英语巴士网

深圳市防洪防风规定(修正) Rules of Shenzhen Municipality on

分类: 法律英语 
 

深圳市人民政府令第102号
(Adopted at the 30th Executive Meeting of the Third Shenzhen Municipal People’s Government, Promulgated by the Shenzhen Municipal People’s Government on August 16, 2001)
颁布日期:20010816  实施日期:20010816  颁布单位:深圳市人民政府

Chapter I General Provisions

Article 1 In order to prevent the calamities of flood and typhoon, protect people’s life and the property of the state, collectives and individuals, and promptly organize the salvage and disaster relief, these rules are hereby formulated.

Article 2 These rules apply to the control of flood and typhoon and to the salvage and disaster relief.

Article 3 The Headquarter of Control of Flood, Drought and Wind of the Shenzhen Municipal People’s Government (hereinafter referred to as the Municipal Headquarter of Three Controls) shall organize and direct in a unified way the control of flood, wind and the salvage and disaster relief. Under the unified command of the Municipal Headquarter of Three Controls, the headquarters of three controls of all the district governments (hereinafter referred to as the District Headquarters of Three Controls) shall be responsible for the control of flood, wind and the salvage and disaster relief within their respective jurisdictions.

All the related units and individuals, troops, armed police, reserve servicemen stationed in Shenzhen, and primary militia, etc. shall, under the command of the municipal, district headquarters of three controls, organize and participate in the salvage and disaster relief according to their respective duties.

Any units and individuals are under the obligations to participate in the control of flood, wind and the salvage and disaster relief.

Article 4 The control of flood, wind and the salvage and disaster relief shall be the responsibility of chief executive officers. The chiefs of the people’s governments, departments and units at all levels shall be fully responsible for the control of flood, wind and the salvage and disaster relief within their respective jurisdictions, departments and units.

Chapter II Salvage and Disaster Relief Organizations and Their Duties

Article 5 The Office of the Municipal Headquarter of Three Controls (hereinafter referred to as the Municipal Office of Three Controls) shall be the working organization of the Municipal Headquarter of Three Controls. The primary duties of this Office shall be as follows:

(1)to organize the safety check of three controls in the whole municipality, harmonize and urge the settlement of hidden danger problems, restore the project destroyed by water and clear out river course.

(2)to draw up the pre-program of the whole municipality on control of flood, to check and ratify the management plan on control of flood of the major project for control of flood;

(3)to draw up the annual plan of the whole municipality on salvage funds and materials for control of flood, supervise and manage the use of salvage funds and materials for control of flood;

(4)to issue the precautionary warning signals for flood drainage;

(5)to liaise and coordinate the salvage and disaster relief of various departments, collect and report on time the information on dangerous situations, disasters as well as on salvage and disaster relief;

(6)to issue a disaster bulletin under the order of the Municipal Headquarter of Three Controls;

(7)to announce the locations of temporary shelters and the routes for evacuation according to the decision of the Municipal Headquarter of Three Controls;

(8)to organize the temporary teams for salvage and disaster relief according to the decision of the Municipal Headquarter of Three Controls;

(9)to take necessary emergency measures by the authorization of the Municipal Headquarter of Three Controls;

(10) to complete other tasks assigned by the Municipal Headquarter of Three Controls.

The Offices of the District Headquarters of Three Controls (hereinafter referred to as the District Offices of Three Controls) shall be the working organizations of the District Headquarters of Three Controls. The primary duties of these Offices shall be determined by the district people’s governments.

Article 6 During the period of adversity prevention and disaster relief, the municipal and district departments of public security shall be responsible for directing the evacuation of victims of calamities and for shock rescue by land.

Article 7 During the period of adversity prevention and disaster relief, the municipal and district departments of health shall be responsible for organizing shock rescue teams, giving first-aid to the wounded and sick, and working on sanitation and epidemic prevention in disaster areas.

Article 8 During the period of adversity prevention and disaster relief, the municipal and district departments of planning and economic trade shall be responsible for working out a plan to reserve and allocate the materials and equipments for salvage and disaster relief as well as daily necessities for victims of calamities, and organizing its implementation.

The municipal and district departments of planning, finance shall be responsible for raising the funds for salvage, disaster relief and recovering.

Article 9 During the period of adversity prevention and disaster relief, the municipal and district departments of water, electricity, post and telecommunications shall be responsible for rush repairing of the facilities of water supply, power supply, post and telecommunications. The municipal and district departments of water shall be also responsible for dealing with the emergency of water conservancy works and dredging the river course for flood drainage.

Article 10 During the period of adversity prevention and disaster relief, the municipal and district departments of communications, transportation shall be responsible for rush repairing of damaged roads, dispatching vehicles, ships and aircrafts to ship materials for salvage and disaster relief.

