Decree of Shanghai Municipal People’s Government

No. 24

The Procedures of Shanghai Municipality on the Administration of Safe Use of Underground Spaces were adopted at the 63^rd Routine Meeting of the Municipal People’s Government on November 30, 2009, and are hereby promulgated. They shall be effective as of March 1, 2010.

Mayor: Han Zheng

December 9, 2009

Procedures of Shanghai Municipality on the Administration of Safe Use of Underground Spaces

(Promulgated by Decree No. 24 of Shanghai Municipal People’s Government on December 9, 2009)

Article 1 (Purposes)

With a view to strengthening the administration of safe use of underground spaces in this Municipality, improving this Municipality’s overall defense and safe management level, protecting people’s lives and property, these Procedures are formulated in accordance with the provisions of relevant laws and rules, and in the light of the actual circumstances of this Municipality.

Article 2 (Application Scope)

These Procedures apply to the safe use of the underground spaces open to the public as places for production or operation and underground spaces of other types used for public activities within this Municipality’s administrative area and the management thereof.

Article 3 (Definition)

“Underground spaces” in these Procedures include civil defense projects, ordinary basements, and rail traffic underground stations. Among these, “civil defense projects” refers to civil air defense works covering the underground protection buildings constructed separately for use as shelters for personnel and supplies, for air defense command, medical treatment and rescue, etc. in war, and the basement built in combination with the surface structures used for air defense. The ordinary basement refers to the underground buildings below the standard of civil air defense works constructed in combination with the surface structures or separately. The rail traffic underground stations refer to the access, passage, station hall and platform of underground rail traffic.

Article 4 (Administrative Department)

The Municipal Civil Defense Office is in charge of the comprehensive coordination of the administration of the safe use of underground spaces in this Municipality. It is responsible for the implementation of these Procedures, as well as coordinating and urging other relevant administrative departments to maintain safety supervision.

The civil defense office at the district/county level shall coordinate the safe use of underground spaces within its district and county. It shall also coordinate and urge other relevant administrative departments to conduct safety supervision. The civil defense office is under the professional leadership of the Municipal Civil Defense Office.

This Municipality’s administrative departments of construction and communications, pubic security, fire protection, water affairs, planning and land resources, public sanitation, environmental protection, safety supervision, housing support and building administration, transportation and port, quality and technical supervision, etc.,  shall be in charge of the supervision and administration of the safe use of underground spaces within their respective jurisdictions, and coordinate to implement these Procedures.

Sub-district offices and town/township people’s governments shall cooperate with relevant administrative departments to administer effectively the safe use of underground spaces within their respective administrative areas.

Article 5 (Joint Committee System)

The Municipal People’s Government shall establish a joint committee system for the administration of the underground spaces. The joint committee shall be responsible for establishing and perfecting the work mechanism for the administration of the safe use of underground spaces, doing research into and coordinating and promoting the administration of that undertaking. The office of the joint committee shall be located at the Municipal Civil Defense Office and be in charge of organizing the joint committee for the administration of underground spaces.

Article 6 (Obligations of the Property Owners of Underground Spaces)

The property owners of underground spaces (hereinafter referred to as “the property owner”) shall fulfill the following obligations:

 1. in case of hidden dangers in underground spaces, the property owner shall organize timely rectification and  elimination of the danger;

2. in case an accident occurs in an underground space, the property owner shall coordinate with relevant administrative departments to do a thorough investigation;  and

3. abide by other regulations for the  safe use of underground spaces set by the State and this Municipality.

Article 7 (Obligations of the Property Management Unit of Underground Spaces)

The property management unit of underground spaces entrusted by the property owner (hereinafter referred to as “the property management unit”) shall fulfill the following obligations:

1. implement relevant provisions regarding the safe use of underground spaces set by the State and this Municipality;

2. formulate underground spaces emergency response rules, jointly with the property owner and users of underground spaces in accordance with the predetermined underground spaces emergency response scheme;

3. inspect underground spaces for safety, and if dangers are found, promptly organize rectification to eliminate the danger;

4. accept the safety inspection made by the municipal or district/county civil defense office or other relevant administrative departments, and if safety problems are found, take timely measures to eliminate them;

5. if an accident occurs, rescue measures should be rapid.  An immediate  report shall be given to the municipal or district/county civil defense office, or other relevant administrative departments and the property owner as well as assistance in an investigation and handling; and

6. abide by other regulations for the safe use of underground spaces set by the State and this Municipality.

