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Regulations of Shanghai Municipality on Civil Defense
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| (Adopted at the 10th Session of the Standing Committee of the 11th Shanghai Municipal People' s Congress on June 1, 1999) Chapter I General Provisions Article 1 In order to strengthen the overall capacities of defense of the city, prevent and mitigate the hazards of disasters, and ensure the safety of the lives and property of the people, these Regulations are worked out in accordance with the relevant laws and administrative regulations and in light of the actual conditions of this Municipality. Article 2 Civil defense as defined in these Regulations refers to the activities carried out by the government to mobilize and organize the masses to take measures of combating air-raids and natural calamities and providing disaster relief, to carry out rescue actions and to prevent and mitigate the harm of natural calamities. Article 3 These Regulations are applicable to the combating of air raids, fires, floods, earthquakes and other natural calamities, disastrous chemical accidents, nuclear contamination accidents, traffic accidents, the collapse of buildings and structures, and other disastrous accidents within the administrative areas of this Municipality, the emergency rescue work thereon and related administrative work. Article 4 The civil defense work of this Municipality shall be conducted under the leadership of the People' s Government of Shanghai Municipality; and the air defense shall be conducted under the leadership of the People' s Government of Shanghai Municipality and the Shanghai Garrison Command. The district/county civil defense work shall be conducted under the leadership of the district/county people' s governments and the air defense shall be conducted under the district/county governments and the military command at the same level. Article 5 The Civil Defense Office of Shanghai Municipality (hereinafter referred to as the Municipal Civil Defense Office) is the working body of civil defense of this Municipality, and shall be responsible for its comprehensive coordination and other related organizational and administrative work. It shall also take charge of civil air defense and its organization and implementation in this Municipality. The district/county civil defense offices are the working bodies of civil defense in their respective administrative areas and shall be responsible for its comprehensive coordination and other related organizational and administrative work. They shall also take charge of civil air defense and its organization and implementation in their respective administrative areas. The district/county civil defense offices receive professional guidance from the Municipal Civil Defense Office. The municipal and district/county public security departments and water administrative departments shall be responsible, in accordance with the stipulations of law, respectively for the prevention of fires and floods as well as emergency rescue and relief work. Departments or organizations in charge of the administration of any work concerning earthquake and other related departments shall take up their respective responsibilities in accordance with the law and provide close cooperation, in a joint effort to do a good job of taking precautions against earthquakes and minimizing their damages. The municipal and district/county departments of planning, finance, construction, communications, commerce, civil affairs, public health, environmental protection, goods and materials, power supply, telecommunications, public utilities, and meteorological forecasts shall perform their respective duties regarding civil defense. Article 6 The municipal and district/county people' s governments shall incorporate the construction of civil defense into national economy and social development plans. Article 7 The municipal and district/county people' s governments shall list civil defense expenditures in their respective annual financial budgets. Article 8 All units and individual persons are entitled to the protection of civil defense and are required to perform the duties with respect to civil defense in accordance with the law. Chapter II Planning and Preliminary Emergency Schemes Article 9 The municipal and district/county civil defense offices shall, jointly with the public security departments or organizations, water administrative departments, departments in charge of the administration of any work concerning earthquake, and other related departments, work out plans of disaster prevention and relief for their respective administrative areas, and these plans shall be submitted to their respective people' s governments at the same level for examination and approval, and for organizing the implementation of these plans. Disaster prevention and relief plans shall be revised timely in the light of the actual change of the circumstances. Article 10 The Municipal Civil Defense Office shall organize the working out of an air defense scheme and its plan of implementation for this Municipality, and submit it, after being examined and verified by the Municipal People' s Government and the Shanghai Garrison Command, to the superior military command for approval. The district/county civil defense offices shall, based on the municipal air defense scheme and its plan of implementation, work out the air defense scheme and the plan of implementation measures for their respective administrative areas, and submit them, after being examined and verified by their respective people' s governments and the military command at the same level, to the Municipal People' s Government and the Shanghai Garrison Command for approval. Air defense scheme and the plan of their implementation shall be revised at least once every 5 years. Article 11 Preliminary emergency scheme for fires, floods, earthquakes and other natural disasters as well as