(Adopted at the 25th Meeting of the Standing Committee of the Fourth Shenzhen Municipal People’s Congress on January 21, 2009, approved at the 10th Meeting of the Standing Committee of the Eleventh Guangdong Provincial People’s Congress on March 31, 2009)
Article 1 These Measures are formulated according to the actual conditions in this Municipality in order to implement the Civil Air Defense Law of the People’s Republic of China.
Article 2 These Measures are applicable to the civil air defense work in the administrative area of this Municipality.
Article 3 For civil air defense, the principles of making long-term preparation, giving priority to the building of key works, suiting both peacetime and wartime needs, integrating air defense into hazard prevention and anti-terrorism, and coordinating its buildup with economic and social development, urban construction and requirements for disaster prevention and relief and emergency treatment shall be applied.
Article 4 The municipal and district people’s governments (hereinafter referred to as the municipal and district governments) and the military organs at the corresponding level shall exercise leadership in the work of civil air defense throughout their respective administrative area.
The competent departments for civil air defense of the municipal and district governments shall administer the work of civil air defense in their respective administrative area.
Relevant municipal and district departments for development and reform, planning, state-owned land and real estate, construction, and finance shall be responsible for the work of civil air defense within the limits of their respective functions and duties.
The sub-district administrative offices and legally-determined target units for key protection shall, under the guidance of competent departments for civil air defense, appoint organizations and personnel to be responsible for civil air defense in accordance with relevant provisions.
Article 5 The municipal and district governments shall, in conjunction with military organs at the corresponding level, establish military-political joint conference system to coordinate and address major issues encountered in civil air defense and disaster prevention.
Article 6 The municipal and district governments shall prepare the overall plan for civil air defense development of the administrative area and incorporate it into the national economic and social development planning.
The competent departments for civil air defense and municipal planning departments shall, in joint hand with relevant departments, prepare the planning of municipal civil air defense project and incorporate it into the urban overall planning after submittal for approval by required procedures. All districts shall, in accordance with the planning of municipal civil air defense project construction, prepare the planning of civil air defense project construction of the administrative area and submit it to the municipal competent departments of civil air defense for reviewing and approval by required procedures before implementation.
Article 7 Development and utilization of underground space shall take into account the requirements and functions of civil air defense.
The municipal planning department shall, in organizing and preparing the underground space development and utilization planning, ask for opinions of the municipal competent department of civil air defense to ensure coordination of the utilization of underground space and the construction of civil air defense.
Article 8 The expenses for civil air defense shall be jointly borne by the governments and the society.
The following expenses for civil air defense shall be borne by the municipal and district governments and be incorporated into the financial budget at the level:
1. Expenses for construction, maintenance and management of public civil air defense projects, commanding projects, artery evacuation and public connected channels of civil air defense projects;
2. Expenses for construction, maintenance and management of civil air defense communications, alarm, and information facilities;
3. Grants for major civil air defense practices and training of professional teams;
4. Expenses for propaganda and education of civil air defense;
5. Other expenses provided by laws and regulations.
In the following circumstances, the expenses for civil air defense shall be borne by relevant units:
1. The construction unit shall bear expenses for construction of air defense basements by combining with civil buildings or costs for ex-situ construction, and expenses for fortification of underground engineering and underground space development projects in accordance with the requirements of civil air defense;
2. The using unit shall bear expenses for routine maintenance and management of civil air defense projects;
3. The construction organizing unit shall bear expenses for training and equipment of civil air defense professional teams;
4. Other expenses provided by laws and regulations.
The civil building as alleged in the Sub-paragraph 1 of the preceding paragraph refers to all non-productive buildings other than industrial production plant and supporting facilities.
Article 9 Projects of civil air defense construction are incorporated in national defense and social welfare project. Organizations and individuals are encouraged and supported to invest in construction of civil air defense projects as well as their appurtenant works and supporting facilities. Relevant departments shall, in accordance with appropriate provisions, adopt preferential policies with regard to construction, maintenance, management, development and utilization of civil air defense projects.
Appropriate awards shall be granted for construction unit that builds air defense basements exceeding the standard for expected building area.
The municipal government shall separately make specific preferential policies and award measures for civil air defense construction.
