Regulations of Kunming Municipality on Prevention of Meteorological Disasters

In order to strengthen the prevention of meteorological disasters, avoid and reduce the losses caused by meteorological disasters, and ensure the safety of people's lives and property, the Regulations of Kunming Municipality on the Prevention of Meteorological Disasters are formulated.

Regulations of Kunming Municipality on Prevention of Meteorological Disasters

Article 1 In order to strengthen the prevention of meteorological disasters, avoid and reduce the losses caused by meteorological disasters, ensure the safety of people's lives and property, and promote economic and social development, these Regulations are formulated in accordance with the Meteorological Law of People's Republic of China (PRC), the Regulations on the Prevention of Meteorological Disasters, the Regulations on the Prevention of Meteorological Disasters in Yunnan Province and other laws and regulations, combined with the actual situation of this Municipality.

Article 2 These Regulations shall apply to meteorological disaster prevention activities within the administrative area of this Municipality.

Meteorological disasters mentioned in these Regulations mainly include disasters caused by drought, rainstorm, continuous rain, cold wave, low temperature, frost, blizzard, hail, lightning, strong wind, fog and high temperature.

Article 3 The people's governments of cities and counties (cities, districts) shall strengthen their leadership in meteorological disaster prevention, establish and improve the coordination mechanism, improve the comprehensive meteorological disaster prevention system, encourage meteorological disaster prevention research and technological innovation, incorporate the capacity building of meteorological disaster prevention into the comprehensive evaluation system of the government, and include the required funds into the fiscal budget at the corresponding level.

Article 4 The competent meteorological departments of cities and counties (cities, districts) shall be specifically responsible for the monitoring, forecasting and early warning of disastrous weather and the prevention of meteorological disasters such as weather modification within their respective administrative areas, work out meteorological disaster risk areas and defense plans in conjunction with relevant departments, formulate defense countermeasures and measures, and organize the feasibility demonstration of major infrastructure construction, major regional economic development and large-scale engineering construction projects closely related to climatic conditions.

The administrative department of education shall incorporate the knowledge of meteorological disaster prevention into the contents of popular science propaganda and extracurricular education in primary and secondary schools, and cultivate and improve the awareness of meteorological disaster prevention among primary and secondary school students.

Other relevant departments and units shall, in accordance with their respective responsibilities, do a good job in meteorological disaster prevention.

Sixth citizens, legal persons and other organizations have the obligation to participate in the prevention of meteorological disasters.

Encourage citizens, legal persons and other organizations to donate materials and funds for meteorological disaster prevention and participate in voluntary service activities.

Article 7 The competent meteorological department shall, jointly with relevant departments, cover meteorological disaster monitoring and early warning to areas prone to meteorological disasters and other areas requiring key meteorological support, and provide special meteorological service support.

Article 8 No unit or individual may damage, occupy, move or shut down facilities and equipment for meteorological detection, receiving and broadcasting meteorological disaster warning information without authorization.

Article 9 The people's governments of cities and counties (cities, districts) shall organize meteorological, industrial and information, land and resources, water, agriculture, forestry, landscaping, public security, transportation, housing and urban construction, environmental protection, civil affairs and other relevant departments. , and establish a data sharing platform to collect information related to meteorological detection and meteorological disasters.

Article 10 The competent meteorological department shall build an information dissemination platform for meteorological disaster prevention with intensive enjoyment, all-media integration and on-demand push, and its subordinate meteorological stations shall release meteorological disaster early warning information to the public through SMS, electronic display screen, television, radio, newspapers and online media.

Eleventh meteorological disaster warning is divided into four levels from low to high: IV (general), III (heavier), II (serious) and I (particularly serious), which are indicated by blue, yellow, orange and red in turn.

Article 12 No unit or individual may arbitrarily change the contents and conclusions of information released by the meteorological offices and stations affiliated to the competent meteorological departments, fabricate or disseminate false meteorological information, or disseminate disastrous weather information and meteorological disaster information obtained through illegal channels.

Thirteenth city and county (city, district) people's governments shall organize relevant departments to do a good job in drought emergency projects and supporting facilities construction. Normalized artificial precipitation enhancement will be implemented in major cash crop producing areas, forest areas, ecological protection areas and key water conservation areas.

