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Regulations of Beijing Municipality on Construction and Administration of Barrier-free Facilities

(Adopted on April 1, 2004 at the 10th Meeting of the Standing Committee of the Twelfth People’s Congress of Beijing Municipality)

Article 1 These Regulations are formulated for the purpose of enhancing the construction and administration of barrier-free facilities and in the light of the actual circumstances of this Municipality.

Article 2 These Regulations shall be applied to construction and administration of barrier-free facilities in the administrative area of this Municipality.

“Barrier-free Facilities” mentioned by these Regulations refers to material conditions constructed for insuring independent, safe and accessible passage and usage of disabled people, elderly people, children and other physically challenged people in their dwelling, traveling, working, refreshing or participating other social activities.

Article 3 The Municipality, district or county people’s government shall bring the construction of barrier-free facilities into the national economic and social development planning to ensure the construction is commensurate with economic and social development of this municipality.

Article 4 The municipal people’s government shall exercise unified guidance to the construction and administration of barrier-free facilities.

The people’s government at the county or district level shall be responsible for organizing the construction and transforming the barrier-free facilities, as well as supervising and administrating.

The related competent administrative departments such as planning, construction, municipality affair administration, transport, social security, product quality and technique supervision, travel, gardening, state land and housing administration, commerce, finance, postal service, telecommunication, culture, education, sport, public health shall be responsible for the construction, transforming, administration and supervision of barrier-free facilities within their respective duties.

The organization of integrated enforcement of municipality administration shall supervise and administrate the regular usage of the barrier-free facilities on urban roads.

The people’s government at the level of villages or towns and subdistrict offices shall be responsible for the supervision and administration of the barrier-free facilities within their administrative scope.

Article 5 The Association of Physically Challenged Persons, the Elderly People’s Affairs Committee and the Women’s Federations shall supervise the construction, transformation and management and may propose opinions to related administrative departments, and the later shall deal with and reply these opinions.

Article 6 This municipality shall give moral encouragement and material awards to those units and individuals contributing obviously in construction and management of barrier-free facilities.

Article 7 The people’s government at all levels of this municipality shall support scientific research of barrier-free facilities and encourage the development and applications of barrier-free products.

Article 8 Barrier-free facilities includes mainly:

(1) ramps, sloping curbs and blind tracks;

(2) barrier-free lifts, lift platforms and other equipment for lifting;

(3) warning signals, guiding sounds and indication equipments;

(4) low-positioned devices, specialized parking places, specialized auditorium, safety rails;

(5) barrier-free washroom or lavatory stall;

(6) barrier-free signage;

(7) other equipments accessible for the disabled people, elderly people, children and other physically challenged people.

Article 9 It is compulsory for the constructing unit to build barrier-free facilities in accordance with the requirements provided by the Design Standards of Urban Roads and Building (hereinafter refers to the Design Standards) and other related provisions of this municipality when it newly-builds, enlarges or transforms public buildings, residential houses and urban roads or roads inside the residential district, public green zones and public services equipments.

This municipality shall formulate norms or local standards of barrier-free facilities in accordance with the actual needs of this municipality.

The barrier-free facilities of the construction project shall be designed, built and commissioned together with the principal part of the construction.

Article 10 the construction of barrier-free facilities shall conform to the basic requirement of “being safe, being available, being effective and being accessible” and abide the following provisions:

(1) the floor of the pavement and public buildings shall be level and smooth and non-slip.

(2) the paving of the blind track shall keep continuous and be connected with the barrier-free facilities of the public transport stop, pedestrians’ overpass, underground tunnels and public buildings near it. Obstacles such as wire poles, stretched wires, wells for check and trees shall not exist on it.

(3) sloping curbs or ramps shall be provided to the entrance of pedestrians and public buildings.

(4) whichever the Braille station plate has been installed at public transport stop, the position, height, form and contents of the plate shall be accessible for the people with eyesight disabilities.

(5) whichever service counter or telephone is installed at zones or lobbies servicing the public, the low-positioned service counter or telephone shall be installed at the same time.

(6) warning signage or indicating devices shall be placed at the glass door, the glass wall, the tope of stairs, the entrance of lift, passageways and so on.

(7) the color of barrier-free facilities shall be bright and deeply constructing with their surroundings.

(8) whichever barrier-free facilities are installed, barrier-free signage conforming norms and standards shall be placed obviously.

Article 11 Whenever the designing unit conducts the construction design, the design of barrier-free facilities shall conform to the Design Standards and related provisions of this Municipality. The general explanation of the construction design shall include the design of barrier-free facilities.

Article 12 The administrative department of construction shall not handle the working permission certificate to the designing document of working drawings compiled by the constructing unit without being approved by the examining organ for the designing document of working drawings.

Article 13 The working unit shall construct barrier-free facilities in accordance with the designing document of working drawings as approved and the working technique standards of the State and this Municipality.

Article 14 The constructing unit that newly-builds, enlarges or transforms buildings shall check the barrier-free facilities simultaneously when it organizing the check upon acceptance to the building. If the unit fails to check or the result is non-qualified, the competent administrative department of construction shall not handle the recording formalities of check upon acceptance.

Article 15 Renovation shall be conducted, in accordance with the Design Standards and other related provisions, wherever barrier-free facilities haven’t been built or the existing barrier-free facility is inconsistent with the Design Standards and other related provisions in the public construction, residential construction, urban roads and residential districts that had been built before the promulgation of these regulations.

