Procedures of Shanghai Municipality on the Administration of Antiseism and Defense Set-up of Construction Projects

(December 7, 2018)

Article 1(Purpose and Basis)

With a view to strengthening the administration of antiseism and defense set-up of construction projects in this Municipality, preventing and mitigating seismic disasters, and protecting the safety of peoples lives and property, these Procedures are formulated in accordance with the Law of the Peoples Republic of China on the Precautions against Earthquake and Mitigation of Disasters, Regulations of the Peoples Republic of China on the Administration of Safeness Assessment of Earthquakes, Procedures of Shanghai Municipality on the Implementation of the Law of the People’s Republic of China on the Precaution against Earthquake and Mitigation of Disasters, and other relevant laws and regulations and in the light of the actual circumstances of this Municipality.

Article 2(Definitions)

The requirements for antiseism and defense set-up mentioned in these Procedures means the norms and technical target for the resistance of earthquake disasters formulated or examined and approved by the State and municipal competent departments in charge of earthquake affairs, and shall be satisfied in construction projects, which is described in seismic intensity or seismic dynamic parameter.

The seismic safeness assessment mentioned in these Procedures means the activities of research on seismic geology, geophysics, seismic activeness and earth deformation, etc. At the specific construction area or the surrounding area of the site, and offering the corresponding engineering plan and seismic dynamic parameter and foundation data relevant to the requirements of antiseism and defense set-up needed in the designing.

Article 3(Application Scope)

These Procedures apply to the antiseism and defense set-up of all types of construction projects in the administrative area of this Municipality and their administrative activities.

Article 4(Administrative Departments)

Shanghai Municipal Earthquake Bureau (hereinafter referred to as MEB) is the competent department in charge of the seismic safeness assessment and requirements of antiseism and defense set-up in this Municipality. The district competent department in charge of earthquake affairs is responsible for the specific administrative business in its own jurisdiction according to its respective duties.

The municipal housing and urban-rural development administrative department is the competent department in charge of the anti-seismic designing and constructing of the construction projects in this Municipality. The district construction administrative department is responsible for the specific administrative business in its own jurisdiction according to its own respective duties.

Article 5(Antiseism and Defense Set-up)

Construction projects of new designing, re-building and extension shall take anti-seismic and defense setting up measures according to the requirements of antiseism and defense set-up and anti-seismic deigning norms and rules.

Article 6 (Requirements for Antiseism and Defense Set-up)

Key construction projects, construction projects that may cause serious secondary disasters and construction projects of nuclear power station and nuclear installations that may cause radioactive pollution shall go through seismic safeness assessment, and determine the anti-seismic and defense setting-up requirements according to the result of the assessment.

Construction projects outside the definition of the preceding clause shall carry out anti-seismic and defense set-up according to the requirements regulated in the maps of seismic intensity distribution and the map of seismic dynamic parameter issued by the State. Construction projects with dense population, such as school, nursery and kinder-garden, hospital and large cultural and sports venue, etc., shall, as required by the relevant provisions of the State, carry out anti-seismic and defense set-up with a higher requirement for building construction in this Municipality

Article 7(Scope of Safeness Assessment)

The scope of construction projects that must undertake seismic safeness assessment shall be defined according to the provision of the Regulations of the Peoples Republic of China on the Administration of Safeness Assessment of Earthquakes and the Procedures of Shanghai Municipality on the Implementation of the Law of the People’s Republic of China on the Precaution against Earthquake and Mitigation of Disasters.

Article 8(Forbidden Norms to Assessors)

The unit that conducts seismic safeness assessment is forbidden to carry out the following activities:

1. to conduct seismic safeness assessment business in other seismic safeness assessment units name;

2. to allow other unit to use its name to contract seismic safeness assessment business;

3. to transfer seismic safeness assessment project; and

4. to conduct seismic safeness assessment not according to the working norms set up by the State concerning the seismic safeness assessment.

Article 9(Appraisal and Examination of Seismic Safeness Assessment Report and Determination of anti-seismic and Defense Setting-up Requirement)

The unit that conducts seismic safeness assessment shall write a seismic safeness assessment report (hereinafter referred to as SSAR) according to the requirements regulated by the State.

The SSAR concerning key national construction projects, construction projects crossing the administrative area of this Municipality, nuclear power stations and nuclear installations shall be submitted to the competent department in charge of earthquake affairs under the state council for appraisal and examination and determination of anti-seismic and defense setting-up requirements.

The SSAR outside the Clause 2 of this Article shall be appraised and examined by the MEB according to relevant state provisions, and the MEB shall decide the anti-seismic and defense setting-up requirements within 15 days upon receiving the report, and inform the construction unit in writing. In case the SSAR is rejected, the MEB shall return the report with an explanation of reasons within 10 days upon receiving.

