Announcement of the Standing Committee of
Shanghai Municipal People¡¯s Congress
No.16
Procedures of Shanghai Municipality for Implementing the Law of the People¡¯s Republic of China on Protecting Against and Mitigating Earthquake Disasters were adopted at the 14th Session of the Standing Committee of the 13th Shanghai Municipal People¡¯s Congress on October 22, 2009. We hereby promulgate them for implementation as of January 1, 2010.
The Standing Committee of Shanghai Municipal People¡¯s Congress
October 22, 2009
Procedures of Shanghai Municipality for Implementing the Law of the People¡¯s Republic of China on Protecting Against and Mitigating Earthquake Disasters
(Adopted at the 14th Session of the Standing Committee of the 13th Shanghai Municipal People¡¯s Congress on October 22, 2009)
Article 1
With a view to protecting against and mitigating earthquake disasters, ensuring the safety of the people¡¯s lives and property, pushing forward sustainable economic and social development, these Procedures are formulated in accordance with the Law of the People¡¯s Republic of China on Protecting Against and Mitigating Earthquake Disasters, and other relevant laws and administrative regulations, and in the light of the actual circumstances of this Municipality.
Article 2
These Procedures apply to activities of protecting against and mitigating earthquake disasters within the jurisdiction of this Municipality.
Article 3
The municipal and district/county people¡¯s governments shall take unified leadership over the work of protecting against and mitigating earthquake disasters within their respective jurisdictions. They shall incorporate the protection against and mitigation of earthquake disasters into their respective general economic and social development plans. The funds needed shall be listed in their respective financial budgets.
The joint conference of the municipal, district/county people¡¯s government for protecting against and mitigating earthquake disasters shall deliberate on and coordinate major decisions and measures concerning the protection against and mitigation of earthquake disasters, and shall supervise and inspect the performance of major tasks of such work.
The municipal and district/county seismic departments or agencies shall be responsible for organizing the preparation of the plan for the protection against and mitigation of earthquake disasters, for monitoring and forecasting earthquakes, and for managing the seismic safety evaluation and earthquake emergency plan, etc., within their respective jurisdictions, in addition to undertaking the day to day work of the office of the joint conference for protecting against and mitigating earthquake disasters of the people¡¯s government at the same level.
The municipal and district/county administrative departments of construction and transportation shall be responsible for supervising and managing the anti-seismic work of the construction projects within their respective jurisdictions.
The municipal and district/county departments of development and reform, economy and information, planning and land, housing administration, civil affairs, public security, public health, fire safety, civil defense, and other relevant departments shall, under the direction of their respective people¡¯s governments, take their respective shares of responsibility, closely cooperate with one another, and satisfactorily complete the work of protecting against and mitigating earthquake disasters within their respective jurisdictions.
Article 4
The municipal and district/county people¡¯s governments shall gradually increase the research fund for protecting against and mitigating earthquake disaster, support the monitoring and forecasting of earthquakes and other scientific and technological research activities for the protection against and mitigation of earthquake disasters, and support research institutions, colleges and universities, and relevant enterprises in their efforts to develop and popularize new, commercially practicable technologies, processes and materials that meet relevant anti-seismic requirements.
Article 5
All units and individuals shall have the obligation to duly participate in the protection against and mitigation of earthquake disasters, to report or lodge complaints about violations of these Procedures and other laws and administrative regulations on protecting against and mitigating earthquake disasters.
The municipal and district/county departments of seismic work, construction, and transportation shall handle the reports and complaints in accordance with the law.
Article 6
The municipal seismic department shall, in the light of the State¡¯s planning on protecting against and mitigating earthquake disasters, and the actual circumstances of this Municipality, formulate a municipal planning on protecting against and mitigating earthquake disasters jointly with other relevant municipal departments, organize the implementation thereof upon the approval by the Municipal People¡¯s Government, and file the same with the seismic office of the State Council for the record.
Each district/county seismic department or agency shall, in accordance with the municipal planning on protecting against and mitigating earthquake disasters and in the light of the actual circumstances of the district/county, make a district/county planning on protecting against and mitigating earthquake disasters jointly with other relevant district/county departments, organize the implementation thereof upon the approval by the district/county people¡¯s government, and file the same with the municipal seismic department for the record.
