Procedures of Shanghai Municipality on the Administration of Glass Curtain Wall of Buildings

(December 7, 2018)

Article 1(Purpose and Basis)

With a view to strengthening the administration on the construction and use of glass curtain wall for buildings, safeguarding the public security, and lessening the environmental impact of light reflection, these Procedures are formulated in accordance with the Construction Law of the People’s Republic of China, the Regulations on Realty Management, and other laws and regulations, and in the light of the actual circumstances of this Municipality.

Article 2(Definition)

The “glass curtain wall” mentioned in these Procedures refers to the building’s exterior enclosure wall composed of glass panels and supporting structure, having certain displacement capacity relative to the main structure or having certain self-deformation capacity, and not assuming the role of the main structure.

Article 3 (Application Scope)

These Procedures apply to the use, design and construction of glass curtain wall in new construction, reconstruction or extension projects and facade renovation projects (hereinafter jointly refer to as the construction of glass curtain wall), the maintenance of glass curtain wall of buildings that have been put into operation upon completion (hereinafter jointly refer to as the maintenance of existing glass curtain wall) within the administrative areas of this Municipality, and relevant supervision and management activities.

Article 4(Administrative Departments)

The municipal, district administrative department of construction shall, according to the division of functions and duties, be responsible for the supervision and management of the construction of glass curtain wall and the maintenance of existing glass curtain wall within their respective administrative areas.

The municipal, district administrative department of planning shall, according to the division of functions and duties, be responsible for the planning control of the engineering construction of glass curtain wall within their respective administrative areas.

The municipal, district administrative department of environmental protection shall, according to the division of functions and duties, be responsible for organizing the demonstration on environmental impact of light reflection caused by the engineering construction of glass curtain wall within their respective administrative areas.

The administrative departments of development & reform, housing administration, market regulation, emergency of this Municipality shall, according to their respective functions and duties, coordinate in the implementation of these Procedures.

Article 5(Scope of Prohibition for the Use of Glass Curtain Wall)

Glass curtain wall shall not be used at or above the second floor in the new construction, reconstruction or extension projects and facade renovation projects of residential houses, outpatient and emergency buildings and ward buildings of hospitals, teaching buildings of primary or secondary schools, and nurseries, kindergartens or nursing homes.

Glass curtain wall shall not be used for the building at a T-shaped intersection facing directly the straight road there.

Article 6(Requirements on Glass Adopted)

Laminated safety glass or other glass with fall protection properties shall be used in any one of the following cases where glass curtain wall is installed at or above the second floor:

1. buildings within the area full of people with high mobility such as commercial centers, transportation hubs, public cultural and sports facilities;

2. frontage buildings;

3. other circumstances where the fallen curtain glass may cause personal injury or property damage.

In the case of using the glass provided in the preceding clause, emergency-break glass shall be set according to the requirements of relevant technical standards at the time of designing glass curtain wall.

Article 7 (Notification of Administrative Departments)

The municipal and district development & reform department shall, when examining, verifying and approving the engineering construction, notify the development unit in writing the relevant norms on the construction, use and maintenance of glass curtain wall.

The municipal and district planning department shall, when checking and ratifying the planning conditions of the engineering construction on transferred land, notify the development unit in writing the relevant norms on the construction, use and maintenance of glass curtain wall.

Article 8(Planning Control)

Where glass curtain wall is to be used in a construction project, the administrative department of planning shall, when examining and verifying the design scheme of the construction project, solicit the opinions of the administrative department of environmental protection. The administrative department of planning shall not approve the design scheme of the construction project in the case of the circumstances provided in Clause 2 of Article 5 of these Procedures, or in the case of the glass curtain wall failing to meet relevant technical norms of the State or this Municipality.

The administrative department of planning shall solicit the public opinions on the design scheme of the construction project provided in the preceding clause. The administrative department of planning shall not approve the design scheme of the construction project in the case of the circumstances provided in Clause 1 of Article 5 of these Procedures, or in the case of the glass curtain wall incompatible with the surrounding environment and architectural style.

Where glass curtain wall is to be used, the development unit shall define the type of glass curtain wall, and make clear in the design scheme of the construction project.

Article 9(Demonstration of Structural Safety and Light-reflection Environmental Impact)

As for the construction project in which glass curtain wall is to be used, the development unit shall, before the examination of construction design documents, draft the structural safety report on the glass curtain wall, and submit the report to the administrative department of construction for the latter to organize the experts’ demonstration.

