as building units or operating unit), which is responsible for rail traffic in this city of construction, operation and development work along.

    Sixth railway project approval, approval in accordance with the State policy on support for key projects.

    Rail construction process involves planning, construction, urban management, safety, quality, environmental protection, heritage conservation, transportation, fire protection, defense, landscaping, and irrigation, approval, approved by the municipal people's Government of the relevant functional departments management, departments should streamline approval processes, give priority for rail transit administrative examination and approval procedures.

    Article seventh power, telecommunications, water supply, drainage, heating, gas and other related units, should give priority to ensuring rail construction and operation.

    Citizens, legal persons and other social organizations should support the rail transit development, protection of rail transit facilities, maintenance of rail transit construction order.

    Chapter II planning and land use

    Eighth rail rail transit network planning, including planning, control for rail transport infrastructure planning (including mass transit underground space utilization plan), rail transit construction plans and related planning. Nineth compilation of urban rail transit planning should be based on the national economic and social development of urban and rural planning, urban planning, transportation planning, land use planning, and other public transportation planning, development and utilization of underground space planning link.

    Planning shall consult all relevant municipal departments, counties (cities), the district people's Government and the public opinion. Rail traffic planning, rail transportation facilities land use control planning, rail transit construction plan formulated by the municipal rail transit authority and approval in accordance with the relevant provisions.

    In accordance with the approved plans, urban rail traffic management agencies annual construction of the mass transit plans and related planning. Rail traffic planning permission is passed into urban planning.

    Approved rail transit shall not be arbitrarily changed; does need to change, should be in accordance with original examination and approval authority and procedure for approval.

    Tenth of municipal urban planning, land and resources departments should be strictly within the scope of management control for rail transport infrastructure planning of land, as land used for municipal infrastructure planning and management control, the need to protect mass transit construction.

    CRC facilities land use control planning, strictly control the construction of other projects within the scope of the red line, is really necessary and mass transit facilities, building projects and other public facilities, the city urban planning departments should be written after consultation with the urban mass transit administration, issued by the planning conditions and approval procedures. CRC facilities planning control, should consider the safety needs, evacuation and reserved space.

    When planning for mass transit stations, should give full consideration to rail transport and conventional bus, taxi, social traffic, long-distance passenger and freight, railway, aviation and other modes of transportation converge conditions allow transfer hubs, parking, public transportation and public facilities.

    Land for urban plan of mass transit facilities, should not be changed; really necessary change of use shall, in accordance with legal procedures to apply for approval. 11th track transport facilities used by city and County to allocate supply.

    Land and resources departments should be under the rail transit planning requirements and land for building sequential supply rail facilities.

    Rail transit construction land implement ground, aerial and underground stereo tiered registration system, handled by the land and resources administration in accordance with the land use for land registration and ownership. 12th track traffic construction project "surface, ground and underground integrated and coordinated" principle.

    Other new construction conflicts with the rail construction, in accordance with priorities, taking into account the General principles.

    Rail transit construction require the use of surface, ground and underground space, the adjacent buildings (structures) buildings, pipelines and other facilities of the owner, the right people and land should be provided with the necessary facilities.

    Rail transportation use of underground space, layered use of land required by the urban planning and the principles of processing, without the limitation of the land above, above and around the building (structure) of the ownership and use of land should be facilitated.

    Rail transit entrances, ventilation Pavilion and construction of cooling towers and other facilities need to be combined with the surrounding property, neighboring property owners, the holder should be provided with the necessary facilities.

    Rail construction that does damage to the legitimate interests of right holders should be given reasonable compensation.

    13th city names authorities in accordance with the relevant provisions of article, organize and make mass transit railway station named plans, after the publication of the Commission submitted to the municipal people's Government.

    Chapter III investment and land development

    Article 14th rail transit construction funds government invests and the principle of combining to raise, the legitimate rights and interests of investors are protected by law.

    15th municipal people's Government is responsible for rail traffic financing capital construction projects, establish and improve rail construction capital investment, subsidies and compensatory mechanisms to guarantee the smooth progress of railway construction and operation.

    Establishment of special funds for the development of rail transit construction, funding, use and supervision in accordance with the municipal special provisions.

    Urban mass transit Administration Office for rail transit construction investment and financing, the construction units responsible for financing the implementation of the programme, municipal finance and land and resources, financial and other related departments in related work within their respective mandates.

    16th of municipal financial and auditing departments stationed specialized personnel in accordance with the relevant provisions of rail investment and construction funds to track audit and oversight.

    17th new mass transit project is municipal engineering in nature, included in the municipal urban construction plan, and allocate funds in the municipal urban construction plans.