The municipal, district/county¡¯s planning on protecting against and mitigating earthquake disasters shall comply with the requirements of the economic and social development planning at the same level, and be coordinated with the overall land use planning and urban and rural zoning planning.
Article 7
The municipal seismic department shall, in accordance with the overall planning of the national earthquake monitoring network and the municipal planning on protecting against and mitigating earthquake disasters, make an earthquake monitoring network planning of this Municipality jointly with relevant municipal departments. Such planning shall be implemented after being adjusted by the municipal planning and land department in the light of its overall plan and upon the approval by the Municipal People¡¯s Government.
The earthquake monitoring network planning shall follow the principles of ¡°rational layout, resource sharing, and equal stress on land and sea areas¡±. Such planning shall clearly outline the layout of earthquake monitoring network, the milestones of the network¡¯s development, and the scope of environmental protection for earthquake monitoring, etc.
Article 8
The construction of the earthquake monitoring network shall be carried out in accordance with the earthquake monitoring network planning of this Municipality. The cost of the network¡¯s construction and operation shall be incorporated into the municipal or district/county financial budget in accordance with the principles of ¡°letting administrative duties go hand in hand with financial power¡±, and ¡°management by division into grades and classes.¡±
As for major construction projects for which special earthquake monitoring networks are required under relevant provisions of the State, the construction and operation cost of such special earthquake monitoring networks shall be borne by the development unit
The municipal and district/county seismic departments or agencies shall provide technical guidance and services for the construction and operation of special earthquake monitoring networks.
Article 9
Once the earthquake monitoring network of this Municipality is put into normal operation, such operation shall not be arbitrarily suspended or terminated. Where suspension or termination is necessary, an application shall be submitted to the State Council¡¯s seismic office for approval.
Where it is necessary to suspend or terminate the operation of a special earthquake monitoring network, a report shall be filed with the municipal seismic department for the record.
Article 10
For major construction projects such as building, expanding or renovating super-large bridges, launch towers, etc., the development unit shall install strong vibration monitoring devices in accordance with relevant provisions of the State.
Where it is necessary to install strong vibration monitoring devices for other construction projects, such as those of expanding or renovating high-rise buildings whose height exceeds the provided limit, the municipal seismic department shall, jointly with the municipal department of construction, transportation, development and reform, planning and land, etc., propose a distribution plan of strong vibration monitoring devices, and organize the implementation thereof upon its approval by the Municipal People¡¯s Government. The development unit shall install strong vibration monitoring devices in accordance with such distribution plan.
Where strong vibration monitoring devices shall be installed on construction projects of new buildings, it shall be made clear at the time when the development units obtain their land-use right. The expenses of installing such devices shall be included in the construction cost of the projects.
After installing the strong vibration monitoring device, the development unit shall file a report about the installation with the municipal seismic department.
Article 11
The owner or manager of a construction project shall be responsible for the operation of the strong vibration monitoring device.
The municipal seismic department shall carry out regular inspections on the operation of strong vibration monitoring devices, provide technical guidance and services, and formulate the procedures for the management and use of relevant data.
Article 12
No unit or individual shall occupy, destroy, demolish, or remove without proper approval the earthquake monitoring facilities, or jeopardize the environment for seismic observation. Projects of construction, expansion and renovation shall avoid damaging the earthquake monitoring facilities or jeopardizing the seismic observation environment.
Where a key construction project of the State or of this Municipality will unavoidably affect the earthquake monitoring facilities or the seismic observation environment, the development unit shall build additional anti-interference facilities in accordance with the requirements of the municipal seismic department. If special circumstances make it impossible to have such anti-interference facilities, new earthquake monitoring facilities shall be built.
The development unit shall bear the expenses necessary for the construction of the additional anti-interference facilities or new earthquake monitoring facilities required in the preceding clause.
Article 13
Projects of construction, expansion or renovation shall meet the anti-seismic requirements.
Construction projects that may cause serious secondary disasters, or those that are of great value to or have great impact on the general public, shall be subject to a seismic safety evaluation, and shall have anti-seismic facilities that meet the anti-seismic requirements specified in the approved seismic safety evaluation report.
