Administrative Measures On Civil Air Defense Projects In Jiangxi Province

Original Language Title: 江西省人民防空工程管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201108/20110800346660.shtml

Administrative measures on civil air defense projects in Jiangxi province

    (December 6, 2010 44th Executive meeting of Jiangxi province January 4, 2011 by Jiangxi provincial people's Government, the 187th promulgated as of March 1, 2011) Chapter I General provisions

    First in order to regulate the management of civil air defense works, increase operational effectiveness in civil air defense works, social and economic benefits, protecting people's life and property security, according to the People's Republic of China civil air defense law of Jiangxi province, and the implementation of People's Republic of China approaches the civil air defence law and other laws and regulations, combined with the facts of the province, these measures are formulated.

    Article in the administrative area of civil air defense works in the province (hereinafter referred to as civil air defense projects) the planning, construction, maintenance, use, supervision and management, application of this approach.

    Civil air defense projects included in these measures for the protection of persons in time of war and the cloaked, people's air defense command, a separate medical aid and building underground protection of construction engineering (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 civil air defense construction should adhere to and coordinating economic construction, combined with the urban construction; combination of long term education and the construction of emergency; insist that State investment combined with Community funding.

    Civil air defense construction should follow the same plan, within our capabilities, and combination of peacetime, the principle of quality first. Fourth civil air defense project construction belongs to the national defense construction and public welfare undertakings.

    The people's Governments above the county level shall strengthen leadership for civil air defense project construction work, integrating civil air defense projects into national economic and social development plans and annual plans.

    Civil air defense projects usually by investors or managers, users in accordance with the relevant provisions of the maintenance, management and use of war or unified arrangement by the Government to use in case of unexpected public incidents.

    Fifth people's Governments above the county level within the competent departments for civil air defense shall be responsible for the administrative area of civil air defence works planning, construction, maintenance and use of supervision and management.

    Development and reform, the people's Governments above the county level planning, housing and urban-rural development, land and natural resources, finance, health, auditing, water conservancy, urban services, housekeeping, safety supervision and management, fire departments, civil air defense project management related work in accordance with their respective responsibilities.

    Sixth encourages enterprises, institutions, social organizations and individual investment construction, development and utilization of civil air defense works.

    The construction and utilization of civil air defence works to enjoy country, the Nanjing military region and the people's Government of the province of the relevant preferential policies.

    Chapter II planning and construction

    Seventh people's Governments above the county level competent departments for civil air defense shall, together with the planning, development and reform departments, such as the preparation of the administrative area of civil air defense construction plan, seek the people's Governments at a higher level after the competent departments for civil air defense, the people's Governments at the corresponding level for approval.

    Preparation of civil air defense project construction plan should be balanced, to ensure focus on densely populated areas such as schools, hospitals, stations, as a protection key. Civil air defense construction plan should be integrated into the overall urban planning.

    Planning Department in conjunction with the competent departments for civil air defense, in the preparation of detailed requirements for the construction and planning of concrete implementation of civil air defence works.

    Eighth civil air defense construction plan is the basis for construction of civil air defence works, without authorization, no unit or individual is allowed to modify, necessitates modification, according to the preparation and approval procedures.

    Nineth civil air defense project construction responsibility: (A) the civil air defence command works, public shelter and evacuation roads project, organized by the competent departments for civil air defense building.

    Civil air defence command works construction funded by the level of government financial budget; public shelter and evacuation of road engineering construction funds, mainly by the people's Governments at all levels the financial arrangement and the competent departments for civil air defense law of the budget financing. (B) anti-aircraft Brigade, medical aid, stocks, and other special projects, formed by the mass organizations for air defense sector and wartime medical care, material reserves and other departments are responsible for the Organization-building unit is responsible for the personnel and material to build this unit shelter.

    Its construction was funded by the departments and units concerned to solve. (C) the basement project, organized by units or individuals responsible for construction. Financing construction of its construction was funded by units or individuals to include construction projects with a total investment.

