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Provisions of Shanghai Municipality for the Administration of Installation and Use of Air-conditioning Equipment
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| (Promulgated by Decree No. 2 of the Shanghai Municipal People' s Government on April 26, 1995; revised and re-promulgated in accordance
with Decree No. 53 of the Shanghai Municipal People' s Government on December 14, 1997) Article 1 Purpose and Basis With a view to protecting the living environment, maintaining the city appearance, and ensuring smooth traffic, public security and human health, these Provisions are formulated in accordance with the Regulations of Shanghai Municipality on Environmental Protection and other relevant laws and regulations, and in light of the actual circumstances of this Municipality. Article 2 Definition Air-conditioning equipment as defined in these Provisions refer to window-type air-conditioners, outdoor units of separate-bodied air-conditioners, outdoor units of cabinet-type air-conditioners, outdoor units of central air-conditioning systems, cooling heating water units and other auxiliary equipment and fixing racks. Article 3 Scope of Application These Provisions shall be applicable to the installation and use of air-conditioning equipment and the supervision and administration in this Municipality. Article 4 Principles of Installation and Use The installation and use of air-conditioning equipment shall help maintain the city appearance, ensure smooth traffic, and avoid disturbing the normal work and life of others. Article 5 Competent Department and Assisting Departments The Environmental Protection Bureau of Shanghai Municipality (hereinafter referred to as the Municipal Environmental Protection Bureau) shall be responsible for the supervision and administration of the installation and use of air-conditioning equipment in this Municipality. The district/county environmental protection departments shall take charge of the supervision and administration of the installation and use of air-conditioning equipment within their jurisdiction. Administrative departments at all levels of planning, municipal administration, real estate, public security, industry and commerce, and electric power shall, in accordance with their respective functions, cooperate with the environmental protection departments in the implementation of these Provisions. Subdistrict office, the people' s governments of townships (towns) and the residents' committees shall do a good job of mediation when disputes arise out of the installation and use of air-conditioning equipment in their localities. Article 6 Height of Installation of Air-conditioning Equipment The installation of air-conditioning equipment shall not take up the space of sidewalks. The air-conditioning equipment installed by units or self-employed workers in the buildings along the streets (including the public passageways in the neighborhoods, lanes and alleys) shall be no less than 2.5 meters high from the ground outside to the bottom of the racks. In case of the real limitations given by the objective circumstances where the requirement of 2.5 meters in height can by no means be met, the height of installation may be appropriately lowered with the examination and approval of the district/county environmental protection departments in the locality, but the minimum height from the ground outside to the bottom of the racks shall be no less than 1.9 meters. The air-conditioning equipment installed by residents shall meet the requirement in height set in the preceding paragraph. In case of the real limitations given by the objective circumstances where the requirement in height set in the preceding paragraph can by no means be met, consultations shall be held with neighboring residents to find a solution, but the owner of the air-conditioning equipment shall bear the civil liabilities for personal injuries resulting therefrom. Article 7 Distance Between the Air-conditioning Equipment and the Neighboring or the Opposite Residents The air-conditioning equipment shall be as far away from the doors and windows of the neighboring residents as possible. The distance between the air-conditioning equipment and the doors and windows of the opposite residents shall not be less than the following requirements: 1. 3 meters if the rated refrigerating power is below 2 kilowatts; 2. 4 meters if the rated refrigerating power is above 2 kilowatts but below 5 kilowatts; 3. 5 meters if the rated refrigerating power is above 5 kilowatts but below 10 kilowatts; or 4. 6 meters if the rated refrigerating power is above 10 kilowatts but below 30 kilowatts; In case of the real limitations given by the objective circumstances where the requirement in distance set in the preceding paragraph can by no means be met, measures shall be taken to protect the rights and interests of the opposite residents, and a written agreement shall be reached with him/her through consultation. Article 8 Examination and Approval of Installation of Air-conditioning Equipment To install air-conditioning equipment with a rated refrigerating power of above 5 kilowatts but below 30 kilowatts, application shall be submitted to the district/county environmental protection departments in the locality. Installation procedures shall not start until the application is examined and approved. To install air-conditioning equipment with a rated refrigerating power of above 30 kilowatts, application shall be submitted for examination and approval in accordance with the provisions in the construction project with respect to the environmental protection. Article 9 Amalgamated Calculation of Rated Refrigerating Power The rated refrigerating power of a number of air-conditioners installed on the same upright surface by the same unit or individual with spacing of less than one meter between them shall be amalgamated in calculation. Article 10 Restriction on the Installation of Air-conditioners in Shared Space of Buildings Installation of air-conditioners in shared space of buildings such as passages, stairways and exits shall be prohibited. Article 11 Requirements on the Installation of Air-conditioners in Superior Modern Buildings Installation of air-conditioners in superior modern buildings of this Municipality must conform to the relevant regulations concerning the administration of superior modern buildings protection in this Municipality. Article 12 Requirements on the Installation of Air-conditioners Along the Streets With Respect to City Appearance Air-conditioners in buildings along the streets of the city shall be installed in the uniformly planned positions so as to meet the requirements of city appearance. The practical standards shall be formulated separately by the Municipal Administration Committee and the Municipal Environmental Protection Bureau together with the relevant departments. Article 13 Safety Requirements Users of air-conditioning equipment shall take appropriate