Construction projects other than those set forth in the preceding clause shall have anti-seismic facilities that meet the anti-seismic requirements of this Municipality as shown in the seismic intensity zoning map or the ground motion parameter zoning map issued by the State. Construction projects at such crowded places as schools, nurseries, kindergartens, hospitals, large venues for recreational activities shall, in accordance with relevant provisions of the State, have anti-seismic facilities that meet anti-seismic standards higher than those for buildings of this Municipality.
Article 14
The municipal construction and transportation department shall organize an experts committee for anti-seismic measures for buildings whose height exceeds the provided limit, and such committee shall conduct a special examination on the anti-seismic measures for such buildings.
The municipal construction and transportation department and other relevant departments shall not examine the construction drawings and design documents of a building whose height exceeds the provided limit until the project has passed the above mentioned special examination.
Article 15
Seismic safety evaluation shall be made for the following projects of construction, expansion or renovation that may cause secondary disasters, or are of great value to or have great impact on the general public:
1. coastal dikes;
2. big projects of oil and gas storage;
3. projects for storing flammable, explosive, highly toxic or strongly corrosive materials;
4. pathogenic microorganism labs at or above Level III;
5. cross-river tunnels, super-large bridges, and rail transportation projects;
6. airport terminals, air traffic control towers, super-large railway passenger stations, waiting rooms of Level I bus stations;
7. reservoir projects at water sources;
8. projects of thermal power plants, EHV substations, , regional power dispatching centers;
9. main buildings of municipal-level broadcast centers, television centers, transmitting stations of television or FM broadcasting, and buildings of communication centers; or
10. other construction projects specified in laws, rules and regulations, or by the Municipal People¡¯s Government.
Where projects of buildings whose height exceeds the provided limit need to go through seismic safety evaluation, the municipal seismic department shall, jointly with the municipal department of construction, transportation and development and reform, formulate specific procedures, and organize the implementation thereof upon their approval by the Municipal People¡¯s Government.
Article 16
The development unit shall entrust a qualified professional service entity to make the seismic safety evaluation and produce a seismic safety evaluation report.
Apart from those that by law shall be examined by the State Council¡¯s seismic office, the seismic safety evaluation reports shall be examined and approved by the municipal seismic department, which shall also specify the anti-seismic requirements.
Article 17
The municipal and district/county development and reform departments shall include the anti-seismic requirements in its examination of the project¡¯s feasibility study report or the project application report. If the feasibility study report or project application report does not have anti- seismic requirements, the project shall not be approved or verified.
The municipal and district/county construction and transportation departments shall include the anti-seismic design into its examination of the project¡¯s preliminary design or the project¡¯s design documents. For projects whose anti-seismic design has not been examined or has not passed the examination, no construction permit shall be issued.
Article 18
The development unit, surveyor, designer, construction unit and supervisor shall all comply with laws and regulations regarding construction projects¡¯ anti-seismic measures and mandatory standards for construction projects, so as to ensure the anti-seismic quality of construction projects. They shall be held liable for their respective shares of duties.
Article 19
When inspecting a project upon its completion, the development unit shall also inspect with respect to the project¡¯s anti-seismic capability. Where a project fails to meet the anti-seismic requirements, the development unit shall organize the rectification effort. No such project shall be delivered for use until after it passes the re-examination for acceptance.
Article 20
The municipal department of construction, transportation and housing administration shall, jointly with the municipal seismic department, conduct a general investigation on the anti-seismic capability of the existing buildings and structures of this Municipality. For those buildings and structures that fail to meet the relevant anti-seismic requirements, the municipal department of construction, transportation and housing administration shall, jointly with the municipal seismic department, formulate a reconstruction or fortifying plan and organize the implementation of such plan upon its approval by the Municipal People¡¯s Government. Among the above-mentioned buildings and structures, those at crowded places such as schools, nurseries, kindergartens, hospitals, and large venues for recreational activities, etc., shall have priority over others in getting reconstructed or fortified against earthquakes.
