Provisions On Administration Of Civil Air Defense Works In Hubei Province

Original Language Title: 湖北省人民防空工程管理规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201305/20130500387180.shtml

Provisions on administration of civil air defense works in Hubei Province

    (January 7, 2013, Hubei provincial people's Government Executive meeting January 10, 2013, Hubei provincial people's Government order No. 358, published since March 1, 2013) Chapter I General provisions

    First in order to regulate the management of civil air defense works, improve the social and economic benefits of civil air defense works to protect people's life and property safety, according to the People's Republic of China civil air defense law of Hubei 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 provisions are formulated.

    Article in the administrative area of civil air defense works in the province (hereinafter referred to as civil air defense projects) related to the planning, construction, maintenance, use, and management activities, these provisions shall apply.

    For the protection of civil air defense works in these rules refers to wartime personnel and material cover, 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 (hereinafter referred to as basement).

    Third people's Governments above the county level shall strengthen the management of civil air defense engineering leadership, civil air defense projects into national economic and social development planning, and civil air defense project management requirements are included in the local government budget.

    Fourth people's Governments above the county level in the competent departments for civil air defense shall be responsible for the administrative management of civil air defense engineering work.

    Development and the people's Governments above the county level reform, finance, public security, housing and urban-rural construction, land resources, price control and supervision of the competent authorities in accordance with the Division of responsibilities, management of civil air defense project related work.

    Fifth people's Government above the county level and their departments should strengthen the dissemination of the work of civil air defense engineering management, increase citizen awareness of civil air defense.

    Radio, television, newspapers, Internet and other media units should strengthen the public awareness of the work of civil air defense projects management, for management of civil air defense projects to create a good social atmosphere.

    Sixth State organs, enterprises, institutions and other organizations should strictly enforce the civil air defense engineering laws, rules, regulations and related policies and regulations, carry out civil air defense engineering management obligations.

    Seventh to encourage and guide enterprises, social organizations and individuals invest in the construction, development and utilization of civil air defense works and by granting tax concessions.

    Article eighth of any unit and individual have the protection of civil air defence works obligation and right to report acts against civil air defense projects.

    The people's Governments above the county level shall report to the competent departments for civil air defense shall establish and improve the system, accepting reports of units and individuals for acts against civil air defense projects, and reporting matters and acceptance, as well as related information confidential informants; real name reporting, whistle-blower should be investigated and dealt with, to reply.

    Nineth in civil air defense works have made remarkable achievements in the management of the units and individuals, given by the people's Governments and military organs above the county level commendations and awards.

    Chapter II civil air defense engineering planning

    Tenth people's Governments above the county level competent departments for civil air defense shall, together with the people's Governments at the corresponding level of land and resources, housing and urban-rural construction departments, such as the preparation of the administrative area of civil air defense construction plan and in consultation with the people's Governments at the competent departments for civil air defense of views, the people's Governments at the corresponding level for approval.

    The people's Governments above the county level shall incorporate civil air defense construction plan into urban and rural 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 civil air defense construction plan and preparation and approval procedures.

    11th civil air defense construction plan should be balanced, to ensure focus on schools, hospitals, stations, shopping malls and other densely populated areas 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.

    12th competent departments for civil air defense shall, according to the people's Governments above the county level people's air defense construction plan, annual implementation plan of preparation of civil air defense project construction, reported the people's Governments at the corresponding level for approval, and strengthen supervision and inspection of civil air defense construction plan and implementation, timely investigate and deal with acts in violation of civil air defense construction plan.

    Chapter III civil air defense project construction

    13th civil air defense construction should follow the same planning, key projects, and combination of peacetime, the principle of quality first.

    14th civil air defense project construction responsibility:

    (A) the civil air defence command works, public shelter and evacuation roads engineering, by the construction of the competent departments for civil air defense is responsible for organizing the people's Governments above the county level, and its construction was funded by the people's Governments at the corresponding level budget arrangements for financing and the competent departments for civil air defense according to law;

    (B) 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 the Organization-building, whose construction was funded by the relevant departments and units are responsible for;

    (C) 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;

    (D) important economic objectives, ground transportation facilities and other underground space development and utilization of construction projects taking into account requirements for protection of civil air defense construction, the unit is responsible for include construction projects with a total investment.

    15th relevant departments of the people's Governments above the county level shall safeguard for civil air defense project construction land, connects the city of civil air defence works, roads, electricity, water supply, sewerage, communications, sewerage, fire system construction, provided the necessary conditions.

