Maintenance And Management Of Civil Air Defense Construction, Benxi City Approach

Original Language Title: 本溪市人民防空工程建设维护与使用管理办法

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(January 15, 2004, Benxi City, Government makes 112th, announced since March 1, 2004 up purposes) first chapter General first article for strengthening people air defense Engineering (following referred to civil defense engineering) of construction, and maintenance and using management, improve city overall protection capacity, protection people of life property security, better to service Yu economic construction, according to People's Republic of China people air defense method, and Liaoning province implementation straddling People's Republic of China people air defense method approach, legal, and regulations provides,
    This municipality actually, these measures are formulated. Article of civil air defence works in the administrative area of the city planning, construction, maintenance and management, should comply with these measures.
    Except as otherwise provided by laws and regulations.
    Civil air defense projects in these measures refers to protect wartime personnel and material cover, air defense command, a separate medical aid and building underground protection of buildings, landscape architecture construction of a basement that can be used for air defense in time of war (hereinafter air defence), as well as its supporting access, camouflage and other ancillary facilities.
    Article city, an autonomous county in the competent departments for civil air defense is the area civil air defense construction, maintenance and use of management authorities.
    Planning, planning, construction, land, finance, real estate, and other relevant departments within the scope of their respective duties, well done according to law relating to the construction, maintenance and management of civil air defense engineering work.
    Article fourth civil air defense project construction, stick with the combination of urban construction, construction and emergency construction combination, combination of State financing for investment and social construction, and follow the same plan, in peacetime, quality first, the principles of clear property rights and compensation for the use of management.
    Article fifth civil air defense projects in the planning, design, construction and use of units and associated personnel shall safeguard civil air defense projects, such as secret.
    Chapter II construction and management of civil air defense projects article sixth civil air defense project construction should be incorporated into the overall plan for national economic and social development and urban planning, in accordance with the utilization of urban underground space planning in Benxi City, in accordance with national standards and procedures, and urban construction. Article seventh civil air defense construction belongs to the national defense construction and public welfare construction and investment diversification.
    Government shall encourage and support social organizations, enterprises, institutions and individuals, through various channels, investment development and construction of civil air defense projects.
    Government on civil air defense project construction in accordance with the relevant provisions of these concessions.
    Article eighth civil air defence command works organized by the competent departments for civil air defense building, construction was funded by the Government's financial budget.
    Public personnel shelter and evacuation roads project organized by the competent departments for civil air defense construction, construction is mainly funded by the Government's financial budget, the central financial budget and the competent departments for civil air defense law raising funds for the settlement.
    Civil air defense projects in accordance with the above infrastructure program, implementation of construction project approval procedures, and program management.
    Municipal people's Governments shall arrange civil air defense construction fund in the budget at the same level, annual revenues by no less than the level 1 per thousand of the arrangements on civil air defense command post and automated command and other key construction projects, should separate arrangements for special funds to protect it.
    Nineth separate development and construction of air defense Brigade, medical rescue, reserves, 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 construction, in accordance with capital program construction project approval procedures. Tenth in new buildings must be built in accordance with the relevant provisions of the national and provincial air defense basements. Resistance of the basement levels and purposes determined by the competent departments for civil air defense in time of war.
    Buildings other than industrial production plants and supporting facilities including all unproductive construction.
    11th in accordance with the provisions of article Building basement, funds needed by the project owner financing to include construction projects with a total investment and into all levels of capital investment plans, its building area is separate and not included in the total area on the ground.
    12th article should built air defense basement of civil, for geological, and terrain, reasons should not be built of, or provides should built area is less than civil ground first layer area of, or according to civil defense engineering planning need adjustment layout of, by city people air defense competent sector by provides program approved, can not built air defense basement, but must according to should built air defense basement area and charges standard paid easily construction fee, by city, and autonomous people air defense competent sector unified arrangements easily built.
