Administrative Measures For The Safe Use Of Civil Air Defense Works In Harbin City

Original Language Title: 哈尔滨市人民防空工程安全使用管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201205/20120500368205.shtml

Administrative measures for the safe use of civil air defense works in Harbin city 

    (December 9, 2011 Harbin municipal people's Government Executive meeting of the 87th review through December 22, 2011 Harbin municipal people's Government order No. 239, published February 1, 2012) first in order to strengthen safety management of civil air defense works to prevent accidents and protect personal and property safety, maintaining public security, in accordance with relevant laws and regulations, in this municipality, these measures are formulated.

    Second approach applies within the administrative area of the city as a production, management, Office, parking staff gathering places (not including the mass transit railway stations), safe use and management of civil air defense works.

    III safety management of civil air defense projects, safety first, prevention first and comprehensive treatment approach.

Fourth municipal administration of Civil Air Defense Department (hereinafter referred to as civil air defense sector) organize the implementation of these measures, and is responsible for the safe use of the integrated management of civil air defense works, may appoint a city people's air defense law enforcement agencies are responsible for the safe use of civil air defence works in the city's day-to-day management.

District and County (City) civil defense departments are responsible for the safe use of civil air defense works in the area of integrated management.

City production safety supervision and administration departments of the people's air defense works with implementation of integrated supervision and management security.

District and County (City) of production safety supervision and administration departments of civil air defense works within their respective jurisdictions conduct comprehensive supervision and management use safety.

Security, water supplies, sanitation, housing, environmental protection, quality and technical supervision, education, Home Affairs and other administrative departments and public security fire control institutions shall, in accordance with their respective responsibilities, in charge of the urban people's air defense works relevant to security management.

District and County (City) shall be responsible for the safe use of integrated management of civil air defense works within their respective jurisdictions.

    Subdistrict offices and township people's Government shall assist the administrative departments concerned, good safety management of civil air defense works within their respective jurisdictions. Fifth article of any unit or individual has the right to safe use of civil air defense works offence to report safety problems or people's air defense construction.

    Verified, relevant administrative departments shall, in accordance with the relevant provisions shall be awarded.

Article sixth people's air defense construction safety management of responsibility, divided according to the following provisions:

(A) owners or investors of civil air defence works (hereinafter referred to as the owner) has appointed the relevant units or individuals to management of civil air defense works, managed by the owner to assume security responsibilities;

(B) the owner entrusted the relevant units or individuals of civil air defense works, managed by the entrusted entities or individuals to assume security responsibilities.

    Civil air defense works for the safe use of responsibility borne by the users.

Article seventh city, district and County (City) joint meeting of the people's Governments shall establish a civil air defense engineering safety management system, establish and improve the mechanism of safety management of civil air defense works, research, coordination and promote the safe use management of civil air defense works.

    Civil air defense departments specifically responsible for the Organization of the joint meeting of the safety management of civil air defense works, the relevant administrative departments should cooperate actively.

Owners and managers of the eighth civil air defense engineering, should guarantee the civil air defense works in accordance with the following conditions: (a) the buildings there are no dangerous structures;

(B) with water, toilets, lighting, large staff gathering places have alternate lighting;

(C) ventilation system;

(D) equipped with flood control and water intrusion prevention facilities;

(E) decoration, decoration materials, fire, health, environmental protection and other provisions;

(F) has not been set for oil-immersed power transformers and other oil-filled electrical equipment;

    (VII) comply with people's air defense, housing, fire protection, security, safety, health, quality and technical supervision, environmental protection and other security requirements.

Nineth prohibits changes in people's air defence project planning purposes.

Prohibits the use of civil air defense works to set all kinds of schools, nurseries, kindergartens, nursing homes and hospital Department of medical institutions.

    Ban in civil air defense works in two layers and layer sets the staff dormitory, business hotel.

Tenth ownership shall comply with the following provisions:

(A) timely troubleshooting and elimination of civil air defense works security risks;

(B) the secure use of civil air defense works and assist in the investigation and handling of related administrative departments;

(C) the supervision and in accordance with national, provincial and municipal regulations of civil air defence works;

(D) compliance with national, provincial, and other regulations relating to safe use of civil air defense works.

    State people's air defense works as specified in the preceding paragraph of this article ownership obligations borne by the Manager.

11th management should comply with the following provisions:

(A) in accordance with the laws, rules, regulations or other relevant provisions of the State system of safety management of civil air defense works and the use;

(Ii) established sound people air defense engineering fire, and flood, and security, and health, security responsibility system; (three) established people air defense engineering check system, often check people air defense engineering of security using situation; (four) established people air defense engineering security facilities check, and maintenance system, on by management of security facilities, and equipment regularly organization check, and maintenance, guarantee security facilities, and equipment normal run or using;

(E) in accordance with the emergency plan for civil air defense construction, emergency handling procedures and formulating civil air defense engineering, and organizes regular practice;

(Vi) to troubleshoot and eliminate security risks of civil air defense works in a timely manner;

(VII) security incident or emergency civil air defense construction, relief or response in a timely manner, and to report to the Administrative Department of civil defence, work safety and other related, and assist in the investigation and handling of relevant administrative departments;

    (H) compliance with national, provincial, and other regulations relating to safe use of civil air defense works.