Where buildings and structures that fail to meet the anti-seismic requirements are being expanded or renovated, their owners or management units shall conduct an anti-seismic capability evaluation in accordance with relevant provisions of the State, and adopt necessary anti-seismic fortification measures in accordance with the evaluation result. When being repaired, cultural relic buildings and outstanding historical buildings shall go through the seismic capability evaluation, and be fortified against earthquakes.
Article 21
The municipal and district/county people¡¯s governments shall organize the department or agency of construction, transportation, and seismic work to research and develop practical anti-seismic technologies for villagers¡¯ houses in the rural areas of this Municipality, popularize affordable and practical architectural designs and construction techniques that meet relevant anti-seismic requirements, train relevant technical personnel, and set up model projects, so as to raise, step by step, the anti-seismic level of villagers¡¯ houses and public facilities in the rural areas.
When villagers build houses collectively, they shall comply with provisions of Article 13, 17, 18, and 19 hereof regarding anti-seismic measures.
The municipal department of construction and transportation shall have architecture designs of villagers¡¯ homes drawn up that meet relevant anti-seismic requirements and are generally acceptable, and recommend and offer them to the villagers free of charge.
The municipal and district/county people¡¯s governments shall provide necessary assistance when it is necessary to upgrade the anti-seismic capability of villagers¡¯ homes and shared facilities.
Article 22
The development unit shall set forth in the user¡¯s manual such anti-seismic facilities as the anti-seismic components, vibration isolation devices, shake absorber units, etc.
No unit or individual shall damage the building¡¯s anti-seismic facilities.
Article 23
The municipal and district/county people¡¯s governments shall organize the efforts of making a shelter layout planning, which shall include the layout of earthquake emergency shelters.
In accordance with this Municipality¡¯s layout planning of emergency shelters, the municipal and district/county people¡¯s governments shall organize the department of planning and land, construction, transportation, seismic work, civil defense, fire safety, greening, education, public health, etc. in setting up emergency evacuation passageways and building emergency earthquake shelters by using city squares, green lands, parks, and other open spaces or selecting other places that meet the national standards. They shall also improve and perfect such supporting infrastructures as transportation, water supply, power supply, and drainage. Schools¡¯ sports grounds and public stadiums may be used as temporary emergency earthquake shelters.
Eye-catching marks and directions shall be placed at and around the earthquake emergency shelters and be made known to the public.
The municipal and district/county departments of civil defense shall be responsible for the overall coordination of the construction and management of earthquake emergency shelters.
Article 24
The management unit of earthquake emergency shelters shall, in accordance with relevant provisions of the State, be responsible for the maintenance and management of the sites, facilities, and materials, and shall keep the emergency evacuation passageways unblocked.
The municipal and district/county seismic departments or agencies shall, jointly with relevant departments, provide technical guidance and make regular inspection on the maintenance and management of earthquake emergency shelters.
Article 25
The municipal and district/county seismic departments or agencies shall, jointly with other relevant departments, prepare an earthquake emergency plan for its jurisdiction in accordance with the earthquake emergency planning of the superior-level government. The plan shall be filed with the superior-level seismic department upon approval by the relevant municipal or district/county government.
All relevant municipal and district/county administrative departments shall, in accordance with the earthquake emergency plan of their respective people¡¯s governments, and that of the superior level administrative department, formulate their own earthquake emergency plans, which shall be filed with the respective seismic departments or agencies.
The town/township people¡¯s government shall make its own earthquake emergency plan in accordance with that of the relevant district/county people¡¯s government. Such plan shall be filed with the relevant district/county seismic department or agency.
Article 26
Each of the following units of this Municipality shall make its own earthquake emergency plan, and file such plan with the relevant municipal or district/county seismic department or agency in accordance with the principle of graded management:
1. operation and management unit of urban infrastructures including telecommunication, water supply, power supply, drainage, gas supply;
2. operation and management unit of communication and transportation facilities such as railways, airports, harbors, inner city rail systems;
3. management unit of crowded places, such as schools, nurseries, kindergartens, hospitals, and large venues for recreational activities, shopping malls, etc.;
4. management unit of engineering projects or facilities that may cause serious secondary disasters, such as projects involving petrochemicals, flammables, explosives, poisons, and harmful or strongly corrosive substances, radioactive or nuclear facilities, and pathogenic microorganism labs at or above Level III;
5. financial institutions, broadcasting and television stations, centers of important general information;
6. archives, museums, and sites of key cultural relics entitled to at least municipal level protection; and
7. other units that may cause grave consequences or impact as a result of an earthquake disaster.