    13th Building basement easy charges, in accordance with the relevant provisions of the State, paid in full at the financial accounts, the two lines of income and expenditure management, for use in civil air defense construction, no unit or individual shall not be flat, interception and diversion.
    Article 14th all departments and individuals to approve construction fees should be built on basement floor space and easy relief or reduced air defence protection standards. 15th of municipal, autonomous participation of competent departments for civil air defense cities should be built on air-defense basement of civil building plans and project report of the trial.
    Construction approval for new building plans, planning procedures, must accept the city and County review of the competent departments for civil air defense basement construction.
    Units shall contact with the construction of the basement construction after approval by the Administrative Department of planning and general layout to the competent departments for civil air defense works for civil air defense project approval procedures, competent departments for civil air defense shall complete the vetting within 5 working days from the date of acceptance, and to provide feedback on the results to the administrative authorities.
    Construction unit should be based on the approval of the competent departments for civil air defense projects commissioned design unit with the appropriate qualifications to carry out civil air defense engineering design.
    16th city, competent authorities and the authorities responsible for civil air defense works for civil air defense construction projects of the design review.
    Construction Administrative Department to build air-defense basement of civil building design documents organizational review, city civil air defense departments shall participate in the triage, responsible for air defence protection design review. Competent departments for civil air defense basement design documents after passing the examination, should be issued to units of the people's air defense construction drawing design documents for examination and approval.
    Without fail to pass the examination and approval or review, construction Administrative Department construction project planning permit and construction permit shall not be issued to, the construction unit shall not organize construction.
    17th after examination and approval of civil air defence works in the planning, design, shall not be allowed to change; change, should be re-submitted to the original approval authority for approval.
    18th civil air defense works must be borne by the construction unit with the appropriate qualifications.
    Construction quality problems in construction engineering or unqualified acceptance of completion of works, should be responsible for the repair.
    Article 19th building units and construction units must be approved by the competent departments for civil air defense review design drawings and relevant national civil air defense construction codes, standards for construction.
    20th civil air defense engineering supervision must be assumed by the supervision units with the appropriate level of qualification, and shall not be transferred supervision services.
    21st civil air defense project construction quality supervision and management system.
    City civil air defense departments for civil air defense engineering quality supervision and management, and entrust a qualified construction quality supervision institution implementation, air defence, is responsible for the protection of the quality of supervision.
    Quality supervision and management of civil air defense engineering, and accept the guidance of municipal construction Administrative Department.
    22nd article units in received construction license or starts report Qian, must to city people air defense competent sector delegate of civil defense engineering quality supervision institutions application handle civil defense engineering quality supervision procedures, and presided over design, and construction units for technology low-down and drawings triage; in engineering construction in the, should according to national about provides, on engineering quality for check, participation hidden engineering of acceptance and engineering quality problem of processing.
    Article 23rd unit after receiving the construction of people's air defence project completion report, relevant departments should organize the design, construction, project supervision for final acceptance.
    Civil Defense engineering completed acceptance should has following conditions: (a) completed engineering design and contract agreed of the content; (ii) has full of engineering technology archives and construction management information; (three) has engineering using of main building materials, and building frame accessories and equipment of products quality factory test certificate and technology standard provides of entry test report; (four) has survey, and design, and construction, and engineering supervision, units respectively signed of quality qualified file; (five) has construction units signed of quality warranty book.
    Article 24th imposed civil air defense project completion acceptance recording system.
    The construction unit shall from the date of acceptance of civil air defense engineering 15th, civil air defense project completion report and civil air defense engineering quality supervision organizations and recognition of documents issued by the relevant departments, civil air defense departments. Basement with ground over the acceptance of civil buildings.
    Units at the time of construction administrative departments shall issue the accreditation of the competent departments for civil air defense.
