Provisions on Construction and Use of Civil Air Defense Engineering in Jiangsu Province
Decree of the People's Government of Jiangsu Province
The "Provisions for the Construction and Use of Civil Air Defense Projects in Jiangsu Province" have been discussed and adopted by the 43rd Executive Meeting of the Provincial People's Government on November 5, 2019, and are now released for implementation on January 1, 2020.
Governor: Wu Zhenglong
November 13, 2019
Provisions on Construction and Use of Civil Air Defense Engineering in Jiangsu Province
Chapter I General Provisions
为了规范人民防空工程建设和平时开发利用，加强监督管理，发挥人民防空工程的战备效益、社会效益和经济效益，根据《中华人民共和国人民防空法》《江苏省实施〈中华人民共和国人民防空法〉办法》《江苏省物业管理条例》等法律、法规，结合本省实际，制定本规定。 Article 1 In order to regulate the development and utilization of civil air defense projects during peacetime, strengthen supervision and management, and make use of the combat readiness, social and economic benefits of civil air defense projects, in accordance with the "People's Republic of China's Civil Air Defense Law" The Air Defense Law, the Measures, and the Regulations of Jiangsu Province on Property Management, and other laws and regulations have been formulated in accordance with the actual conditions of the province.
本省行政区域内人民防空工程建设、使用及其监督管理，适用本规定。 Article 2 These Provisions apply to the construction, use and supervision of civil air defense projects within the administrative region of the province.
The civil air defense projects referred to in the preceding paragraph (hereinafter referred to as civil air defense projects) include underground protective buildings built separately to protect personnel and materials during wartime, civil air defense command, and medical rescue, as well as wartime construction combined with ground buildings. Air defense basement (hereinafter referred to as air defense basement).
人防工程建设和使用贯彻应建必建、质量至上、平战结合、合理利用的原则，实行谁使用、谁维护的管理制度。 Article 3 The construction and use of civil air defense projects follow the principles of construction, quality, supremacy of peace and war, and rational use, and a management system of who uses and maintains.
县级以上地方人民政府应当加强对人民防空工作的领导，将人防工程建设要求纳入文明城市测评体系，将人防工程使用管理纳入城市管理体系和公共安全管理体系。 Article 4 Local people's governments at or above the county level shall strengthen leadership of civil air defense work, incorporate the requirements of civil air defense engineering into the evaluation system of civilized cities, and incorporate the use and management of civil air defense engineering into urban management systems and public safety management systems.
县级以上地方人民政府人民防空行政主管部门（以下称人防主管部门）负责本行政区域内人防工程建设和使用的监督管理工作。 Article 5 The civil air defense administrative department of the local people's government at or above the county level (hereinafter referred to as the civil air defense department) is responsible for the supervision and management of the construction and use of civil air defense projects within its administrative area. Development zone management institutions that perform civil air defense administrative functions in accordance with the law shall do a good job of supervising and managing the construction and use of civil air defense projects in their areas in accordance with their duties.
Departments in charge of development and reform, public security, finance, natural resources, housing, urban and rural construction, emergency management, health and health, market supervision, and government affairs management shall perform supervision and management related to the use of civil air defense projects in accordance with their respective responsibilities.
Chapter II Planning and Construction
人防工程建设规划应当符合国土空间总体规划，并与地下空间开发利用规划、医疗卫生规划等专项规划相衔接。 Article 6 The construction plan of civil air defense engineering shall conform to the overall plan of land and space, and be linked with special plans such as plans for the development and utilization of underground space and medical and health plans.
The construction plan of civil air defense engineering shall be reviewed by the superior civil air defense department and implemented with the approval of the people's government at the corresponding level.
自然资源主管部门组织编制详细规划时，应当会同人防主管部门落实人防工程建设规划内容，明确人民防空专业队、医疗救护、物资储备等专用工程的建设位置、规模等要求。 Article 7 When organizing the preparation of detailed plans, the competent natural resource department shall, in conjunction with the competent civil air defense department, implement the content of the civil air defense project construction plan, and clarify the requirements for the construction location and scale of special projects such as the civil air defense team, medical rescue, and material reserve.
人防工程的规划建设应当考虑与地下交通干线、地下疏散通道、地下商业设施等地下建筑的连通。 Article 8 The planning and construction of civil air defense projects shall consider the connection with underground buildings such as underground transportation lines, underground evacuation routes, and underground commercial facilities. The competent civil air defense department shall work with the natural resources and housing, urban and rural construction authorities to formulate and implement the connectivity plan, and the relevant departments and units shall cooperate.
