Chapter IGeneral Provisions
Article 1In order to prevent and control natural disasters, establish a scientific and efficient system for preventing and controlling natural disasters, improve the ability to prevent and control natural disasters, reduce the risks of natural disasters, mitigate the damage caused by natural disasters and protect the safety of people's lives and property, these Regulations are formulated in accordance with the basic principles of relevant laws and administrative regulations and in light of the actual situations of Shenzhen Special Economic Zone.
Article 2These Regulations shall apply to the prevention and control of natural disasters within Shenzhen Special Economic Zone.
The term prevention and control of natural disastersas mentioned in these Regulations refers to the planning on prevention and control, risk administration, emergency preparedness, monitoring and early warning, emergency response, post-disaster recovery and related administration activities for flood and drought disasters, meteorological disasters, earthquake disasters, geological disasters, marine disasters, forest fires and other natural disasters.
The standards for classifying natural disasters shall be implemented in accordance with the relevant provisions of the State.
Article 3The prevention and control of natural disasters shall be carried out by insisting on putting people first, putting life first, insisting on putting prevention first and combining the prevention, resistance and relief, insisting on integrating normal disaster reduction with abnormal disaster relief, insisting on the leadership of the Party committees, the domination of governments, the extensive participation of social forces and market mechanism, strengthening comprehensive disaster reduction and coordinate responses to various natural disasters.
Article 4The municipal and district people’s governments shall be responsible for the prevention and control of natural disasters in the jurisdictions, incorporate the prevention and control of natural disasters into the economic and social development planning at the corresponding levels, establish and improve the mechanisms for the prevention and control of natural disasters, raise the level of information technology for the prevention and control of natural disasters, and incorporate the funds required for the prevention and control of natural disasters into the financial budget at the corresponding levels.
The systems for the prevention and control of natural disasters at the municipality, district and sub-district levels, which implement an administration system featuring unified command, hierarchical responsibility and territorial administration, shall be established.
Article 5 The municipal and district people's governments shall establish and improve comprehensive coordination mechanisms for the prevention and control of natural disasters, and set up comprehensive coordination agencies for the prevention and control of natural disasters. The comprehensive coordination agency for the prevention and control of natural disasters shall be responsible for studying and deploying, overall planning and guidance, comprehensive coordination, organization, supervision and inspection of the prevention and control of natural disasters in the jurisdictions, timely coordinating and solving major problems, and guiding relevant departments and units to accomplish the prevention and control of natural disasters.
The daily work of the comprehensive coordination agency for the prevention and control of natural disasters shall be undertaken by the emergency management department at the corresponding levels.
Article 6 The municipal and district people's governments shall set up special emergency command agencies for the prevention of flood, drought and wind, meteorological disasters, earthquake relief, geological disasters, forest fire prevention and extinguishment, maritime search and rescue, and shall be responsible for organizing, directing and coordinating the rescue and relief in response to disasters under the leadership of the comprehensive coordination agencies for the prevention and control of natural disasters at the corresponding levels.
In the case that multi-disaster command and coordination work is involved, a special emergency command agency shall be designated by the comprehensive coordination agencies for the prevention and control of natural disasters to take charge of the emergency command work.
Article 7 The emergency management departments shall be responsible for the overall coordination of natural disaster response and comprehensive disaster prevention, mitigation and relief in the jurisdictions.
The relevant departments of development and reform, education, industry and information technology, public security, civil affairs, finance, urban planning and natural resources, ecology and environment, housing and construction, transport, water affairs, culture, media, tourism and sports, public hygiene and health, urban administration and law enforcement, meteorology, maritime affairs, communications administration, and units of radio and television, subway, electric power, public transportation, gas and others, in accordance with the respective duties, shall undertake work related to the prevention and control of natural disasters.
Article 8 Sub-district offices shall undertake the following duties for the prevention and control of natural disasters:
(1) Clarifying the organization and personnel for the prevention and control of natural disasters, and improving the grid administration mechanism for the prevention and control of natural disasters;
(2) Carrying out the prevention and control of natural disasters in accordance with law, formulating specific contingency plans, and carrying out disaster prevention, mitigation and relief publicity and emergency drills;
(3) Establishing and organizing the implementation of the transfer and resettlement mechanism for disaster victims;
(4) Taking charge of the preliminary disposal of natural disasters and primary-level mobilization, assisting emergency rescue teams to carry out natural disaster relief;
(5) Guiding communities in disaster prevention, mitigation and relief training, emergency drills, disaster statistics and reports, and incorporating relevant funds into the budget;
(6) Other duties for the prevention and control of natural disasters prescribed by laws and regulations and the tasks of the prevention and control of natural disasters assigned by the people's governments at higher levels.
