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457 The Management Measures of Shenzhen Municipality on Urban Lighting 深圳市城市照明管理办法

来源:深圳市司法局 日期:2019年12月27日 字号:[] 【内容纠错】

   (Considered and adopted by the 123rd Executive Meeting of the 6th Shenzhen Municipal People's Government on May 28, 2018)

   

   Chapter One General Provisions

  Article 1 In order to strengthen urban lighting management, improve the urban lighting environment, and promote energy conservation, the Measures are formulated in accordance with the administrative regulations, including the Management Regulations of Shenzhen Special Economic Zone City on the City Appearance and Environmental Sanitation and in consideration of actual conditions of Shenzhen Municipality.

  Article 2 The Measures shall apply to the planning, construction, maintenance and supervision of urban lighting in Shenzhen Municipality. 

  Article 3 Urban lighting shall have a systematic overall plan, and meet the purposes of being people-oriented, economically applicable, safe, energy-saving and beautify the environment. 

  Article 4 Urban lighting mentioned in the Measures refers to functional lighting and landscape lighting in urban roads, residential areas, villages in the city, plazas, parks, greenways, public green spaces, historical sites and other buildings and structures. 

  Functional lighting refers to the lighting for the purpose of ensuring the safety of people's travel and outdoor activities through artificial light, including urban road lighting and other functional lighting.

  Landscape lighting refers to the lighting for decoration and landscaping through artificial light.

  Urban lighting facilities refer to the equipment and ancillary facilities for the purpose of urban lighting, such as power distribution rooms, distribution boxes, transformers, light poles, lamps, pipelines, working wells, monitoring systems, and energy-saving systems.

  Article 5 The municipal urban lighting department (hereinafter referred to as the Municipal Competent Department) shall be responsible for the coordination of the urban lighting work of the whole city, and the management of the urban lighting work within its jurisdiction in accordance with its duties. 

  The district urban lighting competent departments (hereinafter referred to as the District Competent Departments) shall be responsible for the management of district lighting work within their jurisdictions in accordance with their duties.

  The land and resources planning department, transportation department, construction and works department, housing construction department, finance department, science and technology department, public security organs and other authorities and power supply enterprises shall perform their respective duties of the urban lighting work.

  Article 6 The construction funds for urban lighting facilities invested by the government shall be included in the funding plan on urban construction as required. 

  The government encourages social funds to invest in the construction, operation and maintenance of urban lighting facilities.

  Article 7 Shenzhen Municipality encourages new technologies, techniques and materials for energy conservation and environmental protection in the construction, operation and maintenance, and promotes the informationization and intelligence of urban lighting management. 

   

  Chapter Two Planning and Construction

  Article 8 The Municipal Competent Department, together with the municipal land and resources planning department and transportation department, shall, according to the overall urban planning, formulate the special plans on urban lighting and submit to the municipal urban planning committee for approval and implementation.  

  Before an urban lighting special plan is submitted for approval, the Municipal Competent Department shall publicly solicit opinions and suggestions from all levels and sectors of society through hearings and demonstration meetings.

  Article 9 The special plans on urban lighting shall raise the requirements on the construction and management of urban lighting in different regions and in different periods of time according to the functional zoning of Shenzhen Municipality, the economic and social development and the natural and geographical environment, cultural conditions and traffic safety requirements of Shenzhen Municipality. The principles of energy conservation and low carbon, keeping appropriate in time, location and extent shall be followed. 

  Article 10 Functional lighting facilities shall be provided in the following areas:

  (1) Roads, bridges, tunnels, pedestrian crossing facilities, greenways;

  (2) Residential areas, urban villages, plazas, parks, public green spaces, historical sites, public parking lots;

  (3) Other public places where safety hazards might exist without functional lighting facilities.   

  Article 11 The following key areas shall be provided with landscape lighting facilities in accordance with the special plans on urban lighting:

  (1) Important landmarks and nodes;

  (2) Main landscape corridors;

  (3) Important traffic portals;

  (4) Other areas where landscape lighting facilities are required. 