兼顾人民防空需要的地下交通干线和交通综合枢纽等地下工程，其关键部位和重点设施应当符合人民防空防护标准，人防主管部门应当参加初步设计审查。 Article 9 Underground projects such as underground transportation trunks and integrated transportation hubs that take into account the needs of civil air defense, their key parts and key facilities shall meet the civil air defense protection standards, and the civil air defense department shall participate in the preliminary design review.
城市和依法确定的人民防空重点镇规划区内新建民用建筑，应当按照不含应建防空地下室的总建筑面积5%至9%的比例建设防空地下室。 Article 10 New civil buildings in the planning areas of cities and key civil air defense planning towns shall be constructed in accordance with the proportion of 5% to 9% of the total construction area excluding air defense basements to be built. Departments responsible for the organization of mass air defense organizations and wartime medical rescue, material storage and other units shall organize the construction of special projects such as civil air defense professional teams, medical rescue, and material storage in accordance with requirements.
The wartime function, protection level, construction scale, and layout plan of the air defense basement are determined by the civil air defense department in accordance with relevant state regulations.
应当修建防空地下室的新建民用建筑有下列情形之一的，经人防主管部门批准，建设单位按照国家规定缴纳防空地下室易地建设费，由人防主管部门进行易地修建和管理： Article 11 Where a newly built civil building should be constructed for an air defense basement in one of the following circumstances, the construction unit shall pay the ex-situ construction fee of the air defense basement in accordance with state regulations with the approval of the civil air defense department, and the civil air defense department shall perform the ex-situ construction and management:
(1) It is forbidden to restrict the development and utilization of underground space in the local block;
(2) It is not suitable to construct an air defense basement due to geological, topographical, or building structural conditions such as the dark river, quicksand, and shallow bedrock;
(3) Due to the dense surrounding buildings or underground pipeline facilities, the civil air defense project cannot be constructed or it is difficult to take measures to ensure construction safety;
(4) The area of civil air defense works to be built according to the prescribed standards is less than 1,000 square meters;
(5) Meeting detailed planning requirements or other national and provincial civil air defense planning control indicators.
防空地下室易地建设费纳入财政预算统一管理。 Article 12 The cost of ex-situ construction of the air defense basement is included in the unified management of the fiscal budget. Special funds for ex-situ construction of civil air defense projects shall not be used for other purposes.
The adjustment of the charges for the relocation of air defense basement construction fees shall be applied by the provincial civil air defense department and submitted to the provincial development reform and financial department for approval.
人防工程建设项目可以按照国家和省有关规定，享受国防工程和社会公益性项目优惠政策。 Article 13 Civil defense engineering construction projects may enjoy preferential policies for national defense projects and social welfare projects in accordance with relevant national and provincial regulations.
防空地下室应当与地面建筑同步规划、设计、施工、验收。 Article 14 The air defense basement shall be planned, designed, constructed, and inspected simultaneously with the ground buildings.
If a phased construction project cannot simultaneously build an air defense basement, the construction unit shall promise in writing that the air defense basement will be completed simultaneously with the entire construction project; if the commitment is not fulfilled without justified reasons, it shall be recorded in the trustworthy record of the relevant unit and its responsible person.
人防工程建设以及选用专用设备应当符合国家规定的防护标准和质量标准。 Article 15 The construction of civil air defense engineering and the selection of special equipment shall meet the protection standards and quality standards prescribed by the state.
The planning, survey, design, construction drawing review, construction, supervision, and special equipment production, installation, and testing of civil air defense projects shall be undertaken by units and personnel with the corresponding qualifications and qualification levels as prescribed by the state.
省人防主管部门按照权限对人防工程的设计、施工图审查、监理人员以及专用设备的生产、安装和检测人员开展相关业务培训。 Article 16 The competent department of civil air defense of the province shall carry out relevant business training on the design, construction drawing review, supervision personnel and production, installation and testing of special equipment of civil air defense projects in accordance with its authority.
人防工程建设单位、勘察单位、设计单位、施工单位、监理单位以及人防工程专用设备生产、安装企业依法对人防工程建设质量负责。 Article 17 Civil air defense engineering construction units, survey units, design units, construction units, supervision units, and special equipment manufacturing and installation enterprises for civil air defense projects are responsible for the quality of civil air defense project construction.
人防工程实行专业质量监督制度。 Article 18 A professional quality supervision system shall be implemented for civil air defense projects. The civil air defense engineering quality supervision agency is responsible for comprehensive quality supervision of the separately constructed underground protective buildings, conducting quality supervision of the air defense basement engineering and the protection of underground engineering that takes into account the needs of civil air defense, and conducts the organization, procedures, and content of civil air defense engineering completion acceptance Supervision.