Primary-level community organizations shall strengthen the construction of comprehensive disaster mitigation communities, carry out disaster prevention, mitigation and relief publicity and emergency drills, receive and convey information on forecasting, early warning, transfer and disaster avoidance, collect and report disasters and dangers, carry out self-rescue and mutual rescue, assist in maintaining social order, and assist in investigations of natural disaster risks and hidden dangers.
Article 9 The municipal and district people's governments shall establish and improve the administration system and mechanism of disaster information personnel, strengthen the construction of disaster information personnel teams at the city, district, sub-district and community levels, and provide working conditions and guarantees for disaster information personnel to carry out the work.
The disaster information personnel is responsible for the collection, transmission, collation, analysis and evaluation of disaster information, and specifically undertakes the following duties:
(1) Reporting of disaster statistics, ledger administration, assessment and verification;
(2) Participating in the investigation of disaster hidden dangers, disaster monitoring and early warning, and reporting of danger information;
(3) Assisting in the emergency transfer, resettlement and emergency living assistance of the disaster victims;
(4) Other duties prescribed by laws and regulations.
Article 10The municipal people's government shall promote the establishment of a joint mechanism for military and local response to natural disasters with the troops and the armed police forces stationed in Shenzhen. The relevant departments of the municipal and district people's governments shall provide timely natural disaster early warning information to the troops and the armed police forces stationed in Shenzhen.
The joint mechanism for military and local response to natural disasters shall be formulated separately by the municipal people's government in conjunction with the troops and the armed police forces stationed in Shenzhen.
Article 11 Social forces shall be encouraged and supported to cooperate with and orderly participate in the prevention and control of natural disasterssuch as normal disaster mitigation, emergency response and post-disaster recovery. Legal persons and unincorporated organizations shall be encouraged and supported to set up voluntary service teams to carry out voluntary services for the prevention and control of natural disasters. The mechanism for the participation of social forces shall be improved. The platform for overall planning and coordinating the participation of social forces in disaster prevention, mitigation and relief shall be established. The establishment of disaster relief foundations and other public welfare social organizations shall be guided and encouraged.
Article 12 The municipal and district people's governments and the relevant departments shall organize and carry out publicity, education and knowledge popularization for the prevention and control of natural disasters, strengthen the construction of bases, venues and online education platforms for the prevention and control of natural disasters, enhance the public's awareness of disaster prevention and mitigation, and improve the public's ability of disaster prevention and avoidance, self-rescue and mutual rescue in a scientific way.
Legal persons and unincorporated organizations shall, in accordance with law, carry out various forms of knowledge education activities on the prevention and control of natural disasters.
Newspapers and periodicals, radio, television, communication operations, network media and other units shall carry out public welfare publicity the prevention and control of natural disasters, escape and risk avoidance, self-rescue and mutual rescue.
Article 13 The municipal people's government shall, in light of the risk situation of natural disasters, establish a catastrophe insurance system and improve the multi-level natural disaster insurance mechanism with financial support.
Banks, insurance companies, and other financial institutions shall be encouraged to carry out product and service innovation to provide financial services for the prevention and control of natural disasters.
Article 14 The municipal people's government shall promote the establishment of a coordination and information sharing mechanism for the prevention and control of natural disasters in the Guangdong-Hong Kong-Macao Greater Bay Area, strengthen regional cooperation in the prevention and control of natural disasters, enhance the coordination capacity and support capacity for coping with natural disasters, and jointly cope with trans-regional natural disasters.
Article 15 The municipal and district people's governments shall strengthen the innovative application of emerging technologies such as big data, cloud computing, Internet of Things, industrial Internet and artificial intelligence in the field of the prevention and control of natural disasters, and improve the level of scientific and technological disaster prevention, mitigation and relief.
Enterprises, colleges and universities, and scientific research institutions shall be encouraged and supported to participate in personnel training, scientific research, technological development, standard formulation, application of results and science popularization in the fields related to the prevention and control of natural disasters.
Article 16 The municipal and district people's governments shall, in accordance with relevant provisions, commend and reward the units and individuals that have made outstanding contributions to the prevention and control of natural disasters, and offer compensation and condolences to the casualties in disaster rescue and relief.
