Full text of Dalian Earthquake Prevention and Disaster Mitigation Regulations 2019 (Draft)

Dalian City Earthquake Disaster Prevention and Mitigation Regulations (Draft)

Chapter 1 General Provisions

Article 1 The purpose of the legislation is to prevent and mitigate earthquake disasters and protect people’s lives and property To ensure safety and promote sustainable economic and social development, these regulations are formulated in accordance with the "Law of the People's Republic of China on Earthquake Prevention and Disaster Mitigation", the "Liaoning Province Earthquake Prevention and Disaster Mitigation Regulations" and other laws and regulations, and in light of the actual situation of this city.

Article 2 Scope of application These regulations shall apply to those engaged in earthquake prevention and disaster reduction activities within the administrative region of this city.

Article 3 Management System The municipal and county (including district and county-level cities, the same below) people's governments shall strengthen the leadership of earthquake prevention and disaster reduction work; the departments or institutions of the municipal and county people's governments responsible for the management of earthquake work (hereinafter referred to as the competent department for earthquake work), agencies dispatched by the Municipal People's Government with administrative functions and development and reform, economy and information, planning, urban and rural construction, land resources and housing, transportation, water conservancy, energy, urban construction, civil affairs, education, health , public security and other relevant departments, under the leadership of the people's government at the same level, and in accordance with the division of responsibilities, jointly carry out earthquake prevention and disaster reduction work.

Township (town) people's governments and sub-district offices should set up full-time (part-time) personnel to do a good job in earthquake prevention and disaster reduction under the guidance of the department in charge of earthquake work.

Article 4 Fund Guarantee Municipal and county people’s governments shall incorporate earthquake prevention and disaster reduction work into the national economic and social development planning at the same level, and the required funds shall be included in the fiscal budget.

Article 5 Basic Principles: Earthquake disaster prevention and disaster reduction work adheres to the work policy of focusing on prevention and combining defense with rescue.

Article 6 The people's government of the city and county where planning is compiled shall formulate plans for earthquake prevention and disaster reduction, and make good connections between the plans for earthquake prevention and disaster reduction and other related plans.

Article 7 Assessment Mechanism Municipal and county people’s governments should incorporate earthquake prevention and disaster reduction work into government performance management and establish and improve assessment mechanisms. The municipal and county leading groups for earthquake prevention and disaster reduction should regularly report on the implementation of earthquake disaster prevention and reduction work by various departments, and use it as the basis for performance appraisal and work evaluation.

Article 8 Public Welfare Propaganda Municipal and county people’s governments shall strengthen their leadership in the publicity of earthquake prevention and disaster reduction knowledge, incorporate the publicity and education of earthquake prevention and disaster reduction knowledge into the National Quality Education Outline, combine national education and relevant national commemorative activities, and normalize Carry out various forms of public welfare publicity on earthquake prevention and disaster reduction to enhance the awareness of earthquake prevention and disaster reduction in the whole society.

Article 9 Science and Technology Research and Development Municipal and county people’s governments encourage and support scientific and technological research on earthquake prevention and disaster reduction and the transformation and application of advanced scientific and technological achievements, and continuously improve the level of scientific and technological services for earthquake prevention and disaster reduction.

Article 10 Exchange and Cooperation The competent departments for earthquake prevention and control at all levels shall strengthen exchanges and cooperation in earthquake prevention and disaster reduction at home and abroad, and learn from the experience of earthquake prevention and disaster reduction at home and abroad.

Article 11 All units and individuals participating in the society have the obligation to participate in earthquake prevention and disaster reduction activities in accordance with the law, and have the right to stop and report behaviors that interfere with, hinder, or undermine earthquake prevention and disaster reduction work.

The municipal and county people’s governments encourage social forces to participate in earthquake prevention and disaster reduction in various ways.

Article 12 Encourage Insurance Encourage social entities to participate in personal and property earthquake disaster insurance to reduce and alleviate property losses and living difficulties caused by earthquakes.

Chapter 2 Earthquake Monitoring and Forecasting

Article 13 The municipal and county seismic work authorities for sea area earthquake monitoring shall strengthen the monitoring of sea area seismic activities and carry out research on sea area earthquake observation technology. Improve the ability to monitor seismic activity in sea areas.