防空地下室施工图设计文件应当包含平战转换专篇，并入工程施工图设计文件，实行联合审查。 Article 19 The design drawings of the air defense basement construction drawings shall include a special article for the conversion of peace and war, shall be incorporated into the design drawings of the engineering construction drawings, and joint review shall be implemented.
The completion acceptance of the air defense basement is subject to joint acceptance, and the spatial location, area index and geographic information of the air defense basement are included in the construction project mapping content.
人防工程建设单位应当按照规定承担平战转换责任，在工程竣工验收前编制完成人防工程平战转换预案，落实平战转换物资储备要求。 Article 20 The civil air defense engineering construction unit shall assume responsibility for peacetime conversion in accordance with regulations, prepare a peacetime conversion plan for civil air defense engineering before the completion of the project, and implement the requirements for peacetime conversion of material reserves. If it is not possible to implement the requirements for reserve materials for peacetime conversion, a third party with corresponding capabilities shall be entrusted to reserve peacetime conversion equipment and components before the completion of civil air defense engineering.
人防工程竣工验收前，人防工程建设单位应当按照规定和设计文件要求设置人民防空标识，并进行实地标注。 Article 21 Before the completion and acceptance of a civil air defense project, the civil air defense project construction unit shall set up a civil air defense logo and mark it on the spot in accordance with the regulations and design document requirements.
No unit or individual shall damage or alter the civil air defense logo.
人防工程建设单位可以自行组织或者委托具有相应资质的检测机构对人防工程专用设备进行质量检测。 Article 22 The civil air defense engineering construction unit may organize or entrust a testing organization with corresponding qualifications to carry out quality inspection on special equipment for civil air defense engineering.
办理竣工验收备案时，人防工程建设单位应当提交工程竣工验收报告、检测报告以及接受委托的工程质量监督机构和有关部门出具的认可文件。 Article 23 When completing the completion inspection and filing, the civil air defense engineering construction unit shall submit the completion inspection report, inspection report, and the approval documents issued by the entrusted project quality supervision agency and relevant departments.
Chapter III Use and Maintenance
人防工程属于社会公益设施，平时依法由使用人进行维护、管理和使用。 Article 24 Civil air defense projects are public welfare facilities, and are usually maintained, managed, and used by users in accordance with the law. The use of civil air defense engineering shall not affect its protection effectiveness.
In normal times, the user shall establish a maintenance management system in accordance with regulations, implement technical regulations and rules for maintenance management, and ensure that the operational readiness function of civil air defense engineering is intact.
In wartime or when handling public emergencies, civil air defense projects are uniformly deployed and used by the people's government, and users in normal use should obey the deployment and management.
人防主管部门应当组织编制本地区人防工程平战转换实施方案，定期组织对预留和储备的器材、构件等进行清点和维护保养，适时组织平战转换演练。 Article 25 The competent civil air defense department shall organize the preparation of the implementation plan for the conversion of civil air defense projects in the region, and regularly organize the inventory and maintenance of the reserved and reserved equipment and components, and organize the conversion exercise of military war in a timely manner.
住宅小区内依法配建的防空地下室可以由下列主体作为平时使用人： Article 26 The air defense basement constructed in accordance with law in a residential district may be used by the following subjects as usual users:
(1) Before the establishment of the owners' committee and the property management committee, the civil air defense engineering construction unit shall be used as a normal user;
(2) After the establishment of the owner committee, the owner committee shall be used as a normal user;
(3) Where a property management committee is formed in accordance with the law, the property management committee shall be the usual user;
(4) other subjects as provided by laws, regulations and rules.
In the case of civil air defense projects constructed with civil air defense construction funds for ordinary use, the users shall be determined through public bidding.
人防主管部门应当向平时使用人出具书面凭证，载明平时使用人、使用期限等事项，在人防工程的显著位置予以公示。 Article 27 The competent civil air defense department shall issue a written voucher to the usual user, stating the usual user, period of use and other matters, and publicize it in a prominent position of the civil air defense project.
人防工程移交平时使用前，应当对专用设备设施等进行清点、登记。 Article 28 Prior to the transfer of civil air defense works for normal use, special equipment and facilities shall be counted and registered.
除按照规定由人防主管部门维护管理的人防工程外，其他人防工程未交付的，由人防工程建设单位负责维护管理；交付平时使用的，由平时使用人负责维护管理。 Article 29 Except for civil air defense projects that are maintained and managed by the competent civil air defense department in accordance with regulations, if the civil air defense projects are not delivered, the civil air defense engineering construction unit shall be responsible for the maintenance and management; if they are delivered for normal use, the normal user shall be responsible for maintenance and management.