Chapter IIPlanning on Prevention and Control and Risk Administration
Article 17 The municipal and district comprehensive coordination agencies for the prevention and control of natural disasters shall work out overall plans for the prevention and control of natural disasters in the jurisdictions and shall organize implementation after submitting to the people's governments at the corresponding levels for approval. The relevant departments of the municipal and district people's governments shall organize the preparation of special plans for the prevention and control of natural disasters and shall organize implementation after submitting them to the people's governments at the corresponding levels for approval.
Urban planning and natural resources departments shall incorporate the content of space utilization in the plans of the prevention and control of natural disasters into territorial and spatial planning.
ntrol of natural disasters shall follow the principles of treating the source, addressing both symptoms and root causes, giving priority to prevention, combining prevention and control, and combining engineering measures with non-engineering measures.
Article 19 The plans for the prevention and control of natural disasters shall include the prediction of the current situation and development trend of natural disaster risks, the principles and objectives of prevention and control, key areas, prevention and control infrastructure and intelligent perception and other prevention and the construction of equipment, control measures and technologies.
Article 20 The municipal and district people's governments shall organize the departments of emergency management, urban planning and natural resources, water affairs, meteorology and other departments to carry out regular natural disaster risk surveys in the jurisdictions, and comprehensively obtain information on the causes, of victims, historical disasters and key hidden dangers of natural disasters.
The plans for the prevention and control of natural disasters shall be timely adjusted according to the situation of natural disaster risk surveys.
Article 21The municipal departments of emergency management, urban planning and natural resources, water affairs, meteorology and other departments shall carry out natural disaster risk assessment according to the results of the natural disaster risk surveys, clarify the duration, region and level of natural disaster risks in Shenzhen, designate key prevention and control periods, major risk points and key prevention and control units of various natural disaster risks and delimit important prevention and control areas in accordance with relevant laws and regulations.
Important areas for the prevention and control of natural disaster risks include flood control areas, areas prone to meteorological disasters, key areas for the prevention and control of geological disasters, key areas for the defense against marine disasters and forest fire prevention areas.
Article 22The district people's governments shall organize and carry out natural disaster risk assessment and management in the jurisdictions, formulate annual plans for the prevention and control of natural disasters, implement prevention and control responsibilities, clarify prevention and control objectives and tasks, monitor and defense measures, responsible units and responsible persons.
Sub-district offices shall, on the basis of the assessment results of natural disaster risks at the city or district level, make disaster risk maps in the jurisdictions, indicating the important prevention and control areas of natural disaster risks, types of disaster risks, risk points, risk levels, evacuation routes, fire fighting facilities, medical facilities, emergency shelters and settlement points, and make them available to the public. Sub-district offices shall set up warning signs in important natural disaster risk prevention and control areas, major risk points and key prevention and control units, indicating the types of natural disaster risks, the scope of impact and safe transfer routes, shelter places, responsible persons, disaster reporting telephone numbers and other information.
Article 23 The emergency management department shall, in conjunction with the government service data administration department, establish a database for the prevention and control of natural disasters in the jurisdiction, and the relevant departments shall, according to the data of natural disaster risk investigation and the results of risk assessment, enter the information of disasters, disaster victims, historical disasters, disaster mitigation capacity and key hidden dangers into the database in a timely manner.
Article 24The relevant departments of the municipal people's government may, in light of the characteristics of urban disasters, formulate local standards of Shenzhen that are stricter than the national standards, industry standards and local standards of Guangdong Province in the fields of windproof, earthquake-proof and lightning-proof for super high-rise buildings, flood prevention and drainage in flood-prone zones, and safety of construction equipment and facilities in important prevention and control areas of natural disaster risks, improve capability to prevent and combat disasters in key protection targets and densely populated areas, and promote the implementation of relevant standards.
Article 25The departments of emergency management, urban planning and natural resources, housing and construction, transport, water affairs, urban administration and law enforcement, meteorology and others shall, within the respective duties, plan and build various types of intelligent perception equipment for natural disasters, and establish and improve a network of observation stations and monitoring and early warning perception networks for natural disasters covering Shenzhen, and connect the perception data to the unified monitoring and early warning command platform of Shenzhen.
The departments of emergency management and government service data administration shall, together with relevant departments, strengthen intelligent transformation and smart facility planning and construction in watercourses, seawalls, reservoirs, slopes, municipal roads, high-rise buildings, long-span bridges, tunnels, forest areas and other places, and improve the smart perception system of urban natural disasters.