  Article 12 Urban lighting facilities shall be constructed by the following organizations or individuals:

  The construction organization of the main project shall be responsible for the construction of supporting urban lighting facilities of main project. The owner or the manager shall be responsible for the construction of additional urban lighting facilities.

  Addition to the provisions of the preceding paragraph, if the competent department considers that it is necessary to add urban lighting facilities, they shall be responsible for the construction after the government of the corresponding level approves so. 

  Article 13 Organizations engaged in the investigation, design, construction and supervision of urban lighting projects shall have corresponding statutory qualifications. 

  Article 14 The newly built, rebuilt or expanded urban lighting facilities shall meet the requirements of the special plans on urban lighting , urban lighting technical standards and technical specifications. 

  The lighting of urban lighting facilities shall not be direct at the windows of residential buildings. If the urban lighting facilities are close to the windows of the residential buildings, shading measures shall be taken.

  Shenzhen Municipality encourages buildings to implement internal penetrance lighting.

  Article 15 The supporting functional lighting facilities and the landscape lighting facilities in key areas of the main project shall be designed, constructed and put into use simultaneously with the main project (hereinafter referred to as "Three Simultaneities").

  The Municipal Competent Department shall, together with the municipal land and resources planning department, publicly solicit opinions and suggestions from all levels and sectors of society in accordance with the special plans on urban lighting , clearly define the scope of the "Three Simultaneities" for landscape lighting and announce it to the public.

  Article 16 In terms of the landscape lighting facilities construction projects implement the "Three Simultaneities" principle, the land approval documents or land transfer contracts shall specify the planning requirements of "Three Simultaneities" for the landscape lighting facilities. 

  In terms of the landscape lighting facilities construction projects implement the "Three Simultaneities" principle, when their design schemes of the main project are reviewed by the land and resources planning department, the department shall also review the design scheme of landscape lighting according to the special plans on urban lighting and specify relevant contents in the construction project planning permit.

  Article 17 In terms of the construction projects implement the "Three Simultaneities" principle, when a construction organization organizes completion acceptance, the organization shall be in accordance with the requirements of the approved design scheme, relevant technical standards and technical specifications, and organizes completion acceptance of urban lighting facilities at the same time; if the project fails to meet the requirements, it shall not be delivered for use. After passing the acceptance, the construction organization shall carry out the completion acceptance filing according to the regulations.  

  According to the division of responsibilities, a construction organization shall notify the competent department or the transportation department to participate in the completion acceptance of the urban road lighting facilities invested by the government. Those who pass the acceptance shall go through the handover and takeover procedures; if the acceptance is failed, the construction organization shall make rectification according to the requirements. Only after the rectification is qualified can the handover and takeover procedures be handled.

  In terms of the urban road lighting facilities fund by social investment need to be transferred to the competent department for management, the construction organization shall apply to the competent department for transfer, and the hand-over and take-over procedure can only be handled with the consent of the government of the corresponding level and after the acceptance is qualified. 

  Article 18 The urban road lighting facilities transferred to the competent department or the transportation department for management shall meet the following conditions: 

  (1) Requirements of the special plans on urban lighting , urban lighting design plan, technical standards and technical specifications are complied with;

  (2) Technical and safety conditions to be incorporated into the urban lighting intelligent control system are met;

  (3) Construction project has been completed with complete completion data of urban road lighting facilities;

  (4) Electricity bill has been settled and it is promised to complete the procedures for changing the electricity usage such as transfering ownership;

  (5) Conditions for safe electrification and lighting are met.

  If the above conditions are met, the competent department or the transportation department shall take over in time. If the above conditions are not met, the competent department or the transportation department shall inform what needs to be corrected for one time.

  Article 19 For new construction, reconstruction or expansion of urban roads, the lighting rate of lighting facilities shall reach 100%. Where the existing urban roads are not equipped with road lighting facilities, the competent department shall gradually improve them.