disastrous traffic accidents, the collapse of buildings and structures, and other disastrous accidents shall be worked out by public security departments, water administrative departments, departments or organizations in charge of the administration of any work concerning earthquake, and other related departments in accordance with their respective duties, and be submitted to their respective people' s governments at the same level for examination and approval. A duplicated copy of the preliminary emergency schemes shall be sent to the civil defense office at the same level. The municipal and district/county civil defense offices shall, jointly with the relevant departments, work out emergency measures for disastrous chemical accidents, nuclear contamination accidents, etc. for their respective administrative areas and submit them to their respective people' s governments for examination and approval. The district/county emergency schemes shall be filed with the Municipal Civil Defense Office for the record. Article 12 The key targets to be protected in civil defense in this Municipality shall be determined in accordance with the law by the municipal and district/county civil defense offices, public security departments, water administrative departments and departments or organizations in charge of the administration of any work concerning earthquake, and be filed with their respective people' s governments for the record. The determination of key economic targets to be protected in air raids shall be proposed by the Municipal Civil Defense Office jointly with the relevant departments and be submitted to the Municipal People' s Government and the Shanghai Garrison Command for approval. The units with key targets to be protected in civil defense or their superior administrative departments must take effective protection measures, work out their emergency rescue and repair schemes and organize their implementation after approval by the relevant competent administrative departments of this Municipality. Article 13 Departments of planning, finance, commerce, goods and materials, medicine, etc. shall build up a reserve of goods and materials for civil defense in a planned way in combination with the daily circulation and supply of goods and materials. Schemes for the reserve of goods and materials shall be proposed by the municipal departments responsible for goods and materials reserves, and be organized and implemented after approval by the Municipal People' s Government. Schemes for the reserve of air defense goods and materials shall be submitted to the Municipal People' s Government and the Shanghai Garrison Command for approval. Article 14 The municipal and district/county people' s governments shall, in view of the needs of civil air defense and disaster prevention and relief, organize the relevant departments to work out evacuation plans and organize their implementation. Chapter III Communication and Warning Article 15 The municipal and district/county civil defense offices shall, jointly with public security departments, water administrative departments, departments or organizations in charge of the administration of any work concerning earthquake, departments in charge of power, telecommunications and other the relevant departments, work out an overall plan for building civil defense communications in their respective administrative areas, and submit it to their respective governments at the same level for approval. The municipal and district/county civil defense offices are responsible for the working out of a plan for building air raid warning systems in their respective administrative areas, and organize the alarm construction and the administration of the air-raid alarm net. Article 16 Special communication lines and the relay lines for command communications networks and air raid warning systems needed for the building of civil defense communications and air raid warning systems shall be given priority by the relevant departments, and their operation shall be unimpeded. No unit or individual person shall be allowed to use or confuse the special frequencies or the air raid warning sound signals. Article 17 Civil defense communications facilities and air raid warning systems must be kept in good working order. In wartime, communications, radio and television systems shall give priority to the transmission, announcement and sounding of air raid warning signals. Article 18 The owner of the building, where the planned air raid warning facilities are to be located, shall reserve at least 10 square meters on the top floor of the building for their installment, provide convenience for the civil defense office to install such facilities, and shall in no way obstruct the installment. The municipal or district/county civil defense offices shall compensate for the building cost of the room reserved for the air raid warning facilities. The relevant unit in which building the air raid warning facilities are installed shall maintain and take care of the facilities. Air raid warning facilities shall not be removed without authorization. In case air raid warning facilities have to be removed and relocated if really needed by urban construction, application for such removal and relocation shall be submitted to the Municipal Civil Defense Office for approval. The cost for the relocation of the facilities shall be borne by the unit that removed the facilities. Article 19 The Municipal People' s Government, and the district/county people' s governments, that have acquired the approval of the Municipal People' s Government, may organize trial soundings of the air raid siren. The trial sounding of the air raid siren shall be implemented by the municipal and the district/county civil defense offices, and departments of power supply and telecommunications as well as the units where the air raid alarm facilities are located shall guarantee convenience for the trial sounding. The municipal and