The development unit shall, before the examination of construction design documents, draft the technology assessment report of light-reflection environmental report, and submit the assessment report to the administrative department of environmental protection for the latter to organize the experts’ demonstration.

The municipal administrative departments of construction, and environmental protection shall respectively establish the experts’ pool composed of experts that meet relevant professional requirements. The municipal administrative departments of construction, and environmental protection shall separately formulate the rules for the selection and avoidance of experts.

Article 10(Examination of Construction Design Documents)

At the time of drafting the construction design documents, the design unit shall carry out assessment and demonstration of the structural safety and light-reflection environmental impact.

At the time of applying for the examination of construction design documents, the development unit shall submit the demonstration report of structural safety, the technology assessment report and experts’ demonstration report of light-reflection environmental impact.

The examination agency of construction design documents shall examine the construction design documents to see whether or not they meet the requirements on structural safety and environmental protection. The administrative department of construction shall not issue the building permit where the construction design documents fail to pass the examination.

In case the design of glass curtain wall changes, the development unit shall submit the construction design documents to the original examination agency for re-examination.

Article 11(Qualification)

The unit that undertakes the design of glass curtain wall shall obtain corresponding design qualification according to law.

The unit that undertakes the construction or maintenance of glass curtain wall shall obtain corresponding construction qualification according to law.

This Municipality encourages a unit with both design qualification and construction qualification to undertake the work of glass curtain wall design, construction and maintenance.

Article 12(Requirements for Design)

As for the construction project with glass curtain wall, the design unit shall rationally design the buffer zones such as greenbelts or podiums, and the protection facilities such as cornice or ceiling with the architectural layout taken into consideration, so as to prevent the occurrence of injury accidents caused by the fallen glass.

Article 13(Requirements for Building Materials)

The building materials adopted for the glass curtain wall project shall meet relevant standards of the State and this Municipality, and the requirements on engineering design.

As for those building materials of glass curtain wall that shall obtain compulsory product certification or production permit in accordance with the relevant provisions, the supplier shall provide corresponding compulsory product certification or production permit.

As for those building materials of glass curtain wall that shall pass testing or inspection in accordance with the relevant provisions, the supplier shall provide testing report or inspection report on the product’s quality, and issue the quality assurance certificate.

The construction unit shall, according to design requirements of the project, technical standards of the construction, and agreements of the contract, conduct testing on building materials of glass curtain wall. Those building materials without testing and those that fail to pass the testing shall not be used.

Article 14(Requirements for Construction)

The construction unit shall conduct the construction of glass curtain wall according to relevant technical standards of the State and this Municipality, and the construction design documents that have passed the examination.

The construction unit shall prepare the specific construction scheme for glass curtain wall before construction.

Article 15 (Requirements for Supervision)

The supervision unit shall formulate the rules for special supervision on glass curtain wall, conduct site supervision over major positions and key processes of the glass curtain wall project, and conduct parallel inspection over building materials for glass curtain wall.

The supervision unit shall issue the report of special supervision on glass curtain wall.

Where the supervision unit finds that the construction is not in compliance with the technical standards of the State and this Municipality, the construction design documents, the construction management plan, the scheme for specific construction or the agreement of the contract, it shall require the construction unit to make corrections; where the construction unit refuses to make corrections, the supervision unit shall report the case to the development unit in a timely manner.

Where the supervision unit finds quality problems or hidden perils of safety accidents, it shall require the construction unit to make corrections in a timely manner; where the case is serious, the supervision unit shall require the construction unit to suspend construction, and report to the development unit in a timely manner. Where the construction unit refuses to make corrections or suspend the construction, the supervision unit shall report to the administrative department of construction in a timely manner.

Article 16(Use and Maintenance Manual for Glass Curtain Wall)

The design unit shall provide the development unit with the Use and Maintenance Manual for Glass Curtain Wall upon the completion acceptance of the construction project with glass curtain wall.

The development unit shall provide the buyer with the Use and Maintenance Manual for Glass Curtain Wall when selling the building with glass curtain wall.

The Use and Maintenance Manual for Glass Curtain Wall shall include such contents as glass curtain wall’s design basis, main performance parameters, and design life, the warranty obligations of the construction unit, the requirements for daily maintenance, and the precautions for use.

Article 17(Warranty Liability)

The construction unit shall bear the warranty liability within the warranty period of glass curtain wall in accordance with relevant provisions of the State and this Municipality.