Article 26When planning major construction projects and major regional development projects, the municipal and district people's governments and relevant departments shall take into account the risk of natural disasters and the feasibility of prevention and control work, so as to avoid and mitigate the impact of natural disasters.
The project of new-built, reconstruction or extension shall meet the relevant standards and requirements for the prevention of natural disasters.
Article 27All relevant government departments and units shall fulfill the duties to improve the capacity to prevent and combat disasters in kindergartens, schools, elderly care and children's welfare institutions, hospitals, water supply, power supply, communications, transportation, all kinds of large building complexes, cultural, entertainment and tourism facilities, commercial centers, residential housing, municipal facilities, radio and television facilities, hazardous chemical storage and transportation facilities and other buildings and facilities.
Article 28Drainage facilities of the project of new-built, reconstruction or extension shall be coordinated with urban public drainage facilities, and the original drainage facilities shall not be damaged, blocked or relocated without authorization, and the original drainage capacity shall not be reduced.
The owner or contractor of construction shall not raise the ground elevationwithout authorization. If it is necessary to raise the ground elevation, the opinion of the water authority shall be sought, and the original drainage capacity shall not be reduced.
Article 29The responsible management unit of slopes and retaining walls, the property right unit or the actual user of the auxiliary or main project shall be the maintenance and management unit. During the construction of slopes and retaining walls, the owner of the construction shall be the maintenance and management unit. If the maintenance and management unit of slopes and retaining walls is unclear or cannot be determined for other reasons, the district people's government shall designate the maintenance and management unit.
The maintenance and management unit of slopes and retaining walls shall establish and implement regular inspection and maintenance systems, set up warning signs, strengthen daily management, and strengthen inspection during flood season.
The relevant departments of urban planning and natural resources, housing and construction, transportation, water affairs, urban management and law enforcement shall fulfill the duties to supervise and manage the maintenance and management activities of slopes and retaining walls.
Article 30The lightning protection systemsinstalled on all types of buildings (constructions), sites and facilities shall comply with the provisions of the relevant national lightning protection standards, and the maintenance and management unit shall ensure the normal operation of the lightning protection systems.
The lightning protection systems for buildings(constructions), sites and facilities new-built, reconstruction or extension, shall be designed, constructed and put into use with the main project synchronously, and the maintenance and management unit shall be responsible for routine maintenance.
Article 31 The lawful construction of projects in forest fire prevention areas, which may affect forest fire prevention, shall set up firebreaks or biological fire resistance forest belts, set up forest fire warning signs, build forest fire prevention facilities such as forest fire pools, and equip with intelligent high-definition video surveillance equipment. Forest fire prevention facilities shall be planned, designed, constructed and accepted with the projects synchronously.
The units responsible for forest fire prevention of electric power lines, telecommunication lines, oil and gas transmission pipelines and highways shall take fire prevention measures, establish and implement the forest fire prevention responsibility system, clarify the persons responsible for forest fire prevention, and organize personnel to conduct regular patrol.
During the period of forest fire prevention, in the case that high temperature, drought, strong wind and other weather with high fire risks are forecast, the municipal and district people's governments shall delimit the forest high fire risk areas in the jurisdictions, stipulate the period of high forest fire risks, and may issue forest fire prevention and fire ban orders as necessary. Any unit or individual shall abide by the orders of forest fire prevention and fire ban.
Chapter III Emergency Preparedness, Monitoring and Early Warning
Article 32The municipal and district comprehensive coordination agencies for the prevention and control of natural disasters shall coordinate the preparation of overall contingencyplans for natural disasters and submit them to the people's governments at the corresponding levels for approval before implementation. The municipal and district special emergency command agencies shall organize the preparation of special contingency plans for natural disasters and submit them to the people's governments at the corresponding levels for approval before implementation.
In accordance with the requirements of various types of natural disaster contingency plans, the relevant departments of the municipal and district people's governments shall be responsible for the preparation of corresponding departmental contingency plans. Sub-district offices and primary-level community organizations shall formulate specific contingency plans in accordance with the requirements of relevant contingency plans at the higher level.
Operation units of public transportation and its facilities, construction units, hazardous goods production, storage, transportation and disposal units, schools, hospitals, large and medium-sized enterprises, childcare institutions, elderly care institutions and other units, the management units of shopping malls, hotels, large supermarkets, tourist attractions, cultural and sports venues, high-rise buildings, underground space and other sites, shall formulate the contingency plans for natural disasters of the units in accordance with the requirements of relevant contingency plans.