The user can entrust a real estate service company or a third party with corresponding capabilities to be responsible for daily maintenance and management. Special equipment for civil air defense engineering can be entrusted to professional organizations for maintenance.
按照规定由人防主管部门维护管理的人防工程，其维护管理经费由同级财政预算安排。 Article 30 : For civil air defense projects that are maintained and managed by the competent civil air defense department in accordance with regulations, the funds for maintenance and management shall be arranged by the fiscal budget at the same level. Funds for the maintenance and management of other civil air defense projects shall be borne by the user or the civil air defense engineering construction unit responsible for maintenance and management.
物业管理区域内依法配建的防空地下室平时用作停车位收取的汽车停放费、租金应当单独列账，并优先保障保修期满后该防空地下室防护结构和专用设备设施的维修更新、日常维护管理和停车管理的必要支出。 Article 31 The parking fees and rents of cars that are normally used as parking spaces in the air defense basement allocated in the property management area according to law shall be separately accounted for, and the maintenance of the protection structure and special equipment of the air defense basement after the expiration of the warranty period shall be given priority. Necessary expenses for updates, routine maintenance management and parking management.
人防工程维护管理应当达到下列基本要求： Article 32 The maintenance and management of civil air defense projects shall meet the following basic requirements:
(1) The civil air defense engineering structure and its auxiliary facilities are intact;
(2) The interior of the civil air defense project is tidy and free of leakage, and the entrance and exit are unobstructed;
(3) The special equipment and facilities for civil air defense engineering and flood control facilities are intact;
(4) Phenomenon of unauthorised modification or unauthorised connection within the civil air defense project;
(5) The marking of civil air defense engineering is complete and tidy;
(6) Other national and provincial technical regulations and other clear requirements.
人防工程依法受到保护，禁止擅自拆除、改造人防工程专用设备设施。 Article 33 Civil defense engineering is protected in accordance with the law. It is forbidden to dismantle or modify special equipment and facilities for civil defense engineering without authorization. In the event of dismantling or scrapping civil air defense works, or in need of modification of civil air defense works due to normal use, it shall be reported to the competent civil air defense department for approval.
Chapter IV Supervision and Management
自然资源、住房城乡建设和人防主管部门应当按照职责加强人防工程规划、建设和使用的监督检查，对违法行为依法予以处理。 Article 34 The competent departments of natural resources, housing, urban and rural construction, and civil air defense shall, in accordance with their duties, strengthen the supervision and inspection of the planning, construction, and use of civil air defense projects, and shall deal with illegal acts in accordance with law.
平时使用人或者负责维护管理的人防工程建设单位未按照规定对人防工程进行维护保养，或者维护保养未达到规定要求的，由人防主管部门责令限期改正；未按照要求及时维修、更新人防工程防护结构、专用设备设施的，由人防主管部门责令限期维修、更新。 Article 35 If the user or the civil air defense engineering construction unit responsible for maintenance and management fails to perform maintenance on the civil air defense project in accordance with the regulations, or the maintenance fails to meet the required requirements, the civil air defense department shall order correction within a time limit; Where civil air defense engineering protection structures and special equipment and facilities are updated, the civil air defense department shall order maintenance and update within a time limit.
人防主管部门应当建立人防工程建设使用信用管理制度，依法组织认定和公布人防工程建设和使用相关单位失信行为，并及时报送省公共信用信息系统和省市场监督管理信息平台。 Article 36 The competent department of civil air defense shall establish a credit management system for civil air defense project construction, organize the organization to identify and publish the breach of trust of civil air defense project construction and use in accordance with the law, and promptly report to the provincial public credit information system and the provincial market supervision and management information platform.
人防主管部门、其他有关部门及其工作人员在实施相关许可和监督管理工作中玩忽职守、滥用职权、徇私舞弊涉嫌犯罪的，提请有权机关依法追究刑事责任；尚未构成犯罪的，依法给予处分。 Article 37 If the competent civil air defense department, other relevant departments, and their staff are suspected of committing crimes in neglecting their duties, abusing their powers, or engaging in malpractice for personal gain in the implementation of relevant permits and supervision and management work, they shall request the competent authorities to investigate their criminal responsibilities according to law; Punishment according to law.
Chapter V Supplementary Provisions
Article 38 These Provisions shall become effective on January 1, 2020.
View and download the PDF version of the bulletin: Provisions on the Use of Civil Air Defense Projects in Jiangsu Province (Provincial Government Order No. 129) .pdf