Article 14: For key monitoring and protection of the following major construction projects, special earthquake monitoring networks or strong vibration monitoring facilities shall be constructed in accordance with relevant national and provincial regulations, and their construction funds and operating costs shall be borne by the construction unit and management respectively. The unit is responsible for:

(1) Large reservoirs and river embankments, coastal terminals, cross-sea bridges, and undersea tunnels;

(2) Oil reserve bases, petrochemical bases, and nuclear power plants;

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(3) Transportation hub projects such as subways and high-speed rails;

(4) Over-limit high-rise and large-scale public buildings, etc.

The construction unit shall report the construction of a dedicated earthquake monitoring network or strong vibration monitoring facilities to the municipal earthquake management department for record.

The competent authorities for earthquake work shall provide technical guidance on the construction and operation of dedicated earthquake monitoring networks and strong vibration monitoring facilities.

The management unit of the dedicated earthquake monitoring network and strong vibration monitoring facilities should do a good job in the daily maintenance and management of the monitoring facilities and the collection and analysis of monitoring information, and in accordance with the relevant national and provincial regulations, the dedicated earthquake monitoring network and enhanced protection of facilities.

Article 15 Protection of earthquake monitoring facilities and observation environment The protection of earthquake monitoring facilities and observation environment shall be implemented in accordance with the national "Regulations on the Protection of Earthquake Monitoring Facilities and Earthquake Observation Environment"; if the state does not provide protection for earthquake monitoring facilities, If the minimum distance is clearly stipulated, it shall be determined by the municipal and county earthquake work authorities in conjunction with relevant departments through on-site measurements.

Units or individuals that engage in activities such as blasting, drilling, mining, pumping, stacking magnetic materials, erecting high-voltage transmission lines, etc. within the protection scope of the seismic observation environment that may affect the seismic observation environment must first Solicit the opinions of the local people's government's seismic management department and go through the approval procedures in accordance with relevant laws and regulations.

Article 16 Unified Release System News media reporting information related to earthquake forecasts shall be based on the earthquake forecast opinions issued by the State Council or the Provincial People's Government.

No unit or individual may disseminate earthquake prediction and forecasting opinions to the public in violation of regulations without authorization, and may not create or spread earthquake rumors. Municipal and county people's governments should quickly take measures to clarify earthquake rumors and misinformation that disrupt social order.

Article 17: Mass detection and mass prevention Municipal and county people’s governments should strengthen earthquake mass monitoring and mass prevention work and improve the “three networks and one member” system. The competent departments for earthquake work shall employ earthquake prevention and disaster reduction assistants to be responsible for macroeconomic We will increase investment in equipment and personnel training required for mass detection and prevention, and continuously improve the level of mass detection and prevention.

The municipal and county earthquake prevention and reduction departments should manage the assistants for earthquake prevention and disaster reduction, establish a filing system, regularly train and assess the assistants for earthquake prevention and disaster reduction, and provide necessary business financial subsidies.

Schools, communities, enterprises and institutions should set up liaison officers for earthquake prevention and disaster reduction, who are responsible for publicity and work liaison on earthquake prevention and disaster reduction knowledge.

Chapter 3 Earthquake Disaster Prevention

Article 18 Propaganda and drills Relevant departments of municipal and county people’s governments and township (town) people’s governments, sub-district offices, residents’ committees, villagers The committee should organize and carry out publicity and popularization activities of earthquake emergency knowledge, use public exhibition halls to conduct publicity and display on earthquake prevention and disaster reduction, conduct earthquake emergency rescue drills, enhance citizens' awareness of earthquake disaster prevention, and improve citizens' ability to rescue themselves and each other during earthquake disasters. ability.

The education department should incorporate the publicity and education of earthquake prevention and disaster reduction knowledge into the public safety education content of primary and secondary schools, organize primary and secondary schools and kindergartens to conduct earthquake emergency evacuation drills more than once every semester, and cultivate and improve the earthquake prevention skills of teachers and students. Risk avoidance awareness and self-rescue and mutual rescue capabilities.

