Procedures of Shanghai Municipality on the Implementation of the Meteorology Law of the People’s Republic of China

(Adopted at the 31st Session of the Standing Committee of the 12th Shanghai Municipal People’s Congress on October 26, 2006; amended for the first time in accordance with the Decision on Revising Seven Local Rules including the Regulations of Shanghai Municipality on the Administration of Waters adopted at the 27th Session of the Standing Committee of the 14th Shanghai Municipal People’s Congress on February 23, 2016; amended for the second time in accordance with the Decision to Revise Part of This Municipality’s Local Rules adopted at the 7th Session of the Standing Committee of the 15th Shanghai Municipal People’s Congress on November 22, 2018)

Article 1

These Procedures are formulated in accordance with the Meteorology Law of the People’s Republic of China and in the light of the actual circumstances of this Municipality.

Article 2

These Procedures apply to the meteorological survey, forecast and services, the prevention of meteorological disasters, the utilization of climate resources, the scientific and technological research of meteorology and related administrative activities in the administrative areas of this Municipality.

Article 3

The meteorological work in this Municipality shall, in line with the requirements of the development of scientific and technological as well as essential public interests cause, put the meteorological services for public interests in the first place, suit the features of the mega-coastal city, build a comprehensive meteorological survey system, perfect the meteorological forecasting and pre-warning system, constantly raise the accuracy, timeliness and service level of meteorological forecasting and warning against meteorological disasters.

Article 4

The municipal and district people’s governments shall strengthen the leadership over and coordination of the meteorological work, list the meteorological cause in the planning of national economy and social development, the planning of scientific and technological development and financial budget at the same level.

Article 5

The municipal and district competent administrative organs of meteorology (hereinafter all referred to as the CAMO) shall, under the leadership of the superior competent administrative organs of meteorology and the people’s governments of their respective level, be responsible for the meteorological work in their administrative jurisdiction.

The meteorological work in the districts without competent administrative organs of meteorology shall be in the charge of the municipal competent administrative organ of meteorology.

Article 6

The municipal and district people’s governments shall, increase the input into the scientific and technological research and innovation in meteorology, cultivate and introduce meteorological talents, protect the scientific and technological achievements in meteorology, and popularize scientific knowledge about meteorology.

The CAMO shall carry out the basic research and application study in the fields of meteorological survey, meteorological disasters, climatic variation, space weather, atmospheric element, etc., strengthen the international and domestic cooperation and exchange in meteorology, and accelerate the application and popularization of the scientific and technological achievements in meteorology.

Article 7

The planning for the construction of meteorological facilities in this Municipality that is worked out by the CAMO jointly with the departments of seas and oceans, water affairs and civil aviation shall, upon being comprehensively balanced by the municipal planning administrative department, be submitted to the Municipal People’s Government for approval and implementation.

Working out the planning for the construction of meteorological facilities shall follow the principles of rational layout, effective utilization, consideration given to both immediate and long-term needs, and link-up with the urban planning.

Article 8

This Municipality shall, in accordance with the provisions set by the State, delimit the range of environmental protection for meteorological survey in the peripheral areas of relevant meteorological observatories and stations.

Article 9

Where construction works are to be newly-built, renovated or expanded within the core area of the environmental protection for meteorological survey, the planning administrative department shall, when the plans of the construction projects concerned are submitted for approval, solicit opinions of the CAMO. The CAMO shall, within 15 working days, put forward its suggestions after examination.

The construction works to be newly-built, renovated or expanded shall avoid jeopardizing the meteorological survey environment. Where it is really impossible to avoid such jeopardy, the construction unit shall ask for permission from CAMO. No construction may start until appropriate measures are taken.

Article 10

The meteorological facilities in this Municipality are protected by law. No organizations or individual persons shall occupy, damage or remove meteorological facilities without authorization.

In case it is really necessary to remove any national benchmark climatic stations or national essential meteorological stations owing to the implementation of the urban planning or the construction of national key projects, the construction units shall submit the projects to the competent administrative organ of meteorology under the State Council for approval; in case other meteorological observatories or stations need to be removed, the construction units shall submit such case to the CAMO for approval. The expense for removal shall be borne by the construction units.

The removal of meteorological observatories and stations shall, in accordance with relevant provisions set by the State, be subjected to comparative observation. The meteorological observatories and stations shall, after being removed, conform with the urban planning, the construction layout of meteorological facilities and the protective standards of the meteorological survey environment.