district/county people' s governments shall give public notice five days before the trial sounding of the air raid siren and the news-organs releasing units such as newspapers, radio and television shall print or broadcast the notice in time. Chapter IV Emergency Rescue and Relief Article 20 The municipal and district/county people' s governments shall, in view of civil defense needs, organize the relevant departments to set up civil defense emergency rescue and relief organizations such as professional civil defense emergency rescue and relief organizations and mass air defense emergency rescue and relief organizations. Civil defense offices shall be responsible for the organization of special civil defense rescue and relief teams and chemical accidents emergency rescue and relief teams. Other special civil defense emergency rescue and relief teams shall be set up by the relevant departments with the approval of the Municipal People' s Government. The municipal and district/county civil defense offices shall, jointly with the relevant departments, work out schemes for setting up mass air defense emergency rescue and relief organizations, and submit them to their respective people' s governments at the same level for approval, upon which the following departments shall be responsible for their organization and implementation. 1. Departments of construction, public utilities and power supply shall set up emergency repair squads; 2. Departments of public health and medicine shall set up first-aid teams; 3. Public security departments shall set up fire brigades and peace maintaining squads; 4. Departments of public health, chemical industry and environmental protection shall set up anti-chemical warfare and epidemic prevention teams; 5. Departments of telecommunications shall set up signal squads; and 6. Departments of communications and transportation shall set up transportation teams. Mass air defense emergency rescue and relief organizations shall take up tasks of disaster prevention and relief in peacetime. Red Cross organizations shall carry out rescue and relief works in accordance with the law. Article 21 The training programs and training plans for professional civil defense emergency rescue and relief organizations shall be worked out and implemented by the departments that set up such organizations. The municipal and district/county civil defense offices shall join hands with the departments that set up mass air defense emergency rescue and relief organizations in working out the training programs and training plans, and plans for comprehensive drilling. The training of mass air defense emergency rescue and relief organizations shall be organized and implemented by the departments that set up such organizations. The comprehensive drilling of mass air defense emergency rescue and relief organizations shall be organized and implemented by the municipal and district/county civil defense offices jointly with the departments that set up such organizations. Article 22 The equipment, materials and funds needed by mass air defense emergency rescue and relief organizations shall be furnished by the departments that set up such organizations. Special equipment and materials needed by them shall be provided by the municipal or district/county civil defense offices. Article 23 When disasters or disastrous accidents occur, emergency rescue and relief work shall be conducted under the command unifiedly organized by the municipal and district/county people' s governments in accordance with the principle of administration at different levels. The municipal and district/county civil defense offices and other the relevant departments shall be responsible for the implementation, executing their respective division of work in accordance with their duties. Article 24 The unit or individual person that discovers a disaster or disastrous accident, shall report it promptly to the relevant departments, or dial the "110" alarm telephone service. On receiving the report or alarm of a disaster or disastrous accident, the relevant departments shall report it to the people' s government of their own level and carry out rescue and relief in accordance with preliminary emergency schemes. While making the report or giving the alarm, the unit which is the victim of the disaster, or in which the disastrous accident occurs, shall take emergency measures to control the source of danger, organize self-relief or mutual relief and cooperate with the emergency rescue and relief organizations in carrying out rescue and relief. Article 25 Civil defense emergency rescue and relief organizations shall carry out timely rescue and relief work in accordance with the instructions of the municipal or district/county people' s government or their authorized departments, and shall in no way refuse to perform or delay such work. The departments authorized by the municipal or district/county people' s governments may muster temporarily the other personnel, equipment and materials within their respective administrative areas needed by emergency rescue and relief. The equipment and materials mustered shall be returned promptly. In case the equipment and materials are damaged or can not be returned, the municipal or district/county people' s governments shall make compensations for the loss. Article 26 The municipal or district/county civil defense offices shall, jointly with departments of planning, finance, auditing, etc. at the same level of government, balance, supervise and check up on the allocation and use of funds and materials for civil air defense and disaster prevention and rescue and relief. Article 27 The municipal and district/county civil defense offices shall, jointly with the relevant departments, collect data on the disasters and disastrous accidents within their respective administrative areas, as well as their handling in the way of emergency rescue and relief, and conduct regular analysis and research, so as