Article 10 The municipal competent department of civil air defense shall, jointly with related departments in accordance with State provisions, select the key protection targets which will be subject to management at municipal and district levels after determined on the military-political joint conference and publicized by the municipal government.
With regard to the key protection targets, the municipal and district governments shall, in accordance with divided responsibilities, prepare corresponding plans and implement supporting measures involved.
Key protection target units shall establish protection organizations, prepare protection plans, implement protection measures, and organize protection practices.
Article 11 The municipal and district governments shall make planning for civil air defense information construction and incorporate it into the municipal and district information construction overall planning, and shall, in accordance with State uniform standards, build civil air defense information system and information database. All departments involved shall share the information resources and be interconnected.
Finance, information, communication, education, research and other units shall incorporate key information base or database into the key protection targets for management and shall, in accordance with requirements of the municipal competent departments of civil air defense, launch hazard backup works.
Article 12 The governmental information management departments, broadcasting televisions and basic telecom operators and other units shall provide support and protection for the information construction of civil air defense on such aspects as technology, network, pipeline, channel, frequency spectrum, data and signal intelligence to achieve resource sharing.
Article 13 Requirements of relevant specifications for civil air defense shall be met with regard to construction of joint trench of underground pipelines for underground arteries, water supply and drainage, gas and power supply, telecommunications, and other underground project as well as underground space development and utilization projects.
Article 14 The municipal and district governments shall, in joint hand with the military organs at the corresponding level, organize preparation of air defense programs and implementation plans within the administrative area, which shall be implemented after approval by the governments and military organs of the higher level.
Article 15 Civil air defense works include the following projects:
1. Public civil air defense projects, command projects, evacuation of arteries, public connected channels of civil air defense projects, and other project;
2. Medical aid, professional team shelters, supporting projects and other special civil air defense projects built by combining with ground buildings or separately built by health, medicine, public security, urban management, construction, environmental protection, civil affairs, transportation, trade and industry, communications, electricity and other departments and units in accordance with the civil air defense construction plans;
3. Air defense basements and shelters voluntarily built by unit for its personnel and materials;
4. Underground projects and underground space development projects fortified in accordance with requirements of civil air defense.
Article 16 Construction units required to build civil construction works, underground projects and underground space development projects for civil air defense according to relevant regulations shall, before applying from the planning department for the construction project planning license, apply from the competent department of civil air defense for the approved report of civil air defense project construction.
In the event of failure in obtaining the approved document of civil air defense project construction, the planning department shall not grant the planning permit of construction engineering and the construction department shall not grant the permit of construction engineering.
Article 17 In light of construction projects within the fortified area as determined in the civil air defense engineering construction planning, standards for civil air defense engineering construction as determined in the planning shall be implemented. Other construction projects shall be based on the following standards to build air defense basements or air defense projects conforming to requirements of civil air defense specifications.
1. For newly-built civil buildings higher than ten floors or that lower than nine floors with its foundation burial depth greater than three meters, it shall not be less than the building area of the first floor on the ground;
2. For newly-built civil buildings lower than nine floors with foundation burial depth less than three meters, it shall not be less than five percent of the overall floorage above the ground;
3. For underground space development projects with building area greater than eight hundred square meters, it shall not be less than fifty percent of the underground overall floorage;
Joint trenches of such underground transportation arteries as subways and tunnels, and underground pipelines for water supply and drainage, power and gas supply, and telecommunications shall, in accordance with civil air defense specifications, be fortified along their full length.
Civil air defense projects with conditions shall be connected with adjacent civil air defense channels.
Article 18 In accordance with provisions as prescribed in Sub-paragraphs 1 and 2 of Paragraph 1 of Article 17 of the Measures, air defense basements shall be built, in the event of infeasibility of simultaneous construction with ground buildings or underground buildings under the following circumstances, the construction unit shall apply for ex-situ construction from the competent department of civil air defense;
1. Burial depth of the top surface of pile foundation bearing platform is less than three meters or lower than the clear height of the basement space as required;
2. The planed area of civil air defense project is less than the building area of the first floor of ground building and treatment of structure and foundation is difficult;
3. Projects built on quicksand or underground river, or where the rock burial depth is less than three meters and construction is unsuitable due to geological conditions;
4. Construction of air defense basements is unfeasible or construction safety is hard to be ensured due to intensive housing or underground pipelines in the construction section.