Agencies, groups, enterprises, and institutions shall, in accordance with the requirements of the people's government at the same level, conduct publicity and education on earthquake emergency knowledge to their personnel, investigate and eliminate potential safety hazards that may be caused by earthquakes, and conduct regular earthquake emergency rescue drills .

Various news media such as radio, television, newspapers, magazines, and the Internet should carry out public welfare publicity on earthquake prevention and disaster reduction.

Article 19 Responsibilities of Competent Departments The municipal and county earthquake work competent departments are responsible for earthquake prevention and disaster reduction in their respective regions, and manage and supervise the seismic fortification of new, expanded, and reconstructed construction projects in accordance with the law.

Article 20 Responsibilities of relevant departments The municipal development and reform, economic information, railway, transportation, energy, water affairs, planning, urban and rural construction, land and housing, urban construction and other departments should handle the construction project approval procedures in accordance with the law. The implementation of seismic fortification requirements shall be carried out in accordance with the Dalian City construction project approval process.

Article 21 Responsibilities of the Design Unit The design unit shall conduct seismic design in accordance with the seismic fortification requirements and the mandatory standards for project construction. The construction drawing review agency shall regard the seismic fortification requirements as a must for the review of the construction drawings of the construction project. content.

Article 22 Responsibilities of Construction Units New construction, expansion, and reconstruction construction projects shall meet the seismic fortification requirements. The construction unit shall be responsible for the implementation of the seismic fortification requirements of the construction project and the entire construction process.

If the seismic fortification requirements of a construction project are not implemented, completion acceptance shall not be organized.

Article 23 Responsibilities of Construction and Supervision Units Construction units and supervision units shall conduct construction and supervision in accordance with construction drawing design documents and mandatory standards for project construction, and shall be responsible for the quality of design, construction, and supervision.

Article 24 Survey and reinforcement of seismic performance The municipal and county people’s governments shall organize earthquake, land resources and housing, urban and rural construction, health, education and other relevant departments to carry out inspections of completed schools (including kindergartens) , nursing homes, hospitals, shopping malls, hotels, large cultural and sports venues, stations, airports, docks and other densely populated places, important facilities and old residential buildings to conduct a seismic performance survey, and take necessary seismic reinforcement measures.

Article 25 The municipal and county people's governments for rural earthquake protection shall allocate special funds and formulate corresponding support policies to support, encourage and assist villagers to adopt earthquake protection measures for newly built residences and to adopt measures for existing residences. Appropriate seismic reinforcement measures shall be taken, and demonstration projects of earthquake-safe rural residences shall be organized and constructed to gradually improve the seismic resistance of rural residences.

Municipal and county housing and urban-rural development administrative departments should strengthen the management of rural residential construction, work with finance, earthquake and other departments to carry out research and development of localized and practical earthquake-resistant technologies, and formulate earthquake-resistant technologies for residential buildings The guide provides residential design atlases, construction technical guides, earthquake intensity data, house building site selection and other technical consultation and services.

Urban and rural construction, earthquake and other departments should provide regular training to rural construction craftsmen on basic building earthquake resistance knowledge, residential structure earthquake resistance methods, residential earthquake resistance reinforcement technology, and building construction technology.

Article 26 The municipal and county people’s governments for the application of new technologies and new materials shall actively carry out earthquake zoning, seismic active fault detection, and earthquake risk analysis, and at the same time promote earthquake early warning research and application and other basic earthquake work. , serving to improve the level of earthquake resistance, land planning and utilization, and economic and social development.

Construction units should adopt new technologies and materials such as building (structure) base isolation and energy dissipation and shock absorption technology to improve the seismic resistance of buildings (structures).

Article 27 Earthquake Emergency Shelter Construction Municipal and county people’s governments shall incorporate the construction of earthquake emergency shelters into urban and rural overall planning, and organize land and resources and housing, urban and rural construction, education, earthquake and other departments to Use public facilities such as city squares, convention and exhibition centers, stadiums, green spaces, parks, and school playgrounds to build earthquake emergency shelters according to local conditions, and make overall arrangements for the necessary transportation, water supply, power supply, sewage discharge, material reserves and other equipment and facilities, and It has functions such as medical rescue and basic survival guarantee. Enterprises and society are encouraged to participate in the planning and construction of emergency shelters.