Article 11 During the period of adversity prevention and disaster relief, the municipal and district departments of construction shall be responsible for salvaging and repairing of the municipal works being constructed; the municipal and district departments of urban management shall be responsible for salvaging and repairing of the municipal works which have been consigned for use, and for dredging the drainage pipe-net on time.

Article 12 During the period of adversity prevention and disaster relief, the municipal and district departments of urban management shall be responsible for, or order the relevant units to be responsible for, delimiting a warning area in a dangerous section or around a dangerous building, setting warning signs and making arrangements to keep watch, organizing evacuation and transfer of the people and property out of the dangerous area, and the relevant units shall give assistance.

Article 13 During the period of adversity prevention and disaster relief, the municipal and district departments of civil administration, township offices and sub-district offices shall be responsible for helping victims of a calamity to settle down, distributing the daily necessities to them, and assisting their evacuation, withdrawal and finding a shelter from dangers.

Article 14 During the period of adversity prevention and disaster relief, the municipal meteorological department shall be responsible for monitoring and warning in advance against the typhoon and rainstorm, and for issuing the precautionary warning signals.

Chapter III Monitoring and Precautionary Warning of Flood Drainage

Article 15 The Municipal Office of Three Controls shall be responsible for monitoring and precautionary warning of flood drainage in the middle-sized reservoirs or large ones and detention basins. The District Office of Three Controls shall be responsible for monitoring and precautionary warning of flood drainage in the small-sized reservoirs.

Article 16 The Municipal Office of Three Controls shall issue in a unified way the precautionary warning signals of flood drainage, and no other units and individuals shall be allowed to do so.

Article 17 The precautionary warning signals of flood drainage shall be as follows:

(1)the yellow ripple line which means that water level of a reservoir or a detention basin has reached the restricted level of flood control (hereinafter referred to as the Restricted Level) and the flood drainage might be followed after that;

(2)the red ripple line which means that the water level of a reservoir or a detention basin has gone beyond the Restricted Level of flood drainage and the flood drainage will take place at the indicated time;

when the red ripple line signal is issued, the discharge of flood drainage (cubic meter/second) shall be indicated over the ripple line and the time for flood drainage shall be indicated on the right of the ripple line;

(3) the black ripple line which means that flood drainage is under way;

when the black ripple signal is issued, the discharge of flood drainage (cubic meter/second) shall be indicated over the ripple line.

When the above precautionary warning signals are issued, the name of the reservoir or detention basin which drain flood shall be indicated at the same time.

Article 18 When the Municipal Office of Three Controls issues the red

or black

ripple line signal, it shall make a corresponding change of the precautionary warning signal according to the change of the discharge or the time of the flood drainage.

Article 19 The Restricted Level of flood drainage in a reservoir or a detention basin shall be determined by the municipal and district departments of water, according to their respective jurisdictions, in compliance with specific conditions.

The volume of the discharge of flood drainage shall be determined on the principle of the safety of dykes and the upper and lower reaches of a river. The volume of the discharge of flood drainage in a middle-sized reservoir or a detention basin shall be determined by the municipal department of water; and the volume of the discharge of flood drainage in a small-sized reservoir shall be determined by the district department of water and be reported to the Municipal Headquarter of Three Controls for record.

Article 20 The red ripple line signal

shall be issued at least two hours in advance for the flood drainage of a reservoir or detention basin unless a catastrophic flood.

Article 21 When stop the flood drainage of a reservoir or detention basin, the Municipal Office of Three Controls shall inform the municipal broadcasting station and television station to call off the signal of the precautionary warning of flood drainage.

Article 22 In accordance with the precautionary warning signals of flood drainage issued by the Municipal Office of Three Controls, the municipal broadcasting station and television station shall inform the public of these warnings on time.

Article 23 When receiving the precautionary warning signals of flood drainage issued by the Municipal Office of Three Controls, the municipal broadcasting station and television station shall make these signals public in 15 minutes.

Article 24 Any units and individuals shall not disseminate the precautionary warning signals of flood drainage not directly issued by the Municipal Office of Three Controls.

Chapter IV Adversity Prevention and Disaster Relief

Article 25 After or the yellow color signal has been issued,

(1)the municipal broadcasting station and television station shall call the public’s attention to control of flood and wind;

(2)the municipal department of harbor affairs and the department of fishing administration and supervision shall notify the dispatcher’s departments of harbors and wharfs and the ships at sea to make preparations for the control of flood and wind.

Article 26 After signal has been issued,

(1)the municipal department of harbor affairs shall notify the ships anchoring in harbors to take shelter from the wind;

(2)the departments of urban administration shall organize the task of cleaning and dredging drain installations for road surface so as to ensure an unimpeded drainage of water.