Article 27
The municipal and district/county seismic departments or agencies shall, pursuant to the principle of graded management, give guidance to relevant departments and units when the latter make their earthquake emergency plan, and examine such plan when it is submitted for filing.
Article 28
The departments and units that have made an earthquake emergency plan shall organize an earthquake emergency drill every year, and modify the earthquake emergency plan from time to time in the light of the actual circumstances. The modified earthquake emergency plan shall be filed by following the original filing procedure.
Other units and organizations shall organize necessary earthquake emergency drills in accordance with the requirements of the local people¡¯s government.
Article 29
The earthquake emergency rescue contingents shall have the necessary equipment and appliances, as well as regular training and drills so as to improve their emergency rescue capability in the event of earthquakes.
The municipal seismic department shall provide technical guidance on the training and drills of the earthquake emergency rescue contingents.
Article 30
The municipal and district/county people¡¯s governments and their seismic departments or agencies may organize volunteer rescue contingents for earthquake disasters, conduct training and drills on the knowledge and skill relating to earthquake emergency, so as to enhance people¡¯s emergency rescue capability in the event of an earthquake.
Article 31
The municipal and district/county people¡¯s governments and their seismic departments or agencies, the town/township peoples governments, and the sub-district offices shall organize and carry out activities to popularize the knowledge of protecting against and mitigating earthquake disasters, enhance citizens¡¯ awareness of protecting against earthquake disasters and their capability of self-help and mutual help in the event of an earthquake disaster. Relevant departments and units shall provide cooperation.
Schools shall incorporate into their curriculum the knowledge on protecting against and mitigating earthquakes disasters, and cultivate students¡¯ capability of emergency escape, self-help and mutual help. The municipal and district/county seismic departments or agencies shall, jointly with the department of education, guide and supervise the schools when the latter teach the students how to protect against and mitigate earthquake disasters.
The neighborhood committees, villagers¡¯ committees, organizations, enterprises, and institutions shall popularize the knowledge of protecting against and mitigating earthquake disasters within their own areas or units.
The mass media shall propagate the knowledge of protecting against earthquake disasters, emergency rescue, self-help and mutual help for the public interest.
Article 32
The Municipal People¡¯s Government shall, in accordance with relevant provisions of the State, promptly, objectively, and accurately release information on earthquakes that are felt in this Municipality.
Article 33
Acts of jeopardizing the seismic observation environment, or of failing to duly make seismic safety evaluation, that are committed in violation of the provisions of these Procedures shall be handled in accordance with the provisions of the Law of the People¡¯s Republic of China on Protecting Against and Mitigating Earthquake Disasters, and other relevant laws and regulations.
Article 34
For acts of damaging a building¡¯s anti-seismic components, seismic isolation devices, shake absorber units, or other anti-seismic facilities, that are committed in violation of the provisions of these Procedures, the wrongdoer shall be ordered by the municipal or district/county construction and transportation department to make rectifications and restorations within the prescribed time limit. Where losses are incurred, the wrongdoer shall be held liable for compensation in accordance with the law. In the case of an individual wrongdoer, a fine of not less than 500 yuan but not more than 2,000 yuan may be imposed, and in the case of an entity, a fine of not less than 10,000 yuan but not more than 100,000 yuan may be imposed. Those who damage the load-bearing structures of a building shall be punished by the district/county housing department in accordance with the provisions of relevant laws and regulations.
Article 35
A State functionary who neglects his duties, abuses his power, practices irregularities for favoritism in protecting against and mitigating earthquake disasters shall be given a disciplinary sanction by the employer unit or the relevant administrative department. Where the act constitutes a crime, the wrongdoer shall be prosecuted for criminal liabilities.
Article 36
These Procedures shall be effective as of January 1, 2010.
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