    18th track the traffic around the site properties are docked with the rail traffic gate, you should follow the principle of paid use.

    19th rail lateral within 500 metres of the edge of the site land, rail transport specific areas of land approved by the municipal people's Government into the rail traffic control of land use, in the formulation of land reserve scheme and the collection plan, land reserve institution and is imposed by the housing sector should seek the views of rail transit authority, its net income from land used for railway construction, operations and repay its debts.

    City, County (City) land reserve on lateral within 500 metres of the edge of the rail transport priority development value of the land purchase, meet the needs of rail transit construction financing.

    20th construction units and on rail transportation infrastructure indivisible, must be uniformly implemented projects in engineering, harmonization of planning and design, development.

    21st of municipal or County (City) planning of land reserve and reserve of land for business use, involving rail transit security, restrictions on land use and special requirements, the tender to sell can be taken, in accordance with the overall best bidder principles identify the assignee.

    22nd track traffic construction projects are required to pay the administrative fees, is a municipal government approval of new wall material Special Fund, waste disposal, urban infrastructure supporting fees to relief; other taxes to be paid, can be reduced, in accordance with the relevant provisions of relief.

    23rd of municipal building departments according to rail transit project investment and construction characteristics of rail transit engineering of migrant wages deposit collection and use special management.

    The fourth chapter building
24th track traffic construction project shall, in accordance with the national infrastructure program.

    Rail transit project investigation, design, construction, supervision, testing, monitoring, equipment supply, acceptance of construction activities shall comply with laws, regulations, technical standards and norms.

    25th track traffic construction according to the project situation, project contracting, build-transfer (BT) and build-operate-transfer (BOT) mode of operation, the people's Government for approval.

    26th rail transport units shall in accordance with the State of the bidding law, regulations for the implementation of the bidding law and provincial and municipal regulations, engineering survey, design, construction, supervision and construction-related equipment and materials procurement, shall organize a tender, tender and bid activities shall enter the tendering and trading places.

    27th rail units involved shall take security measures, reduction of rail transport on the above and around a building (structure) and the impact of urban infrastructure, guaranteeing their safety.

    Construction unit should take effective measures to reduce and prevent dust, waste water, waste gas, noise and vibration pollution and harm to the surrounding environment. 28th construction units for rail transit engineering construction responsibility. Employer, the survey, design, construction, supervision, quality testing, monitoring units and other mass transit projects relating to the safety and quality unit shall bear responsibility for rail safety and quality.

    Units in charge of the unit mass transit safety and has overall responsibility for quality control, project head for the rail transit project responsible for safety and quality. Municipal building departments responsible for rail safety and quality supervision and management, and should be combined with construction of rail transit project patterns and characteristics of special railway engineering quality supervision and inspection management, project quality supervision and rail traffic was clear acceptance criteria.

    Other relevant departments in accordance with the provisions of laws, regulations and measures, within their respective areas of responsibility of the rail transit project safety and quality supervision and management. 29th due to rail transit construction need permanent or temporary move to pipelines, the unit is responsible for approval of the comprehensive design of the pipeline. Approved pipeline pipeline property unit integrated design and planning requirements of construction drawings for approval, as well as planning, land, construction and other preliminary procedures, and their respective pipelines to move into.

    Ex-change fee after validation by the Municipal Finance Department, borne by the employer.

    Moved change may increase when the pipeline to raise standards, increasing capacity and exceeding the standard fee for part of the construction unit shall no longer bear. 30th due to temporary migration monitoring equipment needed for rail transit construction, transport, sanitation, public lighting, sports and fitness facilities, billboards, Billboard, kept by individual or management unit is responsible for the transfer of property rights, and so on.

    After you have fetched conditions, title or original facilities management unit be restored, after municipal finance department examination, the migration and recovery costs, borne by the employer.

    Facilities needs of road excavation, upon completion of the transfer of maintenance unit is responsible for the timely recovery of the road. 31st to transplant trees due to rail transit construction, the construction units should organize gardening and other related departments discussing the options and optimize to transplant the trees, reduces the number of trees as possible, and in accordance with the relevant provisions of approval procedures, gardening departments should timely approval and are responsible for tissue transplants.

    Porting fee after validation by the Municipal Finance Department, borne by the employer.

    In the rail transport area under the control of satellite greening projects, handled by the construction to the municipal gardening authorities implement after approval procedures. During the 32nd track traffic construction, public security and traffic management departments should be involved in the construction of roads, organizations develop emergency and road traffic organization programme traffic jams.

    Traffic organization programme shall be published in the major media in this city before the implementation of the 7th.