    Development and reform Department at the time of approval of capital projects, it should be clear of basement construction scale and investment budget.

    Tenth people's Governments above the county level departments for civil air defense project construction land shall be protected according to law; the road connects the city of civil air defence works, power supply, water supply, sewerage, communications, sewerage, fire system construction, and shall provide the necessary conditions.

    11th 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 investment of 10 million Yuan (or more) levels of civil air defence command works and 20 million Yuan (or more) other projects by competent departments for civil air defense after accepting the people's Government of the province, in accordance with the relevant provisions of the approval procedures;

    (B) the scale of investment in civil air defence command works at all levels of less than 10 million Yuan and 2 million Yuan (inclusive) per 20 million to other projects, by people's Government of the province of civil air defense departments in charge of examination and approval, project proposal and feasibility study report submitted to the State and military departments for civil air defense;

    (C) except as provided in the first two construction projects is not compiling feasibility study report and preliminary design documents, project proposal, construction drawing design documents by the project location the competent departments for civil air defense of district municipal approvals, project proposals submitted to the provincial people's Government departments for civil air defense. 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, respectively, this review has been completed in the 14th.

    Eligible, be approved; not eligible shall not be approved, inform and explain the reasons in writing.

    12th in city planning area, outside the planning area of development zones and industrial parks, bonded zones and important economic target areas, construction of basement in new buildings according to the following criteria:

    (A) above level 10 or depth 3 meters above the buildings, as well as civil air defense priority cities for residential buildings and residential buildings reconstruction project, in accordance with the construction of basement ground floor space, first floor;

    (B) other buildings except for the first paragraph, ground floor area of more than 2000 square meters, according to the following construction of the basement: 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 and provincial civil air defense priority cities for 3%;

    (C) outside the planning area of development zones and industrial parks, bonded areas and important economic target areas, such as regional civil except the first paragraph, and concentrated construction of basement in the second rule.

    Civil referred to in the preceding paragraph, refers to industrial production plant and its facilities and cultural and creative, software development, logistics and other facilities all non-production and operation of buildings.

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

    13th under any of the following circumstances, not in accordance with the provisions of the construction of basement, the employer may appeal to the competent departments for civil air defense Building basement application:

    (A) the piles and pile top embedded depth of less than 3 m or inadequate provision of basement space clear height;

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

    (C) should be built in accordance with the article 12th air defense ground of the underlying local of areas in the basement, structure and Foundation treatment difficult and economically reasonable;

    (D) built on the River, flowing sand, very shallow bedrock and other sections of the project, because of geological conditions not suitable for building. Competent departments for civil air defense shall take a decision on the date of receipt of the application in the 14th.

    Eligible, be approved; not eligible shall not be approved, inform and explain the reasons in writing.

    Article 13th 14th according to these measures approved in building basement unit construction fee shall be paid in accordance with the provisions of civil air defence basement easy.

    Construction of basement easy fee by the provincial development and reform, fiscal, formulated by the competent departments for civil air defense, and adjust as appropriate.

    Construction fees included in the people's Government at the basement easy budget management, for use in construction, reconstruction, maintenance of civil air defense works for public, no unit or individual may intercept or misappropriate funds.

    15th new building projects, in line with the 13th article Building basement conditions in these measures, tax relief of basement easy according to the following criteria:

    (A) to enjoy Government preferential policies to build affordable housing, affordable 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.

    Except as provided in the preceding paragraph, no unit or individual may expand the scope of relief or to reduce payment standard. 16th civil air defense departments should be involved in building air-defense basement of civil building planning and project report of the trial. Air defence and ground construction design, supervision shall be borne by a unit with the appropriate qualifications may not be contracting, basement design should be reviewed by the people's Government at the competent departments for civil air defense.

    Without reporting the audit or review of design documents are qualified, the Planning Department shall not grant a planning permit for construction project planning permit of construction land, housing and urban-rural construction departments shall not be issued to the construction permit, the construction unit shall organize work.
Should be parallel with the ground air defense basement planning, design, construction, completion simultaneously.