Agriculture, forestry, water affairs, civil affairs and other administrative departments. Should be in accordance with their respective responsibilities, do a good job in agricultural drought, forest fire prevention, reservoir impoundment, drought relief materials and other work.

Fourteenth city and county (city, district) people's governments shall organize relevant departments and units to timely carry out urban waterlogging, flood disaster and geological disaster prevention, traffic guidance and emergency rescue and disaster relief work.

The administrative departments in charge of water affairs and Dianchi Lake management shall organize river dredging before the flood control period, maintain flood control facilities and equipment, and do a good job in the inspection of important dangerous sections in geological disaster-prone areas.

Article 15 During the effective period of early warning signals such as cold wave, frost, road icing and snowstorm, administrative departments such as public security, transportation and comprehensive law enforcement of urban management, and public service units such as communication, water supply, power supply and gas supply should divert traffic, remove snow and ice on roads, and guide production, operation and maintenance units to take measures to prevent cold, freeze, thaw and deice (snow) to ensure the normal operation of urban and rural traffic and water, electricity and gas.

Agricultural administrative departments shall guide farmers and agricultural production and business units to do a good job in planting and breeding to keep warm and prevent freezing.

The administrative departments of forestry and landscaping shall take protective measures to prevent and reduce disaster losses.

The comprehensive law enforcement department of urban management shall conduct safety supervision and inspection on billboards and other outdoor advertising facilities. If there are potential safety hazards, the person in charge of management shall be ordered to immediately eliminate the potential safety hazards or dismantle them.

The relevant administrative departments shall supervise and inspect shipping and other related production and business units and individuals, and take hedging measures.

Seventeenth in the fog warning signal is valid or foggy weather occurs, the traffic administrative department of the public security organ shall implement safety control measures such as speed limit, restriction and closure on urban expressways, expressways and airport expressways. The competent meteorological departments and relevant departments and units shall build fog monitoring facilities at airports, ports, highways and traffic arteries, share monitoring information with relevant departments in a timely manner, and release fog warning information in real time.

During the period when the warning signal of foggy orange or above comes into effect, schools and kindergartens should stop outdoor teaching activities; The employer shall reduce or not arrange outdoor work; If outdoor operation is necessary, necessary protective equipment should be equipped or limited rotation measures should be taken.

Article 18 In the main producing areas of flue-cured tobacco, fruits and other major cash crops susceptible to hail disasters, the people's governments of counties (cities, districts) shall organize relevant departments to carry out hail disaster investigation and research, and be equipped with artificial hail suppression professionals, equipment and facilities. The competent meteorological department shall scientifically arrange artificial hail suppression operation points and carry out artificial hail suppression operations in a timely manner.

Nineteenth after the emergence of high temperature weather, the relevant departments and units should strictly implement and preserve the relevant provisions of heatstroke prevention and cooling measures, focusing on helping the elderly, weak, sick, disabled, pregnant and teenagers to do a good job in high temperature protection. The employer reasonably adjusts the working hours and reduces or stops arranging outdoor work.

Twentieth new construction, renovation and expansion of buildings (structures), places and facilities should meet the industry standards, and in accordance with the following provisions for design review and completion acceptance:

(a) the design review and completion acceptance of lightning protection devices for housing construction projects and municipal infrastructure projects shall be included in the construction drawing review and completion acceptance for the record, and shall be supervised by the administrative department of housing and urban construction;

(II) Flammable and explosive construction projects and places, mining areas, tourist attractions (spots) in lightning-prone areas or places where lightning protection devices need to be installed separately, as well as large-scale projects with high lightning risk, no lightning protection standards and norms, which need special demonstration, shall be audited and completed by the competent meteorological department;

(three) professional construction projects such as roads, waterways, railways, civil aviation, water conservancy, electric power and communications. The design review and completion acceptance of lightning protection devices shall be carried out by the administrative departments of various industries.

Article 21 After a lightning protection device is put into use, its owner, user or manager shall entrust a testing institution to conduct regular testing and issue a testing report, and the lightning protection devices in facilities and places where inflammable and explosive articles are produced and stored shall be tested once every six months.