12th use shall comply with the following provisions:

(A) the fulfilment of civil air defense works rental contract or the safe use of safety obligations under the agreement;

(B) depending on the nature of guarantees in the use of civil air defense works in line with national standards;

(C) guarantee access to the emergency exits, evacuation of civil air defence works;

(D) in accordance with the relevant technical requirements of fire safety, installation, use of electrical products in the people's air defense construction, designing and laying electricity lines shall not be overloaded electricity;

(E) the use of civil air defense engineering facilities, carry out regular inspection and maintenance of equipment, safety facilities, normal operation of the equipment or use;

(Vi) to troubleshoot and eliminate security risks of civil air defense works in a timely manner;

(VII) security incident or emergency civil air defense construction, relief or response in a timely manner and report to the Manager, and assist in the investigation and handling of relevant administrative departments;

    (H) compliance with national, provincial, and other regulations relating to safe use of civil air defense works.

    13th owners or managers of civil air defense works must not be leased to non-legal and valid certificates, certification of the entity or individual use.

14th no unit or individual may people's air defense works in the following acts:

(A) the production, operation and storage of hazardous chemicals, Fireworks, flammable, explosive, toxic or harmful items;

(B) liquefied petroleum gas and is less than 60 ° c flash point liquids as fuel;

(C) smoke;

(D) temporary wiring;

(E) the removal, destruction of all kinds of security facilities and equipment;

    (Vi) other prohibited acts stipulated by laws, rules and regulations.

    15th article in the people's air defense works within the non-food production and processing sites, prohibition of the use of fire, electricity to cook food.

16th managers should be the civil air defense project put into service within five working days of the date, use of civil air defense works to the local district and County (City) Civil Defense Department.

    Before the implementation of these measures has been put into use for people's air defence project manager shall, within three months from the date of promulgation of this approach, use of civil air defense works to the local district and County (City) Civil Defense Department.

    Article 17th owner, managers, users, uses, scope and duration of the use of civil air defense construction changed, the manager shall, within five working days from the date of the change to the local district and County (City) Civil Defense Department to change the record.

Article 18th record or change the record of the use of civil air defense construction, you should present the following materials, copies of submissions and to ensure real, effective:

(A) the owner, Manager, and user identification;

(B) proof of acceptance of civil air defence works;

(C) the civil air defense project agreements, leasing contracts and security usage agreement and other agreements;

(D) the civil air defense project purpose, scope and duration, as well as all types of safety devices, equipment or settings, instructions on the use of (v) engaged in activities related to production and management according to law shall obtain the relevant certificates;

(Vi) other materials stipulated by laws, rules and regulations.

    On the use of civil air defense construction materials, district and County (City) civil air defense departments shall, within five working days from the date of filing the record or change the record.

    19th civil air defense sector should be entrances in the people's air defense construction signs, units or individuals shall cooperate.

20th civil air defense departments shall establish a civil air defense engineering information management system. Related administrative departments should be available within their respective mandates the use of civil air defense construction, civil air defense departments at the same level in a timely manner.

    Defense Department summary of civil air defense works in a timely manner the number, location, size, ownership, uses and owners, managers, users, and other basic information, and share relevant information with related administrative departments at the same level achieved.

21st air defence, safety production supervision, public security, public health and other relevant administrative departments and public security fire control institutions shall, in accordance with their respective responsibilities for civil air defense works for supervision and inspection of the safe use of. 

    Defense Department in conjunction with the safety, security, health and other relevant administrative departments and public security fire control institutions, the safe use of civil air defense works were combined with supervision and inspection.
22nd relevant administrative departments to exercise supervision over and inspection of civil air defense works, should be in accordance with the laws, regulations and rules shall exercise the following powers:

(A) enter the check of civil air defense works to understand the situation;

(B) requires that all owners, managers and users, as well as other relevant entities or individuals, providing information relevant to the safe use of civil air defense works, check out, copy or legally registered the relevant information;

(C) the sealed up or seized by law do not meet national or industrial standards of civil air defense engineering facilities, equipment or equipment;

(D) investigate and punish violations of the safe use of civil air defence works;

(E) to find the security risks of civil air defense works, shall be ordered to immediately exclude; exclude major accident hazards or safety cannot be guaranteed in the process of elimination, ordering the withdrawal of personnel from danger area shall be ordered to temporarily suspend or discontinue use; major accident hazards removed, examined and approved before they can resume production, marketing and use;

    (F) other functions stipulated by laws, rules and regulations.

