284 Regulations of the Shenzhen Special Economic Zone on the Energy Saving for Buildings[深圳经济特区建筑节能条例(2006)]

Public Notice of the Standing Committee of the Fourth Shenzhen Municipal People’s Congress 

No. 23 

       Regulations of the Shenzhen Special Economic Zone on the Energy Saving for Buildings was adopted at the Seventh Meeting of the Standing Committee of the Fourth Shenzhen Municipal People’s Congress on July 26, 2006, is promulgated now, and shall be put into force from November 1, 2006. 

The Standing Committee of the Shenzhen Municipal People’s Congress 

August 8, 2006 

Regulations of the Shenzhen Special Economic Zone on the Energy Saving for Buildings 

(Adopted at the Seventh Meeting of the Standing Committee of the Fourth Shenzhen Municipal People’s Congress on July 26, 2006) 

Chapter I General Provisions 

       Article 1 In order to strengthen the administration of the energy saving for buildings in the Shenzhen Special Economic Zone (hereinafter referred to as the Special Zone), increase the efficiency of energy utilization, and promote the development of the circular economy as well as the construction of a conservation-oriented society, these regulations are hereby formulated in accordance with the basic principles of the related laws, regulations, and in light of the practical conditions of the Special Zone. 

       Article 2 These regulations shall apply to the energy saving for civil buildings in the Special Zone and the related activities of administration. 

       The energy saving referred to in these regulation shall mean the activities to adopt effective measures for reducing energy consumption and increasing the efficiency of energy utilization in the process of construction, transformation, and use of civil buildings according to the requirements of the related laws, regulations, standards and technical specifications while the prerequisite is to guarantee the use functions and indoor environmental quality of buildings.  

       Article 3 The energy saving for buildings shall follow the principle of saving resources, suiting measures to particular conditions, adopting sophisticated technology, practicing economy and rationality, ensuring safety and reliability, and protecting the environment. 

       Article 4 The research and development of products in the energy-saving technology for buildings shall be encouraged, the building structure, materials, energy using system, construction technology, and management skills which save energy shall be disseminated and applied, the development and utilization of regeneratable energy shall be promoted, and green buildings shall be developed. 

       The construction project with government investment shall be a role model of energy saving. 

       Article 5 The municipal, district governments shall strengthen the propagation and education on energy saving for buildings, raise the consciousness of the residents of this city on energy saving for buildings, commend and reward the units and individuals who have remarkable achievements in energy saving for buildings. 

       Article 6 The related trade associations, intermediary service agencies shall be encouraged to provide professional services such as consultation, inspection and test, assessment, etc.; the development of a public platform for the technology of energy saving for buildings shall be supported. 

       Article 7 The administrative department of the municipal government in charge of construction (hereinafter referred to as the municipal responsible department) shall be responsible for the unified supervision and administration of energy saving for buildings. 

       The administrative departments of district governments (hereinafter referred to as district responsible department) shall be responsible for the supervision and administration of energy saving for buildings in the areas under their respective jurisdictions according to division of duties. 

       The other related departments of the municipal, district governments shall be responsible for the related administration of energy saving for buildings within the scope of their respective duties according to law. 

Chapter II General Rules 

       Article 8 The municipal responsible government shall organize making a energy saving plan according to the mid- and long-term plan of the development of the circular economy of this city, and put it into implementation after approval by the municipal government. 

       The energy saving plan shall put forward working goals, specific arrangements, guaranteeing measures to cope with the energy saving requirements of new buildings, the energy-saving transformation of existing buildings, the development and utilization of regeneratable energy in buildings, the operation and administration of the energy-using system of buildings, etc. 

       Article 9 The municipal responsible department shall strengthen the standardization of energy saving for buildings, promote the implementation of the standards of energy saving. If there are national standards or industrial standards, the technical specifications which are stricter than the national or industrial standards may be worked out; if there are no such standards, technical specifications may be worked out. 

       When working on the technical specifications of energy saving for buildings, the municipal responsible department shall, through many channels, listen to the related enterprises, trade associations, intermediary service agencies, scientific research institutions, and the public to the fullest extent. 

       The technical specifications of energy saving for buildings worked out by the municipal responsible department shall, according to the relate rules, be submitted to the municipal department in charge of standardization to be released for implementation. 

       Article 10 When working on the detailed blueprints of city planning, determining the distribution, shape, and direction of buildings, the municipal department of planning shall fully consider the requirements of energy saving for buildings. 

       Article 11 The municipal responsible department shall, in accordance with the needs of energy saving for buildings, publish catalogs of technology, technique, equipments, materials, products which should be spread, restricted or prohibited. 