Article 16 The municipal competent administrative department of planning shall jointly compile the municipal reconstruction plan with the competent department such as transportation, traffic of public security, municipality management, commerce, travel, gardening, state land resources and housing management, finance, post, telecommunication, culture, education, sports, health and with the people’s government at the district and county level then submit it to the people’s government of this municipality.

The priority of renovation shall be laid to the public construction such as the office of state organs servicing the public, hospitals, postal offices, banks, air-harbors, railway stations, public transportation stops, public toilets, parks and operating or servicing places of commerce or service industry and the urban roads.

Article 17 The competent administrative department such as transportation, traffic of public security, municipality management, commerce, travel, gardening, state land resources and housing management, finance, post, telecommunication, culture, education, sports, health and the people’s government at the district and county level shall organize the person liable for renovation to formulate the implementing programme of renovation project in accordance with the renovation plan.

The person liable for the reconstruction mentioned in previous paragraph refers to the owner of public building, residential houses, urban roads or the residential district. Whichever the liability of reconstruction has been stipulated among the owner, the manager and the user, the stipulated person shall be liable for it.

Article 18 The liable person shall, based on the law, organize the design, the construction and the supervision in accordance with the implementing programme.

After the completion of barrier-free facilities renovation, the person liable for the renovation shall organize the designing unit, working unit and supervising unit to conduct check upon acceptance. The competent administrative department of construction at the district or county level shall be responsible for supervising the quality of construction project in its administrative area.

Article 19 Whichever the person liable for renovation fails to complete renovation to the public building, residential houses, urban roads or the residential district that has been listed into the renovation plan, the competent administrative department of planning shall not handle related formalities for the liable person when he applies enlargement or transformation of the same project.

Article 20 The person liable for the maintenance and management shall be responsible for maintenance and management of barrier-free facilities to ensure them in normal state. The liable person shall repair barrier-free facilities in time when they cannot be used normally.

The person liable for the maintenance and management mentioned in previous paragraph refers to the owner of public building, residential houses, urban roads or the residential district. Whichever the liability of maintenance and management has been stipulated among the owner, the manager and the user, the stipulated person shall be liable for it.

Article 21 The operating enterprise of public transport of this municipality shall equip barrier-free vehicle gradually on its operating routes in accordance with provisions of this municipality and the requirements of the competent administrative department of transportation.

The operating enterprise of public transport of this municipality shall equip visual or audio stop-announcer systems and ensure their normal state. The operating logos or signals that have been equipped shall maintain conspicuous and recognizable.

Article 22 The distress and safety system such as fire, bandit, medical aid, traffic accident alarms shall have functions of alarming or calling through literal information to ensure the needs of peoples with hearing or speaking disabilities to report to police or ask the first aid.

Article 23 Every unit and person shall take good care of the barrier-free facilities and shall not destroy, occupy or alter them illegally. To those conducts damaging the barrier-free facilities, everyone can have the right to dissuade or report.

Article 24 If, in violation of Article 11 of these regulations, the designing unit fails to design the barrier-free facilities in accordance with the Design Standards and related provisions of this Municipality, the competent administrative department of planning shall order the violator to make corrections in specified time limit and may impose a fine of more than 100,000 yuan but less than 300,000 yuan.

Article 25 If, in violation of Article 13 of these regulations, the working unit fails to construct the barrier-free facilities in accordance with the qualified working drawing as approved and the working technique standards of the State and this Municipality, the competent administrative department of construction shall order the violator to make corrections in specified time limit and may impose a fine of more than 4 percent of the total price of the project contract but less than 5 percent of the total price of the project contract.

Article 26 If, in violation of Article 14 of these regulations, the constructing unit fails to check the constructed barrier-free facilities in accordance with provisions or commissioned when the check result is non-qualified, the competent administrative department of construction shall order the violator to make corrections in specified time limit and may impose a fine of more than 4 percent of the total price of the project contract but less than 5 percent of the total price of the project contract.

Article 27 If, in violation of Article 23 of these regulations, barrier-free facilities have been destroyed, occupied or altered for another use, the competent administrative department concerned shall order the violator to cease the infringing act, restore them to the original state or compensate the damages and may make punishment in accordance with the followings provisions:

(1) to those occupy, alter or stop the use of the barrier-free facilities inside public buildings, residential houses or the residential district, the competent administrative department of planning shall impose the violator a fine more than 3,000 yuan but less than 30,000 yuan;

(2) to those damage the barrier-free facilities on urban roads, the organization of integrated enforcement of municipality administration shall impose the violator a fine more than 500 yuan but less than 3,000 yuan;

(3) to those park motor vehicles on urban roads, occupying the barrier-free facilities and violating provisions, the administrative department of traffic of public security shall impose punishment in accordance with related provisions of laws and regulations on traffic security of road. Other situations of illegally occupying the barrier-free facilities, the organization of integrated enforcement of municipality administration shall punish the violator in accordance with provisions concerned of the Regulations of Beijing Municipality of City Appearance and Environment Sanitation.

(4) to those damage the barrier-free traffic sings and marking devices, the administrative department of traffic of public security shall impose punishment in accordance with related provisions of laws and regulations on traffic security of road.

Article 28 If administrative organs, or their members default the statutory duties or abuse power, the administrative department at the higher level or departments concerned shall imposed administrative penalties on the person directly in charge and other responsible person, if a crime has been constructed, the criminal responsibility shall be investigated.

Article 29 These regulations shall come into force on May 16,2004. The Provisions of Beijing Municipality on Administration of Barrier-free Facilities Construction shall be repealed at the same time.