The warranty period for anti-leakage of glass curtain wall shall not be less than 5 years.

The construction unit shall conduct a thorough inspection over the glass curtain wall one year after the completion acceptance of the project. As for glass curtain wall projects with tension rod or tension cable, a thorough inspection and adjustment of the pretensioning shall be conducted six months after the completion acceptance. Where hidden safety perils are found during inspection, the construction unit shall promptly repair the glass curtain wall.

Article 18(Subjects Responsible for Safe Use and Maintenance of Existing Glass Curtain Wall)

The owners of the building shall be responsible for the safe use and maintenance of the existing glass curtain wall.

This Municipality encourages the owners of the building to cover relevant liability insurance for the use of glass curtain wall.

Article 19(Routine Maintenance)

The owners or entrusted property service units shall conduct routine maintenance of glass curtain wall in accordance with the technical standards of the State and this Municipality, and the requirements of the Use and Maintenance Manual for Glass Curtain Wall.

The entrusted property service unit shall perform the following obligations:

1. notifying the owners in a timely manner, and urging the owners to take corresponding measures where damage or hidden safety perils of the glass curtain wall are found; and

2. taking necessary emergency measures and reporting to the administrative departments of construction and housing, where damage or hidden safety perils of the glass curtain wall that may endanger the personal and realty safety are found, and the owners refuse to take measures to eliminate the perils.

The administrative department of housing shall urge the realty service units to assist the owners in ensuring the safe use of glass curtain wall in accordance with relevant provisions.

Article 20(Regular Inspection)

The owners shall entrust the original construction unit or other units with the qualification of glass curtain wall construction to conduct regular inspection of the glass curtain wall in accordance with the following provisions:

1. conducting inspection every 5 years after one year upon the completion acceptance of the glass curtain wall project;

2. as for those glass curtain wall projects with structural adhesive assembly which are in operation up to 10 years, conducting sampling inspection on the adhesive functions of structural silicone sealant at different positions of the projects; and conducting inspection every 3 years henceforth;

3. as for those glass curtain wall projects with tension rod or tension cable, conducting inspection every 3 years after completion; and

4. as for in-use glass curtain wall that exceeds the design life, conducting inspection once a year.

Regular inspection shall be conducted in accordance with the requirements of relevant technical standards of the State and this Municipality.

Article 21(Safety Assessment)

Where the existing glass curtain wall has one of the following states, the owners shall entrust a unit with the ability of testing glass curtain wall to conduct safety assessment:

1. The panels, connecting components, or parts of the wall have the phenomena such as abnormal deformation, fall, and burst;

2. There is damage caused by natural calamities such as typhoon, lightning stroke, fire, explosion, or unexpected incidents;

3. The testing or evaluation shows that there are hidden safety perils existing in the main structure of relevant buildings;

4. The glass curtain wall remains in use after the design life is over; or

5. Other circumstances that requires safety assessment.

The unit that conducts the safety assessment shall issue the assessment conclusion.

Article 22 (Repair)

Where hidden safety perils in glass curtain wall are found during inspection or safety assessment, the owners shall promptly entrust the original construction unit or other units having the qualification of constructing glass curtain wall to repair the glass curtain wall.

Where the overhaul of glass curtain wall is a necessary, the owners shall have the structural safety demonstration completed in accordance with the provisions of Clause 1 of Article 9 of these Procedures.

Article 23(Protection Measures)

As for those glass curtain walls that use tempered glass and have the risks of injury accidents caused by burst or fall, the owners shall take necessary protection measures such as pasting safety protective films, installing cornice or ceiling according to different situations.

Where the safety protective films are pasted, they shall be fixed to the surrounding structure.

The safety protective films used shall meet the State’s technical standards. The supplier of the safety protective films shall bear the product quality liability of the safety protective films in accordance with the State’s technical standards and the agreements of the contract.

Where the cornice or ceiling is installed, the building materials adopted shall have the protective functions of impact resistance against falling objects.

Article 24(Technical Data)

The construction unit that conducts regular inspection or maintenance of the glass curtain wall shall transfer relevant technical data of the regular inspection and maintenance of the glass curtain wall to the owners.

The owners of the existing building with glass curtain wall shall, in every December, submit the technical data of the glass curtain wall’s regular inspection, safety assessment, maintenance, and adoption of protective measures of the same year to the administrative department of construction for the record.

Article 25(Special Maintenance Funds)

Special maintenance funds for glass curtain wall of newly built buildings shall be deposited to the designated special account by the development unit before the initial registration of house ownership.