  Functional lighting facilities shall be laid underground in accordance with regulations. If the pipeline is not laid underground, it shall be gradually modified.

   

  Chapter Three Maintenance and Management

  Article 20 Functional lighting facilities shall be maintained and managed by the following organizations or individuals: 

  (1) Urban road lighting facilities transferred to the competent department shall be maintained and managed by the competent department;

  (2) Lighting facilities in the tunnels shall be maintained and managed by the transportation department;

  (3) Functional lighting facilities other than section (1) and (2) shall be maintained and managed by their owner or manager.

  Article 21 Landscape lighting facilities shall be maintained and managed by the following organizations or individuals: 

  (1) landscape lighting facilities in public facilities and residential areas invested and constructed by the government shall be maintained and managed by the competent department, and their expenses shall be borne by the financial funds.

  In terms of the landscape lighting facilities, invested by government, in commercial buildings (including office buildings, hotels and apartments, etc.) and other operating buildings and structures, the competent department might entrust the building owner to be responsible for the maintenance and management, and the maintenance fees and electricity subsidies shall be given in accordance with the relevant provisions;

  (2) non-governmental invested landscape lighting facilities shall be maintained and managed by the owner or manager. Among them, the maintenance fee and electricity subsidies shall be given in accordance with the relevant provisions for the lighting of buildings that are incorporated into the intelligent control system of urban lighting and located in key areas, or the internal lighting that are lighted as required by competent department.

  The maintenance fee and the electricity subsidies shall be included in the financial budget. The specific measures shall be formulated separately by the Municipal Competent Department and the municipal finance department and be implemented after approved by the Municipal Government.

  Article 22 In terms of the urban lighting facilities maintained and managed by the competent department or the transportation department, their maintenance and management organization for routine maintenance shall be selected by means of open competition such as bidding. 

  The maintenance standards and supervision methods for urban lighting facilities shall be formulated separately by the Municipal Competent Department.

  Article 23 The maintenance and management organization of urban lighting facilities shall maintain the integrity, good function and clean appearance of the facilities, to ensure safe operation and normal use; faults and damages shall be repaired and replaced in time. 

  Article 24 The lighting rate of lighting facilities for expressways and arterial roads shall not be less than 98%, and the lighting rate of sub-arterial roads and branch roads shall not be less than 96%. 

  In the event of a failure of urban road lighting facilities, the maintenance and management organization shall make emergency repairs immediately after finding the failure or receiving the report. Simple malfunctions such as single lighting-off shall be handled within 24 hours; the complex malfunctions such as line and equipment damage shall be handled within 3 days; in case of malfunctions related to renovation, remediation, or being short of special accessories, the maintenance and management organization shall take measures such as setting up announcements and reminders to prevent accidents.

  The competent department or the transportation department shall formulate emergency plans for sudden occurrence of urban road lighting facilities, and organize drills to ensure the normal operation of urban road lighting facilities in emergency situations.

  Article 25 It is forbidden for organizations or individuals to engage in the following acts that impede or damage urban lighting facilities:

  (1) Scribe, smear, post, and dry items on urban lighting facilities;

  (2) Dump corrosive materials within 1 meter of the urban lighting facilities;

  (3) Set up pipelines or place other facilities on urban lighting facilities without authorization;

  (4) Operate the urban lighting switch facilities or change its operation mode without authorization;

  (5) Other forbidding acts as stipulated by the law, administrative regulations and rules. 

  Article 26 No organization or individual shall relocate, dismantle or modify urban road lighting facilities or excavate above urban road lighting pipelines without authorization.  

  If it is necessary to relocate, dismantle or modify urban road lighting facilities or excavate above urban road lighting pipelines, the construction organization shall formulate a temporary urban road lighting scheme and a construction safety protection scheme, and sign a protection agreement with the competent department or the transportation department to clarify the responsibilities of both parties before construction. When the project is completed, the construction organization shall restore the urban road lighting facilities at the same time; if the facilities cannot be restored, it shall build new urban road lighting facilities and handle the handover and takeover procedures.

