Measures of Shanghai Municipality on the Administration of High-Risk Sports Events

Chapter I General Provisions

Article 1 (Purpose and Basis)

These Measures are formulated based on the Sports Law of the People's Republic of China, the National Fitness Regulations, the Administrative Measures on Business Licensing for High-Risk Sports Project, the Regulations of Shanghai Municipality on Sports Development and other relevant laws and rules to standardize the management of venues for high-risk sports projects (hereinafter referred to as "high-risk projects") in this Municipality, to ensure the safety of participants, and promote the healthy development of high-risk projects,.

Article 2 (Scope of Application)

These Measures shall apply to the licensing, filing, supervision and management activities of high-risk projects conducted within the administrative region of this Municipality.

The "high-risk projects" mentioned in these Measures shall be identified according to relevant national provisions.

The following types of venues are not subject to these Measures:

1. amusement and simulation venues such as wave pools, surfing pools, and simulated skiing areas;

2. aquatic venues for infants and children under three years old;

3. venues used for personal or family purposes that are not open to the public; 

4. and venues owned by departments of sports, public security, fire protection, and other units and used solely for professional training.

Article 3 (Coordination Mechanism)

A regulatory coordination mechanism for high-risk projects shall be established in this Municipality, led by the municipal sports department, with participation of the departments of cultural tourism, education, public security, market regulation, health (disease control), civil affairs, housing and urban-rural development management, emergency management, and municipal fire rescue agencies. This mechanism shall be made to be responsible for coordinating and guiding the supervision and management of high-risk projects, enhancing information sharing, formulating cross-departmental regulatory work norms for joint law enforcement and collaborative handling, and studying important matters.

Each district shall implement local management responsibilities and establish a regulatory coordination mechanism for high-risk projects based on actual conditions, coordinating relevant functional departments and town/township people's governments, sub-district offices to improve working mechanisms such as patrol checkup, supervision and inspection, and investigation and punishment for illegal activities.

Article 4 (Management Responsibilities)

The sports department shall be responsible for the licensing, filing, and supervision and management of high-risk projects within its administrative region, and shall promptly report relevant information regarding emergencies to the appropriate units.

The cultural tourism department shall be responsible for supervising and managing high-risk projects conducted in cultural, entertainment, and tourism venues, and for guiding the affiliated comprehensive administrative law enforcement agencies in the cultural market to carry out administrative law enforcement.

The education department shall be responsible for supervising high-risk projects conducted in schools, urging schools to identify safety risks, promptly rectifying and eliminating safety hazards, and strengthening safety education for students and staff engaging in high-risk projects to ensure their safety.

The public security department shall be responsible for maintaining public order at high-risk project venues, investigating and collecting evidence for high-risk project incidents involving injuries or fatalities, and ensuring that operators and registrants of high-risk projects implement all requirements of public security management system.

The market regulation department shall be responsible for the registration and licensing of high-risk project operators and fulfilling the "dual notification" responsibilities, and for enhancing safety supervision of related special equipment.

The health (disease control) department shall be responsible for conducting health licensing and health supervision in public places involved in high-risk projects.

The civil affairs department shall be responsible for the registration and management of social organizations operating high-risk project venues.

The housing and urban-rural development management department shall be responsible for approving renovations of high-risk project venues and reviewing and approving fire safety designs.

The emergency management department shall be responsible for guiding and coordinating the safety production work related to high-risk project venues, and for investigating and handling production safety accidents related to high-risk projects in accordance with the law.

The fire rescue agency shall be responsible for conducting fire safety inspections on high-risk project venues before the public gathering places are put into use or opened for business, and for supervising the implementation of fire safety responsibilities at these venues in accordance with the law.

Article 5 (Social Co-governance)

Relevant associations and social organizations related to high-risk projects in this Municipality shall strengthen industry standard management according to their responsibilities and regulations, do a good job in industry self-discipline and integrity construction of high-risk projects, formulate industry standards, and provide capability training and guidance services for practitioners.

Mass media shall popularize knowledge about high-risk projects according to law, and promote scientific, civilized, and healthy fitness methods.