Article 19 The municipal competent department of civil air defense shall, within ten working days after receiving the ex-situ construction application, decide whether or not it shall be approved.
Ex-site construction shall not be approved in the event of nonconforming to circumstances as provided in Article 18 of the Measures.
Article 20 After the ex-site construction application is approved by the municipal competent department of civil air defense, the construction unit shall, before acquiring the planning permit of construction engineering, pay ex-situ construction costs in accordance with the provisions and fully turn over to the account designated by the municipal finance department.
The municipal competent department of civil air defense shall, in accordance with national and relevant provisions of Guangdong Province, propose appropriate programs for specific standards of ex-site construction costs and implement them after submittal for review by the finance and price departments and approval by the municipal government.
Article 21 Ex-situ construction costs shall be used for uniform adjacent construction of public civil air defense projects and shall not be diverted for other purposes.
The municipal finance department and competent department of civil air defense shall publicize collection and usage of ex-situ construction costs as well as the ex-situ construction situation to the public on a regular basis.
Specific measures for collection, use and management of ex-situ construction costs shall be formulated separately by the municipal government.
Article 22 Ex-situ construction costs may be reduced or exempted for the following projects meeting ex-situ construction conditions and approved by the municipal competent department of civil air defense:
1. Charges shall be halved for newly-built kindergartens, school buildings, nursing homes, life service facilities for the disabled, and other civil buildings;
2. Charges shall be exempted for projects of temporary civil buildings and area-non-increasing commercial residential buildings renovated from dangerous buildings;
3. Charges shall be exempted for civil buildings repaired according to the original area after damaged by floods, fire or other irresistible disasters.
Article 23 With regard to civil air defense projects which need ex-situ construction, the competent department of civil air defense shall, in uniform accordance with the special planning or plan for municipal civil air defense engineering construction and management procedures relating to government-invested infrastructure projects, launch ex-situ construction.
Article 24 The design, bidding, construction, supervision, completion acceptance, etc. of civil air defense command works shall conform to relevant State provisions on confidentiality.
Article 25 In light of production and installation of civil air defense engineering protective equipments, designated enterprises affirmation and qualification system shall be implemented in accordance with regulations of the state. Production and installation of protective equipments by non-designated enterprises is prohibited.
Designated enterprises shall organize production and installation in accordance with drawings and standards approved by relevant national authorities, with use of protective equipments not identified by relevant national authorities or produced by non-designated enterprises being prohibited in civil air defense works.
Article 26 Civil air defense projects shall be designed by design units with civil air defense engineering design qualifications in accordance with standards and requirements regulated by the state.
The system of reviewing construction drawing design documents shall be implemented for civil air defense projects. Construction drawings review organizations shall, in accordance with tactical and technical requirements for civil air defense as well as related design specifications, launch review and release opinions for special review of civil air defense.
Article 27 The quality supervision system shall be implemented for civil air defense projects. The municipal and district competent departments of civil air defense may legally entrust construction engineering quality supervision agencies to supervise the quality in the construction process of civil air defense engineering construction. The construction engineering quality supervision agencies shall submit to the competent department of civil air defense the special quality supervision report of civil air defense projects.
Article 28 The completion acceptance system shall be implemented for civil air defense projects. Upon the completion of civil air defense command projects and public civil air defense projects, the competent departments of civil air defense shall organize completion acceptance in accordance with relevant regulations of the state.
Upon the completion of other civil air defense projects, the construction unit shall, organizing construction completion acceptance at the same time, apply from the competent departments of civil air defense for special acceptance. With regard to air defense projects for both peacetime and wartime needs, peacetime conversion program shall be developed as required, with equipments and components prepared, and shall be subject to simultaneous acceptance with the projects. In case the special acceptance of civil air defense is not carried out or unqualified, the construction competent departments shall not process the filing procedures of construction project acceptance.
Article 29 The construction unit shall, in the course of construction of civil air defense projects, establish files of projects of civil air defense, incorporate them into construction project files and turn over to the file management departments in applying for the completion acceptance.
Article 30 The competent departments of civil air defense shall, as required, designate the area within ten meters of the enclosing structure of civil air defense works as the security protection range and notify the municipal planning departments. The protection area may be appropriately expanded at sections with soft soil, sand, cave, high moisture content and other special geological conditions.