The unit that prepares the contingency plans shall revise the contingency plans in a timely manner according to the actual situation.
Article 33 The contingency plans for natural disasters shall, in light of the nature, characteristics and possible damage caused by the relevant natural disasters, specify the organization and command system and its responsibilities, monitoring and early warning mechanism, handling and rescue procedures, emergency safeguard measures, initiation and management of contingency plans and post-disaster recovery.
Article 34The contingency plan preparation units shall establish an emergency drill system and organize emergency drills regularly every year.
The relevant departments of the municipal and district people's governments and sub-district offices may fulfill the duties to give guidance to the emergency drills organized by relevant units.
Article 35The departments of emergency management, urban planning and natural resources, water affairs, meteorology and others shall, in accordance with the respective duties, formulate natural disaster defense guidelines for the public, and give social publicity to the guidelines through various approaches.
Article 36The municipal and district people's governments shall incorporate social emergency rescue forces into the emergency rescue team system, and strengthen guidance, management and training of the rescue team.
Volunteers shall be encouraged to participate in relevant rescue capacity training to improve disaster relief capabilities.
Article 37The municipal emergency management department shall establish and improve the expert consultation system for the prevention and control of natural disasters and establish a pool of experts for the prevention and control of natural disasters.
The departments of urban planning and natural resources, housing and construction, transport, water affairs, culture, media, tourism and sports, public hygiene and health, urban management and law enforcement, meteorology, maritime affairs and communications administration, and units of subway, electric power and gas, shall fulfill the duties to support the construction of the pool of experts for the prevention and control of natural disasters.
Article 38The municipal and district people's governments shall, in the light of the characteristics of natural disasters and the number and distribution of the resident population, rationally plan and build reserve warehouses of supplies for disaster relief and rescue, formulate reserve plans for supplies for disaster relief and rescue, and be responsible for the reserve and administration of relevant supplies.
The district people's governments shall, according to needs, set up reserve points for disaster relief and rescue supplies in sub-districts and communities, preset disaster relief and rescue supplies and equipment, and be responsible for daily maintenance, administration and update.
The municipal and district people's governments shall regularly organize and carry out inspections on the reserve situation of disaster relief and rescue supplies. Measures for the administration of disaster relief and rescue supplies shall be formulated separately by the municipal people's government.
The municipal emergency management department shall compile a suggested reserve list of household emergency supplies and encourage and guide residents to reserve emergency supplies in accordance with the list.
Article 39The municipal and district people's governments shall, in accordance with the number and distribution of the resident population and the types and risk levels of common disasters in the jurisdictions, build emergency shelters by utilizing public places and facilities such as parks, squares, urban green spaces, schools, sports venues, community comprehensive service facilities, and civil air defense basements. Emergency shelter facilities shall be designed, constructed and put into use with the main projects synchronously.
The municipal people's government shall organize the formulation of relevant technical standards and norms for the construction, management and maintenance of emergency shelters, establish a database and electronic map of emergency shelters in Shenzhen, and update and disclose the information in a timely manner.
The municipal and district people's governments shall be responsible for the supervision and administration of emergency shelters in the jurisdictions. The municipal and district departments of emergency management, education, civil affairs, human resources, culture, media, tourism and sports, urban management and law enforcement and others shall be responsible for the supervision and administration of emergency shelters in the respective industries and fields according to the division of duties.
Article 40The maintenance and management units of the emergency shelters shall be responsible for the inspection, maintenance and management of the safety of the main structure of the buildings and the emergency shelter facilities and equipment, ensure the normal operation of the water, power, lighting and other supply facilities of the shelters, and ensure the normal operation of the emergency shelters.
Units in charge of property management in residential areas, commercial areas and industrial parks shall set up emergency shelter location signs at obvious locations such as entrances and exits, indicating the distance, direction and path of emergency shelters.
Article 41The municipal departments of emergency management, industry and information technology, government service data administration, communication administration and others shall establish and improve a connective system of emergency communication support, improve the emergency communication management mechanism, improve the emergency communication network, and ensure smooth communication during disaster rescue and relief.
Article 42The municipal departments of emergency management, urban planning and natural resources, urban management and law enforcement, ecology and environment, meteorology, hydrology and others shall organize and carry out natural disaster monitoring within the respective duties, and connect the information to the unified monitoring and early warning command platform of Shenzhen.
Article 43The municipal and district special emergency command agencies shall promptly organize relevant units and experts to conduct consultation of analysis and evaluation of possible natural disasters, study corresponding countermeasures, and report the results of the consultation to the people's governments at the corresponding levels.