Citizens participating in high-risk projects shall enhance their risk prevention awareness, truthfully fill out notification letter of commitment, and safely use the sports facilities.

Article 6 (Funding Guarantee)

Relevant functional departments at the municipal and district levels shall organize and implement the licensing, filing, and supervision and management of high-risk projects according to their work responsibilities and the funds for which shall be included in the financial budget at the same level in accordance with the relevant provisions of budget management for fund guarantee.

Chapter II Management of High-Risk Projects

Article 7 (Scope and Authority of Permits)

Operations involving high-risk projects in the administrative region of this Municipality should comply with the conditions set by national regulations, and the operators shall submit a permit application to the district sports department (hereinafter referred to as the "licensing authority") in the locality where the high-risk project site is situated.

Article 8 (Permit Process)

Operators can apply for permits to operate high-risk projects through the "Government Online-Offline Shanghai" platform or at the offline service window of the licensing authority.

If the application materials are complete and meet the legal format, the licensing authority shall accept the application and issue a notice of acceptance. The licensing authority shall make a decision on whether to approve the application within six working days from the date of acceptance. During the licensing process, the licensing authority shall assign no less than two staff members to conduct on-site inspections, and it may also entrust professional inspection agencies to carry out inspections and provide relevant reports. If the on-site inspection meets the conditions, the licensing authority shall make a decision to approve the application; if it does not meet the conditions, a rectification period shall be granted, which is not included in the decision-making timeline of the licensing authority. If the conditions are still not met after rectification, a decision of disapproval shall be made.

If approved, a license shall be issued, including basic information such as the area and quantity of relevant sports facilities; if a rectification period is granted, a written rectification notice shall be issued; if disapproved, the applicant shall be notified in writing with reasons provided.

Article 9 (Renewal, Reissuance, Alteration, and Termination)

If the license is due to expire and the operator wishes to continue the operation, the operator shall apply for renewal with the licensing authority at least 30 days before the expiration date. The licensing authority shall make a decision on whether to grant or deny the renewal within six working days from the date of acceptance of the application. If a decision is not made within this period, it shall be deemed as granted.

In the event of loss or damage of the license, the operator shall promptly apply to the licensing authority for a reissuance or replacement. The licensing authority shall issue the license within six working days from the date of acceptance of the application.

If the matters specified in the license are changed, the operator shall apply to the licensing authority for alteration.

If operations are terminated or the license expires without renewal, the licensing authority shall cancel the license in accordance with the law.

Article 10 (License Management)

Operators shall publicly display relevant licenses in a conspicuous location at their premises in accordance with the law. They are prohibited from altering, selling, renting, lending, or transferring the relevant licenses in any other form.

When the licensing authority approves the renewal, reissuance, or alteration of a license, a new license shall be issued, retaining the original license number, with the approval date recorded as the date of the approval decision. Other details recorded in the license, apart from the approved renewal or alteration, shall remain unchanged. Before receiving the new license, the operator shall submit the original license held. If the original license is lost, an announcement can be made through the "Government Online-Offline Shanghai" platform. If the license is canceled, the original number shall no longer be used.

Article 11 (Safety Management)

When operating high-risk projects, operators shall comply with the following safety management requirements:

1. Operators shall not operate beyond the scope of their licenses;

2. Operators shall prominently post at the site the safety inspection and maintenance procedures for sports facilities and equipment, regular training systems for rescue personnel, safety rescue rules, safety notices for participants, job responsibilities for the site manager and relevant staff, emergency rescue systems and procedures, and directories with photos of social sports instructors and rescue personnel;

3. Operators shall inform participants of potential safety risks associated with high-risk projects, as well as any special requirements regarding participants' age, physical condition, and skill level. They shall also remind participants to truthfully fill out the notification letter of commitment and take procedures such as focusing on and dissuading to prevent hazards from happening;

4. Operators shall ensure that during operations, they are equipped with no fewer than the specified number of social sports instructors and rescue personnel. and the aforementioned staff shall hold a certificate and wear eye-catching signs that can indicate their identity; social sports instructors shall not teach outnumbered trainees at a time in accordance with the national and local provisions; rescue personnel shall meet the qualification standards set by national and local provisions;