safety measures and conduct periodic checks so as to avoid accidents. In the installation of air-conditioning equipment, the weight-bearing structure of the building shall not be altered without authorization and the safety of the building shall not be jeopardized. Article 14 Restrictions on the Discharge of Condensed Water from Air-conditioning Equipment The discharge of condensed water from air-conditioning equipment shall not interfere with the normal work and life of others. The condensed water from air-conditioning equipment installed in buildings along the streets including public passageways in neighborhoods, lanes and alleys shall not be discharged onto the outside walls of the buildings or the ground outside. Article 15 Control of Noise Pollution In using air-conditioning equipment, care shall be taken not to allow noise to disturb the normal work and life of others. The noise coming from the air-conditioning equipment used by units or self-employed workers shall conform to the environmental noise standard for the locality. If the noise level exceeds the standard, effective measures must be taken to eliminate the noise pollution. In case of the real limitations given by the objective circumstances where the noise pollution from air-conditioning equipment can not be eliminated for the time being, care must be taken to minimize the harm caused by noise pollution and a written agreement shall be reached through consultation with the affected units or individual persons. Article 16 Penalties for Acts Endangering the Environment Units or self-employed workers who commit one of the following acts in violation of these Provisions shall be enjoined by the environmental protection departments to make rectification within the prescribed period of time and given a disciplinary warning or a fine of RMB 500 to 5,000: 1. Installing air-conditioning equipment in violation of the provision regarding the height for installation of such equipment; 2. Installing air-conditioning equipment in violation of the provision regarding the distance between such equipment and the opposite residents without consultation with them; 3. Installing air-conditioning equipment in the shared space of buildings; 4. Discharging condensed water in violation of the relevant provision; 5. Violating the provision concerning noise pollution control; or 6. Other acts endangering the environment. Article 17 Penalties for Violation of the Provisions Regarding the Examination and Approval of Application for Installation of Air-conditioning Equipment For installation of air-conditioning equipment with a rated refrigerating power of above 5 kilowatts but below 30 kilowatts without application to the environmental protection departments for examination and approval, the environmental protection departments may order the suspension of the use of such equipment and demand the making up for the required formalities. In addition, a fine of RMB 500 to 5,000 may be imposed. Installation of air-conditioning equipment with a rated refrigerating power of above 30 kilowatts without application for examination and approval in accordance with the provisions in the construction project with respect to the environmental protection shall be penalized by the environmental protection departments in accordance with the aforesaid provisions. Article 18 Penalties for Acts Violating Provisions Concerning City Construction and Public Security Administration Violation of these Provisions by taking up the space of sidewalks in installing air-conditioning equipment shall be penalized by the Municipal Works Administration and public security departments in accordance with the relevant provisions regarding urban road traffic administration. Installation of air-conditioning equipment in violation of the provisions regarding the administration of superior modern buildings protection in this Municipality shall be penalized by the historical relics administrative departments and the real estate administrative departments in accordance with the relevant provisions regarding the administration of superior modern buildings protection in this Municipality. Acts of altering weight-bearing structure of buildings without authorization when installing air-conditioning equipment in violation of these Provisions and jeopardizing the safety of buildings shall be penalized by the planning administrative departments in accordance with the relevant regulations of the urban planning administration. Those who hinder or obstruct the government employees in performing their duties shall be penalized by the public security departments in accordance with the law. In case the violation constitutes a crime, the offender shall be prosecuted for the criminal liability by the judicial departments. Article 19 Review and Legal Proceedings If the party concerned refuses to accept as final the specific administrative act of the environmental protection administrative departments, he or she may apply for administrative review or take legal action in accordance with the Regulations of Administrative Review and the provisions of the Administrative Litigation Law of the People' s Republic of China. In case the party concerned neither applies for review, nor takes legal action, nor complies with the administrative decision within the prescribed time limit, the administrative departments that made the administrative decision may apply to the people' s court for enforcement according to the administrative Litigation Law of the People' s Republic of China. Article 20 Handling of Disputes In case of disputes arising out of the installation and use of air-conditioning equipment, the party concerned may appeal to the district/county environmental protection administrative departments or subdistrict office, township/town people' s governments and residents' committees for mediation, or take legal proceedings at a people' s court. Article 21 Residents' Joint Pledge Residents' committees may, in light of the actual circumstances of their locality, initiate a residents' joint pledge whereby to formulate some appropriate Provisions for residents to install air-conditioners. Article 22 Handling of Matters Occurring Before the Implementation of These Provisions For air-conditioning equipment installed before the implementation of these Provisions that does not conform to these Provisions, self-rectification shall be made or make-up formalities for examination and approval be completed within the prescribed period of time upon the implementation of these Provisions. The specific time limit for such proceedings shall be set by the Municipal Environmental Protection Bureau separately. Article 23 Application and Interpretation Authorities The Municipal Environmental Protection Bureau shall be responsible for the interpretation of the practical application of these Provisions. Article 24 Date of Implementation These Provisions shall take effect on June 1, 1995. |
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