With regard to the laying of various pipelines and construction of ground engineering facilities within the security protection range of civil air defense command projects and public air defense projects as well as facilities, the construction unit shall seek the views of the competent departments of civil air defense.
Article 31 The competent departments of civil air defense shall supervise, inspect and guide the utilization and maintenance management of civil air defense projects, and shall, in case of inconformity with specifications of civil air defense and requirements for development and utilization, order the using or management unit for rectification within a specified time period; the competent departments of civil air defense shall hinder behaviors that may cause security risks for civil air defense projects.
Article 32 Civil air defense projects invested by the governments and built by using ex-situ construction funds shall be used, managed and maintained by the competent departments of civil air defense, with their proceeds being fully turned over to the accounted designated by the finance department for exclusive use in civil air defense construction.
Civil air defense projects built with social investment shall be maintained and managed by the using or management unit in peacetime; in wartime or unexpected emergencies, the competent departments of civil air defense is entitled to management and allocation.
Article 33 The registration system of civil air defense projects and facilities shall be implemented. The municipal and district competent departments of civil air defense shall be subject to uniform and categorized registration of civil air defense projects and facilities within the area under their jurisdiction, and the using or management unit of civil air defense projects shall provide cooperation. Changes of the using or management unit shall be recorded in the local competent department of civil air defense.
The using or management unit shall set rating plates at prominent positions of civil air defense projects, reading the name and other information of the using or management unit; in case of changes in the using or management unit and other information, contents on the rating plates shall be promptly updated.
The using or management unit shall fulfill responsibilities in routine maintenance and management of civil air defense to ensure the performance of civil air defense projects at peacetime. Safety risks detected shall be subject to prompt treatment and report to the competent departments of civil air defense.
Article 34 No unit or individual may dismantle or partially dismantle civil air defense projects without approval; where it is truly necessary to dismantle such works, compensation programs and measures shall be proposed and approved by the competent departments of civil air defense before implementation.
Article 35 Civil air defense projects and facilities shall, without affecting the performance of air defense, be developed and utilized in a reasonable manner.
The municipal and district governments shall play the roles of civil air defense projects and facilities in disaster prevention, disaster relief, counter-terrorism, and treatment of emergencies. In case the existing air defense resources can meet needs of disaster prevention and relief, the municipal and district governments shall not invest to build other new projects of same or similar functions.
The municipal competent departments of civil air defense shall strengthen the supervision and management of existing civil air defense projects to ensure the performance of civil air defense projects at peacetime, and organize transformation and perfection in case of nonconforming to relevant regulations.
Article 36 Telecommunication regulatory authorities and operating organizations, radio management organizations, radio and television signal transmission units within the municipal administrative area shall guarantee the communications channel and radio frequencies for civil air defense.
Article 37 On September 7 of each year, the municipal and district governments shall organize trial air defense warning. In case the time of trial changed, implementation shall be after submittal for approval by the municipal competent department of civil air defense.
The city's major media shall publish the trial air defense warning announcement five days before the trial. Televisions and broadcasting shall, in the course of trial, inter cut the dynamic information of the siren; at wartime, the priority shall be given to delivery and release of air-raid alarm signals.
Article 38 When the competent departments of civil air defense need to occupy the related unit or individual-owned buildings and appurtenances, or connect to power and telephone in mounting air defense communications and warning facilities, the unit and individual involved shall provide cooperation and shall not refuse and obstruct.
Article 39 The civil air defense professional teams shall be formed and expanded at the proportion as determined in the air defense programs.
The following units shall, under the guidance of the municipal and district competent departments of civil air defense, prepare programs for formation of civil air defense professional teams and organize their implementation after submittal for approval by the government at the corresponding level:
1. The departments and units for construction, transportation, city management, water, power and gas supply shall organize teams to deal with emergencies and do rush repairs of public facilities and other tasks;
2. Public health and medical departments shall organize medical aid teams to undertake medical aid, disease prevention and control, and other tasks;
3. Public security departments shall organize fire-fighting teams and public security teams to undertake public security, traffic management, fire fighting and rescue, and other missions;
4. Traffic, transportation and other departments and units shall establish transport team to undertake transportation of personnel and materials and other tasks;
5. Environmental protection, health, safety supervision, public security, nuclear power and other departments and units shall establish chemical defense and epidemic prevention teams to undertake monitoring, surveillance, testing, disinfection, decontamination of attacks by nuclear, chemical and biological weapons and other tasks;
6. The competent departments of communications shall coordinate all basic telecom companies to establish communication teams to undertake communication assurance and other tasks.