    33rd rail transit project in accordance with the conditions and procedures prescribed by the State, divided into units, project construction quality acceptance inspection, acceptance, national acceptance of the four phases of the project.

    Rail transit engineering construction quality acceptance of all units contained only after acceptance of urban rail transit projects could be organized.

    Rail traffic project after acceptance, employer organizations do not carry trial run, test running after 3 months, units can organize a project completion acceptance.

    Upon acceptance, rail transit project to be put into trial operation, test operation period of not less than 1 year. Expiration of trial operation, urban mass transit authorities drew attention to the relevant superior departments organized national acceptance.

    After acceptance, be put into formal operation.

    34th units shall collect, collate track traffic construction project archives, in the country upon the acceptance of transfer of rail transport to urban construction archives management of construction engineering archives.

    The fifth chapter conservation of protected areas and facilities 35th article of the city rail transit reserve, ensure smooth rail traffic construction and after the completion of the operation, protected areas are divided into control and key protected areas. Before construction, protected areas proposed by the construction programme, and town and country planning, land and resources administration audit record.

    Upon completion of the works, again verified reserves, urban planning, land and resources departments for the record.

    Article 36th track traffic control the range of protected areas are:

    (A) underground station and a tunnel structure of lateral line within 50 m;

    (B) ground station, the elevated station and track lateral within 30 metres of the outer edge;

    (C) the entrances, ventilation Pavilion, the substation building (structure) structure of lateral line within 10 meters;

    (D) rail tunnel structure of lateral line to cross the river within 100 meters.

    37th in rail traffic control focus set up rail transport within protected areas, rail transport range of key protected areas are:

    (A) underground (railway stations, tunnels, etc) structure of lateral line within 5 meters;

    (B) Viaduct (bridge, station) lateral line within 3 meters of vertical projection of engineering structures;

    (C) ground stations and the ground line of embankment or cutting the outer lateral edge within 3 meters;

    (D) entrances, the wind Pavilion, vehicle, control centers and substations, cooling towers and other buildings (structures) structure of lateral line within 5 meters;

    (E) rail tunnel structure of lateral line to cross the river within 50 metres.

    In key protected areas, except with the approval of the landscape, sanitation, civil air defense engineering, municipal utilities and projects involving public safety, building other projects.

    Article 38th, based on geological conditions, or other special circumstances, the construction unit can put forward the views of local rail traffic reserve, urban and Rural Planning Department before implementation.

    39th in the rail traffic control within the protected area of the following operations, planning, urban management, water supplies, transportation and other departments for administrative licensing procedures, shall seek the urban mass transit administration in writing comments:

    (A) the construction or demolition of building (structure);

    (B) engaged in construction surveying, drilling, drilling, pile driving, jacking, grouting, mining, underground blasting, erection, precipitation, ground, ground pile of unloaded, anchor and anchor may affect the safety of rail transport, such as construction work;

    (C) excavation for construction of ponds, River canals, dredging, flood and drainage, quarrying digging sand;

    (D) large area to increase or decrease the load;

    (E) overhead like laying of pipelines or to set up a cross-line operations, and achieve through the underground tunnel of the railway roadbed;

    (F) the need to cross or cross the rail transport operation;

    (VII) needs moving, demolition and relocation of rail transport operations;

    (VIII) other possible activities endangering rail transit facilities. 40th in rail traffic control within the protected area to carry out such operations, operations should develop a special construction and security programmes (including monitoring programme), the relevant Department approval before construction.

    Work units should be approved construction plan and security protection scheme of Shanghai rail transit authority records.

    Have a greater impact on mass transit security, companies should also organize expert review discussing the options safety protection, and professional institution commissioned impact zone for dynamic monitoring on the job.

    Operations not in accordance with the approved construction period commencement shall re-apply for approval.

    41st in rail traffic control operations in protected areas, work units should be strictly in accordance with the approved construction and security programmes work, signed a security agreement in the pre-construction and construction units, construction project safety monitoring.

    City rail traffic management agencies have the right to enter operations in the reserve units in the control view of the construction site found construction activity endangers or could endanger the safety of rail transportation facilities, right to require the companies to stop work and take appropriate remedial measures.

    42nd in rail transit Viaduct (bridge, station) in vertical projection zone prohibiting illegal occupation of land, no stacking items without permission, to park motor vehicles, machinery and equipment, and so on.