The detected unit shall submit the lightning protection device detection report to the competent department of industry in a timely manner, and rectify the lightning protection hidden danger found in the lightning protection device detection within a time limit.

Institutions engaged in the detection of lightning protection devices shall obtain qualification certificates according to law.

Article 22 The competent meteorological department shall, jointly with the safety supervision and other relevant departments, conduct regular spot checks and reports on the submission of the detection report of lightning protection devices and the implementation of the rectification of lightning protection safety hazards.

Twenty-third competent meteorological departments shall, jointly with the relevant administrative departments of water affairs, land resources, environmental protection, agriculture and forestry. To jointly produce and publish early warning information of secondary and derivative disasters (risks) caused by meteorological factors.

The competent meteorological department shall provide the meteorological disaster certification materials required for insurance claims according to law and truthfully.

Twenty-fifth city and county (city, district) people's government shall incorporate the meteorological disaster emergency plan into the emergency plan system.

Article 26 The people's governments of cities and counties (cities, districts) shall, after the occurrence of meteorological disasters, organize relevant departments, enterprises and institutions to eliminate the impact of disasters in accordance with the division of responsibilities, restore normal order, and do a good job in disaster investigation and assessment, post-disaster relief and other post-disaster disposal work.

Township (town) people's governments and sub-district offices shall immediately organize the masses to carry out self-help and mutual assistance to reduce casualties and property losses.

Article 27 The people's governments of cities and counties (cities, districts) shall establish an investment mechanism for meteorological disaster emergency rescue funds, improve the reserve, transportation, distribution and use system of meteorological disaster emergency rescue materials and equipment at the corresponding level, and ensure the actual needs of meteorological disaster emergency rescue.

Twenty-eighth in violation of the provisions of this Ordinance, the people's governments of cities and counties (cities, districts), the competent meteorological departments and other meteorological disaster prevention departments and their staff have one of the following acts, and their superior organs or supervisory organs shall order them to make corrections; If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions in accordance with relevant regulations; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) Failing to formulate emergency plans for meteorological disasters or take preventive measures against meteorological disasters in accordance with regulations;

(two) after the meteorological disaster emergency plan is started, the response process is not implemented;

(three) after receiving the meteorological disaster warning information, failing to dispose of it in accordance with the provisions or improper disposal, causing heavy losses;

(four) failing to submit the relevant information of meteorological observation and meteorological disasters in accordance with the provisions;

(5) Concealing meteorological disasters and accidents or making false reports.

Article 29 Whoever, in violation of the provisions of these Regulations, arbitrarily changes the contents and conclusions of information released by meteorological offices and stations affiliated to the competent meteorological department, fabricates and disseminates false meteorological information, and disseminates disastrous weather information and meteorological disaster information obtained through illegal channels, shall be ordered by the competent meteorological department to make corrections within a time limit. If it fails to make corrections within the time limit, it shall be fined not less than 30,000 yuan but not more than 6,543,800 yuan; If the circumstances are serious, a fine of not less than 30 thousand yuan but not more than 50 thousand yuan shall be imposed.

Thirtieth in violation of the provisions of this Ordinance, damage, occupy, move or close the facilities and equipment for meteorological detection and meteorological disaster early warning information receiving and broadcasting, the competent meteorological department shall order it to make corrections, make restitution within a time limit or take other remedial measures; If no correction is made within the time limit, a fine of more than 2000 yuan 1000 yuan shall be imposed; If the circumstances are serious, a fine of 6.5438+0 million yuan and 50,000 yuan will be imposed.

Article 31 Whoever, in violation of the provisions of these Regulations, engages in the detection of lightning protection devices without qualification or beyond the scope of qualification, shall be ordered by the competent meteorological department or the relevant administrative department to stop the illegal act according to the authority and be fined between 50,000 yuan and 654.38 million yuan; If there are illegal gains, the illegal gains shall be confiscated.

Thirty-second in violation of the provisions of this Ordinance, one of the following acts, shall be ordered by the competent meteorological department to correct, give a warning, and may impose a fine of 30000 yuan to 65438 yuan:

(1) refusing to install lightning protection devices when they should be installed;

(two) the existing lightning protection device refuses to detect or refuses to rectify after the detection is unqualified.

Article 33 These Regulations shall come into force on1October 2008+1day.