Article 11

This Municipality shall establish the sharing system of the informative data on meteorological survey, and the CAMO shall be responsible for daily maintenance and management, and provide services of sharing in utilization the informative data in accordance with relevant provisions set by the State.

The meteorological observations and stations under the CAMO and monitoring organs of the department of oceans, water affairs and civil navigation that engage in relevant meteorological survey shall, in accordance with relevant provisions set by the State, collect and deliver in time the obtained informative data on meteorological survey to the sharing system of informative data on meteorological survey.

Article 12

The meteorological observatories and stations under the CAMO shall at fixed time release  the weather forecast for the coming 24 hours at least four times a day; the weather forecast for the coming three to seven days shall be released during major holidays and festivals or ahead of major public social activities, and update such information according to the variation of weather.

The meteorological observatories and stations under the CAMO shall provide meteorological information classified by time period and region as well as the forecasting service of graded meteorological indexes for air quality, fire danger, etc..

The meteorological observatories and stations under the CAMO shall, release in time the early warning information about meteorological disasters, and update such information in time according to the variation of weather.

The CAMO shall adopt measures to provide convenience for the public to inquire about meteorological information.

Article 13

Relevant departments of the municipal and district people’s governments shall strengthen the installation planning and construction work for meteorological information display devices in public places and on main roads.

Those who utilize media including broadcasting, TV, newspaper, the Internet, telephone and public video screen, etc. to release to the public the weather forecast, actual weather condition and the early warning information about meteorological disasters shall use the timely meteorological information provided by the meteorological observatories or stations under the CAMO, indicate the name of the releasing observatory or station, and not make any addition to, deletion from or alteration to relevant contents without authorization.

The media including broadcasting, TV and “Shanghai, China” portal, etc. shall, upon the receipt of the early warning information about meteorological disasters released by the meteorological observatories or stations under the CAMO, broadcast such information immediately, 15 minutes late at most.

Operation or management units including airports, stations, ports, scenic spots, major traffic arterials, etc. shall brief to the public in time on the early warning information about meteorological disasters.

Article 14

The CAMO shall organize the implementation of public assessment on meteorological services and accept supervision of the public over the quality of meteorological services.

Article 15

The meteorological observatories or stations under the CAMO shall, in line with the characteristics of the weather and climate of this Municipality, provide in time the following specialized meteorological services：

1. According to the needs of agricultural production such as planting of crops and aquaculture, conducting real time monitoring, analysis and forecast on high temperature, cold wave, drought, rainstorm, sustained wet weather, typhoon, etc., and providing services for agricultural departments;

2. According to the needs of flood prevention, conducting real time monitoring, analysis and forecast on typhoon, gale and rainstorm, etc., and providing services for flood prevention commanding organs in commanding defense and for salvage;

3. According to the needs of ports, offshore operation, inland water transportation, marine transportation, etc., conducting real time monitoring, analysis and forecast on typhoon, gale, heavy fog, etc., and providing services for the departments of harbor, marine affairs, fishery, etc. in performing the work of safe production;

4. According to the needs of road transportation, tourist trips, etc. , conducting real time monitoring, analysis and forecast on high temperature, cold wave, heavy fog, typhoon, rainstorm, snowfall icy roads, etc., and providing services for the departments of public security, transportation, municipal administration, tourism, etc. in doing a good job of guiding the work of safety protection and persuasion;

5. According to the characteristics of seasonal supply of water, electricity and gas, conducting real time monitoring, analysis and forecast on sustained high temperature and low temperature, etc., and providing services for the supply units of water, electricity and gas in working out corresponding measures to guarantee the supply; and

6. Other specialized meteorological services need to be provided.

Article 16

For the unexpected public events that cause environmental pollution and trigger serious epidemic situation, the CAMO shall, in accordance with the requirements of the related predetermined contingency scheme, organize the implementation of on-site meteorological follow-up monitoring, and provide good service for relevant departments in the work of contingency handling.

Article 17

Those buildings, structures, facilities and places that must be installed with lightening protection devices as provided by the State shall, in accordance with the standards set by the State be installed with lightening protection devices. Lightening protection devices for the buildings, structures, places and facilities to be newly-built, renovated or expanded, shall be designed, constructed and put into use simultaneously with the principal parts of the projects.

The design and construction work of lightening protection devices for construction works to be newly-built, renovated or expanded, may be undertaken by the units with appropriate professional qualification of engineering design and construction in the aspects of construction, highway, waterway, rail, civil aviation, water conservancy, electricity, nuclear power, communications, etc.