       Construction units, designing units, constructing units shall not use the technology, technique, equipments, materials, and products which are listed in the catalog of items to be prohibited. 

       Preconditioned by following the principle of economy and rationality, the construction projects with government investment shall give priority to using the technology, technique, equipments, materials, and products which are listed in the catalog of items to be spread. 

       Article 12 The technology, technique, equipments, materials, and products used in surrounding protective structures and energy-using systems of buildings shall meet the compulsory standards and technical specifications of energy saving for buildings. 

       If the new technology, new technique, new equipments, new materials, and new products to save energy for buildings not covered by the standards and technical specifications are used in surrounding protective structures and energy-using systems, construction units or constructing units shall apply to the municipal responsible department for assessment. The municipal responsible department shall organize experts to complete the assessment within 20 business days from the date of receiving an application; if it is a complicated case, the completion may be delayed for 10 business days, and an explanation shall be made to the applicant. If an application has not been filed for assessment or the assessment has not been passed, these technology, technique, equipments, materials, and products shall not be used for energy saving. 

       Article 13 Encouragement shall be given to making building roofs as green belts by planting trees, flowers, and grass. Specific measures shall be worked out by the municipal government separately. 

       Article 14 The system to mark the energy-efficiency of buildings shall be put into practice. The municipal responsible department shall organize the related trade associations and intermediary service agencies to grade the efficiency of the energy utilization of buildings on voluntary application from construction units or building owners. Specific measures shall be worked out by the municipal responsible department separately. 

       Article 15 In order to support the activities to save energy for buildings, the municipal government shall set up a special fund for the development of energy saving for buildings. 

       Article 16 The special fund for the development of energy saving for buildings shall come from the following sources: 

(1)   the appropriations from public finance; 

(2)   the special fund for new types of wall system; 

(3)   the surcharge for the extra consumption of electricity referred to in Article 30 of these regulations; 

(4)   the other sources such as donations from the society. 

The measures to manage and use the special fund shall be worked out by the 

municipal government separately. 

Chapter III Construction and Transformation 

       Article 17 The report of feasibility study or the document of designing task of a construction project shall clearly stipulate the requirements for energy saving for buildings. 

       If the report of feasibility study of a construction project with government investment does not meet the requirements for energy saving, the related departments shall not give their approval to this project. 

       Article 18 The document to invite bids for designing or the contract to entrust with the design of a construction project shall clearly stipulate the requirements for energy saving for buildings and the names of the related standards and technical specifications. 

       When entrusting a unit of engineering supervision with the task of engineering supervision, a construction unit shall incorporated the requirements for energy saving for buildings into the contract of supervision. 

       Any construction unit shall not ask the units of designing, constructing, supervising, inspecting and testing, etc. to violate the compulsory standards and technical specifications of energy saving for buildings. 

       Article 19 Designing units shall design energy saving according to the laws, regulations, compulsory standards, technical specifications concerning energy saving for buildings. A design plan shall have a special explanation on the design of energy saving for buildings, a preliminary design and a design document of working drawings shall include the contents of the design of energy saving for buildings. 

       Article 20 The institutions to examine the design documents of working drawings shall examine the contents of the design of energy saving for buildings in the design documents of working drawings; if there is no examination or the examination finds that the compulsory standards and technical specifications are not satisfied, the certificate of passing the examination of the design documents of working drawings shall not be issued. 

       The responsible departments may make a random inspection of the design documents of working drawings which have passed the examination, in case of finding that the compulsory standards and technical specifications have not been satisfied, the permit for constructing shall not be issued. 

       Article 21 Constructing units shall do constructing according to the design requirements for energy saving for buildings and the constructing specifications of energy saving for buildings in their working drawings. 

       Article 22 When performing a contract of supervision, a unit of supervision shall supervise construction in terms of energy saving for buildings according to the laws, regulations, standards, technical specifications, and design documents concerning energy saving for buildings, and bear the corresponding responsibilities of supervision. 

       In case of using the technology, technique, equipments, materials, and products which are listed in the catalogue of items to be prohibited, a unit of supervision shall take measures to stop it; if stopping cannot be effective, it shall be reported to the office of engineering quality supervision or the responsible department. 

       Article 23 When a construction project is completed, the construction unit shall apply to the responsible department for a special examination and acceptance of energy saving for buildings 5 days ahead of organizing the examination and acceptance upon the completion of the project; the special examination and acceptance of energy saving for buildings and the examination and acceptance upon the completion of the project organized by the construction unit shall be conducted at the same time. 