5. Operators shall timely and regularly study and understand the relevant provisions concerning high-risk projects;

6. Operators shall ensure proper maintenance and regular inspection of sports facilities, equipment, and gear in accordance with relevant provisions for assurance of safe and normal usage;

7. Operators shall retain surveillance footage logs for 30 days for review and shall proactively provide surveillance footage to assist relevant authorities in inspections and investigations; 

8. And operators shall, in the event of a sudden safety incident, promptly take rescue and first aid procedures and immediately report the situation truthfully to the district sports department, public security, and other relevant authorities. They shall not delay, conceal, falsely report, or fail to report incidents, nor intentionally damage or destroy the accident scene or related evidence.

Article 12 (Management of Training Activities)

When operators collaborate with training institutions to conduct training activities for high-risk projects, they shall clarify the content of cooperation and management responsibilities. When applying for an operating license, they shall at the same time submit the professional qualification certificates of social sports instructors provided by the cooperating training institutions that comply with national provisions. If the law clearly defines the management responsibilities of operators, they shall assume these responsibilities.

If operators discover that consumers are conducting high-risk project training activities within their premises without consent, they shall handle the situation according to the agreement with the consumers and may inform the consumers of the relevant risks in a timely manner.

Chapter III Management of Other High-Risk Projects

Article 13 (Filing)

Any entity other than operators in the administrative region of this Municipality that provide corresponding services for high-risk projects shall file with the district sports department (hereinafter referred to as the "filing authority") in the locality where the high-risk project site is situated.

Article 14 (Filing Materials)

The filing entity shall submit the following materials:

1. registration form for filing;

2. explanatory materials for relevant sports facilities;

3. proof of ownership or usage rights of the venue;

4. national vocational qualification certificates or skill level certificates for social sports instructors and rescue personnel;

5. written materials outlining safety assurance and emergency rescue systems and measures; 

6. and commitment letter.

The filing entity shall truthfully submit relevant materials and reflect the actual situation to the filing authority, and be responsible for the authenticity, accuracy, and legality of the filing information.

Article 15 (Filing Process)

The filing entity shall complete the filing with the filing authority within 10 working days after providing services. The filing authority shall verify the submitted materials and assign no fewer than two staff members to conduct on-site inspections, and shall, based on the following situations, take appropriate actions:

1. If the submitted matters do not require filing by law, or are not subject to the jurisdiction of the filing authority, or require a high-risk project operating license, the filing authority shall not accept the filing and shall promptly inform the filing entity with reasons provided;

2. If the filing materials are incomplete or do not meet legal formats, the filing authority shall make a one-time notice to the filing entity of the required corrections. If corrections can be made on the spot, the filing entity shall be allowed to correct them immediately; 

3. And if the filing materials are complete and meet legal formats, the filing authority shall accept the filing, complete the filing process within six working days from the date of acceptance, and issue a filing result notification. For matters that do not comply with national and local regulations, a rectification period will be granted, which is not included in the timeline of the filing processing. If conditions are still not met after rectification, the filing authority shall specify risks and rectification suggestions in the filing result notification.

The filing entity shall update the filing information with the filing authority every two years.

Article 16 (Management Requirements)

The filing entity shall ensure that during the operation period of high-risk projects, the safety facilities and equipment, as well as the social sports instructors and rescue personnel should be provided in accordance with national and local provisions, and they shall consciously accept supervision and inspection from relevant departments.

The information publicly disclosed by the filing entity should be consistent with the filing information and be executed in accordance with the actual situation, referring to the provisions outlined in Item 2 to 8 of Article 11 of these Measures.

Article 17 (Alteration, Termination, and Revocation)

If there are changes to the filing information, the filing entity shall submit the updated information to the original filing authority within 10 working days from the date of the change and reprocess the filing.

If the filing entity ceases to conduct high-risk projects, it shall promptly cancel the filing with the original filing authority; the original filing authority may also proactively cancel the filing.

If the filing entity applies for filing by using improper means, such as concealing relevant information or providing false materials, and after which is verified, the filing authority shall revoke the filing and record it in the case.