With regard to the inflammable and explosive construction projects and places such as fuel depots, gas storage, ammunition, chemical storage and fireworks, petrochemical, etc, and places where need to install the lightening protection devices separately including the mines, tourists attractions or buildings/constructions, facilities that put into use in the lightning-prone areas , etc., and large projects, with high risk for lightning attack without lightning protection standards and regulations, that need special argument, the lightning protection devices shall have their design work examined, construction work checked and accepted by the municipal or district CAMO. Where the design of lightening protection devices installed has not been examined and approved by the CAMO or fail to pass the examination, the construction shall not be arbitrarily launched; where the lightening protection device that has not been accepted by the CAMO or fails to pass the acceptance check, shall not be put into use.

The administrative departments of the buildings, municipal infrastructure construction, highway, waterway, rail, civil aviation, water conservancy, electricity, nuclear power, communications shall be responsible for the management of lightening protection in their own fields.

Article 18

State organs, social organizations, enterprises and public institutions shall do a good job of the daily check-up and maintenance of the lightening protection devices in their own units, and shall, in accordance with relevant provisions of the State and this Municipality, entrust the professional testing agency with corresponding qualification to test the lightening protection devices; the ones tested as unqualified shall be rectified within a prescribed time limit.

The property management enterprises in residential quarters or the proprietors that haven’t appointed property management enterprises shall do a good job of making daily tour inspections on the lightening protection devices within the area under property management, and shall notify in time for repairs upon finding any damaged lightening protection devices; and they shall, in accordance with relevant provisions of the State and this Municipality, entrust at fixed time the professional testing agency with corresponding qualification to test the lightening protection devices, and in case such devices are found unqualified through testing, the owners shall make rectification within a prescribed time limit.

The CAMO shall, jointly with the administrative departments of housing, land and resources, conduct professional training for relevant staff of property management enterprises.

Article 19

The CAMO shall be responsible for the comprehensive survey of the climatic resources in this Municipality, organize climatic monitoring, analysis and assessment, and release the bulletin on the climatic condition of this Municipality every year.

Article 20

Relevant departments of the municipal government shall, when working out the urban master plan, professional systematic plan, and the development and utilization plan of climatic resources or conducting argumentation on feasibility of major public infrastructure projects, solicit opinions of the CAMO. The CAMO shall organize the feasibility argumentation on the climate.

Article 21

For anyone who violates the provisions of these Procedures, the CAMO shall order him/her to stop the illegal acts, and impose administrative punishment according to following provisions:

1. Anyone who occupies, damages or removes meteorological facilities without authorization, shall be ordered to restore them to the original state or adopt other remedial measures within a prescribed time limit, and a fine of not less than 10000 yuan but not more than 50000 yuan may be imposed.

2. Anyone who shall install lightening protection devices in accordance with the provisions set by the State but fails to do so, shall be ordered to make rectification within a prescribed time limit; those who refuse to make corrections shall be penalized with a fine of not less than 10000 yuan but not more than 30000 yuan.

3. Where construction is arbitrarily launched whereas the design of lightening protection devices installed has not been examined and approved by the CAMO or fails to pass the examination, a fine of not less than 50000 yuan but not more than 100000 yuan shall be imposed. Those who have illegal gains, the illegal gains shall be confiscated.

4. Where the lightening protection device that has not been accepted by the CAMO or fails to pass the acceptance check is arbitrarily put into use, a fine of not less than 50000 yuan but not more than100000 yuan shall be imposed. Those who have illegal gains, the illegal gains shall be confiscated.

5. Where the lightening protection devices of state organs, social organizations, enterprises and public institutions haven’t been tested as prescribed or haven’t passed the testing, the owners of those devices shall be ordered to make rectification within a prescribed time limit; those who refuse to make corrections shall be penalized with a fine of not less than 10000 yuan but not more than 30000 yuan.

Article 22

Any working staff of the CAMO and the meteorological observatories or stations under the CAMO who neglect their duties, resulting in serious accidents including failing to report and incorrectly reporting meteorological forecast to the public, losing or damaging firsthand meteorological survey material, and forging meteorological material, shall be given disciplinary sanction according to law; where their negligence of duties result in a great loss to national interests and the people’s lives and property, constituting a crime, their criminal liabilities shall be prosecuted in accordance with law.

Article 23

These Procedures shall be effective as of December 1, 2006.