The member units of the municipal and district special emergency command agencies shall strengthen the guards and duties and timely report the information of natural disaster emergencies to the special emergency command agencies at the corresponding levels.
Article 44The municipal and district people's governments and the relevant departments shall release natural disaster early warning information of natural disasters through the unified emergency early warning information release platform of Shenzhen.
Operators and managers of radio stations, television stations, newspapers and periodicals, text messages, electronic display screens, traffic guidance screens, network media and other media shall give priority to the spread of early warning information about natural disasters.
The municipal people's government shall, relying on the unified emergency early warning information release platform of Shenzhen, coordinate the information docking work between the release platform and various media such as emergency broadcast channels, wired broadcasting systems, electronic display screens, smart poles and civil air defense alarms, and formulate unified networking standards and operation and administration measures of Shenzhen.
No unit or individual shall fabricate or disseminate false information related to natural disasters.
ChapterIVEmergency Response and Post-disaster Recovery
Article 45During the period when the early warning signal for natural disasters takes effect, the municipal and district people's governments may, in the light of the characteristics and possible hazards of the natural disasters that are about to occur and in combination with the natural conditions, population and social and economic conditions of the areas that may be affected, take the following response measures in the jurisdictions:
(1) Announcing to the public one or more necessary measures such as suspension of school, suspension of work, suspension of production, suspension of operation, and suspension of business according to the extent of possible impact and contingency plans;
(2) Temporarily delimiting areas that may cause casualties or heavy property losses as danger zones for natural disasters, taking measures to prohibit entry, announcing them to the public, and organizing the setting up of warning signs in danger zones for natural disasters;
(3) Organizing the transfer, evacuation or withdrawal of persons whose personal safety may be affected by natural disasters;
(4) Opening emergency shelters and announcing the specific addresses and arrival routes of emergency shelters through various media such as radio stations, television stations, newspapers and periodicals, text messages, electronic display screens, traffic guidance screens and network media;
(5) Other necessary preventive and protective measures provided for by laws and regulations.
Article 46The municipal and district special emergency command agencies shall, in accordance with the general contingency plans for natural disasters, special contingency plans, departmental contingency plans and disaster situations, initiate emergency response and organize and direct emergency rescue and relief.
During the emergency response period, the municipal and district people's governments shall, in accordance with the development of the situation, timely adjust the warning level and emergency response measures in accordance with the relevant provisions, and re-announce them.
After the natural disaster has been controlled or eliminated, the municipal or district people's governments shall terminate the emergency response in accordance with the relevant provisions and announce it to the public.
Article 47Natural persons, legal persons and unincorporatedorganizations shall obey the rescue and relief command.
During the period when the early warning signal of natural disasters is in effect, apart from the units and individuals that undertake the tasks of disaster rescue and relief and guarantee the basic operation of society, other units and individuals shall, in accordance with the response measures announced by the people's governments, take measures to avoid natural disasters.
Without the approval of the people's governments that announced the response measures, no unit or individual shall enter the temporarily delimited danger zone of natural disasters.
Article 48During the period when a typhoon warning signal is in effect, all relevant units and individuals shall take measures in accordance with the following provisions:
(1) Taking appropriate measures according to the warning levels to strengthen the safety protection of workhouses, falseworks, derricks and other facilities, tower cranes, gantry cranes, lifts and other machinery and electrical equipment;
(2) Taking reinforcement or removal measures for simple buildings, traffic signs, electric poles, iron houses, color steel tiles, billboards, neon lights, water tanks, propaganda banners, plastic films, outdoor inflatable facilities, shading nets and films and trees to eliminate safety hazards;
(3) Taking measures to prevent shelving and hanging objects on balconies, window sills, terraces, roofs and windows, glass curtain walls and other items from falling.
During the period when the warning signals of a thunderstorm, gale or strong monsoon are in effect, the relevant units and individuals shall take corresponding defensive measures according to the warning levels in accordance with the relevant provisions to eliminate potential safety hazards.
Article 49During the period when the torrential rainwarning signal is in effect, the owner and contractor of construction shall, in accordance with the requirements of the warning levels, promptly stop construction operations such as water-related projects, deep foundation pits, underground spaces, high slopes and so on, and transfer the relevant personnel to a safe area.