    Article 17th of the competent departments for civil air defense basement protection part of engineering quality supervision and management, and engineering quality supervision institutions entrusted to qualified implementation. Entrusted to the engineering quality supervision organization shall, in accordance with relevant regulations of the State and design documents, parts for protection against basement construction quality supervision on quality of civil air defence works final acceptance of accreditation issued by the competent departments for civil air defense.

    Units without accreditation, Department of housing and urban-rural construction not for engineering acceptance record, housing management Department shall not apply for registration.

    Found competent departments for civil air defense construction in the process of completion and acceptance of acts that violate the national civil air defense engineering quality management regulation, order rectification.

    18th civil air defense project construction units shall in accordance with the relevant provisions of the national archives and Records Administration, establish project archives and 80 days after the project completion acceptance, to the housing and urban-rural construction, Civil Air Defense Department handed over the relevant project files.

    19th City subway lines as well as other underground works construction, consideration shall be given for civil air defense protection requirements.

    On city squares, green areas, parks and other public places, encouraging the development and construction of social capital is mainly used for normal use and meets the requirements of civil air defense of urban underground space.

    Participation of competent departments for civil air defense shall take into account requirements for civil air defense of city underground engineering and underground space development projects to review.

    Chapter III maintenance and use 20th civil air defense engineering maintenance management responsibilities, in accordance with the "construction of who, who, who, who management" principle.

    Maintenance and management of civil air defense engineering units shall be equipped with, or specify a civil air defense engineering and maintenance Manager, build engineering archive 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.

    21st maintenance and management of civil air defense projects funding is guaranteed in accordance with the following provisions:

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

    (B) common civil air defense projects, by the competent departments for civil air defense engineering and maintenance management fees were charged;

    (C) unit of civil air defence works, by engineering a subordinate unit expenditures;

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

    Taking into account needs of civil air defense protection part of the maintenance and management of urban underground space resources, in accordance with the provisions of the preceding paragraph shall be guaranteed.

    22nd air defence works unit before termination of merger, bankruptcy, should be handed over to the new unit civil air defense engineering archives, handle the maintenance and management of civil air defense engineering transfer procedures, and to the competent departments for civil air defense for the record.

    23rd maintenance and management of civil air defense projects should meet the following criteria:

    (A) construction of airtight performance and good;

    (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 control system is working properly;

    (F) the project entry and exit access, ventilation, access openings, such as camouflage and ground satellite facilities in good condition;

    (VII) safe and reliable flood control facilities.

    24th air defense projects, safe protection 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 Nanjing military area command defined.

    25th prohibits the following acts against civil air defence projects:

    (A) to civil air defense projects in and within 20 metres of the orifice discharge waste water, waste gas, or dumping of wastes;

    (B) in civil air defense works in the production or storage of explosive, toxic, flammable, radioactive, corrosive and other dangerous items;

    (C) in the safe use of civil air defense projects within the scope of protection of quarry, sampling, drilling and blasting operations;

    (D) blocking, destruction, unauthorized occupation of civil air defence works and their entrances;

    (E) coverage, damaged civil air defense engineering surveying markers;

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

    Article 26th when working on a transformation of the old urban area, the protection of existing civil air defense projects, planning authorities should seek the advice of the competent departments for civil air defense.

    27th peacetime utilization of civil air defense works must not affect the wartime protection efficiency, should not affect the peacetime conversion requirements. Peacetime use of civil air defence works to units and individuals shall apply to the competent departments for civil air defense, and receive certificates of civil air defense projects after approval.

    Without approval of the competent departments for civil air defense, no Department or individual may unlawfully occupied, transfer, mortgage, lease civil air defense projects, may not change the use of civil air defence works.