  If the emergency rescue causes damage to urban road lighting facilities, the emergency rescue organization shall promptly notify the competent department or the transportation department, and go through the formalities within 5 days after the end of the emergency rescue and bear the repair costs. 

  Article 27 If the landscape lighting facilities in key areas not managed by the competent department are to be relocated, dismantled or modified, the construction organization shall submit the plan for relocation, dismantling and modification to the competent department for the record. 

  Article 28 It is forbidden to get electricity from urban road lighting facilities without authorization. 

  If it is necessary to get electricity from urban road lighting facilities, it shall be approved by the competent department or the transportation department and the power supply enterprise, and the power supply formalities and agreements shall be signed with the competent department or the transportation department to clarify the responsibilities of both parties.

  Article 29 It is forbidden to set advertisements or decorations on urban road lighting facilities without authorization. 

  In the event of a festival celebration, if it is necessary to temporarily install public service advertisements or decorations on urban road lighting facilities, the organizer or the implementer shall be responsible for the safety of the use of the installations with the prior approval of the competent department.

  After the event, the organizer or the implementer shall dismantle and clean up the installations within 3 days and restore the original state of the urban road lighting facilities. If the urban road lighting facilities are damaged due to the installations, the organizer or the implementer shall bear the repair costs.

  Article 30 The competent department of greening shall scientifically and reasonably select greening tree species according to the height and density of branches and leaves, and the responsible person for greening maintenance shall timely prune branches in accordance with the requirements of relevant standards and technical specifications to prevent the growth of trees from affecting road lighting.

  The safe distance between the branches and leaves and the light poles and lamps shall not be less than 1 meter. 

  The newly planted green arbors and street lamps shall not be in the same row, and the spacing shall not be less than 3 meters.

  Within a high-pole lamp’s (street lamps higher than 20 meters) radius of 5 meters, it is prohibited to plant new arbors. 

  If the safe operation of urban road lighting facilities is endangered due to force majeure such as typhoon, rainstorm and earthquake, the maintenance and management organization shall prune and cut down trees first. If the trees are pruned, the relevant situation shall be reported to the competent department of greening and the person responsible for greening maintenance within 24 hours after the danger is removed. If the trees are cut off, the relevant procedures shall be made up to the competent department of greening within 5 working days after the danger is removed.

  If the existing urban roads fail to meet the requirements of the above paragraph 2 and 3, the competent department of greening and the urban lighting department shall gradually improve the conditions.

  Article 31 Urban road lighting facilities shall be turned on and off according to the specified time, and adjusted in time according to seasonal and weather factors.

  Other functional lighting facilities shall be turned on and off with reference to the switching time of urban road lighting facilities, but shall not affect residents' lives and traffic safety. 

  Landscape lighting facilities in key areas shall be turned on and off according to the specified time.

  During periods of tight power supply, the government shall reasonably shorten the landscape lighting time in key areas.

  Article 32 If the urban road lighting facility is damaged due to a traffic accident, the person responsible for the accident shall properly protect the scene of the accident, prevent the accident from expanding, immediately notify the relevant organization, and compensate the loss according to law. 

  Article 33 The Municipal Competent Department shall establish the sound supervision and evaluation system for the maintenance and management of urban lighting facilities, and regularly organize supervision and inspection of the operation of urban lighting facilities, the actual lighting effects, and the lighting energy consumption. 

  Article 34 Any organization or individual has the right to stop, report or complain about the damage or obstruction actions to urban lighting facilities. 

  The competent department shall announce to the public the telephone lines operating 24 hours a day to receive reports and complaints of the damages to urban lighting facilities. After receiving the reports and complaints, the competent department shall conduct timely investigation and handling, and give written feedback on the investigation and handling to the real-name informer or complainant within 3 working days after the completion of the handling.