       In case of passing the special examination and acceptance of energy saving for buildings, the responsible department shall issue a document of certification on passing the special examination and acceptance; in case of failing to pass the special examination and acceptance, the responsible department shall not go for a procedure to put on record the examination and acceptance upon the completion of the project. 

       Article 24 When selling houses, the units of real estate development shall introduce to purchasers in explicit terms the design of energy saving for buildings and the requirements for protection of the houses put on sale, and make them clear in instruction booklets. 

       Article 25 The municipal responsible department shall jointly with the related departments conduct statistical surveys, analyses, and assessments of the energy consumption of existing buildings, make a transformation plan of energy saving for existing buildings according to the energy saving plan for buildings, and put it into implementation after the municipal government’s approval. 

       Article 26 The priority of the transformation for energy saving for existing buildings shall be given to the transformation of public buildings, there shall be a combination of compulsory transformation and market guidance. 

       Article 27 Encouragement shall be given to the related trade associations to use the market mechanism and to push for multi-channel investment in the transformation of existing buildings for energy saving. The enterprises engaging in the transformation for energy saving for buildings may, through agreement, share the benefits resulting from the transformation for energy saving. 

       The related trade associations may organize an evaluation of enterprises’ capability to do the transformation for energy saving for buildings and promote the standardization of the transformation for energy saving for buildings. 

       Article 28 If existing buildings do not satisfy the current compulsory standards and technical specifications of energy saving for buildings, the transformation for energy saving shall be made at the same time when surrounding protective structures and energy-using systems are transformed. 

       Article 29 The municipal responsible department shall jointly with the municipal department in charge of energy work out the methods to make statistics on the energy consumption of buildings, and make classified statistics according to types, use functions, and scales of buildings, etc. 

       Building owners and realty management units shall provide the data of energy consumption of buildings as they really are. 

       Article 30 The municipal responsible department shall jointly with the municipal department in charge of energy work out the standard ration of electricity consumption for civil buildings according to the types, use functions, and scales of buildings. 

       If the electricity consumption exceeds the standard ration, the surcharge for extra consumption of electricity shall be levied. Specific measures shall be worked out by the municipal government separately. 

       Article 31 If the electricity consumption of a public building exceeds the standard ration by 50%, the municipal department in charge of energy shall order the owner of the building to rectify by a deadline; if the rectification has not been done after the deadline or the rectification has not satisfied the requirements, the compulsory transformation for energy saving shall be carried out. 

       Article 32 If a newly-constructed public building or an existing building which has completed the transformation for energy saving uses central air conditioning, each household shall have a meter for air conditioning and devices for room temperature control installed, and shall be charged according to the actual use of air conditioning.  

Chapter IV Application of Solar Energy and Other Regeneratable Energy 

      Article 33 The newly-constructed, reconstructed, extended public buildings which have central air conditioning systems, stable demands for hot water, and area of more than 10,000 square meters shall install recycling devices for air conditioning and waste heat; if these devices have not been installed, the special examination and acceptance of energy saving for buildings shall not be passed. 

       Article 34 For a newly-constructed residential building of less than 12 stories which has conditions for solar-energy heat collection, the construction unit shall provide the accessory hot water system of solar energy for all the households. 

       If a newly-constructed residential building of less than 12 stories has no conditions for solar-energy heat collection, the construction unit shall apply to the municipal responsible department for verification when filing a report to start construction; if the municipal responsible department has verified there is no condition for solar-energy heat collection, it shall be made public; without such verification, the building shall not be allowed to pass the special examination and acceptance of energy saving for buildings. 

       Article 35 It shall be encouraged for newly-constructed public buildings and residential buildings of more than 12 stories to have accessory hot water systems of solar energy installed; encouragement shall also be given to the technological research and model-project construction which apply other regeneratable energy in buildings. Specific measures shall be worked out by the municipal government separately. 

       Article 36 Construction units shall, in accordance with the related technical specifications, provide the necessary conditions for application of solar energy in both the design and construction of buildings. 

       With the precondition that there is no effect on the quality and safety of buildings, the households of existing buildings may install the solar-energy application systems which meet the product standards and technical specifications, except for parties concerned who have other agreements. 

       Article 37 If a construction project with government investment has conditions for application of solar energy and other rengeratable energy, priority shall be given to doing so. 

       Article 38 The responsible departments shall launch on propagation and training for application of solar energy and other regeneratable energy, promote the dissemination and application of solar energy and other regernatable energy. 

