Provisions On Administration Of Combination Construction Of The Basement In Hebei Province

Original Language Title: 河北省结合民用建筑修建防空地下室管理规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201205/20120500368195.shtml

Provisions on administration of combination construction of the basement in Hebei province

    (December 28, 2011 the 99th meeting of the people's Government of Hebei province considered by people's Government of Hebei province, on December 31, 2011 (2011) 22nd release as of March 1, 2012) Chapter I General provisions

    Construction of basement article to enhance the combination of management, strengthen urban air defense capability for disaster prevention, protection of the State and people's lives and property safety, according to the People's Republic of China civil air defense law of Hebei province, and the implementation of People's Republic of China measures for the civil air defense law and other relevant laws, provisions of the regulations, combined with the facts of the province, these provisions are formulated.

    Combination in the article urban planning area in the province built basement (hereinafter referred to as building basement) construction, maintenance, use, and management of activities, these provisions shall apply.

    Third people's Governments above the county level shall strengthen leadership of the construction of the basement, their integration into the overall urban planning and regulatory detailed planning, solving problems existing in the construction of the basement.

    The fourth people's Governments above the county level competent departments for civil air defense shall be responsible for the administrative management of urban planning construction of the basement in the district.

    Relevant departments of the people's Governments above the county level construction of basement related work according to their respective functions.

    Fifth Building basement should uphold a long-term building with the usual combination of wartime air defense combined with urban disaster, the principle of reasonable layout and the perfect combination of function.

    Sixth, any unit and individual have the right to destroy, usurpation of basement facilities discourage the behavior, reports and complaints.

    Seventh above the county level people's Governments and military organs and competent departments for civil air defense work in the construction of the basement have made outstanding achievements in the units and individuals, should be given recognition.

    Chapter two building management

    Eighth city planning new buildings within the district (except industrial production plant and related infrastructure), in accordance with the following standards for the construction of basement:

    (A) more than ten layers, or depth of 3 meters above the buildings and residential buildings of civil air defense priority cities, according to the first floor, the ground floor area building;

    (B) subject to this section, (a), other than those provided for civil construction, ground floor area of more than 2000 square meters, according to the following proportions constructed: a national civil air defense priority cities for 5%, two national civil air defense priority cities for 4%, three national civil air defense priority cities of 3%, is 2% in other cities;

    (C) development zones and industrial parks, bonded zones and important economic target areas, such as regional, this section (a), other than those provided for civil construction, according to part (b) of the ratio and focus on building.

    New air defence protection category, resistance level, and relative to the use, by the city divided into districts, counties (cities and districts), the people's Government of the competent departments for civil air defense works for civil air defense planning, determination of national and provincial regulations.

    Nineth article by this provides should built air defense basement of civil, for geological, and terrain, reasons should not be built or built area is less than civil ground first layer area of, by has approved permission of Government people air defense competent sector approved, can not built, but units must by should built area and provides standard paid air defense basement easily construction fee, by Government people air defense competent sector unified organization near easily built.

    Construction of basement easy fees, prices, regulations of the financial sector by province. Tenth people's Government above the county level and their departments concerned shall not grant tax relief of basement easy.

    State relief of basement of off-site construction fees otherwise provided, according to their regulations. Basement off-site construction fees should be paid to the State Treasury and budget management. Relevant departments of the people's Governments above the county level and may not crowd out, interception and diversion.

    Finance and auditing Department and the competent departments for civil air defense shall strengthen the construction of basement easy fee collection, usage of the auditing and oversight.

    11th construction of basement construction units, it shall apply to departments of people's Governments of people's air defence go through examination and approval procedures, and according to the relevant provisions of the province. 12th basement should be parallel with the ground through public bidding according to law, determine the design, construction, supervision and other units.

    Relevant units shall in accordance with the relevant laws, regulations and mandatory standards for design, construction, and supervision.

    Basement construction design documents should be reviewed by qualified construction drawing review bodies.

    13th construction units and construction units needed changes in construction construction drawing design documents must be reviewed by the original construction drawing review bodies and Government departments for civil air defense.

    14th people's Governments above the county level departments should strengthen quality management of basement for civil air defense, delegate a qualified construction quality supervision institutions, implementation of air defence, protection of the quality of supervision.

    15th according to the provisions of article Building basement, basement floor space should separate, Fund borne by the employer required to include construction projects with a total investment.

    Using State funds or State funds new basement rough estimage, budget, settlement, in the light of civil air defense works estimate budget. 16th air defence, the use of airtight doors, closed doors, explosion-proof wave valve, air filter absorbs civil air defense projects, such as chemical defense equipment, the manufacturer shall have the appropriate qualifications and State standards in production and installation.

    Basement construction design of protective chemical protective equipment shall file synchronized with the main part of the project construction. 17th air defence, acceptance to implement filing system.