Article 10(Duty of the Designing Unit)

The designing unit of the construction project shall perform anti-seismic designing of the project according to the anti-seismic and defense setting-up requirements and anti-seismic designing norms and rules prescribed by the State and this Municipality.

Article 11(Examination of the Designing of Construction Projects)

The examination of the anti-seismic designing of a construction project shall be brought into the examination procedure of the project designing. In case of a high-rise that goes beyond the provisions of the existing technical standards, the municipal housing and urban-rural development administrative department may organize relevant specialists to expound and prove its anti-seismic designing.

In case that the anti-seismic designing of a project has not been examined or has been found that the designing is not made according to the anti-seismic and defense setting-up requirements and anti-seismic designing norms and rules, the relevant department shall not issue the construction project planning permit or the operation permit.

Article 12(Duty of the Operation and Supervision and Management Units)

The operation unit of the construction project shall operate the construction according to the anti-seismic designing of the project, and the supervision and management unit shall supervise the construction according to the anti-seismic designing of the project.

Article 13 (Check and Acceptance upon Completion)

The check and acceptance upon completion of the construction project shall simultaneously check the anti-seism and defense set-up. In case the project does not meet the anti-seismic designing and operative requirements, it shall be ordered to rectify within a time limit, and may be delivered for use only when it has passed the re-examination.

Article 14(Anti-Seism and defense Set-up of Completed Projects)

The completed buildings, that are not taken anti-seismic and defense setting-up measures, shall be entrusted to an anti-seismic assessment unit to assess its anti-seismic function according to relevant state provisions when it is re-built or extended; and take necessary anti-seismic consolidation according to the assessment result of its anti-seismic function.

Article 15 (Application of New Technology)

In case that new system of architectural structure is adopted in the new construction projects, extension or re-construction projects in this Municipality, the new system of architectural structure shall have anti-seismic function.

Article 16 (Administrative Punishment)

The unit that violates the relevant provisions of these Procedures shall be given administrative punishment by relevant competent administrative department:

1. If in violation of the Clause 1 of Article 6 of these Procedures, the construction unit does not conduct seismic safeness assessment, or does not take anti-seismic and defense setting-up measures according to the anti-seismic and defense setting-up requirements determined by the result of the seismic safeness assessment, It shall be punished in accordance with the provisions of the Law of the Peoples Republic of China on the Precautions against Earthquake and Mitigation of Disasters and relevant law and rules.

2. If in violation of the Clauses 1 and 2 of Article 10 of these Procedures, a unit conducts forbidden activities, the municipal or district competent department in charge of earthquake affairs shall order a rectification, confiscate its illegal gains, and may cumulatively impose a fine of not less than 10,000 yuan but not more than 50,000 yuan. In a serious case, the department or institution that issues the qualification certificate shall cancel the certificate;

3. If in violation of the Clauses 3 and 4 of Article 10 of these Procedures, a unit conducts forbidden activities, the municipal or district competent department in charge of earthquake affairs shall order a rectification, and may cumulatively impose a fine of not less than 3,000 yuan but not more than 30,000 yuan;

4. If in violation of Article 13 and Article 15 of these Procedures, a unit does not do the anti-seismic designing according to anti-seismic designing norms, or dos not operate the project according to anti-seismic designing, the municipal or district competent administrative department in charge of construction shall order a rectification, and may cumulatively impose a fine of not less than 10,000 yuan but not more than 50,000 yuan. In a serious case, a fine of not less than 50,000 yuan but not more than 1000,000 yuan may be imposed;

5. If in violation of Article 15 of these Procedures, a unit does not supervise and manage the operation of the project according to the anti-seismic designing, the municipal or district competent administrative department in charge of construction shall order a rectification, and may cumulatively impose a fine of not less than 3,000 yuan but not more than 30,000 yuan; and

6. If in violation of Article 17 of these Procedures, a completed building that had not taken anti-seismic and defense setting-up measures does not conduct assessment of anti-seismic function and take anti-seismic consolidation measures when it is re-built or extended, the municipal or district competent department in charge of earthquake affairs shall order a rectification, and may cumulatively impose a fine of not less than 3,000 yuan but not more than 30, 000 yuan.

Article 17(Administrative Reconsideration and Litigation)

In case the party concerned does not accept the specific administrative act of the administrative department, it may apply for an administrative reconsideration or bring an administrative lawsuit according to the Administrative Reconsideration Law of the Peoples Republic of China and the Administrative Litigation Law of the Peoples Republic of China.

In case the party concerned does not apply for an administrative reconsideration, nor brings a lawsuit, nor performs the specific administrative act, the department that has made the specific administrative act may apply to the peoples court for enforcement according to the provisions of the Administrative Litigation Law of the Peoples Republic of China.

Article 18(Effective Date)

These Procedures shall be effective as of March 1, 2002.