    16th Dan Jian civil air defense engineering project proposal and feasibility study, preliminary design, construction drawing design documents, in accordance with the permission and approval of the following:

    (A) the province, civil air defense priority cities of civil air defence command works, as well as the investment of more than 200 million Yuan, the provincial governments after the competent departments for civil air defense accepts, in accordance with the relevant provisions of the approval procedures;

    (B) investments of more than 10 million Yuan less than 200 million Yuan, the provincial governments for civil air defense departments in charge of examination and approval;

    (C) size of less than 10 million yuan of investment, by the competent departments for civil air defense project location municipal people's Government for approval, the competent departments for civil air defense project proposals submitted to the provincial people's Government for the record. Municipal people's Government above the competent departments for civil air defense since the acceptance form of civil air defense projects project proposals, feasibility studies, preliminary design, construction drawing design document approval date of the application, each Party shall review has been completed in 10 working days.

    Eligible, be approved; not eligible shall not be approved, and shall inform the reason.

    17th urban planning in new buildings in the district, according to the following standards for the construction of basement:

    (A) the national civil air defense priority cities, in accordance with the standard construction of the ground construction area of 5%;

    (B) state two or three types of civil air defense priority cities, in accordance with the standard construction of the ground construction area of 4%;

    (C) the civil air defense priority cities at the provincial level, in accordance with the standard construction of the ground construction area of 3%;

    (D) more than 10 buildings, less than ground floor area of the basement area, in accordance with the construction of basement ground floor area.

    Construction means the industry referred to in the preceding paragraph all unproductive construction outside the production plant and its facilities.

    New buildings of air defence protection category, resistance level, and relative to the use, by the competent departments for civil air defense by the people's Governments above the county level people's air defense construction plan and the relevant provisions of the State.

    18th air defence basements should be synchronized with the ground plan, synchronization design, construction, completion and acceptance.

    Competent departments for civil air defense shall participate in the people's Governments above the county level should be built on air-defense basement of civil building planning and project report of the audit, in accordance with national and provincial regulations is responsible for air defence, protection of design review and quality supervision.

    Of the 19th under any of the following circumstances, not in accordance with the provisions of the construction of basement construction units can contribute to the people's Governments above the county level shall apply to the competent departments for civil air defense, and submitted to the relevant demonstration material:

    (A) River, flowing sand, with shallow bedrock geological conditions such as not suitable for construction of the basement;

    (B) by the use of pile foundation and pile top embedded depth of less than 3 m or inadequate provision of basement space clear height;

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

    (D) according to the prescribed standards should be built basement area was less than gross floor area on the ground, and the structure and Foundation treatment of difficult, the construction cost is manifestly unreasonable;

    (E) other circumstances as stipulated by the national and provincial. 20th air defense authorities of the people's Governments above the county level people after receiving the application, should carefully read the relevant material, if necessary, to conduct field investigations and inspection, and 10 working days from the date of receiving the application, make a decision on whether to approve within.

    Is not granted, it shall inform in writing the reason.

    Article 21st by the people's Governments above the county level of the approval of the competent departments for civil air defense Building basement, the construction unit shall be paid in accordance with the regulations of civil air defense construction projects easy.

    Building fees by civil air defense projects easy pricing, financial and civil air defense departments, and adjust as appropriate.

    Civil air defense construction projects easy fee into the local Government's financial budget management, mainly for the civil air defense project construction, maintenance, no unit or individual may intercept or misappropriate funds.

    22nd new following civil construction projects, by the people's Governments above the county level of the approval of the competent departments for civil air defense Building basement, you can easily reduce or waive civil air defense engineering construction:

    (A) enjoy Government preferential policies to build affordable housing, affordable housing and other low-income housing free of charge;

    (B) a new teaching building of kindergartens, schools, nursing homes, as well as the construction of facilities for the disabled such as civil construction half charge, primary and secondary schools free of safety engineering;

    (C) temporary buildings free of charge;
(D) due to flood, fire or other irresistible disaster caused damage to buildings in accordance with part of the original area of repair free of charge.

    No unit or individual may unlawfully relief for construction of civil air defense projects easy, except as otherwise provided.

    Employer shall not refuse to pay the civil air defense construction projects easy fee or a reduction in protection standards of the basement.

    Article 23rd in urban underground traffic facilities, underground Street corridor and other underground construction, consideration shall be given for civil air defense protection requirements.

    On city squares, green areas, parks and other public places, encourages the development of social funds in line with people's air defence requirements for protection of urban underground space.