The municipal government shall, based on needs, coordinate and organize relevant units to establish new civil air defense professional teams to undertake personnel search and rescue, peacetime conversion, information and network protection, camouflage, barrier setting, and other tasks.
Equipments, facilities and expenses necessary for civil air defense professional teams shall be provided by the unit that organizes them; special equipments for exclusive purpose and training equipments shall be provided by the municipal and district competent departments of civil air defense.
Article 40 Professional teams of civil air defense shall be trained and managed at peacetime by the unit responsible for construction and shall be subject to business guidance by the competent departments of civil air defense and related departments of military organs. The construction unit shall define specialized agencies and persons in charge to be responsible for training and management of professional teams of civil air defense.
The competent departments and construction units of civil air defense may, based on needs, organize short-term full-time training or exercises, while the construction unit shall provide appropriate conditions for training and exercises and execution of tasks and ensure the wages, bonuses, benefits and other benefits of participants during full-time training and exercises are the same as those when they are on duty.
Article 41 The competent departments of civil air defense shall supervise and inspect the establishment and training of civil air defense professional teams and may organize individual or combined exercises.
The civil air defense professional teams are incorporated into the emergency rescue system at peacetime and undertake rescue and relief missions, and shall undertake the task of civil air defense at wartime and be subject to uniform command of the municipal civil air defense command organizations.
Article 42 Volunteers are encouraged, in the event of war, terrorist attacks, major natural disasters and other emergencies, to cooperate with the civil air defense professional teams in emergency relief, order maintenance and post-disaster recovery and reconstruction works.
Article 43 Education of civil air defense shall adhere to the principle of integrated defense education with law popularization education, disaster prevention and disaster relief education.
The municipal and district governments shall launch publicity and education of civil air defense and counter-terrorism, disaster prevention and relief, and incorporate it in the national defense education programs and law popularization education programs.
Article 44 The competent departments of civil air defense shall, jointly with related competent departments, prepare the specific plans of air defense education and organize their enforcement, train the teaching staff to address special education equipments and teaching aids, popularize education of civil air defense and disaster prevention knowledge, establish and improve the bases for education and training of civil air defense and counter-terrorism.
Article 45 Education of civil air defense, counter-terrorism, disaster prevention and rescue knowledge shall be implemented respectively by the following units:
1. The competent departments of education shall be responsible for students in the school;
2. Municipal and district competent departments of civil servants shall be responsible for civil servants in state organs;
3. Social organizations and enterprise personnel shall be attended by the units to which they are affiliated;
4. Sub-district administrative offices shall be responsible for other personnel.
Article 46 The municipal and district governments shall organize relevant departments to formulate the resident evacuation and shelter programs and define the personnel, assembly areas, action routes and sites of evacuation and shelter.
The competent departments of civil air defense shall prepare programs for evacuation and shelter drills, guide and supervise relevant departments in organizing of their implementation after approval by the government at the corresponding level. One comprehensive drill shall be organized each two years as a minimum requirement.
Article 47 With regard to construction projects newly built by the construction unit, in case the civil air defense works are not built as required or the standard of building area is not reached, the competent departments of civil air defense shall give warnings and order of supplementary construction within a specified time period or paying ex-situ construction costs in accordance with the standard of upward-floating fifty percent, and fines shall be imposed in accordance with provisions as below:
1. A fine greater than RMB ten thousand but less than RMB thirty thousand shall be imposed for the area to be built yet not built of less than five hundred square meters;
2. A fine greater than RMB thirty thousand but less than RMB fifty thousand shall be imposed for the area to be built yet not built of greater than five hundred square meters but less than one thousand square meters;
3. A fine greater than RMB fifty thousand but less than RMB a hundred thousand shall be imposed for the area to be built yet not built of greater than one thousand square meters;
For construction units failed to supplement the construction within a specified time period or pay ex-situ construction costs in accordance with the standard of upward-floating fifty percent, the planning departments shall not approve and issue the permit of planning and acceptance of construction projects.