    25th construction units shall promptly collect, collate documents the links civil air defense construction projects, establish and improve construction project archives, and, after completion, to the municipal archives and city archives for transfer of competent departments for civil air defense construction projects. Chapter III rights management article 26th air defense of civil air defense projects upon final acceptance of the works, issued by the competent departments for civil air defense, recognition of property rights file. Property unit holding the authorized file to land, property and other relevant departments to go through the right procedures.
    Is a State-owned property of civil air defence works remains to be issued by the State-owned assets management of State-owned assets property right certificate.
    Change of property rights of civil air defence works, property unit after the property changes to the competent departments for civil air defense in the 30th for the record.
    27th Central, local government and the competent departments for civil air defense investment as well as by national law, regulation and policy provides for the construction of various types of civil air defence works are property of the State, responsibility carried out by the competent departments for civil air defense on behalf of the State property management. 28th civil air defense projects of the State-owned property, without approval of the competent departments for civil air defense, and no unit or individual shall not be a lateral move or transfer, assign, mortgage, sell.

    29th civil air defense projects should be handled by the property unit of civil air defense in accordance with relevant State ownership of land use permits. No unit or individual is allowed to seize ownership of civil air defense sites.
    Due to special needs must be occupied, have to ask for approval of the competent departments for civil air defense in order to go through the relevant formalities. Fourth chapter maintenance and management of civil air defence works article 30th civil air defense projects shall follow the uniform requirements, Division of labour is responsible for, regular maintenance, protection, damage compensation, the principle of reverse complement construction of maintenance and management.
    Related units should be kept in good used condition and protection, and accept the supervision of the competent departments for civil air defense.
    Nature of property right of State-owned civil air defense projects, units will not be able to maintain, by the competent departments for civil air defense to recover and assume responsibility.
    31st civil air defense work units or individuals should be strengthening fire management, accountability for safety, with (and) level managers, used for the periodic inspection and maintenance of civil air defence works, irregularities, shall take the necessary measures, and report the competent departments for civil air defense.
    32nd article maintenance maintenance civil defense engineering should according to national about technology specification for, and reached following standard: (a) engineering structure intact; (ii) engineering internal clean, and no water, and no garbage; (three) protection closed equipment, and facilities performance good; (four) import and export road smooth, orifice camouflage and the ground subsidiary facilities intact; (five) flood facilities security reliable, usually using of civil defense engineering fire facilities standard. Article 33rd air defense projects are all organizations and individual due responsibilities and obligations.
    Ban following behavior: (a) to civil defense engineering internal and hole mouth near excretion wastewater, and exhaust, dumping waste, stacked debris, jam hole mouth or built and civil defense has nothing to do of other building; (ii) blocked to civil defense engineering mouth Department of road; (three) in civil defense engineering within production or store flammable, and easy burst, and toxic, and radioactive and corrosion sex items; (four) unauthorized occupied, and transformation damaged civil defense engineering facilities, free in civil defense engineering of outside wall, and roof, and closed wall, and frames wall, and Pro empty wall, at open hole;
    (E) in tunnel-type civil defense engineering above and within 50 metres of either side of the mountain from the Earth and rocks; (f) endanger the tunnels, dug, and attached safety area of civil air defence works (civil air defense projects lateral enclosure Wall 5 meters) within the soil, demolition, piling, pipes and construction of surface engineering facilities.
    Acts of destruction and appropriation of civil air defence works, no organization or individual has the right and obligation to stop, to the competent departments for civil air defense and prosecution.
    Article 34th no organizations or individuals are not allowed to dismantle civil air defense projects, absolutely necessary to dismantle, units or individuals should apply to the competent departments for civil air defense, and approval before implementation, and removed, and the unit is responsible for repair, construction or as compensation to the required standard.
    Scrap air defense projects approved by the competent departments for civil air defense shall, in accordance with administrative privileges be implemented, approved the scrapping of civil air defense works and scrap programmes approved by the responsible unit is responsible for the processing.
    Types of construction activities may affect the safety of civil air defence works, the construction units must report to the competent departments for civil air defense, and approval before implementation.