    24th air defense projects should be consistent with national protection standards and quality standards.

    Units engaged in civil defense engineering design, construction, supervision and personnel should have appropriate qualifications and comply with relevant national laws, regulations and technical standards, law on civil air defense projects is responsible for the quality, and conservative civil air defense projects in the process of building knowledge of State secrets.

    25th air defence works equipment production enterprises shall have corresponding qualifications and according to the State standards for the production and installation, is responsible for the quality of their products.

    Protective equipment for civil air defense engineering quality inspection agency should be on product quality and installation quality testing and quality inspection certificate issued.

    26th the people's Governments above the county level shall of the competent departments for civil air defense basement protection part of engineering quality supervision management, qualification and entrusted with a civil air defense engineering quality supervision agency-specific implementation. After completion of the 27th Dan Jian ren, the construction unit shall be carried out according to relevant regulations of the State acceptance.

    Unqualified acceptance or acceptance shall not be delivered. After the completion of civil air defence basement, the people's Government above the county level competent departments for civil air defense shall be on the acceptance of special protective quality and quality completion of the issuance of the final acceptance document.

    Units without accreditation, the people's Government above the county level housing and urban-rural development department may handle completion record.

    Basement unqualified acceptance, the construction unit shall carry out rectification, after rectification is not qualified, shall be paid in accordance with the regulations of civil air defense building project easy.

    Archives management of units shall in accordance with the relevant provisions of article 28th, establishing and perfecting the civil air defense project archives, and after the acceptance of civil air defense works in the 30th, handed over to departments of people's Governments above the county level people's air defense.

    Fourth chapter of civil air defense engineering and maintenance

    29th maintenance and management of civil air defense projects by construction units responsible for development, as used by the unit responsible for, the implementation of who's building, who managed, who uses, who management principles.

    Maintenance and management of civil air defense engineering units shall be equipped with or to designate a person responsible for the maintenance and management of civil air defense engineering work, establishing civil air defense engineering technical files and maintenance records, in accordance with the technical specifications for maintenance and management of civil air defense projects to implement measures to civil air defense projects are in good condition.

    30th civil air defense engineering and maintenance management fees in accordance with the following provisions:

    (A) the civil air defence command works, arranged by the local government budget;

    (B) a public shelter and evacuation of civil air defence works such as road engineering, by the competent departments for civil air defense from the people's Government above the county level in civil air defense engineering and maintenance management fees charged;

    (C) air defense Brigade, medical aid, material reserves and other special civil air defense projects, by their respective units according to relevant regulations of the State expenditures;

    (D) utilization of civil air defense engineering, expenditures from the usually utilization benefits.

    Taking into account needs of civil air defense protection part of the maintenance and management of urban underground space resources, in accordance with the relevant provisions of the State and province.

    31st civil air defense engineering units in restructuring, merger, Division, 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 the people's Governments above the county level departments for civil air defense.

    32nd article maintenance and management of civil air defense projects must meet the following criteria:

    (A) the good performance of engineering structures and protection facilities;

    (B) no corrosion engineering components, damage;

    (C) project no leakage;

    (D) the clean air, the quality of drinking water in accordance with national health standards;

    (V) ventilation, drainage, power supply, communications, fire-fighting system is working correctly;

    (Vi) construction access roads, ancillary facilities in good condition;

    (VII) safe and reliable flood control facilities.

    Article 33rd air defense works safety protection range defined by the people's Governments above the county level in accordance with the following regulations:

    (A) single dug civil air defense projects retaining wall extends outward within 5 metres and a vertical distance of 1 m above the roof;

    (B) tunnels, typical single-built air defence works retaining wall extends outward within 5 m and vertical distance 5 m above the roof;

    (C) the basement retaining wall extends outward within 3 meters.

    Protection of civil air defence command works, in accordance with the relevant provisions of the army designated.

    34th prohibits the following acts against civil air defence projects:

    (A) occupation of civil air defense projects;

    (B) changing the main structure of civil air defence works;

    (C) theft, damage to equipment, facilities, removal of civil air defence works;

    (D) in civil air defense engineering or security within the scope of protection, production, operation or storage of explosive, flammable, radioactive, poisonous, corrosive and other hazardous materials;

    (E) to the civil air defence projects or into the safety protection range of dumping waste water, waste gas or waste;

    (F) occupancy, blocked civil air defense engineering access road and ventilation, access openings;

    (G) in the import and export of civil air defense works and construction of buildings and structures within the civil air defense projects of access;

    (VIII) security within the scope of protection in civil air defense works for quarries, sampling, drilling, blasting and pile driving operations;

    (I) the laws, rules and regulations to prohibit the other against civil air defense engineering safety and efficiency.