    Unit to the building departments in record time, the accreditation of the competent departments for civil air defense shall issue a people's Government.

    18th air defence, upon completion, acceptance of government departments for civil air defense shall participate in joint. Upon acceptance, the construction unit shall transfer of relevant information to government departments for civil air defense.

    Unqualified acceptance, the construction unit shall carry out rectification; still unqualified after rectification, construction costs by paying basement easy.

    Chapter III maintenance

    19th basement maintenance should follow Division, paid use, pipe, the principle of compensation for damage.

    20th basement maintenance management responsibilities, unused by the units responsible for, and has been used by the units responsible for.

    The cost of maintenance and management of civil air defence basement, maintaining management responsibility according to the provisions of the preceding paragraph.

    The unit or use the unit should specify maintenance managers, creation of technical files and maintenance records, required by the maintenance and management of civil air defense works to implement measures of basement in good condition.

    21st air defence maintenance management should meet the following criteria:

    (A) the structure intact;

    (B) water inside clean, no leakage;

    (C) fittings no rust or damage to protective equipment is in good performance;

    (D) ventilation, drainage, power supply, fire-fighting system is working properly;

    (V) access roads open orifice good camouflage and ground auxiliary facilities;

    (F) flood-control facilities is safe and reliable;

    (G) the laws, regulations and other standards.

    22nd usual basement unit, usually used to relative to the implementation plan should be developed, and the local people's Government departments for civil air defense.

    Due to special circumstances such as war needs to stop using the basement, usually using air defense unit in the basement should unconditionally stop its use and usual to wartime use implementation plan requirements, restoring its wartime function.

    23rd usual basement unit, shall pay a fee of civil air defense works in accordance with the relevant regulations. The people's Government above the county level competent departments in charge of civil air defense works for civil air defense fee shall be paid into the State Treasury and budget management.

    Its charging standards formulated by the provincial pricing authorities, in conjunction with the Ministry of finance.

    24th anti-aircraft basement construction unit or units shall establish a basement security management system, development of fire protection, flood control and emergency programmes, conducting security checks in a timely manner, eliminate potential accidents and ensure safety.

    25th air defence units shall not change the main structure of the project, no demolition equipment facilities, may not be in the basement in the production and storage of flammable, explosive, poisonous, corrosive and radioactive and other dangerous goods.

    The fourth chapter, supervision and inspection

    26th the people's Governments above the county level shall relevant competent departments for civil air defense shall strengthen the air defence, legal, regulation, supervision and inspection of the implementation of the regulations to monitor the violations observed during the inspection, should be investigated in a timely manner.

    27th air defense authorities of the people's Governments above the county level people while performing their duties of supervision and inspection, you can take the following measures:

    (A) asked related departments to provide documents related to the issues of supervision and inspection, information;

    (B) to read and copy the relevant information;

    (C) requested relevant authorities on an explanation and description of the problems involved in supervision and inspection matters;

    (D) conduct inspections over entering the basement;

    (E) Suppression of violations of the relevant laws, rules and regulations of air defense basement;

    (F) the laws, regulations and other measures.

    28th people's Governments above the county level before the competent departments for civil air defense law enforcement personnel to perform duties, should produce a certificate of administrative law enforcement, the units under inspection shall cooperate, without prejudice, denial and obstruction.

    29th the people's Governments above the county level shall competent departments for civil air defense destroyed, stolen air-defense basement facility reports, complaints, and should investigate and handle in a timely manner.

    The fifth chapter legal liability

    People's Government of the 30th civil air defense departments, relevant departments and their staff in violation of the provisions of any of the following circumstances, monitored by the competent departments or agencies shall be given sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) not in accordance with the law of administrative licensing;

    (B) does not investigate reports and complaints in a timely manner;

    (C) arbitrarily increase or decrease of basement construction standards construction fees or easy;

    (D) construction costs crowding out, interception and diversion of air defence, easy;

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

    Violation of the provisions of the eighth article of the 31st article, Hebei province, in accordance with the implementation of People's Republic of China civil air defense approach relevant provisions of the law will be punished.

    32nd in violation of the provisions of article 11th, by the competent departments for civil air defense warning the people's Government, a rectification; fails, pay the building basement easy fee in accordance with the regulations, and fines of between 10,000 yuan and 30,000 yuan.

    The 33rd article in violation of the provisions set forth in the 13th, 16th, by the competent departments for civil air defense warning the people's Government, a rectification; fails, fines of between 3,000 yuan and 10,000 yuan.

    The sixth chapter supplementary articles 34th article of the regulations come into force on March 1, 2012. On November 10, 1999, Hebei province people's Government of Hebei province, Hebei military region announced the combination Building basement regulations repealed simultaneously.