Cities and counties should build non-open-air earthquake emergency shelters. The specific number and scale can be determined based on the population and distribution of permanent residents.

Earthquake emergency shelters should have clear instructions and signs published to the public.

Article 28 Shelter Management Newly built, renovated, or expanded earthquake emergency shelters shall be designed and constructed in accordance with the requirements of the national "Earthquake Emergency Shelter Sites and Supporting Facilities". The construction unit shall submit the approved construction drawings and materials to the competent seismic work departments of the municipal and county people's governments for record, and the competent seismic work departments of the municipal and county people's governments shall participate in the joint completion acceptance.

The property rights unit or management unit of earthquake emergency shelters shall maintain and manage the sites, facilities, etc. in accordance with relevant national regulations.

The municipal and county earthquake work authorities shall, in conjunction with relevant departments, provide technical guidance, supervision and inspection on the maintenance and management of earthquake emergency shelters.

Article 29: Demonstration projects and education base construction Municipal and county people’s governments and their earthquake, education, science and technology and other relevant departments shall carry out earthquake safety demonstration communities, demonstration enterprises, demonstration villages and towns, demonstration schools, etc. For the construction of disaster reduction demonstration projects and popular science education bases, formulate corresponding assessment and acceptance standards and organize their implementation.

Chapter 4 Earthquake Emergency Rescue

Article 30 Earthquake Emergency Plan Municipal and county people’s governments and their relevant departments and township (town) people’s governments, sub-district offices and other units Practical earthquake emergency plans should be formulated in accordance with regulatory requirements.

The earthquake emergency plans formulated by the county, township (town) people's government, sub-district offices and other units shall be reported to the earthquake management department at the next level for record; the earthquake emergency plans formulated by the relevant departments shall be reported to the earthquake management department at the same level. Recorded by the competent authorities.

Departments and units that formulate earthquake emergency plans shall organize emergency drills and assessments based on the plans, and revise the earthquake emergency plans in a timely manner based on the actual situation. The revised earthquake emergency plans shall be submitted for filing in accordance with the original procedures.

Article 31 Emergency Response When an earthquake disaster occurs, the municipal and county people's governments shall, in accordance with the principle of graded response, activate the earthquake emergency plan and organize relevant departments to conduct emergency response.

Article 32 Earthquake Emergency Measures The municipal and county people’s governments shall activate emergency plans and take the following emergency measures based on the earthquake forecast opinions issued by the provincial people’s government:

(1) Issue emergency announcements about impending earthquakes and organize mass evacuation in a timely manner;

(2) Strengthen earthquake surveillance and pay close attention to changes in earthquake conditions;

(3) Supervise and inspect safety precautions, emergency rescue and disaster relief and Medical rescue and other emergency preparations;

(4) Instruct production and business units in transportation, communications, water supply, drainage, power supply, gas supply, oil transportation, etc. and secondary disaster sources to take immediate emergency protective measures; < /p>

(5) Earthquake disaster emergency rescue teams, various professional rescue teams and related personnel are on standby;

(6) Strengthen the publicity of earthquake emergency knowledge and risk avoidance skills;

(7) Strengthen social security control and maintain social order;

(8) Be prepared to take health and epidemic prevention measures;

(9) Other earthquake emergency measures.

Any unit or individual should obey the unified command of the earthquake relief command agency.

Article 33 Earthquake Emergency Rescue Team Municipal and county people’s governments shall rely on professional rescue teams such as public security firefighting, armed police, medical and health, and mining enterprises, and follow the principle of a multi-purpose team, a combination of full-time and part-time , establish an earthquake disaster emergency rescue team; encourage enterprises, institutions, social groups and individuals to form private earthquake disaster rescue volunteer teams to participate in emergency rescue activities.

The municipal and county people’s governments should apply for personal accident insurance for the members of the earthquake disaster emergency rescue team, provide support in terms of training venues, equipment and equipment, establish management, linkage and coordination mechanisms, and organize regular Professional training and drills to improve earthquake disaster emergency rescue capabilities.

The competent department for earthquake work should establish a registration and filing system for emergency rescue teams and provide professional guidance to professional earthquake rescue teams and volunteer teams.