Article 18 (Adjustment of Operating Models)

If in a filing site, the operation model is adjusted and high-risk projects are operated, the filing entity shall cancel the filing with the original filing authority, and the operator shall obtain an operating license before conducting high-risk projects.

No unit or individual may arbitrarily use the filing site to operate high-risk projects. If verified, the cultural market comprehensive administrative law enforcement agency shall investigate and deal with the unauthorized operation of high-risk projects.

Chapter IV Supervision and Management

Article 19 (Notification System)

When the licensing authority grants, renews, alters, or cancels a license, or when the filing authority processes filings, alterations, cancellations, or revocations, relevant information should be publicly disclosed through the "Government Online-Offline Shanghai" platform within 10 working days from the date of the decision.

Article 20 (Supervision and Inspection)

The sports department shall strengthen the supervision and management of high-risk project sites, lead joint inspections, enhance daily checks, and regularly conduct special rectifications. It may legally entrust professional inspection agencies to carry out inspections.

Supervision and inspection of high-risk projects conducted in cultural, educational, and other related venues should be implemented by the cultural tourism and education departments in conjunction with the sports department in accordance with the law.

The public security department shall conduct supervision and inspection of public order management at high-risk project sites.

The market regulation department shall conduct supervision and inspection of special equipment related to high-risk projects in accordance with the law.

The health (disease control) department shall conduct supervision and inspection of health-related matters at high-risk project sites in accordance with the law.

The housing and urban-rural development management department shall conduct supervision and inspection of the construction process of building engineering of high-risk project sites in accordance with the law.

Fire rescue agencies shall conduct daily fire safety supervision and inspection at high-risk project sites in accordance with the law.

Members of the high-risk project regulatory coordination mechanism shall strengthen daily inspections, cooperate in joint inspections and special rectifications, urge operators and filing entities to eliminate risks and hidden dangers, and establish a situation reporting mechanism.

Article 21 (Referral of Clues)

If the sports department discovers suspected illegal activities in the sports field during supervision and inspection, it shall transfer the written materials of relevant clues to the cultural market comprehensive administrative law enforcement agency within 10 working days from the date of discovery.

The cultural market comprehensive administrative law enforcement agency shall make a decision on whether to take action within 20 working days from the date of receiving the relevant written materials and shall inform the referring sports department in writing.

Article 22 (Law Enforcement Requirements)

When law enforcement personnel conduct supervision and inspection of management at high-risk project sites, there should be no fewer than two persons present, and they shall show valid administrative law enforcement credentials. If valid credentials are not available, operators and filing entities have the right to refuse entry.

Law enforcement personnel shall record the time, location, content, issues discovered, as well as the results of the supervision and inspection by using written or digital means, such as electronic documents, or electronic inspection forms, etc.

Article 23 (Smart Services and Supervision)

This Municipality supports the digital transformation of high-risk project sites to enhance information technology levels.

Public sports facility management units shall connect high-risk project sites to the "Government Online-Offline Shanghai" platform to provide citizens with such services as information inquiries, reservations; other high-risk project sites that meet conditions are encouraged to be assessed according to unified data standards.

The sports department shall establish and improve a management platform for high-risk projects, and gradually access the information and data of the open service management of high-risk project sites as well as the supervision data of relevant departments related to high-risk projects.

High-risk project filing sites that meet conditions are encouraged to pilot "human defense + technical defense" safety warning scenario applications.

Article 24 (Insurance System)

Operators shall legally purchase sports accident insurance and liability insurance for their venues. Filing entities are encouraged to obtain the aforementioned insurance.

Participants in high-risk projects are encouraged to purchase sports accident insurance.

Chapter V Supplementary Provisions

Article 25 (Transition Period)

Prior to the promulgation of these Measures, other operating entities that provide corresponding services for high-risk projects shall complete the filing in accordance with these Measures within six months after their promulgation.

Article 26 (Department for Interpretation)

The specific application issues of these Measures shall be interpreted by the municipal sports department.

Article 27 (Implementation Date)

These Measures shall be effective as of December 1, 2024, and remain valid until November 30, 2029.