If the owner or contractor of construction causes damage or blockage to the original municipal drainage facilities during the construction process, they shall repair and dredge the facilities in a timely manner; after the torrential rain warning signal takes effect, measures such as emergency drainage, evacuation and guarding should be taken to ensure the safety of surrounding personnel, roads and buildings.
Article 50During the period when the early warning signal of a typhoon, torrential rain or other natural disasters is in effect, in the case that situations such as water logging, water accumulation, seawater intrusion, flood or groundwater outburst, which may endanger operation safety or cause casualties, occur in urban rail transits, railways, expressways, national and provincial highways or municipal roads, the transport department and traffic management of public security department shall initiate the corresponding levels of emergency response according to the contingency plans, and take emergency measures such as suspension of operation, closing roads and diverting traffic in accordance with law to ensure the safety of personnel in accordance with law.
Public transport operation and administration units shall fulfill the obligations of prevention, rescue and relief, and establish internal and external coordination mechanisms to ensure that flood prevention and relief measures are implemented as soon as possible. After public transport operation and administration units find the danger, they shall take emergency measures such as suspension of operation and emergency evacuation according to the actual situation, and report to the relevant departments in a timely manner.
Article 51The emergency management department and relevant departments shall, in accordance with the requirements of the national statistical system for natural disasters, carry out the statistical reporting of natural disasters in the jurisdictions, and shall not delay, lie, conceal or fail to report.
Article 52After a natural disaster occurs, the municipal and district people's governments shall, in the light of the circumstances, urgently transfer, evacuate or withdraw the disaster victims, dispatch emergency relief supplies, and provide the disaster victims with necessary daily necessities, temporary shelters, medical and epidemic prevention, psychological assistance and other emergency assistance in a timely manner.
Article 53During the emergency response period to natural disasters, the municipal or district people's governments or the comprehensive coordination agencies for the prevention and control of natural disasters may requisitionthe equipment, facilities, sites, vehicles and other materials required for emergency response in the jurisdictions in accordance with law, and shall return the materials in a timely manner in accordance with the relevant provisions after being used up. If the materials are damaged, destroyed or caused other losses as a result of requisition, compensation shall be made according to the appraised value or the market value at the time of requisition in accordance with law.
During the emergency response period of natural disasters, the procurement department of the municipal and district people's governments shall adjust the procurement methods and simplify the procurement process according to the needs of the procurement of emergency supplies, so as to ensure the offer of emergency relief supplies and daily necessities.
Article 54The municipal and district people's governments shall, on the premise of ensuring safety, adopt methods that combine local resettlement and relocation, government resettlement and self-resettlement, centralized resettlement and decentralized resettlement, to carry out interim resettlement for the disaster victims.
Interim resettlement shall be carried out in a location with convenient transportation and easy-to-resume production and life, and areas where secondary and derived natural disasters may occur shall be avoided.
Article 55The people's governments in the areas affected by natural disasters shall promptly organize the restoration of damaged public facilities such as transportation, communication, water supply, drainage, power supply, gas supply, and heat supply, make overall arrangements for the restoration and reconstruction of public service facilities such as schools, hospitals and gymnasiums, housing and barrier-free facilities, and reasonably determine the scale and timing of restoration and reconstruction.
Article 56Banks, insurance and other financial institutions shall be encouraged to strengthen their financial services according to the needs of post-disaster recovery, reconstruction and relief. Banks may take measures such as reducing or waiving business charges, providing loan renewal services, adjusting the maturity, interest rate and repayment method of debts. Insurance institutions may support individuals, institutions and industries which are affected by natural disasters by extending the insurance term, prepaying part of the loss, and appropriately extending the insurance coverage within the risk tolerance range.
Article 57Natural persons, legal persons and unincorporatedorganizations shall be encouraged and supported to participate in disaster relief donations and volunteer services in an orderly manner in accordance with law.
Charitable organizations shall be encouraged to actively participate in natural disaster relief in accordance with relevant laws, regulations and articles of association.
Article 58 After the occurrence of natural disasters, the emergency management department shall organize the investigation and evaluation of natural disasters, submit the investigation and evaluation results to the people's government at the same level for examination and approval, and urge the implementation and rectification.
The measures for the investigation and evaluation of natural disasters shall be formulated separately by the municipal emergency management department and shall be issued and implemented after being submitted to the municipal people's government for approval.
Chapter VLegal Liabilities
Article 59If the staff of the municipal and district people's governments, relevant departments and units fail to perform the duties for the prevention and control of natural disasters in accordance with law, disciplinary actions shall be taken in accordance with law; if such an act constitutes a crime, they shall be investigated for criminal responsibility in accordance with law.