to provide service for the decision-making of their respective people' s governments at the same level regarding disaster prevention and rescue and relief. Chapter V Civil Defense Article 28 The people' s governments at all levels shall strengthen propaganda and education on civil defense and enhance the awareness of the citizens in this Municipality concerning disaster prevention and relief. The municipal and district/county civil defense offices shall, jointly with the relevant departments, work out plans for the propaganda and education on civil defense. Article 29 Education of students at school on civil defense shall be organized and implemented by the competent administrative departments in charge of education at various levels jointly with other relevant departments. Civil defense education of the staff in state organs, mass organizations, institutions and enterprises shall be carried out by the unit to which they belong. Civil defense education of other persons shall be organized and implemented by the township/town people' s governments and subdistrict offices. Departments of the press, publication, radio, film, television, culture, etc. shall cooperate in carrying out civil defense education. The municipal and district/county civil defense offices shall strengthen their supervision and checkup on civil defense propaganda and education. Article 30 Citizens of this Municipality shall learn the basic knowledge about civil defense, receive training in its basic skills, participate in civil defense drills, and enhance their capacity of self-relief and mutual relief. State organs, mass organizations, institutions and enterprises shall organize, in a planned way, their employees to take part in civil defense drills such as evacuation, self-relief and mutual relief. The municipal and district/county civil defense offices shall provide guidance in such drills. The municipal and district/county people' s governments shall organize civil defense drills as needed. Article 31 The municipal and district/county civil defense offices may organize civil defense volunteers on the principle of voluntary participation. Civil defense volunteers shall participate in special civil defense training, and take part in emergency rescue and relief activities as required. The procedures for the organization, establishment and training of civil defense volunteers and their participation in emergency rescue and relief activities shall be worked out separately by the Municipal People' s Government. Article 32 All units and individual persons shall observe disciplines, abide by the law, and comply with the command in emergency rescue and relief when disasters or disastrous accidents occur. Chapter VI Civil Defense Projects Article 33 Civil defense projects as defined in these Regulations refer only to civil air defense projects, including underground construction separately built to shield personnel and goods and materials, civil air defense command, and first aid in wartime as well as basements built jointly with surface buildings that may be used for civil defense in wartime. Civil defense projects shall be used and managed by the investors in peacetime and the revenues therefrom shall go to the investors. Article 34 The Municipal Civil Defense Office shall, jointly with the relevant departments, work out a plan for the construction of civil defense projects in this Municipality according to the needs of national defense and in light of the level of urban construction and economic development. This plan shall be incorporated into the municipal overall city plan after comprehensively balanced by the municipal planning administrative department. District/county civil defense offices shall, jointly with the relevant departments, work out a plan for the construction of civil defense projects in their respective administrative areas in accordance with the municipal plan for the construction of civil defense projects. These plans shall be incorporated into the district/county overall city plans after comprehensively balanced by the district/county planning administrative departments. Article 35 Consideration shall be given to air defense needs in the construction of subways, tunnels and other main lines of communication as well as underground projects for public infrastructure such as underground power stations, reservoirs and garages. The municipal and district/county civil defense offices shall participate in the examination and approval of plans for the construction of main lines of underground communication as well as underground projects for public infrastructure described in the preceding paragraph and in their acceptance check when they are completed. Article 36 When constructing building for civil use, the construction units shall, in accordance with the relevant regulations of the State and this Municipality, incorporate into the building a basement which may be used for air raid shelter in wartime. In case such basements can not be incorporated into the building, the construction units shall pay civil defense projects construction fees in accordance with the regulations, which shall be used by the Municipal Civil Defense Office in a unified way to build air raid shelters in the neighborhood. Civil defense construction fees shall be paid to a special account of the municipal government, which shall be used for the specific purpose of civil defense and shall not be diverted to any other purposes. Article 37 Construction units that incorporate air raid shelters into their building, shall, in accordance with the limits of authority to examine and approve the construction project planning, submit their plan to municipal or district/county civil defense offices for examination, only when it is approved after examination of the construction units may apply to planning administrative departments for the verification and grant of a construction project planning permit. Article 38 The design, construction