Special maintenance funds for glass curtain wall of existing buildings shall be deposited to the designated special account in a lump sum or in installment by the owners in accordance with the provisions. In case of paying in installment, the time length of payment shall be not more than 5 years.

The deposit amount of special maintenance funds for glass curtain wall shall be determined in accordance with a certain proportion of the costs for building the glass curtain wall. Different grades shall be set for the deposit rate according to the structural design of glass curtain wall, and the safety level of the materials used.

Special maintenance funds for glass curtain wall shall be used for the inspection, assessment, and maintenance of buildings’ glass curtain wall. The specific procedures for the deposit and management of special maintenance funds shall be separately formulated by the Municipal Administrative Department of Construction.

Article 26(Management System of Glass Curtain Wall Information)

The Municipal Administrative Department of Construction shall establish an information management system of glass curtain wall in this Municipality, and be responsible for the maintenance and updating of the system.

The administrative departments of planning, and environmental protection, and other relevant departments shall transfer the glass curtain wall’s planning management information and environmental impact demonstration information to the administrative department of construction, so as to realize the sharing of information.

Article 27(Supervision and Inspection)

The administrative department of construction shall organize special supervision and inspection over the construction, use and maintenance of glass curtain wall in this Municipality, and urge the parties concerned to perform their respective duties.

Article 28(Punishment for Violation of Construction Provisions)

Where the design unit or the construction unit, in violation of the provisions of Clause 1 or 2 of Article 16 of these Procedures, refuses to provide the Use and Maintenance Manual for Glass Curtain Wall, the administrative department of construction shall order the wrongdoer to make corrections within a prescribed time limit; where the wrongdoer fails to make corrections within the prescribed time limit, a fine of not less than 10,000 yuan but not more than 30,000 yuan shall be imposed.

Article 29 (Punishment on Violation of Safe Use and Maintenance Provisions)

Where the owner of existing buildings with glass curtain wall, in violation of the provisions of Article 20, Article 21, Article 22, or Article 23 of these Procedures, fails to perform the obligations such as regular inspection, safety assessment and maintenance, adoption of protective measures, the administrative department of construction shall order the wrongdoer to make corrections within a prescribed time limit; where the wrongdoer fails to make corrections within the prescribed time limit, a fine of not less than 30,000 yuan but not more than 100,000 yuan shall be imposed.

Where the owner of existing frontage buildings with glass curtain wall, in violation of the provisions of Article 21 or Article 22 of these Procedures, fails to perform the obligations such as safety assessment, and maintenance, the administrative department of construction shall order the wrongdoer to perform such obligations within a prescribed time limit; where the wrongdoer fails to perform such obligations within the prescribed time limit, and refuses to perform such obligations after receiving demands, and the consequences of such failure have already endangered or may endanger traffic safety, the administrative department of construction may entrust relevant units to conduct safety assessment or maintenance. The expenses incurred may be reimbursed from the special maintenance funds for glass curtain wall.

Article 30(Punishment on Failure to Establish and Submit Technical Data)

Where the construction unit, in violation of the provisions of Clause 1 of Article 24 of these Procedures, fails to transfer the technical data, the administrative department of construction shall order the wrongdoer to make corrections within a prescribed time limit; where the wrongdoer fails to make corrections within the prescribed time limit, a fine of not less than 3,000 yuan but not more than 10,000 yuan shall be imposed.

Where the owner of the existing buildings with glass curtain wall, in violation of the provisions of Clause 2 of Article 24 of these Procedures, fails to submit the technical data to the administrative department of construction, the administrative department of construction shall order the wrongdoer to make corrections within a prescribed time limit; where the wrongdoer fails to make corrections within the prescribed time limit, a fine of not less than 1,000 yuan but not more than 10,000 yuan shall be imposed.

Article 31(Handling Offenses of Administrative Department Staff)

Where the staff of the administrative department of construction or other relevant departments violate the provisions of these Procedures, and have one of the following offenses, the unit they work in or the superior department shall give an administrative sanction according to law:

1. failing to perform the supervision and inspection duties according to the provisions of these Procedures;

2. failing to investigate and deal with the violations upon finding, or shielding or conniving at violations and causing serious consequences;

3. imposing illegally the administrative punishment; or

4. other offenses of neglecting duties, abusing powers, or playing favoritism and committing irregularities.

Article 32(Effective Date)

These Procedures shall be effective as of February 1, 2012.