Chapter V Legal Liabilities 

       Article 39 If a construction unit, in violation of the second section of Article 11, the third section of Article 18 of these regulations, uses the technology, technique, equipments, materials, and products listed in the catalog of items to be prohibited or ask the units of designing, constructing, supervision, inspecting and testing, etc. to violate the compulsory standards and technical specifications of energy saving for buildings, the responsible department shall order correction by a deadline, and impose a fine of more than 50,000 but less than 200,000 RMB. 

       Article 40 If a construction unit, in violation of the first section of Article 23 of these regulations, puts a building into use when there has been no special examination and acceptance of energy saving for buildings or the examination and acceptance has not been passed, the responsible department shall order correction by a dead line, and impose a fine of more than 50,000 but less than 500,000 RMB. 

       Article 41 If a unit of designing, in violation of the second section of Article 11, Article 19 of these regulations, adopts in its design the technology, technique, equipments, materials, and products listed in the catalog of items to be prohibited, or fails to make a design of energy saving according to the laws, regulations, compulsory standards, and technical specifications concerning energy saving for buildings, the responsible department shall order correction by a deadline, and impose a fine of more than 50,000 but less than 200,000 RMB. 

       Article 42 If an institution to examine the design documents of working drawings, in violation of the first section of Article 20 of these regulations, fails to examine the contents of energy saving in the design document of working drawings or issues the certificate of passing the examination of design documents of working drawings after it is found in the examination that the document does not satisfy the compulsory standards and technical specifications of energy saving for buildings, the responsible department shall order correction by a deadline, and impose a fine of more than 10,000 but less than 100,000 RMB. 

       Article 43 If a constructing unit, in violation of the second section of Article 11, Article 21 of these regulations, uses the technology, technique, equipments, materials, and products listed in the catalog of items to be prohibited, or fails to do constructing according to the design requirements and constructing specifications of energy saving for buildings, the responsible department shall order correction by a deadline, and impose a fine of more than 50,000 but less than 200,000 RMB. 

      Article 44 If a unit of supervision, in violation of Article 22 of these regulations, fails to execute the duties of supervision, the responsible department shall impose a fine of more than 5,000 but less than 50,000 RMB. 

       Article 45 If a unit of real estate development, in violation of Article 24 of these regulations, fails to make an explicit introduction of the related information on energy saving for buildings as it really is when selling houses, the department in charge of real estate shall order correction by a deadline, and impose a fine of more than 50,000 but less than 200,000 RMB. 

       Article 46 If a building owner or a realty management unit, in violation of the second section of Article 29 of these regulations, fails to provide the data of energy consumption of the building as they really are, the responsible department shall order correction by a deadline; if the correction is rejected, a fine of more than 2,000 but less than 20,000 RMB shall be imposed. 

       Article 47 If a building owner or a realty management unit, in violation of Article 32 of these regulations, fails to put into implementation charging each household according to metered use of air conditioning in a newly-constructed public building with central air conditioning or an existing building with central air conditioning which has completed the transformation for energy saving, the responsible department shall order correction by a deadline, and impose a fine of more than 10,000 but less than 50,000 RMB. 

       Article 48 If units of construction, designing, constructing, supervision, examining working drawings, etc. violate these regulations, the related responsible departments may make public their illegal acts as bad record. 

       Article 49 When a fine is imposed on a unit according to these regulations, a fine of 10% of the fine imposed on the unit shall be imposed respectively on the directly responsible person in charge of the unit and other directly responsible persons of the unit. 

Chapter VI Supplementary Provisions 

       Article 50 The following terms referred to in these regulations shall mean as follows: 

(1)   the civil buildings include residential buildings and public buildings, the scope of which shall follow the national standards; 

(2)   the existing buildings shall mean the buildings which have already passed the examination and acceptance upon the completion of a project before these regulations are put into force. 

Article 51 If these regulations prescribe that specific measures should be worked 

out separately by the municipal government or the municipal responsible department, the municipal government or the municipal responsible department shall do so within 18 months from the date when these regulations are put into force. 

       Article 52 In regard to the fines prescribed by these regulations as punishments, the related departments of the municipal government shall formulate specific standards for implementation. The specific standards for implementation and these regulations shall be put into force at the same time; if it is necessary to make a revision, the formulating office shall revise them promptly. 

       Article 53 If the buildings which pass the examination and acceptance upon the completion of a project after these regulations have been put into force need the transformation for energy saving because their consumption of energy exceeds the prescribed standards as a result of the factors such as their useful lives, functional changes, etc., the related stipulations of these regulations on the transformation of existing buildings for energy saving shall be applicable. 

       Article 54 The energy saving for the industrial buildings using central air conditioning systems shall be carried out by referring to the related stipulations of these regulations.