Article 48 In case of violation against relevant regulations of the state for management of civil air defense projects design qualifications by undertaking civil air defense engineering design, the competent departments of civil air defense shall report to the design qualifications management departments the situations and suggest departments concerned for legal punishment.
Article 49 In case construction of civil air defense projects is not in line with the approved design documents or the buildings are put into use without acceptance for qualification by the competent departments of civil air defense, competent departments of civil air defense shall order the construction unit for rectification within a specified time period and impose a fine of RMB fifty thousand for those refuse to correct; With regard to relevant responsible design, construction and supervision units, the competent departments of civil air defense shall suggest the competent departments of planning and construction to give legal punishment.
The competent departments of civil air defense shall, in finding violation of construction units against provisions of construction project quality management laws and regulations, promptly report to the construction competent departments which shall order for correction within a specified time period and give legal punishment.
Article 50 In case any of the following behaviors endangers safety and performance of civil air defense projects, the competent departments of civil air defense shall give warnings to the party involved, order to rectification within a specified time period and impose a fine of greater than RMB one thousand but less than RMB three thousand on an individual or a fine of greater than RMB ten thousand but less than RMB thirty thousand on the unit; In the event of damages caused, the responsible person or unit shall be responsible for recovery or reconstruction and make compensations for damages according to law:
1. Barriers set or objects stacked at the entrance and exit of civil air defense projects or within their security range;
2. Poor maintenance and management of civil air defense projects;
3. Other behaviors endangering the safety and performance of civil air defense projects.
Article 51 In the event of any of the following behaviors, the competent departments of civil air defense shall give warnings to the party involved, order to rectification within a specified time period and impose a fine of greater than RMB three thousand but less than RMB five thousand on an individual or a fine of greater than RMB twenty thousand but less than fifty thousand on the unit; in the event of damages caused, the responsible person or unit shall be responsible for recovery or reconstruction and make compensations for damages according to law; in case a crime is constituted, criminal responsibility shall be investigated according to the law:
1. Occupation of civil air defense projects and special supporting projects;
2. Unauthorized change and dismantle of civil air defense projects;
3. Production and storage of any explosives, hyper toxics, inflammables, radioactive substances and other hazardous items in civil air defense projects;
4. Occupation of special frequencies for civil air defense communications or unauthorized dismantle and damages of civil air defense communication and alarm facilities;
5. Quarrying, earth borrowing, blasting, cave digging, trenching and other operations within the security range of civil air defense projects without approval by relevant departments that endanger the safety and effective use of civil air defense projects;
6. Other behaviors seriously endangering the safety and effective use of civil air defense projects.
Article 52 In the event of any of the following circumstances in the competent department of civil air defense and other relevant administrative departments and their staff, the competent departments of civil air defense or supervisory organs shall give administrative sanctions to person mainly or directly in charge; In case a crime is constituted, criminal responsibility shall be investigated according to the law:
1. Violation against provisions by approving exemption from construction of air defense basements;
2. Violation against provisions by approving reduction of the planned area of air defense basements or approving exemption from or reduction of ex-situ construction costs of civil air defense projects;
3. No construction or failure of ex-situ construction of civil air defense projects as required without reasonable reasons;
4. Withholding or misappropriation of civil air defense funds;
5. Concealing of potential safety risks in civil air defense projects;
6. Approval and issuance of planning permit of construction engineering or construction permit without the approved construction documents of civil air defense projects;
7. Processing filing procedures of construction project completion acceptance without special acceptance for qualification of the civil air defense projects;
8. Approval and issuance permit of construction project planning acceptance without supplementing the construction of civil air defense engineering or paying ex-situ construction costs;
9. Failure of punishment or investigation of behaviors violating laws and regulations of civil air defense.
Article 53 With regard to specific implementation measures to be separately promulgated by the municipal government as provided by the Measures, the municipal government shall prepare them within six months from the date of implementation of the Measures.
Article 54 In the light of fine punishment as provided in the Measures, the municipal competent department shall prepare specific punishment measures which shall be implemented simultaneously with the Measures.
Article 55 These Measures shall come into force on August 1, 2009.
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