   

  Chapter Four Energy Conservation and Environmental Protection

  Article 35 The competent department shall establish an intelligent control system for urban lighting, intelligently monitor and manage urban lighting facilities, to realize scientific and reasonable switching and brightness control of urban lighting facilities invested by the government. 

  For non-governmental invested urban lighting facility, the competent department shall be responsible for the coordination and gradually incorporate it into the urban lighting intelligent control system.

  Article 36 Competent department, finance department and science and technology department shall support the promotion and use of new technologies, new products and new equipment to realize energy-saving and environment-friendly lighting, timely obsolete high energy consumption and low efficiency lighting products, carry out green and energy-saving lighting demonstration pilot activities, and improve the scientific and technological level of urban lighting. 

  Article 37 The Municipal Competent Department shall formulate urban lighting energy conservation plans according to the special plans on urban lighting , and strictly control the scope, brightness and energy consumption density of landscape lighting. 

  Article 38 The competent department shall incorporate the green lighting, energy conservation and emission reduction work into the publicity content of environmental protection activities such as "Energy Conservation Week" and "National Low Carbon Day", and focus on the promotion of urban lighting energy conservation and emission reduction. 

  Professional and technical personnel engaged in investigation, design, construction, supervision and facilities maintenance and management of urban lighting projects shall regularly participate in energy-saving education and on-the-job energy-saving training organized by the competent department to improve the energy efficiency of urban lighting of urban lighting.

  Article 39 Any organization or individual shall not conduct any behavior causing over-illumination in urban lighting.

  The competent department shall regularly check, organize and evaluate the lighting energy conservation control measures of the urban lighting maintenance management organization, then summarize and promote the advanced urban lighting energy conservation technology experience.

  The term “over-illumination” mentioned in this article refers to the fact that the illuminance or brightness exceeds the maximum allowable value specified in the relevant municipal lighting technical standards or specifications.

   

  Chapter Five Legal Liability

  Article 40 If the competent department and other relevant administrative departments and their staff members have the following acts in the urban lighting management work, they shall be investigated for administrative responsibilities according to law. If crime is constituted, criminal responsibilities shall be investigated according to law.   

  (1) Fail to prepare the special plans on urban lighting in accordance with regulations;

  (2) Fail to explicitly implement the landscape lighting area under "Three Simultaneities" and publicize it to the public;

  (3) Fail to take over the urban road lighting facilities in time;

  (4) Fail to maintain and manage urban lighting facilities as required;

  (5) Fail to provide maintenance fee and electricity subsidies as required;

  (6) Fail to establish the urban lighting intelligent control system to intelligently monitor and manage urban lighting facilities;

  (7) Other acts that fail to perform their statutory duties.

  Article 41 Anyone who violates the provisions of the Measures and commits one of the following acts shall be punished by the competent department or the transportation department in accordance with the following provisions: 

   (1) In violation of the provisions of the first section of Article 15 of the Measures , if urban lighting facilities are not designed, constructed and put into use at the same time as the main project, the violator shall be ordered to make corrections within a time limit; if no correction is made within the time limit, a fine of 30,000 yuan shall be imposed, except as otherwise provided by laws and administrative regulations;

  (2) In violation of the provisions of the first section of Article 17 of the Measures, if urban lighting facilities do not meet the requirements of the approved design scheme, relevant technical standards and technical specifications, the violator shall be ordered to make corrections within a time limit and be fined 100,000 yuan; Those who fail to record the completion acceptance inspection as required shall be punished by the relevant administrative departments according to law;

  (3) In violation of the provisions of article 23 of the Measures, if the urban lighting facilities are not maintained and managed in accordance with the provisions, the violator shall be ordered to make corrections within a time limit; If no correction is made within the time limit, a fine of 10,000 yuan shall be imposed, except as otherwise provided by laws and administrative regulations; 