If the property owner does not entrust any property management unit to mange the underground spaces, the safe use obligations of the property management unit shall be fulfilled by the property owner.

Article 8 (Obligations of the User of Underground Spaces)

The user of underground spaces (hereinafter referred to as “the user”) shall fulfill the following obligations:

1. prevent damage to the safety facilities and equipment in underground spaces;

2. accept the safety inspection made by the municipal or district/county civil defense office and other administrative departments. If safety problems are found, measures shall be taken to eliminate the danger within a prescribed time limit;

3. if the user sublets the underground spaces, apart from meeting relevant stipulations of the contract, the action shall be reported to the property management unit within 5 days after the rental;

4. if an emergency occurs in underground spaces, a  timely report shall be made to the municipal or district/county civil defense office or other relevant administrative departments, and the emergency shall be handled according to the provisions of emergency response rules; and

5. abide by other regulations for the safe use of underground spaces set by the State and this Municipality.

Article 9 (Liability Insurance)

The property owner, the property management unit or the user in this Municipality are encouraged to buy relevant liability insurance with the insurance company.

Article 10 (Installation and Maintenance of Safety Facilities and Equipment)

In the underground spaces open to the public for production and operation and underground spaces of other types used for public activities, the following facilities and equipment for ensuring safety of underground spaces shall be installed and regular inspections and maintenance shall be carried out to ensure their state of readiness:

1. ventilation system or air control equipment up to the technical specifications for fire safety;

2. fire fighting facilities that conform to the standards set by the State, the industry and this Municipality such as automatic fire alarm system, automatic fire extinguishing system, smoke control system, emergency broadcast system, emergency lighting, etc.;

3. supplies and equipment such as waterproof aprons, sandbags;

4. emergency rescue facilities equipped in the underground spaces as required by the predetermined emergency response scheme; and

5. other safety facilities and equipment required by the State and this Municipality.

Article 11 (Fire Control Requirements)

The property owner, the property management unit or the user shall meet the following fire control safety requirements:

1. if a new fire-control design is required due to the underground spaces being used for altered purposes, the design shall be submitted to the public security fire control agency for examination or filing;

2. the automatic fire alarm system installed as required shall be networked with the city automatic fire alarm information system;

3. if underground spaces are decorated and furnished, noncombustible materials and flame retardant materials shall be used as required by the technical standards of fire control; and

4. other regulations for fire control in underground spaces set by the State and this Municipality.

Article 12 (Requirements on Flood Control)

The property owner, the property management unit or the user shall meet the following requirements for flood control:

1. after the meteorological department releases a rainstorm warning, the person on duty shall act with heightened vigilance, inspection shall be enhanced, and immediate action shall be taken in case of an emergency;

2. conduct anti-flood drill regularly;

3. in a flood period, it is necessary to operate in line with the requirements of the predetermined anti-flood scheme and obey the instructions given by the anti-flood command authorities; and

4. other regulations governing underground spaces anti-flood management made by the State and this Municipality.

Article 13 (Requirements on Safe Evacuation)

The safety exits and evacuation routes of underground spaces shall conform to safety requirements.  The property owner, the property management unit or the user shall post guide signs for the safety exits and evacuation routes, and install emergency lighting.

During the period of underground spaces utilization, the safety exits and evacuation routes shall not be closed or blocked.

Article 14 (Prohibited Acts)

No units or individual persons shall be permitted to:

1. store dangerous goods, such as inflammables and explosives, poisonous or harmful materials, etc.;

2. use liquefied petroleum gas or liquid with a flash point less than 60℃ as fuel;

3. set up a nursery, kindergarten, aged care center, etc.;

4. employ temporary wiring;

5. damage safety facilities and equipment; or

6. other prohibited acts prescribed by laws, rules and regulations.

Article 15 (Utilization Filing)

In case civil defense projects and ordinary basements open to the public for production, business and other activities are put into use, the property owner and the property management unit shall report relevant information such as the title or name of the property owner and the property management unit, the intended use, the rental use, etc. to the municipal or district/county civil defense office for transacting filing procedures within 10 days from the date of putting into use.