    35th air defense projects may be supplemented, removed; really be removed, people's Governments above the county level should be reported to the approval of the competent departments for civil air defense.

    Demolition of more than 300 square meters of civil air defense projects, the local municipal people's Government of civil air defense departments signed comments, submitted to the provincial people's Governments of people's air defence authorities down less than 300 square meters of civil air defense works, the local municipal people's Government of people's air defence authorities, submitted to the provincial people's Government departments for civil air defense.

    36th civil air defence projects should be in accordance with the approved demolition demolition area, protection level, and purpose, within one year from the date of approval of the nearest building; also it is really difficult, construction fee shall be paid according to the provisions of civil air defence works easy.

    Partial dismantlement of civil air defence works of the orifice and the ground support equipment and facilities, should be in the right position according to the needs of civil air defence works protection also.

    When the 37th in the implementation of old-city, the local people's Government housing and urban-rural development department shall seek the views of the people's Governments at the corresponding level of civil air defense departments, pay attention to the protection of the existing civil air defense projects.

    Unit construction of ground works, underground structures or buried underground pipeline involving civil air defense projects, should take measures to protect the security of civil air defense projects; damage caused by accidents during the construction of people's air defense projects, people's Governments above the county level shall immediately report the competent departments for civil air defense, and under the guidance of taking remedial measures, to repair.

    Fifth chapter of civil air defence works

    38th people's Governments above the county level and the relevant competent authorities shall ensure that the premise of the wartime air defense, civil air defense projects into full play in the usual economic development and the role of emergency rescue and disaster relief, emergency rescue work.

    39th public officers concealed works of civil air defense projects, such as usual, people's Governments above the county level shall be subject to approval of the competent departments for civil air defense, and receive certificates of civil air defence works; combination of building a basement usually used, usage scenarios should be reported to the people's Governments above the county level departments for civil air defense.

    Civil air defense engineering transfer, mortgage, lease, should be reported to people's Governments above the county level departments for civil air defense.

    40th utilization of civil air defence works usually by investors or managers, users, in accordance with the regulations; time of war or public emergency, unified deployment by the people's Governments above the county level.

    41st utilization of civil air defense projects should comply with civil air defense engineering and maintenance management and security regulations, shall not affect the ping function conversion, reduced relative to standard, but shall not alter the main structure of civil air defence works; needed to transform the, people's Governments above the county level should be reported to the approval of the competent departments for civil air defense.

    42nd civil air defence projects should be in accordance with contract management responsibilities and comply with the following provisions:

    (A) the establishment of fire protection, flood control, public order, public health and other liability and safety inspection, maintenance management systems, implementation, maintenance and management costs;

    (B) security education for employees, and development of safety accident emergency rescue plans;

    (C) decoration, decoration materials used meet the requirements of the national fire-fighting, health requirements, and during decoration, decoration and other construction work shall not be used;

    (D) emergency exits, evacuation routes to meet the safety norms, identified clearly;

    (E) the local Government relating to the competent departments for civil air defense engineering and maintenance management supervision and inspection, accident found in the inspection, take timely measures to eliminate it.

    43rd people's Governments above the county level of the competent departments for civil air defense shall periodically on civil air defense engineering maintenance and use of conducting supervision and inspection, problems, be rectified on the spot or request correction within.

    The sixth chapter legal liability

    44th article violates these provisions, laws, regulations, penalties, from its provisions.
45th air defense projects users are not required to maintain air defense projects management or mismanagement of maintenance, safety and protective efficacy against civil air defense engineering, by the competent departments for civil air defense warning the people's Governments above the county level, a rectification; refuses, fined not more than 1000 Yuan; losses caused shall bear liability.

    46th air defense of the people's Governments above the county level and people authorities national staff and other relevant authorities, violation of civil air defense project construction planning, modification of civil air defense project construction plan, or in the management of civil air defense projects have other negligence, abuse of authority or engages in acts from the supervisory organ or the people's Government above the county level shall be given administrative sanctions by the competent authorities concerned constitutes a crime, criminal responsibility shall be investigated according to law.

    The seventh chapter by-laws 47th article of the regulations come into force on March 1, 2013. Executive meeting of December 18, 1996 province, March 22, 1997 implementation of the provisional regulations on the protection of civil air defense works in Hubei Province (provincial, 115th) repealed simultaneously.