  (4) In violation of the provisions of the first section of Article 26 of the Measures, in terms of the unauthorized relocation, dismantling, modification of urban road lighting facilities, or excavation above the urban road lighting pipeline, the relevant organization or individual shall be ordered to restitute the original states, then the individual shall be fined 200 yuan and the organization shall be fined 20,000 yuan; in terms of the damages to urban road lighting facilities, the relevant organization or individual shall be ordered to restitute the original state and compensate for the losses, then the individual shall be fined 500 yuan and the organization shall be fined 20,000 yuan to 50,000 yuan. If the circumstances are serious, the relevant organization or individual shall be ordered to restitute the original state and compensate for the losses, then the individual shall be fined 1,000 yuan and the organization shall be fined 50,000 yuan to 100,000 yuan, except as otherwise provided by laws and administrative regulations;

  (5) In violation of the provisions of Article 27 of the Measures, if the construction organization fails to submit the relocation, dismantling and modification plans of the landscape lighting facilities in key areas to the competent department for the record, it shall be ordered to make corrections and be fined of 2,000 yuan, which shall not exempt from the relevant responsibility; 

  (6) In violation of the provisions of the first section of Article 28 of the Measures, if anyone receives electricity from urban road lighting facilities without authorization, he shall be ordered to make corrections within a time limit and pay the electricity consumption fee. If the electricity receiver is an individual, he shall be fined of 1,000 yuan, and if the electricity receiver is an organization, he shall be fined of 10,000 yuan.

  (7) In violation of the provisions of the first section of Article 29 of the Measures, if the organizer or the implementer sets advertisements or decorations on urban road lighting facilities without authorization, it shall be ordered to make corrections within a time limit. If the organizer or the implementer is an individual, he shall be fined in 1,000 yuan, and if the organizer or the implementer is an organization, it shall be fined 5,000 yuan; 

  (8) In violation of the provisions of the first and third sections of Article 31 of the Measures, if the urban road lighting facilities or landscape lighting facilities of key areas are not opened or closed in accordance with the specified time, the violator shall be ordered to make corrections within a time limit; if no correction is made within the time limit, a fine of 3,000 yuan shall be imposed.

  Article 42 If an organization or individual violates the provisions of Article 25 of the Measures, it shall compensate the loss according to law, and the competent department shall impose penalties in accordance with the following provisions, except as otherwise provided by laws and administrative regulations:

  (1) If anyone scribe, smear, post, or dry items on urban lighting facilities, he shall be ordered to make corrections within a time limit, with a fine of 100 yuan for the individual or a fine of 500 yuan for the organization; 

  (2) If anyone dumps corrosive materials within 1 meter of the urban lighting facilities, a fine of 1,000 yuan shall be imposed on the individual and a fine of 10,000 yuan shall be imposed on the organization;

  (3) If anyone set up pipelines or place other facilities on urban lighting facilities without authorization, he shall be ordered to make corrections within a time limit, and a fine of 500 yuan shall be imposed on the individual and a fine of 2,000 yuan shall be imposed on the organization;  

  (4) If anyone operates the urban lighting facility or changes its operation mode without authorization, a fine of 1,000 yuan shall be imposed on the individual and a fine of 5,000 yuan shall be imposed on the organization;

  Article 43 Anyone who steals or illegally acquires urban lighting facilities shall be punished by the public security organs according to law. For who is suspected of crime, he/she shall be transferred to the judicial organs in accordance with law.

  Article 44 If anyone refuses to pay the fine in violation of the provisions of the Measures, the competent department or the transportation department might impose an additional fine of 3% per day according to law, or apply to the court for compulsory enforcement, and notify the relevant penalty information to the housing and construction department, waterworks department, market supervision department, public credit investigation department and other organizations, through which to incorporate the bad credit into the credit record system. 

   

  Chapter Six Supplementary Provisions

  Article 45 The terms “not lower than”, "not less than", "within", "above" and "below" as mentioned in the Measures shall include the number itself.

  Article 46 The Measures is effective since August 1, 2018. The Management Regulations of Urban Road Lighting in Shenzhen Special Economic Zone (No. 59 of the Municipal Government Order) promulgated on March 3, 1997 is abolished at the same time.