    23rd civil air defense departments for the administration of civil air defense works, such as the safe use when conducting supervision and inspection, owners, managers and users, as well as other relevant organizations or individuals shall cooperate actively, briefings, to provide relevant information, not making false statements on or concealing, not concealing, destroying or tampering with evidence, and shall not be refused on any grounds, obstruction of supervision and inspection.

24th air defense and other departments for the administration of civil air defense works safety violations, they shall be dealt with should be dealt with by other administrations, shall be transferred in time.

    Other administrative departments shall without delay handle the safe use of illegal cases of civil air defense works, and informed the civil air defense departments at the processing result. 25th Air Defense Department shall, in conjunction with other relevant administrative departments, prepare emergency plan for civil air defense construction.

District and County (City) civil air defense sector should be district or County (City) submitted to the municipal civil defense emergency plan for civil air defense construction department.

    After the incident in civil air defense works, areas, counties (cities) people's Government and municipal administrative authorities shall, within the scope of their respective duties, in accordance with the plan provides for emergency treatment.

26th article related administrative departments and agencies and their staff, should seriously carry out safety duties of supervision and administration of civil air defense works; violations of these rules, any of the following circumstances, its leadership and persons directly responsible shall be given administrative sanctions: (a) approved for civil air defense engineering schools, nurseries, kindergartens, nursing homes, hospital Department of medical institutions;

(Ii) the use of civil air defense construction materials, failing to record or change the record;

(C) failure to establish security of civil air defense engineering information management system;

(D) on the safe use of civil air defense works failing to timely investigation to verify the information received;

(E) illegal acts related to safe use of civil air defence works not be investigated and prosecuted, or ineffective; (vi) emergency civil air defense construction, did not take timely emergency treatment;

(VII) using the bribes to seek illegal benefits;

    (VIII) does not perform safety supervision and management of other people's air defense construction.

    27th article in violation of the rules of civil air defense works is not equipped with flood control and water intrusion prevention facilities, the Department of water Affairs Administration for managers a rectification, and fined 1000 Yuan fine.

    28th article violates these rules, civil air defense engineering for oil-immersed power transformers and other oil-filled electrical facilities, by public security fire control institutions Manager shall be ordered to correct, and a fine of 10,000 yuan and 20,000 yuan fine.

29th article violates these rules, managers of any of the following acts, by the city and County (City) civil defense departments in accordance with the following provisions: (a) is not in accordance with the laws, rules, regulations or other relevant provisions of the State system of security management and use of civil air defense works, give a warning, rectification; fails to mend, fined 500 Yuan more than 1000 Yuan fine;

(Ii) not established sound people air defense engineering flood, and security, and health, security responsibility system of, give warning, ordered deadline corrected; late not corrected of, sentenced 500 Yuan above 1000 Yuan following fine; (three) not established people air defense engineering check system, or not often check people air defense engineering security using situation of, give warning, ordered deadline corrected; late not corrected of, sentenced 500 Yuan above 1000 Yuan following fine;

(D) failure to establish security inspection, maintenance of civil air defense works system and give a warning, rectification; fails to mend, fined 500 Yuan more than 1000 Yuan fine;

(E) the formulation of civil air defense works and regularly organizes drills of emergency procedures and give a warning, rectification; fails to mend, fined 500 Yuan more than 1000 Yuan fine;

    (F) failing to keep a record or change the use of civil air defense works for the record, a rectification; fails to mend, and fined 1000 Yuan fine.

    30th article violates these rules, owners or managers of civil air defense works and leased to no legal and valid certificates, certification of units or individual using, the Security Administration Department fined 200 Yuan and 500 Yuan fine.

31st article violates these rules, the owner, Manager, or use one of the following circumstances, in accordance with the following provisions:

(A) in civil air defense engineering schools, nurseries, kindergartens, nursing homes, hospital Department of medical institutions, the Department of education, the home, health administration in accordance with administrative rights, correction, there is no illegal income, fined 10,000 yuan and 20,000 yuan fine; there is illegal income, and fined 30,000 yuan and 50,000 yuan fine;

(B) in civil air defense works in two layers and layer sets staff quarters, by public security fire control institutions shall be ordered to correct, and fined 1000 Yuan fine business hotel, by public security fire control institutions shall be ordered to correct, and a fine of 30,000 yuan and 50,000 yuan fine;

    (Three) people air defense engineering security facilities, and equipment cannot normal run or using, not belongs to fire facilities, and equipment of, by city or County (City) civil defense, and health sector according to management permission ordered corrected, and sentenced 500 Yuan above 1000 Yuan following fine; (four) in people air defense engineering non-diet production and processing places within with fire, and electricity cooking food of, by police organ fire institutions ordered corrected, and on non-business behavior sentenced 1000 Yuan fine, on business behavior sentenced 5,000 yuan above 20,000 yuan following fine.

    32nd breach of other provisions of this approach, provisions of laws and regulations on punishment, from its provisions.

    33rd separate building covers an area of more than 2000 square meters of non-safe use of underground civil air defense construction and management, application of this approach. 34th article of the rules take effect on February 1, 2012.