Article 34: Municipal and county people’s governments of earthquake relief materials shall establish and improve earthquake emergency material reserve, allocation, distribution, requisition and supervision and management mechanisms to ensure the supply of earthquake emergency materials.

After an earthquake disaster occurs, based on the needs of earthquake relief, the people's government of the earthquake-stricken area may requisition materials and equipment or occupy sites in accordance with the law.

If materials, equipment or sites are requisitioned, they shall be returned promptly afterwards; if they cannot be returned, compensation shall be given.

Article 35 Application of new emergency rescue technologies Municipal and county people’s governments encourage the research, development, promotion and application of earthquake emergency products to enhance the modernization level of earthquake emergency rescue.

Article 36 Commendations and Awards Municipal and county people’s governments and their relevant departments shall commend and reward units and individuals that have made outstanding contributions to emergency rescue work.

Article 37: Wage and Benefit Guarantee: During the period when registered volunteers participate in organized earthquake emergency rescue work, the salary and benefits of their unit will remain unchanged.

Chapter 5 Supervision, Inspection and Legal Responsibilities

Article 38 Supervision and Inspection Mechanism and Inspection Matters Municipal and county people’s governments shall conduct special supervision and inspection of the following earthquake prevention and disaster reduction work: < /p>

(1) Preparation and implementation of earthquake disaster prevention and reduction planning and earthquake emergency plans;

(2) Construction of earthquake monitoring facilities and earthquake observation environmental protection;

(3 )Seismic safety evaluation of major construction projects;

(4) Implementation of seismic fortification requirements and mandatory standards for construction projects;

(5) Publicity and education on earthquake prevention and disaster reduction;

(6) Conduct of earthquake emergency drills;

(7) Earthquake disaster emergency rescue team construction, training and drills;

(8) Planning of earthquake emergency shelters , construction and management;

(9) Construction of earthquake relief command system and technical support system;

(10) Earthquake relief material reserves and earthquake disaster prevention and relief fund guarantee situation;

(11) Measures to strengthen earthquake prevention and disaster reduction in key earthquake surveillance and defense areas;

(12) Other matters requiring supervision and inspection.

Article 39 Penalties 1. If the municipal or county seismic work authorities and other departments exercising supervision and management power in accordance with the law fail to implement administrative licensing or handle approval documents in accordance with the law, if illegal acts are discovered or received If illegal acts are not investigated and dealt with after being reported, or if there are other acts that fail to perform duties in accordance with the law, the directly responsible person in charge and other directly responsible personnel will be punished in accordance with the law.

Article 40 Penalty Rule 2: Anyone who violates the provisions of Paragraph 2 of Article 15 of these Regulations and fails to seek the opinions of the local people's government's seismic work department in advance as required shall be given a warning and made corrections within a time limit; if corrections are not made within the time limit, If any damage is caused, the municipal or county earthquake management department shall impose a fine of not less than 20,000 yuan but not more than 200,000 yuan; if any loss is caused, the person shall be liable for compensation in accordance with the law.

Article 41 Penalty 3 Violates the provisions of Paragraph 2 of Article 28 of these Regulations. The property rights unit or management unit of an earthquake emergency shelter fails to conduct inspections of places, facilities, etc. in accordance with relevant national regulations. Those who carry out maintenance and management shall be ordered by the seismic management department to make corrections within a time limit; if corrections are not made within the time limit, a fine of not less than RMB 20,000 but not more than RMB 50,000 shall be imposed.

Article 42 Penalties 4. Anyone who violates the provisions of these regulations and commits any of the following acts shall be punished by the municipal or county earthquake work department:

(1) Construction unit Failure to go through the approval procedures for seismic fortification requirements in accordance with regulations shall be ordered to make corrections within a time limit; if corrections are made within the time limit or the circumstances are serious, a fine of not less than 10,000 yuan but not more than 50,000 yuan shall be imposed;

(2) The design unit does not comply with the seismic fortification approval procedures Those who require seismic design shall be ordered to make corrections within a time limit; those who fail to make corrections within the time limit shall be fined not less than RMB 10,000 but not more than RMB 50,000.

Chapter 6 Supplementary Provisions

Article 43 Implementation Date These Regulations shall come into effect on the year, month, and year.