If such items as those identified in the preceding clause undergo change, the property owner or the property management unit shall amend the records held by the municipal or district/county civil defense office within 10 days from the date of alteration.

Article 16 (Safety Check)

The municipal or district/county civil defense office shall regularly inspect for the safe use of underground spaces. Units or individual persons concerned shall not refuse or obstruct the inspection. Other relevant administrative departments shall inspect for the safe use of underground spaces according to the laws, rules and regulations.

If the municipal or district/county civil defense office or other relevant administrative departments find illegal acts in the inspection, they shall investigate and handle according to law; for those cases that should be handled by other administrative departments, transfer and handling shall be done in a timely manner; if the handling of illegal acts involves several administrative departments, the municipal or district/county civil defense office may coordinate their actions.

Article 17 (Cooperation to Inspect)

Sub-district offices and town/township people’s government may cooperate with the municipal or district/county civil defense office and other relevant administrative departments to inspect for the safe use of underground spaces.

Article 18 (Report of Hidden Dangers)

Any units or individual persons, if finding hidden dangers in underground spaces, shall immediately report to the municipal or district/county civil defense office or other relevant administrative departments. Upon receiving a report, the administrative department shall promptly investigate. Illegal acts shall be investigated and treated according to law.

Article 19 (Predetermined Emergency Scheme and Emergency Handling)

The Municipal Civil Defense Office shall, in conjunction with relevant administrative departments, formulate this Municipality’s predetermined underground spaces pubic emergency scheme; the district/county people’s government shall organize to formulate the predetermined underground spaces public emergency scheme within its jurisdiction, and report it to the Municipal Civil Defense Office for filing.

In case of an underground spaces public emergency, the district/county people’s government and relevant administrative departments shall handle the emergency according to the predetermined emergency scheme within the sphere of their functions and duties.

Article 20 (Information Management)

The municipal and district/county civil defense offices shall respectively establish the information management system for the underground spaces.

Relevant municipal and district/county administrative departments shall provide information on the use of underground spaces based on their duties and functions to the municipal or district/county civil defense offices. Those offices shall summarize the information related to underground spaces, such as the quantity, location, area, use, etc., and share that information with the municipal and district/county administrative departments concerned.

Article 21 (Administrative Punishments)

For those violating the provisions of these Procedures, the municipal or district/county civil defense offices shall punish them according to the following provisions:

1. those in violation of the provision of Clause 3 of Article 10 of these Procedures, failing to install equipment such as waterproof aprons or sandbags shall be warned, and ordered to correct those faults within a prescribed time limit; failure to make the correction within the prescribed time limit shall result in a fine of not less than 500 yuan but not more than 5000 yuan; 

2. those in violation of the provisions of Article 15 of these Procedures, failing to record or alter records, shall be warned and ordered to make a correction within a prescribed time limit; for individual persons, a fine of not less than 100 yuan but not more than 1000 yuan shall be imposed, and for units, a fine of not less than 500 yuan but not more than 5000 yuan shall be imposed;

3. those in violation of the provision of Clause 1 of Article 16 of these Procedures, refusing or obstructing the municipal or district/county civil defense offices in carrying out inspection on the safe use of underground spaces shall be given a warning; for individual persons, a fine of not less than 500 yuan but not more than 2000 yuan shall be imposed, and for units, a fine of not less than 5000 yuan but not more than 10000 yuan shall be imposed.

For those in violation of the provision of Clause 3 of Article 14 of these Procedures, setting up a nursery, kindergarten, or aged care center in underground spaces, the municipal or district/county public security fire control agencies shall order a correction within a prescribed time limit; failing to make the correction within the prescribed time limit shall result in a fine of not less than 5000 yuan but not more than 50000 yuan.

Article 22 (Punishment of Other Illegal Acts)

For acts violating other clauses of these Procedures, if laws, rules and regulations have prescribed relevant punishments, relevant administrative departments shall impose the punishment thereof.

Article 23 (Retrospective Effect)

For civil defense projects and ordinary basements open to public for production and operation or for other public activities that have been put into use before the implementation of these Procedures, the property owner and the property management unit shall report to the municipal or district/county civil defense offices for transacting filing procedures within 6 months from the date of these Procedures becoming effective.

Article 24 (Effective Date)

These Provisions shall be effective as of March 1, 2010.

Key Words: Legal System; Administration; Procedures; Order