    28th article civil defense engineering of investors or managers will civil defense engineering provides to others using of, should and using who signed civil defense engineering security using responsibility, clear using who on Civil Defense engineering of security using obligations, and on using who perform obligations of situation for supervision; found using who violation security management legal, and regulations, and regulations or security using obligations of, should timely stop, and corrected, and to people air defense competent sector report.

    Article 29th use shall, in accordance with the use of civil air defense engineering contract project management responsibilities and abide by 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 in accordance with national and provincial provisions for fire prevention, sanitation requirements, decoration, decoration, such as during the construction work, shall not be used;

    (D) emergency exits and evacuation routes safety specifications are met, clearly marked, exit may not use roller shutter door, revolving door, hanging doors and the side doors, doors open to the direction;

    (E) local relevant departments of supervision and inspection of maintenance and management of civil air defense projects, found accidents, within the required time to eliminate it.

    30th article of the competent departments for civil air defense shall periodically on civil air defense engineering maintenance and use of conducting supervision and inspection, and to guarantee the safety and efficiency of civil air defense projects.

    Civil air defense departments on the use of civil air defence works in the production and operation units when conducting supervision and inspection, and shall exercise the following authorities:

    (A) checks into civil air defense projects, access to relevant information, to the relevant mainland authorities and persons;

    (Ii) the inspection found safety violations, be rectified on the spot or request correction within;

    (C) the accident found in the inspection, shall be ordered to immediately remove; major accident hazards cannot guarantee security of excluded or excluded, shall order the person concerned to withdraw from hazardous areas, ordered to temporarily suspend or discontinue use; major accident hazards removed, examined and approved before they can resume production, marketing and use.

    31st no unit or individual may unlawfully modification, removal, filling people's air defense works really necessary renovation, demolition, reclamation, people's Governments above the county level should be reported to the approval of the competent departments for civil air defense. Transformation of civil air defense projects, shall not reduce the protection standards of civil air defence works. After removal, filling the civil air defense project, the construction unit shall be removed, fill covers, protection grade and category, within one year from the date of approval and fill was built nearby; the nearest repair building is difficult, to the competent departments for civil air defense shall be according to the actual cost of paying compensation fees for civil air defence works, built by the competent departments for civil air defense organization easy fill.

    Actual cost is difficult to determine, according to the basement easy construction standards.

    The fourth chapter legal liability

    32nd civil air defense departments and other executive staff, in violation of these rules, dereliction of duty, abuse of authority or engages, shall be subject to punishment constitutes a crime, criminal liability shall be investigated for their.

    Article 33rd disobey article 23rd, maintenance and management of civil air defense projects are not up to standard, by the competent departments for civil air defense warning the people's Governments above the county level, and rectification; refuses, for individuals between 3000 and 1000 Yuan fine, the unit shall be fined a maximum of more than 5000 Yuan and 10,000 yuan.

    Article 34th disobey article 27th, without approval of the competent departments for civil air defense of secondary occupation, transfers, mortgages, leasing of civil air defence works, by the competent departments for civil air defense warning the people's Governments above the county level, and rectification; refuses, for individuals between 3000 and 1000 Yuan fine, the unit shall be a fine of between 10,000 yuan and 30,000 yuan.

    35th article violates article 28th of these measures, investor, Manager, do not use signing safety responsibility not users or not complying with the provisions to check reports on the situation, the competent departments for civil air defense warning the people's Governments above the county level, and rectification; refuses, fined a maximum of between 3000 and 1000 Yuan.

    36th article civil defense engineering of using who violation this approach 29th article provides, in civil defense engineering decorative, and decoration, construction job during will civil defense engineering input using of, or in civil defense engineering of security export used shutter, and turnstile, and hanging door or side doors of, by County above government people air defense competent sector give warning, and ordered deadline corrected; refused to corrected of, on personal at 500 Yuan above 2000 Yuan following fine, on units at 5000 Yuan above 10,000 yuan following fine.

    37th article of other acts in violation of these rules, regulatory penalties, from its provisions.

    The fifth chapter by-laws 38th article of the rules take effect on March 1, 2011.