and quality of civil defense projects shall measure up to civil defense capacity and the quality standards stipulated by the State and this Municipality. Separately built civil defense projects shall be subjected to acceptance check after completion, organized by the Municipal Civil Defense Office. When a construction project with an anti-aircraft basement is subjected to acceptance check after completion, the municipal or district/county civil defense offices shall at the same time conduct acceptance check on the basement. No unit or individual person shall be allowed to lease or use a civil defense project that has not been checked for acceptance or that has failed to pass the acceptance check. Article 39 Land above ground used for civil defense projects and their auxiliary facilities, such as passages, openings, entrances and administrative housing at the entrance shall be guaranteed by the relevant departments in accordance with the law. Article 40 Public civil defense projects shall be maintained and managed by the municipal or district/county civil defense offices. Other civil defense projects shall be maintained and managed by the investor or the user, in accordance with the relevant regulations of the State and this Municipality and be subjected to the supervision and check of the municipal or district/county civil defense offices. Units that conduct maintenance of civil defense projects shall have appropriate qualifications. Article 41 Utilization of civil defense projects in peacetime shall not affect their anti-aircraft functions. Those who make use of civil defense projects in peacetime shall go to the municipal or district/county civil defense office to complete the procedures of registration beforehand. Article 42 No unit or individual person shall be allowed to dismantle civil defense projects without authorization. In case a civil defense project needs to be pulled down to make way for municipal works or reconstruction of old urban areas, application shall be submitted to competent civil defense departments of the State or civil defense offices of this Municipality in accordance with the regulations. The unit that has pulled down the project shall be responsible for construction of a substitute in the prescribed period of time, or pay the cost needed for construction of the same area of civil defense project. Chapter VII Legal Liability Article 43 Those who do any of the following acts in violation of these Regulations shall be given a warning by the municipal or district/county civil defense offices and be ordered to make rectification within a prescribed period of time. And a fine may be imposed at the same time. 1. Construction of new building for civil use without building an adequate air raid shelter or without paying or without paying enough civil defense project fees shall be penalized by a fine between RMB 10,000 yuan and 100,000 yuan; 2. Lease or use of civil defense projects that have not been checked for acceptance or that have failed to pass the acceptance check shall be penalized by a fine between RMB 1,000 yuan and 5,000 yuan in the case of individual persons, and between RMB 10,000 yuan and 50,000 yuan in the case of units. If any damage is caused, compensations shall be made in accordance with the law; or 3. Use of civil defense projects in peace time without completing procedures of registration in accordance with the regulations shall be penalized by a fine between RMB 1,000 yuan and 3,000 yuan in the case of individual persons and between RMB 10,000 and 30,000 yuan in the case of units. The fines collected or the money confiscated shall all be turned over to the state treasury. Article 44 For any of the following acts in violation of these Regulations, those who are directly in charge, and those who are directly responsible, shall be given disciplinary sanctions by their respective people' s governments at the same level or the relevant departments: 1. Failure of a civil defense office or other relevant department to work out a preliminary emergency plan beforehand in accordance with the regulations; 2. Failure of a unit with key target for civil defense or its superior administrative department to work out a plan for its own emergency rescue and repair; 3. Failure of a unit that is hit by a disaster or a disastrous accident to report timely, to give an alarm, to take emergency measures to control the source of danger, or to offer cooperation in emergency rescue and relief; 4. Failure of a civil defense emergency rescue organization to carry out the orders of the municipal or district/county civil defense offices or departments authorized by them; or 5. Diversion of civil defense project construction funds to other purposes that does not constitute a crime. Article 45 In addition to the penalties stipulated in these Regulations, acts in violation of these Regulations shall be penalized by the relevant departments in accordance with the law if these acts ought to be penalized in accordance with other relevant laws. In case these acts constitute a crime, those who do these acts shall be prosecuted for criminal liability in accordance with the law. Article 46 If the party concerned refuses to accept as final the specific administrative act of the relevant departments decided on in accordance with these Regulations, 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 or enforce the decision in accordance with the law. Article 47 Staff workers of administrative departments responsible for civil defense shall be given disciplinary sanction by the unit where they work or by the superior administrative department if they neglect their duty, abuse their power or play favoritism and commit irregularities. In case their acts constitute a crime, they shall be prosecuted for criminal liabilities. Chapter VIII Supplementary Provisions Article 48 These Regulations shall become effective on August 1, 1999. |
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