Article 27 After, or signal has been issued,

(1)the municipal and district headquarters of three controls, their member units and the sub-district offices of various district, and the related units shall send commanders on duty to their posts and prepare the emergency measures.

(2)the related departments shall, in accordance with their respective duties, organize corresponding emergency teams and prepare materials and equipments for salvage and rescue;

(3)the persons in charge of three controls in the departments of water, electricity, telecommunication and transportation shall go to their posts to do their duties and to send patrol people to check the works and facilities;

(4)the departments of urban management, construction and land planning shall delimit the warning areas in the dangerous sections where mountain-mud flow, mountain landslide, road subsidence, billboard collapse etc. might take place, and it shall also be responsible for keeping watch and organizing the evacuation and withdrawal of the people and property of these areas;

(5)the department of housing and the institution of properties management shall organize the watch over the dangerous houses and the sections where the buildings possibly collapse, and shall organize the evacuation and withdrawal of the residents of these houses;

(6)the Municipal Office of Three Controls shall make an announcement to the public on the temporary shelters and the routes of evacuation;

(7)the department of civil administration and the sub-district offices of various district and township shall notify to open all the temporary shelters;

(8)the municipal department of harbor affairs shall notify the ships within harbors and wharfs to stop their operation, the ships to stop entering into harbor, and the ships that have entered into harbor to leave wharf for the places where the ships can be anchored and sheltered from the wind.

(9)the middle schools, elementary schools and children gardens shall be closed and responsible for appointing special person to protect the students and children who have already been at schools and gardens;

(10) the department of public security shall organize its manpower, direct the evacuation and withdrawal, and maintain public order;

(11) neon lights and other dangerous outdoor power supply shall be cut off.

(12) the departments of construction, land planning and the related units shall be responsible for notifying to stop the operation of the works being constructed and to fix or dismantle the dangerous installations for construction or other temporary installations.

Article 28 After signal has been issued,

(1)the members of the municipal and district headquarters of three controls shall meet together in their headquarters; if any member cannot make it, a liaison person shall be sent to the headquarters to participate in the work;

(2)the various salvage and rescue teams shall be on their respective posts;

Article 29 After the red ripple line signal

has been issued,

(1)the various management units of river courses shall draw up the water level tables of the main stations along rivers according to the discharge of flood drainage and the water levels of morning and evening tides, and report to the Municipal Office of Three Controls.

(2)after receiving the water level table of a river for flood drainage, the Municipal Office of Three Controls shall inform the mass media immediately to make it public;

(3)the various related units shall take the corresponding emergency and salvage measures at the order of the headquarters of three controls;

(4)if the people and property need evacuation, the various related departments shall organize the evacuation of the people and property.

Article 30 While a catastrophic flood occurs, salvage and disaster relief regarding control of flood in the reservoirs shall be engaged in according to the Pre-Program on Prevention and Control of the Catastrophic Flood which has been approved.

Chapter V Maritime Salvage

Article 31 The Shenzhen Center for Maritime Salvage shall be responsible for maritime salvage in the sea areas close to the Shenzhen city. The primary goal of maritime salvage shall be save life.

Article 32 After receiving the signal of SOS from the sea, the Center for Maritime Salvage shall immediately take the necessary measures for salvage and rescue, and promptly report to the related units or persons.

Article 33 After receiving SOS or finding a ship in distress, the ships and facilities close to the spot of distress shall immediately report to the center for maritime salvage the situation on the spot and their names, call signs, and positions, obey the unified command of the Center for Maritime Salvage and actively take part in the salvage and rescue work.

Chapter VI Legal Liabilities

Article 34 If any department or unit has failed in performing the duties to control flood, wind and to do salvage and disaster relief according to these rules, a corresponding disciplinary sanction shall be imposed on its chief executive officer; if the consequences are serious enough to constitute a crime, the criminal responsibility shall be ascertained by the judiciary department according to law.

Article 35 If the related members of the administrative staff, in violation of these rules, have failed to perform their duties and led to serious consequences, disciplinary sanctions shall be imposed; if a crime has been committed, the criminal responsibility shall be ascertained by the judicial department according to law.

Article 36 If any member of the municipal broadcasting station and television station, in violation of these rules, has failed to broadcast to the public the precautionary warning signals issued by SMO or the Municipal Office of Three Controls, a disciplinary sanction shall be imposed by the unit; if the consequences are serious enough to constitute a crime, the criminal responsibility shall be ascertained by the judicial department.

Chapter VII Supplementary Provision

Article 37 The“typhoon”mentioned in these rules means tropical cyclone.

Article 38 The related departments of the Shenzhen Municipal People’s Government may formulate implementation measures in accordance with these rules.

Article 39 These rules shall take effect as of the date of promulgation.

猜你喜欢

推荐栏目