    43rd prohibits the following damage to rail transit facilities:

    (A) secondary occupation, moved, closed or diverted to any other use, removal of rail transit facilities;

    (Ii) defaced or moved without authorization, covering safety and fire warning sign, evacuation guide signs, signboards and measurement facilities, surveillance equipment and security equipment;

    (C) damage to tracks, tunnels, stations, vehicles, security equipment, embankment, slope, drainage facilities and equipment;

    (D) damage and interference of mechanical and electrical equipment, cables, and signal systems;

    (E) rail transit entrances, ventilation pavilions, cooling tower lateral stacking items in the 5 meters;

    (F) the vent station within 50 metres of the entrance storage, toxic, poisonous, flammable, explosive and other materials;

    (G) the improper use of rail facilities, actions undermining the security of the person and property of others;
(VIII) other acts of undermining the security of mass transit facilities.

    Traffic management agency set up a 44th track, is responsible for the protection of rail traffic during the construction and operation of facilities.

    Rail traffic management agencies to establish reporting mechanisms, any organizations or individuals found that jeopardize the safety of rail traffic and shall timely alarms or reports to the rail traffic management agencies, rail traffic management agencies should be processed in a timely manner.

    Sixth chapter of emergency and accident handling

    Article 45th response into the city's emergency system in rail transit construction, by the municipal emergency response authorities are responsible for overall planning and coordination, established by the city, rail traffic management, emergency authorities, agencies, other levels of participation units and emergency management system.

    Article 46th unit rail transportation emergency plans should be developed and submitted to the municipal people's Government for the record.

    Employer, the construction should be under the rail traffic construction such as emergency plans, there may be a significant source of security risks and realities of construction projects, development of rail transit engineering special emergency plan for major accidents, and municipal special emergency plans and municipal relevant departments link.

    Safety accident emergency management in accordance with the relevant provisions of the State.

    47th of municipal emergency response authorities are responsible for organization of rail transport related sectors of emergency knowledge propaganda and education, organized municipal emergency response team in rail transit construction of emergency drills.

    Construction unit should coordinate the units involved to set up emergency rescue organizations, equipped with rescue personnel, reserve and emergency relief supplies.

    The construction unit shall organize regular emergency response training and exercises, for problems found in a walkthrough, revision of relevant special contingency plans in a timely manner. 48th track traffic construction in the event of natural disasters, accidents or other incidents, construction, construction units concerned should immediately activate emergency response plans, the implementation of rescue work, and to take the necessary measures to prevent the damage to expand, while according to the relevant provisions to the municipal rail transit management agencies, building departments and production safety supervision and management departments report.

    City rail traffic management agencies, building departments, and after receiving the report, shall be reported to the Department pursuant to the provisions.

    City track traffic management institutions, and city construction competent sector, and units, and construction units, and municipal professional emergency rescue team, and event involved of municipal based facilities property or management units,, should in local Government of unified led Xia, according to event of serious degree and effect range, started corresponding of emergency plans, according to track traffic burst event emergency plans and emergency command Department command carried out emergency guarantees and rescue rescue work.

    49th after the emergency ended, construction design, construction units should be organized to develop rehabilitation programmes, if necessary by experts before implementation.

    50th construction, construction units shall be encouraged to participate in insurance, the use of modern information technology to enhance monitoring of construction site management, improving risk prevention capability.

    The seventh chapter legal liability

    51st in violation of these regulations relating to rail transportation planning, land, investment, construction, operation, facility management, and punish according to law by the relevant law enforcement departments causing damage or affect the normal rail traffic construction of rail transit facilities, shall bear civil liability, if the circumstances are serious enough to constitute a crime shall be investigated for criminal liability.

    52nd occupied land for urban plan of mass transit facilities, urban and rural planning and relevant law enforcement departments of land and resources in accordance with their respective responsibilities shall be punished according to law.

    53rd rail construction, survey, design, construction, supervision, monitoring, testing and other units in rail transit construction projects around the building (structure) and pipeline facilities damage, shall bear the corresponding legal responsibility.

    54th rail construction, survey, design, construction, supervision, monitoring, inspection, delivery and insurance units in violation of the relevant laws and regulations does not discharge the responsibilities of security management, rectification and punishment according to law by the relevant law enforcement departments.

    55th in the rail traffic control within the protected area without a permit for the approach described in the 39th job or not according to the approved security plan in the security zone and construction, planning, urban management, water supplies, transport in accordance with the relevant laws, regulations and regulatory penalties.

    56th article to prevent, abuse, mobbing, beating rail transit construction personnel to perform tasks or the looting and theft of rail transit construction of rail transportation equipment, shall be legally punished by public security organs, if the circumstances are serious enough to constitute a crime shall be investigated for criminal liability.

    The eighth chapter by-laws

    57th city orbit traffic management bodies in accordance with the measures can be developed and implemented programmes and other relevant provisions, submitted to the municipal people's Government for approval before implementation. 58th article this way since September 10, 2013.