    Article 35th air defense sites to build permanent structures or temporary buildings, affecting civil air defense engineering operational functions, approved by the competent departments for civil air defense in conjunction with the original deal. The fifth chapter the use of civil air defence works management 36th civil air defense projects usually paid use, tube combined with the principle.
    Governments encourage the peacetime utilization of civil air defense works for economic development and the daily lives of the people, social organizations, enterprises, institutions and individuals are encouraged to use civil air defense projects, and in accordance with the relevant provisions of the State to give concessions. 37th air defense projects implement the use of certification system.
    Civil air defense works must go to the city, autonomous counties for civil air defense of the competent departments for civil air defense projects using the certificate. The civil air defense projects usually use of certificate of annual examination system.
    Uncensored or without the civil air defense engineering certificate used for peacetime utilization of civil air defence works, considered illegal appropriation of civil air defence works.
    Article 38th civil air defense projects of the State-owned property, the use of units or individuals should be used according to the civil air defence projects pay civil air defense projects to the competent departments for civil air defense of the agreement fee.
    39th usually installed in order to use civil air defense engineering facilities, equipment, almost unconditionally by units or individuals when removed, and shall not affect the civil air defense projects relative to the function.
    40th civil air defense departments peacetime utilization of civil air defense projects to supervise use, civil air defense projects to inactive for a long time has the right to adjust.
    Sixth chapter legal liability article 41st in new buildings in violation of national and provincial regulations in building basement, by the competent departments for civil air defense, municipal, autonomous county ordered to easily fill or pay a fee for easily building and fined a maximum of 10000 Yuan more than 100000. 42nd article has following behavior one of of, by city, and autonomous people air defense competent sector ordered deadline corrected, and sentenced fine; caused loss of, should law compensation: (a) occupation civil defense engineering or demolition civil defense engineering refused to fill built, insufficient 100 square meters of, on personal at 1000 Yuan above 3000 Yuan following fine, on units at 10000 Yuan above 30000 Yuan following fine; 100 square meters above of, on personal at 3000 Yuan above 5000 Yuan following fine, On units at 30000 Yuan above 50000 Yuan following fine; (ii) not according to national provides of protection standard and quality standard built civil defense engineering of, on personal at 3000 Yuan above 5000 Yuan following fine, on units at 30000 Yuan above 50000 Yuan following fine; (three) violation national provides, change civil defense engineering subject structure of, and cover civil defense engineering measurement logo or unauthorized in civil defense engineering around construction against civil defense engineering security and using effectiveness of, and to civil defense engineering within excretion wastewater, and
    Gas or dumping of waste, for individuals between 3000 and 1000 Yuan fine, the unit shall be fined a maximum of 10000 Yuan and more than 30000.
    43rd units not organized basement with ground over the acceptance of civil buildings, by the competent departments for civil air defense, city, autonomous rectification, and can be fined a maximum of 10000 Yuan and more than 30000.
    44th article in violation of these regulations, or wilful damage to civil air defense engineering facilities in civil air defense works in the production and storage of inflammable, explosive, poisonous, radioactive and other dangerous goods, does not constitute a crime, by the public security organs in accordance with the People's Republic of China relevant provisions of the regulations on administrative penalties for public security penalties constitutes a crime, criminal responsibility shall be investigated according to law.
    45th interception or misappropriation of the expenses for civil air defense, by the relevant authorities in accordance with the relevant laws and regulations will be punished; for those responsible, by their work units or administrative supervisory organs the administrative liability of those constitutes a crime, criminal responsibility shall be investigated according to law.
    46th article violates these rules of conduct involving other administration permission, shall be punished in accordance with law by the relevant authorities.
    47th party refuses to accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
    48th article of the competent departments for civil air defense staff neglect, abuse, deception or other illegal misconduct, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    49th article of the rules of the seventh chapter schedule as of March 1, 2004.