Article 60If the maintenance and management unit of slopes and retaining walls in violation with the provisions of paragraph 2 of Article 29 of these Regulations and has one of the following circumstances, the relevant departments of urban planning and natural resources, housing and construction, transport, water affairs, urban management and law enforcement and others shall order the violator to make corrections within a time limit according to the respective duties; if no correction is made within the prescribed time limit, the maintenance and management unit shall be given a fine of no less than RMB20,000 but no more than RMB100,000:
(1) Failing to establish an inspection and maintenance system in accordance with regulations;
(2) Failing to carry out inspection and maintenance in accordance with the system established by the unit.
Article 61In violation of the provisions of Article 31 of these Regulations and under any of the following circumstances, the forestry department shall order the violator to make corrections within a time limit; if no correction is made within the prescribed time limit, the relevant responsible unit shall be given a fine of no less than RMB10,000 but no more than RMB50,000:
(1) Failing to set up firebreaks or biological fire resistance forest belts, set up forest fire warning signs, build forest fire pools and other forest fire prevention facilities or equip with intelligent high-definition video surveillance equipment;
(2) Failing to implement the requirements of synchronous planning, design, construction and acceptance of forest fire prevention facilities and construction projects;
(3) The units responsible for forest fire prevention of electric power lines, telecommunications lines, oil and gas transmission pipelines or highways fail to take fire prevention measures, fail to establish and implement the responsibility system for forest fire prevention, fail to clarify the persons responsible for forest fire prevention or fail to organize personnel to conduct regular patrol.
Article 62Whoever, in violation of the provisions of paragraph 3 of Article 47 of these Regulations, enters a temporarily delimited danger zone for natural disasters without the approval of the people's government that has issued response measures, shall be ordered to leave by the emergency management department, and a fine of no less than RMB20,000 but no more than RMB100,000 shall be given to the violating unit and a fine of no less than RMB5,000 but no more than RMB20,000 shall be given to the violating individual. The relevant expenses incurred in emergency rescue shall be borne by the violator.
Article 63In violation of the provisions of item (1)(2) of paragraph 1 of Article 48 of these Regulations, relevant units or individuals that fail to take timely measures to eliminate hidden safety hazards, shall be ordered to make corrections within the time limit by the relevant departments of housing and construction, transport, urban management and law enforcement and others in accordance with the respective duties; if no correction is made within the prescribed time limit or serious consequences have been caused,the violating unit shall be ordered to suspend production and business, and be given a fine of no less than RMB50,000 but no more than RMB100,000, and the violating individual shall be given a fine of no less than RMB20,000 but no more than RMB50,000.
Article 64In violation of the provisions of paragraph 1 of Article 49 of these Regulations, during the period when the torrential rain warning signal is in effect, the owner or contractor of constructionthat fails to promptly stop construction operations such as water-related projects, deep foundation pits, underground spaces, and high slopes in accordance with the requirements of the warning level and transfer the relevant personnel to a safe area, shall be ordered to make corrections with the time limit and be given a fine of no less than RMB20,000 but no more than RMB100,000 by the relevant departments of housing and construction, transport, water affairs and others in accordance with the respective duties; if no correction is made within the prescribed time limit or serious consequences have been caused, the violator shall be given a fine of no less than RMB100,000 but no more than RMB300,000.
In violation of the provisions of paragraph 2 of Article 49 of these Regulations, the owner or contractor of construction that fails to take emergency drainage, evacuation, guarding and other measures in accordance with the provisions, shall be ordered to make corrections within the time limit be given a fine of no less than RMB20,000 but no more than RMB100,000 by the relevant departments of housing and construction, transportation, water affairs and others in accordance with the respective duties; if no correction is made within the prescribed time limit or serious consequences have been caused, the violator shall be given a fine of no less than RMB100,000 but no more than RMB500,000.
Article 65In violation of the provisions of paragraph 2 of Article 50 of these Regulations, the public transport operation and administration unit that fails to take emergency measures such as urgent suspension of operation, causing casualties or other serious consequences, shall be given a fine of no less than RMB100,000 but no more than RMB300,000 by the transport department.
Article 66If the punishment for a violation of the provisions of these Regulations is not prescribed in these Regulations but otherwise provided for by laws or regulations, such provisions of laws and regulations shall prevail.
ChapterVISupplementary Provisions
Article 67These Regulations shall come into force on November 1st, 2023.
附件下载：
粤公网安备 44030402002963号